SB 58

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,  1
  3109.54, 3109.59, 3109.60, 3109.65, 3109.66,  2
  3109.67, 3109.69, 3109.70, 3109.71, 3109.74,  3
  3109.76, 3310.51, 3313.64, 3313.649, and  4
  3313.672 of the Revised Code to expand who is  5
  eligible to execute a grandparent power of  6
  attorney or a caretaker authorization affidavit.  7
 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
     Section 1. That sections 3109.51, 3109.52, 3109.53,  8
3109.54, 3109.59, 3109.60, 3109.65, 3109.66, 3109.67, 3109.69,  9
3109.70, 3109.71, 3109.74, 3109.76, 3310.51, 3313.64, 3313.649,  10
and 3313.672 of the Revised Code be amended to read as follows:  11
     Sec. 3109.51. As used in sections 3109.52 to 3109.80 of  12
the Revised Code:  13
     (A) "Caretaker" means any of the following who is eighteen  14
years of age or older, is caring for a child in place of the  15
child's parents, and does not have legal custody or guardianship  16
of the child:  17
     (1) Any of the following relatives by blood, adoption, or  18
S. B. No. 58  Page 2
As Introduced
marriage: the child's stepparent, grandparent, stepgrandparent,  19
uncle, aunt, sibling, stepsibling, half sibling, nephew, niece,  20
first cousin, or any relative denoted by the prefix "grand" or  21
"great";  22
       (2) A nonrelative adult who has a relationship or bond  23
with the child or the child's family.  24
       (B) "Child" means a person under eighteen years of age.  25
       (B) (C) "Custodian" means an individual with legal custody  26
of a child.  27
       (C)(D) "Guardian" means an individual granted authority by  28
a probate court pursuant to Chapter 2111. of the Revised Code to  29
exercise parental rights over a child to the extent provided in  30
the court's order and subject to the residual parental rights,  31
privileges, and responsibilities of the child's parents.  32
       (D)(E) "Legal custody" and "residual parental rights,  33
privileges, and responsibilities" have the same meanings as in  34
section 2151.011 of the Revised Code.  35
       Sec. 3109.52. The parent, guardian, or custodian of a  36
child may create a power of attorney that grants to a  37
grandparent caretaker of the child with whom the child is  38
residing any of the parent's, guardian's, or custodian's rights  39
and responsibilities regarding the care, physical custody, and  40
control of the child, including the ability to enroll the child  41
in school, to obtain from the school district educational and  42
behavioral information about the child, to consent to all  43
school-related matters regarding the child, and to consent to  44
medical, psychological, or dental treatment for the child. The  45
power of attorney may not grant authority to consent to the  46
marriage or adoption of the child. The power of attorney does  47
S. B. No. 58  Page 3
As Introduced
not affect the rights of the parent, guardian, or custodian of  48
the child in any future proceeding concerning custody of the  49
child or the allocation of parental rights and responsibilities  50
for the care of the child and does not grant legal custody to  51
the attorney in fact.  52
       Sec. 3109.53. To create a power of attorney under section  53
3109.52 of the Revised Code, a parent, guardian, or custodian  54
shall use a form that is identical in form and content to the  55
following:  56
  POWER OF ATTORNEY  57
       I, the undersigned, residing at ___________, in the county  58
of __________, state of __________, hereby appoint the child's  59
grandparentcaretaker, __________, residing at __________, in the  60
county of ___________, in the state of Ohio, with whom the child  61
of whom I am the parent, guardian, or custodian is residing, my  62
attorney in fact to exercise any and all of my rights and  63
responsibilities regarding the care, physical custody, and  64
control of the child, __________, born __________, having social  65
security number (optional) __________, except my authority to  66
consent to marriage or adoption of the child __________, and to  67
perform all acts necessary in the execution of the rights and  68
responsibilities hereby granted, as fully as I might do if  69
personally present. The rights I am transferring under this  70
power of attorney include the ability to enroll the child in  71
school, to obtain from the school district educational and  72
behavioral information about the child, to consent to all  73
school-related matters regarding the child, and to consent to  74
medical, psychological, or dental treatment for the child. This  75
transfer does not affect my rights in any future proceedings  76
concerning the custody of the child or the allocation of the  77
S. B. No. 58  Page 4
As Introduced
parental rights and responsibilities for the care of the child  78
and does not give the attorney in fact legal custody of the  79
child. This transfer does not terminate my right to have regular  80
contact with the child.  81
       I hereby certify that I am transferring the rights and  82
responsibilities designated in this power of attorney because  83
one of the following circumstances exists:  84
       (1) I am: (a) Seriously ill, incarcerated, or about to be  85
incarcerated, (b) Temporarily unable to provide financial  86
support or parental guidance to the child, (c) Temporarily  87
unable to provide adequate care and supervision of the child  88
because of my physical or mental condition, (d) Homeless or  89
without a residence because the current residence is destroyed  90
or otherwise uninhabitable, or (e) In or about to enter a  91
residential treatment program for substance abuse;  92
       (2) I am a parent of the child, the child's other parent  93
is deceased, and I have authority to execute the power of  94
attorney; or  95
       (3) I have a well-founded belief that the power of  96
attorney is in the child's best interest.  97
       I hereby certify that I am not transferring my rights and  98
responsibilities regarding the child for the purpose of  99
enrolling the child in a school or school district so that the  100
child may participate in the academic or interscholastic  101
athletic programs provided by that school or district.  102
       If there is a court order naming me the residential parent  103
and legal custodian of the child who is the subject of this  104
power of attorney and I am the sole parent signing this  105
document, I hereby certify that one of the following is the  106
S. B. No. 58  Page 5
As Introduced
case:  107
        (1) I have made reasonable efforts to locate and provide  108
notice of the creation of this power of attorney to the other  109
parent and have been unable to locate that parent;  110
        (2) The other parent is prohibited from receiving a notice  111
of relocation; or  112
        (3) The parental rights of the other parent have been  113
terminated by order of a juvenile court.  114
        This POWER OF ATTORNEY is valid until the occurrence of  115
whichever of the following events occurs first: (1) I revoke  116
this POWER OF ATTORNEY in writing and give notice of the  117
revocation to the grandparent caretaker designated as attorney  118
in fact and the juvenile court with which this POWER OF ATTORNEY  119
was filed; (2) the child ceases to reside with the grandparent  120
caretaker designated as attorney in fact; (3) this POWER OF  121
ATTORNEY is terminated by court order; (4) the death of the  122
child who is the subject of the power of attorney; or (5) the  123
death of the grandparent caretaker designated as the attorney in  124
fact.  125
        WARNING: DO NOT EXECUTE THIS POWER OF ATTORNEY IF ANY  126
STATEMENT MADE IN THIS INSTRUMENT IS UNTRUE. FALSIFICATION IS A  127
CRIME UNDER SECTION 2921.13 OF THE REVISED CODE, PUNISHABLE BY  128
THE SANCTIONS UNDER CHAPTER 2929. OF THE REVISED CODE, INCLUDING  129
A TERM OF IMPRISONMENT OF UP TO 6 MONTHS, A FINE OF UP TO  130
$1,000, OR BOTH.  131
        Witness my hand this ______ day of _________, _____  132
  _____________________________________  133
  Parent/Custodian/Guardian's signature  134
S. B. No. 58  Page 6
As Introduced
  _____________________________________  135
  Parent's signature  136
  _____________________________________  137
  Grandparent Caretaker designated as  138
attorney in fact  139
State of Ohio  )  140
  ) ss:  141
County of _______________)  142
Subscribed, sworn to, and acknowledged before me this ______ day  143
of _________, _____________  144
  _____________________________________  145
  Notary Public  146
Notices:  147
1. A power of attorney may be executed only if one of the  148
following circumstances exists: (1) The parent, guardian, or  149
custodian of the child is: (a) Seriously ill, incarcerated, or  150
about to be incarcerated; (b) Temporarily unable to provide  151
financial support or parental guidance to the child; (c)  152
Temporarily unable to provide adequate care and supervision of  153
the child because of the parent's, guardian's, or custodian's  154
physical or mental condition; (d) Homeless or without a  155
residence because the current residence is destroyed or  156
otherwise uninhabitable; or (e) In or about to enter a  157
residential treatment program for substance abuse; (2) One of  158
the child's parents is deceased and the other parent, with  159
authority to do so, seeks to execute a power of attorney; or (3)  160
The parent, guardian, or custodian has a well-founded belief  161
S. B. No. 58  Page 7
As Introduced
that the power of attorney is in the child's best interest.  162
2. The signatures of the parent, guardian, or custodian of the  163
child and the grandparent caretaker designated as the attorney  164
in fact must be notarized by an Ohio notary public.  165
3. A parent, guardian, or custodian who creates a power of  166
attorney must notify the parent of the child who is not the  167
residential parent and legal custodian of the child unless one  168
of the following circumstances applies: (a) the parent is  169
prohibited from receiving a notice of relocation in accordance  170
with section 3109.051 of the Revised Code of the creation of the  171
power of attorney; (b) the parent's parental rights have been  172
terminated by order of a juvenile court pursuant to Chapter  173
2151. of the Revised Code; (c) the parent cannot be located with  174
reasonable efforts; (d) both parents are executing the power of  175
attorney. The notice must be sent by certified mail not later  176
than five days after the power of attorney is created and must  177
state the name and address of the person designated as the  178
attorney in fact.  179
4. A parent, guardian, or custodian who creates a power of  180
attorney must file it with the juvenile court of the county in  181
which the attorney in fact resides, or any other court that has  182
jurisdiction over the child under a previously filed motion or  183
proceeding. The power of attorney must be filed not later than  184
five days after the date it is created and be accompanied by a  185
receipt showing that the notice of creation of the power of  186
attorney was sent to the parent who is not the residential  187
parent and legal custodian by certified mail.  188
5. This power of attorney does not affect the rights of the  189
child's parents, guardian, or custodian regarding any future  190
proceedings concerning the custody of the child or the  191
S. B. No. 58  Page 8
As Introduced
allocation of the parental rights and responsibilities for the  192
care of the child and does not give the attorney in fact legal  193
custody of the child.  194
6. A person or entity that relies on this power of attorney, in  195
good faith, has no obligation to make any further inquiry or  196
investigation.  197
7. This power of attorney terminates on the occurrence of  198
whichever of the following occurs first: (1) the power of  199
attorney is revoked in writing by the person who created it and  200
that person gives written notice of the revocation to the  201
grandparent caretaker who is the attorney in fact and the  202
juvenile court with which the power of attorney was filed; (2)  203
the child ceases to live with the grandparent caretaker who is  204
the attorney in fact; (3) the power of attorney is terminated by  205
court order; (4) the death of the child who is the subject of  206
the power of attorney; or (5) the death of the grandparent  207
caretaker designated as the attorney in fact.  208
       If this power of attorney terminates other than by the  209
death of the attorney in fact, the grandparent caretaker who  210
served as the attorney in fact shall notify, in writing, all of  211
the following:  212
       (a) Any schools, health care providers, or health  213
insurance coverage provider with which the child has been  214
involved through the grandparentcaretaker;  215
       (b) Any other person or entity that has an ongoing  216
relationship with the child or grandparent caretaker such that  217
the other person or entity would reasonably rely on the power of  218
attorney unless notified of the termination;  219
       (c) The court in which the power of attorney was filed  220
S. B. No. 58  Page 9
As Introduced
after its creation;  221
       (d) The parent who is not the residential parent and legal  222
custodian of the child who is required to be given notice of its  223
creation. The grandparent caretaker shall make the notifications  224
not later than one week after the date the power of attorney  225
terminates.  226
       8. If this power of attorney is terminated by written  227
revocation of the person who created it, or the revocation is  228
regarding a second or subsequent power of attorney, a copy of  229
the revocation must be filed with the court with which that  230
power of attorney was filed.  231
Additional information:  232
To the grandparent caretaker designated as attorney in fact:  233
1. If the child stops living with you, you are required to  234
notify, in writing, any school, health care provider, or health  235
care insurance provider to which you have given this power of  236
attorney. You are also required to notify, in writing, any other  237
person or entity that has an ongoing relationship with you or  238
the child such that the person or entity would reasonably rely  239
on the power of attorney unless notified. The notification must  240
be made not later than one week after the child stops living  241
with you.  242
2. You must include with the power of attorney the following  243
information:  244
       (a) The child's present address, the addresses of the  245
places where the child has lived within the last five years, and  246
the name and present address of each person with whom the child  247
has lived during that period;  248
S. B. No. 58  Page 10
As Introduced
       (b) Whether you have participated as a party, a witness,  249
or in any other capacity in any other litigation, in this state  250
or any other state, that concerned the allocation, between the  251
parents of the same child, of parental rights and  252
responsibilities for the care of the child and the designation  253
of the residential parent and legal custodian of the child or  254
that otherwise concerned the custody of the same child;  255
       (c) Whether you have information of any parenting  256
proceeding concerning the child pending in a court of this or  257
any other state;  258
       (d) Whether you know of any person who has physical  259
custody of the child or claims to be a parent of the child who  260
is designated the residential parent and legal custodian of the  261
child or to have parenting time rights with respect to the child  262
or to be a person other than a parent of the child who has  263
custody or visitation rights with respect to the child;  264
       (e) Whether you previously have been convicted of or  265
pleaded guilty to any criminal offense involving any act that  266
resulted in a child's being an abused child or a neglected child  267
or previously have been determined, in a case in which a child  268
has been adjudicated an abused child or a neglected child, to be  269
the perpetrator of the abusive or neglectful act that was the  270
basis of the adjudication.  271
3. If you receive written notice of revocation of the power of  272
attorney or the parent, custodian, or guardian removes the child  273
from your home and if you believe that the revocation or removal  274
is not in the best interest of the child, you may, within  275
fourteen days, file a complaint in the juvenile court to seek  276
custody. You may retain physical custody of the child until the  277
fourteen-day period elapses or, if you file a complaint, until  278
S. B. No. 58  Page 11
As Introduced
the court orders otherwise.  279
To school officials:  280
1. Except as provided in section 3313.649 of the Revised Code,  281
this power of attorney, properly completed and notarized,  282
authorizes the child in question to attend school in the  283
district in which the grandparent caretaker designated as  284
attorney in fact resides and that grandparent caretaker is  285
authorized to provide consent in all school-related matters and  286
to obtain from the school district educational and behavioral  287
information about the child. This power of attorney does not  288
preclude the parent, guardian, or custodian of the child from  289
having access to all school records pertinent to the child.  290
2. The school district may require additional reasonable  291
evidence that the grandparent caretaker lives in the school  292
district.  293
3. A school district or school official that reasonably and in  294
good faith relies on this power of attorney has no obligation to  295
make any further inquiry or investigation.  296
To health care providers:  297
1. A person or entity that acts in good faith reliance on a  298
power of attorney to provide medical, psychological, or dental  299
treatment, without actual knowledge of facts contrary to those  300
stated in the power of attorney, is not subject to criminal  301
liability or to civil liability to any person or entity, and is  302
not subject to professional disciplinary action, solely for such  303
reliance if the power of attorney is completed and the  304
signatures of the parent, guardian, or custodian of the child  305
and the grandparent caretaker designated as attorney in fact are  306
notarized.  307
S. B. No. 58  Page 12
As Introduced
2. The decision of a grandparent caretaker designated as  308
attorney in fact, based on a power of attorney, shall be honored  309
by a health care facility or practitioner, school district, or  310
school official.  311
       Sec. 3109.54. A power of attorney created pursuant to  312
section 3109.52 of the Revised Code must be signed by the  313
parent, guardian, or custodian granting it and by the  314
grandparent caretaker designated as the attorney in fact. For  315
the power of attorney to be effective, the signatures must be  316
notarized. The child's social security number need not appear on  317
the power of attorney for the power of attorney to be effective.  318
       Sec. 3109.59. (A) A power of attorney created under  319
section 3109.52 of the Revised Code terminates on the occurrence  320
of whichever of the following events occurs first:  321
       (1) The power of attorney is revoked in writing by the  322
person who created it, and that person gives written notice of  323
the revocation to the grandparent caretaker designated as the  324
attorney in fact and to the juvenile court with which the power  325
of attorney was filed.  326
       (2) The child ceases to reside with the grandparent  327
caretaker designated as the attorney in fact.  328
       (3) The power of attorney is terminated by court order.  329
       (4) The death of the child who is the subject of the power  330
of attorney.  331
       (5) The death of the grandparent caretaker designated as  332
the attorney in fact.  333
       (B) Not later than five days after a power of attorney is  334
revoked, a copy of the revocation of the power of attorney must  335
S. B. No. 58  Page 13
As Introduced
be filed with the court with which the power of attorney is  336
filed pursuant to section 3109.74 of the Revised Code.  337
       Sec. 3109.60. When a power of attorney created pursuant to  338
section 3109.52 of the Revised Code terminates pursuant to  339
division (A)(1), (2), (3), or (4) of section 3109.59 of the  340
Revised Code, the grandparent caretaker designated as the  341
attorney in fact shall notify, in writing, all of the following:  342
       (A) The school district in which the child attends school;  343
       (B) The child's health care providers;  344
       (C) The child's health insurance coverage provider;  345
       (D) The court in which the power of attorney was filed  346
under section 3109.74 of the Revised Code;  347
       (E) The parent who is not the residential parent and legal  348
custodian and who is required to be given notice under section  349
3109.55 of the Revised Code;  350
       (F) Any other person or entity that has an ongoing  351
relationship with the child or grandparent caretaker such that  352
the person or entity would reasonably rely on the power of  353
attorney unless notified of the termination.  354
       The grandparent caretaker shall make the notifications not  355
later than one week after the date the power of attorney  356
terminates.  357
       Sec. 3109.65. (A) Except as provided in division (B) of  358
this section, if a child is living with a grandparent caretaker  359
who has made reasonable attempts to locate and contact both of  360
the child's parents, or the child's guardian or custodian, but  361
has been unable to do so, the grandparent caretaker may obtain  362
authority to exercise care, physical custody, and control of the  363
S. B. No. 58  Page 14
As Introduced
child including authority to enroll the child in school, to  364
discuss with the school district the child's educational  365
progress, to consent to all school-related matters regarding the  366
child, and to consent to medical, psychological, or dental  367
treatment for the child by executing a caretaker authorization  368
affidavit in accordance with section 3109.67 of the Revised  369
Code.  370
        (B) The grandparent caretaker may execute a caretaker  371
authorization affidavit without attempting to locate the  372
following parent:  373
        (1) If paternity has not been established with regard to  374
the child, the child's father.  375
        (2) If the child is the subject of a custody order, the  376
following parent:  377
        (a) A parent who is prohibited from receiving a notice of  378
relocation in accordance with section 3109.051 of the Revised  379
Code;  380
        (b) A parent whose parental rights have been terminated by  381
order of a juvenile court pursuant to Chapter 2151. of the  382
Revised Code.  383
        Sec. 3109.66. The caretaker authorization affidavit that a  384
grandparent caretaker described in section 3109.65 of the  385
Revised Code may execute shall be identical in form and content  386
to the following:  387
  CARETAKER AUTHORIZATION AFFIDAVIT  388
Use of this affidavit is authorized by sections 3109.65 to  389
3109.73 of the Ohio Revised Code.  390
Completion of items 1-7 and the signing and notarization of this  391
S. B. No. 58  Page 15
As Introduced
affidavit is sufficient to authorize the grandparent caretaker  392
signing to exercise care, physical custody, and control of the  393
child who is its subject, including authority to enroll the  394
child in school, to discuss with the school district the child's  395
educational progress, to consent to all school-related matters  396
regarding the child, and to consent to medical, psychological,  397
or dental treatment for the child.  398
The child named below lives in my home, I am 18 years of age or  399
older, and I am the child's grandparentcaretaker.  400
1. Name of child:  401
2. Child's date and year of birth:  402
3. Child's social security number (optional):  403
4. My name:  404
5. My home address:  405
6. My date and year of birth:  406
7. My Ohio driver's license number or identification card  407
number:  408
8. Despite having made reasonable attempts, I am either:  409
       (a) Unable to locate or contact the child's parents, or  410
the child's guardian or custodian; or  411
       (b) I am unable to locate or contact one of the child's  412
parents and I am not required to contact the other parent  413
because paternity has not been established; or  414
       (c) I am unable to locate or contact one of the child's  415
parents and I am not required to contact the other parent  416
because there is a custody order regarding the child and one of  417
the following is the case:  418
S. B. No. 58  Page 16
As Introduced
       (i) The parent has been prohibited from receiving notice  419
of a relocation; or  420
       (ii) The parental rights of the parent have been  421
terminated.  422
9. I hereby certify that this affidavit is not being executed  423
for the purpose of enrolling the child in a school or school  424
district so that the child may participate in the academic or  425
interscholastic athletic programs provided by that school or  426
district.  427
WARNING: DO NOT SIGN THIS FORM IF ANY OF THE ABOVE STATEMENTS  428
ARE INCORRECT. FALSIFICATION IS A CRIME UNDER SECTION 2921.13 OF  429
THE REVISED CODE, PUNISHABLE BY THE SANCTIONS UNDER CHAPTER  430
2929. OF THE REVISED CODE, INCLUDING A TERM OF IMPRISONMENT OF  431
UP TO 6 MONTHS, A FINE OF UP TO $1,000, OR BOTH.  432
I declare that the foregoing is true and correct:  433
Signed:__________________________Date:___________________  434
GrandparentCaretaker  435
State of Ohio  )  436
  ) ss:  437
County of _______________)  438
Subscribed, sworn to, and acknowledged before me this ______ day  439
of _________, _____________  440
  _____________________________________  441
  Notary Public  442
Notices:  443
1. The grandparent's caretaker's signature must be notarized by  444
S. B. No. 58  Page 17
As Introduced
an Ohio notary public.  445
2. The grandparent caretaker who executed this affidavit must  446
file it with the juvenile court of the county in which the  447
grandparent caretaker resides or any other court that has  448
jurisdiction over the child under a previously filed motion or  449
proceeding not later than five days after the date it is  450
executed.  451
3. This affidavit does not affect the rights of the child's  452
parents, guardian, or custodian regarding the care, physical  453
custody, and control of the child, and does not give the  454
grandparent caretaker legal custody of the child.  455
4. A person or entity that relies on this affidavit, in good  456
faith, has no obligation to make any further inquiry or  457
investigation.  458
5. This affidavit terminates on the occurrence of whichever of  459
the following occurs first: (1) the child ceases to live with  460
the grandparent caretaker who signs this form; (2) the parent,  461
guardian, or custodian of the child acts to negate, reverse, or  462
otherwise disapprove an action or decision of the grandparent  463
caretaker who signed this affidavit, and the grandparent  464
caretaker either voluntarily returns the child to the physical  465
custody of the parent, guardian, or custodian or fails to file a  466
complaint to seek custody within fourteen days; (3) the  467
affidavit is terminated by court order; (4) the death of the  468
child who is the subject of the affidavit; or (5) the death of  469
the grandparent caretaker who executed the affidavit.  470
A parent, guardian, or custodian may negate, reverse, or  471
disapprove a grandparent's caretaker's action or decision only  472
by delivering written notice of negation, reversal, or  473
S. B. No. 58  Page 18
As Introduced
disapproval to the grandparent caretaker and the person acting  474
on the grandparent's caretaker's action or decision in reliance  475
on this affidavit.  476
If this affidavit terminates other than by the death of the  477
grandparentcaretaker, the grandparent caretaker who signed this  478
affidavit shall notify, in writing, all of the following:  479
       (a) Any schools, health care providers, or health  480
insurance coverage provider with which the child has been  481
involved through the grandparentcaretaker;  482
       (b) Any other person or entity that has an ongoing  483
relationship with the child or grandparent caretaker such that  484
the person or entity would reasonably rely on the affidavit  485
unless notified of the termination;  486
       (c) The court in which the affidavit was filed after its  487
creation.  488
       The grandparent caretaker shall make the notifications not  489
later than one week after the date the affidavit terminates.  490
6. The decision of a grandparent caretaker to consent to or to  491
refuse medical treatment or school enrollment for a child is  492
superseded by a contrary decision of a parent, custodian, or  493
guardian of the child, unless the decision of the parent,  494
guardian, or custodian would jeopardize the life, health, or  495
safety of the child.  496
Additional information:  497
To caretakers:  498
1. If the child stops living with you, you are required to  499
notify, in writing, any school, health care provider, or health  500
care insurance provider to which you have given this affidavit.  501
S. B. No. 58  Page 19
As Introduced
You are also required to notify, in writing, any other person or  502
entity that has an ongoing relationship with you or the child  503
such that the person or entity would reasonably rely on the  504
affidavit unless notified. The notifications must be made not  505
later than one week after the child stops living with you.  506
2. If you do not have the information requested in item 7 (Ohio  507
driver's license or identification card), provide another form  508
of identification such as your social security number or  509
medicaid number.  510
3. You must include with the caretaker authorization affidavit  511
the following information:  512
       (a) The child's present address, the addresses of the  513
places where the child has lived within the last five years, and  514
the name and present address of each person with whom the child  515
has lived during that period;  516
       (b) Whether you have participated as a party, a witness,  517
or in any other capacity in any other litigation, in this state  518
or any other state, that concerned the allocation, between the  519
parents of the same child, of parental rights and  520
responsibilities for the care of the child and the designation  521
of the residential parent and legal custodian of the child or  522
that otherwise concerned the custody of the same child;  523
       (c) Whether you have information of any parenting  524
proceeding concerning the child pending in a court of this or  525
any other state;  526
       (d) Whether you know of any person who has physical  527
custody of the child or claims to be a parent of the child who  528
is designated the residential parent and legal custodian of the  529
child or to have parenting time rights with respect to the child  530
S. B. No. 58  Page 20
As Introduced
or to be a person other than a parent of the child who has  531
custody or visitation rights with respect to the child;  532
       (e) Whether you previously have been convicted of or  533
pleaded guilty to any criminal offense involving any act that  534
resulted in a child's being an abused child or a neglected child  535
or previously have been determined, in a case in which a child  536
has been adjudicated an abused child or a neglected child, to be  537
the perpetrator of the abusive or neglectful act that was the  538
basis of the adjudication.  539
4. If the child's parent, guardian, or custodian acts to  540
terminate the caretaker authorization affidavit by delivering a  541
written notice of negation, reversal, or disapproval of an  542
action or decision of yours or removes the child from your home  543
and if you believe that the termination or removal is not in the  544
best interest of the child, you may, within fourteen days, file  545
a complaint in the juvenile court to seek custody. You may  546
retain physical custody of the child until the fourteen-day  547
period elapses or, if you file a complaint, until the court  548
orders otherwise.  549
To school officials:  550
1. This affidavit, properly completed and notarized, authorizes  551
the child in question to attend school in the district in which  552
the grandparent caretaker who signed this affidavit resides and  553
the grandparent caretaker is authorized to provide consent in  554
all school-related matters and to discuss with the school  555
district the child's educational progress. This affidavit does  556
not preclude the parent, guardian, or custodian of the child  557
from having access to all school records pertinent to the child.  558
2. The school district may require additional reasonable  559
S. B. No. 58  Page 21
As Introduced
evidence that the grandparent caretaker lives at the address  560
provided in item 5 of the affidavit.  561
3. A school district or school official that reasonably and in  562
good faith relies on this affidavit has no obligation to make  563
any further inquiry or investigation.  564
4. The act of a parent, guardian, or custodian of the child to  565
negate, reverse, or otherwise disapprove an action or decision  566
of the grandparent caretaker who signed this affidavit  567
constitutes termination of this affidavit. A parent, guardian,  568
or custodian may negate, reverse, or disapprove a grandparent's  569
caretaker's action or decision only by delivering written notice  570
of negation, reversal, or disapproval to the grandparent  571
caretaker and the person acting on the grandparent's caretaker's  572
action or decision in reliance on this affidavit.  573
To health care providers:  574
1. A person or entity that acts in good faith reliance on a  575
CARETAKER AUTHORIZATION AFFIDAVIT to provide medical,  576
psychological, or dental treatment, without actual knowledge of  577
facts contrary to those stated in the affidavit, is not subject  578
to criminal liability or to civil liability to any person or  579
entity, and is not subject to professional disciplinary action,  580
solely for such reliance if the applicable portions of the form  581
are completed and the grandparent's caretaker's signature is  582
notarized.  583
2. The decision of a grandparentcaretaker, based on a CARETAKER  584
AUTHORIZATION AFFIDAVIT, shall be honored by a health care  585
facility or practitioner, school district, or school official  586
unless the health care facility or practitioner or educational  587
facility or official has actual knowledge that a parent,  588
S. B. No. 58  Page 22
As Introduced
guardian, or custodian of a child has made a contravening  589
decision to consent to or to refuse medical treatment for the  590
child.  591
3. The act of a parent, guardian, or custodian of the child to  592
negate, reverse, or otherwise disapprove an action or decision  593
of the grandparent caretaker who signed this affidavit  594
constitutes termination of this affidavit. A parent, guardian,  595
or custodian may negate, reverse, or disapprove a grandparent's  596
caretaker's action or decision only by delivering written notice  597
of negation, reversal, or disapproval to the grandparent  598
caretaker and the person acting on the grandparent's caretaker's  599
action or decision in reliance on this affidavit.  600
       Sec. 3109.67. A caretaker authorization affidavit  601
described in section 3109.66 of the Revised Code is executed  602
when the affidavit is completed, signed by a grandparent  603
caretaker described in section 3109.65 of the Revised Code, and  604
notarized.  605
       Sec. 3109.69. Once a caretaker authorization affidavit has  606
been executed under section 3109.67 of the Revised Code, the  607
grandparent caretaker may exercise care, physical custody, and  608
control of the child, including enrolling the child in school,  609
discussing with the school district the child's educational  610
progress, consenting to all school-related matters regarding the  611
child, and consenting to medical, psychological, or dental  612
treatment for the child. The affidavit does not affect the  613
rights and responsibilities of the parent, guardian, or  614
custodian regarding the child, does not grant legal custody to  615
the grandparentcaretaker, and does not grant authority to the  616
grandparent caretaker to consent to the marriage or adoption of  617
the child.  618
S. B. No. 58  Page 23
As Introduced
       Sec. 3109.70. An executed caretaker authorization  619
affidavit shall terminate on the occurrence of whichever of the  620
following comes first:  621
       (A) The child ceases to reside with the  622
grandparentcaretaker.  623
       (B) The parent, guardian, or custodian of the child who is  624
the subject of the affidavit acts, in accordance with section  625
3109.72 of the Revised Code, to negate, reverse, or otherwise  626
disapprove an action or decision of the grandparent caretaker  627
who signed the affidavit with respect to the child, and the  628
grandparent caretaker either voluntarily returns the child to  629
the physical custody of the parent, guardian, or custodian or  630
fails to file a complaint to seek custody within fourteen days  631
after the delivery of written notice of negation, reversal, or  632
other disapproval.  633
       (C) The affidavit is terminated by court order.  634
       (D) The death of the child who is the subject of the  635
affidavit.  636
       (E) The death of the grandparent caretaker who executed  637
the affidavit.  638
       Sec. 3109.71. When a caretaker authorization affidavit  639
terminates pursuant to division (A), (B), (C), or (D) of section  640
3109.70 of the Revised Code, the grandparent caretaker shall  641
notify, in writing, the school district in which the child  642
attends school, the child's health care providers, the child's  643
health insurance coverage provider, the court in which the  644
affidavit was filed under section 3109.74 of the Revised Code,  645
and any other person or entity that has an ongoing relationship  646
with the child or grandparent caretaker such that the person or  647
S. B. No. 58  Page 24
As Introduced
entity would reasonably rely on the affidavit unless notified of  648
the termination. The grandparent caretaker shall make the  649
notifications not later than one week after the date the  650
affidavit terminates.  651
       Sec. 3109.74. (A) A person who creates a power of attorney  652
under section 3109.52 of the Revised Code or executes a  653
caretaker authorization affidavit under section 3109.67 of the  654
Revised Code shall file the power of attorney or affidavit with  655
the juvenile court of the county in which the grandparent  656
caretaker designated as attorney in fact or grandparent who  657
executed the affidavit resides or any other court that has  658
jurisdiction over the child under a previously filed motion or  659
proceeding. The power of attorney or affidavit shall be filed  660
not later than five days after the date it is created or  661
executed and may be sent to the court by certified mail.  662
       (B) A power of attorney filed under this section shall be  663
accompanied by a receipt showing that the notice of creation of  664
the power of attorney was sent to the parent who is not the  665
residential parent and legal custodian by certified mail under  666
section 3109.55 of the Revised Code.  667
       (C)(1) The grandparent caretaker designated as attorney in  668
fact or the grandparent who executed the caretaker authorization  669
affidavit shall include with the power of attorney or the  670
caretaker authorization affidavit the information described in  671
section 3109.27 of the Revised Code.  672
       (2) If the grandparentcaretaker provides information that  673
the grandparent caretaker previously has been convicted of or  674
pleaded guilty to any criminal offense involving any act that  675
resulted in a child being an abused child or a neglected child  676
or previously has been determined, in a case in which a child  677
S. B. No. 58  Page 25
As Introduced
has been adjudicated an abused child or a neglected child, to be  678
the perpetrator of the abusive or neglectful act that was the  679
basis of the adjudication, the court may report that information  680
to the public children services agency pursuant to section  681
2151.421 of the Revised Code. Upon the receipt of that  682
information, the public children services agency shall initiate  683
an investigation pursuant to section 2151.421 of the Revised  684
Code.  685
        (3) If the court has reason to believe that a power of  686
attorney or caretaker authorization affidavit is not in the best  687
interest of the child, the court may report that information to  688
the public children services agency pursuant to section 2151.421  689
of the Revised Code. Upon receipt of that information, the  690
public children services agency shall initiate an investigation  691
pursuant to section 2151.421 of the Revised Code. The public  692
children services agency shall submit a report of its  693
investigation to the court not later than thirty days after the  694
court reports the information to the public children services  695
agency or not later than forty-five days after the court reports  696
the information to the public children services agency when  697
information that is needed to determine the case disposition  698
cannot be compiled within thirty days and the reasons are  699
documented in the case record.  700
        (D) The court shall waive any filing fee imposed for the  701
filing of the power of attorney or caretaker authorization  702
affidavit.  703
        Sec. 3109.76. (A) A grandparent caretaker who has physical  704
custody of a child under a power of attorney, within fourteen  705
days after the child's parent, guardian, or custodian gives  706
written notice of revocation of the power of attorney to the  707
S. B. No. 58  Page 26
As Introduced
grandparent caretaker and files a written notice of revocation  708
of the power of attorney with the juvenile court or within  709
fourteen days after removal of the child from the grandparent's  710
caretaker's home, may file a complaint under division (A)(2) of  711
section 2151.23 or division (D) of section 2151.27 of the  712
Revised Code seeking a determination of custody if the  713
grandparent caretaker believes that the revocation or removal is  714
not in the best interest of the child.  715
       (B) A grandparent caretaker who has physical custody of a  716
child under a caretaker authorization affidavit, within fourteen  717
days after a parent, guardian, or custodian terminates the  718
affidavit by delivering a written notice of negation, reversal,  719
or disapproval of an action or decision of the grandparent  720
caretaker or within fourteen days after removal of the child  721
from the grandparent's caretaker's home, may file a complaint  722
under division (A)(2) of section 2151.23 or division (D) of  723
section 2151.27 of the Revised Code seeking a determination of  724
custody if the grandparent caretaker believes that the  725
termination or removal is not in the best interest of the child.  726
       (C) Pending a hearing and decision on a complaint filed  727
under division (A) or (B) of this section, the juvenile court,  728
in accordance with section 2151.33 of the Revised Code, may make  729
any temporary disposition of any child that it considers  730
necessary to protect the best interest of the child.  731
       (D) If a parent, guardian, or custodian revokes a power of  732
attorney or terminates a caretaker authorization affidavit, the  733
grandparentcaretaker may retain custody of the child until the  734
fourteen-day period for filing a complaint under division (A) or  735
(B) of this section has expired or, if the grandparentcaretaker  736
files a complaint, until the court orders otherwise.  737
S. B. No. 58  Page 27
As Introduced
       Sec. 3310.51. As used in sections 3310.51 to 3310.64 of  738
the Revised Code:  739
       (A) "Alternative public provider" means either of the  740
following providers that agrees to enroll a child in the  741
provider's special education program to implement the child's  742
individualized education program and to which the eligible  743
applicant owes fees for the services provided to the child:  744
       (1) A school district that is not the school district in  745
which the child is entitled to attend school or the child's  746
school district of residence, if different;  747
       (2) A public entity other than a school district.  748
       (B) "Child with a disability" and "individualized  749
education program" have the same meanings as in section 3323.01  750
of the Revised Code.  751
       (C) "Eligible applicant" means any of the following:  752
       (1) Either of the natural or adoptive parents of a  753
qualified special education child, except as otherwise specified  754
in this division. When the marriage of the natural or adoptive  755
parents of the student has been terminated by a divorce,  756
dissolution of marriage, or annulment, or when the natural or  757
adoptive parents of the student are living separate and apart  758
under a legal separation decree, and a court has issued an order  759
allocating the parental rights and responsibilities with respect  760
to the child, "eligible applicant" means the residential parent  761
as designated by the court. If the court issues a shared  762
parenting decree, "eligible applicant" means either parent.  763
"Eligible applicant" does not mean a parent whose custodial  764
rights have been terminated.  765
       (2) The custodian of a qualified special education child,  766
S. B. No. 58  Page 28
As Introduced
when a court has granted temporary, legal, or permanent custody  767
of the child to an individual other than either of the natural  768
or adoptive parents of the child or to a government agency;  769
       (3) The guardian of a qualified special education child,  770
when a court has appointed a guardian for the child;  771
       (4) The grandparent caretaker of a qualified special  772
education child, when the grandparent caretaker is the child's  773
attorney in fact under a power of attorney executed under  774
sections 3109.51 to 3109.62 of the Revised Code or when the  775
grandparent has executed a caretaker authorization affidavit  776
under sections 3109.65 to 3109.73 of the Revised Code;  777
       (5) The surrogate parent appointed for a qualified special  778
education child pursuant to division (B) of section 3323.05 and  779
section 3323.051 of the Revised Code;  780
       (6) A qualified special education child, if the child does  781
not have a custodian or guardian and the child is at least  782
eighteen years of age.  783
       (D) "Entitled to attend school" means entitled to attend  784
school in a school district under sections 3313.64 and 3313.65  785
of the Revised Code.  786
       (E) "Formula ADM" has the same meaning as in section  787
3317.02 of the Revised Code.  788
       (F) "Qualified special education child" is a child for  789
whom all of the following conditions apply:  790
       (1) The child is at least five years of age and less than  791
twenty-two years of age.  792
       (2) The school district in which the child is entitled to  793
attend school, or the child's school district of residence if  794
S. B. No. 58  Page 29
As Introduced
different, has identified the child as a child with a  795
disability.  796
       (3) The school district in which the child is entitled to  797
attend school, or the child's school district of residence if  798
different, has developed an individualized education program  799
under Chapter 3323. of the Revised Code for the child.  800
       (4) The child either:  801
       (a) Was enrolled in the schools of the school district in  802
which the child is entitled to attend school in any grade from  803
kindergarten through twelve in the school year prior to the  804
school year in which a scholarship is first sought for the  805
child;  806
       (b) Is eligible to enter school in any grade kindergarten  807
through twelve in the school district in which the child is  808
entitled to attend school in the school year in which a  809
scholarship is first sought for the child.  810
       (5) The department of education and workforce has not  811
approved a scholarship for the child under the educational  812
choice scholarship pilot program, under sections 3310.01 to  813
3310.17 of the Revised Code, the autism scholarship program,  814
under section 3310.41 of the Revised Code, or the pilot project  815
scholarship program, under sections 3313.974 to 3313.979 of the  816
Revised Code for the same school year in which a scholarship  817
under the Jon Peterson special needs scholarship program is  818
sought.  819
       (6) The child and the child's parents are in compliance  820
with the state compulsory attendance law under Chapter 3321. of  821
the Revised Code.  822
       (G) "Registered private provider" means a nonpublic school  823
S. B. No. 58  Page 30
As Introduced
or other nonpublic entity that has been registered by the  824
superintendent of public instruction under section 3310.58 of  825
the Revised Code prior to the effective date of this amendment  826
October 3, 2023, or the department of education and workforce on  827
or after that date.  828
       (H) "Scholarship" means a scholarship awarded under the  829
Jon Peterson special needs scholarship program pursuant to  830
sections 3310.51 to 3310.64 of the Revised Code.  831
       (I) "School district of residence" has the same meaning as  832
in section 3323.01 of the Revised Code. A community school  833
established under Chapter 3314. of the Revised Code is not a  834
"school district of residence" for purposes of sections 3310.51  835
to 3310.64 of the Revised Code.  836
       (J) "School year" has the same meaning as in section  837
3313.62 of the Revised Code.  838
       (K) "Special education program" means a school or facility  839
that provides special education and related services to children  840
with disabilities.  841
       Sec. 3313.64. (A) As used in this section and in section  842
3313.65 of the Revised Code:  843
       (1)(a) Except as provided in division (A)(1)(b) of this  844
section, "parent" means either parent, unless the parents are  845
separated or divorced or their marriage has been dissolved or  846
annulled, in which case "parent" means the parent who is the  847
residential parent and legal custodian of the child. When a  848
child is in the legal custody of a government agency or a person  849
other than the child's natural or adoptive parent, "parent"  850
means the parent with residual parental rights, privileges, and  851
responsibilities. When a child is in the permanent custody of a  852
S. B. No. 58  Page 31
As Introduced
government agency or a person other than the child's natural or  853
adoptive parent, "parent" means the parent who was divested of  854
parental rights and responsibilities for the care of the child  855
and the right to have the child live with the parent and be the  856
legal custodian of the child and all residual parental rights,  857
privileges, and responsibilities.  858
       (b) When a child is the subject of a power of attorney  859
executed under sections 3109.51 to 3109.62 of the Revised Code,  860
"parent""Parent" means the grandparent designated as a child's  861
caretaker when the caretaker is the attorney in fact under the a  862
power of attorney. When a child is the subject of a    executed  863
under sections 3109.51 to 3109.62 of the Revised Code or has  864
executed a caretaker authorization affidavit executed under  865
sections 3109.64 3109.65 to 3109.73 of the Revised Code,  866
"parent" means the grandparent that executed the affidavit.  867
       (2) "Legal custody," "permanent custody," and "residual  868
parental rights, privileges, and responsibilities" have the same  869
meanings as in section 2151.011 of the Revised Code.  870
       (3) "School district" or "district" means a city, local,  871
or exempted village school district and excludes any school  872
operated in an institution maintained by the department of youth  873
services.  874
       (4) Except as used in division (C)(2) of this section,  875
"home" means a home, institution, foster home, group home, or  876
other residential facility in this state that receives and cares  877
for children, to which any of the following applies:  878
       (a) The home is licensed, certified, or approved for such  879
purpose by the state or is maintained by the department of youth  880
services.  881
S. B. No. 58  Page 32
As Introduced
       (b) The home is operated by a person who is licensed,  882
certified, or approved by the state to operate the home for such  883
purpose.  884
       (c) The home accepted the child through a placement by a  885
person licensed, certified, or approved to place a child in such  886
a home by the state.  887
       (d) The home is a children's home created under section  888
5153.21 or 5153.36 of the Revised Code.  889
       (5) "Agency" means all of the following:  890
       (a) A public children services agency;  891
       (b) An organization that holds a certificate issued by the  892
department of children and youth in accordance with the  893
requirements of section 5103.03 of the Revised Code and assumes  894
temporary or permanent custody of children through commitment,  895
agreement, or surrender, and places children in family homes for  896
the purpose of adoption;  897
       (c) Comparable agencies of other states or countries that  898
have complied with applicable requirements of section 2151.39 of  899
the Revised Code or as applicable, sections 5103.20 to 5103.22  900
or 5103.23 to 5103.237 of the Revised Code.  901
       (6) A child is placed for adoption if either of the  902
following occurs:  903
       (a) An agency to which the child has been permanently  904
committed or surrendered enters into an agreement with a person  905
pursuant to section 5103.16 of the Revised Code for the care and  906
adoption of the child.  907
       (b) The child's natural parent places the child pursuant  908
to section 5103.16 of the Revised Code with a person who will  909
S. B. No. 58  Page 33
As Introduced
care for and adopt the child.  910
       (7) "Preschool child with a disability" has the same  911
meaning as in section 3323.01 of the Revised Code.  912
       (8) "Child," unless otherwise indicated, includes  913
preschool children with disabilities.  914
       (9) "Active duty" means active duty pursuant to an  915
executive order of the president of the United States, an act of  916
the congress of the United States, or section 5919.29 or 5923.21  917
of the Revised Code.  918
       (B) Except as otherwise provided in section 3321.01 of the  919
Revised Code for admittance to kindergarten and first grade, a  920
child who is at least five but under twenty-two years of age and  921
any preschool child with a disability shall be admitted to  922
school as provided in this division.  923
       (1) A child shall be admitted to the schools of the school  924
district in which the child's parent resides.  925
       (2) Except as provided in division (B) of section 2151.362  926
and section 3317.30 of the Revised Code, a child who does not  927
reside in the district where the child's parent resides shall be  928
admitted to the schools of the district in which the child  929
resides if any of the following applies:  930
       (a) The child is in the legal or permanent custody of a  931
government agency or a person other than the child's natural or  932
adoptive parent.  933
       (b) The child resides in a home.  934
       (c) The child requires special education.  935
       (3) A child who is not entitled under division (B)(2) of  936
S. B. No. 58  Page 34
As Introduced
this section to be admitted to the schools of the district where  937
the child resides and who is residing with a resident of this  938
state with whom the child has been placed for adoption shall be  939
admitted to the schools of the district where the child resides  940
unless either of the following applies:  941
       (a) The placement for adoption has been terminated.  942
       (b) Another school district is required to admit the child  943
under division (B)(1) of this section.  944
       Division (B) of this section does not prohibit the board  945
of education of a school district from placing a child with a  946
disability who resides in the district in a special education  947
program outside of the district or its schools in compliance  948
with Chapter 3323. of the Revised Code.  949
       (C) A district shall not charge tuition for children  950
admitted under division (B)(1) or (3) of this section. If the  951
district admits a child under division (B)(2) of this section,  952
tuition shall be paid to the district that admits the child as  953
provided in divisions (C)(1) to (3) of this section, unless  954
division (C)(4) of this section applies to the child:  955
       (1) If the child receives special education in accordance  956
with Chapter 3323. of the Revised Code, the school district of  957
residence, as defined in section 3323.01 of the Revised Code,  958
shall pay tuition for the child in accordance with section  959
3323.091, 3323.13, 3323.14, or 3323.141 of the Revised Code  960
regardless of who has custody of the child or whether the child  961
resides in a home.  962
       (2) For a child that does not receive special education in  963
accordance with Chapter 3323. of the Revised Code, except as  964
otherwise provided in division (C)(2)(d) of this section, if the  965
S. B. No. 58  Page 35
As Introduced
child is in the permanent or legal custody of a government  966
agency or person other than the child's parent, tuition shall be  967
paid by:  968
       (a) The district in which the child's parent resided at  969
the time the court removed the child from home or at the time  970
the court vested legal or permanent custody of the child in the  971
person or government agency, whichever occurred first;  972
       (b) If the parent's residence at the time the court  973
removed the child from home or placed the child in the legal or  974
permanent custody of the person or government agency is unknown,  975
tuition shall be paid by the district in which the child resided  976
at the time the child was removed from home or placed in legal  977
or permanent custody, whichever occurred first;  978
       (c) If a school district cannot be established under  979
division (C)(2)(a) or (b) of this section, tuition shall be paid  980
by the district determined as required by section 2151.362 of  981
the Revised Code by the court at the time it vests custody of  982
the child in the person or government agency;  983
       (d) If at the time the court removed the child from home  984
or vested legal or permanent custody of the child in the person  985
or government agency, whichever occurred first, one parent was  986
in a residential or correctional facility or a juvenile  987
residential placement and the other parent, if living and not in  988
such a facility or placement, was not known to reside in this  989
state, tuition shall be paid by the district determined under  990
division (D) of section 3313.65 of the Revised Code as the  991
district required to pay any tuition while the parent was in  992
such facility or placement;  993
       (e) If the department of education and workforce has  994
S. B. No. 58  Page 36
As Introduced
determined, pursuant to division (A)(2) of section 2151.362 of  995
the Revised Code, that a school district other than the one  996
named in the court's initial order, or in a prior determination  997
of the department, is responsible to bear the cost of educating  998
the child, the district so determined shall be responsible for  999
that cost.  1000
       (3) If the child is not in the permanent or legal custody  1001
of a government agency or person other than the child's parent  1002
and the child resides in a home, tuition shall be paid by one of  1003
the following:  1004
       (a) The school district in which the child's parent  1005
resides;  1006
       (b) If the child's parent is not a resident of this state,  1007
the home in which the child resides.  1008
       (4) Division (C)(4) of this section applies to any child  1009
who is admitted to a school district under division (B)(2) of  1010
this section, resides in a home that is not a foster home, a  1011
home maintained by the department of youth services, a detention  1012
facility established under section 2152.41 of the Revised Code,  1013
or a juvenile facility established under section 2151.65 of the  1014
Revised Code, and receives educational services at the home or  1015
facility in which the child resides pursuant to a contract  1016
between the home or facility and the school district providing  1017
those services.  1018
       If a child to whom division (C)(4) of this section applies  1019
is a special education student, a district may choose whether to  1020
receive a tuition payment for that child under division (C)(4)  1021
of this section or to receive a payment for that child under  1022
section 3323.14 of the Revised Code. If a district chooses to  1023
S. B. No. 58  Page 37
As Introduced
receive a payment for that child under section 3323.14 of the  1024
Revised Code, it shall not receive a tuition payment for that  1025
child under division (C)(4) of this section.  1026
       If a child to whom division (C)(4) of this section applies  1027
is not a special education student, a district shall receive a  1028
tuition payment for that child under division (C)(4) of this  1029
section.  1030
       In the case of a child to which division (C)(4) of this  1031
section applies, the total educational cost to be paid for the  1032
child shall be determined by a formula approved by the  1033
department of education and workforce, which formula shall be  1034
designed to calculate a per diem cost for the educational  1035
services provided to the child for each day the child is served  1036
and shall reflect the total actual cost incurred in providing  1037
those services. The department shall certify the total  1038
educational cost to be paid for the child to both the school  1039
district providing the educational services and, if different,  1040
the school district that is responsible to pay tuition for the  1041
child. The department shall deduct the certified amount from the  1042
state basic aid funds payable under Chapter 3317. of the Revised  1043
Code to the district responsible to pay tuition and shall pay  1044
that amount to the district providing the educational services  1045
to the child.  1046
       (D) Tuition required to be paid under divisions (C)(2) and  1047
(3)(a) of this section shall be computed in accordance with  1048
section 3317.08 of the Revised Code. Tuition required to be paid  1049
under division (C)(3)(b) of this section shall be computed in  1050
accordance with section 3317.081 of the Revised Code. If a home  1051
fails to pay the tuition required by division (C)(3)(b) of this  1052
section, the board of education providing the education may  1053
S. B. No. 58  Page 38
As Introduced
recover in a civil action the tuition and the expenses incurred  1054
in prosecuting the action, including court costs and reasonable  1055
attorney's fees. If the prosecuting attorney or city director of  1056
law represents the board in such action, costs and reasonable  1057
attorney's fees awarded by the court, based upon the prosecuting  1058
attorney's, director's, or one of their designee's time spent  1059
preparing and presenting the case, shall be deposited in the  1060
county or city general fund.  1061
       (E) A board of education may enroll a child free of any  1062
tuition obligation for a period not to exceed sixty days, on the  1063
sworn statement of an adult resident of the district that the  1064
resident has initiated legal proceedings for custody of the  1065
child.  1066
       (F) In the case of any individual entitled to attend  1067
school under this division, no tuition shall be charged by the  1068
school district of attendance and no other school district shall  1069
be required to pay tuition for the individual's attendance.  1070
Notwithstanding division (B), (C), or (E) of this section:  1071
       (1) All persons at least eighteen but under twenty-two  1072
years of age who live apart from their parents, support  1073
themselves by their own labor, and have not successfully  1074
completed the high school curriculum or the individualized  1075
education program developed for the person by the high school  1076
pursuant to section 3323.08 of the Revised Code, are entitled to  1077
attend school in the district in which they reside.  1078
       (2) Any child under eighteen years of age who is married  1079
is entitled to attend school in the child's district of  1080
residence.  1081
       (3) A child is entitled to attend school in the district  1082
S. B. No. 58  Page 39
As Introduced
in which either of the child's parents is employed if the child  1083
has a medical condition that may require emergency medical  1084
attention. The parent of a child entitled to attend school under  1085
division (F)(3) of this section shall submit to the board of  1086
education of the district in which the parent is employed a  1087
statement from the child's physician certifying that the child's  1088
medical condition may require emergency medical attention. The  1089
statement shall be supported by such other evidence as the board  1090
may require.  1091
       (4) Any child residing with a person other than the  1092
child's parent is entitled, for a period not to exceed twelve  1093
months, to attend school in the district in which that person  1094
resides if the child's parent files an affidavit with the  1095
superintendent of the district in which the person with whom the  1096
child is living resides stating all of the following:  1097
       (a) That the parent is serving outside of the state in the  1098
armed services of the United States;  1099
       (b) That the parent intends to reside in the district upon  1100
returning to this state;  1101
       (c) The name and address of the person with whom the child  1102
is living while the parent is outside the state.  1103
       (5) Any child under the age of twenty-two years who, after  1104
the death of a parent, resides in a school district other than  1105
the district in which the child attended school at the time of  1106
the parent's death is entitled to continue to attend school in  1107
the district in which the child attended school at the time of  1108
the parent's death for the remainder of the school year, subject  1109
to approval of that district board.  1110
       (6) A child under the age of twenty-two years who resides  1111
S. B. No. 58  Page 40
As Introduced
with a parent who is having a new house built in a school  1112
district outside the district where the parent is residing is  1113
entitled to attend school for a period of time in the district  1114
where the new house is being built. In order to be entitled to  1115
such attendance, the parent shall provide the district  1116
superintendent with the following:  1117
       (a) A sworn statement explaining the situation, revealing  1118
the location of the house being built, and stating the parent's  1119
intention to reside there upon its completion;  1120
       (b) A statement from the builder confirming that a new  1121
house is being built for the parent and that the house is at the  1122
location indicated in the parent's statement.  1123
       (7) A child under the age of twenty-two years residing  1124
with a parent who has a contract to purchase a house in a school  1125
district outside the district where the parent is residing and  1126
who is waiting upon the date of closing of the mortgage loan for  1127
the purchase of such house is entitled to attend school for a  1128
period of time in the district where the house is being  1129
purchased. In order to be entitled to such attendance, the  1130
parent shall provide the district superintendent with the  1131
following:  1132
       (a) A sworn statement explaining the situation, revealing  1133
the location of the house being purchased, and stating the  1134
parent's intent to reside there;  1135
       (b) A statement from a real estate broker or bank officer  1136
confirming that the parent has a contract to purchase the house,  1137
that the parent is waiting upon the date of closing of the  1138
mortgage loan, and that the house is at the location indicated  1139
in the parent's statement.  1140
S. B. No. 58  Page 41
As Introduced
       The district superintendent shall establish a period of  1141
time not to exceed ninety days during which the child entitled  1142
to attend school under division (F)(6) or (7) of this section  1143
may attend without tuition obligation. A student attending a  1144
school under division (F)(6) or (7) of this section shall be  1145
eligible to participate in interscholastic athletics under the  1146
auspices of that school, provided the board of education of the  1147
school district where the student's parent resides, by a formal  1148
action, releases the student to participate in interscholastic  1149
athletics at the school where the student is attending, and  1150
provided the student receives any authorization required by a  1151
public agency or private organization of which the school  1152
district is a member exercising authority over interscholastic  1153
sports.  1154
       (8) A child whose parent is a full-time employee of a  1155
city, local, or exempted village school district, or of an  1156
educational service center, may be admitted to the schools of  1157
the district where the child's parent is employed, or in the  1158
case of a child whose parent is employed by an educational  1159
service center, in the district that serves the location where  1160
the parent's job is primarily located, provided the district  1161
board of education establishes such an admission policy by  1162
resolution adopted by a majority of its members. Any such policy  1163
shall take effect on the first day of the school year and the  1164
effective date of any amendment or repeal may not be prior to  1165
the first day of the subsequent school year. The policy shall be  1166
uniformly applied to all such children and shall provide for the  1167
admission of any such child upon request of the parent. No child  1168
may be admitted under this policy after the first day of classes  1169
of any school year.  1170
       (9) A child who is with the child's parent under the care  1171
S. B. No. 58  Page 42
As Introduced
of a shelter for victims of domestic violence, as defined in  1172
section 3113.33 of the Revised Code, is entitled to attend  1173
school free in the district in which the child is with the  1174
child's parent, and no other school district shall be required  1175
to pay tuition for the child's attendance in that school  1176
district.  1177
       The enrollment of a child in a school district under this  1178
division shall not be denied due to a delay in the school  1179
district's receipt of any records required under section  1180
3313.672 of the Revised Code or any other records required for  1181
enrollment. Any days of attendance and any credits earned by a  1182
child while enrolled in a school district under this division  1183
shall be transferred to and accepted by any school district in  1184
which the child subsequently enrolls. The department of  1185
education and workforce shall adopt rules to ensure compliance  1186
with this division.  1187
       (10) Any child under the age of twenty-two years whose  1188
parent has moved out of the school district after the  1189
commencement of classes in the child's senior year of high  1190
school is entitled, subject to the approval of that district  1191
board, to attend school in the district in which the child  1192
attended school at the time of the parental move for the  1193
remainder of the school year and for one additional semester or  1194
equivalent term. A district board may also adopt a policy  1195
specifying extenuating circumstances under which a student may  1196
continue to attend school under division (F)(10) of this section  1197
for an additional period of time in order to successfully  1198
complete the high school curriculum for the individualized  1199
education program developed for the student by the high school  1200
pursuant to section 3323.08 of the Revised Code.  1201
S. B. No. 58  Page 43
As Introduced
       (11) As used in this division, "grandparent" means a  1202
parent of a parent of a child. A child under the age of twenty-  1203
two years who is in the custody of the child's parent, resides  1204
with a grandparent, and does not require special education is  1205
entitled to attend the schools of the district in which the  1206
child's grandparent resides, provided that, prior to such  1207
attendance in any school year, the board of education of the  1208
school district in which the child's grandparent resides and the  1209
board of education of the school district in which the child's  1210
parent resides enter into a written agreement specifying that  1211
good cause exists for such attendance, describing the nature of  1212
this good cause, and consenting to such attendance.  1213
       In lieu of a consent form signed by a parent, a board of  1214
education may request the grandparent of a child attending  1215
school in the district in which the grandparent resides pursuant  1216
to division (F)(11) of this section to complete any consent form  1217
required by the district, including any authorization required  1218
by sections 3313.712, 3313.713, 3313.716, and 3313.718 of the  1219
Revised Code. Upon request, the grandparent shall complete any  1220
consent form required by the district. A school district shall  1221
not incur any liability solely because of its receipt of a  1222
consent form from a grandparent in lieu of a parent.  1223
       Division (F)(11) of this section does not create, and  1224
shall not be construed as creating, a new cause of action or  1225
substantive legal right against a school district, a member of a  1226
board of education, or an employee of a school district. This  1227
section does not affect, and shall not be construed as  1228
affecting, any immunities from defenses to tort liability  1229
created or recognized by Chapter 2744. of the Revised Code for a  1230
school district, member, or employee.  1231
S. B. No. 58  Page 44
As Introduced
       (12) A child under the age of twenty-two years is entitled  1232
to attend school in a school district other than the district in  1233
which the child is entitled to attend school under division (B),  1234
(C), or (E) of this section provided that, prior to such  1235
attendance in any school year, both of the following occur:  1236
       (a) The superintendent of the district in which the child  1237
is entitled to attend school under division (B), (C), or (E) of  1238
this section contacts the superintendent of another district for  1239
purposes of this division;  1240
       (b) The superintendents of both districts enter into a  1241
written agreement that consents to the attendance and specifies  1242
that the purpose of such attendance is to protect the student's  1243
physical or mental well-being or to deal with other extenuating  1244
circumstances deemed appropriate by the superintendents.  1245
       While an agreement is in effect under this division for a  1246
student who is not receiving special education under Chapter  1247
3323. of the Revised Code and notwithstanding Chapter 3327. of  1248
the Revised Code, the board of education of neither school  1249
district involved in the agreement is required to provide  1250
transportation for the student to and from the school where the  1251
student attends.  1252
       A student attending a school of a district pursuant to  1253
this division shall be allowed to participate in all student  1254
activities, including interscholastic athletics, at the school  1255
where the student is attending on the same basis as any student  1256
who has always attended the schools of that district while of  1257
compulsory school age.  1258
       (13) All school districts shall comply with the "McKinney-  1259
Vento Homeless Assistance Act," 42 U.S.C.A. 11431 et seq., for  1260
S. B. No. 58  Page 45
As Introduced
the education of homeless children. Each city, local, and  1261
exempted village school district shall comply with the  1262
requirements of that act governing the provision of a free,  1263
appropriate public education, including public preschool, to  1264
each homeless child.  1265
       When a child loses permanent housing and becomes a  1266
homeless person, as defined in 42 U.S.C.A. 11481(5), or when a  1267
child who is such a homeless person changes temporary living  1268
arrangements, the child's parent or guardian shall have the  1269
option of enrolling the child in either of the following:  1270
       (a) The child's school of origin, as defined in 42  1271
U.S.C.A. 11432(g)(3)(C);  1272
       (b) The school that is operated by the school district in  1273
which the shelter where the child currently resides is located  1274
and that serves the geographic area in which the shelter is  1275
located.  1276
       (14) A child under the age of twenty-two years who resides  1277
with a person other than the child's parent is entitled to  1278
attend school in the school district in which that person  1279
resides if both of the following apply:  1280
       (a) That person has been appointed, through a military  1281
power of attorney executed under section 574(a) of the "National  1282
Defense Authorization Act for Fiscal Year 1994," 107 Stat. 1674  1283
(1993), 10 U.S.C. 1044b, or through a comparable document  1284
necessary to complete a family care plan, as the parent's agent  1285
for the care, custody, and control of the child while the parent  1286
is on active duty as a member of the national guard or a reserve  1287
unit of the armed forces of the United States or because the  1288
parent is a member of the armed forces of the United States and  1289
S. B. No. 58  Page 46
As Introduced
is on a duty assignment away from the parent's residence.  1290
       (b) The military power of attorney or comparable document  1291
includes at least the authority to enroll the child in school.  1292
       The entitlement to attend school in the district in which  1293
the parent's agent under the military power of attorney or  1294
comparable document resides applies until the end of the school  1295
year in which the military power of attorney or comparable  1296
document expires.  1297
       (G) A board of education, after approving admission, may  1298
waive tuition for students who will temporarily reside in the  1299
district and who are either of the following:  1300
       (1) Residents or domiciliaries of a foreign nation who  1301
request admission as foreign exchange students;  1302
       (2) Residents or domiciliaries of the United States but  1303
not of Ohio who request admission as participants in an exchange  1304
program operated by a student exchange organization.  1305
       (H) Pursuant to sections 3311.211, 3313.90, 3319.01,  1306
3323.04, 3327.04, and 3327.06 of the Revised Code, a child may  1307
attend school or participate in a special education program in a  1308
school district other than in the district where the child is  1309
entitled to attend school under division (B) of this section.  1310
       (I)(1) Notwithstanding anything to the contrary in this  1311
section or section 3313.65 of the Revised Code, a child under  1312
twenty-two years of age may attend school in the school district  1313
in which the child, at the end of the first full week of October  1314
of the school year, was entitled to attend school as otherwise  1315
provided under this section or section 3313.65 of the Revised  1316
Code, if at that time the child was enrolled in the schools of  1317
the district but since that time the child or the child's parent  1318
S. B. No. 58  Page 47
As Introduced
has relocated to a new address located outside of that school  1319
district and within the same county as the child's or parent's  1320
address immediately prior to the relocation. The child may  1321
continue to attend school in the district, and at the school to  1322
which the child was assigned at the end of the first full week  1323
of October of the current school year, for the balance of the  1324
school year. Division (I)(1) of this section applies only if  1325
both of the following conditions are satisfied:  1326
       (a) The board of education of the school district in which  1327
the child was entitled to attend school at the end of the first  1328
full week in October and of the district to which the child or  1329
child's parent has relocated each has adopted a policy to enroll  1330
children described in division (I)(1) of this section.  1331
       (b) The child's parent provides written notification of  1332
the relocation outside of the school district to the  1333
superintendent of each of the two school districts.  1334
       (2) At the beginning of the school year following the  1335
school year in which the child or the child's parent relocated  1336
outside of the school district as described in division (I)(1)  1337
of this section, the child is not entitled to attend school in  1338
the school district under that division.  1339
       (3) Any person or entity owing tuition to the school  1340
district on behalf of the child at the end of the first full  1341
week in October, as provided in division (C) of this section,  1342
shall continue to owe such tuition to the district for the  1343
child's attendance under division (I)(1) of this section for the  1344
lesser of the balance of the school year or the balance of the  1345
time that the child attends school in the district under  1346
division (I)(1) of this section.  1347
S. B. No. 58  Page 48
As Introduced
       (4) A pupil who may attend school in the district under  1348
division (I)(1) of this section shall be entitled to  1349
transportation services pursuant to an agreement between the  1350
district and the district in which the child or child's parent  1351
has relocated unless the districts have not entered into such  1352
agreement, in which case the child shall be entitled to  1353
transportation services in the same manner as a pupil attending  1354
school in the district under interdistrict open enrollment as  1355
described in division (E) of section 3313.981 of the Revised  1356
Code, regardless of whether the district has adopted an open  1357
enrollment policy as described in division (B)(1)(b) or (c) of  1358
section 3313.98 of the Revised Code.  1359
       (J) This division does not apply to a child receiving  1360
special education.  1361
       A school district required to pay tuition pursuant to  1362
division (C)(2) or (3) of this section or section 3313.65 of the  1363
Revised Code shall have an amount deducted under division (C) of  1364
section 3317.023 of the Revised Code equal to its own tuition  1365
rate for the same period of attendance. A school district  1366
entitled to receive tuition pursuant to division (C)(2) or (3)  1367
of this section or section 3313.65 of the Revised Code shall  1368
have an amount credited under division (C) of section 3317.023  1369
of the Revised Code equal to its own tuition rate for the same  1370
period of attendance. If the tuition rate credited to the  1371
district of attendance exceeds the rate deducted from the  1372
district required to pay tuition, the department of education  1373
and workforce shall pay the district of attendance the  1374
difference from amounts deducted from all districts' payments  1375
under division (C) of section 3317.023 of the Revised Code but  1376
not credited to other school districts under such division and  1377
from appropriations made for such purpose. The treasurer of each  1378
S. B. No. 58  Page 49
As Introduced
school district shall, by the fifteenth day of January and July,  1379
furnish the director of education and workforce a report of the  1380
names of each child who attended the district's schools under  1381
divisions (C)(2) and (3) of this section or section 3313.65 of  1382
the Revised Code during the preceding six calendar months, the  1383
duration of the attendance of those children, the school  1384
district responsible for tuition on behalf of the child, and any  1385
other information that the director requires.  1386
       Upon receipt of the report the director, pursuant to  1387
division (C) of section 3317.023 of the Revised Code, shall  1388
deduct each district's tuition obligations under divisions (C)  1389
(2) and (3) of this section or section 3313.65 of the Revised  1390
Code and pay to the district of attendance that amount plus any  1391
amount required to be paid by the state.  1392
       (K) In the event of a disagreement, the director of  1393
education and workforce shall determine the school district in  1394
which the parent resides.  1395
       (L) Nothing in this section requires or authorizes, or  1396
shall be construed to require or authorize, the admission to a  1397
public school in this state of a pupil who has been permanently  1398
excluded from public school attendance by the director pursuant  1399
to sections 3301.121 and 3313.662 of the Revised Code.  1400
       (M) In accordance with division (B)(1) of this section, a  1401
child whose parent is a member of the national guard or a  1402
reserve unit of the armed forces of the United States and is  1403
called to active duty, or a child whose parent is a member of  1404
the armed forces of the United States and is ordered to a  1405
temporary duty assignment outside of the district, may continue  1406
to attend school in the district in which the child's parent  1407
lived before being called to active duty or ordered to a  1408
S. B. No. 58  Page 50
As Introduced
temporary duty assignment outside of the district, as long as  1409
the child's parent continues to be a resident of that district,  1410
and regardless of where the child lives as a result of the  1411
parent's active duty status or temporary duty assignment.  1412
However, the district is not responsible for providing  1413
transportation for the child if the child lives outside of the  1414
district as a result of the parent's active duty status or  1415
temporary duty assignment.  1416
       Sec. 3313.649. (A) As used in this section:  1417
       (1) "Power of attorney" means a power of attorney created  1418
under section 3109.52 of the Revised Code.  1419
       (2) "Caretaker authorization affidavit" means an affidavit  1420
executed under section 3109.67 of the Revised Code.  1421
       (B) The grandparent caretaker who is the attorney in fact  1422
under a power of attorney or the grandparent that who executed a  1423
caretaker authorization affidavit may enroll the child who is  1424
the subject of the power of attorney or affidavit in a school in  1425
the school district in which the grandparentcaretaker resides.  1426
Unless another reason exists under the Revised Code to exclude  1427
the child, the child may attend the schools of the school  1428
district in which the grandparentcaretaker resides.  1429
       Sec. 3313.672. (A)(1) At the time of initial entry to a  1430
public or nonpublic school, a pupil shall present to the person  1431
in charge of admission any records given the pupil by the public  1432
or nonpublic elementary or secondary school the pupil most  1433
recently attended; a certified copy of an order or decree, or  1434
modification of such an order or decree allocating parental  1435
rights and responsibilities for the care of a child and  1436
designating a residential parent and legal custodian of the  1437
S. B. No. 58  Page 51
As Introduced
child, as provided in division (B) of this section, if that type  1438
of order or decree has been issued; a copy of a power of  1439
attorney or caretaker authorization affidavit, if either has  1440
been executed with respect to the child pursuant to sections  1441
3109.51 to 3109.80 of the Revised Code; and a certification of  1442
birth issued pursuant to Chapter 3705. of the Revised Code, a  1443
comparable certificate or certification issued pursuant to the  1444
statutes of another state, territory, possession, or nation, or  1445
a document in lieu of a certificate or certification as  1446
described in divisions (A)(1)(a) to (e) of this section. Any of  1447
the following shall be accepted in lieu of a certificate or  1448
certification of birth by the person in charge of admission:  1449
       (a) A passport or attested transcript of a passport filed  1450
with a registrar of passports at a point of entry of the United  1451
States showing the date and place of birth of the child;  1452
       (b) An attested transcript of the certificate of birth;  1453
       (c) An attested transcript of the certificate of baptism  1454
or other religious record showing the date and place of birth of  1455
the child;  1456
       (d) An attested transcript of a hospital record showing  1457
the date and place of birth of the child;  1458
       (e) A birth affidavit.  1459
       (2) If a pupil requesting admission to a school of the  1460
school district in which the pupil is entitled to attend school  1461
under section 3313.64 or 3313.65 of the Revised Code has been  1462
discharged or released from the custody of the department of  1463
youth services under section 5139.51 of the Revised Code just  1464
prior to requesting admission to the school, no school official  1465
shall admit that pupil until the records described in divisions  1466
S. B. No. 58  Page 52
As Introduced
(D)(4)(a) to (d) of section 2152.18 of the Revised Code have  1467
been received by the superintendent of the school district.  1468
       (3) No public or nonpublic school official shall deny a  1469
protected child admission to the school solely because the child  1470
does not present a birth certificate described in division (A)  1471
(1) of this section, a comparable certificate or certification  1472
from another state, territory, possession, or nation, or another  1473
document specified in divisions (A)(1)(a) to (e) of this section  1474
upon registration for entry into the school. However, the  1475
protected child, or the parent, custodian, or guardian of that  1476
child, shall present a birth certificate or other document  1477
specified in divisions (A)(1)(a) to (e) of this section to the  1478
person in charge of admission of the school within ninety days  1479
after the child's initial entry into the school.  1480
       (4) Except as otherwise provided in division (A)(2) or (3)  1481
of this section, within twenty-four hours of the entry into the  1482
school of a pupil described in division (A)(1) of this section,  1483
a school official shall request the pupil's official records  1484
from the public or nonpublic elementary or secondary school the  1485
pupil most recently attended. If the public or nonpublic school  1486
the pupil claims to have most recently attended indicates that  1487
it has no record of the pupil's attendance or the records are  1488
not received within fourteen days of the date of request, or if  1489
the pupil does not present a certification of birth described in  1490
division (A)(1) of this section, a comparable certificate or  1491
certification from another state, territory, possession, or  1492
nation, or another document specified in divisions (A)(1)(a) to  1493
(e) of this section, the principal or chief administrative  1494
officer of the school shall notify the law enforcement agency  1495
having jurisdiction in the area where the pupil resides of this  1496
fact and of the possibility that the pupil may be a missing  1497
S. B. No. 58  Page 53
As Introduced
child, as defined in section 2901.30 of the Revised Code.  1498
       (B)(1) Whenever an order or decree allocating parental  1499
rights and responsibilities for the care of a child and  1500
designating a residential parent and legal custodian of the  1501
child, including a temporary order, is issued resulting from an  1502
action of divorce, alimony, annulment, or dissolution of  1503
marriage, and the order or decree pertains to a child who is a  1504
pupil in a public or nonpublic school, the residential parent of  1505
the child shall notify the school of those allocations and  1506
designations by providing the person in charge of admission at  1507
the pupil's school with a certified copy of the order or decree  1508
that made the allocation and designation. Whenever there is a  1509
modification of any order or decree allocating parental rights  1510
and responsibilities for the care of a child and designating a  1511
residential parent and legal custodian of the child that has  1512
been submitted to a school, the residential parent shall provide  1513
the person in charge of admission at the pupil's school with a  1514
certified copy of the order or decree that makes the  1515
modification.  1516
       (2) Whenever a power of attorney is executed under  1517
sections 3109.51 to 3109.62 of the Revised Code that pertains to  1518
a child who is a pupil in a public or nonpublic school, the  1519
attorney in fact shall notify the school of the power of  1520
attorney by providing the person in charge of admission with a  1521
copy of the power of attorney. Whenever a caretaker  1522
authorization affidavit is executed under sections 3109.64  1523
3109.65 to 3109.73 of the Revised Code that pertains to a child  1524
who is in a public or nonpublic school, the grandparent  1525
caretaker who executed the affidavit shall notify the school of  1526
the affidavit by providing the person in charge of admission  1527
with a copy of the affidavit.  1528
S. B. No. 58  Page 54
As Introduced
       (C) If, at the time of a pupil's initial entry to a public  1529
or nonpublic school, the pupil is under the care of a shelter  1530
for victims of domestic violence, as defined in section 3113.33  1531
of the Revised Code, the pupil or the pupil's parent shall  1532
notify the school of that fact. Upon being so informed, the  1533
school shall inform the elementary or secondary school from  1534
which it requests the pupil's records of that fact.  1535
       (D) Whenever a public or nonpublic school is notified by a  1536
law enforcement agency pursuant to division (D) of section  1537
2901.30 of the Revised Code that a missing child report has been  1538
filed regarding a pupil who is currently or was previously  1539
enrolled in the school, the person in charge of admission at the  1540
school shall mark that pupil's records in such a manner that  1541
whenever a copy of or information regarding the records is  1542
requested, any school official responding to the request is  1543
alerted to the fact that the records are those of a missing  1544
child. Upon any request for a copy of or information regarding a  1545
pupil's records that have been so marked, the person in charge  1546
of admission immediately shall report the request to the law  1547
enforcement agency that notified the school that the pupil is a  1548
missing child. When forwarding a copy of or information from the  1549
pupil's records in response to a request, the person in charge  1550
of admission shall do so in such a way that the receiving  1551
district or school would be unable to discern that the pupil's  1552
records are marked pursuant to this division but shall retain  1553
the mark in the pupil's records until notified that the pupil is  1554
no longer a missing child. Upon notification by a law  1555
enforcement agency that a pupil is no longer a missing child,  1556
the person in charge of admission shall remove the mark from the  1557
pupil's records in such a way that if the records were forwarded  1558
to another district or school, the receiving district or school  1559
S. B. No. 58  Page 55
As Introduced
would be unable to discern that the records were ever marked.  1560
       (E) As used in this section:  1561
       (1) "Protected child" means a child placed in a foster  1562
home, as that term is defined in section 5103.02 of the Revised  1563
Code, or in a residential facility.  1564
       (2) "Residential facility" means a group home for  1565
children, children's crisis care facility, children's  1566
residential center, residential parenting facility that provides  1567
twenty-four-hour child care, county children's home, or district  1568
children's home.  1569
       Section 2. That existing sections 3109.51, 3109.52,  1570
3109.53, 3109.54, 3109.59, 3109.60, 3109.65, 3109.66, 3109.67,  1571
3109.69, 3109.70, 3109.71, 3109.74, 3109.76, 3310.51, 3313.64,  1572
3313.649, and 3313.672 of the Revised Code are hereby repealed.  1573