As Introduced
136th General Assembly
Regular Session S. B. No. 58
2025-2026
Senators Craig, Reynolds
Cosponsors: Senators Weinstein, Ingram, DeMora, Smith
A B I LL
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
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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
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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
grandparentcaretaker, __________, 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
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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
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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
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_____________________________________
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
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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
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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 grandparentcaretaker;
(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
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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;
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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;
(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
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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.
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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
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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
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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
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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 grandparentcaretaker.
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:
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(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:___________________
GrandparentCaretaker
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
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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
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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
grandparentcaretaker, 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 grandparentcaretaker;
(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.
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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
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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
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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 grandparentcaretaker, 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,
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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 grandparentcaretaker, and does not grant authority to the
grandparent caretaker to consent to the marriage or adoption of
the child.
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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) The child ceases to reside with the
grandparentcaretaker.
(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
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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 grandparentcaretaker 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
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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
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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
grandparentcaretaker 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 grandparentcaretaker
files a complaint, until the court orders otherwise.
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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,
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766 S. B. No. 58 Page 28
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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
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As Introduced
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
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As Introduced
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
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As Introduced
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.
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(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
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909 S. B. No. 58 Page 33
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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
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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
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965 S. B. No. 58 Page 35
As Introduced
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
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994 S. B. No. 58 Page 36
As Introduced
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
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1023 S. B. No. 58 Page 37
As Introduced
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
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1053 S. B. No. 58 Page 38
As Introduced
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
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1082 S. B. No. 58 Page 39
As Introduced
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
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1111 S. B. No. 58 Page 40
As Introduced
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.
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1140 S. B. No. 58 Page 41
As Introduced
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
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1171 S. B. No. 58 Page 42
As Introduced
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.
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1201 S. B. No. 58 Page 43
As Introduced
(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.
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1231 S. B. No. 58 Page 44
As Introduced
(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
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1260 S. B. No. 58 Page 45
As Introduced
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
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1289 S. B. No. 58 Page 46
As Introduced
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
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1318 S. B. No. 58 Page 47
As Introduced
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.
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1347 S. B. No. 58 Page 48
As Introduced
(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
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1378 S. B. No. 58 Page 49
As Introduced
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
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1408 S. B. No. 58 Page 50
As Introduced
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 grandparentcaretaker 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 grandparentcaretaker 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
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1437 S. B. No. 58 Page 51
As Introduced
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
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1466 S. B. No. 58 Page 52
As Introduced
(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
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1497 S. B. No. 58 Page 53
As Introduced
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.
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1528 S. B. No. 58 Page 54
As Introduced
(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
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1559 S. B. No. 58 Page 55
As Introduced
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.
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