OHIO LEGISLATIVE SERVICE COMMISSION
Office of Research Legislative Budget
www.lsc.ohio.gov and Drafting Office
S.B. 338 Bill Analysis
135th General Assembly
Click here for S.B. 338’s Fiscal Note
Version: As Introduced
Primary Sponsors: Sens. Craig and Reynolds
Effective date:
Amy L. Archer, Research Analyst
SUMMARY
▪ Expands the authority granted under a grandparent power of attorney or a caretaker
authorization affidavit to include (1) specified relatives and (2) nonrelatives who have an
established relationship or bond with the child or the child’s family.
DETAILED ANALYSIS
Background
Under current law, a child’s parent, guardian, or custodian may create a power of
attorney that grants to the child’s grandparent with whom the child is residing any of the
parent’s, guardian’s, or custodian’s rights and responsibilities regarding the care, physical
custody, and control of the child.
Also under existing law, a grandparent may execute a caretaker authorization affidavit, if
the child is living with the grandparent and the grandparent has made reasonable attempts to
locate and contact both of the child’s parents, or the child’s guardian or custodian, but has been
unable to do so. A caretaker authorization affidavit authorizes the grandparent to exercise care,
physical custody, and control of the child.1
Rights and responsibilities regarding the child’s care include, for example, consenting to
medical treatment for the child and enrolling the child in school.
Eligibility expansion
The bill expands the authority granted under a grandparent power of attorney or a
caretaker authorization affidavit to additional persons by replacing the term “grandparent” with
“caretaker” throughout the statutes that govern grandparent powers of attorney and caretaker
1 R.C. 3109.52 and 3109.65.
December 20, 2024
Office of Research and Drafting LSC Legislative Budget Office
authorization affidavits.2 Further, it defines “caretaker” as any of the following who is 18 years
of age or older, is caring for a child in place of the child’s parents, and does not have legal custody
or guardianship of the child:
▪ Any of the following relatives by blood, adoption, or marriage: the child’s stepparent,
grandparent, stepgrandparent, uncle, aunt, sibling, stepsibling, half sibling, nephew,
niece, first cousin, or any relative denoted by the prefix “grand” or “great”;
▪ A nonrelative adult who has a relationship or bond with the child or the child’s family.3
The bill otherwise maintains the laws governing grandparent powers of attorney and
caretaker authorization affidavits.
HISTORY
Action Date
Introduced 11-26-24
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2 R.C. 3109.51 to 3109.76, with conforming changes in R.C. 3310.51 to 3313.672.
3 R.C. 3109.51(A).
P a g e |2 S.B. 338
As Introduced