Child Care Power Of Attorney Form - Hamilton County Juvenile Court (Page 5 of 10) in pdf

adequate care and supervision of the child because of the parent's, guardian's, or custodian's physical or mental

condition; (d) Homeless or without a residence because the current residence is destroyed or otherwise

uninhabitable; or (e) In or about to enter a residential treatment program for substance abuse; (2) One of the

child's parents is deceased and the other parent, with authority to do so, seeks to execute a power of attorney; or

(3) The parent, guardian, or custodian has a well-founded belief that the power of attorney is in the child's best

interest.

2. The signatures of the parent, guardian, or custodian of the child and the grandparent designated as the

attorney in fact must be notarized by an Ohio notary public.

3. A parent, guardian, or custodian who creates a power of attorney must notify the parent of the child who is

not the residential parent and legal custodian of the child unless one of the following circumstances applies: (a)

the parent is prohibited from receiving a notice of relocation in accordance with section 3109.051 of the

Revised Code of the creation of the power of attorney; (b) the parent's parental rights have been terminated by

order of a juvenile court pursuant to Chapter 2151. of the Revised Code; (c) the parent cannot be located with

reasonable efforts; (d) both parents are executing the power of attorney. The notice must be sent by certified

mail not later than five days after the power of attorney is created and must state the name and address of the

person designated as the attorney in fact.

4. A parent, guardian, or custodian who creates a power of attorney must file it with the juvenile court of the

county in which the attorney in fact resides, or any other court that has jurisdiction over the child under a

previously filed motion or proceeding. The power of attorney must be filed not later than five days after the date

it is created and be accompanied by a receipt showing that the notice of creation of the power of attorney was

sent to the parent who is not the residential parent and legal custodian by certified mail.

5. A parent, guardian, or custodian who creates a second or subsequent power of attorney regarding a child who

is the subject of a prior power of attorney must file the power of attorney with the juvenile court of the county in

which the attorney in fact resides or any other court that has jurisdiction over the child under a previously filed

motion or proceeding. On filing, the court will schedule a hearing to determine whether the power of attorney is

in the child's best interest.

6. This power of attorney does not affect the rights of the child's parents, guardian, or custodian regarding any

future proceedings concerning the custody of the child or the allocation of the parental rights and

responsibilities for the care of the child and does not give the attorney in fact legal custody of the child.

7. A person or entity that relies on this power of attorney, in good faith, has no obligation to make any further

inquiry or investigation.

8. This power of attorney terminates on the occurrence of whichever of the following occurs first: (1) the power

of attorney is revoked in writing by the person who created it; (2) the child ceases to live with the grandparent

who is the attorney in fact; (3) the power of attorney is terminated by court order; (4) the death of the child who

is the subject of the power of attorney; or (5) the death of the grandparent designated as the attorney in fact.

If this power of attorney terminates other than by the death of the attorney in fact, the grandparent who served

as the attorney in fact shall notify, in writing, all of the following:

(a) Any schools, health care providers, or health insurance coverage provider with which the child has been

involved through the grandparent;

(b) Any other person or entity that has an ongoing relationship with the child or grandparent such that the

other person or entity would reasonably rely on the power of attorney unless notified of the termination;

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Form 1349

Child Care Power Of Attorney Form - Hamilton County Juvenile Court Page 5