Ohio Code § 3109.74
Ohio Code § 3109.74. Reproduced from the official Ohio Revised Code, with a citation summary, verification link, and related provisions.
§ 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.
Source: official Ohio text · Last verified 2026-08-27
At a glance
- Citation: Ohio Revised Code § 3109.74
- Jurisdiction: Ohio
- Code: Ohio Revised Code
- Text: transcribed from the official source (verify below)
Verify the text
Statute text is transcribed from the official Ohio Revised Code. Confirm it against the primary source before relying on it:
Not legal advice. Verify against the official source and consult a licensed Ohio attorney.
Common questions
What is the source of Ohio Revised Code § 3109.74?
The text above is transcribed from the Ohio Revised Code, the codified statutes of Ohio. The official publisher link appears under "Verify the text" on this page.
What subject does Ohio Revised Code § 3109.74 address?
It addresses the rule set out in the section text. Read the section together with the surrounding provisions listed under "Nearby provisions" for the full picture.
Is Ohio Revised Code § 3109.74 still in force?
Statutes are amended, repealed, and renumbered every session. Confirm the current version at the official Ohio source before relying on this text.
Can this page be used as legal advice?
No. This is a reference transcription for research. Applying Ohio law to your facts requires a licensed Ohio attorney who can review the specifics.