(a)As used in this section, "department" means
the department of child services established by IC 31-25-1-1.
(b)As used in this section and except as otherwise provided in this
section, "foster care" has the meaning set forth in IC 31-9-2-46.7.
(c)Except as provided in subsections (d) and (h), by a properly
executed power of attorney, a parent of a minor or a guardian (other
than a temporary guardian) of a protected person may delegate to
another person for:
(1)any period during which the care and custody of the minor or
protected person is entrusted to an institution furnishing care,
custody, education, or training; or
(2)a period not exceeding twelve (12) months;
any powers regarding health care, support, custody, or property of the
minor or protected person. A delegation described
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(a) As used in this section, "department" means
the department of child services established by IC 31-25-1-1.
(b) As used in this section and except as otherwise provided in this
section, "foster care" has the meaning set forth in IC 31-9-2-46.7.
(c) Except as provided in subsections (d) and (h), by a properly
executed power of attorney, a parent of a minor or a guardian (other
than a temporary guardian) of a protected person may delegate to
another person for:
(1) any period during which the care and custody of the minor or
protected person is entrusted to an institution furnishing care,
custody, education, or training; or
(2) a period not exceeding twelve (12) months;
any powers regarding health care, support, custody, or property of the
minor or protected person. A delegation described in this subsection is
effective immediately unless otherwise stated in the power of attorney.
(d) A parent of a minor or a guardian of a protected person may not
delegate under subsection (c) the power to:
(1) consent to the marriage or adoption of a protected person who
is a minor; or
(2) petition the court to request the authority to petition for
dissolution of marriage, legal separation, or annulment of
marriage on behalf of a protected person as provided under
section 12.2 of this chapter.
(e) Subject to IC 30-5-5-16, a person having a power of attorney
executed under subsection (c) has and shall exercise, for the period
during which the power is effective, all other authority of the parent or
guardian respecting the health care, support, custody, or property of the
minor or protected person except any authority expressly excluded in
the written instrument delegating the power. The parent or guardian
remains responsible for any act or omission of the person having the
power of attorney with respect to the affairs, property, and person of the
minor or protected person as though the power of attorney had never
been executed.
(f) A delegation of powers executed under subsection (c) does not,
as a result of the execution of the power of attorney, subject any of the
parties to any laws, rules, or regulations concerning the licensing or
regulation of foster family homes, child placing agencies, or child
caring institutions under IC 31-27.
(g) Any child who is the subject of a power of attorney executed
under subsection (c) is not considered to be placed in foster care. The
parties to a power of attorney executed under subsection (c), including
a child, a protected person, a parent or guardian of a child or protected
person, or an attorney in fact, are not, as a result of the execution of the
power of attorney, subject to any foster care requirements or foster care
licensing regulations.
(h) A foster family home licensed under IC 31-27-4 may not provide
overnight or regular and continuous care and supervision to a child
who is the subject of a power of attorney executed under subsection (c)
while providing care to a child placed in the home by the department
or under a juvenile court order under a foster family home license.
Upon request, the department may grant an exception to this
subsection.
(i) A parent who:
(1) is a member in the:
(A) active or reserve component of the armed forces of the
United States, including the:
(i) United States Army;
(ii) United States Navy;
(iii) United States Air Force;
(iv) United States Space Force;
(v) United States Marine Corps;
(vi) Indiana National Guard; or
(vii) United States Coast Guard; or
(B) commissioned corps of the:
(i) National Oceanic and Atmospheric Administration; or
(ii) Public Health Service of the United States Department of
Health and Human Services;
detailed by proper authority for duty with the United States
Army or United States Navy; or
(2) is required to:
(A) enter or serve in the active military service of the United
States under a call or order of the President of the United
States; or
(B) serve on state active duty;
may delegate the powers designated in subsection (c) for a period
longer than twelve (12) months if the parent is on active duty service.
However, the term of delegation may not exceed the term of active duty
service plus thirty (30) days. The power of attorney must indicate that
the parent is required to enter or serve in the active military service of
the United States and include the estimated beginning and ending dates
of the active duty service.
(j) Except as otherwise stated in the power of attorney delegating
powers under this section, a delegation of powers under this section
may be revoked at any time by a written instrument of revocation that:
(1) identifies the power of attorney revoked; and
(2) is signed by the:
(A) parent of a minor; or
(B) guardian of a protected person;
who executed the power of attorney.