08 LC 14
9861S
The
House Committee on Rules offers the following substitute to SB 88:
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Chapter 9 of Title 19 of the Official Code of Georgia Annotated, relating
to child custody proceedings, so as to provide for the creation, authorization,
procedure, revocation, and termination of a power of attorney from a parent to a
grandparent for the care of a grandchild; to provide for short titles; to
provide definitions; to provide for other related matters; to provide effective
dates; to repeal conflicting laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
This
Act shall be known and may be cited as the "Care of a Grandchild
Act."
SECTION
2.
The
General Assembly finds that:
(1)
An increasing number of relatives in Georgia, including grandparents and
great-grandparents, are providing care to children who cannot reside with their
parents due to the parent´s incapacity or inability to perform the regular
and expected functions to provide such care and support;
(2)
Parents need a means to confer to grandparents or great-grandparents the
authority to act on behalf of grandchildren without the time and expense of a
court proceeding; and
(3)
Providing a statutory mechanism for granting such authority enhances family
preservation and stability.
SECTION
3.
Chapter
9 of Title 19 of the Official Code of Georgia Annotated, relating to child
custody proceedings, is amended by adding a new article to read as
follows:
"ARTICLE
4
19-9-120.
This
article shall be known and may be cited as the 'Power of Attorney for the Care
of a Minor Child Act.'
19-9-121.
As
used in this article, the term:
(1)
'Grandchild' means the minor child of a grandparent.
(2)
'Grandparent' shall have the same meaning as provided in subsection (a) of Code
Section 19-7-3 and shall include the biological great-grandparent or
stepgreat-grandparent who is the parent or stepparent of a grandparent of a
minor child.
(3)
'Parent' shall have the same meaning as provided in Code Section 19-3-37. Such
term used in the singular shall mean both parents if both parents share joint
legal custody of the child, unless otherwise clearly indicated.
(4)
'Reasonable evidence' means evidence that a reasonable person would find
sufficient to determine whether one conclusion is more likely than
another.
(5)
'School' means:
(A)
Any county or independent school system as defined in Code Section
20-1-9;
(B)
Any private school as such term is defined in Code Section
20-2-690;
(C)
A home study program meeting the requirements set forth in subsection (c) of
Code Section 20-2-690;
(D)
Pre-kindergarten programs; or
(E)
Early care and education programs as such term is defined in paragraph (6) of
Code Section 20-1A-2.
(6)
'School term' means the part of the year in which school is in
session.
(7)
'Serious illness' means a physical or mental illness as determined by a licensed
health care professional, including a psychiatrist or psychologist, that causes
the parent to be unable to care for the minor child due to the physical or
mental condition or health of the parent, including a condition created by
medical treatment.
(8)
'Terminal illness' has the same meaning as the term 'terminal condition' as
provided in paragraph (14) of Code Section 31-32-2.
19-9-122.
(a)
A parent of a minor child may delegate to any grandparent residing in this state
caregiving authority regarding the minor child when hardship prevents the parent
from caring for the child. This authority may be delegated without the approval
of a court by executing in writing a power of attorney for the care of a minor
child in a form substantially complying with the provisions of this
article.
(b)
Hardships may include, but are not limited to:
(1)
A parent being unable to provide care due to the death of the other
parent;
(2)
A serious illness or terminal illness of a parent;
(3)
The physical or mental condition of the parent or the child such that proper
care and supervision of the child cannot be provided by the parent;
(4)
The incarceration of a parent;
(5)
The loss or uninhabitability of the child´s home as the result of a natural
disaster; or
(6)
A period of active military duty of a parent exceeding 24 months.
(c)
Hardship shall not include the granting of a power of attorney for the care of a
minor child for the purpose of subverting an investigation of the child´s
welfare initiated by the Department of Human Resources or other agency
responsible for such investigations.
19-9-123.
Through
the power of attorney for the care of a minor child, the parent may authorize
the agent grandparent to perform the following functions:
(1)
Enroll the child in school and in extracurricular activities;
(2)
Enroll the child in any health insurance program offered to the
grandparent;
(3)
Provide access to school records and may disclose the contents to
others;
(4)
Arrange for and consent to medical, dental, and mental health treatment for the
child;
(5)
Provide access to medical, dental, and mental health records and may disclose
the contents thereof to others;
(6)
Provide for the child´s food, lodging, housing, recreation, and travel;
and
(7)
Any additional powers as specified by the parent.
19-9-124.
(a)
An agent grandparent under a power of attorney for the care of a minor child
shall act in the best interests of the minor child. Such agent grandparent
shall not be liable for consenting or refusing to consent to medical, dental, or
mental health care for a minor child when such decision is made in good faith
and is exercised in the best interests of the minor child.
(b)(1)
The agent grandparent shall have the right to enroll the minor child in a public
school serving the area where the agent grandparent resides and may enroll the
minor child in a private school, pre-kindergarten program, or home study
program.
(2)
The public school shall allow such agent grandparent with a properly executed
power of attorney for the care of a minor child to enroll the minor
child.
(3)
At the time of enrollment the grandparent shall provide to the school such
residency documentation as is customary in that school district.
(4)
The school may request reasonable evidence of the stated hardship.
(5)
If a public school denies enrollment of a minor child under this Code section,
such denial may be appealed and shall be treated as any other denial of
enrollment of a child in that school district, including all of the remedies
otherwise available when enrollment is denied to a child.
(6)
Except where limited by federal law, the agent grandparent shall have the same
rights, duties, and responsibilities that would otherwise be exercised by the
parent pursuant to the laws of this state.
(7)
An agent grandparent shall be obligated to comply with any existing court order
relative to the child, including, but not limited to, any visitation
order.
19-9-125.
No
person, school official, or health care provider who acts in good faith reliance
on a power of attorney for the care of a minor child shall be subject to
criminal or civil liability or professional disciplinary action for such
reliance.
19-9-126.
Nothing
in this article shall preclude a parent or agent grandparent from granting
temporary written permission to seek emergency medical treatment or other
services for a minor child while in the custody of an adult who is not the
parent or agent grandparent and who is temporarily supervising the child at the
parent´s or agent grandparent´s request.
19-9-127.
(a)
Except as may be permitted by the federal No Child Left Behind Act, 20 U.S.C.A.
Section 6301, et seq. and Section 7801, et seq., a parent executing the power of
attorney for the care of a minor child shall certify that such action is not for
the primary purpose of enrolling the child in a school for the sole purpose of
participating in the academic or interscholastic athletic programs provided by
that school or for any other unlawful purpose. Violation of this subsection
shall be punishable in accordance with Georgia law and may require, in addition
to any other remedies, repayment by such parent or grandparent of all costs
incurred by the school as a result of the violation.
(b)(1)
The instrument providing for the power of attorney for the care of a minor child
shall be executed by both parents, if both parents are living and have joint
legal custody of the minor child, and shall specify which hardship prevents the
parent or parents from caring for the child. If the parents do not have joint
legal custody, the parent having sole permanent legal custody shall have
authority to grant the power of attorney.
(2)
The power of attorney for the care of a minor child shall be signed and
acknowledged before a notary public by the parent executing the power of
attorney. Any noncustodial parent shall be notified in writing of the name and
address of the grandparent who has been appointed the agent grandparent under
the power of attorney. The executing parent shall send the notification by
certified mail or statutory overnight delivery, return receipt requested, to the
noncustodial parent at the noncustodial parent´s last known address within
five days of the execution of the power of attorney. A noncustodial parent who
has joint legal custody shall have the same authority to execute a revocation of
the power of attorney as granted to the custodial parent.
(c)
If only one parent has sole permanent legal custody of the minor child, then
that parent shall have authority to execute the power of attorney for the care
of a minor child and to revoke the power of attorney.
19-9-128.
(a)(1)
The agent grandparent shall have the authority to act on behalf of the minor
child until each parent who executed the power of attorney for the care of a
minor child revokes the power of attorney in writing and provides notice of the
revocation to the agent grandparent as provided in this Code
section.
(2)
The agent grandparent shall have the authority to act on behalf of the child
until a copy of the revocation of the power of attorney is received by certified
mail or statutory overnight delivery, return receipt requested, and upon receipt
of the revocation the agent grandparent shall cease to act as
agent.
(3)
The parent shall send a copy of the revocation of the power of attorney to the
agent grandparent within five days of the execution of the revocation by
certified mail or statutory overnight delivery, return receipt
requested.
(4)
The revoking parent shall notify the school, health care providers, and others
known to the parent to have relied upon such power of attorney.
(b)
The power of attorney for the care of a minor child may also be terminated by
any order of a court of competent jurisdiction.
(c)(1)
The agent grandparent shall notify the school in which the agent grandparent had
enrolled the child whenever a change in circumstances results in a change in
residence for such child that is expected to last more than six weeks during a
school term and such change in residence is not due to hospitalization,
vacation, study abroad, or some reason otherwise acceptable to the
school.
(2)
The agent grandparent may resign by notifying the parent in writing by certified
mail or statutory overnight delivery, return receipt requested, and, if the
agent grandparent is aware that the parent´s hardship still exists, such
agent grandparent shall also notify child protective services or such government
authority that is charged with assuring proper care of such minor
child.
(3)
Upon the death of the authorizing parent, the agent grandparent shall notify the
surviving parent as soon as practicable. With consent of the surviving parent
or if the whereabouts of the surviving parent are unknown, the power of attorney
for the care of a minor child may continue for up to six months so that the
child may receive consistent care until more permanent custody arrangements are
made.
(d)
The authority to designate an agent to act on behalf of a minor child is in
addition to any other lawful action a parent may take for the benefit of such
minor child, and the parent shall continue to have the right to medical, dental,
mental health, and school records pertaining to the minor child.
19-9-129.
(a)
The statutory power of attorney for the care of a minor child form contained in
this Code section may be used to grant an agent grandparent powers over the
minor child´s enrollment in school, medical, dental, and mental health
care, food, lodging, recreation, travel, and any additional powers as specified
by the parent. This power of attorney is not intended to be exclusive. No
provision of this article shall be construed to bar use by the parent of any
other or different form of power of attorney for the care of a minor child which
complies with this article. A power of attorney for the care of a minor child
in substantially the form set forth in this Code section shall have the same
meaning and effect as prescribed in this article. Substantially similar forms
may include forms from other states.
(b)
The power of attorney for the care of a minor child shall be in substantially
the following form:
'GEORGIA
POWER OF ATTORNEY FOR THE CARE OF A MINOR CHILD
NOTICE:
(1)
THE PURPOSE OF THIS POWER OF ATTORNEY IS TO GIVE THE GRANDPARENT THAT YOU
DESIGNATE (THE AGENT GRANDPARENT) POWERS TO CARE FOR YOUR MINOR CHILD, INCLUDING
THE POWER TO: ENROLL THE CHILD IN SCHOOL AND IN EXTRACURRICULAR SCHOOL
ACTIVITIES; HAVE ACCESS TO SCHOOL RECORDS AND DISCLOSE THE CONTENTS TO OTHERS;
ARRANGE FOR AND CONSENT TO MEDICAL, DENTAL, AND MENTAL HEALTH TREATMENT FOR THE
CHILD; HAVE ACCESS TO SUCH RECORDS RELATED TO TREATMENT OF THE CHILD AND
DISCLOSE THE CONTENTS OF THOSE RECORDS TO OTHERS; PROVIDE FOR THE CHILD´S
FOOD, LODGING, RECREATION, AND TRAVEL; AND HAVE ANY ADDITIONAL POWERS AS
SPECIFIED BY THE PARENT.
(2)
THE AGENT GRANDPARENT IS REQUIRED TO EXERCISE DUE CARE TO ACT IN THE
CHILD´S BEST INTEREST AND IN ACCORDANCE WITH THE GRANT OF AUTHORITY
SPECIFIED IN THIS FORM.
(3)
A COURT OF COMPETENT JURISDICTION MAY REVOKE THE POWERS OF THE AGENT GRANDPARENT
IF IT FINDS THAT THE AGENT GRANDPARENT IS NOT ACTING PROPERLY.
(4)
THE AGENT GRANDPARENT MAY EXERCISE THE POWERS GIVEN IN THIS POWER OF ATTORNEY
FOR THE CARE OF A MINOR CHILD THROUGHOUT THE CHILD´S MINORITY UNLESS THE
PARENT REVOKES THIS POWER OF ATTORNEY AND PROVIDES NOTICE OF THE REVOCATION TO
THE AGENT GRANDPARENT OR UNTIL A COURT OF COMPETENT JURISDICTION TERMINATES THIS
POWER.
(5)
THE AGENT GRANDPARENT MAY RESIGN AS AGENT AND MUST IMMEDIATELY COMMUNICATE SUCH
RESIGNATION TO THE PARENT, AND IF COMMUNICATION WITH SUCH PARENT IS NOT
POSSIBLE, THE AGENT GRANDPARENT SHALL NOTIFY CHILD PROTECTIVE SERVICES OR SUCH
GOVERNMENT AUTHORITY THAT IS CHARGED WITH ASSURING PROPER CARE OF SUCH MINOR
CHILD.
(6)
THIS POWER OF ATTORNEY MAY BE REVOKED IN WRITING BY ANY AUTHORIZING PARENT. IF
THE POWER OF ATTORNEY IS REVOKED, THE REVOKING PARENT SHALL NOTIFY THE AGENT
GRANDPARENT, SCHOOL, HEALTH CARE PROVIDERS, AND OTHERS KNOWN TO THE PARENT TO
HAVE RELIED UPON SUCH POWER OF ATTORNEY.
(7)
IF THERE IS ANYTHING ABOUT THIS FORM THAT YOU DO NOT UNDERSTAND, YOU SHOULD ASK
A LAWYER TO EXPLAIN IT TO YOU.
POWER
OF ATTORNEY FOR THE CARE OF A MINOR CHILD
made
this ____ day of ______________, ____.
(1)(A)
I, ___________________________ (insert name and address of parent or parents),
hereby appoint _________________________________________________ (insert name
and address of grandparent to be named as agent) as attorney in fact (the agent
grandparent) for my child ____________________________________________ (insert
name of child) to act for me and in my name in any way that I could act in
person.
(B)
I hereby certify that the agent grandparent named herein is the (place a check
mark beside the appropriate description):
____Biological
grandparent;
____Stepgrandparent;
____Biological
great-grandparent; or
____Stepgreat-grandparent.
(2)
The agent grandparent may:
(A)
Enroll the child in school and in extracurricular activities, have access to
school records, and may disclose the contents to others;
(B)
Arrange for and consent to medical, dental, and mental health treatment of the
child, have access to such records related to treatment of the child, and
disclose the contents of such records to others;
(C)
Provide for the child´s food, lodging, recreation, and travel;
and
(D)
Carry out any additional powers specified by the parent as follows:
__________________________________________________________________
__________________________________________________________________
___________________________________________________________________
(3)
The powers granted above shall not include the following powers or shall be
subject to the following rules or limitations (here you may include any specific
limitations that you deem appropriate):
___________________________________________________________________
___________________________________________________________________
___________________________________________________________________
(4)
This power of attorney for the care of a minor child is being executed because
of the following hardship (initial all that apply):
____
(A) The death, serious illness, or terminal illness of a parent;
____
(B) The physical or mental condition of the parent or the child such that proper
care and supervision of the child cannot be provided by the parent;
____
(C) The loss or uninhabitability of the child´s home as the result of a
natural disaster;
____
(D) The incarceration of a parent; or
____
(E) A period of active military duty of a parent.
(5)
(Optional) If a guardian of my minor child is to be appointed, I nominate the
following person to serve as such guardian:
__________________________________
(insert
name and address of person nominated to be guardian of the minor
child).
(6)
I am fully informed as to all of the contents of this form and I understand the
full import of this grant of powers to the agent grandparent.
(7)
I certify that the minor child is not emancipated, and, if the minor child
becomes emancipated, this power of attorney shall no longer be
valid.
(8)
Except as may be permitted by the federal No Child Left Behind Act, 20 U.S.C.A.
Section 6301, et seq. and Section 7801, et seq., I hereby certify that this
power of attorney is not executed for the primary purpose of unlawfully
enrolling the child in a school so that the child may participate in the
academic or interscholastic athletic programs provided by that
school.
(9)
I certify that, to my knowledge, the minor child´s welfare is not the
subject of an investigation by the Department of Human Resources.
(10)
I declare under penalty of perjury under the laws of the State of Georgia that
the foregoing is true and correct.
Parent
Signature: ______________________________________________________
Printed
name: ______________________________________________________
Parent
Signature: ______________________________________________________
Printed
name: ______________________________________________________
Signed
and sealed in the presence of:
_______________________________________
Notary public
My commission expires_________________'
(c)
The following notice shall be attached to the power of attorney:
'ADDITIONAL
INFORMATION:
To
the grandparent designated as attorney in fact:
(1)
If a change in circumstances results in the child not living with you for more
than six weeks during a school term and such change is not due to
hospitalization, vacation, study abroad, or some reason otherwise acceptable to
the school, you should notify in writing the school in which you have enrolled
the child and to which you have given this power of attorney form.
(2)
You have the authority to act on behalf of the minor child until each parent who
executed the power of attorney for the care of the minor child revokes the power
of attorney in writing and provides notice of revocation to you as provided in
O.C.G.A. Section 19-9-128.
(3)
If you are made aware of the death of the parent who executed the power of
attorney, you must notify the surviving parent as soon as practicable. With the
consent of the surviving parent, or if the whereabouts of the surviving parent
are unknown, the power of attorney may continue for up to six months so that the
child may receive consistent care until more permanent custody arrangements are
made.
(4)
You may resign as agent by notifying each parent in writing by certified mail or
statutory overnight delivery, return receipt requested, and if you become unable
to care for the child, you shall cause such resignation to be communicated to
the parent. If communication with such parent is not possible, you must notify
child protective services or such government authority that is charged with
assuring proper care of such minor child.
To
school officials:
(1)
Except as provided in the policies and regulations of the county school board
and the federal No Child Left Behind Act, 20 U.S.C.A. Section 6301, et seq. and
Section 7801, et seq., this power of attorney, properly completed and notarized,
authorizes the agent grandparent named herein to enroll the child named herein
in school in the district in which the agent grandparent resides. That agent
grandparent is authorized to provide consent in all school related matters and
to obtain from the school district educational and behavioral information about
the child. Furthermore, this power of attorney shall not prohibit the parent of
the child from having access to all school records pertinent to the
child.
(2)
The school district may require such residency documentation as is customary in
that school district.
(3)
No school official who acts in good faith reliance on a power of attorney for
the care of a minor child shall be subject to criminal or civil liability or
professional disciplinary action for such reliance.
To
health care providers:
(1)
No health care provider who acts in good faith reliance on a power of attorney
for the care of a minor child shall be subject to criminal or civil liability or
professional disciplinary action for such reliance.
(2)
The parent continues to have the right to all medical, dental, and mental health
records pertaining to the minor child.'"
SECTION
4.
This
Act shall become effective July 1, 2008.
SECTION
5.
All
laws and parts of laws in conflict with this Act are repealed.