Ohio § 3109.74

§ 3109.74.

(A) A person who creates a power of attorney under section 3109.52 of the Revised Code or executes a caretaker authorization affidavit under section 3109.67 of the Revised Code shall file the power of attorney or affidavit with the juvenile court of the county

in which the grandparent designated as attorney in fact or grandparent who executed

the affidavit resides or any other court that has jurisdiction over the child under

a previously filed motion or proceeding.  The power of attorney or affidavit shall be filed not later than five days after

the date it is created or executed and may be sent to the court by certified mail. (B) A power of attorney filed under this section shall be accompanied by a receipt showing

that the notice of creation of the power of attorney was sent to the parent who is

not the residential parent and legal custodian by certified mail under section 3109.55 of the Revised Code . (C)(1) The grandparent designated as attorney in fact or the grandparent who executed the

affidavit shall include with the power of attorney or the caretaker authorization

affidavit the information described in section 3109.27 of the Revised Code . (2) If the grandparent provides information that the grandparent previously has been

convicted of or pleaded guilty to any criminal offense involving any act that resulted

in a child being an abused child or a neglected child or previously has been determined,

in a case in which a child has been adjudicated an abused child or a neglected child,

to be the perpetrator of the abusive or neglectful act that was the basis of the adjudication,

the court may report that information to the public children services agency pursuant

to section 2151.421 of the Revised Code .  Upon the receipt of that information, the public children services agency shall

initiate an investigation pursuant to section 2151.421 of the Revised Code . (3) If the court has reason to believe that a power of attorney or caretaker authorization

affidavit is not in the best interest of the child, the court may report that information

to the public children services agency pursuant to section 2151.421 of the Revised Code .  Upon receipt of that information, the public children services agency shall initiate

an investigation pursuant to section 2151.421 of the Revised Code .  The public children services agency shall submit a report of its investigation to

the court not later than thirty days after the court reports the information to the

public children services agency or not later than forty-five days after the court

reports the information to the public children services agency when information that

is needed to determine the case disposition cannot be compiled within thirty days

and the reasons are documented in the case record. (D) The court shall waive any filing fee imposed for the filing of the power of attorney

or caretaker authorization affidavit.