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Am. Sub. H. B. No. 279 As Passed by the SenateAs Passed by the Senate
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, Bubp, Conditt, Adams, R., Antonio, Barnes, Blair, Celebrezze, Celeste, Cera, Fedor, Fende, Foley, Garland, Hackett, Hagan, R., Heard, Johnson, Kozlowski, Mallory, Milkovich, Murray, Newbold, O'Brien, Patmon, Phillips, Pillich, Ramos, Ruhl, Sprague, Winburn
Senators Bacon, Brown, Burke, Cafaro, Eklund, Hite, Hughes, Kearney, Lehner, Manning, Niehaus, Oelslager, Patton, Sawyer, Schiavoni, Seitz, Smith, Tavares, Turner, Wagoner, Widener
A BILL
To amend sections 2151.33, 3107.062, 3107.063,
3109.53, 3109.59, 3109.60, 3109.66, 3109.70,
3109.71, 3109.72, 3310.41, 5153.16, and 5153.161,
to enact new section 3109.76 and sections 2151.411
and 3310.43, and to repeal sections 3109.76 and
3109.77 of the Revised Code to require a public
children services agency or private child placing
agency that obtains temporary custody of a child
to attempt to notify certain relatives of the
child; to require a public children services
agency to attempt to keep siblings together; to
modify the putative father registry; to eliminate
the automatic termination upon the expiration of
one year of a power of attorney or caretaker
authorization affidavit that gives care of a child
to a grandparent; to allow a grandparent to seek
custody of a child if the child's parent,
guardian, or custodian seeks to terminate a power
of attorney or caretaker authorization affidavit;
to require a public children services agency to
file a missing child report if a child in its
custody is or may be missing; to authorize a
public children services agency to provide care
for a child in the home of a qualified nonrelative
of the child; to require the Department of Job and
Family Services to develop recommendations for the
implementation of a subsidized relative
guardianship program; to authorize the State Board
of Education to issue one-year, renewable
instructional assistant permits for qualified
individuals to provide services to children under
the Autism Scholarship Program; to make other
changes in the administration of the Autism
Scholarship Program; and to declare an emergency.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 2151.33, 3107.062, 3107.063,
3109.53, 3109.59, 3109.60, 3109.66, 3109.70, 3109.71, 3109.72,
3310.41, 5153.16, and 5153.161 be amended and new section 3109.76
and sections 2151.411 and 3310.43 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.
(H)(1) Pending the 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, a
public children services agency may request that the
superintendent of the bureau of criminal identification and
investigation conduct a criminal records check with respect to
each parent, guardian, custodian, prospective custodian, or
prospective placement whose actions resulted in a temporary
disposition under division (A) of this section. The public
children services agency may request that the superintendent
obtain information from the federal bureau of investigation as
part of the criminal records check of each parent, guardian,
custodian, prospective custodian, or prospective placement.
(2) Each public children services agency authorized by
division (H) of this section to request a criminal records check
shall do both of the following:
(a) Provide to each parent, guardian, custodian, prospective
custodian, or prospective placement for whom a criminal records
check is requested a copy of the form prescribed pursuant to
division (C)(1) of section 109.572 of the Revised Code and a
standard fingerprint impression sheet prescribed pursuant to
division (C)(2) of that section and obtain the completed form and
impression sheet from the parent, guardian, custodian, prospective
custodian, or prospective placement;
(b) Forward the completed form and impression sheet to the
superintendent of the bureau of criminal identification and
investigation.
(3) A parent, guardian, custodian, prospective custodian, or
prospective placement who is given a form and fingerprint
impression sheet under division (H)(2)(a) of this section and who
fails to complete the form or provide fingerprint impressions may
be held in contempt of 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. 3107.062. The department of job and family services
shall establish a putative father registry. To register, a
putative father must complete a registration form prescribed under
section 3107.065 of the Revised Code and submit it to the
department. The registration form shall include the putative
father's name; the name of the mother of the person he claims as
his child; and the address or telephone number at which he wishes
to receive, pursuant to section 3107.11 of the Revised Code,
notice of a any petition that may be filed to adopt the a minor he
claims as his child; and the name of the mother of the minor.
A putative father may register at any time. For the purpose
of preserving the requirement of his consent to an adoption, a
putative father shall register before or not later than thirty
days after the birth of the child. No fee shall be charged for
registration.
On receipt of a completed registration form, the department
shall indicate on the form the date of receipt and file it in the
putative father registry. The department shall maintain
registration forms in a manner that enables it to access a
registration form using either the name of the putative father or
of the mother.
Sec. 3107.063. A An attorney arranging a minor's adoption, a
mother or an, a public children services agency, a private
noncustodial agency, or attorney arranging a
minor's adoption
private child placing agency may request at any time that the
department of job and family services search the putative father
registry to determine whether a man is registered as the minor's
putative father. The request shall include the mother's name. On
receipt of the request, the department shall search the registry.
If the department determines that a man is registered as the
minor's putative father, it shall provide the attorney, mother, or
agency, or attorney a certified copy of the man's registration
form. If the department determines that no man is registered as
the minor's putative father, it shall provide the
attorney,
mother, or agency, or attorney a certified written statement to
that effect. The department shall specify in the statement the
date the search request was submitted. No fee shall be charged for
searching the registry.
Division (B) of section 3107.17 of the Revised Code does not
apply to this section.
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 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 and give notice of the revocation to the
grandparent designated as attorney in fact; (4) and the juvenile
court with which this POWER OF ATTORNEY was filed; (2) the child
ceases to reside with the grandparent designated as attorney in
fact; (3) this POWER OF ATTORNEY is terminated by court order;
(5)(4) the death of the child who is the subject of the power of
attorney; or
(6)(5) the death of the grandparent designated as
the attorney in fact.
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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Grandparent 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 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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7.6. |
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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 and that person gives written notice of the revocation to the grandparent who is the attorney in fact; (4) and the juvenile court with which the power of attorney was filed; (2) the child ceases to live with the grandparent who is the attorney in fact; (3) the power of attorney is terminated by court order; (5)(4) the death of the child who is the subject of the power of attorney; or (6)(5) the death of the grandparent designated as the attorney in fact. |
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If this power of attorney terminates other than by the death of the attorney in fact, the grandparent who served as the attorney in fact shall notify, in writing, all of the following: |
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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; |
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(b) Any other person or entity that has an ongoing relationship with the child or grandparent such that the other person or entity would reasonably rely on the power of attorney unless notified of the termination; |
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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 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 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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If you receive written notice of revocation of the power of attorney or the parent, custodian, or guardian removes the child from your home and if you believe that the revocation or removal is not in the best interest of the child, you may, within fourteen days, file a complaint in the juvenile court to seek custody. You may retain physical custody of the child until the fourteen-day period elapses or, if you file a complaint, until the court orders otherwise. |
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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 designated as attorney in fact resides and that grandparent is authorized to provide consent in all school-related matters and to obtain from the school district educational and behavioral information about the child. This power of attorney does not preclude the parent, guardian, or custodian of the child from having access to all school records pertinent to the child. |
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The school district may require additional reasonable evidence that the grandparent 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 designated as attorney in fact are notarized. |
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The decision of a grandparent designated as attorney in fact, based on a power of attorney, shall be honored by a health care facility or practitioner, school district, or school official. |
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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, and that person gives written notice of the
revocation to the grandparent designated as the attorney in fact
and to the juvenile court with which the power of attorney was
filed.
(3)(2) The child ceases to reside with the grandparent
designated as the attorney in fact.
(4)(3) The power of attorney is terminated by court order.
(5)(4) The death of the child who is the subject of the power
of attorney.
(6)(5) The death of the grandparent 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 revoked, a
copy of the revocation of an initial the 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 3109.74 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) or (4), or (A)(5) of section
3109.59 of the Revised Code, the grandparent 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 such that the person or
entity would reasonably rely on the power of attorney unless
notified of the termination.
The grandparent shall make the notifications not later than
one week after the date the power of attorney terminates.
Sec. 3109.66. The caretaker authorization affidavit that a
grandparent 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 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.
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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:......................
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 signature must be notarized by an Ohio notary public. |
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The grandparent who executed this affidavit must file it with the juvenile court of the county in which the grandparent resides or any other court that has jurisdiction over the child under a previously filed motion or proceeding not later than five days after the date it is executed. |
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A grandparent who executes a second or subsequent caretaker authorization affidavit regarding a child who is the subject of a prior caretaker authorization affidavit must file the affidavit with the juvenile court of the county in which the grandparent resides or any other court that has jurisdiction over the child under a previously filed motion or proceeding. On filing, the court will schedule a hearing to determine whether the caretaker authorization affidavit is in the child's best interest. |
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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 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 who signs this form; (3)(2) the parent, guardian, or custodian of the child acts to negate, reverse, or otherwise disapprove an action or decision of the grandparent who signed this affidavit, and the grandparent either voluntarily returns the child to the physical custody of the parent, guardian, or custodian or fails to file a complaint to seek custody within fourteen days; or (4)(3) the affidavit is terminated by court order; (5)(4) the death of the child who is the subject of the affidavit; or (6)(5) the death of the grandparent who executed the affidavit. |
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A parent, guardian, or custodian may negate, reverse, or disapprove a grandparent's action or decision only by delivering written notice of negation, reversal, or disapproval to the grandparent and the person acting on the grandparent's action or decision in reliance on this affidavit. |
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If this affidavit terminates other than by the death of the grandparent, the grandparent who signed this affidavit shall notify, in writing, all of the following: |
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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; |
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(b) Any other person or entity that has an ongoing relationship with the child or grandparent such that the person or entity would reasonably rely on the affidavit unless notified of the termination; |
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(c) The court in which the affidavit was filed after its creation. |
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The grandparent shall make the notifications not later than one week after the date the affidavit terminates. |
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The decision of a grandparent to consent to or to refuse medical treatment or school enrollment for a child is superseded by a contrary decision of a parent, custodian, or guardian of the child, unless the decision of the parent, guardian, or custodian would jeopardize the life, health, or safety of the child. |
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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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If the child's parent, guardian, or custodian acts to terminate the caretaker authorization affidavit by delivering a written notice of negation, reversal, or disapproval of an action or decision of yours or removes the child from your home and if you believe that the termination or removal is not in the best interest of the child, you may, within fourteen days, file a complaint in the juvenile court to seek custody. You may retain physical custody of the child until the fourteen-day period elapses or, if you file a complaint, until the court orders otherwise. |
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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 who signed this affidavit resides and the grandparent is authorized to provide consent in all school-related matters and to discuss with the school district the child's educational progress. This affidavit does not preclude the parent, guardian, or custodian of the child from having access to all school records pertinent to the child. |
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The school district may require additional reasonable evidence that the grandparent lives at the address provided in item 5 of the affidavit. |
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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 who signed this affidavit constitutes termination of this affidavit. A parent, guardian, or custodian may negate, reverse, or disapprove a grandparent's action or decision only by delivering written notice of negation, reversal, or disapproval to the grandparent and the person acting on the grandparent's action or decision in reliance on this affidavit. |
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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 signature is notarized. |
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The decision of a grandparent, based on a CARETAKER AUTHORIZATION AFFIDAVIT, shall be honored by a health care facility or practitioner, school district, or school official unless the health care facility or practitioner or educational facility or official has actual knowledge that a parent, guardian, or custodian of a child has made a contravening decision to consent to or to refuse medical treatment for the child. |
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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 who signed this affidavit constitutes termination of this affidavit. A parent, guardian, or custodian may negate, reverse, or disapprove a grandparent's action or decision only by delivering written notice of negation, reversal, or disapproval to the grandparent and the person acting on the grandparent's action or decision in reliance on this affidavit. |
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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.
(C)(B) 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 who signed the
affidavit with respect to the child, and the grandparent either
voluntarily returns the child to the physical custody of the
parent, guardian, or custodian or fails to file a complaint to
seek custody within fourteen days after the delivery of written
notice of negation, reversal, or other disapproval.
(D)(C) The affidavit is terminated by court order.
(E)(D) The death of the child who is the subject of the
affidavit.
(F)(E) The death of the grandparent who executed the
affidavit.
Sec. 3109.71. When a caretaker authorization affidavit
terminates pursuant to division (A), (B), (C), or (D), or (E) of
section 3109.70 of the Revised Code, the grandparent 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 such that the person or entity would reasonably rely
on the affidavit unless notified of the termination. The
grandparent shall make the notifications not later than one week
after the date the affidavit terminates.
Sec. 3109.72. The parent, guardian, or custodian of a child
may negate, reverse, or otherwise disapprove any action taken or
decision made pursuant to a caretaker authorization affidavit
unless negation, reversal, or disapproval would jeopardize the
life, health, or safety of the child. A parent, guardian, or
custodian may negate, reverse, or disapprove a caretaker's action
or decision only by delivering written notice of negation,
reversal, or disapproval to the caretaker and the person
responding to the caretaker's action or decision in reliance on
the affidavit. The act to negate, reverse, or disapprove the
action or decision, regardless of whether it is effective,
terminates the affidavit as of the date the caretaker returns the
child to the parent, guardian, or custodian or upon the expiration
of fourteen days from the delivery of written notice of the
negation, reversal, or disapproval if the caretaker has not filed
a complaint in the interim pursuant to section 3109.76 of the
Revised Code.
Sec. 3109.76. (A) A grandparent who has physical custody of
a child under a power of attorney, within fourteen days after the
child's parent, guardian, or custodian gives written notice of
revocation of the power of attorney to the grandparent and files a
written notice of revocation of the power of attorney with the
juvenile court or within fourteen days after removal of the child
from the grandparent's home, may file a complaint under division
(A)(2) of section 2151.23 or division (D) of section 2151.27 of
the Revised Code seeking a determination of custody if the
grandparent believes that the revocation or removal is not in the
best interest of the child.
(B) A grandparent who has physical custody of a child under a
caretaker authorization affidavit, within fourteen days after a
parent, guardian, or custodian terminates the affidavit by
delivering a written notice of negation, reversal, or disapproval
of an action or decision of the grandparent or within fourteen
days after removal of the child from the grandparent's home, may
file a complaint under division (A)(2) of section 2151.23 or
division (D) of section 2151.27 of the Revised Code seeking a
determination of custody if the grandparent believes that the
termination or removal is not in the best interest of the child.
(C) Pending a hearing and decision on a complaint filed under
division (A) or (B) of this section, the juvenile court, in
accordance with section 2151.33 of the Revised Code, may make any
temporary disposition of any child that it considers necessary to
protect the best interest of the child.
(D) If a parent, guardian, or custodian revokes a power of
attorney or terminates a caretaker authorization affidavit, the
grandparent may retain custody of the child until the fourteen-day
period for filing a complaint under division (A) or (B) of this
section has expired or, if the grandparent files a complaint,
until the court orders otherwise.
Sec. 3310.41. (A) As used in this section:
(1) "Alternative public provider" means either of the
following providers that agrees to enroll a child in the
provider's special education program to implement the child's
individualized education program and to which the child's parent
owes fees for the services provided to the child:
(a) A school district that is not the school district in
which the child is entitled to attend school;
(b) A public entity other than a school district.
(2) "Entitled to attend school" means entitled to attend
school in a school district under section 3313.64 or 3313.65 of
the Revised Code.
(3) "Formula ADM" and "category six special education ADM"
have the same meanings as in section 3317.02 of the Revised Code.
(4) "Preschool child with a disability" and "individualized
education program" have the same meanings as in section 3323.01 of
the Revised Code.
(5) "Parent" has the same meaning as in section 3313.64 of
the Revised Code, except that "parent" does not mean a parent
whose custodial rights have been terminated.
(6) "Preschool scholarship ADM" means the number of preschool
children with disabilities reported under division (B)(3)(h) of
section 3317.03 of the Revised Code.
(7) "Qualified special education child" is a child for whom
all of the following conditions apply:
(a) The school district in which the child is entitled to
attend school has identified the child as autistic. A child who
has been identified as having a "pervasive developmental disorder
- not otherwise specified (PPD-NOS)" shall be considered to be an
autistic child for purposes of this section.
(b) The school district in which the child is entitled to
attend school has developed an individualized education program
under Chapter 3323. of the Revised Code for the child.
(i) Was enrolled in the school district in which the child is
entitled to attend school in any grade from preschool through
twelve in the school year prior to the year in which a scholarship
under this section is first sought for the child; or
(ii) Is eligible to enter school in any grade preschool
through twelve in the school district in which the child is
entitled to attend school in the school year in which a
scholarship under this section is first sought for the child.
(8) "Registered private provider" means a nonpublic school or
other nonpublic entity that has been approved by the department of
education to participate in the program established under this
section.
(9) "Special education program" means a school or facility
that provides special education and related services to children
with disabilities.
(B) There is hereby established the autism scholarship
program. Under the program, the department of education shall pay
a scholarship to the parent of each qualified special education
child upon application of that parent pursuant to procedures and
deadlines established by rule of the state board of education.
Each scholarship shall be used only to pay tuition for the child
on whose behalf the scholarship is awarded to attend a special
education program that implements the child's individualized
education program and that is operated by an alternative public
provider or by a registered private provider, and to pay for other
services agreed to by the provider and the parent of a qualified
special education child that are not included in the
individualized education program but are associated with educating
the child. Upon agreement with the parent of a qualified special
education child, the alternative public provider or the registered
private provider may modify the services provided to the child.
Each scholarship shall be in an amount not to exceed the lesser of
the tuition charged for the child by the special education program
or twenty thousand dollars. The purpose of the scholarship is to
permit the parent of a qualified special education child the
choice to send the child to a special education program, instead
of the one operated by or for the school district in which the
child is entitled to attend school, to receive the services
prescribed in the child's individualized education program once
the individualized education program is finalized and any other
services agreed to by the provider and the parent of a qualified
special education child. The services provided under the
scholarship shall include an educational component or services
designed to assist the child to benefit from the child's
education.
A scholarship under this section shall not be awarded to the
parent of a child while the child's individualized education
program is being developed by the school district in which the
child is entitled to attend school, or while any administrative or
judicial mediation or proceedings with respect to the content of
the child's individualized education program are pending. A
scholarship under this section shall not be used for a child to
attend a public special education program that operates under a
contract, compact, or other bilateral agreement between the school
district in which the child is entitled to attend school and
another school district or other public provider, or for a child
to attend a community school established under Chapter 3314. of
the Revised Code. However, nothing in this section or in any rule
adopted by the state board shall prohibit a parent whose child
attends a public special education program under a contract,
compact, or other bilateral agreement, or a parent whose child
attends a community school, from applying for and accepting a
scholarship under this section so that the parent may withdraw the
child from that program or community school and use the
scholarship for the child to attend a special education program
for which the parent is required to pay for services for the
child.
Except for development of the child's individualized
education program, the school district in which a qualified
special education child is entitled to attend school and the
child's school district of residence, as defined in section
3323.01 of the Revised Code, if different, are not obligated to
provide the child with a free appropriate public education under
Chapter 3323. of the Revised Code for as long as the child
continues to attend the special education program operated by
either an alternative public provider or a registered private
provider for which a scholarship is awarded under the autism
scholarship program. If at any time, the eligible applicant for
the child decides no longer to accept scholarship payments and
enrolls the child in the special education program of the school
district in which the child is entitled to attend school, that
district shall provide the child with a free appropriate public
education under Chapter 3323. of the Revised Code.
A child attending a special education program with a
scholarship under this section shall continue to be entitled to
transportation to and from that program in the manner prescribed
by law.
(C)(1) As prescribed in divisions (A)(2)(h), (B)(3)(g), and
(B)(10) of section 3317.03 of the Revised Code, a child who is not
a preschool child with a disability for whom a scholarship is
awarded under this section shall be counted in the formula ADM and
the category six special education ADM of the district in which
the child is entitled to attend school and not in the formula ADM
and the category six special education ADM of any other school
district. As prescribed in divisions (B)(3)(h) and (B)(10) of
section 3317.03 of the Revised Code, a child who is a preschool
child with a disability for whom a scholarship is awarded under
this section shall be counted in the preschool scholarship ADM and
category six special education ADM of the school district in which
the child is entitled to attend school and not in the preschool
scholarship ADM or category six special education ADM of any other
school district.
(2) In each fiscal year, the department shall deduct from the
amounts paid to each school district under Chapter 3317. of the
Revised Code, and, if necessary, sections 321.24 and 323.156 of
the Revised Code, the aggregate amount of scholarships awarded
under this section for qualified special education children
included in the formula ADM, or preschool scholarship ADM, and in
the category six special education ADM of that school district as
provided in division (C)(1) of this section.
The scholarships deducted shall be considered as an approved
special education and related services expense of the school
district.
(3) From time to time, the department shall make a payment to
the parent of each qualified special education child for whom a
scholarship has been awarded under this section. The scholarship
amount shall be proportionately reduced in the case of any such
child who is not enrolled in the special education program for
which a scholarship was awarded under this section for the entire
school year. The department shall make no payments to the parent
of a child while any administrative or judicial mediation or
proceedings with respect to the content of the child's
individualized education program are pending.
(D) A scholarship shall not be paid to a parent for payment
of tuition owed to a nonpublic entity unless that entity is a
registered private provider. The department shall approve entities
that meet the standards established by rule of the state board for
the program established under this section.
(E) The state board shall adopt rules under Chapter 119. of
the Revised Code prescribing procedures necessary to implement
this section, including, but not limited to, procedures and
deadlines for parents to apply for scholarships, standards for
registered private providers, and procedures for approval of
entities as registered private providers.
The rules also shall specify that intervention services under
the autism scholarship program may be provided by a qualified,
credentialed provider, including, but not limited to, all of the
following:
(1) A behavior analyst certified by a nationally recognized
organization that certifies behavior analysts;
(2) A psychologist licensed to practice in this state under
Chapter 4732. of the Revised Code;
(3) A school psychologist licensed by the state board under
section 3319.22 of the Revised Code;
(4) Any person employed by a licensed psychologist or
licensed school psychologist, while carrying out specific tasks,
under the licensee's supervision, as an extension of the
licensee's legal and ethical authority as specified under Chapter
4732. of the Revised Code who is ascribed as "psychology trainee,"
"psychology assistant," "psychology intern," or other appropriate
term that clearly implies their supervised or training status;
(5) Unlicensed persons holding a doctoral degree in
psychology or special education from a program approved by the
state board;
(6) Any other qualified individual as determined by the state
board.
(F) The department shall provide reasonable notice to all
parents of children receiving a scholarship under the autism
scholarship program, alternative public providers, and registered
private providers of any amendment to a rule governing, or change
in the administration of, the autism scholarship program.
Sec. 3310.43. (A) As used in this section:
(1) "Registered private provider" has the same meaning as in
section 3310.41 of the Revised Code.
(2) "Two years of study" means the equivalent of forty-eight
semester hours or seventy-two quarter hours.
(B) The state board of education may issue an instructional
assistant permit to an individual, upon the request of a
registered private provider, qualifying that individual to provide
services to a child under the autism scholarship program under
section 3310.41 of the Revised Code. The permit shall be valid for
one year from the date of issue and shall be renewable.
For an individual to qualify for a permit under this section,
the registered private provider shall assure to the state board
all of the following:
(1) The individual is of good moral character.
(2) The individual possesses the appropriate skills necessary
to perform the duties of an instructional assistant, including the
supervision of children and assistance with instructional tasks.
(3) The individual demonstrates the potential to benefit from
and consents to participating in in-service training, as required
by the registered private provider.
(4) The individual either:
(a) Has an associate degree or higher from an accredited
institution of higher education;
(b) Has completed at least two years of study at an
accredited institution of higher education.
(C) An individual issued a permit under this section may
provide instructional services in the home of a child so long as
the individual is subject to adequate training and supervision.
The state board shall adopt rules, pursuant to Chapter 119. of the
Revised Code, regarding how providers will demonstrate this
supervision.
(D) An individual issued a permit under this section shall be
subject to the requirements of sections 3319.291, 3319.31,
3319.311, and 3319.313 of the Revised Code.
Sec. 5153.16. (A) Except as provided in section 2151.422 of
the Revised Code, in accordance with rules adopted under section
5153.166 of the Revised Code, and on behalf of children in the
county whom the public children services agency considers to be in
need of public care or protective services, the public children
services agency shall do all of the following:
(1) Make an investigation concerning any child alleged to be
an abused, neglected, or dependent child;
(2) Enter into agreements with the parent, guardian, or other
person having legal custody of any child, or with the department
of job and family services, department of mental health,
department of developmental disabilities, other department, any
certified organization within or outside the county, or any agency
or institution outside the state, having legal custody of any
child, with respect to the custody, care, or placement of any
child, or with respect to any matter, in the interests of the
child, provided the permanent custody of a child shall not be
transferred by a parent to the public children services agency
without the consent of the juvenile court;
(3) Accept custody of children committed to the public
children services agency by a court exercising juvenile
jurisdiction;
(4) Provide such care as the public children services agency
considers to be in the best interests of any child adjudicated to
be an abused, neglected, or dependent child the agency finds to be
in need of public care or service;
(5) Provide social services to any unmarried girl adjudicated
to be an abused, neglected, or dependent child who is pregnant
with or has been delivered of a child;
(6) Make available to the bureau for children with medical
handicaps of the department of health at its request any
information concerning a crippled child found to be in need of
treatment under sections 3701.021 to 3701.028 of the Revised Code
who is receiving services from the public children services
agency;
(7) Provide temporary emergency care for any child considered
by the public children services agency to be in need of such care,
without agreement or commitment;
(8) Find certified foster homes, within or outside the
county, for the care of children, including handicapped children
from other counties attending special schools in the county;
(9) Subject to the approval of the board of county
commissioners and the state department of job and family services,
establish and operate a training school or enter into an agreement
with any municipal corporation or other political subdivision of
the county respecting the operation, acquisition, or maintenance
of any children's home, training school, or other institution for
the care of children maintained by such municipal corporation or
political subdivision;
(10) Acquire and operate a county children's home, establish,
maintain, and operate a receiving home for the temporary care of
children, or procure certified foster homes for this purpose;
(11) Enter into an agreement with the trustees of any
district children's home, respecting the operation of the district
children's home in cooperation with the other county boards in the
district;
(12) Cooperate with, make its services available to, and act
as the agent of persons, courts, the department of job and family
services, the department of health, and other organizations within
and outside the state, in matters relating to the welfare of
children, except that the public children services agency shall
not be required to provide supervision of or other services
related to the exercise of parenting time rights granted pursuant
to section 3109.051 or 3109.12 of the Revised Code or
companionship or visitation rights granted pursuant to section
3109.051, 3109.11, or 3109.12 of the Revised Code unless a
juvenile court, pursuant to Chapter 2151. of the Revised Code, or
a common pleas court, pursuant to division (E)(6) of section
3113.31 of the Revised Code, requires the provision of supervision
or other services related to the exercise of the parenting time
rights or companionship or visitation rights;
(13) Make investigations at the request of any superintendent
of schools in the county or the principal of any school concerning
the application of any child adjudicated to be an abused,
neglected, or dependent child for release from school, where such
service is not provided through a school attendance department;
(14) Administer funds provided under Title IV-E of the
"Social Security Act," 94 Stat. 501 (1980), 42 U.S.C.A. 671, as
amended, in accordance with rules adopted under section 5101.141
of the Revised Code;
(15) In addition to administering Title IV-E adoption
assistance funds, enter into agreements to make adoption
assistance payments under section 5153.163 of the Revised Code;
(16) Implement a system of safety and risk assessment, in
accordance with rules adopted by the director of job and family
services, to assist the public children services agency in
determining the risk of abuse or neglect to a child;
(17) Enter into a plan of cooperation with the board of
county commissioners under section 307.983 of the Revised Code and
comply with each fiscal agreement the board enters into under
section 307.98 of the Revised Code that include family services
duties of public children services agencies and contracts the
board enters into under sections 307.981 and 307.982 of the
Revised Code that affect the public children services agency;
(18) Make reasonable efforts to prevent the removal of an
alleged or adjudicated abused, neglected, or dependent child from
the child's home, eliminate the continued removal of the child
from the child's home, or make it possible for the child to return
home safely, except that reasonable efforts of that nature are not
required when a court has made a determination under division
(A)(2) of section 2151.419 of the Revised Code;
(19) Make reasonable efforts to place the child in a timely
manner in accordance with the permanency plan approved under
division (E) of section 2151.417 of the Revised Code and to
complete whatever steps are necessary to finalize the permanent
placement of the child;
(20) Administer a Title IV-A program identified under
division (A)(4)(c) or (f) of section 5101.80 of the Revised Code
that the department of job and family services provides for the
public children services agency to administer under the
department's supervision pursuant to section 5101.801 of the
Revised Code;
(21) Administer the kinship permanency incentive program
created under section 5101.802 of the Revised Code under the
supervision of the director of job and family services;
(22) Provide independent living services pursuant to sections
2151.81 to 2151.84 of the Revised Code;
(23) File a missing child report with a local law enforcement
agency upon becoming aware that a child in the custody of the
public children services agency is or may be missing.
(B) The public children services agency shall use the system
implemented pursuant to division (A)(16) of this section in
connection with an investigation undertaken pursuant to division
(F)(1) of section 2151.421 of the Revised Code to assess both of
the following:
(1) The ongoing safety of the child;
(2) The appropriateness of the intensity and duration of the
services provided to meet child and family needs throughout the
duration of a case.
(C) Except as provided in section 2151.422 of the Revised
Code, in accordance with rules of the director of job and family
services, and on behalf of children in the county whom the public
children services agency considers to be in need of public care or
protective services, the public children services agency may do
the following:
(1) Provide or find, with other child serving systems,
specialized foster care for the care of children in a specialized
foster home, as defined in section 5103.02 of the Revised Code,
certified under section 5103.03 of the Revised Code;
(2)(a) Except as limited by divisions (C)(2)(b) and (c) of
this section, contract with the following for the purpose of
assisting the agency with its duties:
(i) County departments of job and family services;
(ii) Boards of alcohol, drug addiction, and mental health
services;
(iii) County boards of developmental disabilities;
(iv) Regional councils of political subdivisions established
under Chapter 167. of the Revised Code;
(v) Private and government providers of services;
(vi) Managed care organizations and prepaid health plans.
(b) A public children services agency contract under division
(C)(2)(a) of this section regarding the agency's duties under
section 2151.421 of the Revised Code may not provide for the
entity under contract with the agency to perform any service not
authorized by the department's rules.
(c) Only a county children services board appointed under
section 5153.03 of the Revised Code that is a public children
services agency may contract under division (C)(2)(a) of this
section. If an entity specified in division (B) or (C) of section
5153.02 of the Revised Code is the public children services agency
for a county, the board of county commissioners may enter into
contracts pursuant to section 307.982 of the Revised Code
regarding the agency's duties.
Sec. 5153.161. (A) As used in this section, "qualified
nonrelative" means a nonrelative adult whom a child or the current
custodial caretaker of a child identifies as having a familiar and
longstanding relationship or bond with the child or the child's
family that will ensure the child's social and cultural ties.
(B) Care provided by the public children services agency
under division (A)(4) of section 5153.16 of the Revised Code shall
be provided by the agency, by its own means or through other
available resources, in the child's own home, in the home of a
relative or qualified nonrelative, or in a certified foster home,
any other home approved by the court, receiving home, school,
hospital, convalescent home, or other public or private
institution within or outside the county or state.
Section 2. That existing sections 2151.33, 3107.062,
3107.063, 3109.53, 3109.59, 3109.60, 3109.66, 3109.70, 3109.71,
3109.72, 3310.41, 5153.16, and 5153.161 and sections
3109.76 and
3109.77 of the Revised Code are hereby repealed.
Section 3. (A) The Department of Job and Family Services
shall develop recommendations for implementation of a subsidized
relative guardianship program in accordance with 42 U.S.C. Section
671(a)(28). In developing the recommendations, the Department
shall consult with representatives of the Ohio Kinship Caregiver
Advisory Council and county public children services agencies. The
recommendations shall address required legislative authority,
state and local cost implications, and activities necessary for
implementation of the program.
(B) The Department shall submit to the Governor, the Speaker
of the House of Representatives, and the President of the Senate a
brief preliminary status report of its work under division (A) of
this section not later than December 31, 2013, and a final report,
including a work plan, not later than twelve months after the
effective date of this act.
Section 4. Notwithstanding any provision of the Revised Code
to the contrary, individuals that provide services to a child
under the autism scholarship program shall not be required to
comply with the requirements of section 3310.43 of the Revised
Code as enacted by this act until twelve months after the
effective date of this section.
Section 5. If a parent of a qualified special education
child received payment for a provider's services under the Autism
Scholarship Program, under section 3310.41 of the Revised Code,
during the 2011-2012 school year but did not receive payment for
services provided by the same provider between July 1, 2012, and
the effective date of this section, the Department of Education
shall, within thirty days after receiving a written request from
the parent, make a payment to the parent to account for services
provided during that period by that provider. These payments shall
be made in accordance with the allocation procedures agreed upon
by the parents prior to the 2012-2013 school year, as filed with
the Department. A parent's written request shall be submitted to
the Department not later than sixty days after the effective date
of this section and shall include a description of all services
for which the parent wishes to receive payment and the amount paid
or owed by the parent for those services.
Section 6. Sections 2151.33, 3107.062, 3107.063, 3109.53,
3109.59, 3109.60, 3109.66, 3109.70, 3109.71, 3109.72, 5153.16, and
5153.161 of the Revised Code, as amended by this act, and new
section 3109.76 and section 2151.411 of the Revised Code, as
enacted by this act, and the repeal of sections 3109.76 and
3109.77 of the Revised Code by this act, shall take effect ninety
days after the effective date of this act.
Section 7. This act is hereby declared to be an emergency
measure necessary for the immediate preservation of the public
peace, health, and safety. The reason for such necessity is to
facilitate timely certification of instructional aides to provide
services to children with special needs, including those on the
autism spectrum. Therefore, this act shall go into immediate
effect.
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