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, 1
3109.59, 3109.60, 3109.65, 3109.66, 3109.67, 2
3109.69, 3109.70, 3109.71, 3109.74, 3109.76, 3
3109.77, 3313.64, 3313.649, 3313.672, and 5101.802 4
and to enact sections 2151.411 and 3109.64 of the 5
Revised Code to expand the class of persons who 6
may execute a caretaker authorization affidavit or 7
be designated as attorney in fact under a power of 8
attorney for the purpose of exercising authority 9
over the care, custody, and control of a child and 10
to enhance Ohio's policies regarding kinship 11
caregivers.12


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
childperson 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
or222

        (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 grandparentperson 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; or244

        (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 grandparentperson 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 grandparentperson254
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 grandparentperson310
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 grandparentperson322
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 grandparentperson 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 grandparentperson 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

       (C) The child's health insurance coverage provider;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 grandparentperson 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 grandparentperson designated as the attorney in fact354
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

        (C) The child's guardian;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 grandparentqualified 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 grandparentqualified relative374
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 grandparentqualified 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 a396
grandparentqualified 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 this403
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 relative436

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 grandparentqualified relative481
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, the484
grandparentqualified 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
grandparentqualified relative, and does not grant authority to 493
the grandparentqualified 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 grandparentqualified 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 grandparentqualified 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 grandparentqualified 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 grandparentqualified 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 grandparentqualified relative such that the person 521
or entity would reasonably rely on the affidavit unless notified 522
of the termination. The grandparentqualified 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 as530
attorney in fact or grandparent who executed the affidavit531
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 affidavitqualified 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 grandparentattorney in fact or qualified relative547
provides information that the grandparentattorney 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 childchild'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 as584
attorney in fact or the grandparent who executed the affidavit585
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 affidavit628
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 grandparentperson 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 grandparent662
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

       (c) The child requires special education.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 grandparentqualified 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 grandparentattorney 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 grandparentattorney 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
grandparentqualified 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-six1324
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 amendmentsJune 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