To amend sections 3109.51, 3109.52, 3109.53, 3109.54, 3109.57, 3109.59, 3109.60, 3109.65, 3109.66, 3109.67, 3109.69, 3109.70, 3109.71, 3109.74, 3109.76, 3310.41, 3310.51, 3313.64, 3313.649, and 3313.672 of the Revised Code to expand a grandparent power of attorney and a caretaker authorization affidavit to include any kinship caregiver and to add circumstances that authorize the execution of a power of attorney.
HB913 would broaden Ohio’s existing “grandparent power of attorney” and “caretaker authorization affidavit” framework so that it applies not only to grandparents, but to any qualifying kinship caregiver. The bill updates definitions throughout the Revised Code to add “kinship caregiver” and revises the standard forms and related procedures so a parent, guardian, or custodian can delegate care, physical custody, and control of a child to that caregiver. The delegated authority includes school enrollment, access to educational and behavioral information, consent for school matters, and consent to medical, psychological, or dental treatment, while still preserving the parent’s underlying rights and not granting legal custody to the caregiver.
The bill also expands the circumstances under which a power of attorney may be executed. In addition to existing situations such as incarceration, serious illness, detention, homelessness, or entry into substance abuse treatment, it adds broader temporary hardship language and allows execution when a parent has a well-founded belief that the arrangement is in the child’s best interest. It also preserves and clarifies filing, notarization, notice, termination, and revocation requirements, including juvenile court filing within five days, notice to the other parent in many cases, and written notice to schools, health providers, insurers, and the court when the arrangement ends. The bill similarly updates the caretaker authorization affidavit process for kinship caregivers when parents cannot be located.
HB913 would affect several education-related statutes as well. It revises school enrollment provisions so that a child subject to a power of attorney or affidavit may attend school in the caregiver’s district, and it updates special education scholarship statutes to recognize kinship caregivers as eligible applicants for the autism scholarship and Jon Peterson special needs scholarship when they hold the relevant authority. It also makes conforming changes to school records and admission rules, including requiring schools to accept copies of the power of attorney or affidavit and clarifying how districts should treat children living with kinship caregivers, homeless children, military families, and other categories already covered by Ohio school attendance law.
The bill’s overall impact would be to make Ohio’s kinship-care legal tools more flexible and more widely available to relatives or other family-connected caregivers who are already caring for a child. It would likely reduce barriers for families needing temporary caregiving arrangements, especially for school enrollment and medical decision-making, while preserving parental rights and court oversight. It also creates clearer statutory authority for schools, health care providers, and courts to rely on these documents in good faith.
Because the bill was only introduced and no committee testimony or votes are available, there is no recorded public sentiment in the provided materials. Based on the text alone, the measure appears designed to support families and children in informal kinship placements, but potential points of contention may include the breadth of the new “best interest” and “other circumstance” language, the expansion beyond grandparents to a wider class of caregivers, and the balance between caregiver authority and parental control.
HB913 would amend multiple sections of the Revised Code governing child care delegation, juvenile court filing, school enrollment, and special education scholarships. It would replace references to “grandparent” with “kinship caregiver” in the power-of-attorney and caretaker-affidavit statutes, expand who may act as a caregiver, and revise school attendance and records provisions so districts, schools, and health providers can rely on these documents for enrollment and treatment decisions. It also updates scholarship eligibility rules so kinship caregivers with the proper authority may apply on behalf of children with disabilities.
No committee transcript or vote record was provided, and the bill is listed as introduced with no recorded action beyond referral to the House Judiciary Committee. As a result, there is no documented legislative sentiment in the available materials. The bill’s text suggests a generally supportive posture toward kinship caregiving and family flexibility, but no formal support or opposition is reflected in the provided history.
The main policy questions raised by the bill are likely to be how far to extend caregiver authority and under what circumstances a parent may delegate rights. The bill broadens the eligible caregiver class from grandparents to all kinship caregivers and adds a catch-all “best interest” and “other circumstance” basis for executing a power of attorney, which could draw concern from those worried about overuse or reduced parental control. At the same time, the bill preserves parental rights, requires notarization and court filing, and allows parents to revoke the arrangement, which may address some concerns from child-welfare and family-law stakeholders.