An Act To Ensure Children in the Care of Caretaker Relatives Can Access Fundamental Services
Sec. 1. 19-A MRSA c. 60 is enacted to read:
CHAPTER 60
CAREGIVER RELATIVE AUTHORIZATION FOR MEDICAL CARE
§ 1821. Definitions
As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings.
§ 1822. Caretaker relative medical authorization affidavit
This subsection applies even if medical care is provided to a minor against the wishes of a parent of that minor if the health care provider rendering the service does not have actual knowledge of the parent's wishes.
CARETAKER RELATIVE MEDICAL AUTHORIZATION AFFIDAVIT
1. INSTRUCTIONS: The completion and signing of the affidavit before a notary public are sufficient to authorize medical care for the named minor. Please print clearly.
The minor named below lives in my home, and I am 18 years of age or older.
A. Name of minor:......................................................
B. Minor's date of birth:..............................
C. My name (caretaker relative):.................................................
D. My home address:...................................................................
E. My relationship to the minor (the caretaker relative must be an individual related by blood, marriage or adoption by another individual to the minor whose care is undertaken by the caretaker relative, but who is not a parent, foster parent, stepparent or legal guardian of the minor):...............................................................
2. I hereby certify that this affidavit is not being used for an unlawful purpose.
3. My date of birth:....................................
4. Check the following if true (all must be checked for this affidavit to apply):
[ ] A parent of the minor identified in this affidavit has left the minor with me and has expressed no definite time period when the parent will return for the minor.
[ ] The minor is now residing with me on a full-time basis.
[ ] I am unable to locate or contact the parent of the minor at this time to notify that parent of my intended authorization or the parent refuses to regain custody of the minor even though I have asked in writing that the parent do so.
[ ] Adequate provision, such as appointment of a legal custodian or guardian or execution of a notarized power of attorney, has not been made for medical care for the minor.
5. WARNING: DO NOT SIGN THIS FORM IF ANY OF THE STATEMENTS ABOVE ARE INCORRECT OR YOU WILL BE COMMITTING A CRIME PUNISHABLE BY A FINE OR IMPRISONMENT OR BOTH.
6. I declare under penalty of perjury that the statements in this affidavit are true and correct.
Signed this ............... day of ........, 20.........
..........................................................................
(Signature of caretaker relative)
..........................................................................
(Signature, county, state and seal of notary public)
7. NOTICES:
A. Completion of this affidavit does not affect the rights of the minor's parent or legal guardian regarding the care, custody and control of the minor and does not mean that the caretaker relative has legal custody of the minor;
B. A health care provider who relies on this affidavit has no obligation to make any further inquiry or investigation;
C. This affidavit is effective until the earlier of:
(1) One year from completion of the affidavit;
(2) The date the affidavit is revoked by the caretaker relative; and
(3) The date upon which the minor no longer resides with the caretaker relative;
D. If the minor stops living with you, you shall notify anyone to whom you have given this affidavit and to whom you have caused the affidavit to be given; and
E. A health care provider who acts in good faith reliance upon a caretaker relative medical authorization affidavit to provide medical care, without actual knowledge of facts contrary to those indicated in the affidavit, is not subject to criminal prosecution or civil liability or subject to any professional disciplinary action for reliance on the affidavit if the form is completed in compliance with the Maine Revised Statutes, Title 19-A, section 1822.
Sec. 2. 20-A MRSA c. 211, sub-c. 6 is enacted to read:
SUBCHAPTER 6
CARETAKER RELATIVE EDUCATION AUTHORIZATION
§ 5171. Definitions
As used in this subchapter, unless the context otherwise indicates, the following terms have the following meanings.
§ 5172. Caretaker relative education authorization affidavit
A caretaker relative of a minor who has voluntarily been given custody of the minor by a parent of the minor may enroll the minor in school unless the minor's residency with the caretaker relative is primarily for the purpose of attending a particular school or participating in athletics at a particular school. The school may require additional reasonable evidence that the caretaker relative lives at the address provided in the affidavit.
This subsection applies even if an educational service or medical care related to an educational service or both are provided to a minor against the wishes of a parent of that minor if the person rendering the service does not have actual knowledge of the parent's wishes.
CARETAKER RELATIVE EDUCATION AUTHORIZATION AFFIDAVIT
1. INSTRUCTIONS: The completion and signing of the affidavit before a notary public are sufficient to authorize educational enrollment and services and school-related medical care for the named minor. Please print clearly.
The minor named below lives in my home, and I am 18 years of age or older.
A. Name of minor:...............................................................
B. Minor's date of birth:...................................
C. My name (caretaker relative):...................................................
D. My home address:.....................................................................
E. My relationship to the minor (the caretaker relative must be an individual related by blood, marriage or adoption by another individual to the minor whose care is undertaken by the caretaker relative, but who is not a parent, foster parent, stepparent or legal guardian of the minor):........................................................................
2. I hereby certify that this affidavit is not being used for the purpose of circumventing school residency laws, to take advantage of a particular academic program or athletic activity or for an otherwise unlawful purpose.
3. My date of birth:..........................................
4. Check the following if true (all must be checked for this affidavit to apply):
[ ] A parent of the minor identified in this affidavit has left the minor with me and has expressed no definite time period when the parent will return for the minor.
[ ] The minor is now residing with me on a full-time basis.
[ ] I am unable to locate or contact the parent of the minor at this time to notify that parent of my intended authorization or the parent refuses to regain custody of the minor even though I have asked in writing that the parent do so.
[ ] Adequate provision, such as appointment of a legal custodian or guardian or execution of a notarized power of attorney, has not been made for enrollment of the minor in school, other educational services or medical care related to an educational service.
5. WARNING: DO NOT SIGN THIS FORM IF ANY OF THE STATEMENTS ABOVE ARE INCORRECT OR YOU WILL BE COMMITTING A CRIME PUNISHABLE BY A FINE OR IMPRISONMENT OR BOTH.
6. I declare under penalty of perjury that the statements in this affidavit are true and correct.
Signed this ............... day of............., 20.......
......................................................................
(Signature of caretaker relative)
......................................................................
(Signature, county, state and seal of notary public)
7. NOTICES:
A. Completion of this affidavit does not affect the rights of the minor's parent or legal guardian regarding the care, custody and control of the minor and does not mean that the caretaker relative has legal custody of the minor;
B. A person who relies on this affidavit has no obligation to make any further inquiry or investigation;
C. This affidavit is effective until the earlier of:
(1) The end of the first school year after delivery of the affidavit to a school;
(2) The date the affidavit is revoked by the caretaker relative; or
(3) The date upon which the minor no longer resides with the caretaker relative;
D. If the minor stops living with you, you shall notify anyone to whom you have given this affidavit and to whom you have caused the affidavit to be given; and
E. A school official or health care provider who acts in good faith reliance upon a caretaker relative education authorization affidavit to provide educational services or medical care related to an educational service, without actual knowledge of facts contrary to those indicated in the affidavit, is not subject to criminal prosecution or civil liability or subject to any professional disciplinary action for reliance on the affidavit if the form is completed in compliance with the Maine Revised Statutes, Title 20-A, section 5172.
SUMMARY
This bill, which is based on Montana law, allows the caretaker relative, including a grandparent, aunt, uncle, brother, sister and cousin, of a minor voluntarily left by the minor's parent with the caretaker relative to exercise limited authority to make medical and educational decisions for the minor in place of the parent. It provides for authorization of the caretaker relative by a notarized affidavit and sets out the content and form of the affidavit. It provides immunity from criminal and civil liability and professional discipline for persons, including health care providers and school officials, relying on the affidavit in the absence of the person's knowing facts contrary to the affidavit or knowing that the parent has made a decision that supersedes the caretaker relative's decision.