The online versions of legislation provided on this website are not official. Enrolled bills are the final version passed by the Ohio General Assembly and presented to the Governor for signature. The official version of acts signed by the Governor are available from the Secretary of State's Office in the Continental Plaza, 180 East Broad St., Columbus.
|
H. B. No. 130 As Introduced
As Introduced
125th General Assembly | Regular Session | 2003-2004 |
| |
Representatives Reidelbach, Hagan, McGregor, Kearns, Faber, Otterman, Grendell, Williams, S. Patton, Cirelli, Allen, Clancy
A BILL
To amend sections 3313.64, 3313.66, and 3313.672 and
to enact
sections
3109.51 to 3109.62, 3109.64 to
3109.73, 3109.75 to 3109.81, 3313.649,
3313.6410,
3313.6411, 3313.6412,
3313.6413,
3313.6414, and 3313.6415
of
the Revised
Code to
permit the
execution of
a
power
of
attorney or
caretaker
authorization
affidavit
permitting
certain persons
with whom a
child
resides authority
over the care,
custody, and
control of the child
including the
authority to
make decisions regarding
school
matters and to
consent to the medical,
psychological, and dental
care for the child.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 3313.64, 3313.66, and 3313.672 be
amended and
sections
3109.51,
3109.52, 3109.53, 3109.54,
3109.55,
3109.56,
3109.57,
3109.58,
3109.59, 3109.60, 3109.61,
3109.62,
3109.64,
3109.65,
3109.66, 3109.67, 3109.68, 3109.69,
3109.70,
3109.71,
3109.72, 3109.73, 3109.75, 3109.76, 3109.77,
3109.78,
3109.79, 3109.80, 3109.81, 3313.649, 3313.6410,
3313.6411, 3313.6412, 3313.6413, 3313.6414, and 3313.6415
of the
Revised
Code
be enacted to
read as follows: Sec. 3109.51. As used in sections 3109.52 to 3109.81
of the
Revised Code: (A) "Child" means a person under eighteen years of age. (B) "Custodian" means an individual with legal custody of a
child. (C) "Guardian" means an individual granted authority by a
probate
court pursuant to Chapter 2111. of the Revised
Code to
exercise
parental rights over a child to the extent provided in
the court's order and
subject to the residual parental rights,
privileges, and responsibilities of
the child's
parents. (D) "Legal custody" and "residual parental rights,
privileges,
and responsibilities" have the same meanings as in
section 2151.011 of
the Revised Code. Sec. 3109.52. The parent, guardian, or custodian of a child
may
create a power of attorney that grants to a person with whom
the
child is residing any of the parent's, guardian's, or
custodian's
rights and responsibilities regarding the care,
custody, and
control of the child, including the ability to enroll
the child in
school, to obtain from the school district
educational and behavioral information about the child, to consent
to all school-related matters regarding the child, and to consent
to medical, psychological, or
dental
treatment for the child. The
power of attorney may not
grant authority to consent to the
marriage or adoption of the
child. The power of attorney does
not
affect the rights of the parent, guardian,
or custodian of the
child in any future proceeding concerning
custody of the child or
the allocation of parental rights and
responsibilities for the
care of the child and does not grant legal
custody to the attorney
in
fact. Sec. 3109.53. To create a power of attorney under section
3109.52 of
the Revised Code, a parent, guardian, or custodian
shall use a form that is identical in form and content to the
following: POWER OF ATTORNEYI, the undersigned, residing at ..........., in the county of
.........., state
of .........., hereby appoint ..........,
residing at .........., in the county of
..........., in the state
of Ohio,
with whom the child of whom I am the parent, guardian,
or
custodian is residing, my
attorney in fact to
exercise any and
all
of my rights and responsibilities
regarding
the care, custody,
and
control of the child, .........., born
.........., having
social
security number (optional) .........., except my
authority
to
consent to marriage or adoption of the child
.........., and to
perform all
acts necessary in the execution of
the rights and
responsibilities hereby
granted, as fully as I
might do if
personally present. The rights I am transferring under this power
of attorney include the ability to enroll the child in school, to
obtain from the school district educational and behavioral
information about the child, to consent to all school-related
matters regarding the child, and to consent to medical,
psychological, or dental treatment for the child. This transfer
does not affect my rights in any future proceedings concerning the
custody
of the child or the allocation of the parental rights and
responsibilities for the care of the child and does not give the
attorney in fact legal custody of the child. This transfer does
not terminate my
right to have regular
contact with the child. I hereby certify that I am transferring the rights and
responsibilities designated in this power of attorney because one
of the following circumstances exists: (1) I am: (a) Seriously
ill,
incarcerated or about to be incarcerated; (b) Temporarily
unable
to provide financial support or parental guidance to the
child;
(c) Temporarily unable to provide adequate care and
supervision of
the child because of 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) I am a parent of the
child, the
child's other parent is deceased, and I have authority
to execute
the power of attorney; (3) I have a well-founded belief
that the
power of attorney is in the child's best interest; or (4)
A public
children services agency has requested or recommended in
writing
that I execute the power of attorney. I hereby certify that I am not transferring my rights and
responsibilities regarding the child for the purpose of enrolling
the child in a school or school district so that the child may
participate in the academic or interscholastic athletic
programs
provided by that school or district. This POWER OF ATTORNEY is valid until the occurrence of
whichever
of the following events occurs first: (1) one year
elapses following the
date this POWER OF ATTORNEY is notarized;
(2) I revoke this
POWER OF ATTORNEY in writing; (3) the child
ceases to reside
with the person designated as attorney in fact;
or (4) this POWER OF ATTORNEY is terminated by court order or
pursuant to section 3313.6413 of the Revised Code on a
determination that the
power of attorney is not consistent with
the child's best
interest. WARNING: DO NOT EXECUTE THIS POWER OF ATTORNEY IF ANY
STATEMENT MADE IN THIS INSTRUMENT IS UNTRUE. FALSIFICATION IS A
CRIME. Witness my hand this ...... day of ........., .....
|
..................................... |
|
Parent/Custodian/Guardian's signature |
|
..................................... |
|
Person designated as
attorney in fact |
County of ................) Subscribed, sworn to, and acknowledged before me this ...... day
of
........., .............
|
..................................... |
|
Notary Public |
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; (3) The parent, guardian, or custodian has a well-founded belief that the power of attorney is in the child's best interest; or (4) A public children services agency has requested or recommended in writing that this power of attorney be executed. |
2. |
|
The signatures of the parent, guardian, or custodian of the child and the attorney in fact must be notarized by an
Ohio
notary public. |
3. |
|
A parent, guardian, or custodian who creates a power of attorney must notify the parent of the child who is not the residential parent and legal custodian of the child and who is not 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. The notice must be sent by certified mail not later than five days after the power of attorney is created and must state the name and address of the person designated as the attorney in fact. |
4. |
|
A parent, guardian, or custodian who creates a power of attorney must file it with the public children services agency of the county in which the attorney in fact resides. The power of attorney must be filed not later than five days after the date it is created and be accompanied by a receipt showing that the notice of creation of the power of attorney was sent to the parent who is not the residential parent and legal custodian by certified mail. |
5. |
|
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. On filing, the juvenile court will schedule a hearing to determine whether the power of attorney is in the child's best interest. |
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. |
7. |
|
A person or entity that relies on this power of attorney, in good
faith, has
no
obligation to make any further inquiry or
investigation. |
8. |
|
This power of attorney terminates on the occurrence of whichever of
the
following occurs first: (1) one year elapses following
the date
the power of attorney is notarized; (2) the power of attorney is revoked in writing by the person who created it; (3) the child ceases to
live with the
attorney in fact;
or (4) the power of attorney is terminated by court order or pursuant to section 3313.6413 of the Revised Code on a determination that the power of attorney is not consistent with the child's best interest. |
|
|
On termination of this power of attorney, the person who served as the attorney in fact shall notify, in writing, any schools,
health care
providers, or health insurance coverage provider with
which
the child has been involved through the person who served as the attorney in fact. The
person who served as the attorney in fact
shall also notify, in writing, any other person or
entity that has
an ongoing relationship with the child or
person who served as the attorney in fact such that the other
person or entity would reasonably
rely on the power of attorney unless
notified of the termination. On termination of this power of attorney, the person who served as attorney in fact shall notify, in writing, the public children services agency in which the power of attorney was filed after its creation and 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 person who served as the attorney in fact shall make the notifications not later than one week after the date the power of attorney terminates. Notification of the school at which the person who served as the attorney in fact sought to enroll the child is not required if the power of attorney terminated pursuant to section 3313.6413 of the Revised Code. |
|
|
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. |
1. |
|
Except as provided in sections 3313.649 to 3313.6415 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 attorney in fact
resides and the attorney in fact is authorized to provide
consent in all school-related matters and to obtain from the school district educational and behavioral information about the child.
This power of attorney does
not preclude the parent, guardian, or
custodian of the child
from having access to all school records
pertinent to the
child. |
2. |
|
The school district may require additional reasonable
evidence
that the attorney in fact lives in the school district. |
3. |
|
A school district or school official that reasonably and in
good faith relies on this power of attorney has no obligation to make
any further
inquiry or investigation. |
To health care providers:
1. |
|
A person or entity that acts in good faith reliance on a
power of attorney to provide
medical, psychological, or dental treatment, without actual knowledge of facts
contrary to
those stated in the power of attorney, is not subject to criminal
liability or
to civil liability to any person or entity, and
is not subject to
professional disciplinary action, solely
for such
reliance if the
power of attorney is completed
and the signatures of the parent, guardian, or custodian of the child and the attorney in fact are
notarized. |
2. |
|
The decision of an attorney in fact, based on a
power of attorney, shall be honored by a health
care
facility or practitioner, school district, or school official. |
Sec. 3109.54. A power of attorney created pursuant to
section
3109.52 of the Revised Code must be signed by the parent,
guardian, or custodian granting it and by the person designated as
the
attorney
in fact. For the power of attorney to be effective,
the signatures must be
notarized. The child's social security
number need not appear on the power of attorney for the power of
attorney to be effective.
Sec. 3109.55. A person who creates a power of attorney
under section 3109.52 of the Revised Code shall send notice of the
creation to the parent of the child who is not the residential
parent and legal custodian of the child and who is not prohibited
from receiving a notice of relocation in accordance with section
3109.051 of the Revised Code. The notice shall be sent by
certified mail not later than five days after the power of
attorney
is created. The notice shall state the name and address
of the
person designated as the attorney in fact.
Sec. 3109.56. When a parent seeks to create a power of
attorney
pursuant to section 3109.52 of the Revised Code, all of
the
following apply:
(A) The power of attorney shall be executed by both parents
if the parents are married to each other and are living as husband
and wife or the child is the subject of a shared parenting order
issued pursuant to section 3109.04 of the Revised Code.
(B) In all other cases, the power of attorney may be
executed only by one of the following persons:
(1) The parent who is the residential parent and legal
custodian of the child, as determined by court order or as
provided in section 3109.042 of the Revised Code;
(2) The parent with whom the child is residing the majority
of the school year in cases in which no court has issued an order
designating a parent as the residential parent and legal custodian
of the child or section 3109.042 of the Revised Code is not
applicable.
Sec. 3109.57. (A) Except as provided in division (B) of this
section and subject to sections 3109.56 and 3109.58 of the
Revised
Code, a parent, guardian, or custodian may create a power
of
attorney under section 3109.52 of the Revised Code only under
the
following circumstances: (1) The parent, guardian, or custodian of the child is any
of the following: (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; (e) In or about to enter a residential treatment program for
substance abuse. (2) The parent, guardian, or custodian of the child has a
well-founded belief that the power of attorney is in the child's
best interest; (3) A public children services agency requests or recommends
in writing that a power of attorney regarding the child be
executed.
(B) In addition to the circumstances described in
division
(A) of this section and subject to sections 3109.56 and
3109.58
of
the Revised Code, a parent may execute a power of
attorney if
the
other parent of the child is deceased. Sec. 3109.58. (A) As used in this section, "temporary
custody," "permanent custody," and "planned
permanent living
arrangement" have the same meanings as in section
2151.011 of the
Revised Code. (B) A power of attorney created pursuant to section 3109.52
of the Revised Code may not be executed with respect to a child
while any of the following proceedings are pending regarding the
child: (1) A proceeding for the appointment of a guardian for, or
the adoption of, the child;
(2) A juvenile proceeding in which one of the following
applies: (a) The temporary, permanent, or legal custody of the child
or the placement of the child in a planned permanent living
arrangement has been requested. (b) The child is the subject of an ex parte emergency custody
order issued under division (D) of section 2151.31 of the Revised
Code, and no hearing has yet been held regarding the child under
division (A) of section 2151.314 of the Revised Code. (c) The child is the subject of a temporary custody order
issued under section 2151.33 of the Revised Code. (3) A proceeding for divorce, dissolution, legal separation,
annulment, or allocation of parental rights and responsibilities
regarding the child. Sec. 3109.59. A power of attorney created under section
3109.52
of the Revised Code terminates on the occurrence of
whichever of the following events occurs first: (A) One year elapses following the date the power of
attorney is
notarized. (B) The power of attorney is revoked in writing by the
person who
created it. (C) The child ceases to reside with the person designated as
the
attorney in fact. (D) The power of attorney is terminated by court order or
pursuant to section 3313.6413 of the Revised Code on a
determination that
the power of attorney is not consistent with
the child's best
interest. Sec. 3109.60. When a power of attorney created pursuant to
section 3109.52
of the Revised Code terminates, the person
designated as the
attorney in fact
shall notify, in writing, all
of the following: (A) The
school
district in
which the child attends school; (B) The child's
health
care providers; (C) The
child's health insurance coverage
provider; (D) The public children services agency in which the power
of attorney was filed under section 3109.75 of the Revised Code; (E) The parent who is not the residential parent and legal
custodian and who is required to be given notice under section
3109.55 of the Revised Code; (F) Any other person or entity that has an ongoing
relationship with the child or attorney in fact such that the
person or entity would reasonably rely on the power of attorney
unless notified of the termination. The attorney in fact shall
make the notifications not later
than one week after the date the
power of attorney terminates. Sec. 3109.61. A person who, in good faith, relies on or
takes
action in reliance on a power of attorney created under
section 3109.52
of the Revised Code is immune from any criminal or
civil
liability
for injury, death, or loss to persons or property
that might otherwise be
incurred or imposed solely as a result of
the
person's reliance or
action. The person is not subject to any
disciplinary action from an entity
that
licenses or certifies the
person. Any medical, psychological, or dental treatment
provided to a
child in reliance on a power of attorney created under
section
3109.52 of the Revised Code
shall be considered to have been
provided in good faith if
the person providing the treatment had
no actual
knowledge of opposition by the parent, guardian, or
custodian. This section does not provide immunity from civil or criminal
liability to any person for actions that are wanton, reckless, or
inconsistent with the ordinary standard of care required to be
exercised by anyone acting in the same capacity as the person.
Sec. 3109.62. A military power of attorney executed pursuant
to section 574(a) of the "National Defense Authorization Act for
Fiscal Year 1994," 107 Stat. 1674 (1993), 10 U.S.C. 1044b, that
grants a person's rights and responsibilities regarding the care,
custody, and control of the person's child, including the ability
to enroll the child in school, to obtain from the school district
educational and behavioral information about the child, to consent
to all school-related matters regarding the child, and to consent
to medical,
psychological, or dental treatment for the child shall
be
considered a power of attorney created pursuant to sections
3109.51 to 3109.61 of the Revised Code, as long as the military
power of attorney, according to its terms, remains in effect. Sec. 3109.64. As used in sections 3109.65 to 3109.81 of the
Revised
Code, "qualified relative" means any person over eighteen
years of
age who is related to a child by blood, marriage,
or
marriage that has
been legally
terminated. "Qualified relative" does not include the following persons: (A) A parent of the child who has committed an act resulting
in
the child being adjudicated an abused or neglected child; (B) The residential parent and legal custodian of the child,
in
cases in which the parents of the child are divorced or their
marriage
has been dissolved or annulled; (C) The child's guardian; (D) The child's custodian. Sec. 3109.65. If a child is living with a qualified relative
who has made
reasonable attempts to locate and contact the child's
parent,
guardian, or custodian
but has been unable to do so, the
qualified
relative may obtain
authority to exercise care, custody,
and
control of the child
including authority to enroll the child
in
school, to discuss with the school district the child's
educational progress, to consent to all school-related matters
regarding the child, and to consent
to medical, psychological, or
dental
treatment for the child by
executing a caretaker
authorization
affidavit in accordance with section 3109.67 of
the
Revised
Code. Sec. 3109.66. The caretaker authorization affidavit that a
qualified relative described in section
3109.65 of the
Revised
Code may execute shall be identical in form and
content to the
following: CARETAKER AUTHORIZATION AFFIDAVITUse of this affidavit is authorized by sections 3109.64 to 3109.73
of the Ohio Revised Code. Completion of items 1-7 and the signing and notarization of this
affidavit is sufficient to authorize the person signing
to
exercise care, custody, and control of the child who
is its
subject, including authority to enroll
the child in school, to
discuss with the school district the child's educational
progress, to consent to all school-related matters regarding the
child, and to
consent to medical, psychological, or dental
treatment for the
child. The child named below lives in my home, I am 18 years of age or
older, and I am a qualified relative (see definition below).
1. |
|
Name of child: |
2. |
|
Child's date and year of birth: |
3. |
|
Child's social security number (optional): |
4. |
|
My name: |
5. |
|
My home address: |
6. |
|
My date and year of birth: |
7. |
|
My Ohio driver's license number or identification card
number: |
8. |
|
Despite having made reasonable attempts, I am unable
to locate or unable to contact the child's parent, guardian, or custodian. |
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. |
WARNING: DO NOT SIGN THIS FORM IF ANY OF THE ABOVE STATEMENTS
ARE
INCORRECT. FALSIFICATION IS A CRIME. I declare that the foregoing is true and correct: Signed:.......................... Date:...................... County of ................) Subscribed, sworn to, and acknowledged before me this ...... day
of
........., .............
|
..................................... |
|
Notary Public |
1. |
|
The qualified relative's signature must be notarized by an
Ohio
notary public. |
2. |
|
The qualified relative who executed this affidavit must file it with the public children services agency of the county in which the qualified relative resides not later than five days after the date it is executed. |
3. |
|
A qualified relative who executes a second or subsequent caretaker authorization affidavit regarding a child who is the subject of a prior caretaker authorization affidavit must file the affidavit with the juvenile court of the county in which the qualified relative resides. On filing, the juvenile court will schedule a hearing to determine whether the caretaker authorization affidavit is in the child's best interest. |
4. |
|
This affidavit does not affect the rights of the child's
parents, guardian, or custodian regarding the care, custody,
and control of
the
child, and does not give the qualified
relative legal custody of
the child. |
5. |
|
A person or entity that relies on this affidavit, in good
faith, has
no
obligation to make any further inquiry or
investigation. |
6. |
|
This affidavit terminates on the occurrence of whichever of
the
following occurs first: (1) one year elapses following
the date
the affidavit is notarized; (2) the child ceases to
live with the
qualified relative who signs this form; (3)
the parent, guardian,
or custodian of the child acts to
negate, reverse, or otherwise
disapprove an action or
decision of the qualified relative who signed this
affidavit;
or (4) the affidavit is terminated by court order. |
|
|
A parent, guardian, or custodian may negate, reverse, or
disapprove a qualified relative's action or decision only by
delivering written notice of negation, reversal, or disapproval to
the qualified relative and the person acting on the qualified
relative's action or decision in reliance on this affidavit. |
|
|
On termination of this affidavit, the qualified
relative
who
signed this affidavit shall notify, in writing, any schools,
health
care providers, or health insurance coverage provider with
which
the child has been involved through the qualified relative. The qualified
relative
shall also notify, in writing, any other person or
entity that has
an ongoing relationship with the child or
caretaker such that the
person or entity would reasonably
rely on the affidavit unless
notified of the termination. On termination of this affidavit, the qualified relative shall notify, in writing, the public children services agency in which the affidavit was filed after its creation. The qualified relative shall make the notifications not later than one week after the date the affidavit terminates. |
7. |
|
The decision of a qualified relative to consent to or to
refuse
medical treatment or school enrollment for a child is
superseded by a contrary decision of a parent, custodian, or
guardian of the
child, unless the decision of the parent, guardian, or custodian would jeopardize the life, health, or safety of the child. |
1. |
|
"Qualified relative," for the purposes of this affidavit,
means
any person over the age of 18 who is related to the
child, whether by
blood, marriage, or marriage that has been
terminated and includes any person
related to the child and
designated by one of the following terms: spouse,
stepparent,
brother, sister, stepbrother, stepsister,
half-brother,
half-sister, uncle, aunt, niece, nephew,
cousin, or any
person denoted by the prefix "grand" or
"great," or the spouse of
any of the persons specified in
this definition. |
|
|
"Qualified relative" does not include: (1) a parent of the
child
who has committed an act resulting in the child being
adjudicated
an abused
or neglected child; (2) the residential
parent and legal
custodian of the
child, in cases in which
the parents of the child
are divorced or
their marriage has
been dissolved or annulled; (3)
the child's
guardian; or (4)
the child's custodian. |
2. |
|
If the child stops living with you, you are required to
notify, in writing, any school, health care provider, or
health care
insurance provider
to which you have given this
affidavit. You are also required to notify, in writing, any
other person or entity that has an ongoing relationship with
you or the child such that the person or entity would
reasonably rely on the affidavit unless notified. The notifications must be made not later than one week after the child stops living with you. |
3. |
|
If you do not have the information requested in item 7 (Ohio
driver's license or identification card), provide another
form of
identification such as your social security number or
medicaid
number. |
1. |
|
This affidavit, properly completed and notarized, authorizes
the
child in question to attend school in the district in
which
the qualified relative who signed this affidavit
resides and the qualified
relative is authorized to provide
consent in all school-related matters and to discuss with the school district the child's educational progress.
This affidavit does
not preclude the parent, guardian, or
custodian of the child
from having access to all school records
pertinent to the
child. |
2. |
|
The school district may require additional reasonable
evidence
that the qualified relative lives at the address provided in
item 5. |
3. |
|
A school district or school official that reasonably and in
good faith relies on this affidavit has no obligation to make
any further
inquiry or investigation. |
4. |
|
The act of a parent, guardian, or custodian of the child to
negate,
reverse, or otherwise disapprove an action or
decision of the qualified
relative who signed this affidavit
constitutes termination of this affidavit. A
parent, guardian, or custodian may negate, reverse, or disapprove
a qualified relative's action or decision only by delivering
written notice of negation, reversal, or disapproval to the
qualified relative and the person acting on the qualified
relative's action or decision in reliance on this affidavit. |
To health care providers:
1. |
|
A person or entity that acts in good faith reliance on a
CARETAKER AUTHORIZATION AFFIDAVIT to provide medical, psychological, or dental treatment, without actual knowledge of facts
contrary to
those stated in the affidavit, is not subject to criminal
liability or
to civil liability to any person or entity, and
is not subject to
professional disciplinary action, solely
for such
reliance if the
applicable portions of the form are
completed
and the qualified relative's
signature is
notarized. |
2. |
|
The decision of a qualified relative, based on a
CARETAKER
AUTHORIZATION AFFIDAVIT, shall be honored by a health
care
facility or practitioner, school district, or school official
unless
the health care facility or practitioner or
educational facility or official
has actual knowledge that a
parent, guardian, or custodian of a child has made a
contravening
decision to consent to or to refuse medical
treatment for the
child. |
3. |
|
The act of a parent, guardian, or custodian of the child to
negate,
reverse, or otherwise disapprove an action or
decision of the qualified
relative who signed this affidavit
constitutes termination of this affidavit. A
parent, guardian, or custodian may negate, reverse, or disapprove
a qualified relative's action or decision only by delivering
written notice of negation, reversal, or disapproval to the
qualified relative and the person acting on the qualified
relative's action or decision in reliance on this affidavit. |
Sec. 3109.67. A caretaker authorization affidavit
described
in
section
3109.66 of the Revised Code is executed when
the
affidavit
is
completed, signed by a qualified relative
described
in section
3109.65 of
the
Revised Code, and notarized. Sec. 3109.68. (A) As used in this section, "temporary
custody," "permanent custody," and "planned
permanent living
arrangement" have the same meanings as in section
2151.011 of the
Revised Code. (B) An affidavit may not be executed with respect to a child
while any of the following proceedings are pending regarding the
child:
(1) A proceeding for the appointment of a guardian for, or
the adoption of, the child;
(2) A juvenile proceeding in which one of the following
applies: (a) The temporary, permanent, or legal custody of the child
or the placement of the child in a planned permanent living
arrangement has been requested. (b) The child is the subject of an ex parte emergency custody
order issued under division (D) of section 2151.31 of the Revised
Code, and no hearing has yet been held regarding the child under
division (A) of section 2151.314 of the Revised Code. (c) The child is the subject of a temporary custody order
issued under section 2151.33 of the Revised Code.
(3) A proceeding for divorce, dissolution, legal separation,
annulment, or allocation of parental rights and responsibilities
regarding the child. Sec. 3109.69. Once a caretaker authorization affidavit has
been
executed under section 3109.67 of the Revised Code, the
qualified relative may exercise care, custody, and
control of the
child, including enrolling the child in school, discussing with
the school district the child's educational progress, consenting
to all school-related matters regarding the child, and
consenting
to
medical, psychological, or dental treatment for
the
child.
The
affidavit does not affect the
rights and
responsibilities of
the
parent, guardian, or custodian regarding
the child, does not
grant
legal custody to the qualified relative,
and does not
grant
authority to the qualified relative to consent
to the marriage or
adoption of the child. Sec. 3109.70. An executed caretaker authorization affidavit
shall
terminate on the occurrence of whichever of the following
comes first: (A) One year elapses following the date the affidavit is
notarized. (B) The child ceases to reside with the qualified relative. (C) The parent, guardian, or custodian of the child who
is
the
subject of the affidavit acts, in accordance with section
3109.72 of the Revised Code, to negate, reverse, or otherwise
disapprove
an action or decision of the qualified relative who
signed the
affidavit with respect to the child. (D) The affidavit is terminated by court order. Sec. 3109.71. When a caretaker authorization
affidavit
terminates, the qualified relative shall notify, in writing, the
school
district
in which the child attends
school, the child's
health
care providers, the child's health
insurance coverage
provider, the public children services agency in which the
affidavit was filed under section 3109.75 of the Revised Code, and
any other person or entity that has an ongoing
relationship with
the child or qualified relative such that the
person or entity
would reasonably rely on the affidavit unless
notified of the
termination. The qualified relative shall make the
notifications
not later than one week after the date the affidavit
terminates. Sec. 3109.72. The parent, guardian, or custodian of a child
may
negate, reverse, or otherwise disapprove any action
taken
or
decision made pursuant to
a caretaker authorization
affidavit
unless negation, reversal, or disapproval would
jeopardize the
life, health, or safety of the child. A parent,
guardian, or
custodian may negate, reverse, or disapprove a
caretaker's action
or decision only by delivering written notice
of negation,
reversal, or disapproval to the caretaker and the
person
responding to the caretaker's action or decision in
reliance on
the affidavit. The
act to
negate, reverse, or disapprove the
action or
decision, regardless
of whether it is effective,
terminates the affidavit. Sec. 3109.73. A person who, in good faith, relies on or
takes
action in reliance on a caretaker authorization affidavit is
immune
from any criminal or civil liability for injury, death, or
loss to
persons or property that might otherwise be incurred or
imposed solely as a
result of the reliance or action. The person
is not
subject to
any disciplinary action from an entity that
licenses or
certifies
the person. Any
medical, psychological, or
dental
treatment
provided to a
child in reliance on an
affidavit
with respect to the child shall
be
considered to have
been
provided in good faith if the
the
person providing the
treatment
had no actual knowledge of
opposition by
the parent,
guardian, or
custodian. This section does not provide immunity from civil or criminal
liability to any person for actions that are wanton, reckless, or
inconsistent with the ordinary standard of care required to be
exercised by anyone acting in the same capacity as the person.
Sec. 3109.75. A person who creates a power of attorney
under section 3109.52 of the Revised Code or executes a caretaker
authorization affidavit under section 3109.67 of the Revised Code
shall file the power of attorney or affidavit with the public
children services agency of the county in which the attorney in
fact or qualified relative resides. The power of attorney or
affidavit shall be filed not later than five days after the date
it
is created or executed.
A power of attorney filed under this section shall 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 under
section 3109.55 of the Revised Code. Sec.
3109.76. On the request of the person in charge
of admissions of a school or a person described under division
(A)(1)(b) of section 2151.421 of the Revised Code, a public
children services agency shall verify whether a power of attorney
of caretaker authorization affidavit has been filed under section
3109.75 of the Revised Code with respect to a child. Sec. 3109.77. If a second or subsequent power of attorney is
created under section 3109.52 of the Revised Code regarding a
child who is the subject of a prior power of attorney or a second or
subsequent caretaker authorization affidavit is executed under
section 3109.67 of the Revised Code regarding a child who is the subject of a
prior affidavit, the person who creates the power of attorney or executes the affidavit must file it
with the juvenile court of the county in which the attorney in
fact or qualified relative resides. Sec.
3109.78. On the filing of a power of attorney or
caretaker authorization affidavit under section 3109.77 of the
Revised Code, the juvenile court shall schedule a hearing to
determine whether the power of attorney or affidavit is in the
child's best interest. The court shall provide notice of the
date, time, and location of the hearing to the parties. The
hearing shall be held not later than ten days after the date the
power of attorney or affidavit was filed with the court. At the
hearing, the parties may present evidence and be represented by
counsel.
At the conclusion of the hearing, if the court determines
that the power of attorney or affidavit is in the child's best
interest, the power of attorney or affidavit shall remain in
effect unless otherwise terminated under section 3109.59 of the
Revised Code with
respect to a power of attorney or section
3109.70 of the Revised Code with respect to
an affidavit. If the
court determines the power of attorney or
affidavit is not in the
child's best interest, the court shall
issue an order terminating
the power of attorney or affidavit and
ordering the child returned
to the child's parent, guardian, or
custodian. If the parent,
guardian, or custodian of the child
cannot be located, the court
shall treat the filing of the power
of attorney or affidavit with
the court as a complaint under
section 2151.27 of the Revised Code
that the child is a dependent
child. Sec. 3109.79. No person shall create a power of attorney
under section
3109.52 of the Revised Code or execute a caretaker
authorization affidavit under section
3109.67 of the Revised Code
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 the school or school
district. A power of attorney created, or an affidavit executed,
in violation of this section is void as of the date of its
creation or execution.
Sec. 3109.80. As used in this section, "administrative
child support order" and "court child support order" have the same
meanings as in section 3119.01 of the Revised Code. A power of
attorney created under section 3109.52 of the
Revised Code or a
caretaker authorization affidavit executed under
section 3109.67
of the Revised Code shall not affect the
enforcement of an
administrative child support order or court
child support order,
unless a child support enforcement agency,
with respect to an
administrative child support order, or a court,
with respect to
either order, issues an order providing otherwise. Sec.
3109.81. Only one power of attorney created under
section 3109.52 of the Revised Code or one caretaker authorization
executed under section 3109.67 of the Revised Code may be in
effect for a child at one time.
Sec. 3313.64. (A) As used in this section and in section
3313.65 of the Revised Code: (1)
"Parent" (a) Except as provided in division (A)(1)(b) of
this section, "parent" means either parent, unless the parents
are
separated or divorced or their marriage has been dissolved or
annulled, in which case
"parent" means the parent who is the
residential parent and legal custodian of the child. When a
child
is in the legal custody of a government agency or a person
other
than the child's natural or adoptive parent,
"parent" means
the
parent with residual parental rights, privileges, and
responsibilities. When a child is in the permanent custody of a
government agency or a person other than the child's natural or
adoptive parent,
"parent" means the parent who was divested of
parental
rights and responsibilities for the care of the child and
the
right to have the child live with the parent and be the legal
custodian
of the child and all residual parental rights,
privileges, and
responsibilities.
(b) When a child is the subject of a power of attorney
executed under sections 3109.51 to 3109.62 of the Revised Code,
"parent" means the attorney in fact under the power of attorney.
When a child is the subject of a caretaker authorization affidavit
executed under sections 3109.64 to 3109.73 of the Revised Code,
"parent" means the qualified relative under the affidavit. (2)
"Legal custody,"
"permanent custody," and
"residual
parental rights, privileges, and responsibilities" have the same
meanings as in section 2151.011 of the Revised Code. (3)
"School district" or
"district" means a city, local,
or
exempted village school district and excludes any school
operated
in an institution maintained by the department of youth
services. (4) Except as used in division (C)(2) of this section,
"home" means a home, institution, foster home, group home,
or
other residential facility in this state that receives and
cares
for children, to which any of the following applies: (a) The home is licensed, certified, or approved for such
purpose by the state or is maintained by the department of youth
services. (b) The home is operated by a person who is licensed,
certified, or approved by the state to operate the home for such
purpose. (c) The home accepted the child through a placement by a
person licensed, certified, or approved to place a child in such
a
home by the state. (d) The home is a children's home created under section
5153.21 or 5153.36 of the Revised Code. (5)
"Agency" means all of the following: (a) A public children services agency; (b) An organization that holds a certificate issued by the
Ohio department of job and family services in accordance
with the
requirements of section 5103.03 of the Revised Code and assumes
temporary or permanent custody of children through commitment,
agreement, or surrender, and places children in family homes for
the purpose of adoption; (c) Comparable agencies of other states or countries that
have complied with applicable requirements of section 2151.39, or
sections 5103.20 to 5103.28 of the Revised Code. (6) A child is placed for adoption if either of the
following occurs: (a) An agency to which the child has been permanently
committed or surrendered enters into an agreement with a person
pursuant to section 5103.16 of the Revised Code for
the care and
adoption of the child. (b) The child's natural parent places the child pursuant
to
section 5103.16 of the Revised Code with a person who will
care
for and adopt the child. (7)
"Handicapped preschool child" means a handicapped
child,
as defined by division (A) of section 3323.01 of the
Revised Code,
who is at least three years of age but is not of
compulsory school
age, as defined in section 3321.01 of the
Revised Code, and who is
not currently enrolled in kindergarten. (8)
"Child," unless otherwise indicated, includes
handicapped
preschool children. (B) Except as otherwise provided in section 3321.01 of the
Revised Code for admittance to kindergarten and first grade, a
child who is at least five but under twenty-two years of age and
any handicapped preschool child shall be admitted to school as
provided in this division. (1) A child shall be admitted to the schools of the school
district in which the child's parent resides. (2) A child who does not reside in the district where
the
child's parent resides shall be admitted to the schools of the
district
in which the child resides if any of the following
applies: (a) The child is in the legal or permanent custody of a
government agency or a person other than the child's natural
or
adoptive
parent. (b) The child resides in a home. (c) The child requires special education. (3) A child who is not entitled under division (B)(2) of
this section to be admitted to the schools of the district where
the child resides and who is residing with a resident of this
state with
whom the child has been placed for adoption shall be
admitted
to the
schools of the district where the child resides
unless either of
the following applies: (a) The placement for adoption has been terminated. (b) Another school district is required to admit the child
under division (B)(1) of this section. Division (B) of this section does not prohibit the board of
education of a school district from placing a handicapped child
who resides in the district in a special education program
outside
of the district or its schools in compliance with Chapter
3323. of
the Revised Code. (C) A district shall not charge tuition for children
admitted under division (B)(1) or (3) of this section. If the
district admits a child under division (B)(2) of this section,
tuition shall be paid to the district that admits the child as
follows: (1) If the child receives special education in accordance
with Chapter 3323. of the Revised Code, tuition shall be paid in
accordance with section 3323.091, 3323.13, 3323.14, or 3323.141
of
the Revised Code regardless of who has custody of the child or
whether the child resides in a home. (2) Except as otherwise provided in division (C)(2)(d) of
this section, if the child is in the permanent or legal custody
of
a government agency or person other than the child's parent,
tuition shall be paid by: (a) The district in which the child's parent resided at
the
time the court removed the child from home or at the time
the
court vested legal or permanent custody of the child in the
person
or government agency, whichever occurred first; (b) If the parent's residence at the time the court
removed
the child from home or placed the child in the
legal or permanent
custody of the person or government agency is unknown,
tuition
shall be paid by the district in which the child resided
at the
time the child was removed from home or placed in
legal or
permanent custody, whichever occurred first; (c) If a school district cannot be established under
division (C)(2)(a) or (b) of this section, tuition shall be paid
by the district determined as required by section 2151.357 of the
Revised Code by the court at the time it vests custody of the
child in the person or government agency; (d) If at the time the court removed the child from
home or
vested legal or permanent custody of the child in the
person or
government agency, whichever occurred first, one parent
was in a
residential or correctional facility or a juvenile
residential
placement and the other parent, if living and not in
such a
facility or placement, was not known to reside in this
state,
tuition shall be paid by the district determined under
division
(D) of section 3313.65 of the Revised Code as the
district
required to pay any tuition while the parent was in such
facility
or placement. (3) If the child is not in the permanent or legal custody
of
a government agency or person other than the child's
parent and
the child
resides in a home, tuition shall be paid by one of the
following: (a) The school district in which the child's parent
resides; (b) If the child's parent is not a resident of this state,
the home in which the child resides. (D) Tuition required to be paid under divisions (C)(2) and
(3)(a) of this section shall be computed in accordance with
section 3317.08 of the Revised Code. Tuition required to be paid
under division (C)(3)(b) of this section shall be computed in
accordance with section 3317.081 of the Revised Code. If a home
fails to pay the tuition required by division (C)(3)(b) of this
section, the board of education providing the education may
recover in a civil action the tuition and the expenses incurred
in
prosecuting the action, including court costs and reasonable
attorney's fees. If the prosecuting attorney or city director of
law represents the board in such action, costs and reasonable
attorney's fees awarded by the court, based upon the prosecuting
attorney's, director's, or one of their designee's time
spent
preparing
and presenting the case, shall be deposited in the
county or city
general fund. (E) A board of education may enroll a child free of any
tuition obligation for a period not to exceed sixty days, on the
sworn statement of an adult resident of the district that the
resident has
initiated legal proceedings for custody of the child. (F) In the case of any individual entitled to attend
school
under this division, no tuition shall be charged by the
school
district of attendance and no other school district shall
be
required to pay tuition for the individual's attendance.
Notwithstanding division (B), (C), or (E) of this section: (1) All persons at least eighteen but under twenty-two
years
of age who live apart from their parents, support
themselves by
their own labor, and have not successfully
completed the high
school curriculum or the individualized
education program
developed for the person by the high school
pursuant to section
3323.08 of the Revised Code, are entitled to
attend school in the
district in which they reside. (2) Any child under eighteen years of age who is married
is
entitled to attend school in the child's district of
residence. (3) A child is entitled to attend school in the district
in
which either of the child's parents is employed if the
child has a
medical condition that may require emergency medical attention.
The parent of
a child entitled to attend school under division
(F)(3) of this section shall submit to the board of education of
the district in which the parent is employed a statement from the
child's physician certifying that the child's medical condition
may require emergency medical attention. The statement shall be
supported by such other evidence as the board may require. (4) Any child residing with a person other than the child's
parent
is entitled, for a period not to exceed twelve months, to
attend
school in the district in which that person resides if the
child's parent files an affidavit with the superintendent of the
district in which the person with whom the child is living
resides
stating all of the following: (a) That the parent is serving outside of the state in the
armed services of the United States; (b) That the parent intends to reside in the district upon
returning to this state; (c) The name and address of the person with whom the child
is living while the parent is outside the state. (5) Any child under the age of twenty-two years who, after
the
death of a parent, resides in a school district other than the
district in which the child attended school at the time of the
parent's death is entitled to continue to attend school in the
district in which the child attended school at the time of the
parent's death for the remainder of the school year, subject to
approval of that district board. (6) A child under the age of twenty-two years who resides
with a parent who is having a new house built in a school
district
outside the district where the parent is residing is
entitled to
attend school for a period of time in the district
where the new
house is being built. In order to be entitled to
such attendance,
the parent shall provide the district
superintendent with the
following: (a) A sworn statement explaining the situation, revealing
the location of the house being built, and stating the parent's
intention to reside there upon its completion; (b) A statement from the builder confirming that a new
house
is being built for the parent and that the house is at the
location indicated in the parent's statement. (7) A child under the age of twenty-two years residing with
a
parent who has a contract to purchase a house in a school
district outside the district where the parent is residing and
who
is waiting upon the date of closing of the mortgage loan for
the
purchase of such house is entitled to attend school for a
period
of time in the district where the house is being
purchased. In
order to be entitled to such attendance, the
parent shall provide
the district superintendent with the
following: (a) A sworn statement explaining the situation, revealing
the location of the house being purchased, and stating the
parent's intent to reside there; (b) A statement from a real estate broker or bank officer
confirming that the parent has a contract to purchase the house,
that the parent is waiting upon the date of closing of the
mortgage loan, and that the house is at the location indicated in
the parent's statement. The district superintendent shall establish a period of
time
not to exceed ninety days during which the child entitled to
attend school under division (F)(6) or (7) of this section may
attend without tuition obligation. A student attending a school
under division (F)(6) or (7) of this section shall be eligible to
participate in interscholastic athletics under the auspices of
that school, provided the board of education of the school
district where the student's parent resides, by a formal action,
releases the student to participate in interscholastic athletics
at the school where the student is attending, and provided the
student receives any authorization required by a public agency or
private organization of which the school district is a member
exercising authority over interscholastic sports. (8) A child whose parent is a full-time employee of a
city,
local, or exempted village school district, or of an
educational
service center, may be admitted
to the schools of the district
where the child's parent is
employed, or in the case of a child
whose parent is employed by an
educational service center, in the
district that serves the location where
the parent's job is
primarily located,
provided the district board of education
establishes such an admission
policy by resolution adopted by a
majority of its members. Any
such policy shall take effect on the
first day of the school year
and the effective date of any
amendment or repeal may not be
prior to the first day of the
subsequent school year. The policy
shall be uniformly applied to
all such children and shall provide
for the admission of any such
child upon request of the parent. No child may
be admitted under
this policy after the first day of
classes of any school year. (9) A child who is with the child's parent under the care
of
a
shelter for victims of domestic violence, as defined in section
3113.33 of the Revised Code, is entitled to attend school free in
the district in which the child is with the child's parent,
and no
other school
district shall be required to pay tuition for the
child's
attendance in
that school district. The enrollment of a child in a school district under this
division shall not be denied due to a delay in the school
district's receipt of any records required under section 3313.672
of the Revised Code or any other records required for enrollment.
Any days of attendance and any credits earned by a child while
enrolled in a school district under this division shall be
transferred to and accepted by any school district in which the
child subsequently enrolls. The state board of education shall
adopt rules to ensure compliance with this division. (10) Any child under the age of twenty-two years whose
parent
has moved out of the school district after the commencement
of
classes in the child's senior year of high school is entitled,
subject to the approval of that district board, to attend school
in the district in which the child attended school at the
time of
the parental move for the remainder of the school year and
for one
additional semester or equivalent term. A district board may
also
adopt a policy specifying extenuating circumstances under
which a
student may continue to attend school under division
(F)(10) of
this section for an additional period of time in order
to
successfully complete the high school curriculum for the
individualized education program developed for the student by the
high school pursuant to section 3323.08 of the Revised Code. (11) As used in this division,
"grandparent" means a
parent
of a parent of a child. A child under the age of
twenty-two years
who is in the custody of the child's
parent, resides
with a
grandparent, and does not require special education is
entitled to
attend the schools of the district in which the
child's
grandparent resides, provided that, prior to such attendance in
any school year, the board of education of the school district in
which the child's grandparent resides and the board of
education
of the
school district in which the child's parent resides enter
into a written
agreement specifying that good cause exists for
such attendance,
describing the nature of this good cause, and
consenting to such
attendance. In lieu of a consent form signed by a parent, a board of
education may request the grandparent of a child attending school
in the district in which the grandparent resides pursuant to
division (F)(11) of this section to complete any consent form
required by the district, including any authorization required by
sections 3313.712, 3313.713, and 3313.716 of the Revised Code.
Upon
request, the grandparent shall complete any consent form
required
by the district. A school district shall not incur any
liability
solely because of its receipt of a consent form from a
grandparent in lieu of a parent. Division (F)(11) of this section does not
create, and shall
not be construed
as creating, a new cause of action or substantive
legal right
against a school district, a member of a board of
education, or
an employee of a school district. This section does
not affect,
and shall not be construed as affecting, any
immunities from
defenses to tort liability created or recognized
by Chapter 2744.
of the Revised Code for a school district,
member, or employee. (12) A child under the age of twenty-two years is
entitled
to attend school in a school district other than the district in
which the
child is entitled to attend school under division (B),
(C),
or (E) of this section
provided that, prior to such
attendance in any school year, both of the
following occur: (a) The superintendent of the district in which the child is
entitled to attend school under division (B),
(C), or (E)
of this
section contacts the superintendent of another district for
purposes
of
this division; (b) The superintendents of both districts enter into
a
written agreement that consents to the attendance and specifies
that the
purpose of such attendance is to
protect the student's
physical or mental well-being or to deal with other
extenuating
circumstances deemed appropriate by the superintendents. While an agreement is in effect under this division for a
student who is
not receiving special education under Chapter 3323.
of the Revised Code and
notwithstanding Chapter 3327. of the
Revised Code,
the board of education of neither school district
involved in the agreement is
required to provide transportation
for the student to and from the school
where the student attends. A student attending a school of a district pursuant to this
division
shall be allowed to participate in all student
activities, including
interscholastic athletics, at the school
where the student is attending on the
same basis as any student
who has always attended the schools of that district
while of
compulsory school age.
(13) All school districts shall comply with the
"McKinney-Vento Homeless Assistance Act," 42 U.S.C.A. 11431 et
seq., for the education of homeless children. Each city, local,
and exempted village school district shall comply with the
requirements of that act governing the provision of a free,
appropriate public education, including public preschool, to each
homeless child.
When a child loses permanent housing and becomes a homeless
person, as defined in 42 U.S.C.A. 11481(5), or when a child who is
such a homeless person changes temporary living arrangements, the
child's parent or guardian shall have the option of enrolling the
child in either of the following: (a) The child's school of origin, as defined in 42 U.S.C.A.
11432(g)(3)(C); (b) The school that is operated by the school district in
which the shelter where the child currently resides is located and
that serves the geographic area in which the shelter is located. (G) A board of education, after approving admission, may
waive tuition for students who will temporarily reside in the
district and who are either of the following: (1) Residents or domiciliaries of a foreign nation who
request admission as foreign exchange students; (2) Residents or domiciliaries of the United States but
not
of Ohio who request admission as participants in an exchange
program operated by a student exchange organization. (H) Pursuant to sections 3311.211, 3313.90, 3319.01,
3323.04, 3327.04, and 3327.06 of the Revised Code, a child may
attend school or participate in a special education program in a
school district other than in the district where the child is
entitled to attend school under division (B) of this section. (I) This division does not apply to a child receiving
special education. A school district required to pay tuition pursuant to
division (C)(2) or (3) of this section or section 3313.65 of the
Revised Code shall have an amount deducted under division
(F) of
section 3317.023 of the Revised Code equal to its own tuition
rate
for the same period of attendance. A school district
entitled to
receive tuition pursuant to division (C)(2) or (3) of
this section
or section 3313.65 of the Revised Code shall have an
amount
credited under division (F) of section 3317.023 of
the
Revised
Code equal to its own tuition rate for the same period of
attendance. If the tuition rate credited to the district of
attendance exceeds the rate deducted from the district required
to
pay tuition, the department of education shall pay the
district of
attendance the difference from amounts deducted from
all
districts' payments under division (F) of section
3317.023 of
the
Revised Code but not credited to other school districts under
such
division and from appropriations made for such purpose. The
treasurer of each school district shall, by the fifteenth day of
January and July, furnish the superintendent of public
instruction
a report of the names of each child who attended the
district's
schools under divisions (C)(2) and (3) of this section
or section
3313.65 of the Revised Code during the preceding six
calendar
months, the duration of the attendance of those
children, the
school district responsible for tuition on behalf
of the child,
and any other information that the superintendent
requires. Upon receipt of the report the superintendent, pursuant to
division (F) of section 3317.023 of the Revised Code, shall
deduct
each district's tuition obligations under divisions (C)(2)
and (3)
of this section or section 3313.65 of the Revised Code
and pay to
the district of attendance that amount plus any amount
required to
be paid by the state. (J) In the event of a disagreement, the superintendent of
public instruction shall determine the school district in which
the parent resides. (K) Nothing in this section requires or authorizes, or
shall
be construed to require or authorize, the admission to a
public
school in this state of a pupil who has been permanently
excluded
from public school attendance by the superintendent of
public
instruction pursuant to sections 3301.121 and 3313.662 of
the
Revised Code.
Sec. 3313.649. (A) As used in this section and sections
3313.6410 to 3313.6415 of the Revised Code: (1) "Power of attorney" means a power of attorney created
under
section 3109.52 of the Revised Code. (2) "Caretaker authorization affidavit" means an affidavit
executed under section 3109.67 of the Revised Code.
(B) If an attorney in fact under a power of attorney or the
qualified relative under a caretaker authorization affidavit seeks
to enroll the child who is the subject of the power of attorney or
affidavit in a school in the school district in which the attorney
in fact or qualified relative resides, the person in charge of
admission shall determine whether the power of attorney or
affidavit is consistent with the child's best interest.
Unless the person in charge of admission determines the power of
attorney or affidavit is not consistent with the child's best
interest or another reason exists under the Revised Code to
exclude the child, the child may attend the schools of the school
district in which the attorney in fact or qualified relative
resides.
If the person in charge of admission determines that the
power of attorney or affidavit is not consistent with the child's
best interest, the person shall make a written referral to the
public children services agency of the county in which the
attorney in fact or qualified relative resides. The referral
shall state that the person believes that the power of attorney or
affidavit is not consistent with the child's best interest and
the specific facts and concerns supporting that belief. The
determination and referral shall be made on the day the attorney
in fact or qualified relative seeks to enroll the child in the
school.
Sec. 3313.6410. If a person described in division (A)(1)(b) of
section 2151.421 of the Revised Code determines that the power of
attorney or caretaker authorization affidavit is not consistent
with the child's best interest, the person shall make a written
referral to the public children services agency of the county in
which the attorney in fact or qualified relative resides. The
referral shall state that
the person believes that the power of
attorney or affidavit is not consistent
with the child's best
interests and the specific facts and
concerns supporting that
belief. The referral shall include the
person's name, address,
and phone number. Sec.
3313.6411. On receipt of a referral pursuant to
section 3313.649 or 3313.6410 of the Revised Code, the public
children services agency shall conduct an assessment to determine
whether the power of attorney or caretaker authorization affidavit
is consistent with the best interests of the child. The
assessment shall include an investigation of the safety of the
home of the attorney in fact under the power of attorney or
qualified relative under the affidavit and the ability of the
attorney in fact or qualified relative to adequately care for the
child. The assessment shall be completed not later than fourteen
days after the agency receives the referral.
Sec. 3313.6412. On completion of the assessment under
section 3313.6410 of the Revised Code, the public children
services agency shall issue a written assessment report that
provides the results of the assessment and states the
determination of whether the power of attorney or caretaker
authorization affidavit is consistent with the child's best interest. The agency shall distribute copies of the assessment
report as follows: (A) If the referral was made under section 3313.649 of the
Revised Code, to the school district from which the referral was
made; (B) If the referral was made by a person under section
3313.649 of the Revised Code, to that person; (C) If the referral was made concerning a power of attorney,
to the parent, guardian, or custodian who executed the power of
attorney and the attorney in fact; (D) If the referral was made concerning a caretaker
authorization affidavit, to the qualified relative under the
affidavit. Sec. 3313.6413. Notwithstanding section 3313.64 of the
Revised Code, if a referral is made pursuant to section 3313.649
or 3313.6410 of the Revised Code, the child who is the subject of
the power of attorney or caretaker authorization affidavit is not
entitled to attend school in the school district from which the
referral was made until the assessment report is issued under
section 3313.6412 of the Revised Code. Until the assessment
report is issued, the child, with respect to a power of attorney,
is entitled to attend school in the district of the parent,
guardian, or custodian who executed the power of attorney. With
respect to an affidavit, the child is entitled to attend school in
the district in which the child's parent, guardian, or custodian
last resided.
Sec. 3313.6414. If an assessment report issued under
section 3313.6412 of the Revised Code determines that a power of
attorney is not consistent with the child's best interest,
the power of attorney shall terminate as of the date the report is
issued and the parent, guardian, or custodian who executed the
power of attorney shall resume the care, custody, and control of
the child. If the parent, guardian, or custodian cannot be
located or cannot resume the care, custody, and control of the
child, the public children services agency that issued the report
shall file a complaint pursuant to section 2151.27 of the Revised
Code alleging the child to be a dependent child. If an assessment report issued under section 3313.6412 of the
Revised Code determines that a caretaker authorization affidavit
is not consistent with the best interests of the child, the
affidavit shall terminate and the public children services agency
that issued the report shall file a complaint pursuant to section
2151.27 of the Revised Code alleging the child to be a dependent
child. If the assessment report determines that the power of
attorney or affidavit is consistent with the child's best interest
and no other reason exists under the Revised Code to exclude the
child, the child may attend the schools of the school district in
which the attorney in fact or qualified relative resides. Sec. 3313.6415. The department of job and family services
shall adopt rules pursuant to Chapter 119. of the Revised Code
that do the following: (A) Govern how assessments pursuant to section 3313.6411 of
the Revised Code are to be conducted, including guidelines for
assessing home safety and determining the ability of the attorney
in fact or qualified relative to care for the child who is the
subject of a power of attorney or caretaker authorization
affidavit;
(B) Govern the preparation and issuance of assessment
reports pursuant to section 3313.6412 of the Revised Code.
Sec. 3313.66. (A) Except as provided under division
(B)(2)
of this section, the superintendent of schools of a
city, exempted
village, or local school district, or the
principal of a public
school may suspend a pupil from school for
not more than ten
school days. The board of
education of a city, exempted village,
or local school district
may adopt a policy granting assistant
principals and other
administrators the authority to suspend a
pupil from school for
a period of time as specified in the policy
of the board of
education, not to exceed ten school days. If at
the time a
suspension is
imposed there are fewer than ten school
days remaining in the
school year in which the incident that gives
rise to the
suspension takes place, the superintendent may apply
any
remaining part or all of the period of the suspension to the
following school year. Except in the case of a pupil given an
in-school suspension, no pupil shall be suspended unless prior
to
the suspension such superintendent or principal does both of
the
following: (1) Gives the pupil written notice of the intention to
suspend the pupil and the reasons for the intended
suspension and,
if
the proposed suspension is based on a violation listed in
division (A) of section 3313.662 of the Revised Code and if the
pupil is sixteen years of age or older, includes in the notice a
statement that the superintendent may seek to permanently exclude
the pupil if the pupil is convicted of or adjudicated a
delinquent
child
for that violation; (2) Provides the pupil an opportunity to appear at an
informal hearing before the principal, assistant principal,
superintendent, or superintendent's designee and challenge the
reason for the intended suspension or otherwise to explain the
pupil's actions. (B)(1) Except as provided under division (B)(2), (3),
or (4)
of this section, the
superintendent of schools of a city, exempted
village, or local school
district may expel a pupil from school
for a period not to exceed the greater of eighty school days or
the number of school days remaining in the semester or term in
which the incident that gives rise to the expulsion takes place,
unless the expulsion is extended pursuant to division (F) of this
section. If at the time an expulsion is imposed there are fewer
than eighty school days remaining in the school year in which the
incident that gives rise to the expulsion takes place, the
superintendent may apply any remaining part or all of the period
of the expulsion to the following school year. (2)(a) Unless a pupil is permanently excluded pursuant to
section
3313.662 of the Revised Code, the superintendent of
schools of a city,
exempted village, or
local school district
shall expel a pupil from school for a period of one year
for
bringing a firearm to a school operated by the board of education
of the
district or onto any other property owned or
controlled by
the
board, except
that the superintendent may reduce this
requirement on a case-by-case basis in
accordance with the policy
adopted by the board under section 3313.661 of the
Revised Code. (b) The superintendent of schools of a city, exempted
village, or
local school district may expel a pupil from school
for a period of one year
for bringing a firearm to
an
interscholastic competition, an extracurricular event, or any
other school program or activity
that is not located in a school
or on
property that is owned or controlled by the district. The
superintendent may
reduce this disciplinary action on a
case-by-case basis in accordance with the
policy adopted by the
board under section 3313.661 of the Revised Code. (c) Any expulsion pursuant to division (B)(2) of
this
section shall extend, as necessary, into the
school year
following
the school year in which the incident that gives rise to the
expulsion takes
place. As used in this division, "firearm" has
the same meaning as provided
pursuant to the "Gun-Free Schools Act
of
1994," 108 Stat. 270, 20 U.S.C.
8001(a)(2). (3) The board of education of
a city, exempted village, or
local school district may adopt a
resolution authorizing the
superintendent of schools to expel a
pupil from school for a
period not to exceed one year for
bringing a knife to a school
operated by the board, onto any
other property owned or controlled
by the board,
or to an interscholastic competition, an
extracurricular event, or any
other program or activity sponsored
by the school district or in which
the district is a participant,
or for possessing a
firearm
or knife at a school, on any other
property owned or
controlled by the board, or at
an
interscholastic competition, an extracurricular event, or any
other school program or activity,
which firearm or knife was
initially brought onto school board property by
another person.
The resolution
may authorize the superintendent to extend such an
expulsion, as
necessary, into the school year following the school
year in
which the incident that gives rise to the expulsion takes
place. (4) The board of education of
a city, exempted village, or
local school district may adopt a
resolution establishing a policy
under section 3313.661 of the
Revised Code that authorizes the
superintendent of schools
to expel a
pupil from school for a
period not to exceed one year for
committing an act that is a
criminal offense when committed by
an adult and that results in
serious physical harm to persons as
defined in division (A)(5) of
section 2901.01 of the Revised
Code or serious physical harm
to
property as defined in division
(A)(6) of section 2901.01 of
the
Revised
Code while the pupil is at
school, on any other property
owned or controlled by the
board, or at
an interscholastic
competition, an extracurricular event, or any
other school program
or activity. Any
expulsion under this division shall extend,
as
necessary, into the school year following the
school year in which
the incident that gives rise to the
expulsion takes place. (5) The board of education of any city, exempted village, or
local school
district may adopt a resolution establishing a policy
under section 3313.661
of the Revised Code that authorizes the
superintendent of schools to expel a pupil from
school for a
period not to exceed one year for making a bomb threat to a
school
building or to any premises at which a school activity is
occurring at
the time of the threat. Any expulsion under this
division shall extend, as
necessary, into the school year
following the school year in which the
incident that gives rise to
the expulsion takes place. (6) No pupil shall be expelled under division (B)(1), (2),
(3), (4), or (5)
of this section unless, prior to the pupil's
expulsion, the
superintendent does both of the following: (a) Gives the pupil and the pupil's parent, guardian, or
custodian
written notice of the intention to expel the pupil; (b) Provides the pupil and the pupil's parent, guardian,
custodian, or representative an opportunity to appear in person
before the superintendent or the superintendent's designee
to
challenge the reasons for the intended expulsion or otherwise to
explain
the pupil's actions. The notice required in this division shall include the
reasons for the intended expulsion, notification of the
opportunity of the pupil and the pupil's parent, guardian,
custodian, or
representative to appear before the superintendent
or the
superintendent's designee to challenge the reasons for the
intended
expulsion or
otherwise to explain the pupil's action, and
notification of the
time and place to appear. The time to appear
shall not be
earlier than three nor later than five school days
after the
notice is given, unless the superintendent grants an
extension of
time at the request of the pupil or the pupil's
parent,
guardian, custodian, or representative. If an extension
is granted after
giving the original notice, the superintendent
shall notify the
pupil and the pupil's parent, guardian,
custodian, or
representative of
the new time and place to appear.
If the proposed expulsion is
based on a violation listed in
division (A) of section 3313.662
of the Revised Code and if the
pupil is sixteen years of age or
older, the notice shall include a
statement that the
superintendent may seek to permanently exclude
the pupil if the
pupil is convicted of or adjudicated a delinquent
child for that
violation. (7) A superintendent of schools of a city, exempted
village,
or
local school district shall initiate expulsion proceedings
pursuant to this
section with respect to any pupil who has
committed an act warranting
expulsion under the district's policy
regarding expulsion even if the pupil
has
withdrawn from school
for any reason after the incident that gives rise to the
hearing
but prior to the hearing or decision to impose the expulsion. If,
following the hearing, the pupil would have been expelled for a
period of time
had the pupil still been enrolled in the school,
the expulsion shall be
imposed
for the same length of time as on a
pupil who has not withdrawn from the
school. (C) If a pupil's presence poses a continuing danger to
persons or property or an ongoing threat of disrupting the
academic process taking place either within a classroom or
elsewhere on the school premises, the superintendent or a
principal or assistant principal may remove a pupil from
curricular activities or from the school
premises, and a teacher
may remove a pupil from curricular activities under
the teacher's
supervision,
without the notice and hearing requirements of
division (A) or (B) of this
section. As soon as practicable after
making such a removal, the
teacher shall submit in writing to the
principal the reasons for
such removal. If a pupil is removed under this division from a curricular
activity or from the school premises, written
notice of the
hearing and of the reason for the removal shall be
given to the
pupil as soon as practicable prior to the hearing,
which shall be
held within three school days from the time the
initial removal is
ordered. The hearing shall be held in
accordance with division
(A) of this section unless it is
probable that the pupil may be
subject to expulsion, in which
case a hearing in accordance with
division (B) of this section
shall be held, except that the
hearing shall be held within three
school days of the initial
removal. The individual who ordered,
caused, or requested the
removal to be made shall be present at
the hearing. If the superintendent or the principal reinstates a pupil
in
a curricular activity under the teacher's
supervision prior to the
hearing following a removal under this
division, the teacher, upon
request, shall be given in writing
the reasons for such
reinstatement. (D) The superintendent or principal, within one school day
after the time of a pupil's expulsion or suspension, shall notify
in writing the parent, guardian, or custodian of the pupil and
the
treasurer of the board of education of the expulsion or
suspension. The notice shall include the reasons for the
expulsion or suspension, notification of the right of the pupil
or
the pupil's parent, guardian, or custodian to appeal the
expulsion
or suspension to the board of education or to its designee, to be
represented in all appeal proceedings, to be granted a hearing
before the board or its designee in order to be heard against the
suspension or expulsion, and to request that the hearing be held
in executive session, notification that the expulsion may be
subject to extension pursuant to division (F) of this section if
the pupil is sixteen years of age or older, and notification that
the superintendent may seek the pupil's permanent exclusion if
the
suspension or expulsion was based on a violation listed in
division (A) of section 3313.662 of the Revised Code that was
committed when the child was sixteen years of age or older and if
the pupil is convicted of or adjudicated a delinquent child for
that violation. Any superintendent expelling a pupil under this section for
more than twenty school days or for any period of time if the
expulsion will extend into the following semester or school year
shall, in the notice required under this division, provide the
pupil and the pupil's parent, guardian, or custodian with
information
about services or programs offered by public and
private agencies
that work toward improving those aspects of the
pupil's attitudes
and behavior that contributed to the incident
that gave rise to
the pupil's expulsion. The information shall
include the names,
addresses, and phone numbers of the appropriate
public and
private agencies. (E) A pupil or the pupil's parent, guardian, or custodian
may appeal the pupil's expulsion by a superintendent
or suspension
by a
superintendent,
principal, assistant principal, or other
administrator to the
board of education or to its designee. The
pupil or the pupil's parent, guardian, or custodian may be
represented in
all appeal proceedings and shall be granted a
hearing before the
board or its designee in order to be heard
against the suspension
or expulsion. At the request of the pupil
or of the pupil's
parent, guardian, custodian, or attorney, the
board or its designee may
hold the hearing in executive session
but shall act upon the
suspension or expulsion only at a public
meeting. The board, by
a majority vote of its full membership or
by the action of its
designee, may affirm the order of suspension
or expulsion,
reinstate the pupil, or otherwise reverse, vacate,
or modify the
order of suspension or expulsion. The board or its designee shall make a verbatim record of
hearings held under this division. The decisions of the board or
its designee may be appealed under Chapter 2506. of the Revised
Code. This section shall not be construed to require notice and
hearing in accordance with division (A), (B), or (C) of this
section in the case of normal disciplinary procedures in which a
pupil is removed from a curricular activity
for a period of less
than one school day and is not subject to
suspension or expulsion. (F)(1) If a pupil is expelled pursuant to division (B) of
this section for committing any violation listed in division (A)
of section 3313.662 of the Revised Code and the pupil was
sixteen
years of age or older at the time of
committing the violation, if
a complaint, indictment, or information is filed alleging that the
pupil is a delinquent child based upon the
commission of the
violation or the pupil is prosecuted as an
adult
for the
commission of the violation, and if the resultant
juvenile
court
or criminal proceeding is pending at the time that
the
expulsion
terminates, the superintendent of schools that
expelled
the pupil
may file a motion with the court in which the
proceeding
is
pending requesting an order extending the expulsion
for the
lesser
of an additional eighty days or the number of
school days
remaining in the school year. Upon the filing of the
motion, the
court immediately shall schedule a hearing and give
written notice
of the time, date, and location of the hearing to
the
superintendent and to the pupil and the pupil's parent,
guardian,
or
custodian. At the hearing, the court shall determine whether
there is reasonable cause to believe that the pupil committed the
alleged violation that is the basis of the expulsion and, upon
determining that reasonable cause to believe the pupil
committed
the violation does exist, shall grant the requested extension. (2) If a pupil has been convicted of or adjudicated a
delinquent child for a violation listed in division (A) of
section
3313.662 of the Revised Code for an act that was
committed when
the child was sixteen years of age or older, if
the pupil has been
expelled pursuant to division (B) of this
section for that
violation, and if the board of education of the
school district of
the school from which the pupil was
expelled has adopted a
resolution seeking the pupil's
permanent exclusion, the
superintendent may file a motion with the court that
convicted
the
pupil or adjudicated the pupil a delinquent child requesting
an
order to extend the expulsion until an adjudication order or
other
determination regarding permanent exclusion is issued by
the
superintendent of public instruction pursuant to section
3301.121
and division (D) of section 3313.662 of the Revised
Code. Upon
the filing of the motion, the court immediately shall
schedule a
hearing and give written notice of the time, date, and
location of
the hearing to the superintendent of the school
district, the
pupil, and the pupil's parent, guardian, or
custodian. At the
hearing, the court shall determine whether there is
reasonable
cause to believe the pupil's continued attendance in
the public
school system may endanger the health and safety of
other pupils
or school employees and, upon making that
determination, shall
grant the requested extension. (G) The failure of the superintendent or the board of
education to provide the information regarding the possibility of
permanent exclusion in the notice required by divisions (A), (B),
and (D) of this section is not jurisdictional, and the failure
shall not affect the validity of any suspension or expulsion
procedure that is conducted in accordance with this section or
the
validity of a permanent exclusion procedure that is conducted
in
accordance with sections 3301.121 and 3313.662 of the Revised
Code. (H) With regard to suspensions and expulsions pursuant to
divisions (A) and (B) of this section by the board of education
of
any city, exempted village, or local school district, this
section
shall apply to any student, whether or not the student is
enrolled
in the district, attending or otherwise participating in
any
curricular program provided in a school operated by the board
or
provided on any other property owned or controlled by the
board. (I) Whenever a student is expelled under this section, the
expulsion shall
result in removal of the student from the
student's regular school setting.
However, during the period of
the expulsion, the board of education of the
school district that
expelled the student or any board of education admitting
the
student during that expulsion period may provide educational
services to
the student in an alternative setting. (J)(1) Notwithstanding
section
sections 3109.51 to 3109.81,
3313.64
or, and 3313.65 of the
Revised
Code, any
school district,
after offering an opportunity
for a hearing, may temporarily deny
admittance
to any pupil if one
of the following applies: (a) The pupil has been suspended from the schools of another
district under division (A) of this section and the period of
suspension, as established under that division, has not expired; (b) The pupil has been expelled from the schools of another
district under division (B) of this section and the period of the
expulsion, as established under that division or as extended under
division
(F) of this section, has not expired. If a pupil is temporarily
denied admission under this
division, the pupil shall be admitted to school in
accordance with
section
sections 3109.51 to 3109.81, 3313.64, or 3313.65 of the
Revised Code no later than
upon
expiration
of the suspension or
expulsion period, as
applicable. (2) Notwithstanding
section
sections 3109.51 to 3109.81,
3313.64
or, and 3313.65 of the
Revised Code,
any school district,
after offering an opportunity
for a hearing, may
temporarily deny
admittance to any pupil if the
pupil has been expelled or
otherwise removed for disciplinary
purposes from a public school
in another
state and the period of
expulsion or removal has not
expired. If a pupil is
temporarily
denied admission under this
division, the pupil shall be admitted
to school in accordance with
section
sections 3109.51 to 3109.81, 3313.64, or 3313.65 of the
Revised Code
no later than the earlier of the following: (a) Upon expiration of the expulsion or removal period
imposed by
the out-of-state school; (b) Upon expiration of a period established by the district,
beginning with the date of expulsion or removal from the
out-of-state school,
that is no greater than the period of
expulsion that
the pupil would have received under the policy
adopted by the district under
section 3313.661 of the Revised
Code
had the offense that gave rise to the
expulsion or removal by the
out-of-state school been committed while the pupil
was enrolled in
the district. (K) As used in this section: (1) "Permanently exclude"
and "permanent exclusion" have the
same meanings as in section
3313.662 of the Revised Code. (2) "In-school suspension" means the pupil will serve all of
the
suspension in a school setting.
Sec. 3313.672. (A)(1) At the time of
his initial entry to
a
public or nonpublic school, a pupil shall present to the person
in
charge of admission any records given
him
the pupil by the
public
or nonpublic elementary or secondary school
he
the pupil
most
recently attended; a certified copy of an order or decree, or
modification of such an order or decree allocating parental rights
and
responsibilities for the care of a child and designating a
residential parent and legal custodian of the child, as provided
in division (B) of this section, if that type of order or decree
has been issued;
a copy of a power of attorney or caretaker
authorization affidavit, if either has been executed with respect
to the child pursuant to sections 3109.51 to 3109.81 of the
Revised Code; and a certification of birth issued pursuant to
Chapter 3705. of the Revised Code, a comparable certificate or
certification issued pursuant to the statutes of another state,
territory, possession, or nation, or a document in lieu of a
certificate or certification as described in divisions (A)(1)(a)
to (e) of this section. Any of the following shall be accepted
in
lieu of a certificate or certification of birth by the person
in
charge of admission: (a) A passport or attested transcript of a passport filed
with a registrar of passports at a point of entry of the United
States showing the date and place of birth of the child; (b) An attested transcript of the certificate of birth; (c) An attested transcript of the certificate of baptism
or
other religious record showing the date and place of birth of
the
child; (d) An attested transcript of a hospital record showing
the
date and place of birth of the child; (2) Within twenty-four hours of the entry into the school
of
a pupil described in division (A)(1) of this section, a school
official shall request the pupil's official records from the
public or nonpublic elementary or secondary school
he
the pupil
most recently attended. If the public or nonpublic school the
pupil
claims to have most recently attended indicates that it has
no
record of the pupil's attendance or the records are not
received
within fourteen days of the date of request, or if the
pupil does
not present a certification of birth described in
division (A)(1)
of this section, a comparable certificate or
certification from
another state, territory, possession, or
nation, or another
document specified in divisions (A)(1)(a) to
(d) of this section,
the principal or chief administrative officer
of the school shall
notify the law enforcement agency having
jurisdiction in the area
where the pupil resides of this fact and
of the possibility that
the pupil may be a missing child, as
defined in section 2901.30
of the Revised Code. (B)(1) Whenever an order or decree allocating parental
rights
and responsibilities for the care of a child and
designating a
residential parent and legal custodian of the child,
including a
temporary order, is issued resulting from an action of
divorce,
alimony, annulment, or dissolution of marriage, and the
order or
decree pertains to a child who is a pupil in a public or
nonpublic school, the residential parent of the child shall
notify
the school of those allocations and designations by
providing the
person in charge of admission at the pupil's school
with a
certified copy of the order or decree that made the
allocation and
designation. Whenever there is a modification of
any order or
decree allocating parental rights and
responsibilities for the
care of a child and designating a
residential parent and legal
custodian of the child that has been
submitted to a school, the
residential parent shall provide the
person in charge of admission
at the pupil's school with a
certified copy of the order or decree
that makes the
modification.
(2) Whenever a power of attorney is executed under sections
3109.51 to 3109.62 of the Revised Code that pertains to a child
who is a pupil in a public or nonpublic school, the attorney in
fact shall notify the school of the power of attorney by providing
the person in charge of admission with a copy of the power of
attorney. Whenever a caretaker authorization affidavit is
executed under sections 3109.64 to 3109.73 of the Revised Code
that pertains to a child who is in a public or nonpublic school,
the caretaker under the affidavit shall notify the school of the
affidavit by providing the person in charge of admission with a
copy of the affidavit. (C) If, at the time of a pupil's initial entry to a public
or nonpublic school, the pupil is under the care of a shelter for
victims of domestic violence, as defined in section 3113.33 of
the
Revised Code, the pupil or
his
the pupil's parent shall
notify the
school of that fact. Upon being so informed, the school shall
inform the elementary or secondary school from which it requests
the
pupil's records of that fact.
Section 2. That existing sections 3313.64, 3313.66, and
3313.672 of
the Revised Code
are
hereby repealed. Section 3. Section 3313.66 of the Revised Code is
presented
in
this act as a composite of the section as amended by
both H.B.
620 and Am. Sub. S.B. 179 of
the 123rd General
Assembly. The
General Assembly, applying the
principle stated in
division (B) of
section 1.52 of the Revised
Code that amendments
are to be
harmonized if reasonably capable of
simultaneous
operation, finds
that the composite is the resulting
version of
the section in
effect prior to the effective date of
the section
as presented in
this act.
|
|