Am. Sub. H. B. No. 279 As Passed by the House

As Passed by the House

129th General Assembly

Regular Session

2011-2012

Am. Sub. H. B. No. 279

Representatives Grossman, Driehaus

Cosponsors: Representatives Yuko, Combs, Boyd, Reece, Letson, Henne, Martin, Goyal, Burke, Bubp, Conditt, Adams, R., Antonio, Barnes, Blair, Celebrezze, Celeste, Cera, Fedor, Fende, Foley, Garland, Hackett, Hagan, R., Heard, Johnson, Kozlowski, Mallory, Milkovich, Murray, Newbold, O'Brien, Patmon, Phillips, Pillich, Ramos, Ruhl, Sprague, Winburn

A BILL

To amend sections 2151.33, 3107.062, 3107.063,

3109.53, 3109.59, 3109.60, 3109.66, 3109.70,

3109.71, 3109.72, 5153.16, and 5153.161, to enact

new section 3109.76 and section 2151.411, and to

repeal sections 3109.76 and 3109.77 of the Revised

Code to require a public children services agency

or private child placing agency that obtains

temporary custody of a child to attempt to notify

certain relatives of the child; to require a

public children services agency to attempt to keep

siblings together; to modify the putative father

registry; to eliminate the automatic termination

upon the expiration of one year of a power of

attorney or caretaker authorization affidavit that

gives care of a child to a grandparent; to allow a

grandparent to seek custody of a child if the

child's parent, guardian, or custodian seeks to

terminate a power of attorney or caretaker

authorization affidavit; to require a public

children services agency to file a missing child

report if a child in its custody is or may be

missing; to authorize a public children services

agency to provide care for a child in the home of

a qualified nonrelative of the child; and to

require the Department of Job and Family Services

to develop recommendations for the implementation

of a subsidized relative guardianship program.

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

Section 1. That sections 2151.33, 3107.062, 3107.063,	28
3109.53, 3109.59, 3109.60, 3109.66, 3109.70, 3109.71, 3109.72,	29
5153.16, and 5153.161 be amended and new section 3109.76 and	30
section 2151.411 of the Revised Code be enacted to read as	31
follows:	32

Sec. 2151.33. (A) Pending hearing of a complaint filed under	33
section 2151.27 of the Revised Code or a motion filed or made	34
under division (B) of this section and the service of citations,	35
the juvenile court may make any temporary disposition of any child	36
that it considers necessary to protect the best interest of the	37
child and that can be made pursuant to division (B) of this	38
section. Upon the certificate of one or more reputable practicing	39
physicians, the court may summarily provide for emergency medical	40
and surgical treatment that appears to be immediately necessary to	41
preserve the health and well-being of any child concerning whom a	42
complaint or an application for care has been filed, pending the	43
service of a citation upon the child's parents, guardian, or	44
custodian. The court may order the parents, guardian, or	45
custodian, if the court finds the parents, guardian, or custodian	46
able to do so, to reimburse the court for the expense involved in	47
providing the emergency medical or surgical treatment. Any person	48
who disobeys the order for reimbursement may be adjudged in	49
contempt of court and punished accordingly.	50

If the emergency medical or surgical treatment is furnished	51
to a child who is found at the hearing to be a nonresident of the	52
county in which the court is located and if the expense of the	53
medical or surgical treatment cannot be recovered from the	54
parents, legal guardian, or custodian of the child, the board of	55
county commissioners of the county in which the child has a legal	56
settlement shall reimburse the court for the reasonable cost of	57
the emergency medical or surgical treatment out of its general	58
fund.	59

(B)(1) After a complaint, petition, writ, or other document	60
initiating a case dealing with an alleged or adjudicated abused,	61
neglected, or dependent child is filed and upon the filing or	62
making of a motion pursuant to division (C) of this section, the	63
court, prior to the final disposition of the case, may issue any	64
of the following temporary orders to protect the best interest of	65
the child:	66

(a) An order granting temporary custody of the child to a	67
particular party;	68

(b) An order for the taking of the child into custody	69
pursuant to section 2151.31 of the Revised Code pending the	70
outcome of the adjudicatory and dispositional hearings;	71

(c) An order granting, limiting, or eliminating parenting	72
time or visitation rights with respect to the child;	73

(d) An order requiring a party to vacate a residence that	74
will be lawfully occupied by the child;	75

(e) An order requiring a party to attend an appropriate	76
counseling program that is reasonably available to that party;	77

(f) Any other order that restrains or otherwise controls the	78
conduct of any party which conduct would not be in the best	79
interest of the child.	80

(2) Prior to the final disposition of a case subject to	81
division (B)(1) of this section, the court shall do both of the	82
following:	83

(a) Issue an order pursuant to Chapters 3119. to 3125. of the	84
Revised Code requiring the parents, guardian, or person charged	85
with the child's support to pay support for the child.	86

(b) Issue an order requiring the parents, guardian, or person	87
charged with the child's support to continue to maintain any	88
health insurance coverage for the child that existed at the time	89
of the filing of the complaint, petition, writ, or other document,	90
or to obtain health insurance coverage in accordance with sections	91
3119.29 to 3119.56 of the Revised Code.	92

(C)(1) A court may issue an order pursuant to division (B) of	93
this section upon its own motion or if a party files a written	94
motion or makes an oral motion requesting the issuance of the	95
order and stating the reasons for it. Any notice sent by the court	96
as a result of a motion pursuant to this division shall contain a	97
notice that any party to a juvenile proceeding has the right to be	98
represented by counsel and to have appointed counsel if the person	99
is indigent.	100

(2) If a child is taken into custody pursuant to section	101
2151.31 of the Revised Code and placed in shelter care, the public	102
children services agency or private child placing agency with	103
which the child is placed in shelter care shall file or make a	104
motion as described in division (C)(1) of this section before the	105
end of the next day immediately after the date on which the child	106
was taken into custody and, at a minimum, shall request an order	107
for temporary custody under division (B)(1)(a) of this section.	108

(3) A court that issues an order pursuant to division	109
(B)(1)(b) of this section shall comply with section 2151.419 of	110
the Revised Code.	111

(D) The court may grant an ex parte order upon its own motion	112
or a motion filed or made pursuant to division (C) of this section	113
requesting such an order if it appears to the court that the best	114
interest and the welfare of the child require that the court issue	115
the order immediately. The court, if acting on its own motion, or	116
the person requesting the granting of an ex parte order, to the	117
extent possible, shall give notice of its intent or of the request	118
to the parents, guardian, or custodian of the child who is the	119
subject of the request. If the court issues an ex parte order, the	120
court shall hold a hearing to review the order within seventy-two	121
hours after it is issued or before the end of the next day after	122
the day on which it is issued, whichever occurs first. The court	123
shall give written notice of the hearing to all parties to the	124
action and shall appoint a guardian ad litem for the child prior	125
to the hearing.	126

The written notice shall be given by all means that are	127
reasonably likely to result in the party receiving actual notice	128
and shall include all of the following:	129

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

130

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

131

(3) A statement that every party to the hearing has a right	132
to counsel and to court-appointed counsel, if the party is	133
indigent;	134

(4) The name, telephone number, and address of the person	135
requesting the order;	136

(5) A copy of the order, except when it is not possible to	137
obtain it because of the exigent circumstances in the case.	138

If the court does not grant an ex parte order pursuant to a	139
motion filed or made pursuant to division (C) of this section or	140
its own motion, the court shall hold a shelter care hearing on the	141
motion within ten days after the motion is filed. The court shall	142
give notice of the hearing to all affected parties in the same	143
manner as set forth in the Juvenile Rules.	144

(E) The court, pending the outcome of the adjudicatory and	145
dispositional hearings, shall not issue an order granting	146
temporary custody of a child to a public children services agency	147
or private child placing agency pursuant to this section, unless	148
the court determines and specifically states in the order that the	149
continued residence of the child in the child's current home will	150
be contrary to the child's best interest and welfare and the court	151
complies with section 2151.419 of the Revised Code.	152

(F) Each public children services agency and private child	153
placing agency that receives temporary custody of a child pursuant	154
to this section shall exercise due diligence to identify and	155
provide notice to all adult grandparents and other adult relatives	156
of the child, including any adult relatives suggested by the	157
parents, within thirty days of the child's removal from the	158
custody of the child's parents, in accordance with 42 U.S.C.	159
671(a)(29). The agency shall also maintain in the child's case	160
record written documentation that it has placed the child, to the	161
extent that it is consistent with the best interest, welfare, and	162
special needs of the child, in the most family-like setting	163
available and in close proximity to the home of the parents,	164
custodian, or guardian of the child.	165

(G) For good cause shown, any court order that is issued	166
pursuant to this section may be reviewed by the court at any time	167
upon motion of any party to the action or upon the motion of the	168
court.	169

(H)(1) Pending the hearing of a complaint filed under section	170
2151.27 of the Revised Code or a motion filed or made under	171
division (B) of this section and the service of citations, a	172
public children services agency may request that the	173
superintendent of the bureau of criminal identification and	174
investigation conduct a criminal records check with respect to	175
each parent, guardian, custodian, prospective custodian, or	176
prospective placement whose actions resulted in a temporary	177
disposition under division (A) of this section. The public	178
children services agency may request that the superintendent	179
obtain information from the federal bureau of investigation as	180
part of the criminal records check of each parent, guardian,	181
custodian, prospective custodian, or prospective placement.	182

(2) Each public children services agency authorized by	183
division (H) of this section to request a criminal records check	184
shall do both of the following:	185

(a) Provide to each parent, guardian, custodian, prospective	186
custodian, or prospective placement for whom a criminal records	187
check is requested a copy of the form prescribed pursuant to	188
division (C)(1) of section 109.572 of the Revised Code and a	189
standard fingerprint impression sheet prescribed pursuant to	190
division (C)(2) of that section and obtain the completed form and	191
impression sheet from the parent, guardian, custodian, prospective	192
custodian, or prospective placement;	193

(b) Forward the completed form and impression sheet to the	194
superintendent of the bureau of criminal identification and	195
investigation.	196

(3) A parent, guardian, custodian, prospective custodian, or	197
prospective placement who is given a form and fingerprint	198
impression sheet under division (H)(2)(a) of this section and who	199
fails to complete the form or provide fingerprint impressions may	200
be held in contempt of court.	201

Sec. 2151.411. Whenever a child comes into the custody of a	202
public children services agency, either as part of a sibling group	203
or subsequent to the previous placement of a sibling, the agency	204
is strongly encouraged to make reasonable efforts to place the	205
siblings together, unless it would be contrary to the siblings'	206
best interest or well-being. If siblings are not placed together,	207
the agency should make reasonable efforts to ensure the siblings	208
maintain frequent connections through visitation or other ongoing	209
interaction, unless contrary to the siblings' placement or	210
well-being.	211

Sec. 3107.062. The department of job and family services	212
shall establish a putative father registry. To register, a	213
putative father must complete a registration form prescribed under	214
section 3107.065 of the Revised Code and submit it to the	215
department. The registration form shall include the putative	216
father's name; the name of the mother of the person he claims as	217
his child; and the address or telephone number at which he wishes	218
to receive, pursuant to section 3107.11 of the Revised Code,	219
notice of aany petition that may be filed to adopt ~~the~~a minor he	220
claims as his child~~; and the name of the mother of the minor~~.	221

A putative father may register at any time. For the purpose	222
of preserving the requirement of his consent to an adoption, a	223
putative father shall register before or not later than thirty	224
days after the birth of the child. No fee shall be charged for	225
registration.	226

On receipt of a completed registration form, the department	227
shall indicate on the form the date of receipt and file it in the	228
putative father registry. The department shall maintain	229
registration forms in a manner that enables it to access a	230
registration form using either the name of the putative father or	231
of the mother.	232

Sec. 3107.063. AAn attorney arranging a minor's adoption, a	233
mother ~~or an~~, a public children services agency, a private	234
noncustodial agency, or ~~attorney arranging~~ a ~~minor's adoption~~	235
private child placing agency may request at any time that the	236
department of job and family services search the putative father	237
registry to determine whether a man is registered as the minor's	238
putative father. The request shall include the mother's name. On	239
receipt of the request, the department shall search the registry.	240
If the department determines that a man is registered as the	241
minor's putative father, it shall provide the attorney, mother, or	242
agency~~, or attorney~~ a certified copy of the man's registration	243
form. If the department determines that no man is registered as	244
the minor's putative father, it shall provide the attorney,	245
mother, or agency~~, or attorney~~ a certified written statement to	246
that effect. The department shall specify in the statement the	247
date the search request was submitted. No fee shall be charged for	248
searching the registry.	249

Division (B) of section 3107.17 of the Revised Code does not	250
apply to this section.	251

Sec. 3109.53. To create a power of attorney under section	252
3109.52 of the Revised Code, a parent, guardian, or custodian	253
shall use a form that is identical in form and content to the	254
following:	255

POWER OF ATTORNEY	256

I, the undersigned, residing at ..........., in the county of	257
.........., state of .........., hereby appoint the child's	258
grandparent, .........., residing at .........., in the county of	259
..........., in the state of Ohio, with whom the child of whom I	260
am the parent, guardian, or custodian is residing, my attorney in	261
fact to exercise any and all of my rights and responsibilities	262
regarding the care, physical custody, and control of the child,	263
.........., born .........., having social security number	264
(optional) .........., except my authority to consent to marriage	265
or adoption of the child .........., and to perform all acts	266
necessary in the execution of the rights and responsibilities	267
hereby granted, as fully as I might do if personally present. The	268
rights I am transferring under this power of attorney include the	269
ability to enroll the child in school, to obtain from the school	270
district educational and behavioral information about the child,	271
to consent to all school-related matters regarding the child, and	272
to consent to medical, psychological, or dental treatment for the	273
child. This transfer does not affect my rights in any future	274
proceedings concerning the custody of the child or the allocation	275
of the parental rights and responsibilities for the care of the	276
child and does not give the attorney in fact legal custody of the	277
child. This transfer does not terminate my right to have regular	278
contact with the child.	279

I hereby certify that I am transferring the rights and	280
responsibilities designated in this power of attorney because one	281
of the following circumstances exists:	282

(1) I am: (a) Seriously ill, incarcerated, or about to be	283
incarcerated, (b) Temporarily unable to provide financial support	284
or parental guidance to the child, (c) Temporarily unable to	285
provide adequate care and supervision of the child because of my	286
physical or mental condition, (d) Homeless or without a residence	287
because the current residence is destroyed or otherwise	288
uninhabitable, or (e) In or about to enter a residential treatment	289
program for substance abuse;	290

(2) I am a parent of the child, the child's other parent is	291
deceased, and I have authority to execute the power of attorney;	292
or	293

(3) I have a well-founded belief that the power of attorney	294
is in the child's best interest.	295

I hereby certify that I am not transferring my rights and	296
responsibilities regarding the child for the purpose of enrolling	297
the child in a school or school district so that the child may	298
participate in the academic or interscholastic athletic programs	299
provided by that school or district.	300

I understand that this document does not authorize a child	301
support enforcement agency to redirect child support payments to	302
the grandparent designated as attorney in fact. I further	303
understand that to have an existing child support order modified	304
or a new child support order issued administrative or judicial	305
proceedings must be initiated.	306

If there is a court order naming me the residential parent	307
and legal custodian of the child who is the subject of this power	308
of attorney and I am the sole parent signing this document, I	309
hereby certify that one of the following is the case:	310

(1) I have made reasonable efforts to locate and provide	311
notice of the creation of this power of attorney to the other	312
parent and have been unable to locate that parent;	313

(2) The other parent is prohibited from receiving a notice of	314
relocation; or	315

(3) The parental rights of the other parent have been	316
terminated by order of a juvenile court.	317

This POWER OF ATTORNEY is valid until the occurrence of	318
whichever of the following events occurs first: (1) ~~one year~~	319
~~elapses following the date this POWER OF ATTORNEY is notarized;~~	320
~~(2)~~ I revoke this POWER OF ATTORNEY in writing~~; (3) the child~~	321
~~ceases to reside with~~and give notice of the revocation to the	322
grandparent designated as attorney in fact~~; (4)~~and the juvenile	323
court with which this POWER OF ATTORNEY was filed; (2) the child	324
ceases to reside with the grandparent designated as attorney in	325
fact; (3) this POWER OF ATTORNEY is terminated by court order;	326
~~(5)~~(4) the death of the child who is the subject of the power of	327
attorney; or ~~(6)~~(5) the death of the grandparent designated as	328
the attorney in fact.	329

WARNING: DO NOT EXECUTE THIS POWER OF ATTORNEY IF ANY	330
STATEMENT MADE IN THIS INSTRUMENT IS UNTRUE. FALSIFICATION IS A	331
CRIME UNDER SECTION 2921.13 OF THE REVISED CODE, PUNISHABLE BY THE	332
SANCTIONS UNDER CHAPTER 2929. OF THE REVISED CODE, INCLUDING A	333
TERM OF IMPRISONMENT OF UP TO 6 MONTHS, A FINE OF UP TO $1,000, OR	334
BOTH.	335

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

336

	.....................................		337
	Parent/Custodian/Guardian's signature		338
	...................................		339
	Parent's signature		340
	.....................................		341
	Grandparent designated as attorney in fact		342

State of Ohio )	343

) ss:	344

County of ................)	345

Subscribed, sworn to, and acknowledged before me this ...... day	346
of ........., .............	347

	.....................................		348
	Notary Public		349

Notices:	350

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.	351
2.	The signatures of the parent, guardian, or custodian of the child and the grandparent designated as the attorney in fact must be notarized by an Ohio notary public.	352
		353
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.	354
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.	355
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.	356
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.	357
7.6.	A person or entity that relies on this power of attorney, in good faith, has no obligation to make any further inquiry or investigation.	358
8.7.	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~~ and that person gives written notice of the revocation to the grandparent who is the attorney in fact~~; (4)~~ and the juvenile court with which the power of attorney was filed; (2) the child ceases to live with the grandparent who is the attorney in fact; (3) the power of attorney is terminated by court order; ~~(5)~~(4) the death of the child who is the subject of the power of attorney; or ~~(6)~~(5) the death of the grandparent designated as the attorney in fact.	359
	If this power of attorney terminates other than by the death of the attorney in fact, the grandparent who served as the attorney in fact shall notify, in writing, all of the following:	360
	(a) Any schools, health care providers, or health insurance coverage provider with which the child has been involved through the grandparent;	361
	(b) Any other person or entity that has an ongoing relationship with the child or grandparent such that the other person or entity would reasonably rely on the power of attorney unless notified of the termination;	362
	(c) The court in which the power of attorney was filed after its creation; ~~and~~	363
	(d) The parent who is not the residential parent and legal custodian of the child who is required to be given notice of its creation. The grandparent shall make the notifications not later than one week after the date the power of attorney terminates.	364
9.8.	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.	365

Additional information:	366

To the grandparent designated as attorney in fact:	367

368

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.	369
2.	You must include with the power of attorney the following information:	370
	(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;	371
	(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;	372
	(c) Whether you have information of any parenting proceeding concerning the child pending in a court of this or any other state;	373
	(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;	374
	(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.	375
3.	If you receive written notice of revocation of the power of attorney or the parent, custodian, or guardian removes the child from your home and if you believe that the revocation or removal is not in the best interest of the child, you may, within fourteen days, file a complaint in the juvenile court to seek custody. You may retain physical custody of the child until the fourteen-day period elapses or, if you file a complaint, until the court orders otherwise.	376

To school officials:	377

1.	Except as provided in section 3313.649 of the Revised Code, this power of attorney, properly completed and notarized, authorizes the child in question to attend school in the district in which the grandparent designated as attorney in fact resides and that grandparent is authorized to provide consent in all school-related matters and to obtain from the school district educational and behavioral information about the child. This power of attorney does not preclude the parent, guardian, or custodian of the child from having access to all school records pertinent to the child.	378
2.	The school district may require additional reasonable evidence that the grandparent lives in the school district.	379
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.	380

To health care providers:	381

1.		A person or entity that acts in good faith reliance on a power of attorney to provide medical, psychological, or dental treatment, without actual knowledge of facts contrary to those stated in the power of attorney, is not subject to criminal liability or to civil liability to any person or entity, and is not subject to professional disciplinary action, solely for such reliance if the power of attorney is completed and the signatures of the parent, guardian, or custodian of the child and the grandparent designated as attorney in fact are notarized.		382
2.		The decision of a grandparent designated as attorney in fact, based on a power of attorney, shall be honored by a health care facility or practitioner, school district, or school official.		383

Sec. 3109.59. (A) A power of attorney created under section	384
3109.52 of the Revised Code terminates on the occurrence of	385
whichever of the following events occurs first:	386

(1) ~~One year elapses following the date the power of attorney~~	387
~~is notarized.~~	388

~~(2)~~ The power of attorney is revoked in writing by the person	389
who created it, and that person gives written notice of the	390
revocation to the grandparent designated as the attorney in fact	391
and to the juvenile court with which the power of attorney was	392
filed.	393

~~(3)~~(2) The child ceases to reside with the grandparent	394
designated as the attorney in fact.	395

~~(4)~~(3) The power of attorney is terminated by court order.

396

~~(5)~~(4) The death of the child who is the subject of the power	397
of attorney.	398

~~(6)~~(5) The death of the grandparent designated as the	399
attorney in fact.	400

(B) Not later than five days after a power of attorney is	401
~~terminated pursuant to division (A)(2) of this section~~revoked, a	402
copy of the revocation of ~~an initial~~the power of attorney ~~or a~~	403
~~second or subsequent power of attorney~~ must be filed with the	404
court with which the power of attorney is filed pursuant to	405
section ~~3109.76~~3109.74 of the Revised Code.	406

Sec. 3109.60. When a power of attorney created pursuant to	407
section 3109.52 of the Revised Code terminates pursuant to	408
division (A)(1), ~~(A)~~(2), ~~(A)~~(3), ~~(A)~~or (4)~~, or (A)(5)~~ of section	409
3109.59 of the Revised Code, the grandparent designated as the	410
attorney in fact shall notify, in writing, all of the following:	411

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

412

(B) The child's health care providers;

413

414

(D) The court in which the power of attorney was filed under	415
section 3109.74 of the Revised Code;	416

(E) The parent who is not the residential parent and legal	417
custodian and who is required to be given notice under section	418
3109.55 of the Revised Code;	419

(F) Any other person or entity that has an ongoing	420
relationship with the child or grandparent such that the person or	421
entity would reasonably rely on the power of attorney unless	422
notified of the termination.	423

The grandparent shall make the notifications not later than	424
one week after the date the power of attorney terminates.	425

Sec. 3109.66. The caretaker authorization affidavit that a	426
grandparent described in section 3109.65 of the Revised Code may	427
execute shall be identical in form and content to the following:	428

CARETAKER AUTHORIZATION AFFIDAVIT	429

Use of this affidavit is authorized by sections 3109.65 to 3109.73	430
of the Ohio Revised Code.	431

Completion of items 1-7 and the signing and notarization of this	432
affidavit is sufficient to authorize the grandparent signing to	433
exercise care, physical custody, and control of the child who is	434
its subject, including authority to enroll the child in school, to	435
discuss with the school district the child's educational progress,	436
to consent to all school-related matters regarding the child, and	437
to consent to medical, psychological, or dental treatment for the	438
child.	439

The child named below lives in my home, I am 18 years of age or	440
older, and I am the child's grandparent.	441

1.	Name of child:	442
2.	Child's date and year of birth:	443
3.	Child's social security number (optional):	444
4.	My name:	445
5.	My home address:	446
6.	My date and year of birth:	447
7.	My Ohio driver's license number or identification card number:	448
8.	Despite having made reasonable attempts, I am either:	449
	(a) Unable to locate or contact the child's parents, or the child's guardian or custodian; or	450
	(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	451
	(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:	452
	(i) The parent has been prohibited from receiving notice of a relocation; or	453
	(ii) The parental rights of the parent have been terminated.	454
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.	455
	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.	456

WARNING: DO NOT SIGN THIS FORM IF ANY OF THE ABOVE STATEMENTS ARE	457
INCORRECT. FALSIFICATION IS A CRIME UNDER SECTION 2921.13 OF THE	458
REVISED CODE, PUNISHABLE BY THE SANCTIONS UNDER CHAPTER 2929. OF	459
THE REVISED CODE, INCLUDING A TERM OF IMPRISONMENT OF UP TO 6	460
MONTHS, A FINE OF UP TO $1,000, OR BOTH.	461

I declare that the foregoing is true and correct:	462

Signed:.......................... Date:......................	463

Grandparent	464

State of Ohio )	465

) ss:	466

County of ................)	467

Subscribed, sworn to, and acknowledged before me this ...... day	468
of ........., .............	469

	.....................................		470
	Notary Public		471

Notices:	472

1.	The grandparent's signature must be notarized by an Ohio notary public.	473
2.	The grandparent who executed this affidavit must file it with the juvenile court of the county in which the grandparent resides or any other court that has jurisdiction over the child under a previously filed motion or proceeding not later than five days after the date it is executed.	474
3.	A grandparent 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 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.	475
4.3.	This affidavit does not affect the rights of the child's parents, guardian, or custodian regarding the care, physical custody, and control of the child, and does not give the grandparent legal custody of the child.	476
5.4.	A person or entity that relies on this affidavit, in good faith, has no obligation to make any further inquiry or investigation.	477
6.5.	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 who signs this form; ~~(3)~~(2) the parent, guardian, or custodian of the child acts to negate, reverse, or otherwise disapprove an action or decision of the grandparent who signed this affidavit, and the grandparent either voluntarily returns the child to the physical custody of the parent, guardian, or custodian or fails to file a complaint to seek custody within fourteen days; ~~or (4)~~(3) the affidavit is terminated by court order; ~~(5)~~(4) the death of the child who is the subject of the affidavit; or ~~(6)~~(5) the death of the grandparent who executed the affidavit.	478
	A parent, guardian, or custodian may negate, reverse, or disapprove a grandparent's action or decision only by delivering written notice of negation, reversal, or disapproval to the grandparent and the person acting on the grandparent's action or decision in reliance on this affidavit.	479
	If this affidavit terminates other than by the death of the grandparent, the grandparent who signed this affidavit shall notify, in writing, all of the following:	480
	(a) Any schools, health care providers, or health insurance coverage provider with which the child has been involved through the grandparent;	481
	(b) Any other person or entity that has an ongoing relationship with the child or grandparent such that the person or entity would reasonably rely on the affidavit unless notified of the termination;	482
	(c) The court in which the affidavit was filed after its creation.	483
	The grandparent shall make the notifications not later than one week after the date the affidavit terminates.	484
7.6.	The decision of a grandparent to consent to or to refuse medical treatment or school enrollment for a child is superseded by a contrary decision of a parent, custodian, or guardian of the child, unless the decision of the parent, guardian, or custodian would jeopardize the life, health, or safety of the child.	485

Additional information:	486

To caretakers:	487

1.	If the child stops living with you, you are required to notify, in writing, any school, health care provider, or health care insurance provider to which you have given this affidavit. You are also required to notify, in writing, any other person or entity that has an ongoing relationship with you or the child such that the person or entity would reasonably rely on the affidavit unless notified. The notifications must be made not later than one week after the child stops living with you.	488
2.	If you do not have the information requested in item 7 (Ohio driver's license or identification card), provide another form of identification such as your social security number or medicaid number.	489
3.	You must include with the caretaker authorization affidavit the following information:	490
	(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;	491
	(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;	492
	(c) Whether you have information of any parenting proceeding concerning the child pending in a court of this or any other state;	493
	(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;	494
	(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.	495
4.	If the child's parent, guardian, or custodian acts to terminate the caretaker authorization affidavit by delivering a written notice of negation, reversal, or disapproval of an action or decision of yours or removes the child from your home and if you believe that the termination or removal is not in the best interest of the child, you may, within fourteen days, file a complaint in the juvenile court to seek custody. You may retain physical custody of the child until the fourteen-day period elapses or, if you file a complaint, until the court orders otherwise.	496

To school officials:	497

1.	This affidavit, properly completed and notarized, authorizes the child in question to attend school in the district in which the grandparent who signed this affidavit resides and the grandparent is authorized to provide consent in all school-related matters and to discuss with the school district the child's educational progress. This affidavit does not preclude the parent, guardian, or custodian of the child from having access to all school records pertinent to the child.	498
2.	The school district may require additional reasonable evidence that the grandparent lives at the address provided in item 5 of the affidavit.	499
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.	500
4.	The act of a parent, guardian, or custodian of the child to negate, reverse, or otherwise disapprove an action or decision of the grandparent who signed this affidavit constitutes termination of this affidavit. A parent, guardian, or custodian may negate, reverse, or disapprove a grandparent's action or decision only by delivering written notice of negation, reversal, or disapproval to the grandparent and the person acting on the grandparent's action or decision in reliance on this affidavit.	501

To health care providers:	502

1.	A person or entity that acts in good faith reliance on a CARETAKER AUTHORIZATION AFFIDAVIT to provide medical, psychological, or dental treatment, without actual knowledge of facts contrary to those stated in the affidavit, is not subject to criminal liability or to civil liability to any person or entity, and is not subject to professional disciplinary action, solely for such reliance if the applicable portions of the form are completed and the grandparent's signature is notarized.	503
2.	The decision of a grandparent, based on a CARETAKER AUTHORIZATION AFFIDAVIT, shall be honored by a health care facility or practitioner, school district, or school official unless the health care facility or practitioner or educational facility or official has actual knowledge that a parent, guardian, or custodian of a child has made a contravening decision to consent to or to refuse medical treatment for the child.	504
3.	The act of a parent, guardian, or custodian of the child to negate, reverse, or otherwise disapprove an action or decision of the grandparent who signed this affidavit constitutes termination of this affidavit. A parent, guardian, or custodian may negate, reverse, or disapprove a grandparent's action or decision only by delivering written notice of negation, reversal, or disapproval to the grandparent and the person acting on the grandparent's action or decision in reliance on this affidavit.	505

Sec. 3109.70. An executed caretaker authorization affidavit	506
shall terminate on the occurrence of whichever of the following	507
comes first:	508

(A) ~~One year elapses following the date the affidavit is~~	509
~~notarized.~~	510

~~(B)~~ The child ceases to reside with the grandparent.

511

~~(C)~~(B) The parent, guardian, or custodian of the child who is	512
the subject of the affidavit acts, in accordance with section	513
3109.72 of the Revised Code, to negate, reverse, or otherwise	514
disapprove an action or decision of the grandparent who signed the	515
affidavit with respect to the child, and the grandparent either	516
voluntarily returns the child to the physical custody of the	517
parent, guardian, or custodian or fails to file a complaint to	518
seek custody within fourteen days after the delivery of written	519
notice of negation, reversal, or other disapproval.	520

~~(D)~~(C) The affidavit is terminated by court order.

521

~~(E)~~(D) The death of the child who is the subject of the	522
affidavit.	523

~~(F)~~(E) The death of the grandparent who executed the	524
affidavit.	525

Sec. 3109.71. When a caretaker authorization affidavit	526
terminates pursuant to division (A), (B), (C), or (D)~~, or (E)~~ of	527
section 3109.70 of the Revised Code, the grandparent shall notify,	528
in writing, the school district in which the child attends school,	529
the child's health care providers, the child's health insurance	530
coverage provider, the court in which the affidavit was filed	531
under section 3109.74 of the Revised Code, and any other person or	532
entity that has an ongoing relationship with the child or	533
grandparent such that the person or entity would reasonably rely	534
on the affidavit unless notified of the termination. The	535
grandparent shall make the notifications not later than one week	536
after the date the affidavit terminates.	537

Sec. 3109.72. The parent, guardian, or custodian of a child	538
may negate, reverse, or otherwise disapprove any action taken or	539
decision made pursuant to a caretaker authorization affidavit	540
unless negation, reversal, or disapproval would jeopardize the	541
life, health, or safety of the child. A parent, guardian, or	542
custodian may negate, reverse, or disapprove a caretaker's action	543
or decision only by delivering written notice of negation,	544
reversal, or disapproval to the caretaker and the person	545
responding to the caretaker's action or decision in reliance on	546
the affidavit. The act to negate, reverse, or disapprove the	547
action or decision, regardless of whether it is effective,	548
terminates the affidavit as of the date the caretaker returns the	549
child to the parent, guardian, or custodian or upon the expiration	550
of fourteen days from the delivery of written notice of the	551
negation, reversal, or disapproval if the caretaker has not filed	552
a complaint in the interim pursuant to section 3109.76 of the	553
Revised Code.	554

Sec. 3109.76. (A) A grandparent who has physical custody of	555
a child under a power of attorney, within fourteen days after the	556
child's parent, guardian, or custodian gives written notice of	557
revocation of the power of attorney to the grandparent and files a	558
written notice of revocation of the power of attorney with the	559
juvenile court or within fourteen days after removal of the child	560
from the grandparent's home, may file a complaint under division	561
(A)(2) of section 2151.23 or division (D) of section 2151.27 of	562
the Revised Code seeking a determination of custody if the	563
grandparent believes that the revocation or removal is not in the	564
best interest of the child.	565

(B) A grandparent who has physical custody of a child under a	566
caretaker authorization affidavit, within fourteen days after a	567
parent, guardian, or custodian terminates the affidavit by	568
delivering a written notice of negation, reversal, or disapproval	569
of an action or decision of the grandparent or within fourteen	570
days after removal of the child from the grandparent's home, may	571
file a complaint under division (A)(2) of section 2151.23 or	572
division (D) of section 2151.27 of the Revised Code seeking a	573
determination of custody if the grandparent believes that the	574
termination or removal is not in the best interest of the child.	575

(C) Pending a hearing and decision on a complaint filed under	576
division (A) or (B) of this section, the juvenile court, in	577
accordance with section 2151.33 of the Revised Code, may make any	578
temporary disposition of any child that it considers necessary to	579
protect the best interest of the child.	580

(D) If a parent, guardian, or custodian revokes a power of	581
attorney or terminates a caretaker authorization affidavit, the	582
grandparent may retain custody of the child until the fourteen-day	583
period for filing a complaint under division (A) or (B) of this	584
section has expired or, if the grandparent files a complaint,	585
until the court orders otherwise.	586

Sec. 5153.16. (A) Except as provided in section 2151.422 of	587
the Revised Code, in accordance with rules adopted under section	588
5153.166 of the Revised Code, and on behalf of children in the	589
county whom the public children services agency considers to be in	590
need of public care or protective services, the public children	591
services agency shall do all of the following:	592

(1) Make an investigation concerning any child alleged to be	593
an abused, neglected, or dependent child;	594

(2) Enter into agreements with the parent, guardian, or other	595
person having legal custody of any child, or with the department	596
of job and family services, department of mental health,	597
department of developmental disabilities, other department, any	598
certified organization within or outside the county, or any agency	599
or institution outside the state, having legal custody of any	600
child, with respect to the custody, care, or placement of any	601
child, or with respect to any matter, in the interests of the	602
child, provided the permanent custody of a child shall not be	603
transferred by a parent to the public children services agency	604
without the consent of the juvenile court;	605

(3) Accept custody of children committed to the public	606
children services agency by a court exercising juvenile	607
jurisdiction;	608

(4) Provide such care as the public children services agency	609
considers to be in the best interests of any child adjudicated to	610
be an abused, neglected, or dependent child the agency finds to be	611
in need of public care or service;	612

(5) Provide social services to any unmarried girl adjudicated	613
to be an abused, neglected, or dependent child who is pregnant	614
with or has been delivered of a child;	615

(6) Make available to the bureau for children with medical	616
handicaps of the department of health at its request any	617
information concerning a crippled child found to be in need of	618
treatment under sections 3701.021 to 3701.028 of the Revised Code	619
who is receiving services from the public children services	620
agency;	621

(7) Provide temporary emergency care for any child considered	622
by the public children services agency to be in need of such care,	623
without agreement or commitment;	624

(8) Find certified foster homes, within or outside the	625
county, for the care of children, including handicapped children	626
from other counties attending special schools in the county;	627

(9) Subject to the approval of the board of county	628
commissioners and the state department of job and family services,	629
establish and operate a training school or enter into an agreement	630
with any municipal corporation or other political subdivision of	631
the county respecting the operation, acquisition, or maintenance	632
of any children's home, training school, or other institution for	633
the care of children maintained by such municipal corporation or	634
political subdivision;	635

(10) Acquire and operate a county children's home, establish,	636
maintain, and operate a receiving home for the temporary care of	637
children, or procure certified foster homes for this purpose;	638

(11) Enter into an agreement with the trustees of any	639
district children's home, respecting the operation of the district	640
children's home in cooperation with the other county boards in the	641
district;	642

(12) Cooperate with, make its services available to, and act	643
as the agent of persons, courts, the department of job and family	644
services, the department of health, and other organizations within	645
and outside the state, in matters relating to the welfare of	646
children, except that the public children services agency shall	647
not be required to provide supervision of or other services	648
related to the exercise of parenting time rights granted pursuant	649
to section 3109.051 or 3109.12 of the Revised Code or	650
companionship or visitation rights granted pursuant to section	651
3109.051, 3109.11, or 3109.12 of the Revised Code unless a	652
juvenile court, pursuant to Chapter 2151. of the Revised Code, or	653
a common pleas court, pursuant to division (E)(6) of section	654
3113.31 of the Revised Code, requires the provision of supervision	655
or other services related to the exercise of the parenting time	656
rights or companionship or visitation rights;	657

(13) Make investigations at the request of any superintendent	658
of schools in the county or the principal of any school concerning	659
the application of any child adjudicated to be an abused,	660
neglected, or dependent child for release from school, where such	661
service is not provided through a school attendance department;	662

(14) Administer funds provided under Title IV-E of the	663
"Social Security Act," 94 Stat. 501 (1980), 42 U.S.C.A. 671, as	664
amended, in accordance with rules adopted under section 5101.141	665
of the Revised Code;	666

(15) In addition to administering Title IV-E adoption	667
assistance funds, enter into agreements to make adoption	668
assistance payments under section 5153.163 of the Revised Code;	669

(16) Implement a system of safety and risk assessment, in	670
accordance with rules adopted by the director of job and family	671
services, to assist the public children services agency in	672
determining the risk of abuse or neglect to a child;	673

(17) Enter into a plan of cooperation with the board of	674
county commissioners under section 307.983 of the Revised Code and	675
comply with each fiscal agreement the board enters into under	676
section 307.98 of the Revised Code that include family services	677
duties of public children services agencies and contracts the	678
board enters into under sections 307.981 and 307.982 of the	679
Revised Code that affect the public children services agency;	680

(18) Make reasonable efforts to prevent the removal of an	681
alleged or adjudicated abused, neglected, or dependent child from	682
the child's home, eliminate the continued removal of the child	683
from the child's home, or make it possible for the child to return	684
home safely, except that reasonable efforts of that nature are not	685
required when a court has made a determination under division	686
(A)(2) of section 2151.419 of the Revised Code;	687

(19) Make reasonable efforts to place the child in a timely	688
manner in accordance with the permanency plan approved under	689
division (E) of section 2151.417 of the Revised Code and to	690
complete whatever steps are necessary to finalize the permanent	691
placement of the child;	692

(20) Administer a Title IV-A program identified under	693
division (A)(4)(c) or (f) of section 5101.80 of the Revised Code	694
that the department of job and family services provides for the	695
public children services agency to administer under the	696
department's supervision pursuant to section 5101.801 of the	697
Revised Code;	698

(21) Administer the kinship permanency incentive program	699
created under section 5101.802 of the Revised Code under the	700
supervision of the director of job and family services;	701

(22) Provide independent living services pursuant to sections	702
2151.81 to 2151.84 of the Revised Code;	703

(23) File a missing child report with a local law enforcement	704
agency upon becoming aware that a child in the custody of the	705
public children services agency is or may be missing.	706

(B) The public children services agency shall use the system	707
implemented pursuant to division (A)(16) of this section in	708
connection with an investigation undertaken pursuant to division	709
(F)(1) of section 2151.421 of the Revised Code to assess both of	710
the following:	711

(1) The ongoing safety of the child;

712

(2) The appropriateness of the intensity and duration of the	713
services provided to meet child and family needs throughout the	714
duration of a case.	715

(C) Except as provided in section 2151.422 of the Revised	716
Code, in accordance with rules of the director of job and family	717
services, and on behalf of children in the county whom the public	718
children services agency considers to be in need of public care or	719
protective services, the public children services agency may do	720
the following:	721

(1) Provide or find, with other child serving systems,	722
specialized foster care for the care of children in a specialized	723
foster home, as defined in section 5103.02 of the Revised Code,	724
certified under section 5103.03 of the Revised Code;	725

(2)(a) Except as limited by divisions (C)(2)(b) and (c) of	726
this section, contract with the following for the purpose of	727
assisting the agency with its duties:	728

(i) County departments of job and family services;

729

(ii) Boards of alcohol, drug addiction, and mental health	730
services;	731

(iii) County boards of developmental disabilities;

732

(iv) Regional councils of political subdivisions established	733
under Chapter 167. of the Revised Code;	734

(v) Private and government providers of services;

735

(vi) Managed care organizations and prepaid health plans.

736

(b) A public children services agency contract under division	737
(C)(2)(a) of this section regarding the agency's duties under	738
section 2151.421 of the Revised Code may not provide for the	739
entity under contract with the agency to perform any service not	740
authorized by the department's rules.	741

(c) Only a county children services board appointed under	742
section 5153.03 of the Revised Code that is a public children	743
services agency may contract under division (C)(2)(a) of this	744
section. If an entity specified in division (B) or (C) of section	745
5153.02 of the Revised Code is the public children services agency	746
for a county, the board of county commissioners may enter into	747
contracts pursuant to section 307.982 of the Revised Code	748
regarding the agency's duties.	749

Sec. 5153.161. (A) As used in this section, "qualified	750
nonrelative" means a nonrelative adult whom a child or the current	751
custodial caretaker of a child identifies as having a familiar and	752
longstanding relationship or bond with the child or the child's	753
family that will ensure the child's social and cultural ties.	754

(B) Care provided by the public children services agency	755
under division (A)(4) of section 5153.16 of the Revised Code shall	756
be provided by the agency, by its own means or through other	757
available resources, in the child's own home, in the home of a	758
relative or qualified nonrelative, or in a certified foster home,	759
any other home approved by the court, receiving home, school,	760
hospital, convalescent home, or other public or private	761
institution within or outside the county or state.	762

Section 2. That existing sections 2151.33, 3107.062,	763
3107.063, 3109.53, 3109.59, 3109.60, 3109.66, 3109.70, 3109.71,	764
3109.72, 5153.16, and 5153.161 and sections 3109.76 and 3109.77	765
of the Revised Code are hereby repealed.	766

Section 3. (A) The Department of Job and Family Services	767
shall develop recommendations for implementation of a subsidized	768
relative guardianship program in accordance with 42 U.S.C. Section	769
671(a)(28). In developing the recommendations, the Department	770
shall consult with representatives of the Ohio Kinship Caregiver	771
Advisory Council and county public children services agencies. The	772
recommendations shall address required legislative authority,	773
state and local cost implications, and activities necessary for	774
implementation of the program.	775

(B) The Department shall submit to the Governor, the Speaker	776
of the House of Representatives, and the President of the Senate a	777
brief preliminary status report of its work under division (A) of	778
this section not later than December 31, 2012, and a final report,	779
including a work plan, not later than eighteen months after the	780
effective date of this act.	781