Chapter 250
AN ACT
HB 2092
Relating to delegation of parental powers by parent in active military
service; amending ORS 109.056.
Be It Enacted by the People of
the State of
SECTION 1.
ORS 109.056 is amended to read:
109.056. (1) Except as
provided in subsection (2) or (3) of this section, a parent or [a] guardian of a minor or incapacitated
person, by a properly executed power of attorney, may delegate to another
person, for a period not exceeding six months, any of the powers of the parent
or guardian regarding care, custody or property of the minor child or ward,
except the power to consent to marriage or adoption of a minor ward.
(2) A parent or [a] guardian of a minor child may
delegate the powers designated in subsection (1) of this section to a school
administrator for a period not exceeding 12 months.
(3)(a) As used in
this subsection, “servicemember-parent” means a parent or guardian:
(A) Who is a member of
the organized militia of this state or a member of the Reserves of the Army,
Navy, Air Force, Marine Corps or Coast Guard of the United States; and
(B) Who is required to
enter and serve in the active military service of the
(b) A servicemember-parent [parent or guardian] of a minor child may
delegate the powers designated in subsection (1) of this section for a period
not exceeding the term of active duty service plus 30 days. [when the parent or guardian is a member of
the organized militia of this state or any other reserve component of the
United States Armed Forces who is required to enter and serve in the active
military service of the United States under a call or order by the President of
the United States or to serve on active state duty as defined in ORS 398.002.]
(c) Except as
provided in paragraph (d) of this subsection, if the minor child is living
with the child’s other parent, a delegation under paragraph (b) of
this subsection must be to the parent with whom the minor child is living
unless a court finds that [such a] the
delegation would not be in the best interests of the minor child.
(d) When the
servicemember-parent has joint custody of the minor child with the child’s
other parent or another individual, and the servicemember-parent is married to
an individual other than the child’s other parent, the servicemember-parent may
delegate the powers designated in subsection (1) of this section to the spouse
of the servicemember-parent for a period not exceeding the term of active duty
service plus 30 days, unless a court finds that the delegation would not be in
the best interests of the minor child.
Approved by the Governor June 1, 2007
Filed in the office of Secretary of State June 1, 2007
Effective date January 1, 2008
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