2006 Ohio Revised Code - 3109.77. Hearing to determine whether power of attorney or affidavit is in child\'s best interest.

§ 3109.77. Hearing to determine whether power of attorney or affidavit is in child's best interest.
 

(A)  On the filing of a power of attorney or caretaker authorization affidavit under section 3109.76 of the Revised Code, the court in which the power of attorney or caretaker authorization affidavit was filed shall schedule a hearing to determine whether the power of attorney or affidavit is in the child's best interest. The court shall provide notice of the date, time, and location of the hearing to the parties and to the parent who is not the residential parent and legal custodian unless one of the following circumstances applies: 

(1) In accordance with section 3109.051 [3109.05.1] of the Revised Code, that parent is not to be given a notice of relocation. 

(2) The parent's parental rights have been terminated by order of a juvenile court pursuant to Chapter 2151. of the Revised Code. 

(3) The parent cannot be located with reasonable efforts. 

(4) The power of attorney was created by both parents. 

(B)  The hearing shall be held not later than ten days after the date the power of attorney or affidavit was filed with the court. At the hearing, the parties and the parent who is not the residential parent and legal custodian may present evidence and be represented by counsel. 

(C)  At the conclusion of the hearing, the court may take any of the following actions that the court determines is in the child's best interest: 

(1) Approve the power of attorney or affidavit. If approved, the power of attorney or affidavit shall remain in effect unless otherwise terminated under section 3109.59 of the Revised Code with respect to a power of attorney or section 3109.70 of the Revised Code with respect to an affidavit. 

(2) Issue an order terminating the power of attorney or affidavit and ordering the child returned to the child's parent, guardian, or custodian. If the parent, guardian, or custodian of the child cannot be located, the court shall treat the filing of the power of attorney or affidavit with the court as a complaint under section 2151.27 of the Revised Code that the child is a dependent child. 

(3) Treat the filing of the power of attorney or affidavit as a petition for legal custody and award legal custody of the child to the grandparent designated as the attorney in fact under the power of attorney or to the grandparent who executed the affidavit. 

(D)  The court shall conduct a de novo review of any order issued under division (C) of this section if all of the following apply regarding the parent who is not the residential parent and legal custodian: 

(1) The parent did not appear at the hearing from which the order was issued. 

(2) The parent was not represented by counsel at the hearing. 

(3) The parent filed a motion with the court not later than fourteen days after receiving notice of the hearing pursuant to division (A) of this section. 
 

HISTORY: 150 v H 130, § 1, eff. 7-20-04.

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