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SF 907

as introduced - 86th Legislature (2009 - 2010) Posted on 02/09/2010 02:17am

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - as introduced

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A bill for an act
relating to children; authorizing relative caretaker consent to certain matters
affecting a child; providing a relative caretaker consent authorization form;
proposing coding for new law in Minnesota Statutes, chapter 257C.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

new text begin [257C.09] RELATIVE CARETAKER CONSENT AUTHORIZATION.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) The definitions in this subdivision apply to this
section.
new text end

new text begin (b) "Qualified relative" means an adult related to the child by blood or marriage
including a grandfather, grandmother, step-grandparent, brother, sister, half-brother,
half-sister, stepbrother, stepsister, uncle, aunt, first cousin or first cousin once removed,
nephew, niece, person of preceding generation as denoted by prefixes of "great,"
"great-great," or "great-great-great," or a spouse of any person named in the above groups
even after the marriage ends by death or divorce.
new text end

new text begin (c) "School-related medical care" means medical care required by the state or a local
unit of government as a condition of school enrollment.
new text end

new text begin Subd. 2. new text end

new text begin Authorization; conditions. new text end

new text begin A relative caretaker of a child who has
voluntarily been given custody of the child by a parent or legal custodian of the child has
the same authority as a custodial parent of the child to exercise care, physical custody, and
control of the child including authority to enroll the child in school, to discuss with the
school district the child's educational progress, to consent to all school-related matters
regarding the child, and to consent to medical, dental, and psychological treatment for
the child if:
new text end

new text begin (1) the child is residing with the relative caregiver on a full-time basis;
new text end

new text begin (2) the relative caregiver is unable to contact the parent following the voluntary
leaving of the child with the relative or the parent refuses to regain custody of the child
after a written request by the relative to do so;
new text end

new text begin (3) no adequate provision, such as the appointment of a guardian ad litem or
execution of a delegation of power, has otherwise been made for the care of the child; and
new text end

new text begin (4) a relative caregiver authorization affidavit is completed in compliance with
this section.
new text end

new text begin Subd. 3. new text end

new text begin Rights of parent or guardian; custody. new text end

new text begin This declaration does not affect
the rights of the child's parents or legal guardian regarding the care, custody, and control
of the child, and does not mean that the caregiver has legal custody of the child.
new text end

new text begin Subd. 4. new text end

new text begin Contravening decision by parent or custodian. new text end

new text begin The decision of a
relative caregiver to consent to or refuse medical, dental, or psychological health care or
educational services for a child is superceded by any contravening decision of a parent or
a person having legal custody of the child, if the decision of the parent or legal custodian
does not jeopardize the life, health, safety, or welfare of the child.
new text end

new text begin Subd. 5. new text end

new text begin Notice of negation, reversal, or disapproval. new text end

new text begin A parent, guardian, or
custodian may negate, reverse, or disapprove a caregiver's action or decision only by
delivering written notice of negation, reversal, or disapproval to the caregiver and the
person responding to the caregiver's action or decision in reliance on the authorization
affidavit. The act to negate, reverse, or disapprove the action or decision, regardless of
whether it is effective, terminates the authorization affidavit.
new text end

new text begin Subd. 6. new text end

new text begin Termination of authority. new text end

new text begin An executed relative caregiver authorization
affidavit becomes invalid on the occurrence of one of the following:
new text end

new text begin (1) one year following the date the affidavit is notarized;
new text end

new text begin (2) the child ceases to reside with the relative;
new text end

new text begin (3) the parent, guardian, or custodian of the child who is the subject of the affidavit
acts, in accordance with this section, to negate, reverse, or otherwise disapprove an action
or decision of the relative who signed the affidavit with respect to the child;
new text end

new text begin (4) the affidavit is terminated by court order;
new text end

new text begin (5) the death of the child who is the subject of the affidavit; or
new text end

new text begin (6) the death of the relative who executed the affidavit.
new text end

new text begin Subd. 7. new text end

new text begin Notice of termination. new text end

new text begin When the relative caregiver authorization affidavit
terminates pursuant to any of the conditions in subdivision 6, the relative shall notify,
in writing, the school district in which the child attends school, the child's health care
providers, and any other person or entity that has such an ongoing relationship with the
child or relative that the person or entity would reasonably rely on the affidavit unless
notified of its termination. The relative shall make the notification not later than one
week after the date the affidavit terminates.
new text end

new text begin Subd. 8. new text end

new text begin Good faith reliance. new text end

new text begin (a) A person who acts in good faith reliance on
a properly executed relative caregiver's authorization affidavit and who has no actual
knowledge of facts contrary to those stated in the affidavit, is not subject to criminal
prosecution, civil liability, or professional disciplinary action for any action which would
have been proper if the facts had been as the person believed them to be. This subdivision
applies even if medical or educational services are rendered to a child in contravention of
the wishes of the parent or legal custodian of that child. However, the person rendering
the services must not have actual knowledge of the wishes of the parent or legal custodian.
new text end

new text begin (b) This subdivision does not provide immunity from civil liability, criminal
prosecution, or professional disciplinary action to any person for actions that are wanton,
reckless, or inconsistent with the ordinary standard of care required by anyone acting in
the same capacity as the person.
new text end

new text begin (c) A person who relies upon a relative caregiver's authorization affidavit is under no
duty to make further inquiry or investigation.
new text end

new text begin Subd. 9. new text end

new text begin Limits on consent authorization. new text end

new text begin (a) Nothing in this section grants
authority for HIV/AIDS testing, controlled substance testing, or any other testing for
which separate court order or informed consent as provided by law is required.
new text end

new text begin (b) Nothing in this section grants authority to the relative caregiver to consent to the
marriage or adoption of the child.
new text end

new text begin Subd. 10. new text end

new text begin Notarization; validity of copy. new text end

new text begin A relative caregiver consent authorization
affidavit is effective only if the caregiver relative signs it under oath before a notary
public. A clear photographic copy of the affidavit complete in compliance with this
section is sufficient in any instance in which an educational or health care provider
requires an original.
new text end

new text begin Subd. 11. new text end

new text begin Warning required. new text end

new text begin A relative caregiver consent authorization affidavit is
invalid unless it contains, in not less than ten-point boldface type, the following warning
statement: "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, imprisonment, or both."
new text end

new text begin Subd. 12. new text end

new text begin Form. new text end

new text begin A relative caregiver consent authorization affidavit must be in
substantially the following form.
new text end

new text begin Completion, signing, and notarization of this affidavit is sufficient to authorize the
relative signing to exercise care, physical custody, and control of the child who is its
subject, including authority to enroll the child in school, to discuss with the school district
the child's educational progress, to consent to all school-related matters regarding the
child, and to consent to medical, dental, or psychological treatment for the child.
new text end

new text begin CARETAKER AUTHORIZATION AFFIDAVIT
new text end

new text begin The child named below lives in my home and I am 18 years of age or older.
new text end new text begin new text end

new text begin 1.
new text end
new text begin Name of child:
new text end
new text begin 2.
new text end
new text begin Child's date and year of birth:
new text end
new text begin 3.
new text end
new text begin Child's Social Security number: (optional)
new text end
new text begin 4.
new text end
new text begin My name:
new text end
new text begin 5.
new text end
new text begin My home address:
new text end
new text begin 6.
new text end
new text begin ___ I am a qualified relative of the child (see below for a definition of "qualified
relative").
new text end
new text begin 7.
new text end
new text begin My date and year of birth:
new text end
new text begin 8.
new text end
new text begin My Minnesota driver's license number or identification card number:
new text end
new text begin 9.
new text end
new text begin To my knowledge, the mother, _________ (name) has custody of the child.
new text end new text begin To my knowledge, the father, ________ (name) has custody of the child.
new text end
new text begin 10.
new text end
new text begin Check the following if true (all must be checked for this affidavit to apply):
new text end
new text begin ____ the child is now residing with me on a full-time basis.
new text end
new text begin ____ I am unable to locate or contact the mother of the child at this time to notify
that parent of my intended authorization.
new text end
new text begin ____ I am unable to locate or contact the father of the child at this time to notify
that parent of my intended authorization.
new text end
new text begin ____ No adequate provision, such as appointment of a guardian ad litem or delegation
of power, has been made for the care of the child.
new text end

new text begin 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, imprisonment, or both.
new text end

new text begin I declare under penalty of perjury under the laws of the State of Minnesota that the
foregoing is true and correct.
new text end

new text begin Dated:
_
new text end
new text begin Signed:
_
new text end
new text begin _
new text end
new text begin (Signature and seal of notary public)
new text end

new text begin NOTICES:
new text end

new text begin 1. This declaration does not affect the rights of the minor's parents or legal guardian
regarding the care, custody, and control of the minor, and does not mean that the
caregiver has legal custody of the minor.
new text end

new text begin 2. This affidavit is executed when it is completed, signed by a relative, and notarized
by a Minnesota notary public.
new text end

new text begin 3. No person who acts in good faith reliance on a properly executed relative
caregiver's authorization affidavit, having no actual knowledge of facts contrary to
those stated in the affidavit, shall be subject to criminal prosecution or civil liability,
or to professional disciplinary action, for any action which would have been proper
if the facts had been as he/she believed them to be. This paragraph shall apply
even if medical or educational services are rendered to a child in contravention
of the wishes of the parent or legal custodian of that child. However, the person
rendering the services must not have actual knowledge of the wishes of the parent
or legal custodian.
new text end

new text begin 4. This does not provide immunity from civil liability or criminal prosecution, or to
professional disciplinary action to any person for actions that are wanton, reckless,
or inconsistent with the ordinary standard of care required by anyone acting in the
same capacity as the person.
new text end

new text begin 5. A person who relies upon a relative caregiver's authorization affidavit is under no
duty to make further inquiry or investigation.
new text end

new text begin 6. An executed relative caregiver authorization affidavit shall terminate on the
occurrence of whichever of the following comes first:
new text end

new text begin A. one year elapses following the date the affidavit is notarized;
new text end

new text begin B. the child ceased to reside with the relative;
new text end

new text begin C. the parent, guardian, or custodian of the child who is the subject of the affidavit
acts, in accordance with Minnesota Statutes, section ....., to negate, reverse, or
otherwise disapprove an action or decision of the relative who signed the affidavit
with respect to the child;
new text end

new text begin D. the affidavit is terminated by court order;
new text end

new text begin E. the death of the child who is the subject of the affidavit; or
new text end

new text begin F. the death of the relative who executed the affidavit.
new text end

new text begin 7. The decision of a relative caregiver to consent to or refuse medical, dental, or
psychological health care or educational services for a child shall be superceded by
any contravening decision of a parent or a person having legal custody of the child,
provided the decision of the legal custodian does not jeopardize the life, health,
safety, or welfare of the child. A parent, guardian, or custodian may negate, reverse,
or disapprove a caregiver's action or decision only by delivering written notice of
negation, reversal, or disapproval to the caregiver and the person responding to the
caregiver's action or decision in reliance on the authorization affidavit. The act to
negate, reverse, or disapprove the action or decision, regardless of whether it is
effective, terminates the authorization affidavit.
new text end

new text begin TO CAREGIVERS:
new text end

new text begin 1. "Qualified relative" means an adult related to the child by blood or marriage
including a grandfather, grandmother, step-grandparent, brother, sister, half-brother,
half-sister, stepbrother, stepsister, uncle, aunt, first cousin or first cousin once
removed, nephew, niece, person of preceding generation as denoted by prefixes of
"great," "great-great," or "great-great-great," or a spouse of any person named in the
above groups even after the marriage ends by death or divorce.
new text end

new text begin 2. When the relative caregiver authorization affidavit terminates pursuant to any of
the above conditions, the relative shall notify, in writing, the school district in which
the child attends school, the child's health care providers, and any other person or
entity that has an ongoing relationship with the child or relative such that the person
or entity would reasonably rely on the affidavit unless notified of its termination.
The relative shall make the notification not later than one week after the date the
affidavit terminates.
new text end

new text begin TO SCHOOL OFFICIALS:
new text end

new text begin 1. Subject to Minnesota Statutes, section 124D.03 (Enrollment Options Program),
this affidavit, properly completed and notarized, authorizes the child to attend school
in the district in which the relative who signed this affidavit resides and the relative
is authorized to provide consent in all school-related matters and to discuss with the
school district the child's educational progress.
new text end

new text begin 2. This affidavit does not preclude the parent, guardian, or custodian of the child
from having access to all school records pertinent to the child.
new text end

new text begin TO HEALTH CARE PROVIDERS:
new text end

new text begin 1. No person who acts in good faith reliance on a properly executed relative
caregiver's authorization affidavit, having no actual knowledge of facts contrary to
those stated in the affidavit, shall be subject to criminal prosecution or civil liability,
or to professional disciplinary action, for any action which would have been proper
if the facts had been as he/she believed them to be. This paragraph shall apply even
if medical services are rendered to a child in contravention of the wishes of the
parent or legal custodian of that child. However, the person rendering the services
must not have actual knowledge of the wishes of the parent or legal custodian.
new text end

new text begin 2. This does not provide immunity from civil liability or criminal prosecution, or to
professional disciplinary action to any person for actions that are wanton, reckless,
or inconsistent with the ordinary standard of care required by anyone acting the same
capacity as the person.
new text end

new text begin 3. A person who relies upon a relative caregiver's authorization affidavit is under no
duty to make further inquiry or investigation.
new text end

new text begin 4. This affidavit does not confer dependency for health care coverage purposes for
which the child was not already eligible.
new text end