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H. B. No. 279 As IntroducedAs Introduced
129th General Assembly | Regular Session | 2011-2012 |
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Representatives Grossman, Driehaus
Cosponsors:
Representatives Yuko, Combs, Boyd, Reece, Letson, Henne, Martin, Goyal, Burke
A BILL
To amend sections 2151.33, 3109.52, 3109.53, 3109.54,
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 sections 2151.411 and 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 sections 2151.411 and 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. 2151.411. 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.
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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Parent's signature |
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..................................... |
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Grandparent Person designated as attorney in fact |
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County of ................)
Subscribed, sworn to, and acknowledged before me this ...... day
of ........., .............
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Notary Public |
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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. |
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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. |
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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. |
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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. |
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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. |
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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. |
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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. |
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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. |
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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. |
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To the grandparent person designated as attorney in fact:
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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. |
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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. |
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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. |
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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. |
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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. |
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To health care providers:
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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. |
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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. |
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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).
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Name of child: |
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Child's date and year of birth: |
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Child's social security number (optional): |
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My name: |
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My home address: |
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My date and year of birth: |
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My Ohio driver's license number or identification card number: |
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Despite having made reasonable attempts, I am either: |
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(a) Unable to locate or contact the child's parents, or the child's guardian or custodian; or |
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(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 |
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(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: |
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(i) The parent has been prohibited from receiving notice of a relocation; or
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(ii) The parental rights of the parent have been terminated. |
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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. |
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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. |
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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 ........., .............
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Notary Public |
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The grandparent's qualified relative's signature must be notarized by an Ohio notary public. |
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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. |
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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. |
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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. |
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A person or entity that relies on this affidavit, in good faith, has no obligation to make any further inquiry or investigation. |
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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. |
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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. |
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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: |
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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 qualified relative; |
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(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; |
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(c) The court in which the affidavit was filed after its creation. |
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The grandparent qualified relative shall make the notifications not later than one week after the date the affidavit terminates. |
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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. |
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"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. |
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"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. |
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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 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. |
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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. |
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You must include with the caretaker authorization affidavit 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. |
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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. |
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The school district may require additional reasonable evidence that the grandparent qualified relative lives at the address provided in item 5. |
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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. |
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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. |
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To health care providers:
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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. |
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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. |
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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. |
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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 provided in
divisions (C)(1) to (3) of this section, unless division (C)(4) of
this section applies to the child:
(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.
(4) Division (C)(4) of this section applies to any child who
is admitted to a school district under division (B)(2) of this
section, resides in a home that is not a foster home or a home
maintained by the department of youth services, receives
educational services at the home in which the child resides
pursuant to a contract between the home and the school district
providing those services, and does not receive special education.
In the case of a child to which division (C)(4) of this
section applies, the total educational cost to be paid for the
child shall be determined by a formula approved by the department
of education, which formula shall be designed to calculate a per
diem cost for the educational services provided to the child for
each day the child is served and shall reflect the total actual
cost incurred in providing those services. The department shall
certify the total educational cost to be paid for the child to
both the school district providing the educational services and,
if different, the school district that is responsible to pay
tuition for the child. The department shall deduct the certified
amount from the state basic aid funds payable under Chapter 3317.
of the Revised Code to the district responsible to pay tuition and
shall pay that amount to the district providing the educational
services to the child.
(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. 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 4. (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, 2012, and shall submit the
completed report to the Governor, the Speaker of the House of
Representatives, and the President of the Senate.
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