SF0013 • 2022

Temporary delegation of parental authority.

AN ACT relating to children; providing that a parent or guardian 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: Transportation
Last action: 2022-03-08
Official status: inactive
Effective date: 3/1/2022

Plain English Breakdown

The bill was marked as inactive and did not pass in the current session.

Allowing Parents to Temporarily Give Authority to Others

The bill allows parents or guardians to temporarily give their authority over a child's care and custody to another person for up to six months, with military members able to extend this period to two years.

What This Bill Does

Allows parents or guardians to give temporary authority to someone else for up to six months.
Military members can extend the delegation period to two years if needed.
Requires military parents to notify non-delegating parents within 30 days of using delegated authority.
Limits what a delegatee can do and ensures that non-delegating parents' rights are not affected.

Who It Names or Affects

Parents and guardians who want to temporarily give their child's care responsibilities to another person.
Non-military parents and military members with children.
People receiving delegated parental authority.

Terms To Know

delegatee: The person given temporary authority over a child by the parent or guardian.
power of attorney: A legal document that gives someone else the right to make decisions on behalf of another person for a specific period.

Limits and Unknowns

The bill does not specify what happens if both parents want to delegate authority.
It is unclear how this will be enforced or monitored.
This bill was marked as inactive and did not pass in the current session.

Amendments

These notes stay tied to the official amendment files and metadata from the legislature.

SF0013SS001

Standing Committee • Senate Transportation, Highways and Military Affai

Adopted

Plain English: The amendment adds a requirement for parents to notify the other parent before giving someone else temporary parental authority, with special rules if one parent is in the military.

Adds a new section (c) that requires a parent or guardian to inform the non-delegating parent before giving another person temporary parental authority.
If the delegating parent is in the military, the person receiving the temporary authority must tell the other parent within 30 days if they use any of their powers.
Updates existing sections (c), (d), and (e) to become (d), (e), and (f) respectively.

The amendment does not specify what happens if the non-delegating parent is notified but disagrees with the delegation of authority.

Bill History

2022-03-08 House
H:Died in Committee Returned Bill Pursuant to HR 5-4
2022-03-08 House
H No report prior to CoW Cutoff
2022-02-23 House
H Introduced and Referred to H01 - Judiciary
2022-02-22 House
H Received for Introduction
2022-02-22 Senate
S 3rd Reading:Passed 29-0-1-0-0
2022-02-21 Senate
S 2nd Reading:Passed
2022-02-18 Senate
S COW:Passed
2022-02-18 Senate
S Placed on General File
2022-02-18 Senate
S08 - Transportation:Recommend Amend and Do Pass 5-0-0-0-0
2022-02-14 Senate
S Introduced and Referred to S08 - Transportation 27-3-0-0-0
2022-01-19 Senate
S Received for Introduction
2022-01-05 LSO
Bill Number Assigned

Current Bill Text

Read the full stored bill text

22LSO-0035
2022
STATE OF WYOMING
22LSO-0035
ENGROSSED
3.0

SENATE FILE NO. SF0013

Temporary delegation of parental authority.

Sponsored by: Joint Transportation, Highways & Military Affairs Interim Committee

A BILL

for

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

Section 1
.

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

ARTICLE 4
TEMPORARY DELEGATION OF PARENTAL AUTHORITY

3
‑
2
‑
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 delivered to the
delegatee
and subject to subsection (c) of this section, may delegate to that delegatee, for a period not exceeding six (6) months, except as provided in subsection (b) of this section, any of the parent's or guardian's powers regarding care and custody of the minor, incompetent person or ward, except that no parent or guardian shall delegate the power to consent to marriage or adoption.

(b)

A member of any branch or service of the military who is a parent or guardian of a minor, incompetent person or ward may execute a power of attorney pursuant to this section for not more than two (2) years.

(c)

A delegating parent or guardian shall provide notice to any non
‑
delegating parent before executing a power of attorney pursuant to this section. In the event the delegating parent or guardian is a member of any branch or service of the military, then notice to a non
‑
delegating parent shall be provided by the
delegatee
within thirty
(30) days of exercising any delegated parental authority pursuant to this section.

(d)

A delegation of powers pursuant to this section shall not:

(i)

Diminish or limit the rights of
any non
‑
delegating parent or guardian
to direct the care
and custody
of the minor, incompetent person or ward
, if the non
‑
delegating parent's or guardian's rights have not otherwise been terminated or relinquished as provided by law. If parents share legal custody and only one (1) delegates rights, the delegation will only affect the delegating parent's own parental authority regarding care and custody of the child and the delegatee shall only make day
‑
to
‑
day decisions and shall not be able to make decisions that would impact major issues such as changing school, religious training, or non
‑
routine medical care. If a parent is present to make decisions for the child, a delegatee may not interfere;

(ii)

Affect any parental or legal authority otherwise limited by a court order;

(iii)

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

(e)

The execution of a power of attorney by a parent or guardian pursuant to this section shall not be evidence of abandonment, abuse or neglect as defined in W.S. 14
‑
3
‑
202.

(f)

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

14
‑
2
‑
207.

Temporary delegation of parental authority.

A parent may delegate that parent's own parental authority to another person as provided by W.S. 3
‑
2
‑
401.

Section 2
.

This act is effective July 1, 2022
.

(END)

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SF0013