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SF0128 • 2021

Temporary delegation of parental authority.

AN ACT relating to children; providing that parents and guardians may temporarily delegate parental authority to another person; specifying exceptions; specifying limitations; and providing for an effective date.

Children Parental Rights
Inactive

Wyoming marks this bill as inactive, which usually means it is no longer moving in the current session.

Sponsor
Senator Kinskey
Last action
2021-04-07
Official status
inactive
Effective date
3/1/2021

Plain English Breakdown

The official source material does not provide specific details on consequences for misuse of delegated parental authority.

Allowing Parents to Temporarily Give Authority to Others

This bill allows parents and guardians in Wyoming to temporarily give some of their responsibilities for a child's care, custody, or property to another person, with certain limits.

What This Bill Does

  • Parents and guardians can write a special letter (power of attorney) giving someone else the right to take care of their child’s needs for up to six months.
  • The parent or guardian can end this arrangement at any time by writing another letter to the person who was given authority.
  • This bill does not allow parents or guardians to give away the power to consent to a child's marriage or adoption.

Who It Names or Affects

  • Parents and guardians in Wyoming
  • People chosen by parents or guardians to take care of children temporarily

Terms To Know

Power of Attorney
A special letter that gives someone else the right to make decisions for you about your child's care, custody, or property.
Guardian
Someone who is legally responsible for taking care of a child when their parents cannot do so.

Limits and Unknowns

  • The bill does not specify what happens if the person given authority misuses it.
  • It only applies to Wyoming and may change in future sessions of the legislature.
  • Parents or guardians can't give away the power to consent to a child's marriage or adoption.

Bill History

  1. 2021-04-07 Senate

    S:Died in Committee Returned Bill Pursuant to SR 5-4

  2. 2021-03-19 Senate

    S No report prior to CoW Cutoff

  3. 2021-03-02 Senate

    S Introduced and Referred to S01 - Judiciary

  4. 2021-03-01 Senate

    S Received for Introduction

  5. 2021-03-01 LSO

    Bill Number Assigned

Current Bill Text

Read the full stored bill text
21LSO-0571
2021
STATE OF WYOMING
21LSO-0571
Numbered
2.0

SENATE FILE NO. SF0128

Temporary delegation of parental authority.

Sponsored by: Senator(s) Kinskey, Biteman and Boner and Representative(s) Jennings

A BILL

for

AN ACT relating to children; providing that parents and guardians may temporarily delegate parental authority to another person; specifying exceptions; specifying limitations; and providing for an effective date.

Be It Enacted by the Legislature of the State of Wyoming:

Section 1
.

W.S.
3
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2
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401 and
14
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2
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207 are created to read:

ARTICLE 4
TEMPORARY DELEGATION OF PARENTAL AUTHORITY

3
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2
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401.

Temporary delegation of parental authority.

(a)

A parent or a guardian of a minor, incompetent person or ward, by a properly executed power of attorney which shall be delivered to the assignee, may delegate to another person, for a period not exceeding six (6) months, any or all of the parent's or guardian's powers regarding care, custody or property of the minor, incompetent person or ward, except that no parent or guardian shall delegate the power to:

(i)

Consent to marriage; or

(ii)

Consent to adoption.

(b)

A parent or guardian executing a delegation of authority under subsection (a) of this section may withdraw or revoke that delegation at any time by giving written notice to the person to whom authority was delegated.

(c)

Nothing in this article shall:

(i)

Diminish or limit the rights of the parent or guardian to direct the care of the minor, incompetent person or ward;

(ii)

Affect or limit the power of any court so authorized to appoint a guardian, temporary guardian or conservator for a child, incompetent person or ward under this title.

14
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2
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207.

Temporary delegation of parental authority.

A parent may delegate their parental authority to another person as provided by W.S. 3
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2
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401.

Section 2
.

This act is effective July 1, 2021
.

(END)

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SF0128