Bill Text: OH HB279 | 2011-2012 | 129th General Assembly | Introduced

Ohio House Bill 279 (Prior Session Legislation)

NOTE: There are more recent revisions of this legislation. Read Latest Draft

Bill Title: To require a public children services agency or private child placing agency that obtains temporary custody of a child to attempt to notify certain relatives of the child; to require a public children services agency to attempt to keep siblings together; to modify the putative father registry; to eliminate the automatic termination upon the expiration of one year of a power of attorney or caretaker authorization affidavit that gives care of a child to a grandparent; to allow a grandparent to seek custody of a child if the child's parent, guardian, or custodian seeks to terminate a power of attorney or caretaker authorization affidavit; to require a public children services agency to file a missing child report if a child in its custody is or may be missing; to authorize a public children services agency to provide care for a child in the home of a qualified nonrelative of the child; to require the Department of Job and Family Services to develop recommendations for the implementation of a subsidized relative guardianship program; to authorize the State Board of Education to issue one-year, renewable instructional assistant permits for qualified individuals to provide services to children under the Autism Scholarship Program; to make other changes in the administration of the Autism Scholarship Program; and to declare an emergency.

Spectrum: Bipartisan Bill

Status: (Passed) 2012-12-20 - Effective Date [HB279 Detail]

Download: Ohio-2011-HB279-Introduced.html

As Introduced

129th General Assembly

Regular Session

2011-2012

H. B. No. 279

Representatives Grossman, Driehaus

Cosponsors: Representatives Yuko, Combs, Boyd, Reece, Letson, Henne, Martin, Goyal, Burke

A BILL

To amend sections 2151.33, 3109.52, 3109.53, 3109.54,

3109.59, 3109.60, 3109.65, 3109.66, 3109.67,

3109.69, 3109.70, 3109.71, 3109.74, 3109.76,

3109.77, 3313.64, 3313.649, 3313.672, and 5101.802

and to enact sections 2151.411 and 3109.64 of the

Revised Code to expand the class of persons who

may execute a caretaker authorization affidavit or

be designated as attorney in fact under a power of

attorney for the purpose of exercising authority

over the care, custody, and control of a child and

to enhance Ohio's policies regarding kinship

caregivers.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section 1. That sections 2151.33, 3109.52, 3109.53, 3109.54,	13
3109.59, 3109.60, 3109.65, 3109.66, 3109.67, 3109.69, 3109.70,	14
3109.71, 3109.74, 3109.76, 3109.77, 3313.64, 3313.649, 3313.672,	15
and 5101.802 be amended and sections 2151.411 and 3109.64 of the	16
Revised Code be enacted to read as follows:	17

Sec. 2151.33. (A) Pending hearing of a complaint filed under	18
section 2151.27 of the Revised Code or a motion filed or made	19
under division (B) of this section and the service of citations,	20
the juvenile court may make any temporary disposition of any child	21
that it considers necessary to protect the best interest of the	22
child and that can be made pursuant to division (B) of this	23
section. Upon the certificate of one or more reputable practicing	24
physicians, the court may summarily provide for emergency medical	25
and surgical treatment that appears to be immediately necessary to	26
preserve the health and well-being of any child concerning whom a	27
complaint or an application for care has been filed, pending the	28
service of a citation upon the child's parents, guardian, or	29
custodian. The court may order the parents, guardian, or	30
custodian, if the court finds the parents, guardian, or custodian	31
able to do so, to reimburse the court for the expense involved in	32
providing the emergency medical or surgical treatment. Any person	33
who disobeys the order for reimbursement may be adjudged in	34
contempt of court and punished accordingly.	35

If the emergency medical or surgical treatment is furnished	36
to a child who is found at the hearing to be a nonresident of the	37
county in which the court is located and if the expense of the	38
medical or surgical treatment cannot be recovered from the	39
parents, legal guardian, or custodian of the child, the board of	40
county commissioners of the county in which the child has a legal	41
settlement shall reimburse the court for the reasonable cost of	42
the emergency medical or surgical treatment out of its general	43
fund.	44

(B)(1) After a complaint, petition, writ, or other document	45
initiating a case dealing with an alleged or adjudicated abused,	46
neglected, or dependent child is filed and upon the filing or	47
making of a motion pursuant to division (C) of this section, the	48
court, prior to the final disposition of the case, may issue any	49
of the following temporary orders to protect the best interest of	50
the child:	51

(a) An order granting temporary custody of the child to a	52
particular party;	53

(b) An order for the taking of the child into custody	54
pursuant to section 2151.31 of the Revised Code pending the	55
outcome of the adjudicatory and dispositional hearings;	56

(c) An order granting, limiting, or eliminating parenting	57
time or visitation rights with respect to the child;	58

(d) An order requiring a party to vacate a residence that	59
will be lawfully occupied by the child;	60

(e) An order requiring a party to attend an appropriate	61
counseling program that is reasonably available to that party;	62

(f) Any other order that restrains or otherwise controls the	63
conduct of any party which conduct would not be in the best	64
interest of the child.	65

(2) Prior to the final disposition of a case subject to	66
division (B)(1) of this section, the court shall do both of the	67
following:	68

(a) Issue an order pursuant to Chapters 3119. to 3125. of the	69
Revised Code requiring the parents, guardian, or person charged	70
with the child's support to pay support for the child.	71

(b) Issue an order requiring the parents, guardian, or person	72
charged with the child's support to continue to maintain any	73
health insurance coverage for the child that existed at the time	74
of the filing of the complaint, petition, writ, or other document,	75
or to obtain health insurance coverage in accordance with sections	76
3119.29 to 3119.56 of the Revised Code.	77

(C)(1) A court may issue an order pursuant to division (B) of	78
this section upon its own motion or if a party files a written	79
motion or makes an oral motion requesting the issuance of the	80
order and stating the reasons for it. Any notice sent by the court	81
as a result of a motion pursuant to this division shall contain a	82
notice that any party to a juvenile proceeding has the right to be	83
represented by counsel and to have appointed counsel if the person	84
is indigent.	85

(2) If a child is taken into custody pursuant to section	86
2151.31 of the Revised Code and placed in shelter care, the public	87
children services agency or private child placing agency with	88
which the child is placed in shelter care shall file or make a	89
motion as described in division (C)(1) of this section before the	90
end of the next day immediately after the date on which the child	91
was taken into custody and, at a minimum, shall request an order	92
for temporary custody under division (B)(1)(a) of this section.	93

(3) A court that issues an order pursuant to division	94
(B)(1)(b) of this section shall comply with section 2151.419 of	95
the Revised Code.	96

(D) The court may grant an ex parte order upon its own motion	97
or a motion filed or made pursuant to division (C) of this section	98
requesting such an order if it appears to the court that the best	99
interest and the welfare of the child require that the court issue	100
the order immediately. The court, if acting on its own motion, or	101
the person requesting the granting of an ex parte order, to the	102
extent possible, shall give notice of its intent or of the request	103
to the parents, guardian, or custodian of the child who is the	104
subject of the request. If the court issues an ex parte order, the	105
court shall hold a hearing to review the order within seventy-two	106
hours after it is issued or before the end of the next day after	107
the day on which it is issued, whichever occurs first. The court	108
shall give written notice of the hearing to all parties to the	109
action and shall appoint a guardian ad litem for the child prior	110
to the hearing.	111

The written notice shall be given by all means that are	112
reasonably likely to result in the party receiving actual notice	113
and shall include all of the following:	114

(1) The date, time, and location of the hearing;

115

(2) The issues to be addressed at the hearing;

116

(3) A statement that every party to the hearing has a right	117
to counsel and to court-appointed counsel, if the party is	118
indigent;	119

(4) The name, telephone number, and address of the person	120
requesting the order;	121

(5) A copy of the order, except when it is not possible to	122
obtain it because of the exigent circumstances in the case.	123

If the court does not grant an ex parte order pursuant to a	124
motion filed or made pursuant to division (C) of this section or	125
its own motion, the court shall hold a shelter care hearing on the	126
motion within ten days after the motion is filed. The court shall	127
give notice of the hearing to all affected parties in the same	128
manner as set forth in the Juvenile Rules.	129

(E) The court, pending the outcome of the adjudicatory and	130
dispositional hearings, shall not issue an order granting	131
temporary custody of a child to a public children services agency	132
or private child placing agency pursuant to this section, unless	133
the court determines and specifically states in the order that the	134
continued residence of the child in the child's current home will	135
be contrary to the child's best interest and welfare and the court	136
complies with section 2151.419 of the Revised Code.	137

(F) Each public children services agency and private child	138
placing agency that receives temporary custody of a child pursuant	139
to this section shall exercise due diligence to identify and	140
provide notice to all adult grandparents and other adult relatives	141
of the child, including any adult relatives suggested by the	142
parents, within thirty days of the child's removal from the	143
custody of the child's parents, in accordance with 42 U.S.C.	144
671(a)(29). The agency shall also maintain in the child's case	145
record written documentation that it has placed the child, to the	146
extent that it is consistent with the best interest, welfare, and	147
special needs of the child, in the most family-like setting	148
available and in close proximity to the home of the parents,	149
custodian, or guardian of the child.	150

(G) For good cause shown, any court order that is issued	151
pursuant to this section may be reviewed by the court at any time	152
upon motion of any party to the action or upon the motion of the	153
court.	154

Sec. 2151.411. Whenever a child comes into the custody of a	155
public children services agency, either as part of a sibling group	156
or subsequent to the previous placement of a sibling, the agency	157
is strongly encouraged to make reasonable efforts to place the	158
siblings together, unless it would be contrary to the siblings'	159
best interest or well-being. If siblings are not placed together,	160
the agency should make reasonable efforts to ensure the siblings	161
maintain frequent connections through visitation or other ongoing	162
interaction, unless contrary to the siblings' placement or	163
well-being.	164

Sec. 3109.52. The parent, guardian, or custodian of a child	165
may create a power of attorney that grants to a ~~grandparent of the~~	166
~~child~~person with whom the child is residing any of the parent's,	167
guardian's, or custodian's rights and responsibilities regarding	168
the care, physical custody, and control of the child, including	169
the ability to enroll the child in school, to obtain from the	170
school district educational and behavioral information about the	171
child, to consent to all school-related matters regarding the	172
child, and to consent to medical, psychological, or dental	173
treatment for the child. The power of attorney may not grant	174
authority to consent to the marriage or adoption of the child. The	175
power of attorney does not affect the rights of the parent,	176
guardian, or custodian of the child in any future proceeding	177
concerning custody of the child or the allocation of parental	178
rights and responsibilities for the care of the child and does not	179
grant legal custody to the attorney in fact.	180

Sec. 3109.53. To create a power of attorney under section	181
3109.52 of the Revised Code, a parent, guardian, or custodian	182
shall use a form that is identical in form and content to the	183
following:	184

POWER OF ATTORNEY	185

I, the undersigned, residing at ..........., in the county of	186
.........., state of .........., hereby appoint ~~the child's~~	187
~~grandparent,~~ .........., residing at .........., in the county of	188
..........., in the state of Ohio, with whom the child of whom I	189
am the parent, guardian, or custodian is residing, my attorney in	190
fact to exercise any and all of my rights and responsibilities	191
regarding the care, physical custody, and control of the child,	192
.........., born .........., having social security number	193
(optional) .........., except my authority to consent to marriage	194
or adoption of the child .........., and to perform all acts	195
necessary in the execution of the rights and responsibilities	196
hereby granted, as fully as I might do if personally present. The	197
rights I am transferring under this power of attorney include the	198
ability to enroll the child in school, to obtain from the school	199
district educational and behavioral information about the child,	200
to consent to all school-related matters regarding the child, and	201
to consent to medical, psychological, or dental treatment for the	202
child. This transfer does not affect my rights in any future	203
proceedings concerning the custody of the child or the allocation	204
of the parental rights and responsibilities for the care of the	205
child and does not give the attorney in fact legal custody of the	206
child. This transfer does not terminate my right to have regular	207
contact with the child.	208

I hereby certify that I am transferring the rights and	209
responsibilities designated in this power of attorney because one	210
of the following circumstances exists:	211

(1) I am: (a) Seriously ill, incarcerated, or about to be	212
incarcerated, (b) Temporarily unable to provide financial support	213
or parental guidance to the child, (c) Temporarily unable to	214
provide adequate care and supervision of the child because of my	215
physical or mental condition, (d) Homeless or without a residence	216
because the current residence is destroyed or otherwise	217
uninhabitable, or (e) In or about to enter a residential treatment	218
program for substance abuse;	219

(2) I am a parent of the child, the child's other parent is	220
deceased, and I have authority to execute the power of attorney;	221
or	222

(3) I have a well-founded belief that the power of attorney	223
is in the child's best interest.	224

I hereby certify that I am not transferring my rights and	225
responsibilities regarding the child for the purpose of enrolling	226
the child in a school or school district so that the child may	227
participate in the academic or interscholastic athletic programs	228
provided by that school or district.	229

I understand that this document does not authorize a child	230
support enforcement agency to redirect child support payments to	231
the ~~grandparent~~person designated as attorney in fact. I further	232
understand that to have an existing child support order modified	233
or a new child support order issued administrative or judicial	234
proceedings must be initiated.	235

If there is a court order naming me the residential parent	236
and legal custodian of the child who is the subject of this power	237
of attorney and I am the sole parent signing this document, I	238
hereby certify that one of the following is the case:	239

(1) I have made reasonable efforts to locate and provide	240
notice of the creation of this power of attorney to the other	241
parent and have been unable to locate that parent;	242

(2) The other parent is prohibited from receiving a notice of	243
relocation; or	244

(3) The parental rights of the other parent have been	245
terminated by order of a juvenile court.	246

This POWER OF ATTORNEY is valid until the occurrence of	247
whichever of the following events occurs first: (1) one year	248
elapses following the date this POWER OF ATTORNEY is notarized;	249
(2) I revoke this POWER OF ATTORNEY in writing; (3) the child	250
ceases to reside with the ~~grandparent~~person designated as	251
attorney in fact; (4) this POWER OF ATTORNEY is terminated by	252
court order; (5) the death of the child who is the subject of the	253
power of attorney; or (6) the death of the ~~grandparent~~person	254
designated as the attorney in fact.	255

WARNING: DO NOT EXECUTE THIS POWER OF ATTORNEY IF ANY	256
STATEMENT MADE IN THIS INSTRUMENT IS UNTRUE. FALSIFICATION IS A	257
CRIME UNDER SECTION 2921.13 OF THE REVISED CODE, PUNISHABLE BY THE	258
SANCTIONS UNDER CHAPTER 2929. OF THE REVISED CODE, INCLUDING A	259
TERM OF IMPRISONMENT OF UP TO 6 MONTHS, A FINE OF UP TO $1,000, OR	260
BOTH.	261

Witness my hand this ...... day of ........., .....

262

	.....................................		263
	Parent/Custodian/Guardian's signature		264
	...................................		265
	Parent's signature		266
	.....................................		267
	~~Grandparent~~ Person designated as attorney in fact		268

State of Ohio )	269

) ss:	270

County of ................)	271

Subscribed, sworn to, and acknowledged before me this ...... day	272
of ........., .............	273

	.....................................		274
	Notary Public		275

Notices:	276

1.	A power of attorney may be executed only if one of the following circumstances exists: (1) The parent, guardian, or custodian of the child is: (a) Seriously ill, incarcerated, or about to be incarcerated; (b) Temporarily unable to provide financial support or parental guidance to the child; (c) Temporarily unable to provide adequate care and supervision of the child because of the parent's, guardian's, or custodian's physical or mental condition; (d) Homeless or without a residence because the current residence is destroyed or otherwise uninhabitable; or (e) In or about to enter a residential treatment program for substance abuse; (2) One of the child's parents is deceased and the other parent, with authority to do so, seeks to execute a power of attorney; or (3) The parent, guardian, or custodian has a well-founded belief that the power of attorney is in the child's best interest.	277
2.	The signatures of the parent, guardian, or custodian of the child and the ~~grandparent~~ person designated as the attorney in fact must be notarized by an Ohio notary public.	278
3.	A parent, guardian, or custodian who creates a power of attorney must notify the parent of the child who is not the residential parent and legal custodian of the child unless one of the following circumstances applies: (a) the parent is prohibited from receiving a notice of relocation in accordance with section 3109.051 of the Revised Code of the creation of the power of attorney; (b) the parent's parental rights have been terminated by order of a juvenile court pursuant to Chapter 2151. of the Revised Code; (c) the parent cannot be located with reasonable efforts; (d) both parents are executing the power of attorney. The notice must be sent by certified mail not later than five days after the power of attorney is created and must state the name and address of the person designated as the attorney in fact.	279
4.	A parent, guardian, or custodian who creates a power of attorney must file it with the juvenile court of the county in which the attorney in fact resides, or any other court that has jurisdiction over the child under a previously filed motion or proceeding. The power of attorney must be filed not later than five days after the date it is created and be accompanied by a receipt showing that the notice of creation of the power of attorney was sent to the parent who is not the residential parent and legal custodian by certified mail.	280
5.	A parent, guardian, or custodian who creates a second or subsequent power of attorney regarding a child who is the subject of a prior power of attorney must file the power of attorney with the juvenile court of the county in which the attorney in fact resides or any other court that has jurisdiction over the child under a previously filed motion or proceeding. On filing, the court will schedule a hearing to determine whether the power of attorney is in the child's best interest.	281
6.	This power of attorney does not affect the rights of the child's parents, guardian, or custodian regarding any future proceedings concerning the custody of the child or the allocation of the parental rights and responsibilities for the care of the child and does not give the attorney in fact legal custody of the child.	282
7.	A person or entity that relies on this power of attorney, in good faith, has no obligation to make any further inquiry or investigation.	283
8.	This power of attorney terminates on the occurrence of whichever of the following occurs first: (1) one year elapses following the date the power of attorney is notarized; (2) the power of attorney is revoked in writing by the person who created it; (3) the child ceases to live with the ~~grandparent~~ person who is the attorney in fact; (4) the power of attorney is terminated by court order; (5) the death of the child who is the subject of the power of attorney; or (6) the death of the ~~grandparent~~ person designated as the attorney in fact.	284
	If this power of attorney terminates other than by the death of the attorney in fact, the ~~grandparent~~ person who served as the attorney in fact shall notify, in writing, all of the following:	285
	(a) Any schools, health care providers, or health insurance coverage provider with which the child has been involved through the ~~grandparent~~ person who served as the attorney in fact;	286
	(b) Any other person or entity that has an ongoing relationship with the child or ~~grandparent~~ person who served as the attorney in fact such that the other person or entity would reasonably rely on the power of attorney unless notified of the termination;	287
	(c) The court in which the power of attorney was filed after its creation; and	288
	(d) The parent who is not the residential parent and legal custodian of the child who is required to be given notice of its creation. The ~~grandparent~~ person who served as the attorney in fact shall make the notifications not later than one week after the date the power of attorney terminates.	289
9.	If this power of attorney is terminated by written revocation of the person who created it, or the revocation is regarding a second or subsequent power of attorney, a copy of the revocation must be filed with the court with which that power of attorney was filed.	290

Additional information:	291

To the ~~grandparent~~ person designated as attorney in fact:	292

293

1.	If the child stops living with you, you are required to notify, in writing, any school, health care provider, or health care insurance provider to which you have given this power of attorney. You are also required to notify, in writing, any other person or entity that has an ongoing relationship with you or the child such that the person or entity would reasonably rely on the power of attorney unless notified. The notification must be made not later than one week after the child stops living with you.	294
2.	You must include with the power of attorney the following information:	295
	(a) The child's present address, the addresses of the places where the child has lived within the last five years, and the name and present address of each person with whom the child has lived during that period;	296
	(b) Whether you have participated as a party, a witness, or in any other capacity in any other litigation, in this state or any other state, that concerned the allocation, between the parents of the same child, of parental rights and responsibilities for the care of the child and the designation of the residential parent and legal custodian of the child or that otherwise concerned the custody of the same child;	297
	(c) Whether you have information of any parenting proceeding concerning the child pending in a court of this or any other state;	298
	(d) Whether you know of any person who has physical custody of the child or claims to be a parent of the child who is designated the residential parent and legal custodian of the child or to have parenting time rights with respect to the child or to be a person other than a parent of the child who has custody or visitation rights with respect to the child;	299
	(e) Whether you previously have been convicted of or pleaded guilty to any criminal offense involving any act that resulted in a ~~child~~ child's being an abused child or a neglected child or previously have been determined, in a case in which a child has been adjudicated an abused child or a neglected child, to be the perpetrator of the abusive or neglectful act that was the basis of the adjudication.	300

To school officials:	301

1.	Except as provided in section 3313.649 of the Revised Code, this power of attorney, properly completed and notarized, authorizes the child in question to attend school in the district in which the ~~grandparent~~ person designated as attorney in fact resides and that ~~grandparent~~ person is authorized to provide consent in all school-related matters and to obtain from the school district educational and behavioral information about the child. This power of attorney does not preclude the parent, guardian, or custodian of the child from having access to all school records pertinent to the child.	302
2.	The school district may require additional reasonable evidence that the ~~grandparent~~ person designated as the attorney in fact lives in the school district.	303
3.	A school district or school official that reasonably and in good faith relies on this power of attorney has no obligation to make any further inquiry or investigation.	304

To health care providers:	305

1.		A person or entity that acts in good faith reliance on a power of attorney to provide medical, psychological, or dental treatment, without actual knowledge of facts contrary to those stated in the power of attorney, is not subject to criminal liability or to civil liability to any person or entity, and is not subject to professional disciplinary action, solely for such reliance if the power of attorney is completed and the signatures of the parent, guardian, or custodian of the child and the ~~grandparent~~ person designated as attorney in fact are notarized.		306
2.		The decision of a ~~grandparent~~ person designated as attorney in fact, based on a power of attorney, shall be honored by a health care facility or practitioner, school district, or school official.		307

Sec. 3109.54. A power of attorney created pursuant to	308
section 3109.52 of the Revised Code must be signed by the parent,	309
guardian, or custodian granting it and by the ~~grandparent~~person	310
designated as the attorney in fact. For the power of attorney to	311
be effective, the signatures must be notarized. The child's social	312
security number need not appear on the power of attorney for the	313
power of attorney to be effective.	314

Sec. 3109.59. (A) A power of attorney created under section	315
3109.52 of the Revised Code terminates on the occurrence of	316
whichever of the following events occurs first:	317

(1) One year elapses following the date the power of attorney	318
is notarized.	319

(2) The power of attorney is revoked in writing by the person	320
who created it.	321

(3) The child ceases to reside with the ~~grandparent~~person	322
designated as the attorney in fact.	323

(4) The power of attorney is terminated by court order.

324

(5) The death of the child who is the subject of the power of	325
attorney.	326

(6) The death of the ~~grandparent~~person designated as the	327
attorney in fact.	328

(B) Not later than five days after a power of attorney is	329
terminated pursuant to division (A)(2) of this section, a copy of	330
the revocation of an initial power of attorney or a second or	331
subsequent power of attorney must be filed with the court with	332
which the power of attorney is filed pursuant to section 3109.76	333
of the Revised Code.	334

Sec. 3109.60. When a power of attorney created pursuant to	335
section 3109.52 of the Revised Code terminates pursuant to	336
division (A)(1), (A)(2), (A)(3), (A)(4), or (A)(5) of section	337
3109.59 of the Revised Code, the ~~grandparent~~person designated as	338
the attorney in fact shall notify, in writing, all of the	339
following:	340

(A) The school district in which the child attends school;

341

(B) The child's health care providers;

342

343

(D) The court in which the power of attorney was filed under	344
section 3109.74 of the Revised Code;	345

(E) The parent who is not the residential parent and legal	346
custodian and who is required to be given notice under section	347
3109.55 of the Revised Code;	348

(F) Any other person or entity that has an ongoing	349
relationship with the child or ~~grandparent~~person designated as	350
the attorney in fact such that the person or entity would	351
reasonably rely on the power of attorney unless notified of the	352
termination.	353

The ~~grandparent~~person designated as the attorney in fact	354
shall make the notifications not later than one week after the	355
date the power of attorney terminates.	356

Sec. 3109.64. As used in sections 3109.65 to 3109.80 of the	357
Revised Code, "qualified relative" means any person eighteen years	358
of age or older who is related to a child by blood, marriage, or	359
marriage that has been legally terminated.	360

"Qualified relative" does not include the following persons:

361

(A) A parent of the child who has committed an act resulting	362
in the child's having been adjudicated an abused or neglected	363
child;	364

(B) The residential parent and legal custodian of the child,	365
in cases in which the parents of the child are divorced or their	366
marriage has been dissolved or annulled;	367

368

(D) The child's custodian.

369

Sec. 3109.65. (A) Except as provided in division (B) of this	370
section, if a child is living with a ~~grandparent~~qualified	371
relative who has made reasonable attempts to locate and contact	372
both of the child's parents, or the child's guardian or custodian,	373
but has been unable to do so, the ~~grandparent~~qualified relative	374
may obtain authority to exercise care, physical custody, and	375
control of the child including authority to enroll the child in	376
school, to discuss with the school district the child's	377
educational progress, to consent to all school-related matters	378
regarding the child, and to consent to medical, psychological, or	379
dental treatment for the child by executing a caretaker	380
authorization affidavit in accordance with section 3109.67 of the	381
Revised Code.	382

(B) The ~~grandparent~~qualified relative may execute a	383
caretaker authorization affidavit without attempting to locate the	384
following parent:	385

(1) If paternity has not been established with regard to the	386
child, the child's father.	387

(2) If the child is the subject of a custody order, the	388
following parent:	389

(a) A parent who is prohibited from receiving a notice of	390
relocation in accordance with section 3109.051 of the Revised	391
Code;	392

(b) A parent whose parental rights have been terminated by	393
order of a juvenile court pursuant to Chapter 2151. of the Revised	394
Code.	395

Sec. 3109.66. The caretaker authorization affidavit that a	396
~~grandparent~~qualified relative described in section 3109.65 of the	397
Revised Code may execute shall be identical in form and content to	398
the following:	399

CARETAKER AUTHORIZATION AFFIDAVIT	400

Use of this affidavit is authorized by sections 3109.65 to 3109.73	401
of the Ohio Revised Code.	402

Completion of items 1-7 and the signing and notarization of this	403
affidavit is sufficient to authorize the ~~grandparent~~ person	404
signing to exercise care, physical custody, and control of the	405
child who is its subject, including authority to enroll the child	406
in school, to discuss with the school district the child's	407
educational progress, to consent to all school-related matters	408
regarding the child, and to consent to medical, psychological, or	409
dental treatment for the child.	410

The child named below lives in my home, I am 18 years of age or	411
older, and I am ~~the child's grandparent~~ a qualified relative (see	412
definition below).	413

1.	Name of child:	414
2.	Child's date and year of birth:	415
3.	Child's social security number (optional):	416
4.	My name:	417
5.	My home address:	418
6.	My date and year of birth:	419
7.	My Ohio driver's license number or identification card number:	420
8.	Despite having made reasonable attempts, I am either:	421
	(a) Unable to locate or contact the child's parents, or the child's guardian or custodian; or	422
	(b) I am unable to locate or contact one of the child's parents and I am not required to contact the other parent because paternity has not been established; or	423
	(c) I am unable to locate or contact one of the child's parents and I am not required to contact the other parent because there is a custody order regarding the child and one of the following is the case:	424
	(i) The parent has been prohibited from receiving notice of a relocation; or	425
	(ii) The parental rights of the parent have been terminated.	426
9.	I hereby certify that this affidavit is not being executed for the purpose of enrolling the child in a school or school district so that the child may participate in the academic or interscholastic athletic programs provided by that school or district.	427
	I understand that this document does not authorize a child support enforcement agency to redirect child support payments. I further understand that to have an existing child support order modified or a new child support order issued administrative or judicial proceedings must be initiated.	428

WARNING: DO NOT SIGN THIS FORM IF ANY OF THE ABOVE STATEMENTS ARE	429
INCORRECT. FALSIFICATION IS A CRIME UNDER SECTION 2921.13 OF THE	430
REVISED CODE, PUNISHABLE BY THE SANCTIONS UNDER CHAPTER 2929. OF	431
THE REVISED CODE, INCLUDING A TERM OF IMPRISONMENT OF UP TO 6	432
MONTHS, A FINE OF UP TO $1,000, OR BOTH.	433

I declare that the foregoing is true and correct:	434

Signed:.......................... Date:......................	435

~~Grandparent~~ Qualified relative	436

State of Ohio )	437

) ss:	438

County of ................)	439

Subscribed, sworn to, and acknowledged before me this ...... day	440
of ........., .............	441

	.....................................		442
	Notary Public		443

Notices:	444

1.	The ~~grandparent's~~ qualified relative's signature must be notarized by an Ohio notary public.	445
2.	The ~~grandparent~~ qualified relative who executed this affidavit must file it with the juvenile court of the county in which the ~~grandparent~~ qualified relative resides or any other court that has jurisdiction over the child under a previously filed motion or proceeding not later than five days after the date it is executed.	446
3.	A ~~grandparent~~ qualified relative who executes a second or subsequent caretaker authorization affidavit regarding a child who is the subject of a prior caretaker authorization affidavit must file the affidavit with the juvenile court of the county in which the ~~grandparent~~ qualified relative resides or any other court that has jurisdiction over the child under a previously filed motion or proceeding. On filing, the court will schedule a hearing to determine whether the caretaker authorization affidavit is in the child's best interest.	447
4.	This affidavit does not affect the rights of the child's parents, guardian, or custodian regarding the care, physical custody, and control of the child, and does not give the ~~grandparent~~ qualified relative legal custody of the child.	448
5.	A person or entity that relies on this affidavit, in good faith, has no obligation to make any further inquiry or investigation.	449
6.	This affidavit terminates on the occurrence of whichever of the following occurs first: (1) one year elapses following the date the affidavit is notarized; (2) the child ceases to live with the ~~grandparent~~ qualified relative who signs this form; (3) the parent, guardian, or custodian of the child acts to negate, reverse, or otherwise disapprove an action or decision of the ~~grandparent~~ qualified relative who signed this affidavit; or (4) the affidavit is terminated by court order; (5) the death of the child who is the subject of the affidavit; or (6) the death of the ~~grandparent~~ qualified relative who executed the affidavit.	450
	A parent, guardian, or custodian may negate, reverse, or disapprove a ~~grandparent's~~ qualified relative's action or decision only by delivering written notice of negation, reversal, or disapproval to the ~~grandparent~~ qualified relative and the person acting on the ~~grandparent's~~ qualified relative's action or decision in reliance on this affidavit.	451
	If this affidavit terminates other than by the death of the ~~grandparent~~ qualified relative, the ~~grandparent~~ qualified relative who signed this affidavit shall notify, in writing, all of the following:	452
	(a) Any schools, health care providers, or health insurance coverage provider with which the child has been involved through the ~~grandparent~~ qualified relative;	453
	(b) Any other person or entity that has an ongoing relationship with the child or ~~grandparent~~ qualified relative such that the person or entity would reasonably rely on the affidavit unless notified of the termination;	454
	(c) The court in which the affidavit was filed after its creation.	455
	The ~~grandparent~~ qualified relative shall make the notifications not later than one week after the date the affidavit terminates.	456
7.	The decision of a ~~grandparent~~ qualified relative to consent to or to refuse medical treatment or school enrollment for a child is superseded by a contrary decision of a parent, custodian, or guardian of the child, unless the decision of the parent, guardian, or custodian would jeopardize the life, health, or safety of the child.	457

Additional information:	458

To caretakers:	459

1.	"Qualified relative," for the purposes of this affidavit, means any person who is 18 years of age or older and related to the child, whether by blood, marriage, or marriage that has been terminated and includes any person related to the child and designated by one of the following terms: spouse, stepparent, brother, sister, stepbrother, stepsister, half-brother, half-sister, uncle, aunt, niece, nephew, cousin, or any person denoted by the prefix "grand" or "great," or the spouse of any of the persons specified in this definition.	460
	"Qualified relative" does not include: (1) a parent of the child who has committed an act resulting in the child's having been adjudicated an abused or neglected child; (2) the residential parent and legal custodian of the child, in cases in which the parents of the child are divorced or their marriage has been dissolved or annulled; (3) the child's guardian; or (4) the child's custodian.	461
2.	If the child stops living with you, you are required to notify, in writing, any school, health care provider, or health care insurance provider to which you have given this affidavit. You are also required to notify, in writing, any other person or entity that has an ongoing relationship with you or the child such that the person or entity would reasonably rely on the affidavit unless notified. The notifications must be made not later than one week after the child stops living with you.	462
2. 3.	If you do not have the information requested in item 7 (Ohio driver's license or identification card), provide another form of identification such as your social security number or medicaid number.	463
3. 4.	You must include with the caretaker authorization affidavit the following information:	464
	(a) The child's present address, the addresses of the places where the child has lived within the last five years, and the name and present address of each person with whom the child has lived during that period;	465
	(b) Whether you have participated as a party, a witness, or in any other capacity in any other litigation, in this state or any other state, that concerned the allocation, between the parents of the same child, of parental rights and responsibilities for the care of the child and the designation of the residential parent and legal custodian of the child or that otherwise concerned the custody of the same child;	466
	(c) Whether you have information of any parenting proceeding concerning the child pending in a court of this or any other state;	467
	(d) Whether you know of any person who has physical custody of the child or claims to be a parent of the child who is designated the residential parent and legal custodian of the child or to have parenting time rights with respect to the child or to be a person other than a parent of the child who has custody or visitation rights with respect to the child;	468
	(e) Whether you previously have been convicted of or pleaded guilty to any criminal offense involving any act that resulted in a ~~child~~ child's being an abused child or a neglected child or previously have been determined, in a case in which a child has been adjudicated an abused child or a neglected child, to be the perpetrator of the abusive or neglectful act that was the basis of the adjudication.	469

To school officials:	470

1.	This affidavit, properly completed and notarized, authorizes the child in question to attend school in the district in which the ~~grandparent~~ qualified relative who signed this affidavit resides and the ~~grandparent~~ qualified relative is authorized to provide consent in all school-related matters and to discuss with the school district the child's educational progress. This affidavit does not preclude the parent, guardian, or custodian of the child from having access to all school records pertinent to the child.	471
2.	The school district may require additional reasonable evidence that the ~~grandparent~~ qualified relative lives at the address provided in item 5.	472
3.	A school district or school official that reasonably and in good faith relies on this affidavit has no obligation to make any further inquiry or investigation.	473
4.	The act of a parent, guardian, or custodian of the child to negate, reverse, or otherwise disapprove an action or decision of the ~~grandparent~~ qualified relative who signed this affidavit constitutes termination of this affidavit. A parent, guardian, or custodian may negate, reverse, or disapprove a ~~grandparent's~~ qualified relative's action or decision only by delivering written notice of negation, reversal, or disapproval to the ~~grandparent~~ qualified relative and the person acting on the ~~grandparent's~~ qualified relative's action or decision in reliance on this affidavit.	474

To health care providers:	475

1.	A person or entity that acts in good faith reliance on a CARETAKER AUTHORIZATION AFFIDAVIT to provide medical, psychological, or dental treatment, without actual knowledge of facts contrary to those stated in the affidavit, is not subject to criminal liability or to civil liability to any person or entity, and is not subject to professional disciplinary action, solely for such reliance if the applicable portions of the form are completed and the ~~grandparent's~~ qualified relative's signature is notarized.	476
2.	The decision of a ~~grandparent~~ qualified relative, based on a CARETAKER AUTHORIZATION AFFIDAVIT, shall be honored by a health care facility or practitioner, school district, or school official unless the health care facility or practitioner or educational facility or official has actual knowledge that a parent, guardian, or custodian of a child has made a contravening decision to consent to or to refuse medical treatment for the child.	477
3.	The act of a parent, guardian, or custodian of the child to negate, reverse, or otherwise disapprove an action or decision of the ~~grandparent~~ qualified relative who signed this affidavit constitutes termination of this affidavit. A parent, guardian, or custodian may negate, reverse, or disapprove a ~~grandparent's~~ qualified relative's action or decision only by delivering written notice of negation, reversal, or disapproval to the ~~grandparent~~ qualified relative and the person acting on the ~~grandparent's~~ qualified relative's action or decision in reliance on this affidavit.	478

Sec. 3109.67. A caretaker authorization affidavit described	479
in section 3109.66 of the Revised Code is executed when the	480
affidavit is completed, signed by a ~~grandparent~~qualified relative	481
described in section 3109.65 of the Revised Code, and notarized.	482

Sec. 3109.69. Once a caretaker authorization affidavit has	483
been executed under section 3109.67 of the Revised Code, the	484
~~grandparent~~qualified relative may exercise care, physical	485
custody, and control of the child, including enrolling the child	486
in school, discussing with the school district the child's	487
educational progress, consenting to all school-related matters	488
regarding the child, and consenting to medical, psychological, or	489
dental treatment for the child. The affidavit does not affect the	490
rights and responsibilities of the parent, guardian, or custodian	491
regarding the child, does not grant legal custody to the	492
~~grandparent~~qualified relative, and does not grant authority to	493
the ~~grandparent~~qualified relative to consent to the marriage or	494
adoption of the child.	495

Sec. 3109.70. An executed caretaker authorization affidavit	496
shall terminate on the occurrence of whichever of the following	497
comes first:	498

(A) One year elapses following the date the affidavit is	499
notarized.	500

(B) The child ceases to reside with the ~~grandparent~~qualified	501
relative.	502

(C) The parent, guardian, or custodian of the child who is	503
the subject of the affidavit acts, in accordance with section	504
3109.72 of the Revised Code, to negate, reverse, or otherwise	505
disapprove an action or decision of the ~~grandparent~~qualified	506
relative who signed the affidavit with respect to the child.	507

(D) The affidavit is terminated by court order.

508

(E) The death of the child who is the subject of the	509
affidavit.	510

(F) The death of the ~~grandparent~~qualified relative who	511
executed the affidavit.	512

Sec. 3109.71. When a caretaker authorization affidavit	513
terminates pursuant to division (A), (B), (C), (D), or (E) of	514
section 3109.70 of the Revised Code, the ~~grandparent~~qualified	515
relative shall notify, in writing, the school district in which	516
the child attends school, the child's health care providers, the	517
child's health insurance coverage provider, the court in which the	518
affidavit was filed under section 3109.74 of the Revised Code, and	519
any other person or entity that has an ongoing relationship with	520
the child or ~~grandparent~~qualified relative such that the person	521
or entity would reasonably rely on the affidavit unless notified	522
of the termination. The ~~grandparent~~qualified relative shall make	523
the notifications not later than one week after the date the	524
affidavit terminates.	525

Sec. 3109.74. (A) A person who creates a power of attorney	526
under section 3109.52 of the Revised Code or executes a caretaker	527
authorization affidavit under section 3109.67 of the Revised Code	528
shall file the power of attorney or affidavit with the juvenile	529
court of the county in which the ~~grandparent designated as~~	530
attorney in fact or ~~grandparent who executed the affidavit~~	531
qualified relative resides or any other court that has	532
jurisdiction over the child under a previously filed motion or	533
proceeding. The power of attorney or affidavit shall be filed not	534
later than five days after the date it is created or executed and	535
may be sent to the court by certified mail.	536

(B) A power of attorney filed under this section shall be	537
accompanied by a receipt showing that the notice of creation of	538
the power of attorney was sent to the parent who is not the	539
residential parent and legal custodian by certified mail under	540
section 3109.55 of the Revised Code.	541

(C)(1) The ~~grandparent designated as~~ attorney in fact or ~~the~~	542
~~grandparent who executed the affidavit~~qualified relative shall	543
include with the power of attorney or the caretaker authorization	544
affidavit the information described in section 3109.27 of the	545
Revised Code.	546

(2) If the ~~grandparent~~attorney in fact or qualified relative	547
provides information that the ~~grandparent~~attorney in fact or	548
qualified relative previously has been convicted of or pleaded	549
guilty to any criminal offense involving any act that resulted in	550
a ~~child~~child's being an abused child or a neglected child or	551
previously has been determined, in a case in which a child has	552
been adjudicated an abused child or a neglected child, to be the	553
perpetrator of the abusive or neglectful act that was the basis of	554
the adjudication, the court may report that information to the	555
public children services agency pursuant to section 2151.421 of	556
the Revised Code. Upon the receipt of that information, the public	557
children services agency shall initiate an investigation pursuant	558
to section 2151.421 of the Revised Code.	559

(3) If the court has reason to believe that a power of	560
attorney or caretaker authorization affidavit is not in the best	561
interest of the child, the court may report that information to	562
the public children services agency pursuant to section 2151.421	563
of the Revised Code. Upon receipt of that information, the public	564
children services agency shall initiate an investigation pursuant	565
to section 2151.421 of the Revised Code. The public children	566
services agency shall submit a report of its investigation to the	567
court not later than thirty days after the court reports the	568
information to the public children services agency or not later	569
than forty-five days after the court reports the information to	570
the public children services agency when information that is	571
needed to determine the case disposition cannot be compiled within	572
thirty days and the reasons are documented in the case record.	573

(D) The court shall waive any filing fee imposed for the	574
filing of the power of attorney or caretaker authorization	575
affidavit.	576

Sec. 3109.76. If a second or subsequent power of attorney is	577
created under section 3109.52 of the Revised Code regarding a	578
child who is the subject of a prior power of attorney or a second	579
or subsequent caretaker authorization affidavit is executed under	580
section 3109.67 of the Revised Code regarding a child who is the	581
subject of a prior affidavit, the person who creates the power of	582
attorney or executes the affidavit must file it with the juvenile	583
court of the county in which the ~~grandparent designated as~~	584
attorney in fact or ~~the grandparent who executed the affidavit~~	585
qualified relative resides or with any other court that has	586
jurisdiction over the child under a previously filed motion or	587
proceeding.	588

Sec. 3109.77. (A) On the filing of a power of attorney or	589
caretaker authorization affidavit under section 3109.76 of the	590
Revised Code, the court in which the power of attorney or	591
caretaker authorization affidavit was filed shall schedule a	592
hearing to determine whether the power of attorney or affidavit is	593
in the child's best interest. The court shall provide notice of	594
the date, time, and location of the hearing to the parties and to	595
the parent who is not the residential parent and legal custodian	596
unless one of the following circumstances applies:	597

(1) In accordance with section 3109.051 of the Revised Code,	598
that parent is not to be given a notice of relocation.	599

(2) The parent's parental rights have been terminated by	600
order of a juvenile court pursuant to Chapter 2151. of the Revised	601
Code.	602

(3) The parent cannot be located with reasonable efforts.

603

(4) The power of attorney was created by both parents.

604

(B) The hearing shall be held not later than ten days after	605
the date the power of attorney or affidavit was filed with the	606
court. At the hearing, the parties and the parent who is not the	607
residential parent and legal custodian may present evidence and be	608
represented by counsel.	609

(C) At the conclusion of the hearing, the court may take any	610
of the following actions that the court determines is in the	611
child's best interest:	612

(1) Approve the power of attorney or affidavit. If approved,	613
the power of attorney or affidavit shall remain in effect unless	614
otherwise terminated under section 3109.59 of the Revised Code	615
with respect to a power of attorney or section 3109.70 of the	616
Revised Code with respect to an affidavit.	617

(2) Issue an order terminating the power of attorney or	618
affidavit and ordering the child returned to the child's parent,	619
guardian, or custodian. If the parent, guardian, or custodian of	620
the child cannot be located, the court shall treat the filing of	621
the power of attorney or affidavit with the court as a complaint	622
under section 2151.27 of the Revised Code that the child is a	623
dependent child.	624

(3) Treat the filing of the power of attorney or affidavit as	625
a petition for legal custody and award legal custody of the child	626
to the ~~grandparent designated as the~~ attorney in fact ~~under the~~	627
~~power of attorney~~ or to the ~~grandparent who executed the affidavit~~	628
qualified relative.	629

(D) The court shall conduct a de novo review of any order	630
issued under division (C) of this section if all of the following	631
apply regarding the parent who is not the residential parent and	632
legal custodian:	633

(1) The parent did not appear at the hearing from which the	634
order was issued.	635

(2) The parent was not represented by counsel at the hearing.

636

(3) The parent filed a motion with the court not later than	637
fourteen days after receiving notice of the hearing pursuant to	638
division (A) of this section.	639

Sec. 3313.64. (A) As used in this section and in section	640
3313.65 of the Revised Code:	641

(1)(a) Except as provided in division (A)(1)(b) of this	642
section, "parent" means either parent, unless the parents are	643
separated or divorced or their marriage has been dissolved or	644
annulled, in which case "parent" means the parent who is the	645
residential parent and legal custodian of the child. When a child	646
is in the legal custody of a government agency or a person other	647
than the child's natural or adoptive parent, "parent" means the	648
parent with residual parental rights, privileges, and	649
responsibilities. When a child is in the permanent custody of a	650
government agency or a person other than the child's natural or	651
adoptive parent, "parent" means the parent who was divested of	652
parental rights and responsibilities for the care of the child and	653
the right to have the child live with the parent and be the legal	654
custodian of the child and all residual parental rights,	655
privileges, and responsibilities.	656

(b) When a child is the subject of a power of attorney	657
executed under sections 3109.51 to 3109.62 of the Revised Code,	658
"parent" means the ~~grandparent~~person designated as attorney in	659
fact under the power of attorney. When a child is the subject of a	660
caretaker authorization affidavit executed under sections 3109.64	661
to 3109.73 of the Revised Code, "parent" means the ~~grandparent~~	662
qualified relative that executed the affidavit.	663

(2) "Legal custody," "permanent custody," and "residual	664
parental rights, privileges, and responsibilities" have the same	665
meanings as in section 2151.011 of the Revised Code.	666

(3) "School district" or "district" means a city, local, or	667
exempted village school district and excludes any school operated	668
in an institution maintained by the department of youth services.	669

(4) Except as used in division (C)(2) of this section, "home"	670
means a home, institution, foster home, group home, or other	671
residential facility in this state that receives and cares for	672
children, to which any of the following applies:	673

(a) The home is licensed, certified, or approved for such	674
purpose by the state or is maintained by the department of youth	675
services.	676

(b) The home is operated by a person who is licensed,	677
certified, or approved by the state to operate the home for such	678
purpose.	679

(c) The home accepted the child through a placement by a	680
person licensed, certified, or approved to place a child in such a	681
home by the state.	682

(d) The home is a children's home created under section	683
5153.21 or 5153.36 of the Revised Code.	684

(5) "Agency" means all of the following:

685

(a) A public children services agency;

686

(b) An organization that holds a certificate issued by the	687
Ohio department of job and family services in accordance with the	688
requirements of section 5103.03 of the Revised Code and assumes	689
temporary or permanent custody of children through commitment,	690
agreement, or surrender, and places children in family homes for	691
the purpose of adoption;	692

(c) Comparable agencies of other states or countries that	693
have complied with applicable requirements of section 2151.39 of	694
the Revised Code or as applicable, sections 5103.20 to 5103.22 or	695
5103.23 to 5103.237 of the Revised Code.	696

(6) A child is placed for adoption if either of the following	697
occurs:	698

(a) An agency to which the child has been permanently	699
committed or surrendered enters into an agreement with a person	700
pursuant to section 5103.16 of the Revised Code for the care and	701
adoption of the child.	702

(b) The child's natural parent places the child pursuant to	703
section 5103.16 of the Revised Code with a person who will care	704
for and adopt the child.	705

(7) "Preschool child with a disability" has the same meaning	706
as in section 3323.01 of the Revised Code.	707

(8) "Child," unless otherwise indicated, includes preschool	708
children with disabilities.	709

(9) "Active duty" means active duty pursuant to an executive	710
order of the president of the United States, an act of the	711
congress of the United States, or section 5919.29 or 5923.21 of	712
the Revised Code.	713

(B) Except as otherwise provided in section 3321.01 of the	714
Revised Code for admittance to kindergarten and first grade, a	715
child who is at least five but under twenty-two years of age and	716
any preschool child with a disability shall be admitted to school	717
as provided in this division.	718

(1) A child shall be admitted to the schools of the school	719
district in which the child's parent resides.	720

(2) A child who does not reside in the district where the	721
child's parent resides shall be admitted to the schools of the	722
district in which the child resides if any of the following	723
applies:	724

(a) The child is in the legal or permanent custody of a	725
government agency or a person other than the child's natural or	726
adoptive parent.	727

(b) The child resides in a home.

728

729

(3) A child who is not entitled under division (B)(2) of this	730
section to be admitted to the schools of the district where the	731
child resides and who is residing with a resident of this state	732
with whom the child has been placed for adoption shall be admitted	733
to the schools of the district where the child resides unless	734
either of the following applies:	735

(a) The placement for adoption has been terminated.

736

(b) Another school district is required to admit the child	737
under division (B)(1) of this section.	738

Division (B) of this section does not prohibit the board of	739
education of a school district from placing a child with a	740
disability who resides in the district in a special education	741
program outside of the district or its schools in compliance with	742
Chapter 3323. of the Revised Code.	743

(C) A district shall not charge tuition for children admitted	744
under division (B)(1) or (3) of this section. If the district	745
admits a child under division (B)(2) of this section, tuition	746
shall be paid to the district that admits the child as provided in	747
divisions (C)(1) to (3) of this section, unless division (C)(4) of	748
this section applies to the child:	749

(1) If the child receives special education in accordance	750
with Chapter 3323. of the Revised Code, the school district of	751
residence, as defined in section 3323.01 of the Revised Code,	752
shall pay tuition for the child in accordance with section	753
3323.091, 3323.13, 3323.14, or 3323.141 of the Revised Code	754
regardless of who has custody of the child or whether the child	755
resides in a home.	756

(2) For a child that does not receive special education in	757
accordance with Chapter 3323. of the Revised Code, except as	758
otherwise provided in division (C)(2)(d) of this section, if the	759
child is in the permanent or legal custody of a government agency	760
or person other than the child's parent, tuition shall be paid by:	761

(a) The district in which the child's parent resided at the	762
time the court removed the child from home or at the time the	763
court vested legal or permanent custody of the child in the person	764
or government agency, whichever occurred first;	765

(b) If the parent's residence at the time the court removed	766
the child from home or placed the child in the legal or permanent	767
custody of the person or government agency is unknown, tuition	768
shall be paid by the district in which the child resided at the	769
time the child was removed from home or placed in legal or	770
permanent custody, whichever occurred first;	771

(c) If a school district cannot be established under division	772
(C)(2)(a) or (b) of this section, tuition shall be paid by the	773
district determined as required by section 2151.362 of the Revised	774
Code by the court at the time it vests custody of the child in the	775
person or government agency;	776

(d) If at the time the court removed the child from home or	777
vested legal or permanent custody of the child in the person or	778
government agency, whichever occurred first, one parent was in a	779
residential or correctional facility or a juvenile residential	780
placement and the other parent, if living and not in such a	781
facility or placement, was not known to reside in this state,	782
tuition shall be paid by the district determined under division	783
(D) of section 3313.65 of the Revised Code as the district	784
required to pay any tuition while the parent was in such facility	785
or placement;	786

(e) If the department of education has determined, pursuant	787
to division (A)(2) of section 2151.362 of the Revised Code, that a	788
school district other than the one named in the court's initial	789
order, or in a prior determination of the department, is	790
responsible to bear the cost of educating the child, the district	791
so determined shall be responsible for that cost.	792

(3) If the child is not in the permanent or legal custody of	793
a government agency or person other than the child's parent and	794
the child resides in a home, tuition shall be paid by one of the	795
following:	796

(a) The school district in which the child's parent resides;

797

(b) If the child's parent is not a resident of this state,	798
the home in which the child resides.	799

(4) Division (C)(4) of this section applies to any child who	800
is admitted to a school district under division (B)(2) of this	801
section, resides in a home that is not a foster home or a home	802
maintained by the department of youth services, receives	803
educational services at the home in which the child resides	804
pursuant to a contract between the home and the school district	805
providing those services, and does not receive special education.	806

In the case of a child to which division (C)(4) of this	807
section applies, the total educational cost to be paid for the	808
child shall be determined by a formula approved by the department	809
of education, which formula shall be designed to calculate a per	810
diem cost for the educational services provided to the child for	811
each day the child is served and shall reflect the total actual	812
cost incurred in providing those services. The department shall	813
certify the total educational cost to be paid for the child to	814
both the school district providing the educational services and,	815
if different, the school district that is responsible to pay	816
tuition for the child. The department shall deduct the certified	817
amount from the state basic aid funds payable under Chapter 3317.	818
of the Revised Code to the district responsible to pay tuition and	819
shall pay that amount to the district providing the educational	820
services to the child.	821

(D) Tuition required to be paid under divisions (C)(2) and	822
(3)(a) of this section shall be computed in accordance with	823
section 3317.08 of the Revised Code. Tuition required to be paid	824
under division (C)(3)(b) of this section shall be computed in	825
accordance with section 3317.081 of the Revised Code. If a home	826
fails to pay the tuition required by division (C)(3)(b) of this	827
section, the board of education providing the education may	828
recover in a civil action the tuition and the expenses incurred in	829
prosecuting the action, including court costs and reasonable	830
attorney's fees. If the prosecuting attorney or city director of	831
law represents the board in such action, costs and reasonable	832
attorney's fees awarded by the court, based upon the prosecuting	833
attorney's, director's, or one of their designee's time spent	834
preparing and presenting the case, shall be deposited in the	835
county or city general fund.	836

(E) A board of education may enroll a child free of any	837
tuition obligation for a period not to exceed sixty days, on the	838
sworn statement of an adult resident of the district that the	839
resident has initiated legal proceedings for custody of the child.	840

(F) In the case of any individual entitled to attend school	841
under this division, no tuition shall be charged by the school	842
district of attendance and no other school district shall be	843
required to pay tuition for the individual's attendance.	844
Notwithstanding division (B), (C), or (E) of this section:	845

(1) All persons at least eighteen but under twenty-two years	846
of age who live apart from their parents, support themselves by	847
their own labor, and have not successfully completed the high	848
school curriculum or the individualized education program	849
developed for the person by the high school pursuant to section	850
3323.08 of the Revised Code, are entitled to attend school in the	851
district in which they reside.	852

(2) Any child under eighteen years of age who is married is	853
entitled to attend school in the child's district of residence.	854

(3) A child is entitled to attend school in the district in	855
which either of the child's parents is employed if the child has a	856
medical condition that may require emergency medical attention.	857
The parent of a child entitled to attend school under division	858
(F)(3) of this section shall submit to the board of education of	859
the district in which the parent is employed a statement from the	860
child's physician certifying that the child's medical condition	861
may require emergency medical attention. The statement shall be	862
supported by such other evidence as the board may require.	863

(4) Any child residing with a person other than the child's	864
parent is entitled, for a period not to exceed twelve months, to	865
attend school in the district in which that person resides if the	866
child's parent files an affidavit with the superintendent of the	867
district in which the person with whom the child is living resides	868
stating all of the following:	869

(a) That the parent is serving outside of the state in the	870
armed services of the United States;	871

(b) That the parent intends to reside in the district upon	872
returning to this state;	873

(c) The name and address of the person with whom the child is	874
living while the parent is outside the state.	875

(5) Any child under the age of twenty-two years who, after	876
the death of a parent, resides in a school district other than the	877
district in which the child attended school at the time of the	878
parent's death is entitled to continue to attend school in the	879
district in which the child attended school at the time of the	880
parent's death for the remainder of the school year, subject to	881
approval of that district board.	882

(6) A child under the age of twenty-two years who resides	883
with a parent who is having a new house built in a school district	884
outside the district where the parent is residing is entitled to	885
attend school for a period of time in the district where the new	886
house is being built. In order to be entitled to such attendance,	887
the parent shall provide the district superintendent with the	888
following:	889

(a) A sworn statement explaining the situation, revealing the	890
location of the house being built, and stating the parent's	891
intention to reside there upon its completion;	892

(b) A statement from the builder confirming that a new house	893
is being built for the parent and that the house is at the	894
location indicated in the parent's statement.	895

(7) A child under the age of twenty-two years residing with a	896
parent who has a contract to purchase a house in a school district	897
outside the district where the parent is residing and who is	898
waiting upon the date of closing of the mortgage loan for the	899
purchase of such house is entitled to attend school for a period	900
of time in the district where the house is being purchased. In	901
order to be entitled to such attendance, the parent shall provide	902
the district superintendent with the following:	903

(a) A sworn statement explaining the situation, revealing the	904
location of the house being purchased, and stating the parent's	905
intent to reside there;	906

(b) A statement from a real estate broker or bank officer	907
confirming that the parent has a contract to purchase the house,	908
that the parent is waiting upon the date of closing of the	909
mortgage loan, and that the house is at the location indicated in	910
the parent's statement.	911

The district superintendent shall establish a period of time	912
not to exceed ninety days during which the child entitled to	913
attend school under division (F)(6) or (7) of this section may	914
attend without tuition obligation. A student attending a school	915
under division (F)(6) or (7) of this section shall be eligible to	916
participate in interscholastic athletics under the auspices of	917
that school, provided the board of education of the school	918
district where the student's parent resides, by a formal action,	919
releases the student to participate in interscholastic athletics	920
at the school where the student is attending, and provided the	921
student receives any authorization required by a public agency or	922
private organization of which the school district is a member	923
exercising authority over interscholastic sports.	924

(8) A child whose parent is a full-time employee of a city,	925
local, or exempted village school district, or of an educational	926
service center, may be admitted to the schools of the district	927
where the child's parent is employed, or in the case of a child	928
whose parent is employed by an educational service center, in the	929
district that serves the location where the parent's job is	930
primarily located, provided the district board of education	931
establishes such an admission policy by resolution adopted by a	932
majority of its members. Any such policy shall take effect on the	933
first day of the school year and the effective date of any	934
amendment or repeal may not be prior to the first day of the	935
subsequent school year. The policy shall be uniformly applied to	936
all such children and shall provide for the admission of any such	937
child upon request of the parent. No child may be admitted under	938
this policy after the first day of classes of any school year.	939

(9) A child who is with the child's parent under the care of	940
a shelter for victims of domestic violence, as defined in section	941
3113.33 of the Revised Code, is entitled to attend school free in	942
the district in which the child is with the child's parent, and no	943
other school district shall be required to pay tuition for the	944
child's attendance in that school district.	945

The enrollment of a child in a school district under this	946
division shall not be denied due to a delay in the school	947
district's receipt of any records required under section 3313.672	948
of the Revised Code or any other records required for enrollment.	949
Any days of attendance and any credits earned by a child while	950
enrolled in a school district under this division shall be	951
transferred to and accepted by any school district in which the	952
child subsequently enrolls. The state board of education shall	953
adopt rules to ensure compliance with this division.	954

(10) Any child under the age of twenty-two years whose parent	955
has moved out of the school district after the commencement of	956
classes in the child's senior year of high school is entitled,	957
subject to the approval of that district board, to attend school	958
in the district in which the child attended school at the time of	959
the parental move for the remainder of the school year and for one	960
additional semester or equivalent term. A district board may also	961
adopt a policy specifying extenuating circumstances under which a	962
student may continue to attend school under division (F)(10) of	963
this section for an additional period of time in order to	964
successfully complete the high school curriculum for the	965
individualized education program developed for the student by the	966
high school pursuant to section 3323.08 of the Revised Code.	967

(11) As used in this division, "grandparent" means a parent	968
of a parent of a child. A child under the age of twenty-two years	969
who is in the custody of the child's parent, resides with a	970
grandparent, and does not require special education is entitled to	971
attend the schools of the district in which the child's	972
grandparent resides, provided that, prior to such attendance in	973
any school year, the board of education of the school district in	974
which the child's grandparent resides and the board of education	975
of the school district in which the child's parent resides enter	976
into a written agreement specifying that good cause exists for	977
such attendance, describing the nature of this good cause, and	978
consenting to such attendance.	979

In lieu of a consent form signed by a parent, a board of	980
education may request the grandparent of a child attending school	981
in the district in which the grandparent resides pursuant to	982
division (F)(11) of this section to complete any consent form	983
required by the district, including any authorization required by	984
sections 3313.712, 3313.713, 3313.716, and 3313.718 of the Revised	985
Code. Upon request, the grandparent shall complete any consent	986
form required by the district. A school district shall not incur	987
any liability solely because of its receipt of a consent form from	988
a grandparent in lieu of a parent.	989

Division (F)(11) of this section does not create, and shall	990
not be construed as creating, a new cause of action or substantive	991
legal right against a school district, a member of a board of	992
education, or an employee of a school district. This section does	993
not affect, and shall not be construed as affecting, any	994
immunities from defenses to tort liability created or recognized	995
by Chapter 2744. of the Revised Code for a school district,	996
member, or employee.	997

(12) A child under the age of twenty-two years is entitled to	998
attend school in a school district other than the district in	999
which the child is entitled to attend school under division (B),	1000
(C), or (E) of this section provided that, prior to such	1001
attendance in any school year, both of the following occur:	1002

(a) The superintendent of the district in which the child is	1003
entitled to attend school under division (B), (C), or (E) of this	1004
section contacts the superintendent of another district for	1005
purposes of this division;	1006

(b) The superintendents of both districts enter into a	1007
written agreement that consents to the attendance and specifies	1008
that the purpose of such attendance is to protect the student's	1009
physical or mental well-being or to deal with other extenuating	1010
circumstances deemed appropriate by the superintendents.	1011

While an agreement is in effect under this division for a	1012
student who is not receiving special education under Chapter 3323.	1013
of the Revised Code and notwithstanding Chapter 3327. of the	1014
Revised Code, the board of education of neither school district	1015
involved in the agreement is required to provide transportation	1016
for the student to and from the school where the student attends.	1017

A student attending a school of a district pursuant to this	1018
division shall be allowed to participate in all student	1019
activities, including interscholastic athletics, at the school	1020
where the student is attending on the same basis as any student	1021
who has always attended the schools of that district while of	1022
compulsory school age.	1023

(13) All school districts shall comply with the	1024
"McKinney-Vento Homeless Assistance Act," 42 U.S.C.A. 11431 et	1025
seq., for the education of homeless children. Each city, local,	1026
and exempted village school district shall comply with the	1027
requirements of that act governing the provision of a free,	1028
appropriate public education, including public preschool, to each	1029
homeless child.	1030

When a child loses permanent housing and becomes a homeless	1031
person, as defined in 42 U.S.C.A. 11481(5), or when a child who is	1032
such a homeless person changes temporary living arrangements, the	1033
child's parent or guardian shall have the option of enrolling the	1034
child in either of the following:	1035

(a) The child's school of origin, as defined in 42 U.S.C.A.	1036
11432(g)(3)(C);	1037

(b) The school that is operated by the school district in	1038
which the shelter where the child currently resides is located and	1039
that serves the geographic area in which the shelter is located.	1040

(14) A child under the age of twenty-two years who resides	1041
with a person other than the child's parent is entitled to attend	1042
school in the school district in which that person resides if both	1043
of the following apply:	1044

(a) That person has been appointed, through a military power	1045
of attorney executed under section 574(a) of the "National Defense	1046
Authorization Act for Fiscal Year 1994," 107 Stat. 1674 (1993), 10	1047
U.S.C. 1044b, or through a comparable document necessary to	1048
complete a family care plan, as the parent's agent for the care,	1049
custody, and control of the child while the parent is on active	1050
duty as a member of the national guard or a reserve unit of the	1051
armed forces of the United States or because the parent is a	1052
member of the armed forces of the United States and is on a duty	1053
assignment away from the parent's residence.	1054

(b) The military power of attorney or comparable document	1055
includes at least the authority to enroll the child in school.	1056

The entitlement to attend school in the district in which the	1057
parent's agent under the military power of attorney or comparable	1058
document resides applies until the end of the school year in which	1059
the military power of attorney or comparable document expires.	1060

(G) A board of education, after approving admission, may	1061
waive tuition for students who will temporarily reside in the	1062
district and who are either of the following:	1063

(1) Residents or domiciliaries of a foreign nation who	1064
request admission as foreign exchange students;	1065

(2) Residents or domiciliaries of the United States but not	1066
of Ohio who request admission as participants in an exchange	1067
program operated by a student exchange organization.	1068

(H) Pursuant to sections 3311.211, 3313.90, 3319.01, 3323.04,	1069
3327.04, and 3327.06 of the Revised Code, a child may attend	1070
school or participate in a special education program in a school	1071
district other than in the district where the child is entitled to	1072
attend school under division (B) of this section.	1073

(I)(1) Notwithstanding anything to the contrary in this	1074
section or section 3313.65 of the Revised Code, a child under	1075
twenty-two years of age may attend school in the school district	1076
in which the child, at the end of the first full week of October	1077
of the school year, was entitled to attend school as otherwise	1078
provided under this section or section 3313.65 of the Revised	1079
Code, if at that time the child was enrolled in the schools of the	1080
district but since that time the child or the child's parent has	1081
relocated to a new address located outside of that school district	1082
and within the same county as the child's or parent's address	1083
immediately prior to the relocation. The child may continue to	1084
attend school in the district, and at the school to which the	1085
child was assigned at the end of the first full week of October of	1086
the current school year, for the balance of the school year.	1087
Division (I)(1) of this section applies only if both of the	1088
following conditions are satisfied:	1089

(a) The board of education of the school district in which	1090
the child was entitled to attend school at the end of the first	1091
full week in October and of the district to which the child or	1092
child's parent has relocated each has adopted a policy to enroll	1093
children described in division (I)(1) of this section.	1094

(b) The child's parent provides written notification of the	1095
relocation outside of the school district to the superintendent of	1096
each of the two school districts.	1097

(2) At the beginning of the school year following the school	1098
year in which the child or the child's parent relocated outside of	1099
the school district as described in division (I)(1) of this	1100
section, the child is not entitled to attend school in the school	1101
district under that division.	1102

(3) Any person or entity owing tuition to the school district	1103
on behalf of the child at the end of the first full week in	1104
October, as provided in division (C) of this section, shall	1105
continue to owe such tuition to the district for the child's	1106
attendance under division (I)(1) of this section for the lesser of	1107
the balance of the school year or the balance of the time that the	1108
child attends school in the district under division (I)(1) of this	1109
section.	1110

(4) A pupil who may attend school in the district under	1111
division (I)(1) of this section shall be entitled to	1112
transportation services pursuant to an agreement between the	1113
district and the district in which the child or child's parent has	1114
relocated unless the districts have not entered into such	1115
agreement, in which case the child shall be entitled to	1116
transportation services in the same manner as a pupil attending	1117
school in the district under interdistrict open enrollment as	1118
described in division (H) of section 3313.981 of the Revised Code,	1119
regardless of whether the district has adopted an open enrollment	1120
policy as described in division (B)(1)(b) or (c) of section	1121
3313.98 of the Revised Code.	1122

(J) This division does not apply to a child receiving special	1123
education.	1124

A school district required to pay tuition pursuant to	1125
division (C)(2) or (3) of this section or section 3313.65 of the	1126
Revised Code shall have an amount deducted under division (F) of	1127
section 3317.023 of the Revised Code equal to its own tuition rate	1128
for the same period of attendance. A school district entitled to	1129
receive tuition pursuant to division (C)(2) or (3) of this section	1130
or section 3313.65 of the Revised Code shall have an amount	1131
credited under division (F) of section 3317.023 of the Revised	1132
Code equal to its own tuition rate for the same period of	1133
attendance. If the tuition rate credited to the district of	1134
attendance exceeds the rate deducted from the district required to	1135
pay tuition, the department of education shall pay the district of	1136
attendance the difference from amounts deducted from all	1137
districts' payments under division (F) of section 3317.023 of the	1138
Revised Code but not credited to other school districts under such	1139
division and from appropriations made for such purpose. The	1140
treasurer of each school district shall, by the fifteenth day of	1141
January and July, furnish the superintendent of public instruction	1142
a report of the names of each child who attended the district's	1143
schools under divisions (C)(2) and (3) of this section or section	1144
3313.65 of the Revised Code during the preceding six calendar	1145
months, the duration of the attendance of those children, the	1146
school district responsible for tuition on behalf of the child,	1147
and any other information that the superintendent requires.	1148

Upon receipt of the report the superintendent, pursuant to	1149
division (F) of section 3317.023 of the Revised Code, shall deduct	1150
each district's tuition obligations under divisions (C)(2) and (3)	1151
of this section or section 3313.65 of the Revised Code and pay to	1152
the district of attendance that amount plus any amount required to	1153
be paid by the state.	1154

(K) In the event of a disagreement, the superintendent of	1155
public instruction shall determine the school district in which	1156
the parent resides.	1157

(L) Nothing in this section requires or authorizes, or shall	1158
be construed to require or authorize, the admission to a public	1159
school in this state of a pupil who has been permanently excluded	1160
from public school attendance by the superintendent of public	1161
instruction pursuant to sections 3301.121 and 3313.662 of the	1162
Revised Code.	1163

(M) In accordance with division (B)(1) of this section, a	1164
child whose parent is a member of the national guard or a reserve	1165
unit of the armed forces of the United States and is called to	1166
active duty, or a child whose parent is a member of the armed	1167
forces of the United States and is ordered to a temporary duty	1168
assignment outside of the district, may continue to attend school	1169
in the district in which the child's parent lived before being	1170
called to active duty or ordered to a temporary duty assignment	1171
outside of the district, as long as the child's parent continues	1172
to be a resident of that district, and regardless of where the	1173
child lives as a result of the parent's active duty status or	1174
temporary duty assignment. However, the district is not	1175
responsible for providing transportation for the child if the	1176
child lives outside of the district as a result of the parent's	1177
active duty status or temporary duty assignment.	1178

Sec. 3313.649. (A) As used in this section:

1179

(1) "Power of attorney" means a power of attorney created	1180
under section 3109.52 of the Revised Code.	1181

(2) "Caretaker authorization affidavit" means an affidavit	1182
executed under section 3109.67 of the Revised Code.	1183

(B) The ~~grandparent who is~~ attorney in fact under a power of	1184
attorney or the ~~grandparent~~qualified relative that executed a	1185
caretaker authorization affidavit may enroll the child who is the	1186
subject of the power of attorney or affidavit in a school in the	1187
school district in which the ~~grandparent~~attorney in fact or	1188
qualified relative resides. Unless another reason exists under the	1189
Revised Code to exclude the child, the child may attend the	1190
schools of the school district in which the ~~grandparent~~attorney	1191
in fact or qualified relative resides.	1192

Sec. 3313.672. (A)(1) At the time of initial entry to a	1193
public or nonpublic school, a pupil shall present to the person in	1194
charge of admission any records given the pupil by the public or	1195
nonpublic elementary or secondary school the pupil most recently	1196
attended; a certified copy of an order or decree, or modification	1197
of such an order or decree allocating parental rights and	1198
responsibilities for the care of a child and designating a	1199
residential parent and legal custodian of the child, as provided	1200
in division (B) of this section, if that type of order or decree	1201
has been issued; a copy of a power of attorney or caretaker	1202
authorization affidavit, if either has been executed with respect	1203
to the child pursuant to sections 3109.51 to 3109.80 of the	1204
Revised Code; and a certification of birth issued pursuant to	1205
Chapter 3705. of the Revised Code, a comparable certificate or	1206
certification issued pursuant to the statutes of another state,	1207
territory, possession, or nation, or a document in lieu of a	1208
certificate or certification as described in divisions (A)(1)(a)	1209
to (e) of this section. Any of the following shall be accepted in	1210
lieu of a certificate or certification of birth by the person in	1211
charge of admission:	1212

(a) A passport or attested transcript of a passport filed	1213
with a registrar of passports at a point of entry of the United	1214
States showing the date and place of birth of the child;	1215

(b) An attested transcript of the certificate of birth;

1216

(c) An attested transcript of the certificate of baptism or	1217
other religious record showing the date and place of birth of the	1218
child;	1219

(d) An attested transcript of a hospital record showing the	1220
date and place of birth of the child;	1221

(e) A birth affidavit.

1222

(2) If a pupil requesting admission to a school of the school	1223
district in which the pupil is entitled to attend school under	1224
section 3313.64 or 3313.65 of the Revised Code has been discharged	1225
or released from the custody of the department of youth services	1226
under section 5139.51 of the Revised Code just prior to requesting	1227
admission to the school, no school official shall admit that pupil	1228
until the records described in divisions (D)(4)(a) to (d) of	1229
section 2152.18 of the Revised Code have been received by the	1230
superintendent of the school district.	1231

(3) Except as otherwise provided in division (A)(2) of this	1232
section, within twenty-four hours of the entry into the school of	1233
a pupil described in division (A)(1) of this section, a school	1234
official shall request the pupil's official records from the	1235
public or nonpublic elementary or secondary school the pupil most	1236
recently attended. If the public or nonpublic school the pupil	1237
claims to have most recently attended indicates that it has no	1238
record of the pupil's attendance or the records are not received	1239
within fourteen days of the date of request, or if the pupil does	1240
not present a certification of birth described in division (A)(1)	1241
of this section, a comparable certificate or certification from	1242
another state, territory, possession, or nation, or another	1243
document specified in divisions (A)(1)(a) to (e) of this section,	1244
the principal or chief administrative officer of the school shall	1245
notify the law enforcement agency having jurisdiction in the area	1246
where the pupil resides of this fact and of the possibility that	1247
the pupil may be a missing child, as defined in section 2901.30 of	1248
the Revised Code.	1249

(B)(1) Whenever an order or decree allocating parental rights	1250
and responsibilities for the care of a child and designating a	1251
residential parent and legal custodian of the child, including a	1252
temporary order, is issued resulting from an action of divorce,	1253
alimony, annulment, or dissolution of marriage, and the order or	1254
decree pertains to a child who is a pupil in a public or nonpublic	1255
school, the residential parent of the child shall notify the	1256
school of those allocations and designations by providing the	1257
person in charge of admission at the pupil's school with a	1258
certified copy of the order or decree that made the allocation and	1259
designation. Whenever there is a modification of any order or	1260
decree allocating parental rights and responsibilities for the	1261
care of a child and designating a residential parent and legal	1262
custodian of the child that has been submitted to a school, the	1263
residential parent shall provide the person in charge of admission	1264
at the pupil's school with a certified copy of the order or decree	1265
that makes the modification.	1266

(2) Whenever a power of attorney is executed under sections	1267
3109.51 to 3109.62 of the Revised Code that pertains to a child	1268
who is a pupil in a public or nonpublic school, the attorney in	1269
fact shall notify the school of the power of attorney by providing	1270
the person in charge of admission with a copy of the power of	1271
attorney. Whenever a caretaker authorization affidavit is executed	1272
under sections 3109.64 to 3109.73 of the Revised Code that	1273
pertains to a child who is in a public or nonpublic school, the	1274
~~grandparent~~qualified relative who executed the affidavit shall	1275
notify the school of the affidavit by providing the person in	1276
charge of admission with a copy of the affidavit.	1277

(C) If, at the time of a pupil's initial entry to a public or	1278
nonpublic school, the pupil is under the care of a shelter for	1279
victims of domestic violence, as defined in section 3113.33 of the	1280
Revised Code, the pupil or the pupil's parent shall notify the	1281
school of that fact. Upon being so informed, the school shall	1282
inform the elementary or secondary school from which it requests	1283
the pupil's records of that fact.	1284

(D) Whenever a public or nonpublic school is notified by a	1285
law enforcement agency pursuant to division (D) of section 2901.30	1286
of the Revised Code that a missing child report has been filed	1287
regarding a pupil who is currently or was previously enrolled in	1288
the school, the person in charge of admission at the school shall	1289
mark that pupil's records in such a manner that whenever a copy of	1290
or information regarding the records is requested, any school	1291
official responding to the request is alerted to the fact that the	1292
records are those of a missing child. Upon any request for a copy	1293
of or information regarding a pupil's records that have been so	1294
marked, the person in charge of admission immediately shall report	1295
the request to the law enforcement agency that notified the school	1296
that the pupil is a missing child. When forwarding a copy of or	1297
information from the pupil's records in response to a request, the	1298
person in charge of admission shall do so in such a way that the	1299
receiving district or school would be unable to discern that the	1300
pupil's records are marked pursuant to this division but shall	1301
retain the mark in the pupil's records until notified that the	1302
pupil is no longer a missing child. Upon notification by a law	1303
enforcement agency that a pupil is no longer a missing child, the	1304
person in charge of admission shall remove the mark from the	1305
pupil's records in such a way that if the records were forwarded	1306
to another district or school, the receiving district or school	1307
would be unable to discern that the records were ever marked.	1308

Sec. 5101.802. (A) As used in this section:

1309

(1) "Custodian," "guardian," and "minor child" have the same	1310
meanings as in section 5107.02 of the Revised Code.	1311

(2) "Federal poverty guidelines" has the same meaning as in	1312
section 5101.46 of the Revised Code.	1313

(3) "Kinship caregiver" has the same meaning as in section	1314
5101.85 of the Revised Code.	1315

(B) Subject to division (E) of section 5101.801 of the	1316
Revised Code, there is hereby created the kinship permanency	1317
incentive program to promote permanency for a minor child in the	1318
legal and physical custody of a kinship caregiver. The program	1319
shall provide an initial one-time incentive payment to the kinship	1320
caregiver to defray the costs of initial placement of the minor	1321
child in the kinship caregiver's home. The program may provide	1322
additional permanency incentive payments for the minor child at	1323
six month intervals for a total period not to exceed ~~thirty-six~~	1324
sixty months.	1325

(C) A kinship caregiver may participate in the program if all	1326
of the following requirements are met:	1327

(1) The kinship caregiver applies to a public children	1328
services agency in accordance with the application process	1329
established in rules authorized by division (E) of this section;	1330

(2) Not earlier than July 1, 2005, a juvenile court issues an	1331
order granting legal custody to the kinship caregiver, or a	1332
probate court grants guardianship to the kinship caregiver, except	1333
that a temporary court order is not sufficient to meet this	1334
requirement;	1335

(3) The kinship caregiver is either the minor child's	1336
custodian or guardian;	1337

(4) The minor child resides with the kinship caregiver	1338
pursuant to a placement approval process established in rules	1339
authorized by division (E) of this section;	1340

(5) Excluding any income excluded under rules adopted under	1341
division (E) of this section, the gross income of the kinship	1342
caregiver's family, including the minor child, does not exceed	1343
three hundred per cent of the federal poverty guidelines.	1344

(D) Public children services agencies shall make initial and	1345
ongoing eligibility determinations for the kinship permanency	1346
incentive program in accordance with rules authorized by division	1347
(E) of this section. The director of job and family services shall	1348
supervise public children services agencies' duties under this	1349
section.	1350

(E) The director of job and family services shall adopt rules	1351
under division (C) of section 5101.801 of the Revised Code as	1352
necessary to implement the kinship permanency incentive program.	1353
The rules shall establish all of the following:	1354

(1) The application process for the program;

1355

(2) The placement approval process through which a minor	1356
child is placed with a kinship caregiver for the kinship caregiver	1357
to be eligible for the program;	1358

(3) The initial and ongoing eligibility determination process	1359
for the program, including the computation of income eligibility;	1360

(4) The amount of the incentive payments provided under the	1361
program;	1362

(5) The method by which the incentive payments are provided	1363
to a kinship caregiver.	1364

(F) The amendments made to this section by Am. Sub. H.B. 119	1365
of the 127th general assembly shall not affect the eligibility of	1366
any kinship caregiver whose eligibility was established before	1367
~~the effective date of the amendments~~June 30, 2007.	1368

Section 2. That existing sections 2151.33, 3109.52, 3109.53,	1369
3109.54, 3109.59, 3109.60, 3109.65, 3109.66, 3109.67, 3109.69,	1370
3109.70, 3109.71, 3109.74, 3109.76, 3109.77, 3313.64, 3313.649,	1371
3313.672, and 5101.802 of the Revised Code are hereby repealed.	1372

Section 3. Upon receipt of further guidance from the United	1373
States Department of Health and Human Services regarding the	1374
coordination of the use of the Federal Parent Locator Service	1375
between states and the federal Office of Child Support	1376
Enforcement, the Department of Job and Family Services shall adopt	1377
rules governing the use of the Federal Parent Locator Service by	1378
the Office of Child Support in the Department of Job and Family	1379
Services, and the dissemination of information contained within	1380
the Federal Parent Locator Service to public children services	1381
agencies.	1382

Section 4. (A) The Department of Job and Family Services	1383
shall conduct a feasibility study of current trends in the use of	1384
relative caregivers for the placement of children by public	1385
children services agencies into relative caregiver homes. The	1386
study shall focus on a continuum of options, including informal	1387
relative placements, judicial transfer of legal custody or	1388
guardianship to a relative caregiver and the Kinship Permanency	1389
Incentive Program, use of approved relative caregivers, relatives	1390
becoming certified foster caregivers, and relatives as adoptive	1391
parents. The study shall include agency and court practices; child	1392
outcomes addressing safety, stability and permanency; and state	1393
and local cost implications of adding a subsidized relative	1394
guardianship program in accordance with 42 U.S.C. 671(a)(28).	1395

(B) The Department of Job and Family Services shall complete	1396
the feasibility study by December 31, 2012, and shall submit the	1397
completed report to the Governor, the Speaker of the House of	1398
Representatives, and the President of the Senate.	1399

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Bill Text: OH HB279 | 2011-2012 | 129th General Assembly | Introduced

Ohio House Bill 279 (Prior Session Legislation)

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