SAFE FAMILIES LAWS
State comparisons
BASIC PROVISIONS
Safe Families
Model Legislation
Allows a parent/guardian of a
child to execute a power of
attorney (POA) that will let the
parent delegate care and
custody decisions about their
child to another person for a
period of up to one year.
Alaska
Substantially similar to
model legislation.
Alaska Statutes (AS)
13.26.023 (a) and (c)
Indiana
Similar, but allows
unlimited delegation for
"any period during
which the care and
custody of the
minor…is entrusted to
an institution furnishing
care, custody,
education, or training."
Indiana Code (IC) 293-9-1 (c)
Mississippi
Supporting and
Strengthening Families
Act
Same as model
legislation, but requires
the power of attorney to
be facilitated by either a
child welfare agency
that is licensed to place
children for adoption
that is operating under
the Safe Families for
Children model or
another charitable
organization that is
operating under the
model.
Mississippi Code (MC)
Section 93-31-3(1)(a)
and (d)
Oklahoma
Oregon
Same as model
legislation.
Delegation cannot
exceed six months.
Oklahoma Statutes,
Section 700, Title 10
Oregon Revised
Statutes (ORS),
Volume 3, Section
109.056
Wisconsin
Same as model, but
addresses allowing more than
one year with court approval.
Must get court approval to
delegate to a nonrelative for
more than one year. Extensive
direction on the court hearing
process. Provides for a
penalty of a fine not to exceed
$10,000 or imprisonment not
to exceed 9 months, or both,
against a parent who
delegates his or her powers
regarding the care and
custody of a child to a person
who is not a relative of the
child for longer than one year
without first obtaining the
approval of the court.
Need court approval to enter
into a power of attorney re a
child who is under court
jurisdiction.
Wisconsin Statutes, Children's
Code, Section 48.979 (and
48.685
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BASIC PROVISIONS
Safe Families
Model Legislation
Alaska
Indiana
Mississippi
Active members of the military
may make a delegation that
lasts more than a year, not to
exceed their term of active
duty plus 30 days.
The POA delegation may not
include the power to consent to
the marriage or adoption of the
child, consent to an abortion,
or termination of parental
rights.
Includes a one-sentence
proviso that the delegation
"shall not operate to change or
modify any parental or legal
rights, obligations, or authority
established by an existing
court order, or deprive the
parent…of any parental or
legal rights, obligations, or
authority regarding the
custody, visitation, or support
of the child."
Same as model
legislation.
Similar language for
parents in the military.
Same as model
legislation.
AS 13.26.023 (d)
IC 29-3-9-1 (i)
MC 93-31-3(7)
Same as model
legislation.
May
not
delegate
consent to marriage or
adoption of the minor
ward.
Same as model
legislation.
Allows the parent to revoke the
POA/delegation at any time.
Except for the active military
parents who may delegate for
longer, if the delegation lasts
longer than a year, the parent
Same as model.
AS 13.26.023 (a)(1)(3)
Same as model, but
less verbiage.
IC 29-3-9-1 (d)
No parallel language.
AS 13.26.023 (g)
AS 13.26.023 (b) and
(c)
Allows the parent to
revoke at any time in
writing.
Oklahoma
If both parents living
and have shared
custody, both parents
must execute the
power of attorney.
MC 93-31-3(1)(c)
Same as model.
MC 93-31-3(3)
IC 29-3-9-1 (j)
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Wisconsin
No parallel language.
Has several special
provisions re military
delegations.
No parallel language.
Same as model
legislation.
May not delegate
consent to marriage or
adoption of the minor
ward.
Same as model, but also adds
enlisting in the military.
Same as model, but less
verbiage.
No parallel language.
Same as model, but less
verbiage.
Same as model, except
no mention of active
military one way or the
other.
No parallel language.
Allows the parent to revoke at
any time in writing. No
mention of active military one
way or the other.
MC 93-31-3(1)(a)(i)-(iii)
Same as model, but
adds that the
delegation does not
affect a court's ability to
determine the best
interests of a child.
MC 93-31-3(1)(b)
Oregon
BASIC PROVISIONS
Safe Families
Model Legislation
must execute a new POA for
each additional year.
If the parent withdraws or
revokes the POA/delegation,
the child must be returned to
the parents as soon as
reasonably possible.
Allows the "attorney-in-fact"
(i.e., the person to whom the
parents delegated the
authority, also referred to as
the agent) to exercise the
authority on a continuous basis
without compensation for the
duration of the POA.
Exempts the attorney-infact/agent from "any statutes
dealing with the licensing or
regulation of foster care
homes," and provides that the
child or children subject to the
POA shall not be considered to
be children placed in foster
care or subject to any foster
care or related licensing
regulations.
Exempts the attorney-infact/agent from any
requirements of any other child
care facility licensing statutes
or foster care licensing
statutes, and will not constitute
Alaska
Same as model
legislation.
Indiana
No parallel language.
AS 13.26.023 (b)
Same as model
legislation.
Mississippi
Same as model
legislation.
Oklahoma
Oregon
Wisconsin
No parallel language.
No parallel language.
No parallel language.
Same as model
legislation.
No parallel language.
No parallel language.
Same as model
legislation.
No parallel language.
See requirements below
regarding background checks.
Similar to model
legislation.
Exempts a private
organization that
facilitates the provision
of respite services for
parents pursuant to a
properly executed POA
Requires an organization that
facilitates the delegations to
obtain the following checks on
each proposed caregiver or
non-client resident of the
caregiver: criminal history from
MC 93-31-3(3)
No parallel language.
AS 13.26.023 (e)
Same as model
legislation.
MC 93-31-3(4)
Similar to model
legislation
Similar to model
legislation.
Same as model
legislation.
AS 13.26.023 (i);
47.32.020 (c)
IC 29-3-9-1 (f) and (g)
MC 93-31-3 (6); 43-15111(e); 43-16-3
(relating to an
exemption from notice
requirements re "child
residential homes")
Exempts a nonprofit
organization that
operates to assist
parents in finding
temporary care for a
child from licensing
Similar language in IC
29-3-9-1 (f) and (g).
Same as model
legislation.
MC 93-31-7.
Also prohibits a
licensed foster home
from providing
Requires a full criminal
history and abuse and
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BASIC PROVISIONS
Safe Families
Model Legislation
an out of home child
placement under the child
welfare code.
Alaska
requirements under
the state's child care
and other facility
licensure statute.
AS 47.32.020 (c)
Indiana
overnight or
regular/continuous care
to a child subject to a
POA while at the same
time providing care to a
child placed in the
home by the child
welfare agency.
Exceptions allowed.
Mississippi
Oklahoma
neglect background
check for any nonfamily designee and
anyone age 15 or older
who will be in the
home.
from being defined as a
"child care agency."
Appears to exempt the
caregiver providing
respite under a POA
from certain
requirements that apply
to foster homes and
exempts them from the
definition of foster
home. Appears to
require a central
registry check for the
respite provider.
MC 93-31-3 (1)(d)
IC 29-3-9-1 (h)
Provides that the execution of
these kinds of POAs -- "except
as provided elsewhere in
statute" -- do not constitute
abandonment, abuse, or
neglect, unless the parent fails
to take custody of the child
back or fails to execute a new
POA after the one-year time
limit has elapsed.
Similar to model
legislation.
Similar to model
language.
AS 13.26.023 (h)
IC 31-33-8-15(b)
Same as model. Adds
that having the
delegation does not
prevent the child
welfare agency from
investigating
allegations of abuse,
abandonment,
desertion, neglect, or
other mistreatment of a
child.
MC 93-31-3(5)
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Oregon
Same as model
legislation.
ORS 418.205(2)(b)(B)
No parallel language.
Wisconsin
DOJ; central registry;
professional licensing status;
results of contested case.
No parallel language.
MODEL FORM - POWER OF ATTORNEY
Model legislation
Includes basic fill-in-the-blank
fields for the names of the POA
issuer, the agent, and the
child(ren).
Includes language delegating to
the Attorney-infact/delegate/agent all power and
authority regarding the care,
custody and property of each
minor child named, including but
not limited to the right to:
 Enroll the child in school,
 Get education and other
records regarding the child
 Attend school activities and
other functions
 Give or withhold any consent
or waiver re school activities,
medical and dental treatment,
and any other activity,
function or treatment re the
child.
 Excludes consent for
marriage or adoption,
abortion, or termination of
parental rights.
Alternatively, allows for the list of
powers delegated to be written in
by the POA issuer, seemingly in
order to allow a more
individualized list of covered
responsibilities. (However,
Alaska
Same as model
legislation.
AS 13.26.023 (f)
Same as model
legislation.
AS 13.26.023 (f)
Indiana
No sample form in
law.
No sample form in
law, but general
language that says a
delegation includes
"authority of the
parent/guardian
respecting the health
care, support,
custody, or property
of the minor…except
any authority
expressly excluded
in the written
instrument
delegating the
power."
Mississippi
Oklahoma
Oregon
Wisconsin
Same as model
legislation.
Same as model
legislation.
No sample form in
law.
Same as model legislation.
MC 93-31-5
Same as model
legislation.
Same as model
legislation.
No parallel language.
Same, almost word for word
from model legislation, and
adds military enlistment to
excluded activities. Also
expressly prohibits agent
from enlisting the child in the
military or placing them in
foster care, a shelter, an
inpatient facility, or others.
Same as model
legislation.
No parallel language.
Same as model legislation.
MC 93-31-5
IC 29-3-9-1 (e)
Same as model
legislation.
AS 13.26.023 (f)
No parallel language.
Same as model
legislation.
MC 93-31-5
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MODEL FORM - POWER OF ATTORNEY
Model legislation
Alaska
Indiana
Mississippi
Oklahoma
Oregon
Wisconsin
continues to exclude marriage,
adoption, abortion, and parental
rights termination.)
The form also includes a selection
for parents who are active
military, and other basic signature
and effective date fields.
Same as model
legislation.
Required to be notarized.
Same as model
legislation.
N/A - no form in law
AS 13.26.023 (f)
Same as model
legislation.
Same as model
legislation, but no
mention of military.
N/A - no form in law
Same as model legislation,
but no mention of military.
Yes
Not addressed.
Witnesses and notarization
appear to be optional.
MC 93-31-5
Not addressed.
AS 13.26.023 (f)
Same as model
legislation.
MC 93-31-5
MISCELLANEOUS PROVISIONS - (RANDOMLY SORTED)
Model
Alaska
Indiana
Requires a child welfare worker
to provide a child's parent or
guardian information about
community service programs
that provide respite care,
voluntary guardianship or other
support services for families in
crisis after any child protective
investigation that does not
result in the child welfare
Requires the child
welfare agency to
make reasonable
efforts to provide family
support services that
are designed to
prevent out-of-home
placement or to enable
the safe return of the
child to the family
home, when
Similar language. Allows
the child welfare agency to
provide the information if
"assessment" of
abuse/neglect is found to
be unsubstantiated.
IC 31-33-8-15 (a)
Mississippi
Same requirement on the
child welfare worker to
provide the info.
MC 43-21-353 (9)
CWA may not initiate an
investigation or
assessment solely based
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Oklahoma
Oregon
Appears to add
employees of these
organizations to the
list of professional
reporters.
Wisconsin
Allows the state child
welfare agency to adopt
rules to implement, and
includes list of what the
rules shall include -primarily training for the
organization and screening
of the proposed agents.
agency placing the child in out
of home placement.
appropriate, when the
child is in an out-ofhome placement.
Reasonable efforts
include, among others,
the duty to distribute to
the parent or guardian
information on
community-based
family support services,
and "the information
may include the use of
a power of attorney…to
select an individual to
care for the child
temporarily."
AS 47.10.086(a)(2)
Includes a note that any
conflicting statutes should be
amended with specific
exemptions for delegation of
rights to an attorney-in-fact.
on providing the family that
info.
IC 31-33-8-15 (b)
Allows the CWA to refer
the parents to those
services when they have
substantiated the
assessment.
IC 31-33-8-15 (c)
Referring the family does
not obligate the CWA in
any way. IC 31-33-8-15 (d)
CWA is not liable for any
action that comes out of
providing the info.
31-33-8-15 (e)
Prohibits executing a
power of attorney for the
sole purposes of enrolling
a child in a school to
participate in academic or
athletic programs provided
by that school or for any
other unlawful purpose,
except as may be allowed
under the Every Student
Succeeds Act.* 93-31-3(2)
Delegation does not
supersede a law
enforcement abuse/neglect
investigation, the child
welfare agency from doing
an investigation or taking
the child into
conservatorship, or the
court from exercising
jurisdiction.
*The Every Student
Succeeds Act allows
school stability for students
in foster care or who are
homeless.
Prepared by Texas Department of Family and Protective Services, Office of General Counsel, with information known as of November 23, 2016. It is not an exhaustive analysis and other
states may have similar legislation.
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Last updated November 23, 2016.
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