20-1-16. Kinship caregiver authorized to provide legal consent.

A kinship caregiver shall be authorized, on behalf of a child residing with the kinship caregiver, which child is not in the custody of the Division of Family and Children Services of the Department of Human Services, to give legal consent for such child to:#

1. (1)

   Receive any educational services;#

2. (2)

   Receive medical services directly related to academic enrollment; or#

3. (3)

   Participate in any curricular or extracurricular activities#

4. for which parental consent is usually required by executing the affidavit described in Code Section 20-1-18. The affidavit shall not be valid for more than one year after the date on which it is executed.

Upon transmitting to a school an executed affidavit described in Code Section 20-1-18, the kinship caregiver shall serve as the school’s point of contact for the child regarding truancy, discipline, and educational progress for as long as such affidavit shall continue to be in effect.#

The decision of a kinship caregiver to consent to or refuse educational services or medical services directly related to academic enrollment or any curricular or extracurricular activities for a child residing with the kinship caregiver shall be superseded by any contravening decision of a parent or a person having legal custody of the child, provided that the decision of the parent or legal custodian does not jeopardize the life, health, safety, or welfare of the child.#

Reasonable efforts shall be made by the kinship caregiver to locate at least one of the child’s parents prior to the notarization and submission of the affidavit set forth in Code Section 20-1-18.#

Nothing in this Code section shall apply to, or give authority for, an abortion as provided in Code Section 15-11-682 or any other provision of law.#