SB 82

Under current law, the court assigned to exercise jurisdiction under the

Children's Code (juvenile court) may, under certain circumstances appoint a legal

custodian for a child, which confers on the legal custodian the right and duty to

protect, train, and discipline the child and to provide food, shelter, legal services,

education, and ordinary medical and dental care for the child. The juvenile court

may also, under certain circumstances, appoint a guardian for a child, which confers

on the guardian the rights and duties of a legal custodian, plus the duty and

authority to make important decisions in matters having a permanent effect on the

life and development of the child, including the authority to consent to marriage,

enlistment in the U.S. armed forces, major medical, psychiatric, and surgical

treatment, and obtaining a motor vehicle operator's license.

This bill permits a parent, guardian, or legal custodian of a child, by a properly

executed power of attorney, to delegate to another person, for a period not to exceed

one year, any of his or her powers regarding the care and custody of the child, except

the power to consent to the marriage or adoption of the child, the performance or

inducement of an abortion on or for the child, or the termination of parental rights

to the child. The bill provides that such a delegation of powers does not deprive the

parent, guardian, or legal custodian of any of his or her powers regarding the care

and custody of the child.

Under current law, a person who provides care and maintenance for four or

fewer children must obtain a license to operate a foster home. Current law, however,

permits a relative or guardian of a child to provide care and maintenance for a child

without obtaining a license to operate a foster home. This bill exempts a person who

is delegated care and custody of a child as provided in the bill from the requirement

that the person obtain a license to operate a foster home in order to provide care and

maintenance for the child.