Act No. 74

Public Acts of 2023

Approved by the Governor

July 11, 2023

Filed with the Secretary of State

July 12, 2023

EFFECTIVE DATE:  July 12, 2023

 

 

 

 

 

state of michigan

102nd Legislature

Regular session of 2023

Introduced by Senators Geiss, Bayer, McMorrow, Polehanki, Cherry, Santana, Irwin, Shink, Hertel, Klinefelt, Johnson, Huizenga and McCann

ENROLLED SENATE BILL No. 216

AN ACT to amend 2018 PA 434, entitled “An act to establish the safe families for children program; to prescribe the powers and duties of certain state departments and public and private agencies; to allow for temporary delegation of a parent’s or guardian’s powers regarding care, custody, or property of a minor child; and to prescribe procedures for providing host families for the temporary care of children,” by amending section 5 (MCL 722.1555).

The People of the State of Michigan enact:

Sec. 5. (1) By a properly executed power of attorney, a parent or guardian of a minor child may temporarily delegate to another person his or her powers regarding care, custody, or property of the minor child under this act. This temporary delegation of power may be for up to 180 days, except that if a parent or guardian is serving in the United States Armed Forces and is deployed to a foreign nation, a power of attorney may be effective until the thirty-first day after the end of the deployment. A person to whom the parent or guardian delegates these powers is required to have undergone the criminal history records check, home safety assessment and inspection, and training required under this act. A parent or guardian cannot delegate, under this act, his or her power to consent to adoption of the minor child, consent to an abortion or inducement of an abortion to be performed on or for the minor child, or to terminate parental rights to the minor child. A parent is not authorized to consent to the marriage of a child who is under the legal age of marriage.

(2) The parent or guardian executing a power of attorney may revoke or withdraw the power of attorney at any time.

This act is ordered to take immediate effect.

Secretary of the Senate

Clerk of the House of Representatives

Approved___________________________________________

____________________________________________________

Governor