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

As Passed by the Senate

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
Senators Bacon, Brown, Burke, Cafaro, Eklund, Hite, Hughes, Kearney, Lehner, Manning, Niehaus, Oelslager, Patton, Sawyer, Schiavoni, Seitz, Smith, Tavares, Turner, Wagoner, Widener

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, 3310.41, 5153.16, and 5153.161,

to enact new section 3109.76 and sections 2151.411

and 3310.43, and to repeal sections 3109.76 and

3109.77 of the Revised Code to require a public

children services agency or private child placing

agency that obtains temporary custody of a child

to attempt to notify certain relatives of the

child; to require a public children services

agency to attempt to keep siblings together; to

modify the putative father registry; to eliminate

the automatic termination upon the expiration of

one year of a power of attorney or caretaker

authorization affidavit that gives care of a child

to a grandparent; to allow a grandparent to seek

custody of a child if the child's parent,

guardian, or custodian seeks to terminate a power

of attorney or caretaker authorization affidavit;

to require a public children services agency to

file a missing child report if a child in its

custody is or may be missing; to authorize a

public children services agency to provide care

for a child in the home of a qualified nonrelative

of the child; to require the Department of Job and

Family Services to develop recommendations for the

implementation of a subsidized relative

guardianship program; to authorize the State Board

of Education to issue one-year, renewable

instructional assistant permits for qualified

individuals to provide services to children under

the Autism Scholarship Program; to make other

changes in the administration of the Autism

Scholarship Program; and to declare an emergency.

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

Section 1. That sections 2151.33, 3107.062, 3107.063,	35
3109.53, 3109.59, 3109.60, 3109.66, 3109.70, 3109.71, 3109.72,	36
3310.41, 5153.16, and 5153.161 be amended and new section 3109.76	37
and sections 2151.411 and 3310.43 of the Revised Code be enacted	38
to read as follows:	39

Sec. 2151.33. (A) Pending hearing of a complaint filed under	40
section 2151.27 of the Revised Code or a motion filed or made	41
under division (B) of this section and the service of citations,	42
the juvenile court may make any temporary disposition of any child	43
that it considers necessary to protect the best interest of the	44
child and that can be made pursuant to division (B) of this	45
section. Upon the certificate of one or more reputable practicing	46
physicians, the court may summarily provide for emergency medical	47
and surgical treatment that appears to be immediately necessary to	48
preserve the health and well-being of any child concerning whom a	49
complaint or an application for care has been filed, pending the	50
service of a citation upon the child's parents, guardian, or	51
custodian. The court may order the parents, guardian, or	52
custodian, if the court finds the parents, guardian, or custodian	53
able to do so, to reimburse the court for the expense involved in	54
providing the emergency medical or surgical treatment. Any person	55
who disobeys the order for reimbursement may be adjudged in	56
contempt of court and punished accordingly.	57

If the emergency medical or surgical treatment is furnished	58
to a child who is found at the hearing to be a nonresident of the	59
county in which the court is located and if the expense of the	60
medical or surgical treatment cannot be recovered from the	61
parents, legal guardian, or custodian of the child, the board of	62
county commissioners of the county in which the child has a legal	63
settlement shall reimburse the court for the reasonable cost of	64
the emergency medical or surgical treatment out of its general	65
fund.	66

(B)(1) After a complaint, petition, writ, or other document	67
initiating a case dealing with an alleged or adjudicated abused,	68
neglected, or dependent child is filed and upon the filing or	69
making of a motion pursuant to division (C) of this section, the	70
court, prior to the final disposition of the case, may issue any	71
of the following temporary orders to protect the best interest of	72
the child:	73

(a) An order granting temporary custody of the child to a	74
particular party;	75

(b) An order for the taking of the child into custody	76
pursuant to section 2151.31 of the Revised Code pending the	77
outcome of the adjudicatory and dispositional hearings;	78

(c) An order granting, limiting, or eliminating parenting	79
time or visitation rights with respect to the child;	80

(d) An order requiring a party to vacate a residence that	81
will be lawfully occupied by the child;	82

(e) An order requiring a party to attend an appropriate	83
counseling program that is reasonably available to that party;	84

(f) Any other order that restrains or otherwise controls the	85
conduct of any party which conduct would not be in the best	86
interest of the child.	87

(2) Prior to the final disposition of a case subject to	88
division (B)(1) of this section, the court shall do both of the	89
following:	90

(a) Issue an order pursuant to Chapters 3119. to 3125. of the	91
Revised Code requiring the parents, guardian, or person charged	92
with the child's support to pay support for the child.	93

(b) Issue an order requiring the parents, guardian, or person	94
charged with the child's support to continue to maintain any	95
health insurance coverage for the child that existed at the time	96
of the filing of the complaint, petition, writ, or other document,	97
or to obtain health insurance coverage in accordance with sections	98
3119.29 to 3119.56 of the Revised Code.	99

(C)(1) A court may issue an order pursuant to division (B) of	100
this section upon its own motion or if a party files a written	101
motion or makes an oral motion requesting the issuance of the	102
order and stating the reasons for it. Any notice sent by the court	103
as a result of a motion pursuant to this division shall contain a	104
notice that any party to a juvenile proceeding has the right to be	105
represented by counsel and to have appointed counsel if the person	106
is indigent.	107

(2) If a child is taken into custody pursuant to section	108
2151.31 of the Revised Code and placed in shelter care, the public	109
children services agency or private child placing agency with	110
which the child is placed in shelter care shall file or make a	111
motion as described in division (C)(1) of this section before the	112
end of the next day immediately after the date on which the child	113
was taken into custody and, at a minimum, shall request an order	114
for temporary custody under division (B)(1)(a) of this section.	115

(3) A court that issues an order pursuant to division	116
(B)(1)(b) of this section shall comply with section 2151.419 of	117
the Revised Code.	118

(D) The court may grant an ex parte order upon its own motion	119
or a motion filed or made pursuant to division (C) of this section	120
requesting such an order if it appears to the court that the best	121
interest and the welfare of the child require that the court issue	122
the order immediately. The court, if acting on its own motion, or	123
the person requesting the granting of an ex parte order, to the	124
extent possible, shall give notice of its intent or of the request	125
to the parents, guardian, or custodian of the child who is the	126
subject of the request. If the court issues an ex parte order, the	127
court shall hold a hearing to review the order within seventy-two	128
hours after it is issued or before the end of the next day after	129
the day on which it is issued, whichever occurs first. The court	130
shall give written notice of the hearing to all parties to the	131
action and shall appoint a guardian ad litem for the child prior	132
to the hearing.	133

The written notice shall be given by all means that are	134
reasonably likely to result in the party receiving actual notice	135
and shall include all of the following:	136

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

137

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

138

(3) A statement that every party to the hearing has a right	139
to counsel and to court-appointed counsel, if the party is	140
indigent;	141

(4) The name, telephone number, and address of the person	142
requesting the order;	143

(5) A copy of the order, except when it is not possible to	144
obtain it because of the exigent circumstances in the case.	145

If the court does not grant an ex parte order pursuant to a	146
motion filed or made pursuant to division (C) of this section or	147
its own motion, the court shall hold a shelter care hearing on the	148
motion within ten days after the motion is filed. The court shall	149
give notice of the hearing to all affected parties in the same	150
manner as set forth in the Juvenile Rules.	151

(E) The court, pending the outcome of the adjudicatory and	152
dispositional hearings, shall not issue an order granting	153
temporary custody of a child to a public children services agency	154
or private child placing agency pursuant to this section, unless	155
the court determines and specifically states in the order that the	156
continued residence of the child in the child's current home will	157
be contrary to the child's best interest and welfare and the court	158
complies with section 2151.419 of the Revised Code.	159

(F) Each public children services agency and private child	160
placing agency that receives temporary custody of a child pursuant	161
to this section shall exercise due diligence to identify and	162
provide notice to all adult grandparents and other adult relatives	163
of the child, including any adult relatives suggested by the	164
parents, within thirty days of the child's removal from the	165
custody of the child's parents, in accordance with 42 U.S.C.	166
671(a)(29). The agency shall also maintain in the child's case	167
record written documentation that it has placed the child, to the	168
extent that it is consistent with the best interest, welfare, and	169
special needs of the child, in the most family-like setting	170
available and in close proximity to the home of the parents,	171
custodian, or guardian of the child.	172

(G) For good cause shown, any court order that is issued	173
pursuant to this section may be reviewed by the court at any time	174
upon motion of any party to the action or upon the motion of the	175
court.	176

(H)(1) Pending the hearing of a complaint filed under section	177
2151.27 of the Revised Code or a motion filed or made under	178
division (B) of this section and the service of citations, a	179
public children services agency may request that the	180
superintendent of the bureau of criminal identification and	181
investigation conduct a criminal records check with respect to	182
each parent, guardian, custodian, prospective custodian, or	183
prospective placement whose actions resulted in a temporary	184
disposition under division (A) of this section. The public	185
children services agency may request that the superintendent	186
obtain information from the federal bureau of investigation as	187
part of the criminal records check of each parent, guardian,	188
custodian, prospective custodian, or prospective placement.	189

(2) Each public children services agency authorized by	190
division (H) of this section to request a criminal records check	191
shall do both of the following:	192

(a) Provide to each parent, guardian, custodian, prospective	193
custodian, or prospective placement for whom a criminal records	194
check is requested a copy of the form prescribed pursuant to	195
division (C)(1) of section 109.572 of the Revised Code and a	196
standard fingerprint impression sheet prescribed pursuant to	197
division (C)(2) of that section and obtain the completed form and	198
impression sheet from the parent, guardian, custodian, prospective	199
custodian, or prospective placement;	200

(b) Forward the completed form and impression sheet to the	201
superintendent of the bureau of criminal identification and	202
investigation.	203

(3) A parent, guardian, custodian, prospective custodian, or	204
prospective placement who is given a form and fingerprint	205
impression sheet under division (H)(2)(a) of this section and who	206
fails to complete the form or provide fingerprint impressions may	207
be held in contempt of court.	208

Sec. 2151.411. Whenever a child comes into the custody of a	209
public children services agency, either as part of a sibling group	210
or subsequent to the previous placement of a sibling, the agency	211
is strongly encouraged to make reasonable efforts to place the	212
siblings together, unless it would be contrary to the siblings'	213
best interest or well-being. If siblings are not placed together,	214
the agency should make reasonable efforts to ensure the siblings	215
maintain frequent connections through visitation or other ongoing	216
interaction, unless contrary to the siblings' placement or	217
well-being.	218

Sec. 3107.062. The department of job and family services	219
shall establish a putative father registry. To register, a	220
putative father must complete a registration form prescribed under	221
section 3107.065 of the Revised Code and submit it to the	222
department. The registration form shall include the putative	223
father's name; the name of the mother of the person he claims as	224
his child; and the address or telephone number at which he wishes	225
to receive, pursuant to section 3107.11 of the Revised Code,	226
notice of aany petition that may be filed to adopt ~~the~~a minor he	227
claims as his child~~; and the name of the mother of the minor~~.	228

A putative father may register at any time. For the purpose	229
of preserving the requirement of his consent to an adoption, a	230
putative father shall register before or not later than thirty	231
days after the birth of the child. No fee shall be charged for	232
registration.	233

On receipt of a completed registration form, the department	234
shall indicate on the form the date of receipt and file it in the	235
putative father registry. The department shall maintain	236
registration forms in a manner that enables it to access a	237
registration form using either the name of the putative father or	238
of the mother.	239

Sec. 3107.063. AAn attorney arranging a minor's adoption, a	240
mother ~~or an~~, a public children services agency, a private	241
noncustodial agency, or ~~attorney arranging~~ a ~~minor's adoption~~	242
private child placing agency may request at any time that the	243
department of job and family services search the putative father	244
registry to determine whether a man is registered as the minor's	245
putative father. The request shall include the mother's name. On	246
receipt of the request, the department shall search the registry.	247
If the department determines that a man is registered as the	248
minor's putative father, it shall provide the attorney, mother, or	249
agency~~, or attorney~~ a certified copy of the man's registration	250
form. If the department determines that no man is registered as	251
the minor's putative father, it shall provide the attorney,	252
mother, or agency~~, or attorney~~ a certified written statement to	253
that effect. The department shall specify in the statement the	254
date the search request was submitted. No fee shall be charged for	255
searching the registry.	256

Division (B) of section 3107.17 of the Revised Code does not	257
apply to this section.	258

Sec. 3109.53. To create a power of attorney under section	259
3109.52 of the Revised Code, a parent, guardian, or custodian	260
shall use a form that is identical in form and content to the	261
following:	262

POWER OF ATTORNEY	263

I, the undersigned, residing at ..........., in the county of	264
.........., state of .........., hereby appoint the child's	265
grandparent, .........., residing at .........., in the county of	266
..........., in the state of Ohio, with whom the child of whom I	267
am the parent, guardian, or custodian is residing, my attorney in	268
fact to exercise any and all of my rights and responsibilities	269
regarding the care, physical custody, and control of the child,	270
.........., born .........., having social security number	271
(optional) .........., except my authority to consent to marriage	272
or adoption of the child .........., and to perform all acts	273
necessary in the execution of the rights and responsibilities	274
hereby granted, as fully as I might do if personally present. The	275
rights I am transferring under this power of attorney include the	276
ability to enroll the child in school, to obtain from the school	277
district educational and behavioral information about the child,	278
to consent to all school-related matters regarding the child, and	279
to consent to medical, psychological, or dental treatment for the	280
child. This transfer does not affect my rights in any future	281
proceedings concerning the custody of the child or the allocation	282
of the parental rights and responsibilities for the care of the	283
child and does not give the attorney in fact legal custody of the	284
child. This transfer does not terminate my right to have regular	285
contact with the child.	286

I hereby certify that I am transferring the rights and	287
responsibilities designated in this power of attorney because one	288
of the following circumstances exists:	289

(1) I am: (a) Seriously ill, incarcerated, or about to be	290
incarcerated, (b) Temporarily unable to provide financial support	291
or parental guidance to the child, (c) Temporarily unable to	292
provide adequate care and supervision of the child because of my	293
physical or mental condition, (d) Homeless or without a residence	294
because the current residence is destroyed or otherwise	295
uninhabitable, or (e) In or about to enter a residential treatment	296
program for substance abuse;	297

(2) I am a parent of the child, the child's other parent is	298
deceased, and I have authority to execute the power of attorney;	299
or	300

(3) I have a well-founded belief that the power of attorney	301
is in the child's best interest.	302

I hereby certify that I am not transferring my rights and	303
responsibilities regarding the child for the purpose of enrolling	304
the child in a school or school district so that the child may	305
participate in the academic or interscholastic athletic programs	306
provided by that school or district.	307

I understand that this document does not authorize a child	308
support enforcement agency to redirect child support payments to	309
the grandparent designated as attorney in fact. I further	310
understand that to have an existing child support order modified	311
or a new child support order issued administrative or judicial	312
proceedings must be initiated.	313

If there is a court order naming me the residential parent	314
and legal custodian of the child who is the subject of this power	315
of attorney and I am the sole parent signing this document, I	316
hereby certify that one of the following is the case:	317

(1) I have made reasonable efforts to locate and provide	318
notice of the creation of this power of attorney to the other	319
parent and have been unable to locate that parent;	320

(2) The other parent is prohibited from receiving a notice of	321
relocation; or	322

(3) The parental rights of the other parent have been	323
terminated by order of a juvenile court.	324

This POWER OF ATTORNEY is valid until the occurrence of	325
whichever of the following events occurs first: (1) ~~one year~~	326
~~elapses following the date this POWER OF ATTORNEY is notarized;~~	327
~~(2)~~ I revoke this POWER OF ATTORNEY in writing~~; (3) the child~~	328
~~ceases to reside with~~and give notice of the revocation to the	329
grandparent designated as attorney in fact~~; (4)~~and the juvenile	330
court with which this POWER OF ATTORNEY was filed; (2) the child	331
ceases to reside with the grandparent designated as attorney in	332
fact; (3) this POWER OF ATTORNEY is terminated by court order;	333
~~(5)~~(4) the death of the child who is the subject of the power of	334
attorney; or ~~(6)~~(5) the death of the grandparent designated as	335
the attorney in fact.	336

WARNING: DO NOT EXECUTE THIS POWER OF ATTORNEY IF ANY	337
STATEMENT MADE IN THIS INSTRUMENT IS UNTRUE. FALSIFICATION IS A	338
CRIME UNDER SECTION 2921.13 OF THE REVISED CODE, PUNISHABLE BY THE	339
SANCTIONS UNDER CHAPTER 2929. OF THE REVISED CODE, INCLUDING A	340
TERM OF IMPRISONMENT OF UP TO 6 MONTHS, A FINE OF UP TO $1,000, OR	341
BOTH.	342

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

343

	.....................................		344
	Parent/Custodian/Guardian's signature		345
	...................................		346
	Parent's signature		347
	.....................................		348
	Grandparent designated as attorney in fact		349

State of Ohio )	350

) ss:	351

County of ................)	352

Subscribed, sworn to, and acknowledged before me this ...... day	353
of ........., .............	354

	.....................................		355
	Notary Public		356

Notices:	357

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.	358
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.	359
		360
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.	361
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.	362
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.	363
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.	364
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.	365
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.	366
	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:	367
	(a) Any schools, health care providers, or health insurance coverage provider with which the child has been involved through the grandparent;	368
	(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;	369
	(c) The court in which the power of attorney was filed after its creation; ~~and~~	370
	(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.	371
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.	372

Additional information:	373

To the grandparent designated as attorney in fact:	374

375

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.	376
2.	You must include with the power of attorney the following information:	377
	(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;	378
	(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;	379
	(c) Whether you have information of any parenting proceeding concerning the child pending in a court of this or any other state;	380
	(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;	381
	(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.	382
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.	383

To school officials:	384

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.	385
2.	The school district may require additional reasonable evidence that the grandparent lives in the school district.	386
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.	387

To health care providers:	388

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.		389
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.		390

Sec. 3109.59. (A) A power of attorney created under section	391
3109.52 of the Revised Code terminates on the occurrence of	392
whichever of the following events occurs first:	393

(1) ~~One year elapses following the date the power of attorney~~	394
~~is notarized.~~	395

~~(2)~~ The power of attorney is revoked in writing by the person	396
who created it, and that person gives written notice of the	397
revocation to the grandparent designated as the attorney in fact	398
and to the juvenile court with which the power of attorney was	399
filed.	400

~~(3)~~(2) The child ceases to reside with the grandparent	401
designated as the attorney in fact.	402

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

403

~~(5)~~(4) The death of the child who is the subject of the power	404
of attorney.	405

~~(6)~~(5) The death of the grandparent designated as the	406
attorney in fact.	407

(B) Not later than five days after a power of attorney is	408
~~terminated pursuant to division (A)(2) of this section~~revoked, a	409
copy of the revocation of ~~an initial~~the power of attorney ~~or a~~	410
~~second or subsequent power of attorney~~ must be filed with the	411
court with which the power of attorney is filed pursuant to	412
section ~~3109.76~~3109.74 of the Revised Code.	413

Sec. 3109.60. When a power of attorney created pursuant to	414
section 3109.52 of the Revised Code terminates pursuant to	415
division (A)(1), ~~(A)~~(2), ~~(A)~~(3), ~~(A)~~or (4)~~, or (A)(5)~~ of section	416
3109.59 of the Revised Code, the grandparent designated as the	417
attorney in fact shall notify, in writing, all of the following:	418

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

419

(B) The child's health care providers;

420

421

(D) The court in which the power of attorney was filed under	422
section 3109.74 of the Revised Code;	423

(E) The parent who is not the residential parent and legal	424
custodian and who is required to be given notice under section	425
3109.55 of the Revised Code;	426

(F) Any other person or entity that has an ongoing	427
relationship with the child or grandparent such that the person or	428
entity would reasonably rely on the power of attorney unless	429
notified of the termination.	430

The grandparent shall make the notifications not later than	431
one week after the date the power of attorney terminates.	432

Sec. 3109.66. The caretaker authorization affidavit that a	433
grandparent described in section 3109.65 of the Revised Code may	434
execute shall be identical in form and content to the following:	435

CARETAKER AUTHORIZATION AFFIDAVIT	436

Use of this affidavit is authorized by sections 3109.65 to 3109.73	437
of the Ohio Revised Code.	438

Completion of items 1-7 and the signing and notarization of this	439
affidavit is sufficient to authorize the grandparent signing to	440
exercise care, physical custody, and control of the child who is	441
its subject, including authority to enroll the child in school, to	442
discuss with the school district the child's educational progress,	443
to consent to all school-related matters regarding the child, and	444
to consent to medical, psychological, or dental treatment for the	445
child.	446

The child named below lives in my home, I am 18 years of age or	447
older, and I am the child's grandparent.	448

1.	Name of child:	449
2.	Child's date and year of birth:	450
3.	Child's social security number (optional):	451
4.	My name:	452
5.	My home address:	453
6.	My date and year of birth:	454
7.	My Ohio driver's license number or identification card number:	455
8.	Despite having made reasonable attempts, I am either:	456
	(a) Unable to locate or contact the child's parents, or the child's guardian or custodian; or	457
	(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	458
	(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:	459
	(i) The parent has been prohibited from receiving notice of a relocation; or	460
	(ii) The parental rights of the parent have been terminated.	461
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.	462
	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.	463

WARNING: DO NOT SIGN THIS FORM IF ANY OF THE ABOVE STATEMENTS ARE	464
INCORRECT. FALSIFICATION IS A CRIME UNDER SECTION 2921.13 OF THE	465
REVISED CODE, PUNISHABLE BY THE SANCTIONS UNDER CHAPTER 2929. OF	466
THE REVISED CODE, INCLUDING A TERM OF IMPRISONMENT OF UP TO 6	467
MONTHS, A FINE OF UP TO $1,000, OR BOTH.	468

I declare that the foregoing is true and correct:	469

Signed:.......................... Date:......................	470

Grandparent	471

State of Ohio )	472

) ss:	473

County of ................)	474

Subscribed, sworn to, and acknowledged before me this ...... day	475
of ........., .............	476

	.....................................		477
	Notary Public		478

Notices:	479

1.	The grandparent's signature must be notarized by an Ohio notary public.	480
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.	481
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.	482
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.	483
5.4.	A person or entity that relies on this affidavit, in good faith, has no obligation to make any further inquiry or investigation.	484
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.	485
	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.	486
	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:	487
	(a) Any schools, health care providers, or health insurance coverage provider with which the child has been involved through the grandparent;	488
	(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;	489
	(c) The court in which the affidavit was filed after its creation.	490
	The grandparent shall make the notifications not later than one week after the date the affidavit terminates.	491
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.	492

Additional information:	493

To caretakers:	494

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.	495
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.	496
3.	You must include with the caretaker authorization affidavit the following information:	497
	(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;	498
	(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;	499
	(c) Whether you have information of any parenting proceeding concerning the child pending in a court of this or any other state;	500
	(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;	501
	(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.	502
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.	503

To school officials:	504

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.	505
2.	The school district may require additional reasonable evidence that the grandparent lives at the address provided in item 5 of the affidavit.	506
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.	507
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.	508

To health care providers:	509

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.	510
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.	511
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.	512

Sec. 3109.70. An executed caretaker authorization affidavit	513
shall terminate on the occurrence of whichever of the following	514
comes first:	515

(A) ~~One year elapses following the date the affidavit is~~	516
~~notarized.~~	517

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

518

~~(C)~~(B) The parent, guardian, or custodian of the child who is	519
the subject of the affidavit acts, in accordance with section	520
3109.72 of the Revised Code, to negate, reverse, or otherwise	521
disapprove an action or decision of the grandparent who signed the	522
affidavit with respect to the child, and the grandparent either	523
voluntarily returns the child to the physical custody of the	524
parent, guardian, or custodian or fails to file a complaint to	525
seek custody within fourteen days after the delivery of written	526
notice of negation, reversal, or other disapproval.	527

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

528

~~(E)~~(D) The death of the child who is the subject of the	529
affidavit.	530

~~(F)~~(E) The death of the grandparent who executed the	531
affidavit.	532

Sec. 3109.71. When a caretaker authorization affidavit	533
terminates pursuant to division (A), (B), (C), or (D)~~, or (E)~~ of	534
section 3109.70 of the Revised Code, the grandparent shall notify,	535
in writing, the school district in which the child attends school,	536
the child's health care providers, the child's health insurance	537
coverage provider, the court in which the affidavit was filed	538
under section 3109.74 of the Revised Code, and any other person or	539
entity that has an ongoing relationship with the child or	540
grandparent such that the person or entity would reasonably rely	541
on the affidavit unless notified of the termination. The	542
grandparent shall make the notifications not later than one week	543
after the date the affidavit terminates.	544

Sec. 3109.72. The parent, guardian, or custodian of a child	545
may negate, reverse, or otherwise disapprove any action taken or	546
decision made pursuant to a caretaker authorization affidavit	547
unless negation, reversal, or disapproval would jeopardize the	548
life, health, or safety of the child. A parent, guardian, or	549
custodian may negate, reverse, or disapprove a caretaker's action	550
or decision only by delivering written notice of negation,	551
reversal, or disapproval to the caretaker and the person	552
responding to the caretaker's action or decision in reliance on	553
the affidavit. The act to negate, reverse, or disapprove the	554
action or decision, regardless of whether it is effective,	555
terminates the affidavit as of the date the caretaker returns the	556
child to the parent, guardian, or custodian or upon the expiration	557
of fourteen days from the delivery of written notice of the	558
negation, reversal, or disapproval if the caretaker has not filed	559
a complaint in the interim pursuant to section 3109.76 of the	560
Revised Code.	561

Sec. 3109.76. (A) A grandparent who has physical custody of	562
a child under a power of attorney, within fourteen days after the	563
child's parent, guardian, or custodian gives written notice of	564
revocation of the power of attorney to the grandparent and files a	565
written notice of revocation of the power of attorney with the	566
juvenile court or within fourteen days after removal of the child	567
from the grandparent's home, may file a complaint under division	568
(A)(2) of section 2151.23 or division (D) of section 2151.27 of	569
the Revised Code seeking a determination of custody if the	570
grandparent believes that the revocation or removal is not in the	571
best interest of the child.	572

(B) A grandparent who has physical custody of a child under a	573
caretaker authorization affidavit, within fourteen days after a	574
parent, guardian, or custodian terminates the affidavit by	575
delivering a written notice of negation, reversal, or disapproval	576
of an action or decision of the grandparent or within fourteen	577
days after removal of the child from the grandparent's home, may	578
file a complaint under division (A)(2) of section 2151.23 or	579
division (D) of section 2151.27 of the Revised Code seeking a	580
determination of custody if the grandparent believes that the	581
termination or removal is not in the best interest of the child.	582

(C) Pending a hearing and decision on a complaint filed under	583
division (A) or (B) of this section, the juvenile court, in	584
accordance with section 2151.33 of the Revised Code, may make any	585
temporary disposition of any child that it considers necessary to	586
protect the best interest of the child.	587

(D) If a parent, guardian, or custodian revokes a power of	588
attorney or terminates a caretaker authorization affidavit, the	589
grandparent may retain custody of the child until the fourteen-day	590
period for filing a complaint under division (A) or (B) of this	591
section has expired or, if the grandparent files a complaint,	592
until the court orders otherwise.	593

Sec. 3310.41. (A) As used in this section:

594

(1) "Alternative public provider" means either of the	595
following providers that agrees to enroll a child in the	596
provider's special education program to implement the child's	597
individualized education program and to which the child's parent	598
owes fees for the services provided to the child:	599

(a) A school district that is not the school district in	600
which the child is entitled to attend school;	601

(b) A public entity other than a school district.

602

(2) "Entitled to attend school" means entitled to attend	603
school in a school district under section 3313.64 or 3313.65 of	604
the Revised Code.	605

(3) "Formula ADM" and "category six special education ADM"	606
have the same meanings as in section 3317.02 of the Revised Code.	607

(4) "Preschool child with a disability" and "individualized	608
education program" have the same meanings as in section 3323.01 of	609
the Revised Code.	610

(5) "Parent" has the same meaning as in section 3313.64 of	611
the Revised Code, except that "parent" does not mean a parent	612
whose custodial rights have been terminated.	613

(6) "Preschool scholarship ADM" means the number of preschool	614
children with disabilities reported under division (B)(3)(h) of	615
section 3317.03 of the Revised Code.	616

(7) "Qualified special education child" is a child for whom	617
all of the following conditions apply:	618

(a) The school district in which the child is entitled to	619
attend school has identified the child as autistic. A child who	620
has been identified as having a "pervasive developmental disorder	621
- not otherwise specified (PPD-NOS)" shall be considered to be an	622
autistic child for purposes of this section.	623

(b) The school district in which the child is entitled to	624
attend school has developed an individualized education program	625
under Chapter 3323. of the Revised Code for the child.	626

627

(i) Was enrolled in the school district in which the child is	628
entitled to attend school in any grade from preschool through	629
twelve in the school year prior to the year in which a scholarship	630
under this section is first sought for the child; or	631

(ii) Is eligible to enter school in any grade preschool	632
through twelve in the school district in which the child is	633
entitled to attend school in the school year in which a	634
scholarship under this section is first sought for the child.	635

(8) "Registered private provider" means a nonpublic school or	636
other nonpublic entity that has been approved by the department of	637
education to participate in the program established under this	638
section.	639

(9) "Special education program" means a school or facility	640
that provides special education and related services to children	641
with disabilities.	642

(B) There is hereby established the autism scholarship	643
program. Under the program, the department of education shall pay	644
a scholarship to the parent of each qualified special education	645
child upon application of that parent pursuant to procedures and	646
deadlines established by rule of the state board of education.	647
Each scholarship shall be used only to pay tuition for the child	648
on whose behalf the scholarship is awarded to attend a special	649
education program that implements the child's individualized	650
education program and that is operated by an alternative public	651
provider or by a registered private provider, and to pay for other	652
services agreed to by the provider and the parent of a qualified	653
special education child that are not included in the	654
individualized education program but are associated with educating	655
the child. Upon agreement with the parent of a qualified special	656
education child, the alternative public provider or the registered	657
private provider may modify the services provided to the child.	658
Each scholarship shall be in an amount not to exceed the lesser of	659
the tuition charged for the child by the special education program	660
or twenty thousand dollars. The purpose of the scholarship is to	661
permit the parent of a qualified special education child the	662
choice to send the child to a special education program, instead	663
of the one operated by or for the school district in which the	664
child is entitled to attend school, to receive the services	665
prescribed in the child's individualized education program once	666
the individualized education program is finalized and any other	667
services agreed to by the provider and the parent of a qualified	668
special education child. The services provided under the	669
scholarship shall include an educational component or services	670
designed to assist the child to benefit from the child's	671
education.	672

A scholarship under this section shall not be awarded to the	673
parent of a child while the child's individualized education	674
program is being developed by the school district in which the	675
child is entitled to attend school, or while any administrative or	676
judicial mediation or proceedings with respect to the content of	677
the child's individualized education program are pending. A	678
scholarship under this section shall not be used for a child to	679
attend a public special education program that operates under a	680
contract, compact, or other bilateral agreement between the school	681
district in which the child is entitled to attend school and	682
another school district or other public provider, or for a child	683
to attend a community school established under Chapter 3314. of	684
the Revised Code. However, nothing in this section or in any rule	685
adopted by the state board shall prohibit a parent whose child	686
attends a public special education program under a contract,	687
compact, or other bilateral agreement, or a parent whose child	688
attends a community school, from applying for and accepting a	689
scholarship under this section so that the parent may withdraw the	690
child from that program or community school and use the	691
scholarship for the child to attend a special education program	692
for which the parent is required to pay for services for the	693
child.	694

Except for development of the child's individualized	695
education program, the school district in which a qualified	696
special education child is entitled to attend school and the	697
child's school district of residence, as defined in section	698
3323.01 of the Revised Code, if different, are not obligated to	699
provide the child with a free appropriate public education under	700
Chapter 3323. of the Revised Code for as long as the child	701
continues to attend the special education program operated by	702
either an alternative public provider or a registered private	703
provider for which a scholarship is awarded under the autism	704
scholarship program. If at any time, the eligible applicant for	705
the child decides no longer to accept scholarship payments and	706
enrolls the child in the special education program of the school	707
district in which the child is entitled to attend school, that	708
district shall provide the child with a free appropriate public	709
education under Chapter 3323. of the Revised Code.	710

A child attending a special education program with a	711
scholarship under this section shall continue to be entitled to	712
transportation to and from that program in the manner prescribed	713
by law.	714

(C)(1) As prescribed in divisions (A)(2)(h), (B)(3)(g), and	715
(B)(10) of section 3317.03 of the Revised Code, a child who is not	716
a preschool child with a disability for whom a scholarship is	717
awarded under this section shall be counted in the formula ADM and	718
the category six special education ADM of the district in which	719
the child is entitled to attend school and not in the formula ADM	720
and the category six special education ADM of any other school	721
district. As prescribed in divisions (B)(3)(h) and (B)(10) of	722
section 3317.03 of the Revised Code, a child who is a preschool	723
child with a disability for whom a scholarship is awarded under	724
this section shall be counted in the preschool scholarship ADM and	725
category six special education ADM of the school district in which	726
the child is entitled to attend school and not in the preschool	727
scholarship ADM or category six special education ADM of any other	728
school district.	729

(2) In each fiscal year, the department shall deduct from the	730
amounts paid to each school district under Chapter 3317. of the	731
Revised Code, and, if necessary, sections 321.24 and 323.156 of	732
the Revised Code, the aggregate amount of scholarships awarded	733
under this section for qualified special education children	734
included in the formula ADM, or preschool scholarship ADM, and in	735
the category six special education ADM of that school district as	736
provided in division (C)(1) of this section.	737

The scholarships deducted shall be considered as an approved	738
special education and related services expense of the school	739
district.	740

(3) From time to time, the department shall make a payment to	741
the parent of each qualified special education child for whom a	742
scholarship has been awarded under this section. The scholarship	743
amount shall be proportionately reduced in the case of any such	744
child who is not enrolled in the special education program for	745
which a scholarship was awarded under this section for the entire	746
school year. The department shall make no payments to the parent	747
of a child while any administrative or judicial mediation or	748
proceedings with respect to the content of the child's	749
individualized education program are pending.	750

(D) A scholarship shall not be paid to a parent for payment	751
of tuition owed to a nonpublic entity unless that entity is a	752
registered private provider. The department shall approve entities	753
that meet the standards established by rule of the state board for	754
the program established under this section.	755

(E) The state board shall adopt rules under Chapter 119. of	756
the Revised Code prescribing procedures necessary to implement	757
this section, including, but not limited to, procedures and	758
deadlines for parents to apply for scholarships, standards for	759
registered private providers, and procedures for approval of	760
entities as registered private providers.	761

The rules also shall specify that intervention services under	762
the autism scholarship program may be provided by a qualified,	763
credentialed provider, including, but not limited to, all of the	764
following:	765

(1) A behavior analyst certified by a nationally recognized	766
organization that certifies behavior analysts;	767

(2) A psychologist licensed to practice in this state under	768
Chapter 4732. of the Revised Code;	769

(3) A school psychologist licensed by the state board under	770
section 3319.22 of the Revised Code;	771

(4) Any person employed by a licensed psychologist or	772
licensed school psychologist, while carrying out specific tasks,	773
under the licensee's supervision, as an extension of the	774
licensee's legal and ethical authority as specified under Chapter	775
4732. of the Revised Code who is ascribed as "psychology trainee,"	776
"psychology assistant," "psychology intern," or other appropriate	777
term that clearly implies their supervised or training status;	778

(5) Unlicensed persons holding a doctoral degree in	779
psychology or special education from a program approved by the	780
state board;	781

(6) Any other qualified individual as determined by the state	782
board.	783

(F) The department shall provide reasonable notice to all	784
parents of children receiving a scholarship under the autism	785
scholarship program, alternative public providers, and registered	786
private providers of any amendment to a rule governing, or change	787
in the administration of, the autism scholarship program.	788

Sec. 3310.43. (A) As used in this section:

789

(1) "Registered private provider" has the same meaning as in	790
section 3310.41 of the Revised Code.	791

(2) "Two years of study" means the equivalent of forty-eight	792
semester hours or seventy-two quarter hours.	793

(B) The state board of education may issue an instructional	794
assistant permit to an individual, upon the request of a	795
registered private provider, qualifying that individual to provide	796
services to a child under the autism scholarship program under	797
section 3310.41 of the Revised Code. The permit shall be valid for	798
one year from the date of issue and shall be renewable.	799

For an individual to qualify for a permit under this section,	800
the registered private provider shall assure to the state board	801
all of the following:	802

(1) The individual is of good moral character.

803

(2) The individual possesses the appropriate skills necessary	804
to perform the duties of an instructional assistant, including the	805
supervision of children and assistance with instructional tasks.	806

(3) The individual demonstrates the potential to benefit from	807
and consents to participating in in-service training, as required	808
by the registered private provider.	809

(4) The individual either:

810

(a) Has an associate degree or higher from an accredited	811
institution of higher education;	812

(b) Has completed at least two years of study at an	813
accredited institution of higher education.	814

(C) An individual issued a permit under this section may	815
provide instructional services in the home of a child so long as	816
the individual is subject to adequate training and supervision.	817
The state board shall adopt rules, pursuant to Chapter 119. of the	818
Revised Code, regarding how providers will demonstrate this	819
supervision.	820

(D) An individual issued a permit under this section shall be	821
subject to the requirements of sections 3319.291, 3319.31,	822
3319.311, and 3319.313 of the Revised Code.	823

Sec. 5153.16. (A) Except as provided in section 2151.422 of	824
the Revised Code, in accordance with rules adopted under section	825
5153.166 of the Revised Code, and on behalf of children in the	826
county whom the public children services agency considers to be in	827
need of public care or protective services, the public children	828
services agency shall do all of the following:	829

(1) Make an investigation concerning any child alleged to be	830
an abused, neglected, or dependent child;	831

(2) Enter into agreements with the parent, guardian, or other	832
person having legal custody of any child, or with the department	833
of job and family services, department of mental health,	834
department of developmental disabilities, other department, any	835
certified organization within or outside the county, or any agency	836
or institution outside the state, having legal custody of any	837
child, with respect to the custody, care, or placement of any	838
child, or with respect to any matter, in the interests of the	839
child, provided the permanent custody of a child shall not be	840
transferred by a parent to the public children services agency	841
without the consent of the juvenile court;	842

(3) Accept custody of children committed to the public	843
children services agency by a court exercising juvenile	844
jurisdiction;	845

(4) Provide such care as the public children services agency	846
considers to be in the best interests of any child adjudicated to	847
be an abused, neglected, or dependent child the agency finds to be	848
in need of public care or service;	849

(5) Provide social services to any unmarried girl adjudicated	850
to be an abused, neglected, or dependent child who is pregnant	851
with or has been delivered of a child;	852

(6) Make available to the bureau for children with medical	853
handicaps of the department of health at its request any	854
information concerning a crippled child found to be in need of	855
treatment under sections 3701.021 to 3701.028 of the Revised Code	856
who is receiving services from the public children services	857
agency;	858

(7) Provide temporary emergency care for any child considered	859
by the public children services agency to be in need of such care,	860
without agreement or commitment;	861

(8) Find certified foster homes, within or outside the	862
county, for the care of children, including handicapped children	863
from other counties attending special schools in the county;	864

(9) Subject to the approval of the board of county	865
commissioners and the state department of job and family services,	866
establish and operate a training school or enter into an agreement	867
with any municipal corporation or other political subdivision of	868
the county respecting the operation, acquisition, or maintenance	869
of any children's home, training school, or other institution for	870
the care of children maintained by such municipal corporation or	871
political subdivision;	872

(10) Acquire and operate a county children's home, establish,	873
maintain, and operate a receiving home for the temporary care of	874
children, or procure certified foster homes for this purpose;	875

(11) Enter into an agreement with the trustees of any	876
district children's home, respecting the operation of the district	877
children's home in cooperation with the other county boards in the	878
district;	879

(12) Cooperate with, make its services available to, and act	880
as the agent of persons, courts, the department of job and family	881
services, the department of health, and other organizations within	882
and outside the state, in matters relating to the welfare of	883
children, except that the public children services agency shall	884
not be required to provide supervision of or other services	885
related to the exercise of parenting time rights granted pursuant	886
to section 3109.051 or 3109.12 of the Revised Code or	887
companionship or visitation rights granted pursuant to section	888
3109.051, 3109.11, or 3109.12 of the Revised Code unless a	889
juvenile court, pursuant to Chapter 2151. of the Revised Code, or	890
a common pleas court, pursuant to division (E)(6) of section	891
3113.31 of the Revised Code, requires the provision of supervision	892
or other services related to the exercise of the parenting time	893
rights or companionship or visitation rights;	894

(13) Make investigations at the request of any superintendent	895
of schools in the county or the principal of any school concerning	896
the application of any child adjudicated to be an abused,	897
neglected, or dependent child for release from school, where such	898
service is not provided through a school attendance department;	899

(14) Administer funds provided under Title IV-E of the	900
"Social Security Act," 94 Stat. 501 (1980), 42 U.S.C.A. 671, as	901
amended, in accordance with rules adopted under section 5101.141	902
of the Revised Code;	903

(15) In addition to administering Title IV-E adoption	904
assistance funds, enter into agreements to make adoption	905
assistance payments under section 5153.163 of the Revised Code;	906

(16) Implement a system of safety and risk assessment, in	907
accordance with rules adopted by the director of job and family	908
services, to assist the public children services agency in	909
determining the risk of abuse or neglect to a child;	910

(17) Enter into a plan of cooperation with the board of	911
county commissioners under section 307.983 of the Revised Code and	912
comply with each fiscal agreement the board enters into under	913
section 307.98 of the Revised Code that include family services	914
duties of public children services agencies and contracts the	915
board enters into under sections 307.981 and 307.982 of the	916
Revised Code that affect the public children services agency;	917

(18) Make reasonable efforts to prevent the removal of an	918
alleged or adjudicated abused, neglected, or dependent child from	919
the child's home, eliminate the continued removal of the child	920
from the child's home, or make it possible for the child to return	921
home safely, except that reasonable efforts of that nature are not	922
required when a court has made a determination under division	923
(A)(2) of section 2151.419 of the Revised Code;	924

(19) Make reasonable efforts to place the child in a timely	925
manner in accordance with the permanency plan approved under	926
division (E) of section 2151.417 of the Revised Code and to	927
complete whatever steps are necessary to finalize the permanent	928
placement of the child;	929

(20) Administer a Title IV-A program identified under	930
division (A)(4)(c) or (f) of section 5101.80 of the Revised Code	931
that the department of job and family services provides for the	932
public children services agency to administer under the	933
department's supervision pursuant to section 5101.801 of the	934
Revised Code;	935

(21) Administer the kinship permanency incentive program	936
created under section 5101.802 of the Revised Code under the	937
supervision of the director of job and family services;	938

(22) Provide independent living services pursuant to sections	939
2151.81 to 2151.84 of the Revised Code;	940

(23) File a missing child report with a local law enforcement	941
agency upon becoming aware that a child in the custody of the	942
public children services agency is or may be missing.	943

(B) The public children services agency shall use the system	944
implemented pursuant to division (A)(16) of this section in	945
connection with an investigation undertaken pursuant to division	946
(F)(1) of section 2151.421 of the Revised Code to assess both of	947
the following:	948

(1) The ongoing safety of the child;

949

(2) The appropriateness of the intensity and duration of the	950
services provided to meet child and family needs throughout the	951
duration of a case.	952

(C) Except as provided in section 2151.422 of the Revised	953
Code, in accordance with rules of the director of job and family	954
services, and on behalf of children in the county whom the public	955
children services agency considers to be in need of public care or	956
protective services, the public children services agency may do	957
the following:	958

(1) Provide or find, with other child serving systems,	959
specialized foster care for the care of children in a specialized	960
foster home, as defined in section 5103.02 of the Revised Code,	961
certified under section 5103.03 of the Revised Code;	962

(2)(a) Except as limited by divisions (C)(2)(b) and (c) of	963
this section, contract with the following for the purpose of	964
assisting the agency with its duties:	965

(i) County departments of job and family services;

966

(ii) Boards of alcohol, drug addiction, and mental health	967
services;	968

(iii) County boards of developmental disabilities;

969

(iv) Regional councils of political subdivisions established	970
under Chapter 167. of the Revised Code;	971

(v) Private and government providers of services;

972

(vi) Managed care organizations and prepaid health plans.

973

(b) A public children services agency contract under division	974
(C)(2)(a) of this section regarding the agency's duties under	975
section 2151.421 of the Revised Code may not provide for the	976
entity under contract with the agency to perform any service not	977
authorized by the department's rules.	978

(c) Only a county children services board appointed under	979
section 5153.03 of the Revised Code that is a public children	980
services agency may contract under division (C)(2)(a) of this	981
section. If an entity specified in division (B) or (C) of section	982
5153.02 of the Revised Code is the public children services agency	983
for a county, the board of county commissioners may enter into	984
contracts pursuant to section 307.982 of the Revised Code	985
regarding the agency's duties.	986

Sec. 5153.161. (A) As used in this section, "qualified	987
nonrelative" means a nonrelative adult whom a child or the current	988
custodial caretaker of a child identifies as having a familiar and	989
longstanding relationship or bond with the child or the child's	990
family that will ensure the child's social and cultural ties.	991

(B) Care provided by the public children services agency	992
under division (A)(4) of section 5153.16 of the Revised Code shall	993
be provided by the agency, by its own means or through other	994
available resources, in the child's own home, in the home of a	995
relative or qualified nonrelative, or in a certified foster home,	996
any other home approved by the court, receiving home, school,	997
hospital, convalescent home, or other public or private	998
institution within or outside the county or state.	999

Section 2. That existing sections 2151.33, 3107.062,	1000
3107.063, 3109.53, 3109.59, 3109.60, 3109.66, 3109.70, 3109.71,	1001
3109.72, 3310.41, 5153.16, and 5153.161 and sections 3109.76 and	1002
3109.77 of the Revised Code are hereby repealed.	1003

Section 3. (A) The Department of Job and Family Services	1004
shall develop recommendations for implementation of a subsidized	1005
relative guardianship program in accordance with 42 U.S.C. Section	1006
671(a)(28). In developing the recommendations, the Department	1007
shall consult with representatives of the Ohio Kinship Caregiver	1008
Advisory Council and county public children services agencies. The	1009
recommendations shall address required legislative authority,	1010
state and local cost implications, and activities necessary for	1011
implementation of the program.	1012

(B) The Department shall submit to the Governor, the Speaker	1013
of the House of Representatives, and the President of the Senate a	1014
brief preliminary status report of its work under division (A) of	1015
this section not later than December 31, 2013, and a final report,	1016
including a work plan, not later than twelve months after the	1017
effective date of this act.	1018

Section 4. Notwithstanding any provision of the Revised Code	1019
to the contrary, individuals that provide services to a child	1020
under the autism scholarship program shall not be required to	1021
comply with the requirements of section 3310.43 of the Revised	1022
Code as enacted by this act until twelve months after the	1023
effective date of this section.	1024

Section 5. If a parent of a qualified special education	1025
child received payment for a provider's services under the Autism	1026
Scholarship Program, under section 3310.41 of the Revised Code,	1027
during the 2011-2012 school year but did not receive payment for	1028
services provided by the same provider between July 1, 2012, and	1029
the effective date of this section, the Department of Education	1030
shall, within thirty days after receiving a written request from	1031
the parent, make a payment to the parent to account for services	1032
provided during that period by that provider. These payments shall	1033
be made in accordance with the allocation procedures agreed upon	1034
by the parents prior to the 2012-2013 school year, as filed with	1035
the Department. A parent's written request shall be submitted to	1036
the Department not later than sixty days after the effective date	1037
of this section and shall include a description of all services	1038
for which the parent wishes to receive payment and the amount paid	1039
or owed by the parent for those services.	1040

Section 6. Sections 2151.33, 3107.062, 3107.063, 3109.53,	1041
3109.59, 3109.60, 3109.66, 3109.70, 3109.71, 3109.72, 5153.16, and	1042
5153.161 of the Revised Code, as amended by this act, and new	1043
section 3109.76 and section 2151.411 of the Revised Code, as	1044
enacted by this act, and the repeal of sections 3109.76 and	1045
3109.77 of the Revised Code by this act, shall take effect ninety	1046
days after the effective date of this act.	1047

Section 7. This act is hereby declared to be an emergency	1048
measure necessary for the immediate preservation of the public	1049
peace, health, and safety. The reason for such necessity is to	1050
facilitate timely certification of instructional aides to provide	1051
services to children with special needs, including those on the	1052
autism spectrum. Therefore, this act shall go into immediate	1053
effect.	1054