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OHIO -- Grandparents and Other Relative Caregivers
Introduction
A majority of all domestic adoptions are by relatives and stepparents. Sometimes a relative informally assumes custody of the child without involving child protective services. Many times, however, relatives receive custody of the child because child protective services and the court have removed the child from the birth parent's home because of abuse or neglect allegations. This information will explain the various ways custody can be obtained as well as financial assistance which may be available to relative caregivers.
Frequently Asked Questions
Q: Who is considered a kinship caregiver?
A: A kinship caregiver is any of the following adults caring for a child in place of the child's parent:
1. Individuals related by blood or adoption to the child including: grandparents, including "great," "great-great," or "great-great-great"; siblings; aunts, uncles, nephews, and nieces, including "great," "great-great," "grand," or "great-grand"; first cousins and first cousins once removed
2. Stepparents and stepsiblings
3. Spouses and former spouses of individuals named above
4. A legal guardian of the child
5. A legal custodian of the child
Ohio Revised Code § 5101.85
Q: What is the Kinship Permanency Incentive (KPI) Program?
A: The KPI program provides assistance to kinship caregivers of children removed from their home due to allegations of abuse or neglect, if the caregiver assumes legal custody or guardianship of the child. Applications are available through the county public children services agency. KPI allows eligible families to receive a one time, initial payment of $1000 per child to assist with child care costs. Families continuing to meet eligibility requirements may receive an additional $500 every six months for a 36 month period, up to a maximum of $3500 per child. Kinship caregivers are also eligible for TANF child only grants and support services such as child care, respite care, training, and legal services.
Ohio Administrative Code § 5101:2-40-04
Ohio Revised Code § 5101.851
Q: Who is eligible for the KPI Program?
A: In order for a kinship caregiver to be eligible for KPI, all of the following criteria must be met:
1. A court has determined that it is in the child's best interest to be in the legal custody or in the legal guardianship of the kinship caregiver(s). Temporary orders do not apply;
2. The placement was approved by the public children services agency (PCSA) or private child placing agency (PCPA);
3. The gross income of the kinship caregiver(s) household with the child, does not exceed three hundred per cent of the federal poverty guidelines;
4. The kinship caregiver(s) is a resident of the State of Ohio; and
5. The child currently resides with the kinship caregiver(s).
Ohio Administrative Code § 5101:2-40-04
Q: Are grandparents/relatives entitled to receive preference in adoptive placement decisions?
A: If a relative has informed the agency of his/her desire to adopt the child, the agency must consider giving preference to the relative over a non-relative for the adoptive placement so long as the agency determines it is in the child's best interest.
Ohio Revised Code § 5103.161
Q: Can relatives ask for legal custody?
A: Yes. If a child has been taken into state custody because of abuse or neglect allegations, a relative may notify the court or agency of his/her interest in assuming legal custody of the child. Legal custody gives the custodian "the right to have physical care and control of the child and to determine where and with whom the child shall live, and the right and duty to protect, train, and discipline the child and to provide the child with food, shelter, education, and medical care, all subject to any residual parental rights, privileges, and responsibilities."
Legal custody is intended to be permanent in nature and lasts until the child reaches the age of majority. The child's parents retain some residual parental rights including visitation, consenting to adoption, determining the child's religious affiliation, and a support obligation.
Ohio Revised Code § 2151.011
Ohio Revised Code § 2151.353
Q: Can a relative ask for legal guardianship?
A: Yes. A relative may petition the probate court for guardianship of a minor. A guardian is responsible for the care and management of the child. Standby guardianships are available as well as limited guardianships (specific limited powers). A standby guardianship allows terminally ill parents to designate a guardian to assume the day-to-day care of a child without terminating the parent's rights. The guardianship is triggered by a specific event such as death, mental incapacity, or physical debilitation of the parent.
Ohio Revised Code §§ 2111.01 - 2111.24
Q: Are there any other options specifically for grandparents?
A: In Ohio, if the child lives with the grandparent, there are two documents which may provide the grandparent with authority over the child. Both documents listed below give the grandparent authority to make medical and educational decisions for the child when the parent is unable to do so. Both documents must be notarized and filed with the juvenile court. Neither document may be executed if the child is in state custody, and neither document affects the rights of the parent nor conveys legal custody to the grandparent.
Ohio Revised Code §§ 3109.52 - 3109.80
~Power of Attorney: A power of attorney must be executed by the parent and gives the grandparent authority over the child. It may only be executed if the parent is seriously ill, incarcerated or about to be incarcerated, temporarily unable to provide financial support or parental guidance to the child, temporarily unable to provide adequate care and supervision of the child because of the parent's mental condition, homeless or without a residence, or is in or about to enter a residential treatment program for substance abuse. The required form language can be found in Ohio Revised Code § 3109.53.
~Caretaker Authorization Affidavit: A caretaker authorization affidavit is executed by the grandparent when he/she is unable to locate the child's parents after making reasonable attempts to do so. The parent is able to later negate or reverse the grandparent's action. The required form language can be found in Ohio Revised Code § 3109.66.
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