Child Care Delegation - Empowering the Village

Jesus once took a child into his arms while he was teaching and said, "If anyone causes one of these little ones--those who believe in me--to stumble, it would be better for them if a large millstone were hung around their neck and they were thrown into the sea." The Bible, Mark 9:42 (NIV). Child care responsibility is such a weighty matter that most states dedicate whole administrative agency departments and massive budgets to help ensure the health and safety of the states' children. Sometimes, however, situations arise in which parents need to delegate child care responsibility temporarily.

Indiana updated its child care delegation law in 2016 and several other times over the past decade to help make child care delegations stable and effective. Indiana Code § 29-3-9-1 provides that a parent of a minor child may use a properly prepared power of attorney to delegate child care authority 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 12 months; any powers regarding health care, support, custody, or property of the minor or protected person.

The statute provides that a parent serving on active military duty may delegate child care responsibility for a period longer than 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 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.

The child care delegation statute provides that 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.

Parents and guardians of minor children should consider making child care delegation powers of attorney when:

* parents or guardians plan to travel far enough that it would be impossible or extremely difficult for the parents or guardians to respond to a child care crisis

* parents or guardians anticipate their own medical procedures that could make it be impossible or extremely difficult for the parents or guardians to respond to a child care crisis

* the child will be traveling far enough away from the parents or guardians in the care of family members or friends that it would be impossible or extremely difficult for the parents or guardians to respond to a child care crisis

There is no specific form required under Indiana law for child care delegation, but an experienced trust and estate lawyer should be able to prepare a customized power of attorney that satisfies the child care delegation statute. Although the law does not require it, a child care delegation power of attorney should include contact information for the parent and appointed child care provider, as well as information about the child's health insurance, allergies and other medical conditions, and regular medications.

Jeff R. Hawkins and Jennifer J. Hawkins are Trust & Estate Specialty Board Certified Indiana Trust & Estate Lawyers and Jeff is a Fellow of the American College of Trust and Estate Counsel. Both lawyers are admitted to practice law in Indiana, and Jeff Hawkins is admitted to practice law in Illinois. Jeff is also a registered civil mediator and was the 2014-15 President of the Indiana State Bar Association.