‘An Act To Amend the Law Regarding Temporary Powers of Attorney over Minors and To Require Organizations To Screen Agents before Providing Care’
| HP0734 LD 1065 |
Session - 127th Maine Legislature C "A", Filing Number H-657, Sponsored by
|
LR 721 Item 4 |
|
| Bill Tracking, Additional Documents | Chamber Status | ||
Amend the bill by striking out the title and substituting the following:
‘An Act To Amend the Law Regarding Temporary Powers of Attorney over Minors and To Require Organizations To Screen Agents before Providing Care’
Amend the bill by striking out everything after the enacting clause and before the summary and inserting the following:
‘Sec. 1. 18-A MRSA §5-104, sub-§(a), as amended by PL 2011, c. 43, §1, is further amended to read:
Sec. 2. 18-A MRSA §5-104, sub-§(c) is enacted to read:
(i) A screening for child and adult abuse, neglect or exploitation cases in the records of the Department of Health and Human Services; and
(ii) A criminal history record check that includes information obtained from the Federal Bureau of Investigation.
The organization shall maintain records on the training and background checks of agents, including the content and dates of training and full transcripts of background checks, for a period of not less than 5 years after the minor attains 18 years of age. The organization shall make the records available to a parent or guardian executing a power of attorney under this subsection and to the ombudsman under Title 22, section 4087-A and any local, state or federal authority conducting an investigation involving the agent, the parent or guardian or the minor.
(i) An organization that knowingly fails to perform or verify the background checks or fails to share the background check information as required by this subsection is subject to a civil penalty not to exceed $5,000, payable to the State and recoverable in a civil action.
(ii) An organization or an employee or volunteer of an organization that continues to assist a parent, guardian or agent in completing a power of attorney under this subsection if the background checks conducted pursuant to paragraph (4) disclose any substantiated allegations of child abuse, neglect or exploitation or any crimes that would disqualify the agent from becoming a licensed family foster home is subject to a civil penalty not to exceed $5,000, payable to the State and recoverable in a civil action.
(iii) An organization or an employee or volunteer of an organization that knowingly fails to maintain records or to disclose information as required by this subsection is subject to a civil penalty not to exceed $5,000, payable to the State and recoverable in a civil action.
summary
This amendment replaces the bill.
The amendment provides that a power of attorney cannot authorize the agent to consent to the termination of a parent's parental rights. It also provides that a delegation of powers by a power of attorney does not deprive the parent or guardian of any parental or legal authority regarding the care and custody of the minor or incapacitated person.
The amendment creates a new subsection that applies to powers of attorney executed by a parent or a guardian for the purpose of providing temporary care of a minor. It specifically provides that, without other evidence, the execution of the power of attorney by a parent or guardian does not constitute abandonment, abuse or neglect of the minor.
The amendment prohibits the agent from receiving any financial assistance from the State for the care of the minor, except for any assistance that the minor or the agent is entitled to receive pursuant to any state or federal program.
The amendment provides that a minor subject to a power of attorney is not in foster care and is not considered a ward of the State. In addition, the agent named in the power of attorney is not considered a family foster home and is not required to be licensed as a family foster home. However, the agent is not prohibited from becoming a foster home and the minor may be placed with the agent if the State takes custody of the minor.
The amendment provides that an organization, other than an organization whose primary purpose is to provide free legal services, that is exempt from federal income taxation under Section 501(a) of the United States Internal Revenue Code of 1986 as an organization described by Section 501(c)(3) and that assists parents or guardians with the process of executing a power of attorney for the temporary care of a minor must ensure that a background check is completed for the agent and any adult members of the agent's household. The background check must include screening for child abuse cases and a federal criminal history record check.
The amendment requires that the organization keep records of training and transcripts of background checks and that the organization must make those records available to a parent or guardian executing a power of attorney under these provisions and to the child welfare ombudsman and any local, state or federal authority performing an investigation involving the agent, the parent or guardian or the minor.
The amendment imposes penalties on an organization that does not act as required and on employees or volunteers of an organization that knowingly continue to assist parents, guardians or agents in completing a power of attorney for a minor after a background check returns disqualifying information.