Temporary Caregiver Authorization Act

purpose of this act

This Act protects family autonomy by creating a simple, voluntary process for parents to privately designate a trusted adult to care for their child during temporary periods of need. It preserves full parental rights, prevents these arrangements from being treated as foster care or state custody, and shields families from state coercion or regulatory intrusion. The Act ensures children can receive day-to-day care, routine medical treatment, and school support from a temporary caregiver while prohibiting irreversible medical interventions, identity changes, or other significant decisions without explicit parental consent. 

Background

Parents routinely rely on grandparents, relatives, close friends, or trusted church members to care for their children for short-term periods, like during illness, military deployment, family emergencies, or temporary housing instability. According to the U.S. Census Bureau, approximately 7 million children live in households headed by grandparents or other relatives, which is the majority outside the formal foster care system. Such arrangements are usually informal, private, and parent-directed. However, existing law may not clearly recognize a parent’s ability to temporarily delegate routine caregiving without triggering formal guardianship, court involvement, or state supervision.

The absence of a clear legal process can create practical barriers for families. Schools, health care providers, insurers, and employers may require formal proof of authority before allowing an adult to enroll a child in school, consent to routine medical care, or access records. Without a recognized mechanism, family arrangements can break down, resulting in unnecessary court filings or even deterring families from seeking help at all. In many states, kinship caregivers operate within fragmented and inconsistent legal frameworks, with authority and requirements varying widely by state and by context, particularly with respect to education and health care decision-making.

States that have acted to clarify this authority have done so by creating narrow, voluntary caregiver authorizations that preserve parental rights while allowing temporary caregivers to meet children’s day-to-day needs. Several states, including Texas, recognize limited noncustodial authorizations that allow parents to delegate routine educational and medical decision-making without transferring custody or triggering foster care or court supervision. These models demonstrate that limited legal recognition can strengthen families without expanding government involvement.

The Problem

In the absence of clear statutory authority, informal caregiving arrangements can operate in legal gray areas. Even with a parent’s full knowledge and agreement, caregivers may lack recognized authority to act on their behalf for the children they are caring. This disconnect can lead to delayed medical care, school enrollment disruption, and avoidable administrative conflict. Families may even be told that court-ordered guardianship or child welfare involvement is the only way to authorize temporary care.

Even so, many parents reasonably fear that formalizing temporary care may expose them to scrutiny or allegations of abandonment or neglect. Research on voluntary, non-custodial care shows that families are more likely to seek help and to remain engaged with their children if they can do so without risking loss of parental rights or state custody. Programs such as Safe Families for Children, which operate on voluntary placement without government control, consistently report high rates of reunification and parent satisfaction. When the law fails to distinguish between voluntary family support and state intervention, it discourages the kind of early, preventive help that keeps families intact.

The Solution

The model policy (“Temporary Caregiver Authorization Act”) and sample authorization form establish a clear, limited, and parent-directed mechanism for temporary care. They allow a parent to voluntarily designate a trusted adult to provide day-to-day care and make routine decisions for a child for a defined period, while preserving full parental rights. The Act expressly states that such voluntary care arrangements do not constitute legal custody, guardianship, foster care, or any form of state supervision; and it provides reasonable limits on the authority of temporary caregivers for non-routine decisions. The authorization is revocable at any time by the parent and expires by operation of law after a short, defined duration.

The Act recognizes what parents already do in practice and removes unnecessary legal friction while maintaining parental rights and providing firm boundaries on government authority. The Act protects families from being coerced into formal systems when the informal support they choose is sufficient, and it allows schools, medical providers, and other institutions to mitigate liability by relying on standardized authorization.

This model policy builds on the analysis and recommendations set forth in AFPI’s Reclaiming Foster Care report.

Proposed Legislative Text

SECTION 1. SHORT TITLE.

This Act shall be known and may be cited as the Temporary Caregiver Authorization Act.

SECTION 2. LEGISLATIVE FINDINGS.

The Legislature finds that:

1. Parents possess the primary responsibility and natural authority to direct the care and upbringing of their children.
2. It is presumed to be in the best interest of children to remain in the care of their parents.
3. Families often rely on short-term caregiving support from trusted relatives, friends, and community members during periods of illness, work obligations, military service, or other temporary circumstances.
4. Existing law does not always provide a clear or accessible mechanism for parents to privately delegate caregiving authority without triggering state custody, formal guardianship, or regulatory involvement.
5. A simple, voluntary, and revocable authorization process strengthens family autonomy, enables parents to secure temporary care without unnecessary government intrusion, and allows state agencies to focus on cases involving actual danger to a child.
6. Protecting the right of parents to designate temporary caregivers—without creating court-supervised guardianship, foster care, or state oversight—promotes family integrity and child well-being.

SECTION 3. PURPOSE.

The purpose of this Act is to establish a private, voluntary, and parent-directed process that enables parents to temporarily authorize a trusted adult to care for their child while maintaining full parental rights and without creating state custody, formal guardianship, or any state supervisory authority.

SECTION 4. DEFINITIONS.

For purposes of this Act:

• (a) “Parent” means an individual with legal custody of the child.
• (b) “Child” means an unemancipated minor.
• (c) “Temporary caregiver” means an adult designated by a parent under this Act.
• (d) “Temporary caregiver authorization” means a written, signed, and notarized document executed pursuant to Section 5 of this Act.
• (e) “Routine medical care” means ordinary, non-invasive care commonly provided to children.
• (f) “Non-routine medical care” means care that is invasive, irreversible, experimental, or likely to cause significant long-term medical consequences.

SECTION 5. TEMPORARY CAREGIVER AUTHORIZATION.

• (a) Authority to Execute.

A parent may voluntarily execute a temporary caregiver authorization designating a temporary caregiver to care for the child. The authorization must be in writing, signed by the parent and the temporary caregiver, and notarized. A temporary caregiver authorization does not transfer legal custody.

• (b) Parental Rights Preserved.

A parent retains all parental rights while an authorization is in effect. A parent may revoke the authorization at any time by written notice or by resuming physical custody of the child. Execution, renewal, or termination of the authorization shall not constitute abandonment, neglect, endangerment, or grounds to terminate parental rights.

• (c) Duration.

A temporary caregiver authorization may remain in effect for not more than six months and may be renewed one time only for an additional period not to exceed six months, for a total maximum duration of twelve consecutive months. Any continuation beyond twelve months must proceed under existing state custody or guardianship law.

• (d) Form of Authorization

The temporary caregiver authorization shall be substantially in the form prescribed by [State Agency/Department], which shall develop and make publicly available, including by posting the form on its website, a standard authorization form consistent with this Act.

(A model form appears in the Appendix for reference.)

SECTION 6. AUTHORITY OF THE TEMPORARY CAREGIVER.

(a) Powers Granted.

Unless limited in the authorization, a temporary caregiver may:

1. provide day-to-day care and supervision of the child;
2. enroll the child in school or childcare and communicate with school personnel concerning educational matters;
3. obtain, access, and disclose the child’s school, medical, insurance, and other records as necessary to perform authorized duties, and execute any consent or authorization required by law to obtain such records;
4. consent to routine medical, dental, vision, and mental-health care;
5. authorize the child’s participation in age-appropriate extracurricular, civic, social, recreational, and athletic activities;
6. consent to the child’s application for a learner’s permit, driver’s license, or state identification card, and authorize the child’s lawful employment;
7. apply for child-only public benefits on behalf of the child; and
8. perform any other act necessary to provide for the child’s day-to-day health, education, and welfare, except as limited in subsection (b); and
9. authorize the child’s domestic travel within the United States.

(b) Prohibited Actions Without Express Written Parental Consent.

A temporary caregiver may not, unless expressly authorized in separate written parental consent and otherwise permitted by applicable law, do any of the following:

1. consent to abortion or emergency contraception;
2. consent to puberty blockers, cross-sex hormones, gender-transition surgeries, or any medical procedure intended to alter the child’s sex characteristics;
3. consent to non-routine or irreversible medical care;
4. authorize changes to the child’s legal name, sex, or identity markers in any record;
5. facilitate social transition, including the use of alternate names or pronouns in school, medical, or other institutional records;
6. apply for, renew, or facilitate the application for child’s passport or authorize the child’s international travel outside the United States; or
7. consent to marriage or enlistment in military service.

SECTION 7. EFFECT OF AUTHORIZATION; LIMITATIONS ON STATE INVOLVEMENT.

(a) No Custody Transfer.

A temporary caregiver authorization does not modify, transfer, diminish, or impair parental custody.

(b) No Foster-Care or State Placement.

A temporary caregiver authorization:

1. does not create foster care or a foster-care placement;
2. does not permit any state agency to require the temporary caregiver to be licensed, approved, registered, or supervised; and
3. does not authorize any state agency to investigate, monitor, or oversee the temporary caregiver solely because an authorization exists.

(c) Protection Against State Coercion or Conditioning of Benefits.

No state employee may:

1. suggest, encourage, request, or pressure a parent to execute, decline to execute, or revoke a temporary caregiver authorization;
2. condition any service, benefit, safety-plan requirement, or administrative outcome on the execution or revocation of such an authorization; or
3. use the existence, absence, execution, renewal, or revocation of an authorization as evidence of abandonment, neglect, risk, or parental unfitness.

SECTION 8. ENFORCEMENT.

(a) Return of Child.

A temporary caregiver shall immediately return the child to the parent upon revocation of the authorization, unless a court order provides otherwise.

(b) Criminal Penalty.

A temporary caregiver who knowingly refuses to return the child after revocation commits the offense of Interference with Return of a Child, punishable as provided by state law.

(c) Civil Remedies.

A parent may bring a civil action against a temporary caregiver who knowingly exceeds the authority granted under the authorization or refuses to return the child after revocation. Remedies may include actual damages, statutory damages, attorney’s fees, and injunctive relief.

SECTION 9. OPTIONAL BACKGROUND CHECKS.

A parent or prospective temporary caregiver may request a name-based criminal history and child-abuse registry check through the designated state office. The state may collect only the information necessary to conduct the check and may release results only to the requesting parent. The state may not create a registry, approval list, licensing system, or monitoring requirement, nor condition use of this Act on completion of a background check. The state office may publish annual aggregate totals of background-check requests without identifying information.

SECTION 10. STATUTORY CONSTRUCTION.

Nothing in this Act shall be construed to:

1. limit a parent’s ability to seek informal care from family or friends without a written authorization;
2. modify existing court-ordered custody or guardianship; or
3. authorize removal of a child from the home by the state.

This Act shall be liberally construed in favor of parental authority and family autonomy.

SECTION 11. SEVERABILITY.

If any provision of this Act or its application to any person or circumstance is held invalid, the remaining provisions shall not be affected and shall remain in full force and effect.

SECTION 12. EFFECTIVE DATE.

This Act takes effect on __________.

APPENDIX

MODEL TEMPORARY CAREGIVER AUTHORIZATION FORM

TEMPORARY CAREGIVER AUTHORIZATION

Pursuant to the [STATE] Temporary Caregiver Authorization Act

SECTION I: PARENT/LEGAL GUARDIAN INFORMATION

Parent/Legal Guardian Name:

Address:

City, State, ZIP:

Phone: _________________________ Email: ________________________

Relationship to Child: ☐ Mother ☐ Father ☐ Legal Guardian

SECTION II: CHILD INFORMATION

Child's Full Legal Name:

Date of Birth: _________________ Age: _______ Sex: ☐ M ☐ F

School Name/Grade:

Address (if different from parent):

Medical Information:

• Insurance Provider/Policy #:
• Primary Care Physician:
• Known Allergies/Medical Conditions:
• Current Medications:

SECTION III: TEMPORARY CAREGIVER INFORMATION

Caregiver's Full Name:

Address:

City, State, ZIP:

Phone: _________________________ Email: ________________________

Relationship to Child: ☐ Grandparent ☐ Aunt/Uncle ☐ Adult Sibling ☐ Family Friend

☐ Other:

SECTION IV: AUTHORIZATION PERIOD

This authorization becomes effective on: ____________________ (Start Date: MM/DD/YYYY)

This authorization expires on: _____________________________ (End Date: MM/DD/YYYY)

Is this a renewal? ☐ Yes ☐ No If yes, original authorization date:

Note: An authorization may be renewed one time for up to six additional months. Total duration may not exceed twelve consecutive months per authorization.

SECTION V: AUTHORITY GRANTED TO TEMPORARY CAREGIVER

INSTRUCTIONS: The temporary caregiver is authorized to perform ALL of the following actions UNLESS the parent crosses out any specific authority the parent wishes to withhold. Any item crossed out below may NOT be performed by the temporary caregiver without separate written parental consent.

Unless limited by the parent below, the temporary caregiver may:

1. provide day-to-day care and supervision of the child;
2. enroll the child in school or childcare and communicate with school personnel concerning educational matters;
3. obtain, access, and disclose the child's school, medical, insurance, and other records as necessary to perform authorized duties, and execute any consent or authorization required by law to obtain such records;
4. consent to routine medical, dental, vision, and mental-health care;
5. authorize the child's participation in age-appropriate extracurricular, civic, social, recreational, and athletic activities;
6. consent to the child's application for a learner's permit, driver's license, or state identification card, and authorize the child's lawful employment;
7. apply for child-only public benefits on behalf of the child;
8. authorize the child's domestic travel within the United States; and
9. perform any other act necessary to provide for the child's day-to-day health, education, and welfare, except as prohibited in Section VI below.

SECTION VI: PROHIBITED ACTIONS WITHOUT SEPARATE WRITTEN PARENTAL CONSENT

The temporary caregiver MAY NOT do any of the following without express written parental consent provided separately from this authorization and otherwise permitted by applicable law:

1. consent to abortion or emergency contraception;
2. consent to puberty blockers, cross-sex hormones, gender-transition surgeries, or any medical procedure intended to alter the child's sex characteristics;
3. consent to non-routine or irreversible medical care;
4. authorize changes to the child's legal name, sex, or identity markers in any record;
5. facilitate social transition, including the use of alternate names or pronouns in school, medical, or other institutional records;
6. apply for, renew, or facilitate the application for the child's passport or authorize the child's international travel outside the United States; or
7. consent to marriage or enlistment in military service.

SECTION VII: ADDITIONAL LIMITATIONS OR INSTRUCTIONS (Optional)

The parent may specify additional limitations, instructions, or conditions:

SECTION VIII: EMERGENCY CONTACTS (In Addition to Parent)

Emergency Contact #1: Name:

Relationship: ________________ Phone: __________________ Email:

Emergency Contact #2:

Name:

Relationship: ________________ Phone: __________________ Email:

SECTION IX: IMPORTANT LEGAL STATEMENTS

The parent and temporary caregiver acknowledge and agree:

1. Parental Rights Preserved: The parent retains all parental rights while this authorization is in effect. This authorization does not transfer legal custody.
2. Revocability: The parent may revoke this authorization at any time by:
3. Providing written notice to the temporary caregiver, OR
4. Resuming physical custody of the child
5. No Foster Care: This authorization does not create foster care, a foster care placement, or any state custody arrangement.
6. No State Supervision: This authorization does not authorize any state agency to investigate, monitor, license, approve, register, or supervise the temporary caregiver.
7. Not Evidence of Neglect: Execution, renewal, or termination of this authorization shall not constitute abandonment, neglect, endangerment, or grounds to terminate parental rights.
8. Caregiver's Duty to Return Child: The temporary caregiver shall immediately return the child to the parent upon revocation of this authorization, unless a court order provides otherwise. Knowing refusal to return the child may constitute a criminal offense.
9. Good Faith: Both parties represent that this authorization is executed in good faith for the purpose of providing temporary care for the child's welfare.

SECTION X: SIGNATURES

PARENT/LEGAL GUARDIAN:

I certify that I am the parent or legal guardian of the child named above, that I have legal custody of the child, and that I voluntarily execute this Temporary Caregiver Authorization. I understand that I retain all parental rights and may revoke this authorization at any time. I have crossed out any authority in Section V that I do not wish to grant.

__________________________________________________________ Date:

Signature of Parent/Legal Guardian

__________________________________________________________

Printed Name

TEMPORARY CAREGIVER:

I acknowledge that I have read and understand this authorization and the limitations on my authority. I agree to act in the best interest of the child, to comply with the terms of this authorization including any crossed-out provisions in Section V, and to immediately return the child to the parent upon revocation of this authorization. I understand that I may not perform any action prohibited in Section VI without separate written parental consent.

__________________________________________________________ Date:

Signature of Temporary Caregiver

__________________________________________________________

Printed Name

SECTION XI: NOTARIZATION

STATE OF _________________________

COUNTY OF _______________________

On this ______ day of _____________, 20__, before me personally appeared: (Parent/Legal Guardian), and ___________________________________ (Temporary Caregiver),

known to me (or satisfactorily proven) to be the persons whose names are subscribed to the within instrument, and acknowledged that they executed the same for the purposes therein contained.

IN WITNESS WHEREOF, I hereunto set my hand and official seal.

_______________________________________________

Signature of Notary Public

_______________________________________________

Printed Name of Notary Public

My Commission Expires: __________________________

[NOTARY SEAL]

SECTION XII: REVOCATION NOTICE (For Parent's Use)

NOTICE OF REVOCATION OF TEMPORARY CAREGIVER AUTHORIZATION

TO: ______________________________ (Name of Temporary Caregiver)

I, _______________________________ (Name of Parent/Legal Guardian), hereby revoke the Temporary Caregiver Authorization dated ____________, 20__, effective immediately.

You must return _________________________________ (Child's Name) to my custody immediately.

__________________________________________________________ Date:

Signature of Parent/Legal Guardian

Delivery Confirmation: This notice was delivered to the temporary caregiver on

by: ☐ Personal delivery ☐ Certified mail ☐ Email ☐ Text message ☐ Other:

INSTRUCTIONS FOR USE

For Parents:

1. Complete all sections of this form
2. In Section V, cross out any authority you do NOT want to grant
3. Note any additional limitations in Section VII
4. Sign in the presence of a notary public
5. Provide copies to:
   1. The temporary caregiver
   2. The child's school
   3. The child's healthcare providers
   4. Any other relevant parties
6. Keep the original in a safe place
7. Use Section XII if you need to revoke the authorization

For Temporary Caregivers:

1. Keep this authorization with you when caring for the child
2. Provide copies to schools, healthcare providers, and other entities as needed
3. Do NOT exercise any authority that has been crossed out in Section V
4. Do NOT perform any action listed in Section VI without separate written parental consent
5. Return the child immediately if the parent revokes the authorization

For Schools, Healthcare Providers, and Other Entities:

1. Accept this notarized authorization as proof of temporary caregiver authority
2. Honor any limitations shown by crossed-out items in Section V
3. Do not require state licensure, approval, or registration of temporary caregivers
4. Provide records and services as authorized in this document

This form is provided as a model pursuant to the [STATE] Temporary Caregiver Authorization Act. Consult an attorney if you have questions about your specific situation.

END OF FORM