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H. B. No. 197 As IntroducedAs Introduced
128th General Assembly | Regular Session | 2009-2010 |
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Cosponsors:
Representatives Ujvagi, Koziura, Murray, Williams, B., Lehner, Celeste, Foley, Letson, Yuko, Skindell, Chandler, Boyd, Williams, S., Winburn, Moran, Mallory, Heard, Evans, Brown, Fende, Weddington
A BILL
To amend sections 2151.33, 3109.52, 3109.53, 3109.54,
3109.59, 3109.60, 3109.65, 3109.66, 3109.67,
3109.69, 3109.70, 3109.71, 3109.74, 3109.76,
3109.77, 3313.64, 3313.649, 3313.672, and 5101.802
and to enact section 3109.64 of the Revised Code
to expand the
class of persons who may execute a
caretaker
authorization affidavit or be
designated as
attorney in fact under a power of
attorney for the
purpose of exercising authority
over the care,
custody, and control of a child
and to enhance Ohio's policies regarding kinship
caregivers.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 2151.33, 3109.52, 3109.53, 3109.54,
3109.59, 3109.60, 3109.65, 3109.66, 3109.67, 3109.69, 3109.70,
3109.71, 3109.74, 3109.76, 3109.77, 3313.64, 3313.649, 3313.672,
and 5101.802 be amended and section 3109.64 of the Revised Code be
enacted to read as follows:
Sec. 2151.33. (A) Pending hearing of a complaint filed
under
section 2151.27 of the Revised Code or a motion filed or
made
under division (B) of this section and the service of
citations,
the juvenile court may make any temporary disposition
of any child
that it considers necessary to protect the best
interest of the
child and that can be made pursuant to division
(B) of this
section. Upon the certificate of one or more
reputable practicing
physicians, the court may summarily provide
for emergency medical
and surgical treatment that appears to be
immediately necessary to
preserve the health and well-being of
any
child concerning whom a
complaint or an application for care
has
been filed, pending the
service of a citation upon the
child's
parents, guardian, or
custodian. The court may order the
parents,
guardian, or
custodian, if the court finds the parents,
guardian,
or custodian
able to do so, to reimburse the court for
the expense
involved in
providing the emergency medical or
surgical treatment.
Any person
who disobeys the order for
reimbursement may be
adjudged in
contempt of court and punished
accordingly.
If the emergency medical or surgical treatment is furnished
to a child who is found at the hearing to be a nonresident of the
county in which the court is located and if the expense of the
medical or surgical treatment cannot be recovered from the
parents, legal guardian, or custodian of the child, the board of
county commissioners of the county in which the child has a legal
settlement shall reimburse the court for the reasonable cost of
the emergency medical or surgical treatment out of its general
fund.
(B)(1) After a complaint, petition, writ, or other document
initiating a case dealing with an alleged or adjudicated abused,
neglected, or dependent child is filed and upon the filing or
making of a motion pursuant to division (C) of this section, the
court, prior to the final disposition of the case, may issue any
of the following temporary orders to protect the best interest of
the child:
(a) An order granting temporary custody of the child to a
particular party;
(b) An order for the taking of the child into custody
pursuant to section 2151.31 of the Revised Code pending the
outcome of the adjudicatory and dispositional hearings;
(c) An order granting, limiting, or eliminating parenting
time or
visitation
rights with respect to the child;
(d) An order requiring a party to vacate a residence that
will be lawfully occupied by the child;
(e) An order requiring a party to attend an appropriate
counseling program that is reasonably available to that party;
(f) Any other order that restrains or otherwise controls
the
conduct of any party which conduct would not be in the best
interest of the child.
(2) Prior to the final disposition of a case subject to
division
(B)(1) of this section, the court shall do both of the
following:
(a) Issue an order pursuant to
Chapters 3119. to 3125. of
the Revised Code requiring
the parents, guardian, or person
charged with
the child's
support to pay support for the child.
(b) Issue an order requiring the parents, guardian, or
person
charged with the child's support to continue to maintain
any
health insurance coverage for the child that existed at the
time
of the filing of the complaint, petition, writ, or other
document,
or to
obtain health insurance coverage in accordance
with
sections
3119.29 to
3119.56 of the
Revised
Code.
(C)(1) A court may issue an order pursuant to division (B)
of
this section upon its own motion or if a
party files a written
motion or makes an oral motion requesting
the issuance of the
order and stating the reasons for it. Any
notice sent by the
court
as a result of a motion pursuant to this division
shall
contain a
notice
that any party to a juvenile proceeding has the
right to be
represented by counsel and to have appointed
counsel
if the person
is indigent.
(2) If a child is taken into custody pursuant to section
2151.31 of the Revised Code and placed in shelter care, the
public
children services agency or private child placing agency
with
which the child is placed in shelter care shall file or make
a
motion as described in division (C)(1) of this section before
the
end of the next day immediately after the date on
which the child
was taken into custody and, at a minimum, shall
request an order
for temporary custody under division
(B)(1)(a) of this section.
(3) A court that issues an order pursuant to division
(B)(1)(b) of this section shall comply with section
2151.419 of
the Revised Code.
(D) The court may
grant an ex parte order upon its own
motion
or a motion filed or made
pursuant to division (C) of this
section
requesting such an order
if it appears to the court
that
the best
interest and the welfare of the child require that
the
court issue
the order immediately. The court, if acting
on its
own motion, or
the person requesting the granting of
an ex parte
order, to the
extent possible, shall give notice of
its intent or
of the request
to the parents, guardian, or
custodian of the child
who is the
subject of the request. If the
court issues an ex
parte order, the
court shall hold a hearing to review the order
within seventy-two
hours after it is issued or before the end of
the next
day after
the day on which it is issued, whichever occurs
first. The court
shall give written notice of the hearing to all
parties
to the
action and shall appoint a guardian ad litem for
the child
prior
to the hearing.
The written notice shall be given by all means that are
reasonably likely to result in the party receiving actual notice
and shall include all of the following:
(1) The date, time, and location of the hearing;
(2) The issues to be addressed at the hearing;
(3) A statement that every party to the hearing has a
right
to counsel and to court-appointed counsel, if the party is
indigent;
(4) The name, telephone number, and address of the person
requesting the order;
(5) A copy of the order, except when it is not possible to
obtain it because of the exigent circumstances in the case.
If the court does not grant an ex parte order pursuant to a
motion filed or made pursuant to division (C) of this section
or
its own motion, the court shall hold a shelter care
hearing on the
motion within ten days after the motion is filed.
The court shall
give notice of the hearing to all affected
parties in the same
manner as set forth in the Juvenile Rules.
(E) The court, pending the outcome of the adjudicatory and
dispositional hearings, shall not issue an order granting
temporary custody of a child to a public children services agency
or private child placing agency pursuant to this section, unless
the court determines and specifically states in the order that
the
continued residence of the child in the child's current home
will
be contrary to the child's best interest and welfare and the court
complies with section 2151.419 of the Revised Code.
(F) Each public children services agency and private child
placing agency that receives temporary custody of a child
pursuant
to this section shall exercise due diligence to identify and
provide notice to all adult grandparents and other adult relatives
of the child, including any adult relatives suggested by the
parents, within thirty days of the child's removal from the
custody of the child's parents, in accordance with 42 U.S.C.
671(a)(29). The agency shall also maintain in the child's case
record written
documentation that it has placed the child, to the
extent that it
is consistent with the best interest, welfare, and
special needs
of the child, in the most family-like setting
available and in
close proximity to the home of the parents,
custodian, or guardian
of the child.
(G) For good cause shown, any court order that is issued
pursuant to this section may be reviewed by the court at any time
upon motion of any party to the action or upon the motion of the
court.
Sec. 3109.52. The parent, guardian, or custodian of a child
may
create a power of attorney that grants to a grandparent of the
child person with whom
the
child is residing any of the parent's,
guardian's, or
custodian's
rights and responsibilities regarding
the care, physical
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 ATTORNEY
I, the undersigned, residing at ..........., in the county of
.........., state
of .........., hereby appoint the child's
grandparent, ..........,
residing at .........., in the county of
..........., in the state
of Ohio,
with whom the child of whom I
am the parent, guardian,
or
custodian is residing, my
attorney in
fact to
exercise any and
all
of my rights and responsibilities
regarding
the care, physical custody,
and
control of the child,
.........., born
.........., having
social
security number
(optional) .........., except my
authority
to
consent to marriage
or adoption of the child
.........., and to
perform all
acts
necessary in the execution of
the rights and
responsibilities
hereby
granted, as fully as I
might do if
personally present. The
rights I am transferring under this power
of attorney include the
ability to enroll the child in school, to
obtain from the school
district educational and behavioral
information about the child,
to consent to all school-related
matters regarding the child, and
to consent to medical,
psychological, or dental treatment for the
child. This transfer
does not affect my rights in any future
proceedings concerning the
custody
of the child or the allocation
of the parental rights and
responsibilities for the care of the
child and does not give the
attorney in fact legal custody of the
child. This transfer does
not terminate my
right to have regular
contact with the child.
I hereby certify that I am transferring the rights and
responsibilities designated in this power of attorney because one
of the following circumstances exists:
(1) I am: (a) Seriously
ill,
incarcerated, or about to be
incarcerated, (b) Temporarily
unable
to provide financial support
or parental guidance to the
child,
(c) Temporarily unable to
provide adequate care and
supervision of
the child because of my
physical or mental condition, (d) Homeless or without
a residence
because the current residence is destroyed or
otherwise
uninhabitable, or (e) In or about to enter a residential
treatment
program for substance abuse;
(2) I am a parent of the
child, the
child's other parent is
deceased, and I have authority
to execute
the power of attorney;
or
(3) I have a well-founded belief
that the
power of attorney
is in the child's best interest.
I hereby certify that I am not transferring my rights and
responsibilities regarding the child for the purpose of enrolling
the child in a school or school district so that the child may
participate in the academic or interscholastic athletic
programs
provided by that school or district.
I understand that this document does not authorize a child
support enforcement agency to redirect child support payments to
the grandparent person designated as attorney in fact. I further
understand that to have an existing child support order modified
or a new child support order issued administrative or judicial
proceedings must be initiated.
If there is a court order naming me the residential parent
and legal custodian of the child who is the subject of this power
of attorney and I am the sole parent signing this document, I
hereby certify that one of the following is the case:
(1) I have made reasonable efforts to locate and provide
notice of the creation of this power of attorney to the other
parent and have been unable to locate that parent;
(2) The other parent is prohibited from receiving a notice of
relocation; or
(3) The parental rights of the other parent have been
terminated by order of a juvenile court.
This POWER OF ATTORNEY is valid until the occurrence of
whichever
of the following events occurs first: (1) one year
elapses following the
date this POWER OF ATTORNEY is notarized;
(2) I revoke this
POWER OF ATTORNEY in writing; (3) the child
ceases to reside
with the grandparent person designated as
attorney in fact;
(4) this POWER OF ATTORNEY is terminated by
court order; (5) the death of the child who is the subject of the
power of attorney; or (6) the death of the grandparent person
designated as the attorney in fact.
WARNING: DO NOT EXECUTE THIS POWER OF ATTORNEY IF ANY
STATEMENT MADE IN THIS INSTRUMENT IS UNTRUE. FALSIFICATION IS A
CRIME UNDER SECTION 2921.13 OF THE REVISED CODE, PUNISHABLE BY THE
SANCTIONS UNDER CHAPTER 2929. OF THE REVISED CODE, INCLUDING A
TERM OF IMPRISONMENT OF UP TO 6 MONTHS, A FINE OF UP TO $1,000, OR
BOTH.
Witness my hand this ...... day of ........., .....
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Parent/Custodian/Guardian's signature |
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................................... |
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Parent's signature |
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Grandparent Person designated as
attorney in fact |
County of ................)
Subscribed, sworn to, and acknowledged before me this ...... day
of
........., .............
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..................................... |
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Notary Public |
1. |
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A power of attorney may be executed only if one of the following circumstances exists: (1) The parent, guardian, or custodian of the child is: (a) Seriously ill, incarcerated, or about to be incarcerated; (b) Temporarily unable to provide financial support or parental guidance to the child; (c) Temporarily unable to provide adequate care and supervision of the child because of the parent's, guardian's, or custodian's physical or mental condition; (d) Homeless or without a residence because the current residence is destroyed or otherwise uninhabitable; or (e) In or about to enter a residential treatment program for substance abuse; (2) One of the child's parents is deceased and the other parent, with authority to do so, seeks to execute a power of attorney; or (3) The parent, guardian, or custodian has a well-founded belief that the power of attorney is in the child's best interest. |
2. |
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The signatures of the parent, guardian, or custodian of the child and the grandparent person designated as the attorney in fact must be notarized by an
Ohio
notary public. |
3. |
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A parent, guardian, or custodian who creates a power of attorney must notify the parent of the child who is not the residential parent and legal custodian of the child unless one of the following circumstances applies: (a) the parent is prohibited from receiving a notice of relocation in accordance with section 3109.051 of the Revised Code of the creation of the power of attorney; (b) the parent's parental rights have been terminated by order of a juvenile court pursuant to Chapter 2151. of the Revised Code; (c) the parent cannot be located with reasonable efforts; (d) both parents are executing the power of attorney. The notice must be sent by certified mail not later than five days after the power of attorney is created and must state the name and address of the person designated as the attorney in fact. |
4. |
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A parent, guardian, or custodian who creates a power of attorney must file it with the juvenile court of the county in which the attorney in fact resides, or any other court that has jurisdiction over the child under a previously filed motion or proceeding. The power of attorney must be filed not later than five days after the date it is created and be accompanied by a receipt showing that the notice of creation of the power of attorney was sent to the parent who is not the residential parent and legal custodian by certified mail. |
5. |
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A parent, guardian, or custodian who creates a second or subsequent power of attorney regarding a child who is the subject of a prior power of attorney must file the power of attorney with the juvenile court of the county in which the attorney in fact resides or any other court that has jurisdiction over the child under a previously filed motion or proceeding. On filing, the court will schedule a hearing to determine whether the power of attorney is in the child's best interest. |
6. |
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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. |
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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. |
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This power of attorney terminates on the occurrence of whichever of
the
following occurs first: (1) one year elapses following
the date
the power of attorney is notarized; (2) the power of attorney is revoked in writing by the person who created it; (3) the child ceases to
live with the grandparent person who is the
attorney in fact;
(4) the power of attorney is terminated by court order; (5) the death of the child who is the subject of the power of attorney; or (6) the death of the grandparent person designated as the attorney in fact. |
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If this power of attorney terminates other than by the death of the attorney in fact, the grandparent person who served as the attorney in fact shall notify, in writing, all of the following: |
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(a) Any schools,
health care
providers, or health insurance coverage provider with
which
the child has been involved through the grandparent person who served as the attorney in fact; |
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(b) Any other person or
entity that has
an ongoing relationship with the child or
grandparent person who served as the attorney in fact such that the other
person or entity would reasonably
rely on the power of attorney unless
notified of the termination; |
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(c) The court in which the power of attorney was filed after its creation; and |
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(d) The parent who is not the residential parent and legal custodian of the child who is required to be given notice of its creation. The grandparent 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. |
9. |
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If this power of attorney is terminated by written revocation of the person who created it, or the revocation is regarding a second or subsequent power of attorney, a copy of the revocation must be filed with the court with which that power of attorney was filed. |
To the grandparent person designated as attorney in fact:
1. |
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If the child stops living with you, you are required to
notify, in writing, any school, health care provider, or
health care
insurance provider
to which you have given this
power of attorney. You are also required to notify, in writing, any
other person or entity that has an ongoing relationship with
you or the child such that the person or entity would
reasonably rely on the power of attorney unless notified. The notification must be made not later than one week after the child stops living with you. |
2. |
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You must include with the power of attorney the following information: |
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(a) The child's present address, the addresses of the places where the child has lived within the last five years, and the name and present address of each person with whom the child has lived during that period; |
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(b) Whether you have participated as a party, a witness, or in any other capacity in any other litigation, in this state or any other state, that concerned the allocation, between the parents of the same child, of parental rights and responsibilities for the care of the child and the designation of the residential parent and legal custodian of the child or that otherwise concerned the custody of the same child; |
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(c) Whether you have information of any parenting proceeding concerning the child pending in a court of this or any other state; |
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(d) Whether you know of any person who has physical custody of the child or claims to be a parent of the child who is designated the residential parent and legal custodian of the child or to have parenting time rights with respect to the child or to be a person other than a parent of the child who has custody or visitation rights with respect to the child; |
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(e) Whether you previously have been convicted of or pleaded guilty to any criminal offense involving any act that resulted in a child child's being an abused child or a neglected child or previously have been determined, in a case in which a child has been adjudicated an abused child or a neglected child, to be the perpetrator of the abusive or neglectful act that was the basis of the adjudication. |
1. |
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Except as provided in section 3313.649 of the Revised Code, this power of attorney, properly completed and notarized, authorizes
the
child in question to attend school in the district in
which
the grandparent person designated as attorney in fact
resides and that grandparent person is authorized to provide
consent in all school-related matters and to obtain from the school district educational and behavioral information about the child.
This power of attorney does
not preclude the parent, guardian, or
custodian of the child
from having access to all school records
pertinent to the
child. |
2. |
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The school district may require additional reasonable
evidence
that the grandparent person designated as the attorney in fact lives in the school district. |
3. |
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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. |
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A person or entity that acts in good faith reliance on a
power of attorney to provide
medical, psychological, or dental treatment, without actual knowledge of facts
contrary to
those stated in the power of attorney, is not subject to criminal
liability or
to civil liability to any person or entity, and
is not subject to
professional disciplinary action, solely
for such
reliance if the
power of attorney is completed
and the signatures of the parent, guardian, or custodian of the child and the grandparent person designated as attorney in fact are
notarized. |
2. |
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The decision of a grandparent person designated as attorney in fact, based on a
power of attorney, shall be honored by a health
care
facility or practitioner, school district, or school official. |
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 grandparent 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. 3109.59. (A) A power of attorney created under section
3109.52
of the Revised Code terminates on the occurrence of
whichever of the following events occurs first:
(1) One year elapses following the date the power of
attorney
is
notarized.
(2) The power of attorney is revoked in writing by the
person
who
created it.
(3) The child ceases to reside with the grandparent person
designated as
the
attorney in fact.
(4) The power of attorney is terminated by court order.
(5) The death of the child who is the subject of the power of
attorney.
(6) The death of the grandparent person designated as the
attorney in fact.
(B) Not later than five days after a power of attorney is
terminated pursuant to division (A)(2) of this section, a copy of
the revocation of an initial power of attorney or a second or
subsequent power of attorney must be filed with the court with
which the power of attorney is filed pursuant to section 3109.76
of the Revised Code.
Sec. 3109.60. When a power of attorney created pursuant to
section 3109.52
of the Revised Code terminates pursuant to
division (A)(1), (A)(2), (A)(3), (A)(4), or (A)(5) of section
3109.59 of the Revised Code, the grandparent 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 court in which the power
of attorney was filed under
section 3109.74 of the Revised Code;
(E) The parent who is not the residential parent and legal
custodian and who is required to be given notice under section
3109.55 of the Revised Code;
(F) Any other person or entity that has an ongoing
relationship with the child or grandparent person designated as
the attorney in fact such that the
person or entity would
reasonably rely on the power of attorney
unless notified of the
termination.
The grandparent person designated as the attorney in fact
shall
make the notifications not later
than one week after the
date the
power of attorney terminates.
Sec. 3109.64. As used in sections 3109.65 to 3109.80 of the
Revised Code, "qualified relative" means any person eighteen
years of age or older 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's having been 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. (A) Except as provided in division (B) of this
section, if a child is living with a grandparent qualified
relative
who has made
reasonable attempts to locate and contact
both of the child's
parents,
or the child's guardian or custodian,
but has been unable to do so, the
grandparent qualified relative
may obtain
authority to exercise care, physical 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.
(B) The grandparent qualified relative may execute a
caretaker authorization affidavit without attempting to locate the
following parent:
(1) If paternity has not been established with regard to the
child, the child's father.
(2) If the child is the subject of a custody order, the
following parent:
(a) A parent who is prohibited from receiving a notice of
relocation in accordance with section 3109.051 of the Revised
Code;
(b) A parent whose parental rights have been terminated by
order of a juvenile court pursuant to Chapter 2151. of the Revised
Code.
Sec. 3109.66. The caretaker authorization affidavit that a
grandparent 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 AFFIDAVIT
Use of this affidavit is authorized by sections 3109.65 to 3109.73
of the Ohio Revised Code.
Completion of items 1-7 and the signing and notarization of this
affidavit is sufficient to authorize the grandparent person
signing
to
exercise care, physical custody, and control of the
child who
is its
subject, including authority to enroll
the child
in school, to
discuss with the school district the child's
educational
progress, to consent to all school-related matters
regarding the
child, and to
consent to medical, psychological, or
dental
treatment for the
child.
The child named below lives in my home, I am 18 years of age or
older, and I am the child's grandparent 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 either: |
|
|
(a) Unable
to locate or contact the child's parents, or the child's guardian or custodian; or |
|
|
(b) I am unable to locate or contact one of the child's parents and I am not required to contact the other parent because paternity has not been established; or |
|
|
(c) I am unable to locate or contact one of the child's parents and I am not required to contact the other parent because there is a custody order regarding the child and one of the following is the case: |
|
|
(i) The parent has been prohibited from receiving notice of a relocation; or
|
|
|
(ii) The parental rights of the parent have been terminated. |
9. |
|
I hereby certify that this affidavit is not being executed for
the purpose of enrolling the child in a school or school district
so that the child may participate in the academic or interscholastic athletic programs provided by that school or district. |
|
|
I understand that this document does not authorize a child support enforcement agency to redirect child support payments. I further understand that to have an existing child support order modified or a new child support order issued administrative or judicial proceedings must be initiated. |
WARNING: DO NOT SIGN THIS FORM IF ANY OF THE ABOVE STATEMENTS
ARE
INCORRECT. FALSIFICATION IS A CRIME UNDER SECTION 2921.13 OF THE
REVISED CODE, PUNISHABLE BY THE SANCTIONS UNDER CHAPTER 2929. OF
THE REVISED CODE, INCLUDING A TERM OF IMPRISONMENT OF UP TO 6
MONTHS, A FINE OF UP TO $1,000, OR BOTH.
I declare that the foregoing is true and correct:
Signed:.......................... Date:......................
Grandparent Qualified relative
County of ................)
Subscribed, sworn to, and acknowledged before me this ...... day
of
........., .............
|
..................................... |
|
Notary Public |
1. |
|
The grandparent's qualified relative's signature must be notarized by an
Ohio
notary public. |
2. |
|
The grandparent qualified relative who executed this affidavit must file it with the juvenile court of the county in which the grandparent qualified relative resides or any other court that has jurisdiction over the child under a previously filed motion or proceeding not later than five days after the date it is executed. |
3. |
|
A grandparent qualified relative who executes a second or subsequent caretaker authorization affidavit regarding a child who is the subject of a prior caretaker authorization affidavit must file the affidavit with the juvenile court of the county in which the grandparent qualified relative resides or any other court that has jurisdiction over the child under a previously filed motion or proceeding. On filing, the court will schedule a hearing to determine whether the caretaker authorization affidavit is in the child's best interest. |
4. |
|
This affidavit does not affect the rights of the child's
parents, guardian, or custodian regarding the care, physical custody,
and control of
the
child, and does not give the grandparent qualified relative legal custody of
the child. |
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
grandparent qualified relative who signs this form; (3)
the parent, guardian,
or custodian of the child acts to
negate, reverse, or otherwise
disapprove an action or
decision of the grandparent qualified relative who signed this
affidavit;
or (4) the affidavit is terminated by court order; (5) the death of the child who is the subject of the affidavit; or (6) the death of the grandparent qualified relative who executed the affidavit. |
|
|
A parent, guardian, or custodian may negate, reverse, or
disapprove a grandparent's qualified relative's action or decision only by
delivering written notice of negation, reversal, or disapproval to
the grandparent qualified relative and the person acting on the grandparent's qualified relative's action or decision in reliance on this affidavit. |
|
|
If this affidavit terminates other than by the death of the grandparent qualified relative, the grandparent qualified relative
who
signed this affidavit shall notify, in writing, all of the following: |
|
|
(a) Any schools,
health
care providers, or health insurance coverage provider with
which
the child has been involved through the grandparent qualified relative; |
|
|
(b) Any other person or
entity that has
an ongoing relationship with the child or
grandparent qualified relative such that the
person or entity would reasonably
rely on the affidavit unless
notified of the termination; |
|
|
(c) The court in which the affidavit was filed after its creation. |
|
|
The grandparent qualified relative shall make the notifications not later than one week after the date the affidavit terminates. |
7. |
|
The decision of a grandparent qualified relative to consent to or to
refuse
medical treatment or school enrollment for a child is
superseded by a contrary decision of a parent, custodian, or
guardian of the
child, unless the decision of the parent, guardian, or custodian would jeopardize the life, health, or safety of the child. |
1. |
|
"Qualified relative," for the purposes of this affidavit, means any person who is 18 years of age or older and related to the child, whether by blood, marriage, or marriage that has been terminated and includes any person related to the child and designated by one of the following terms: spouse, stepparent, brother, sister, stepbrother, stepsister, half-brother, half-sister, uncle, aunt, niece, nephew, cousin, or any person denoted by the prefix "grand" or "great," or the spouse of any of the persons specified in this definition. |
|
|
"Qualified relative" does not include: (1) a parent of the child who has committed an act resulting in the child's having been adjudicated an abused or neglected child; (2) the residential parent and legal custodian of the child, in cases in which the parents of the child are divorced or their marriage has been dissolved or annulled; (3) the child's guardian; or (4) the child's custodian. |
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. |
2. 3. |
|
If you do not have the information requested in item 7 (Ohio
driver's license or identification card), provide another
form of
identification such as your social security number or
medicaid
number. |
3. 4. |
|
You must include with the caretaker authorization affidavit the following information: |
|
|
(a) The child's present address, the addresses of the places where the child has lived within the last five years, and the name and present address of each person with whom the child has lived during that period; |
|
|
(b) Whether you have participated as a party, a witness, or in any other capacity in any other litigation, in this state or any other state, that concerned the allocation, between the parents of the same child, of parental rights and responsibilities for the care of the child and the designation of the residential parent and legal custodian of the child or that otherwise concerned the custody of the same child; |
|
|
(c) Whether you have information of any parenting proceeding concerning the child pending in a court of this or any other state; |
|
|
(d) Whether you know of any person who has physical custody of the child or claims to be a parent of the child who is designated the residential parent and legal custodian of the child or to have parenting time rights with respect to the child or to be a person other than a parent of the child who has custody or visitation rights with respect to the child; |
|
|
(e) Whether you previously have been convicted of or pleaded guilty to any criminal offense involving any act that resulted in a child child's being an abused child or a neglected child or previously have been determined, in a case in which a child has been adjudicated an abused child or a neglected child, to be the perpetrator of the abusive or neglectful act that was the basis of the adjudication. |
1. |
|
This affidavit, properly completed and notarized, authorizes
the
child in question to attend school in the district in
which
the grandparent qualified relative who signed this affidavit
resides and the grandparent qualified relative is authorized to provide
consent in all school-related matters and to discuss with the school district the child's educational progress.
This affidavit does
not preclude the parent, guardian, or
custodian of the child
from having access to all school records
pertinent to the
child. |
2. |
|
The school district may require additional reasonable
evidence
that the grandparent 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 grandparent qualified relative who signed this affidavit
constitutes termination of this affidavit. A
parent, guardian, or custodian may negate, reverse, or disapprove
a grandparent's qualified relative's action or decision only by delivering
written notice of negation, reversal, or disapproval to the
grandparent qualified relative and the person acting on the grandparent's qualified relative's action or decision in reliance on this affidavit. |
To health care providers:
1. |
|
A person or entity that acts in good faith reliance on a
CARETAKER AUTHORIZATION AFFIDAVIT to provide medical, psychological, or dental treatment, without actual knowledge of facts
contrary to
those stated in the affidavit, is not subject to criminal
liability or
to civil liability to any person or entity, and
is not subject to
professional disciplinary action, solely
for such
reliance if the
applicable portions of the form are
completed
and the grandparent's qualified relative's
signature is
notarized. |
2. |
|
The decision of a grandparent qualified relative, based on a
CARETAKER
AUTHORIZATION AFFIDAVIT, shall be honored by a health
care
facility or practitioner, school district, or school official
unless
the health care facility or practitioner or
educational facility or official
has actual knowledge that a
parent, guardian, or custodian of a child has made a
contravening
decision to consent to or to refuse medical
treatment for the
child. |
3. |
|
The act of a parent, guardian, or custodian of the child to
negate,
reverse, or otherwise disapprove an action or
decision of the grandparent qualified relative who signed this affidavit
constitutes termination of this affidavit. A
parent, guardian, or custodian may negate, reverse, or disapprove
a grandparent's qualified relative's action or decision only by delivering
written notice of negation, reversal, or disapproval to the
grandparent qualified relative and the person acting on the grandparent's qualified relative's action or decision in reliance on this affidavit. |
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 grandparent qualified relative
described
in section
3109.65 of
the
Revised Code, and notarized.
Sec. 3109.69. Once a caretaker authorization affidavit has
been
executed under section 3109.67 of the Revised Code, the
grandparent qualified relative may exercise care, physical
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
grandparent qualified relative,
and does not
grant
authority to
the grandparent 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 grandparent 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 grandparent qualified
relative who
signed the
affidavit with respect to the child.
(D) The affidavit is terminated by court order.
(E) The death of the child who is the subject of the
affidavit.
(F) The death of the grandparent qualified relative who
executed the affidavit.
Sec. 3109.71. When a caretaker authorization
affidavit
terminates pursuant to division (A), (B), (C), (D), or (E) of
section 3109.70 of the Revised Code, the grandparent 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 court in which the
affidavit was filed under section 3109.74 of the Revised Code, and
any other person or entity that has an ongoing
relationship with
the child or grandparent qualified relative such that the
person
or entity
would reasonably rely on the affidavit unless
notified
of the
termination. The grandparent qualified relative shall make
the
notifications
not later than one week after the date the
affidavit
terminates.
Sec. 3109.74. (A) 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 juvenile
court of the county in which the grandparent designated as
attorney in
fact or grandparent who executed the affidavit
qualified relative resides or any other court that has
jurisdiction over the child under a previously filed motion or
proceeding. The power of attorney or
affidavit shall be filed not
later than five days after the date
it
is created or executed and
may be sent to the court by certified mail.
(B)
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.
(C)(1) The grandparent designated as attorney in fact or the
grandparent who executed the affidavit qualified relative shall
include with the power of attorney or the caretaker authorization
affidavit the information described in section 3109.27 of the
Revised Code.
(2) If the grandparent attorney in fact or qualified relative
provides information that the grandparent attorney in fact or
qualified relative previously has been convicted of or pleaded
guilty to any criminal offense involving any act that resulted in
a child child's being an abused child or a neglected child or
previously has been determined, in a case in which a child has
been adjudicated an abused child or a neglected child, to be the
perpetrator of the abusive or neglectful act that was the basis of
the adjudication, the court may report that information to the
public children services agency pursuant to section 2151.421 of
the Revised Code. Upon the receipt of that information, the public
children services agency shall initiate an investigation pursuant
to section 2151.421 of the Revised Code.
(3) If the court has reason to believe that a power of
attorney or caretaker authorization affidavit is not in the best
interest of the child, the court may report that information to
the public children services agency pursuant to section 2151.421
of the Revised Code. Upon receipt of that information, the public
children services agency shall initiate an investigation pursuant
to section 2151.421 of the Revised Code. The public children
services agency shall submit a report of its investigation to the
court not later than thirty days after the court reports the
information to the public children services agency or not later
than forty-five days after the court reports the information to
the public children services agency when information that is
needed to determine the case disposition cannot be compiled within
thirty days and the reasons are documented in the case record.
(D) The court shall waive any filing fee imposed for the
filing of the power of attorney or caretaker authorization
affidavit.
Sec. 3109.76. 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 grandparent designated as
attorney in
fact or the grandparent who executed the affidavit
qualified relative resides or with any other court that has
jurisdiction over the child under a previously filed motion or
proceeding.
Sec. 3109.77. (A) On the filing of a power of attorney or
caretaker authorization affidavit under section 3109.76 of the
Revised Code, the court in which the power of attorney or
caretaker authorization affidavit was filed 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 and to
the parent who is not the residential parent and legal custodian
unless one of the following circumstances applies:
(1) In accordance with section 3109.051 of the Revised Code,
that parent is not to be given a notice of relocation.
(2) The parent's parental rights have been terminated by
order of a juvenile court pursuant to Chapter 2151. of the Revised
Code.
(3) The parent cannot be located with reasonable efforts.
(4) The power of attorney was created by both parents.
(B)
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 and the parent who is not the
residential parent and legal custodian may present evidence and be
represented by
counsel.
(C) At the conclusion of the hearing, the court may take any
of the following actions that the court determines
is in the
child's best
interest:
(1) Approve the power of attorney or affidavit. If approved,
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.
(2) 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.
(3) Treat the filing of the power of attorney or affidavit as
a petition for legal custody and award legal custody of the child
to the grandparent designated as the attorney in fact under the
power of attorney or to the grandparent who executed the affidavit
qualified relative.
(D) The court shall conduct a de novo review of any order
issued under division (C) of this section if all of the following
apply regarding the parent who is not the residential parent and
legal custodian:
(1) The parent did not appear at the hearing from which the
order was issued.
(2) The parent was not represented by counsel at the hearing.
(3) The parent filed a motion with the court not later than
fourteen days after receiving notice of the hearing pursuant to
division (A) of this section.
Sec. 3313.64. (A) As used in this section and in section
3313.65 of the Revised Code:
(1)(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 grandparent person designated as 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
grandparent qualified relative
that executed 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 of
the Revised Code or
as applicable, sections 5103.20 to 5103.22 or
5103.23 to 5103.237 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)
"Preschool child with a disability"
has the
same
meaning as in section 3323.01 of the
Revised Code.
(8)
"Child," unless otherwise indicated, includes
preschool
children with disabilities.
(9) "Active duty" means active duty pursuant to an executive
order of the president of the United States, an act of the
congress of the United States, or section 5919.29 or 5923.21 of
the Revised Code.
(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 preschool child with a disability 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 child
with a
disability 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, the school district of
residence, as defined in section 3323.01 of the Revised Code,
shall pay tuition for the child 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) For a child that does not receive special education in
accordance with Chapter 3323. of the Revised Code, 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 2151.362 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;
(e) If the
department of education has determined, pursuant
to division
(A)(2) of section 2151.362 of the Revised Code, that
a school
district other than the one named in the court's initial
order, or
in a prior determination of the department, is
responsible to bear
the cost of educating the child, the district
so determined
shall be responsible for that cost.
(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, 3313.716, and 3313.718 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.
(14) A child under the age of twenty-two years who resides
with a person other than the child's parent is entitled to attend
school in the school district in which that person resides if both
of the following apply:
(a) That person has been appointed, through a military power
of attorney executed under section 574(a) of the "National Defense
Authorization Act for Fiscal Year 1994," 107 Stat. 1674 (1993), 10
U.S.C. 1044b, or through a comparable document necessary to
complete a family care plan, as the parent's agent for the care,
custody, and control of the child while the parent is on active
duty as a member of the national guard or a reserve unit of the
armed forces of the United States or because the parent is a
member of the armed forces of the United States and is on a duty
assignment away from the parent's residence.
(b) The military power of attorney or comparable document
includes at least the authority to enroll the child in school.
The entitlement to attend school in the district in which the
parent's agent under the military power of attorney or comparable
document resides applies until the end of the school year in which
the military power of attorney or comparable document expires.
(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)(1) Notwithstanding anything to the contrary in this
section or section 3313.65 of the Revised Code, a child under
twenty-two years of age may attend school in the school district
in which the child, at the end of the first full week of October
of the school year, was entitled to attend school as otherwise
provided under this section or section 3313.65 of the Revised
Code, if at that time the child was enrolled in the schools of the
district but since that time the child or the child's parent has
relocated to a new address located outside of that school district
and within the same county as the child's or parent's address
immediately prior to the relocation. The child may continue to
attend school in the district, and at the school to which the
child was assigned at the end of the first full week of October of
the current school year, for the balance of the school year.
Division (I)(1) of this section applies only if both of the
following conditions are satisfied:
(a) The board of education of the school district in which
the child was entitled to attend school at the end of the first
full week in October and of the district to which the child or
child's parent has relocated each has adopted a policy to enroll
children described in division (I)(1) of this section.
(b) The child's parent provides written notification of the
relocation outside of the school district to the superintendent of
each of the two school districts.
(2) At the beginning of the school year following the school
year in which the child or the child's parent relocated outside of
the school district as described in division (I)(1) of this
section, the child is not entitled to attend school in the school
district under that division.
(3) Any person or entity owing tuition to the school district
on behalf of the child at the end of the first full week in
October, as provided in division (C) of this section, shall
continue to owe such tuition to the district for the child's
attendance under division (I)(1) of this section for the lesser of
the balance of the school year or the balance of the time that the
child attends school in the district under division (I)(1) of this
section.
(4) A pupil who may attend school in the district under
division (I)(1) of this section shall be entitled to
transportation services pursuant to an agreement between the
district and the district in which the child or child's parent has
relocated unless the districts have not entered into such
agreement, in which case the child shall be entitled to
transportation services in the same manner as a pupil attending
school in the district under interdistrict open enrollment as
described in division (H) of section 3313.981 of the Revised Code,
regardless of whether the district has adopted an open enrollment
policy as described in division (B)(1)(b) or (c) of section
3313.98 of the Revised Code.
(J) 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.
(K) In the event of a disagreement, the superintendent of
public instruction shall determine the school district in which
the parent resides.
(L) 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.
(M) In accordance with division (B)(1) of this section, a
child whose parent is a member of the national guard or a reserve
unit of the armed forces of the United States and is called to
active duty, or a child whose parent is a member of the armed
forces of the United States and is ordered to a temporary duty
assignment outside of the district, may continue to attend school
in the district in which the child's parent lived before being
called to active duty or ordered to a temporary duty assignment
outside of the district, as long as the child's parent continues
to be a resident of that district, and regardless of where the
child lives as a result of the parent's active duty status or
temporary duty assignment. However, the district is not
responsible for providing transportation for the child if the
child lives outside of the district as a result of the parent's
active duty status or temporary duty assignment.
Sec. 3313.649. (A) As used in this section:
(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) The grandparent who is attorney in fact under a power of
attorney or the
grandparent qualified relative that executed a
caretaker authorization affidavit may enroll the child who is the
subject of the power of attorney or
affidavit in a school in the
school district in which the grandparent attorney in fact or
qualified relative resides.
Unless another reason exists under the
Revised Code to
exclude the child, the child may attend the
schools of the school
district in which the grandparent attorney
in fact or qualified relative
resides.
Sec. 3313.672. (A)(1) At the time of
initial entry to
a
public or nonpublic school, a pupil shall present to the person
in
charge of admission any records given
the pupil by the
public
or
nonpublic elementary or secondary school
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 3109.80 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) If a pupil requesting admission to a school of the school
district in which the pupil is entitled to attend school under
section 3313.64 or 3313.65 of the Revised Code has been discharged
or released from the custody of the department of youth services
under section 5139.51 of the Revised Code just prior to requesting
admission to the school, no school official shall admit that pupil
until the records described in divisions (D)(4)(a) to (d) of
section 2152.18 of the Revised Code have been received by the
superintendent of the school district.
(3) Except as otherwise provided in division (A)(2) of this
section, 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
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
(e) 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
grandparent qualified relative who executed 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
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.
(D) Whenever a public or nonpublic school is notified by a
law enforcement agency pursuant to division (D) of section 2901.30
of the Revised Code that a missing child report has been filed
regarding a pupil who is currently or was previously enrolled in
the school, the person in charge of admission at the school shall
mark that pupil's records in such a manner that whenever a copy of
or information regarding the records is requested, any school
official responding to the request is alerted to the fact that the
records are those of a missing child. Upon any request for a copy
of or information regarding a pupil's records that have been so
marked, the person in charge of admission immediately shall report
the request to the law enforcement agency that notified the school
that the pupil is a missing child. When forwarding a copy of or
information from the pupil's records in response to a request, the
person in charge of admission shall do so in such a way that the
receiving district or school would be unable to discern that the
pupil's records are marked pursuant to this division but shall
retain the mark in the pupil's records until notified that the
pupil is no longer a missing child. Upon notification by a law
enforcement agency that a pupil is no longer a missing child, the
person in charge of admission shall remove the mark from the
pupil's records in such a way that if the records were forwarded
to another district or school, the receiving district or school
would be unable to
discern that the records were ever marked.
Sec. 5101.802. (A) As used in this section:
(1) "Custodian," "guardian," and "minor child" have the same
meanings as in section 5107.02 of the Revised Code.
(2) "Federal poverty guidelines" has the same meaning as in
section 5101.46 of the Revised Code.
(3) "Kinship caregiver" has the same meaning as in section
5101.85 of the Revised Code.
(B) Subject to division (E) of section 5101.801 of the
Revised Code, there is hereby created the kinship permanency
incentive program to promote permanency for a minor child in the
legal and physical custody of a kinship caregiver. The program
shall provide an initial one-time incentive payment to the kinship
caregiver to defray the costs of initial placement of the minor
child in the kinship caregiver's home. The program may provide
additional permanency incentive payments for the minor child at
six month intervals for a total period not to exceed thirty-six
sixty
months.
(C)
A kinship caregiver may participate in the program if all
of the following requirements are met:
(1) The kinship caregiver applies to a public children
services agency in accordance with the application process
established in rules authorized by division (E) of this section;
(2) Not earlier than July 1, 2005, a juvenile court issues an
order granting legal custody to
the kinship caregiver, or a
probate court
grants guardianship to the kinship caregiver,
except that a
temporary court order is not sufficient to meet
this requirement;
(3) The kinship caregiver is either the minor child's
custodian or guardian;
(4) The minor child resides with the kinship caregiver
pursuant to a placement approval process established in rules
authorized by division (E) of this section;
(5) Excluding any income excluded under rules adopted
under
division (E) of this section, the gross income of the
kinship
caregiver's family, including the minor child, does not
exceed
three hundred per cent of the federal poverty
guidelines.
(D) Public children services agencies shall make initial and
ongoing eligibility determinations for the kinship permanency
incentive program in accordance with rules authorized by division
(E) of this section. The director of job and family services shall
supervise public children services agencies' duties under this
section.
(E) The director of job and family services shall adopt rules
under division (C) of section 5101.801 of the Revised Code as
necessary to implement the kinship permanency incentive program.
The rules shall establish all of the following:
(1) The application process for the program;
(2) The placement approval process through which a minor
child is placed with a kinship caregiver for the kinship caregiver
to be eligible for the program;
(3) The initial and ongoing eligibility determination process
for the program, including the computation of income eligibility;
(4) The amount of the incentive payments provided under the
program;
(5) The method by which the incentive payments are provided
to a kinship caregiver.
(F) The
amendments made to this section by Am. Sub. H.B. 119
of the 127th
general assembly shall not affect the eligibility of
any kinship
caregiver whose eligibility was established before
the effective
date of the amendments June 30, 2007.
Section 2. That existing sections 2151.33, 3109.52, 3109.53,
3109.54, 3109.59, 3109.60, 3109.65, 3109.66, 3109.67, 3109.69,
3109.70, 3109.71, 3109.74, 3109.76, 3109.77, 3313.64, 3313.649,
3313.672, and 5101.802 of the Revised Code are hereby repealed.
Section 3. Whenever a child comes into the custody of a
public children services agency, either as part of a sibling group
or subsequent to the previous placement of a sibling, the agency
is strongly encouraged to make reasonable efforts to place the
siblings together, unless it would be contrary to the siblings'
best interest or well-being. If siblings are not placed together,
the agency should make reasonable efforts to ensure the siblings
maintain frequent connections through visitation or other ongoing
interaction, unless contrary to the siblings' placement or
well-being.
Section 4. Upon receipt of further guidance from the United
States Department of Health and Human Services regarding the
coordination of the use of the Federal Parent Locator Service
between states and the federal Office of Child Support
Enforcement, the Department of Job and Family Services shall adopt
rules governing the use of the Federal Parent Locator Service by
the Office of Child Support in the Department of Job and Family
Services, and the dissemination of information contained within
the Federal Parent Locator Service to public children services
agencies.
Section 5. (A) The Department of Job and Family Services
shall conduct a feasibility study of current trends in the use of
relative caregivers for the placement of children by public
children services agencies into relative caregiver homes. The
study shall focus on a continuum of options, including informal
relative placements, judicial transfer of legal custody or
guardianship to a relative caregiver and the Kinship Permanency
Incentive Program, use of approved relative caregivers, relatives
becoming certified foster caregivers, and relatives as adoptive
parents. The study shall include agency and court practices; child
outcomes addressing safety, stability and permanency; and state
and local cost implications of adding a subsidized relative
guardianship program in accordance with 42 U.S.C. 671(a)(28).
(B) The Department of Job and Family Services shall complete
the feasibility study by December 31, 2010, and shall submit the
completed report to the Governor, the Speaker of the House of
Representatives, and the President of the Senate.
Section 6. Section 3313.64 of the Revised Code is
presented
in
this act as a composite of the section as amended by
both Am.
Sub. H.B. 119 and Am. Sub. H.B. 214 of
the 127th 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.
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