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As Introduced
136th
General Assembly
Regular
Session
S. B. No. 58
2025-2026
Senators Craig, Reynolds
Cosponsors: Senators Weinstein,
Ingram, DeMora, Smith
A
BILL
To
amend sections 3109.51, 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, 3310.51, 3313.64, 3313.649, and 3313.672 of the Revised Code
to
expand who is eligible to execute a grandparent power of attorney or
a caretaker authorization affidavit.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section
1.
That
sections 3109.51, 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, 3310.51, 3313.64, 3313.649, and 3313.672 of the Revised Code
be amended to read as follows:
Sec.
3109.51.
As
used in sections 3109.52 to 3109.80 of the Revised Code:
(A)
"Caretaker"
means any of the following who is eighteen years of age or older, is
caring for a child in place of the child's parents, and does not have
legal custody or guardianship of the child:
(1)
Any of the following relatives by blood, adoption, or marriage: the
child's stepparent, grandparent, stepgrandparent, uncle, aunt,
sibling, stepsibling, half sibling, nephew, niece, first cousin, or
any relative denoted by the prefix "grand" or "great";
(2)
A nonrelative adult who has a relationship or bond with the child or
the child's family.
(B)
"Child"
means a person under eighteen years of age.
(B)
(C)
"Custodian"
means an individual with legal custody of a child.
(C)
(D)
"Guardian" means an individual granted authority by a
probate court pursuant to Chapter 2111. of the Revised Code to
exercise parental rights over a child to the extent provided in the
court's order and subject to the residual parental rights,
privileges, and responsibilities of the child's parents.
(D)
(E)
"Legal custody" and "residual parental rights,
privileges, and responsibilities" have the same meanings as in
section 2151.011 of the Revised Code.
Sec.
3109.52.
The
parent, guardian, or custodian of a child may create a power of
attorney that grants to a
grandparent
caretaker
of
the child 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
caretaker
,
__________, 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.
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) I revoke this POWER OF ATTORNEY in
writing and give notice of the revocation to the
grandparent
caretaker
designated
as attorney in fact and the juvenile court with which this POWER OF
ATTORNEY was filed; (2) the child ceases to reside with the
grandparent
caretaker
designated
as attorney in fact; (3) this POWER OF ATTORNEY is terminated by
court order; (4) the death of the child who is the subject of the
power of attorney; or (5) the death of the
grandparent
caretaker
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 _________, _____
_____________________________________
Parent/Custodian/Guardian's
signature
_____________________________________
Parent's
signature
_____________________________________
Grandparent
Caretaker
designated
as attorney in fact
State
of Ohio
)
)
ss:
County
of _______________)
Subscribed,
sworn to, and acknowledged before me this ______ day of _________,
_____________
_____________________________________
Notary
Public
Notices:
1.
A power of attorney may be executed only if one of the following
circumstances exists: (1) The parent, guardian, or custodian of the
child is: (a) Seriously ill, incarcerated, or about to be
incarcerated; (b) Temporarily unable to provide financial support or
parental guidance to the child; (c) Temporarily unable to provide
adequate care and supervision of the child because of the parent's,
guardian's, or custodian's physical or mental condition; (d) Homeless
or without a residence because the current residence is destroyed or
otherwise uninhabitable; or (e) In or about to enter a residential
treatment program for substance abuse; (2) One of the child's parents
is deceased and the other parent, with authority to do so, seeks to
execute a power of attorney; or (3) The parent, guardian, or
custodian has a well-founded belief that the power of attorney is in
the child's best interest.
2.
The signatures of the parent, guardian, or custodian of the child and
the
grandparent
caretaker
designated
as the attorney in fact must be notarized by an Ohio notary public.
3.
A parent, guardian, or custodian who creates a power of attorney must
notify the parent of the child who is not the residential parent and
legal custodian of the child unless one of the following
circumstances applies: (a) the parent is prohibited from receiving a
notice of relocation in accordance with section 3109.051 of the
Revised Code of the creation of the power of attorney; (b) the
parent's parental rights have been terminated by order of a juvenile
court pursuant to Chapter 2151. of the Revised Code; (c) the parent
cannot be located with reasonable efforts; (d) both parents are
executing the power of attorney. The notice must be sent by certified
mail not later than five days after the power of attorney is created
and must state the name and address of the person designated as the
attorney in fact.
4.
A parent, guardian, or custodian who creates a power of attorney must
file it with the juvenile court of the county in which the attorney
in fact resides, or any other court that has jurisdiction over the
child under a previously filed motion or proceeding. The power of
attorney must be filed not later than five days after the date it is
created and be accompanied by a receipt showing that the notice of
creation of the power of attorney was sent to the parent who is not
the residential parent and legal custodian by certified mail.
5.
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.
6.
A person or entity that relies on this power of attorney, in good
faith, has no obligation to make any further inquiry or
investigation.
7.
This power of attorney terminates on the occurrence of whichever of
the following occurs first: (1) 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
caretaker
who
is the attorney in fact and the juvenile court with which the power
of attorney was filed; (2) the child ceases to live with the
grandparent
caretaker
who
is the attorney in fact; (3) the power of attorney is terminated by
court order; (4) the death of the child who is the subject of the
power of attorney; or (5) the death of the
grandparent
caretaker
designated
as the attorney in fact.
If
this power of attorney terminates other than by the death of the
attorney in fact, the
grandparent
caretaker
who
served as the attorney in fact shall notify, in writing, all of the
following:
(a)
Any schools, health care providers, or health insurance coverage
provider with which the child has been involved through the
grandparent
caretaker
;
(b)
Any other person or entity that has an ongoing relationship with the
child or
grandparent
caretaker
such
that the other person or entity would reasonably rely on the power of
attorney unless notified of the termination;
(c)
The court in which the power of attorney was filed after its
creation;
(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
caretaker
shall
make the notifications not later than one week after the date the
power of attorney terminates.
8.
If this power of attorney is terminated by written revocation of the
person who created it, or the revocation is regarding a second or
subsequent power of attorney, a copy of the revocation must be filed
with the court with which that power of attorney was filed.
Additional
information:
To
the
grandparent
caretaker
designated
as attorney in fact:
1.
If the child stops living with you, you are required to notify, in
writing, any school, health care provider, or health care insurance
provider to which you have given this power of attorney. You are also
required to notify, in writing, any other person or entity that has
an ongoing relationship with you or the child such that the person or
entity would reasonably rely on the power of attorney unless
notified. The notification must be made not later than one week after
the child stops living with you.
2.
You must include with the power of attorney the following
information:
(a)
The child's present address, the addresses of the places where the
child has lived within the last five years, and the name and present
address of each person with whom the child has lived during that
period;
(b)
Whether you have participated as a party, a witness, or in any other
capacity in any other litigation, in this state or any other state,
that concerned the allocation, between the parents of the same child,
of parental rights and responsibilities for the care of the child and
the designation of the residential parent and legal custodian of the
child or that otherwise concerned the custody of the same child;
(c)
Whether you have information of any parenting proceeding concerning
the child pending in a court of this or any other state;
(d)
Whether you know of any person who has physical custody of the child
or claims to be a parent of the child who is designated the
residential parent and legal custodian of the child or to have
parenting time rights with respect to the child or to be a person
other than a parent of the child who has custody or visitation rights
with respect to the child;
(e)
Whether you previously have been convicted of or pleaded guilty to
any criminal offense involving any act that resulted in a child'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.
3.
If you receive written notice of revocation of the power of attorney
or the parent, custodian, or guardian removes the child from your
home and if you believe that the revocation or removal is not in the
best interest of the child, you may, within fourteen days, file a
complaint in the juvenile court to seek custody. You may retain
physical custody of the child until the fourteen-day period elapses
or, if you file a complaint, until the court orders otherwise.
To
school officials:
1.
Except as provided in section 3313.649 of the Revised Code, this
power of attorney, properly completed and notarized, authorizes the
child in question to attend school in the district in which the
grandparent
caretaker
designated
as attorney in fact resides and that
grandparent
caretaker
is
authorized to provide consent in all school-related matters and to
obtain from the school district educational and behavioral
information about the child. This power of attorney does not preclude
the parent, guardian, or custodian of the child from having access to
all school records pertinent to the child.
2.
The school district may require additional reasonable evidence that
the
grandparent
caretaker
lives
in the school district.
3.
A school district or school official that reasonably and in good
faith relies on this power of attorney has no obligation to make any
further inquiry or investigation.
To
health care providers:
1.
A person or entity that acts in good faith reliance on a power of
attorney to provide medical, psychological, or dental treatment,
without actual knowledge of facts contrary to those stated in the
power of attorney, is not subject to criminal liability or to civil
liability to any person or entity, and is not subject to professional
disciplinary action, solely for such reliance if the power of
attorney is completed and the signatures of the parent, guardian, or
custodian of the child and the
grandparent
caretaker
designated
as attorney in fact are notarized.
2.
The decision of a
grandparent
caretaker
designated
as attorney in fact, based on a power of attorney, shall be honored
by a health care facility or practitioner, school district, or school
official.
Sec.
3109.54.
A
power of attorney created pursuant to section 3109.52 of the Revised
Code must be signed by the parent, guardian, or custodian granting it
and by the
grandparent
caretaker
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)
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
caretaker
designated
as the attorney in fact and to the juvenile court with which the
power of attorney was filed.
(2)
The child ceases to reside with the
grandparent
caretaker
designated
as the attorney in fact.
(3)
The power of attorney is terminated by court order.
(4)
The death of the child who is the subject of the power of attorney.
(5)
The death of the
grandparent
caretaker
designated
as the attorney in fact.
(B)
Not later than five days after a power of attorney is revoked, a copy
of the revocation of the power of attorney must be filed with the
court with which the power of attorney is filed pursuant to section
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), (2), (3), or (4)
of section 3109.59 of the Revised Code, the
grandparent
caretaker
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
caretaker
such
that the person or entity would reasonably rely on the power of
attorney unless notified of the termination.
The
grandparent
caretaker
shall
make the notifications not later than one week after the date the
power of attorney terminates.
Sec.
3109.65.
(A)
Except as provided in division (B) of this section, if a child is
living with a
grandparent
caretaker
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
caretaker
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
caretaker
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
caretaker
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
caretaker
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
caretaker
.
1.
Name of child:
2.
Child's date and year of birth:
3.
Child's social security number (optional):
4.
My name:
5.
My home address:
6.
My date and year of birth:
7.
My Ohio driver's license number or identification card number:
8.
Despite having made reasonable attempts, I am either:
(a)
Unable to locate or contact the child's parents, or the child's
guardian or custodian; or
(b)
I am unable to locate or contact one of the child's parents and I am
not required to contact the other parent because paternity has not
been established; or
(c)
I am unable to locate or contact one of the child's parents and I am
not required to contact the other parent because there is a custody
order regarding the child and one of the following is the case:
(i)
The parent has been prohibited from receiving notice of a relocation;
or
(ii)
The parental rights of the parent have been terminated.
9.
I hereby certify that this affidavit is not being executed for the
purpose of enrolling the child in a school or school district so that
the child may participate in the academic or interscholastic athletic
programs provided by that school or district.
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
Caretaker
State
of Ohio
)
)
ss:
County
of _______________)
Subscribed,
sworn to, and acknowledged before me this ______ day of _________,
_____________
_____________________________________
Notary
Public
Notices:
1.
The
grandparent's
caretaker's
signature
must be notarized by an Ohio notary public.
2.
The
grandparent
caretaker
who
executed this affidavit must file it with the juvenile court of the
county in which the
grandparent
caretaker
resides
or any other court that has jurisdiction over the child under a
previously filed motion or proceeding not later than five days after
the date it is executed.
3.
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
caretaker
legal
custody of the child.
4.
A person or entity that relies on this affidavit, in good faith, has
no obligation to make any further inquiry or investigation.
5.
This affidavit terminates on the occurrence of whichever of the
following occurs first: (1) the child ceases to live with the
grandparent
caretaker
who
signs this form; (2) the parent, guardian, or custodian of the child
acts to negate, reverse, or otherwise disapprove an action or
decision of the
grandparent
caretaker
who
signed this affidavit, and the
grandparent
caretaker
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; (3) the affidavit is terminated by court order;
(4) the death of the child who is the subject of the affidavit; or
(5) the death of the
grandparent
caretaker
who
executed the affidavit.
A
parent, guardian, or custodian may negate, reverse, or disapprove a
grandparent's
caretaker's
action
or decision only by delivering written notice of negation, reversal,
or disapproval to the
grandparent
caretaker
and
the person acting on the
grandparent's
caretaker's
action
or decision in reliance on this affidavit.
If
this affidavit terminates other than by the death of the
grandparent
caretaker
,
the
grandparent
caretaker
who
signed this affidavit shall notify, in writing, all of the following:
(a)
Any schools, health care providers, or health insurance coverage
provider with which the child has been involved through the
grandparent
caretaker
;
(b)
Any other person or entity that has an ongoing relationship with the
child or
grandparent
caretaker
such
that the person or entity would reasonably rely on the affidavit
unless notified of the termination;
(c)
The court in which the affidavit was filed after its creation.
The
grandparent
caretaker
shall
make the notifications not later than one week after the date the
affidavit terminates.
6.
The decision of a
grandparent
caretaker
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.
Additional
information:
To
caretakers:
1.
If the child stops living with you, you are required to notify, in
writing, any school, health care provider, or health care insurance
provider to which you have given this affidavit. You are also
required to notify, in writing, any other person or entity that has
an ongoing relationship with you or the child such that the person or
entity would reasonably rely on the affidavit unless notified. The
notifications must be made not later than one week after the child
stops living with you.
2.
If you do not have the information requested in item 7 (Ohio driver's
license or identification card), provide another form of
identification such as your social security number or medicaid
number.
3.
You must include with the caretaker authorization affidavit the
following information:
(a)
The child's present address, the addresses of the places where the
child has lived within the last five years, and the name and present
address of each person with whom the child has lived during that
period;
(b)
Whether you have participated as a party, a witness, or in any other
capacity in any other litigation, in this state or any other state,
that concerned the allocation, between the parents of the same child,
of parental rights and responsibilities for the care of the child and
the designation of the residential parent and legal custodian of the
child or that otherwise concerned the custody of the same child;
(c)
Whether you have information of any parenting proceeding concerning
the child pending in a court of this or any other state;
(d)
Whether you know of any person who has physical custody of the child
or claims to be a parent of the child who is designated the
residential parent and legal custodian of the child or to have
parenting time rights with respect to the child or to be a person
other than a parent of the child who has custody or visitation rights
with respect to the child;
(e)
Whether you previously have been convicted of or pleaded guilty to
any criminal offense involving any act that resulted in a child'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.
4.
If the child's parent, guardian, or custodian acts to terminate the
caretaker authorization affidavit by delivering a written notice of
negation, reversal, or disapproval of an action or decision of yours
or removes the child from your home and if you believe that the
termination or removal is not in the best interest of the child, you
may, within fourteen days, file a complaint in the juvenile court to
seek custody. You may retain physical custody of the child until the
fourteen-day period elapses or, if you file a complaint, until the
court orders otherwise.
To
school officials:
1.
This affidavit, properly completed and notarized, authorizes the
child in question to attend school in the district in which the
grandparent
caretaker
who
signed this affidavit resides and the
grandparent
caretaker
is
authorized to provide consent in all school-related matters and to
discuss with the school district the child's educational progress.
This affidavit does not preclude the parent, guardian, or custodian
of the child from having access to all school records pertinent to
the child.
2.
The school district may require additional reasonable evidence that
the
grandparent
caretaker
lives
at the address provided in item 5 of the affidavit.
3.
A school district or school official that reasonably and in good
faith relies on this affidavit has no obligation to make any further
inquiry or investigation.
4.
The act of a parent, guardian, or custodian of the child to negate,
reverse, or otherwise disapprove an action or decision of the
grandparent
caretaker
who
signed this affidavit constitutes termination of this affidavit. A
parent, guardian, or custodian may negate, reverse, or disapprove a
grandparent's
caretaker's
action
or decision only by delivering written notice of negation, reversal,
or disapproval to the
grandparent
caretaker
and
the person acting on the
grandparent's
caretaker's
action
or decision in reliance on this affidavit.
To
health care providers:
1.
A person or entity that acts in good faith reliance on a CARETAKER
AUTHORIZATION AFFIDAVIT to provide medical, psychological, or dental
treatment, without actual knowledge of facts contrary to those stated
in the affidavit, is not subject to criminal liability or to civil
liability to any person or entity, and is not subject to professional
disciplinary action, solely for such reliance if the applicable
portions of the form are completed and the
grandparent's
caretaker's
signature
is notarized.
2.
The decision of a
grandparent
caretaker
,
based on a CARETAKER AUTHORIZATION AFFIDAVIT, shall be honored by a
health care facility or practitioner, school district, or school
official unless the health care facility or practitioner or
educational facility or official has actual knowledge that a parent,
guardian, or custodian of a child has made a contravening decision to
consent to or to refuse medical treatment for the child.
3.
The act of a parent, guardian, or custodian of the child to negate,
reverse, or otherwise disapprove an action or decision of the
grandparent
caretaker
who
signed this affidavit constitutes termination of this affidavit. A
parent, guardian, or custodian may negate, reverse, or disapprove a
grandparent's
caretaker's
action
or decision only by delivering written notice of negation, reversal,
or disapproval to the
grandparent
caretaker
and
the person acting on the
grandparent's
caretaker's
action
or decision in reliance on this affidavit.
Sec.
3109.67.
A
caretaker authorization affidavit described in section 3109.66 of the
Revised Code is executed when the affidavit is completed, signed by a
grandparent
caretaker
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
caretaker
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
caretaker
,
and does not grant authority to the
grandparent
caretaker
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)
The child ceases to reside with the
grandparent
caretaker
.
(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
caretaker
who
signed the affidavit with respect to the child, and the
grandparent
caretaker
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.
(C)
The affidavit is terminated by court order.
(D)
The death of the child who is the subject of the affidavit.
(E)
The death of the
grandparent
caretaker
who
executed the affidavit.
Sec.
3109.71.
When
a caretaker authorization affidavit terminates pursuant to division
(A), (B), (C), or (D) of section 3109.70 of the Revised Code, the
grandparent
caretaker
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
caretaker
such
that the person or entity would reasonably rely on the affidavit
unless notified of the termination. The
grandparent
caretaker
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
caretaker
designated
as attorney in fact or
grandparent
who
executed the affidavit 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
caretaker
designated
as attorney in fact or
the
grandparent
who
executed the
caretaker
authorization
affidavit
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
caretaker
provides information that the
grandparent
caretaker
previously
has been convicted of or pleaded guilty to any criminal offense
involving any act that resulted in a child 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.
(A)
A
grandparent
caretaker
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
caretaker
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
caretaker'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
caretaker
believes
that the revocation or removal is not in the best interest of the
child.
(B)
A
grandparent
caretaker
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
caretaker
or
within fourteen days after removal of the child from the
grandparent's
caretaker'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
caretaker
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
caretaker
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
caretaker
files a complaint, until the court orders otherwise.
Sec.
3310.51.
As
used in sections 3310.51 to 3310.64 of the Revised Code:
(A)
"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 eligible applicant owes fees for the
services provided to the child:
(1)
A school district that is not the school district in which the child
is entitled to attend school or the child's school district of
residence, if different;
(2)
A public entity other than a school district.
(B)
"Child with a disability" and "individualized
education program" have the same meanings as in section 3323.01
of the Revised Code.
(C)
"Eligible applicant" means any of the following:
(1)
Either of the natural or adoptive parents of a qualified special
education child, except as otherwise specified in this division. When
the marriage of the natural or adoptive parents of the student has
been terminated by a divorce, dissolution of marriage, or annulment,
or when the natural or adoptive parents of the student are living
separate and apart under a legal separation decree, and a court has
issued an order allocating the parental rights and responsibilities
with respect to the child, "eligible applicant" means the
residential parent as designated by the court. If the court issues a
shared parenting decree, "eligible applicant" means either
parent. "Eligible applicant" does not mean a parent whose
custodial rights have been terminated.
(2)
The custodian of a qualified special education child, when a court
has granted temporary, legal, or permanent custody of the child to an
individual other than either of the natural or adoptive parents of
the child or to a government agency;
(3)
The guardian of a qualified special education child, when a court has
appointed a guardian for the child;
(4)
The
grandparent
caretaker
of
a qualified special education child, when the
grandparent
caretaker
is
the child's attorney in fact under a power of attorney executed under
sections 3109.51 to 3109.62 of the Revised Code or
when
the grandparent
has
executed a caretaker authorization affidavit under sections 3109.65
to 3109.73 of the Revised Code;
(5)
The surrogate parent appointed for a qualified special education
child pursuant to division (B) of section 3323.05 and section
3323.051 of the Revised Code;
(6)
A qualified special education child, if the child does not have a
custodian or guardian and the child is at least eighteen years of
age.
(D)
"Entitled to attend school" means entitled to attend school
in a school district under sections 3313.64 and 3313.65 of the
Revised Code.
(E)
"Formula ADM" has the same meaning as in section 3317.02 of
the Revised Code.
(F)
"Qualified special education child" is a child for whom all
of the following conditions apply:
(1)
The child is at least five years of age and less than twenty-two
years of age.
(2)
The school district in which the child is entitled to attend school,
or the child's school district of residence if different, has
identified the child as a child with a disability.
(3)
The school district in which the child is entitled to attend school,
or the child's school district of residence if different, has
developed an individualized education program under Chapter 3323. of
the Revised Code for the child.
(4)
The child either:
(a)
Was enrolled in the schools of the school district in which the child
is entitled to attend school in any grade from kindergarten through
twelve in the school year prior to the school year in which a
scholarship is first sought for the child;
(b)
Is eligible to enter school in any grade kindergarten through twelve
in the school district in which the child is entitled to attend
school in the school year in which a scholarship is first sought for
the child.
(5)
The department of education and workforce has not approved a
scholarship for the child under the educational choice scholarship
pilot program, under sections 3310.01 to 3310.17 of the Revised Code,
the autism scholarship program, under section 3310.41 of the Revised
Code, or the pilot project scholarship program, under sections
3313.974 to 3313.979 of the Revised Code for the same school year in
which a scholarship under the Jon Peterson special needs scholarship
program is sought.
(6)
The child and the child's parents are in compliance with the state
compulsory attendance law under Chapter 3321. of the Revised Code.
(G)
"Registered private provider" means a nonpublic school or
other nonpublic entity that has been registered by the superintendent
of public instruction under section 3310.58 of the Revised Code prior
to
the
effective date of this amendment
October
3, 2023,
or
the department of education and workforce on or after that date.
(H)
"Scholarship" means a scholarship awarded under the Jon
Peterson special needs scholarship program pursuant to sections
3310.51 to 3310.64 of the Revised Code.
(I)
"School district of residence" has the same meaning as in
section 3323.01 of the Revised Code. A community school established
under Chapter 3314. of the Revised Code is not a "school
district of residence" for purposes of sections 3310.51 to
3310.64 of the Revised Code.
(J)
"School year" has the same meaning as in section 3313.62 of
the Revised Code.
(K)
"Special education program" means a school or facility that
provides special education and related services to children with
disabilities.
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"
"Parent"
means
the
grandparent designated as
a
child's caretaker when the caretaker is the
attorney
in fact under
the
a
power
of attorney
.
When a child is the subject of a
executed under sections 3109.51 to 3109.62 of the Revised Code or has
executed a
caretaker
authorization affidavit
executed
under
sections
3109.64
3109.65
to
3109.73 of the Revised Code
,
"parent" means the grandparent 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 department of
children and youth 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)
Except as provided in division (B) of section 2151.362 and section
3317.30 of the Revised Code, 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 and workforce 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, a home maintained by the
department of youth services, a detention facility established under
section 2152.41 of the Revised Code, or a juvenile facility
established under section 2151.65 of the Revised Code, and receives
educational services at the home or facility in which the child
resides pursuant to a contract between the home or facility and the
school district providing those services.
If
a child to whom division (C)(4) of this section applies is a special
education student, a district may choose whether to receive a tuition
payment for that child under division (C)(4) of this section or to
receive a payment for that child under section 3323.14 of the Revised
Code. If a district chooses to receive a payment for that child under
section 3323.14 of the Revised Code, it shall not receive a tuition
payment for that child under division (C)(4) of this section.
If
a child to whom division (C)(4) of this section applies is not a
special education student, a district shall receive a tuition payment
for that child under division (C)(4) of this section.
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 and
workforce, 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 department of
education and workforce 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 (E) 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 (C) 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 (C) 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 and
workforce shall pay the district of attendance the difference from
amounts deducted from all districts' payments under division (C) 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 director of education
and workforce 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 director requires.
Upon
receipt of the report the director, pursuant to division (C) 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 director of education and
workforce 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 director 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
caretaker
who
is
the
attorney
in fact under a power of attorney or
the
grandparent that
who
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
caretaker
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
caretaker
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;
(e)
A birth affidavit.
(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)
No public or nonpublic school official shall deny a protected child
admission to the school solely because the child does not present a
birth certificate 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 upon registration for
entry into the school. However, the protected child, or the parent,
custodian, or guardian of that child, shall present a birth
certificate or other document specified in divisions (A)(1)(a) to (e)
of this section to the person in charge of admission of the school
within ninety days after the child's initial entry into the school.
(4)
Except as otherwise provided in division (A)(2) or (3) 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
3109.65
to
3109.73 of the Revised Code that pertains to a child who is in a
public or nonpublic school, the
grandparent
caretaker
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.
(E)
As used in this section:
(1)
"Protected child" means a child placed in a foster home, as
that term is defined in section 5103.02 of the Revised Code, or in a
residential facility.
(2)
"Residential facility" means a group home for children,
children's crisis care facility, children's residential center,
residential parenting facility that provides twenty-four-hour child
care, county children's home, or district children's home.
Section
2.
That
existing sections 3109.51, 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, 3310.51, 3313.64, 3313.649, and 3313.672 of the
Revised Code are hereby repealed.