Bill Text: OH HB279 | 2011-2012 | 129th General Assembly | Enrolled
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-Enrolled.html
To amend sections 2151.33, 3107.062, 3107.063, 3109.53, 3109.59, 3109.60, 3109.66, 3109.70, 3109.71, 3109.72, 3310.41, 5153.16, and 5153.161, to enact new section 3109.76 and sections 2151.411 and 3310.43, and to repeal sections 3109.76 and 3109.77 of the Revised Code 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.
Be it enacted by the General Assembly of the State of Ohio:
SECTION 1. That sections 2151.33, 3107.062, 3107.063, 3109.53, 3109.59, 3109.60, 3109.66, 3109.70, 3109.71, 3109.72, 3310.41, 5153.16, and 5153.161 be amended and new section 3109.76 and sections 2151.411 and 3310.43 of the Revised Code be enacted to read as follows:
Sec. 2151.33. (A) Pending hearing of a complaint filed under section 2151.27 of the Revised Code or a motion filed or made under division (B) of this section and the service of citations, the juvenile court may make any temporary disposition of any child that it considers necessary to protect the best interest of the child and that can be made pursuant to division (B) of this section. Upon the certificate of one or more reputable practicing physicians, the court may summarily provide for emergency medical and surgical treatment that appears to be immediately necessary to preserve the health and well-being of any child concerning whom a complaint or an application for care has been filed, pending the service of a citation upon the child's parents, guardian, or custodian. The court may order the parents, guardian, or custodian, if the court finds the parents, guardian, or custodian able to do so, to reimburse the court for the expense involved in providing the emergency medical or surgical treatment. Any person who disobeys the order for reimbursement may be adjudged in contempt of court and punished accordingly.
If the emergency medical or surgical treatment is furnished to a child who is found at the hearing to be a nonresident of the county in which the court is located and if the expense of the medical or surgical treatment cannot be recovered from the parents, legal guardian, or custodian of the child, the board of county commissioners of the county in which the child has a legal settlement shall reimburse the court for the reasonable cost of the emergency medical or surgical treatment out of its general fund.
(B)(1) After a complaint, petition, writ, or other document initiating a case dealing with an alleged or adjudicated abused, neglected, or dependent child is filed and upon the filing or making of a motion pursuant to division (C) of this section, the court, prior to the final disposition of the case, may issue any of the following temporary orders to protect the best interest of the child:
(a) An order granting temporary custody of the child to a particular party;
(b) An order for the taking of the child into custody pursuant to section 2151.31 of the Revised Code pending the outcome of the adjudicatory and dispositional hearings;
(c) An order granting, limiting, or eliminating parenting time or visitation rights with respect to the child;
(d) An order requiring a party to vacate a residence that will be lawfully occupied by the child;
(e) An order requiring a party to attend an appropriate counseling program that is reasonably available to that party;
(f) Any other order that restrains or otherwise controls the conduct of any party which conduct would not be in the best interest of the child.
(2) Prior to the final disposition of a case subject to division (B)(1) of this section, the court shall do both of the following:
(a) Issue an order pursuant to Chapters 3119. to 3125. of the Revised Code requiring the parents, guardian, or person charged with the child's support to pay support for the child.
(b) Issue an order requiring the parents, guardian, or person charged with the child's support to continue to maintain any health insurance coverage for the child that existed at the time of the filing of the complaint, petition, writ, or other document, or to obtain health insurance coverage in accordance with sections 3119.29 to 3119.56 of the Revised Code.
(C)(1) A court may issue an order pursuant to division (B) of this section upon its own motion or if a party files a written motion or makes an oral motion requesting the issuance of the order and stating the reasons for it. Any notice sent by the court as a result of a motion pursuant to this division shall contain a notice that any party to a juvenile proceeding has the right to be represented by counsel and to have appointed counsel if the person is indigent.
(2) If a child is taken into custody pursuant to section 2151.31 of the Revised Code and placed in shelter care, the public children services agency or private child placing agency with which the child is placed in shelter care shall file or make a motion as described in division (C)(1) of this section before the end of the next day immediately after the date on which the child was taken into custody and, at a minimum, shall request an order for temporary custody under division (B)(1)(a) of this section.
(3) A court that issues an order pursuant to division (B)(1)(b) of this section shall comply with section 2151.419 of the Revised Code.
(D) The court may grant an ex parte order upon its own motion or a motion filed or made pursuant to division (C) of this section requesting such an order if it appears to the court that the best interest and the welfare of the child require that the court issue the order immediately. The court, if acting on its own motion, or the person requesting the granting of an ex parte order, to the extent possible, shall give notice of its intent or of the request to the parents, guardian, or custodian of the child who is the subject of the request. If the court issues an ex parte order, the court shall hold a hearing to review the order within seventy-two hours after it is issued or before the end of the next day after the day on which it is issued, whichever occurs first. The court shall give written notice of the hearing to all parties to the action and shall appoint a guardian ad litem for the child prior to the hearing.
The written notice shall be given by all means that are reasonably likely to result in the party receiving actual notice and shall include all of the following:
(1) The date, time, and location of the hearing;
(2) The issues to be addressed at the hearing;
(3) A statement that every party to the hearing has a right to counsel and to court-appointed counsel, if the party is indigent;
(4) The name, telephone number, and address of the person requesting the order;
(5) A copy of the order, except when it is not possible to obtain it because of the exigent circumstances in the case.
If the court does not grant an ex parte order pursuant to a motion filed or made pursuant to division (C) of this section or its own motion, the court shall hold a shelter care hearing on the motion within ten days after the motion is filed. The court shall give notice of the hearing to all affected parties in the same manner as set forth in the Juvenile Rules.
(E) The court, pending the outcome of the adjudicatory and dispositional hearings, shall not issue an order granting temporary custody of a child to a public children services agency or private child placing agency pursuant to this section, unless the court determines and specifically states in the order that the continued residence of the child in the child's current home will be contrary to the child's best interest and welfare and the court complies with section 2151.419 of the Revised Code.
(F) Each public children services agency and private child placing agency that receives temporary custody of a child pursuant to this section shall exercise due diligence to identify and provide notice to all adult grandparents and other adult relatives of the child, including any adult relatives suggested by the parents, within thirty days of the child's removal from the custody of the child's parents, in accordance with 42 U.S.C. 671(a)(29). The agency shall also maintain in the child's case record written documentation that it has placed the child, to the extent that it is consistent with the best interest, welfare, and special needs of the child, in the most family-like setting available and in close proximity to the home of the parents, custodian, or guardian of the child.
(G) For good cause shown, any court order that is issued pursuant to this section may be reviewed by the court at any time upon motion of any party to the action or upon the motion of the court.
(H)(1) Pending the hearing of a complaint filed under section 2151.27 of the Revised Code or a motion filed or made under division (B) of this section and the service of citations, a public children services agency may request that the superintendent of the bureau of criminal identification and investigation conduct a criminal records check with respect to each parent, guardian, custodian, prospective custodian, or prospective placement whose actions resulted in a temporary disposition under division (A) of this section. The public children services agency may request that the superintendent obtain information from the federal bureau of investigation as part of the criminal records check of each parent, guardian, custodian, prospective custodian, or prospective placement.
(2) Each public children services agency authorized by division (H) of this section to request a criminal records check shall do both of the following:
(a) Provide to each parent, guardian, custodian, prospective custodian, or prospective placement for whom a criminal records check is requested a copy of the form prescribed pursuant to division (C)(1) of section 109.572 of the Revised Code and a standard fingerprint impression sheet prescribed pursuant to division (C)(2) of that section and obtain the completed form and impression sheet from the parent, guardian, custodian, prospective custodian, or prospective placement;
(b) Forward the completed form and impression sheet to the superintendent of the bureau of criminal identification and investigation.
(3) A parent, guardian, custodian, prospective custodian, or prospective placement who is given a form and fingerprint impression sheet under division (H)(2)(a) of this section and who fails to complete the form or provide fingerprint impressions may be held in contempt of court.
Sec. 2151.411. Whenever a child comes into the custody of a public children services agency, either as part of a sibling group or subsequent to the previous placement of a sibling, the agency is strongly encouraged to make reasonable efforts to place the siblings together, unless it would be contrary to the siblings' best interest or well-being. If siblings are not placed together, the agency should make reasonable efforts to ensure the siblings maintain frequent connections through visitation or other ongoing interaction, unless contrary to the siblings' placement or well-being.
Sec. 3107.062. The department of job and family services
shall establish a putative father registry. To register, a
putative father must complete a registration form prescribed under
section 3107.065 of the Revised Code and submit it to the
department. The registration form shall include the putative
father's name; the name of the mother of the person he claims as
his child; and the address or telephone number at which he wishes
to receive, pursuant to section 3107.11 of the Revised Code,
notice of a any petition that may be filed to adopt the a minor he
claims as his child; and the name of the mother of the minor.
A putative father may register at any time. For the purpose of preserving the requirement of his consent to an adoption, a putative father shall register before or not later than thirty days after the birth of the child. No fee shall be charged for registration.
On receipt of a completed registration form, the department shall indicate on the form the date of receipt and file it in the putative father registry. The department shall maintain registration forms in a manner that enables it to access a registration form using either the name of the putative father or of the mother.
Sec. 3107.063. A An attorney arranging a minor's adoption, a
mother or an, a public children services agency, a private
noncustodial agency, or attorney arranging a
minor's adoption
private child placing agency may request at any time that the
department of job and family services search the putative father
registry to determine whether a man is registered as the minor's
putative father. The request shall include the mother's name. On
receipt of the request, the department shall search the registry.
If the department determines that a man is registered as the
minor's putative father, it shall provide the attorney, mother, or
agency, or attorney a certified copy of the man's registration
form. If the department determines that no man is registered as
the minor's putative father, it shall provide the
attorney,
mother, or agency, or attorney a certified written statement to
that effect. The department shall specify in the statement the
date the search request was submitted. No fee shall be charged for
searching the registry.
Division (B) of section 3107.17 of the Revised Code does not apply to this section.
Sec. 3109.53. To create a power of attorney under section 3109.52 of the Revised Code, a parent, guardian, or custodian shall use a form that is identical in form and content to the following:
I, the undersigned, residing at ..........., in the county of .........., state of .........., hereby appoint the child's grandparent, .........., residing at .........., in the county of ..........., in the state of Ohio, with whom the child of whom I am the parent, guardian, or custodian is residing, my attorney in fact to exercise any and all of my rights and responsibilities regarding the care, physical custody, and control of the child, .........., born .........., having social security number (optional) .........., except my authority to consent to marriage or adoption of the child .........., and to perform all acts necessary in the execution of the rights and responsibilities hereby granted, as fully as I might do if personally present. The rights I am transferring under this power of attorney include the ability to enroll the child in school, to obtain from the school district educational and behavioral information about the child, to consent to all school-related matters regarding the child, and to consent to medical, psychological, or dental treatment for the child. This transfer does not affect my rights in 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. This transfer does not terminate my right to have regular contact with the child.
I hereby certify that I am transferring the rights and responsibilities designated in this power of attorney because one of the following circumstances exists:
(1) I am: (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 my 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) I am a parent of the child, the child's other parent is deceased, and I have authority to execute the power of attorney; or
(3) I have a well-founded belief that the power of attorney is in the child's best interest.
I hereby certify that I am not transferring my rights and responsibilities regarding the child 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.
I understand that this document does not authorize a child support enforcement agency to redirect child support payments to the grandparent designated as attorney in fact. 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.
If there is a court order naming me the residential parent and legal custodian of the child who is the subject of this power of attorney and I am the sole parent signing this document, I hereby certify that one of the following is the case:
(1) I have made reasonable efforts to locate and provide notice of the creation of this power of attorney to the other parent and have been unable to locate that parent;
(2) The other parent is prohibited from receiving a notice of relocation; or
(3) The parental rights of the other parent have been terminated by order of a juvenile court.
This POWER OF ATTORNEY is valid until the occurrence of
whichever of the following events occurs first: (1) one year
elapses following the date this POWER OF ATTORNEY is notarized;
(2) I revoke this POWER OF ATTORNEY in writing; (3) the child
ceases to reside with and give notice of the revocation to the
grandparent designated as attorney in fact; (4) and the juvenile
court with which this POWER OF ATTORNEY was filed; (2) the child
ceases to reside with the grandparent designated as attorney in
fact; (3) this POWER OF ATTORNEY is terminated by court order;
(5)(4) the death of the child who is the subject of the power of
attorney; or
(6)(5) the death of the grandparent designated as
the attorney in fact.
WARNING: DO NOT EXECUTE THIS POWER OF ATTORNEY IF ANY STATEMENT MADE IN THIS INSTRUMENT IS UNTRUE. FALSIFICATION IS A CRIME UNDER SECTION 2921.13 OF THE REVISED CODE, PUNISHABLE BY THE SANCTIONS UNDER CHAPTER 2929. OF THE REVISED CODE, INCLUDING A TERM OF IMPRISONMENT OF UP TO 6 MONTHS, A FINE OF UP TO $1,000, OR BOTH.
Witness my hand this ...... day of ........., .....
| ..................................... | |||
| Parent/Custodian/Guardian's signature | |||
| ................................... | |||
| Parent's signature | |||
| ..................................... | |||
| Grandparent designated as attorney in fact |
State of Ohio )
) ss:
County of ................)
Subscribed, sworn to, and acknowledged before me this ...... day of ........., .............
| ..................................... | |||
| Notary Public |
Notices:
| 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. | |||
| 2. | The signatures of the parent, guardian, or custodian of the child and the grandparent designated as the attorney in fact must be notarized by an Ohio notary public. | |||
| 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. | |||
| 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. | |||
| 5. | ||||
| 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. | ||||
| A person or entity that relies on this power of attorney, in good faith, has no obligation to make any further inquiry or investigation. | ||||
| This power of attorney terminates on the occurrence of whichever of the following occurs first: (1) |
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| If this power of attorney terminates other than by the death of the attorney in fact, the grandparent who served as the attorney in fact shall notify, in writing, all of the following: | ||||
| (a) Any schools, health care providers, or health insurance coverage provider with which the child has been involved through the grandparent; | ||||
| (b) Any other person or entity that has an ongoing relationship with the child or grandparent such that the other person or entity would reasonably rely on the power of attorney unless notified of the termination; | ||||
| (c) The court in which the power of attorney was filed after its creation; |
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| (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 shall make the notifications not later than one week after the date the power of attorney terminates. | ||||
| 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. |
Additional information:
To the grandparent designated as attorney in fact:
| 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. | |||
| 2. | You must include with the power of attorney the following information: | |||
| (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; | ||||
| (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; | ||||
| (c) Whether you have information of any parenting proceeding concerning the child pending in a court of this or any other state; | ||||
| (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; | ||||
| (e) Whether you previously have been convicted of or pleaded guilty to any criminal offense involving any act that resulted in a |
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| 3. | If you receive written notice of revocation of the power of attorney or the parent, custodian, or guardian removes the child from your home and if you believe that the revocation or removal is not in the best interest of the child, you may, within fourteen days, file a complaint in the juvenile court to seek custody. You may retain physical custody of the child until the fourteen-day period elapses or, if you file a complaint, until the court orders otherwise. |
To school officials:
| 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 designated as attorney in fact resides and that grandparent 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. | |||
| 2. | The school district may require additional reasonable evidence that the grandparent lives in the school district. | |||
| 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. |
To health care providers:
| 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 designated as attorney in fact are notarized. | |||
| 2. | The decision of a grandparent 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. |
Sec. 3109.59. (A) A power of attorney created under section 3109.52 of the Revised Code terminates on the occurrence of whichever of the following events 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, and that person gives written notice of the
revocation to the grandparent designated as the attorney in fact
and to the juvenile court with which the power of attorney was
filed.
(3)(2) The child ceases to reside with the grandparent
designated as the attorney in fact.
(4)(3) The power of attorney is terminated by court order.
(5)(4) The death of the child who is the subject of the power
of attorney.
(6)(5) The death of the grandparent designated as the
attorney in fact.
(B) Not later than five days after a power of attorney is
terminated pursuant to division (A)(2) of this section revoked, a
copy of the revocation of an initial the power of attorney or a
second or subsequent power of attorney must be filed with the
court with which the power of attorney is filed pursuant to
section 3109.76 3109.74 of the Revised Code.
Sec. 3109.60. When a power of attorney created pursuant to
section 3109.52 of the Revised Code terminates pursuant to
division (A)(1), (A)(2), (A)(3), (A) or (4), or (A)(5) of section
3109.59 of the Revised Code, the grandparent designated as the
attorney in fact shall notify, in writing, all of the following:
(A) The school district in which the child attends school;
(B) The child's health care providers;
(C) The child's health insurance coverage provider;
(D) The court in which the power of attorney was filed under section 3109.74 of the Revised Code;
(E) The parent who is not the residential parent and legal custodian and who is required to be given notice under section 3109.55 of the Revised Code;
(F) Any other person or entity that has an ongoing relationship with the child or grandparent such that the person or entity would reasonably rely on the power of attorney unless notified of the termination.
The grandparent shall make the notifications not later than one week after the date the power of attorney terminates.
Sec. 3109.66. The caretaker authorization affidavit that a grandparent described in section 3109.65 of the Revised Code may execute shall be identical in form and content to the following:
Use of this affidavit is authorized by sections 3109.65 to 3109.73 of the Ohio Revised Code.
Completion of items 1-7 and the signing and notarization of this affidavit is sufficient to authorize the grandparent signing to exercise care, physical custody, and control of the child who is its subject, including authority to enroll the child in school, to discuss with the school district the child's educational progress, to consent to all school-related matters regarding the child, and to consent to medical, psychological, or dental treatment for the child.
The child named below lives in my home, I am 18 years of age or older, and I am the child's grandparent.
| 1. | Name of child: | |||
| 2. | Child's date and year of birth: | |||
| 3. | Child's social security number (optional): | |||
| 4. | My name: | |||
| 5. | My home address: | |||
| 6. | My date and year of birth: | |||
| 7. | My Ohio driver's license number or identification card number: | |||
| 8. | Despite having made reasonable attempts, I am either: | |||
| (a) Unable to locate or contact the child's parents, or the child's guardian or custodian; or | ||||
| (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 | ||||
| (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: | ||||
| (i) The parent has been prohibited from receiving notice of a relocation; or | ||||
| (ii) The parental rights of the parent have been terminated. | ||||
| 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. | |||
| 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. |
WARNING: DO NOT SIGN THIS FORM IF ANY OF THE ABOVE STATEMENTS ARE INCORRECT. FALSIFICATION IS A CRIME UNDER SECTION 2921.13 OF THE REVISED CODE, PUNISHABLE BY THE SANCTIONS UNDER CHAPTER 2929. OF THE REVISED CODE, INCLUDING A TERM OF IMPRISONMENT OF UP TO 6 MONTHS, A FINE OF UP TO $1,000, OR BOTH.
I declare that the foregoing is true and correct:
Signed:.......................... Date:......................
Grandparent
State of Ohio )
) ss:
County of ................)
Subscribed, sworn to, and acknowledged before me this ...... day of ........., .............
| ..................................... | |||
| Notary Public |
Notices:
| 1. | The grandparent's signature must be notarized by an Ohio notary public. | |||
| 2. | The grandparent who executed this affidavit must file it with the juvenile court of the county in which the grandparent 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. | |||
| 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 legal custody of the child. | ||||
| A person or entity that relies on this affidavit, in good faith, has no obligation to make any further inquiry or investigation. | ||||
| This affidavit terminates on the occurrence of whichever of the following occurs first: (1) |
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| A parent, guardian, or custodian may negate, reverse, or disapprove a grandparent's action or decision only by delivering written notice of negation, reversal, or disapproval to the grandparent and the person acting on the grandparent's action or decision in reliance on this affidavit. | ||||
| If this affidavit terminates other than by the death of the grandparent, the grandparent who signed this affidavit shall notify, in writing, all of the following: | ||||
| (a) Any schools, health care providers, or health insurance coverage provider with which the child has been involved through the grandparent; | ||||
| (b) Any other person or entity that has an ongoing relationship with the child or grandparent such that the person or entity would reasonably rely on the affidavit unless notified of the termination; | ||||
| (c) The court in which the affidavit was filed after its creation. | ||||
| The grandparent shall make the notifications not later than one week after the date the affidavit terminates. | ||||
| The decision of a grandparent 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. |
Additional information:
To caretakers:
| 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 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. | |||
| 2. | 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. | |||
| 3. | You must include with the caretaker authorization affidavit the following information: | |||
| (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; | ||||
| (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; | ||||
| (c) Whether you have information of any parenting proceeding concerning the child pending in a court of this or any other state; | ||||
| (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; | ||||
| (e) Whether you previously have been convicted of or pleaded guilty to any criminal offense involving any act that resulted in a |
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| 4. | If the child's parent, guardian, or custodian acts to terminate the caretaker authorization affidavit by delivering a written notice of negation, reversal, or disapproval of an action or decision of yours or removes the child from your home and if you believe that the termination or removal is not in the best interest of the child, you may, within fourteen days, file a complaint in the juvenile court to seek custody. You may retain physical custody of the child until the fourteen-day period elapses or, if you file a complaint, until the court orders otherwise. |
To school officials:
| 1. | This affidavit, properly completed and notarized, authorizes the child in question to attend school in the district in which the grandparent who signed this affidavit resides and the grandparent 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. | |||
| 2. | The school district may require additional reasonable evidence that the grandparent lives at the address provided in item 5 of the affidavit. | |||
| 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. | |||
| 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 who signed this affidavit constitutes termination of this affidavit. A parent, guardian, or custodian may negate, reverse, or disapprove a grandparent's action or decision only by delivering written notice of negation, reversal, or disapproval to the grandparent and the person acting on the grandparent's action or decision in reliance on this affidavit. |
To health care providers:
| 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 signature is notarized. | |||
| 2. | The decision of a grandparent, 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. | |||
| 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 who signed this affidavit constitutes termination of this affidavit. A parent, guardian, or custodian may negate, reverse, or disapprove a grandparent's action or decision only by delivering written notice of negation, reversal, or disapproval to the grandparent and the person acting on the grandparent's action or decision in reliance on this affidavit. |
Sec. 3109.70. An executed caretaker authorization affidavit shall terminate on the occurrence of whichever of the following comes first:
(A) One year elapses following the date the affidavit is
notarized.
(B) The child ceases to reside with the grandparent.
(C)(B) The parent, guardian, or custodian of the child who is
the subject of the affidavit acts, in accordance with section
3109.72 of the Revised Code, to negate, reverse, or otherwise
disapprove an action or decision of the grandparent who signed the
affidavit with respect to the child, and the grandparent either
voluntarily returns the child to the physical custody of the
parent, guardian, or custodian or fails to file a complaint to
seek custody within fourteen days after the delivery of written
notice of negation, reversal, or other disapproval.
(D)(C) The affidavit is terminated by court order.
(E)(D) The death of the child who is the subject of the
affidavit.
(F)(E) The death of the grandparent who executed the
affidavit.
Sec. 3109.71. When a caretaker authorization affidavit
terminates pursuant to division (A), (B), (C), or (D), or (E) of
section 3109.70 of the Revised Code, the grandparent shall notify,
in writing, the school district in which the child attends school,
the child's health care providers, the child's health insurance
coverage provider, the court in which the affidavit was filed
under section 3109.74 of the Revised Code, and any other person or
entity that has an ongoing relationship with the child or
grandparent such that the person or entity would reasonably rely
on the affidavit unless notified of the termination. The
grandparent shall make the notifications not later than one week
after the date the affidavit terminates.
Sec. 3109.72. The parent, guardian, or custodian of a child may negate, reverse, or otherwise disapprove any action taken or decision made pursuant to a caretaker authorization affidavit unless negation, reversal, or disapproval would jeopardize the life, health, or safety of the child. A parent, guardian, or custodian may negate, reverse, or disapprove a caretaker's action or decision only by delivering written notice of negation, reversal, or disapproval to the caretaker and the person responding to the caretaker's action or decision in reliance on the affidavit. The act to negate, reverse, or disapprove the action or decision, regardless of whether it is effective, terminates the affidavit as of the date the caretaker returns the child to the parent, guardian, or custodian or upon the expiration of fourteen days from the delivery of written notice of the negation, reversal, or disapproval if the caretaker has not filed a complaint in the interim pursuant to section 3109.76 of the Revised Code.
Sec. 3109.76. (A) A grandparent who has physical custody of a child under a power of attorney, within fourteen days after the child's parent, guardian, or custodian gives written notice of revocation of the power of attorney to the grandparent and files a written notice of revocation of the power of attorney with the juvenile court or within fourteen days after removal of the child from the grandparent's home, may file a complaint under division (A)(2) of section 2151.23 or division (D) of section 2151.27 of the Revised Code seeking a determination of custody if the grandparent believes that the revocation or removal is not in the best interest of the child.
(B) A grandparent who has physical custody of a child under a caretaker authorization affidavit, within fourteen days after a parent, guardian, or custodian terminates the affidavit by delivering a written notice of negation, reversal, or disapproval of an action or decision of the grandparent or within fourteen days after removal of the child from the grandparent's home, may file a complaint under division (A)(2) of section 2151.23 or division (D) of section 2151.27 of the Revised Code seeking a determination of custody if the grandparent believes that the termination or removal is not in the best interest of the child.
(C) Pending a hearing and decision on a complaint filed under division (A) or (B) of this section, the juvenile court, in accordance with section 2151.33 of the Revised Code, may make any temporary disposition of any child that it considers necessary to protect the best interest of the child.
(D) If a parent, guardian, or custodian revokes a power of attorney or terminates a caretaker authorization affidavit, the grandparent may retain custody of the child until the fourteen-day period for filing a complaint under division (A) or (B) of this section has expired or, if the grandparent files a complaint, until the court orders otherwise.
Sec. 3310.41. (A) As used in this section:
(1) "Alternative public provider" means either of the following providers that agrees to enroll a child in the provider's special education program to implement the child's individualized education program and to which the child's parent owes fees for the services provided to the child:
(a) A school district that is not the school district in which the child is entitled to attend school;
(b) A public entity other than a school district.
(2) "Entitled to attend school" means entitled to attend school in a school district under section 3313.64 or 3313.65 of the Revised Code.
(3) "Formula ADM" and "category six special education ADM" have the same meanings as in section 3317.02 of the Revised Code.
(4) "Preschool child with a disability" and "individualized education program" have the same meanings as in section 3323.01 of the Revised Code.
(5) "Parent" has the same meaning as in section 3313.64 of the Revised Code, except that "parent" does not mean a parent whose custodial rights have been terminated.
(6) "Preschool scholarship ADM" means the number of preschool children with disabilities reported under division (B)(3)(h) of section 3317.03 of the Revised Code.
(7) "Qualified special education child" is a child for whom all of the following conditions apply:
(a) The school district in which the child is entitled to attend school has identified the child as autistic. A child who has been identified as having a "pervasive developmental disorder - not otherwise specified (PPD-NOS)" shall be considered to be an autistic child for purposes of this section.
(b) The school district in which the child is entitled to attend school has developed an individualized education program under Chapter 3323. of the Revised Code for the child.
(c) The child either:
(i) Was enrolled in the school district in which the child is entitled to attend school in any grade from preschool through twelve in the school year prior to the year in which a scholarship under this section is first sought for the child; or
(ii) Is eligible to enter school in any grade preschool through twelve in the school district in which the child is entitled to attend school in the school year in which a scholarship under this section is first sought for the child.
(8) "Registered private provider" means a nonpublic school or other nonpublic entity that has been approved by the department of education to participate in the program established under this section.
(9) "Special education program" means a school or facility that provides special education and related services to children with disabilities.
(B) There is hereby established the autism scholarship program. Under the program, the department of education shall pay a scholarship to the parent of each qualified special education child upon application of that parent pursuant to procedures and deadlines established by rule of the state board of education. Each scholarship shall be used only to pay tuition for the child on whose behalf the scholarship is awarded to attend a special education program that implements the child's individualized education program and that is operated by an alternative public provider or by a registered private provider, and to pay for other services agreed to by the provider and the parent of a qualified special education child that are not included in the individualized education program but are associated with educating the child. Upon agreement with the parent of a qualified special education child, the alternative public provider or the registered private provider may modify the services provided to the child. Each scholarship shall be in an amount not to exceed the lesser of the tuition charged for the child by the special education program or twenty thousand dollars. The purpose of the scholarship is to permit the parent of a qualified special education child the choice to send the child to a special education program, instead of the one operated by or for the school district in which the child is entitled to attend school, to receive the services prescribed in the child's individualized education program once the individualized education program is finalized and any other services agreed to by the provider and the parent of a qualified special education child. The services provided under the scholarship shall include an educational component or services designed to assist the child to benefit from the child's education.
A scholarship under this section shall not be awarded to the parent of a child while the child's individualized education program is being developed by the school district in which the child is entitled to attend school, or while any administrative or judicial mediation or proceedings with respect to the content of the child's individualized education program are pending. A scholarship under this section shall not be used for a child to attend a public special education program that operates under a contract, compact, or other bilateral agreement between the school district in which the child is entitled to attend school and another school district or other public provider, or for a child to attend a community school established under Chapter 3314. of the Revised Code. However, nothing in this section or in any rule adopted by the state board shall prohibit a parent whose child attends a public special education program under a contract, compact, or other bilateral agreement, or a parent whose child attends a community school, from applying for and accepting a scholarship under this section so that the parent may withdraw the child from that program or community school and use the scholarship for the child to attend a special education program for which the parent is required to pay for services for the child.
Except for development of the child's individualized education program, the school district in which a qualified special education child is entitled to attend school and the child's school district of residence, as defined in section 3323.01 of the Revised Code, if different, are not obligated to provide the child with a free appropriate public education under Chapter 3323. of the Revised Code for as long as the child continues to attend the special education program operated by either an alternative public provider or a registered private provider for which a scholarship is awarded under the autism scholarship program. If at any time, the eligible applicant for the child decides no longer to accept scholarship payments and enrolls the child in the special education program of the school district in which the child is entitled to attend school, that district shall provide the child with a free appropriate public education under Chapter 3323. of the Revised Code.
A child attending a special education program with a scholarship under this section shall continue to be entitled to transportation to and from that program in the manner prescribed by law.
(C)(1) As prescribed in divisions (A)(2)(h), (B)(3)(g), and (B)(10) of section 3317.03 of the Revised Code, a child who is not a preschool child with a disability for whom a scholarship is awarded under this section shall be counted in the formula ADM and the category six special education ADM of the district in which the child is entitled to attend school and not in the formula ADM and the category six special education ADM of any other school district. As prescribed in divisions (B)(3)(h) and (B)(10) of section 3317.03 of the Revised Code, a child who is a preschool child with a disability for whom a scholarship is awarded under this section shall be counted in the preschool scholarship ADM and category six special education ADM of the school district in which the child is entitled to attend school and not in the preschool scholarship ADM or category six special education ADM of any other school district.
(2) In each fiscal year, the department shall deduct from the amounts paid to each school district under Chapter 3317. of the Revised Code, and, if necessary, sections 321.24 and 323.156 of the Revised Code, the aggregate amount of scholarships awarded under this section for qualified special education children included in the formula ADM, or preschool scholarship ADM, and in the category six special education ADM of that school district as provided in division (C)(1) of this section.
The scholarships deducted shall be considered as an approved special education and related services expense of the school district.
(3) From time to time, the department shall make a payment to the parent of each qualified special education child for whom a scholarship has been awarded under this section. The scholarship amount shall be proportionately reduced in the case of any such child who is not enrolled in the special education program for which a scholarship was awarded under this section for the entire school year. The department shall make no payments to the parent of a child while any administrative or judicial mediation or proceedings with respect to the content of the child's individualized education program are pending.
(D) A scholarship shall not be paid to a parent for payment of tuition owed to a nonpublic entity unless that entity is a registered private provider. The department shall approve entities that meet the standards established by rule of the state board for the program established under this section.
(E) The state board shall adopt rules under Chapter 119. of the Revised Code prescribing procedures necessary to implement this section, including, but not limited to, procedures and deadlines for parents to apply for scholarships, standards for registered private providers, and procedures for approval of entities as registered private providers.
The rules also shall specify that intervention services under the autism scholarship program may be provided by a qualified, credentialed provider, including, but not limited to, all of the following:
(1) A behavior analyst certified by a nationally recognized organization that certifies behavior analysts;
(2) A psychologist licensed to practice in this state under Chapter 4732. of the Revised Code;
(3) A school psychologist licensed by the state board under section 3319.22 of the Revised Code;
(4) Any person employed by a licensed psychologist or licensed school psychologist, while carrying out specific tasks, under the licensee's supervision, as an extension of the licensee's legal and ethical authority as specified under Chapter 4732. of the Revised Code who is ascribed as "psychology trainee," "psychology assistant," "psychology intern," or other appropriate term that clearly implies their supervised or training status;
(5) Unlicensed persons holding a doctoral degree in psychology or special education from a program approved by the state board;
(6) Any other qualified individual as determined by the state board.
(F) The department shall provide reasonable notice to all parents of children receiving a scholarship under the autism scholarship program, alternative public providers, and registered private providers of any amendment to a rule governing, or change in the administration of, the autism scholarship program.
Sec. 3310.43. (A) As used in this section:
(1) "Registered private provider" has the same meaning as in section 3310.41 of the Revised Code.
(2) "Two years of study" means the equivalent of forty-eight semester hours or seventy-two quarter hours.
(B) The state board of education may issue an instructional assistant permit to an individual, upon the request of a registered private provider, qualifying that individual to provide services to a child under the autism scholarship program under section 3310.41 of the Revised Code. The permit shall be valid for one year from the date of issue and shall be renewable.
For an individual to qualify for a permit under this section, the registered private provider shall assure to the state board all of the following:
(1) The individual is of good moral character.
(2) The individual possesses the appropriate skills necessary to perform the duties of an instructional assistant, including the supervision of children and assistance with instructional tasks.
(3) The individual demonstrates the potential to benefit from and consents to participating in in-service training, as required by the registered private provider.
(4) The individual either:
(a) Has an associate degree or higher from an accredited institution of higher education;
(b) Has completed at least two years of study at an accredited institution of higher education.
(C) An individual issued a permit under this section may provide instructional services in the home of a child so long as the individual is subject to adequate training and supervision. The state board shall adopt rules, pursuant to Chapter 119. of the Revised Code, regarding how providers will demonstrate this supervision.
(D) An individual issued a permit under this section shall be subject to the requirements of sections 3319.291, 3319.31, 3319.311, and 3319.313 of the Revised Code.
Sec. 5153.16. (A) Except as provided in section 2151.422 of the Revised Code, in accordance with rules adopted under section 5153.166 of the Revised Code, and on behalf of children in the county whom the public children services agency considers to be in need of public care or protective services, the public children services agency shall do all of the following:
(1) Make an investigation concerning any child alleged to be an abused, neglected, or dependent child;
(2) Enter into agreements with the parent, guardian, or other person having legal custody of any child, or with the department of job and family services, department of mental health, department of developmental disabilities, other department, any certified organization within or outside the county, or any agency or institution outside the state, having legal custody of any child, with respect to the custody, care, or placement of any child, or with respect to any matter, in the interests of the child, provided the permanent custody of a child shall not be transferred by a parent to the public children services agency without the consent of the juvenile court;
(3) Accept custody of children committed to the public children services agency by a court exercising juvenile jurisdiction;
(4) Provide such care as the public children services agency considers to be in the best interests of any child adjudicated to be an abused, neglected, or dependent child the agency finds to be in need of public care or service;
(5) Provide social services to any unmarried girl adjudicated to be an abused, neglected, or dependent child who is pregnant with or has been delivered of a child;
(6) Make available to the bureau for children with medical handicaps of the department of health at its request any information concerning a crippled child found to be in need of treatment under sections 3701.021 to 3701.028 of the Revised Code who is receiving services from the public children services agency;
(7) Provide temporary emergency care for any child considered by the public children services agency to be in need of such care, without agreement or commitment;
(8) Find certified foster homes, within or outside the county, for the care of children, including handicapped children from other counties attending special schools in the county;
(9) Subject to the approval of the board of county commissioners and the state department of job and family services, establish and operate a training school or enter into an agreement with any municipal corporation or other political subdivision of the county respecting the operation, acquisition, or maintenance of any children's home, training school, or other institution for the care of children maintained by such municipal corporation or political subdivision;
(10) Acquire and operate a county children's home, establish, maintain, and operate a receiving home for the temporary care of children, or procure certified foster homes for this purpose;
(11) Enter into an agreement with the trustees of any district children's home, respecting the operation of the district children's home in cooperation with the other county boards in the district;
(12) Cooperate with, make its services available to, and act as the agent of persons, courts, the department of job and family services, the department of health, and other organizations within and outside the state, in matters relating to the welfare of children, except that the public children services agency shall not be required to provide supervision of or other services related to the exercise of parenting time rights granted pursuant to section 3109.051 or 3109.12 of the Revised Code or companionship or visitation rights granted pursuant to section 3109.051, 3109.11, or 3109.12 of the Revised Code unless a juvenile court, pursuant to Chapter 2151. of the Revised Code, or a common pleas court, pursuant to division (E)(6) of section 3113.31 of the Revised Code, requires the provision of supervision or other services related to the exercise of the parenting time rights or companionship or visitation rights;
(13) Make investigations at the request of any superintendent of schools in the county or the principal of any school concerning the application of any child adjudicated to be an abused, neglected, or dependent child for release from school, where such service is not provided through a school attendance department;
(14) Administer funds provided under Title IV-E of the "Social Security Act," 94 Stat. 501 (1980), 42 U.S.C.A. 671, as amended, in accordance with rules adopted under section 5101.141 of the Revised Code;
(15) In addition to administering Title IV-E adoption assistance funds, enter into agreements to make adoption assistance payments under section 5153.163 of the Revised Code;
(16) Implement a system of safety and risk assessment, in accordance with rules adopted by the director of job and family services, to assist the public children services agency in determining the risk of abuse or neglect to a child;
(17) Enter into a plan of cooperation with the board of county commissioners under section 307.983 of the Revised Code and comply with each fiscal agreement the board enters into under section 307.98 of the Revised Code that include family services duties of public children services agencies and contracts the board enters into under sections 307.981 and 307.982 of the Revised Code that affect the public children services agency;
(18) Make reasonable efforts to prevent the removal of an alleged or adjudicated abused, neglected, or dependent child from the child's home, eliminate the continued removal of the child from the child's home, or make it possible for the child to return home safely, except that reasonable efforts of that nature are not required when a court has made a determination under division (A)(2) of section 2151.419 of the Revised Code;
(19) Make reasonable efforts to place the child in a timely manner in accordance with the permanency plan approved under division (E) of section 2151.417 of the Revised Code and to complete whatever steps are necessary to finalize the permanent placement of the child;
(20) Administer a Title IV-A program identified under division (A)(4)(c) or (f) of section 5101.80 of the Revised Code that the department of job and family services provides for the public children services agency to administer under the department's supervision pursuant to section 5101.801 of the Revised Code;
(21) Administer the kinship permanency incentive program created under section 5101.802 of the Revised Code under the supervision of the director of job and family services;
(22) Provide independent living services pursuant to sections 2151.81 to 2151.84 of the Revised Code;
(23) File a missing child report with a local law enforcement agency upon becoming aware that a child in the custody of the public children services agency is or may be missing.
(B) The public children services agency shall use the system implemented pursuant to division (A)(16) of this section in connection with an investigation undertaken pursuant to division (F)(1) of section 2151.421 of the Revised Code to assess both of the following:
(1) The ongoing safety of the child;
(2) The appropriateness of the intensity and duration of the services provided to meet child and family needs throughout the duration of a case.
(C) Except as provided in section 2151.422 of the Revised Code, in accordance with rules of the director of job and family services, and on behalf of children in the county whom the public children services agency considers to be in need of public care or protective services, the public children services agency may do the following:
(1) Provide or find, with other child serving systems, specialized foster care for the care of children in a specialized foster home, as defined in section 5103.02 of the Revised Code, certified under section 5103.03 of the Revised Code;
(2)(a) Except as limited by divisions (C)(2)(b) and (c) of this section, contract with the following for the purpose of assisting the agency with its duties:
(i) County departments of job and family services;
(ii) Boards of alcohol, drug addiction, and mental health services;
(iii) County boards of developmental disabilities;
(iv) Regional councils of political subdivisions established under Chapter 167. of the Revised Code;
(v) Private and government providers of services;
(vi) Managed care organizations and prepaid health plans.
(b) A public children services agency contract under division (C)(2)(a) of this section regarding the agency's duties under section 2151.421 of the Revised Code may not provide for the entity under contract with the agency to perform any service not authorized by the department's rules.
(c) Only a county children services board appointed under section 5153.03 of the Revised Code that is a public children services agency may contract under division (C)(2)(a) of this section. If an entity specified in division (B) or (C) of section 5153.02 of the Revised Code is the public children services agency for a county, the board of county commissioners may enter into contracts pursuant to section 307.982 of the Revised Code regarding the agency's duties.
Sec. 5153.161. (A) As used in this section, "qualified nonrelative" means a nonrelative adult whom a child or the current custodial caretaker of a child identifies as having a familiar and longstanding relationship or bond with the child or the child's family that will ensure the child's social and cultural ties.
(B) Care provided by the public children services agency under division (A)(4) of section 5153.16 of the Revised Code shall be provided by the agency, by its own means or through other available resources, in the child's own home, in the home of a relative or qualified nonrelative, or in a certified foster home, any other home approved by the court, receiving home, school, hospital, convalescent home, or other public or private institution within or outside the county or state.
SECTION 2. That existing sections 2151.33, 3107.062, 3107.063, 3109.53, 3109.59, 3109.60, 3109.66, 3109.70, 3109.71, 3109.72, 3310.41, 5153.16, and 5153.161 and sections 3109.76 and 3109.77 of the Revised Code are hereby repealed.
SECTION 3. (A) The Department of Job and Family Services shall develop recommendations for implementation of a subsidized relative guardianship program in accordance with 42 U.S.C. Section 671(a)(28). In developing the recommendations, the Department shall consult with representatives of the Ohio Kinship Caregiver Advisory Council and county public children services agencies. The recommendations shall address required legislative authority, state and local cost implications, and activities necessary for implementation of the program.
(B) The Department shall submit to the Governor, the Speaker of the House of Representatives, and the President of the Senate a brief preliminary status report of its work under division (A) of this section not later than December 31, 2013, and a final report, including a work plan, not later than twelve months after the effective date of this act.
SECTION 4. Notwithstanding any provision of the Revised Code to the contrary, individuals that provide services to a child under the autism scholarship program shall not be required to comply with the requirements of section 3310.43 of the Revised Code as enacted by this act until twelve months after the effective date of this section.
SECTION 5. If a parent of a qualified special education child received payment for a provider's services under the Autism Scholarship Program, under section 3310.41 of the Revised Code, during the 2011-2012 school year but did not receive payment for services provided by the same provider between July 1, 2012, and the effective date of this section, the Department of Education shall, within thirty days after receiving a written request from the parent, make a payment to the parent to account for services provided during that period by that provider. These payments shall be made in accordance with the allocation procedures agreed upon by the parents prior to the 2012-2013 school year, as filed with the Department. A parent's written request shall be submitted to the Department not later than sixty days after the effective date of this section and shall include a description of all services for which the parent wishes to receive payment and the amount paid or owed by the parent for those services.
SECTION 6. Sections 2151.33, 3107.062, 3107.063, 3109.53, 3109.59, 3109.60, 3109.66, 3109.70, 3109.71, 3109.72, 5153.16, and 5153.161 of the Revised Code, as amended by this act, and new section 3109.76 and section 2151.411 of the Revised Code, as enacted by this act, and the repeal of sections 3109.76 and 3109.77 of the Revised Code by this act, shall take effect ninety days after the effective date of this act.
SECTION 7. This act is hereby declared to be an emergency measure necessary for the immediate preservation of the public peace, health, and safety. The reason for such necessity is to facilitate timely certification of instructional aides to provide services to children with special needs, including those on the autism spectrum. Therefore, this act shall go into immediate effect.
