ICE Guidance on Delegation of Parental Authority

ICE provides a “delegation of parental authority packet” that contains the appropriate forms to use for delegating parental rights to another person through “child” or “custodial” power of attorney.

If you need to make a caregiving arrangement, giving temporary custody to another individual:
If you have a child living in the U.S. and you need to make another person a temporary guardian over your minor child, you can look in the Delegation of Parental Authority: U.S. 50 state statutes and forms guide for the right forms.

Follow these steps to make a caregiver arrangement:

1. In the guide, click the state for where your child resides currently and/or where the caregiver resides.
2. Make sure to review the instructions carefully. Each U.S. state has rules about how long such temporary guardianship forms last and how to withdraw the form. Some states may have multiple forms—one for school, medical decisions, and for temporary care.
3. Print 1-2 copies of the forms. You can also ask a law library coordinator for assistance.
4. Ask facility staff for notary assistance and sign form before a notary.
5. Make a copy of the form for your records.
6. Mail the original to the caregiver.

If you need assistance, ask a legal service provider or call the ABA Detention and Information Line by dialing 9116# via the free call platform or 1-800-843-5678.