Ohio SB 58 and HB 913: Pending Kinship Care Law Changes for Non-Grandparent Relatives

The Gap in Current Ohio Law

Under current Ohio law, two of the fastest tools for establishing legal authority over a child — the Grandparent Power of Attorney (R.C. 3109.52) and the Caretaker Authorization Affidavit (R.C. 3109.65) — are available only to grandparents. Aunts, uncles, adult siblings, stepparents, and family friends who step in to raise a child cannot use either instrument, no matter how dire the circumstances.

This means a non-grandparent relative caring for a child often has no administrative authority until they file a formal court action. They cannot enroll the child in school through a POA, consent to medical treatment through a CAA, or access the administrative shortcuts that grandparents can. Their options are either to file for legal custody in Juvenile Court (a process that takes weeks to months) or to operate informally without documented authority.

Two companion bills in the 136th General Assembly aim to fix this.

Senate Bill 58

Sponsored by Senators Craig and Reynolds, S.B. 58 would amend Ohio's grandparent POA and CAA statutes to cover all "kinship caregivers" — not just grandparents. Under the bill's language, the following individuals would be eligible to execute a POA or CAA:

• Grandparents (already eligible under current law)
• Aunts and uncles
• Cousins
• Adult siblings
• Stepparents
• Any adult with an established family bond to the child ("fictive kin")

S.B. 58 focuses on expanding eligibility. Current R.C. 3109.53 already allows a POA when the signer is seriously ill, incarcerated or about to be, temporarily unable to provide support or care, homeless because a residence is destroyed or uninhabitable, entering residential substance-use treatment, when the other parent is deceased, or when the signer has a well-founded belief that the POA is in the child's best interest. H.B. 913 would add circumstances involving a parent's detention by law enforcement or inability to execute the POA in person.

House Bill 913

Sponsored by Representatives Sigrist and Ray, H.B. 913 is the companion bill in the Ohio House. It targets the same expansion: extending POA and CAA eligibility from grandparents to all kinship caregivers.

H.B. 913 additionally adds specific language covering situations where a parent is detained by law enforcement or is experiencing conditions that prevent them from executing the POA in person. This addresses a real-world gap: a parent arrested during a traffic stop or detained at a hearing may need someone to care for the child immediately, but cannot sign legal documents from a holding facility.

Current Status (October 2026)

Both bills remain in committee review. Neither has been enacted into law. Until one of these bills passes, current law restricts POA and CAA execution strictly to grandparents.

If you are an aunt, uncle, or other non-grandparent relative caring for a child in Ohio right now, the current statutes do not authorize you to execute the statutory Grandparent Power of Attorney or Caretaker Authorization Affidavit. Do not rely on a document purporting to use either statutory instrument.

What Non-Grandparent Relatives Can Do Right Now

While waiting for legislative change, non-grandparent relatives have these options:

Juvenile Court legal custody. Filing a complaint for legal custody under R.C. 2151.23(A)(2) is available to any relative or nonparent. It requires proving parental unsuitability under the In re Perales standard, but it provides the broadest and most durable authority.

Informal school enrollment. Some Ohio school districts accept enrollment by a caretaker who can demonstrate the child resides in the district, even without formal legal authority. This varies by district and is not guaranteed.

Medical consent in emergencies. Ohio law allows emergency medical treatment without parental or guardian consent when a child's life or health is at immediate risk. This does not help with routine medical care, prescriptions, or vaccinations.

Contact OhioKAN. The Ohio Kinship and Adoption Navigator program (1-844-644-6526) helps all kinship caregivers — not just grandparents — navigate available resources and connect with local support services.

What the Bills Would Mean if Passed

If S.B. 58 or H.B. 913 becomes law, a non-grandparent relative could execute a POA with a cooperating parent, or a CAA when parents are unreachable, and file it with the Juvenile Court — just as grandparents currently do. This would give them immediate administrative authority for school enrollment and medical consent without a full court proceeding.

The expansion would not change the rules for guardianship (R.C. 2111.02) or legal custody (R.C. 2151.23), which are already available to all relatives. It specifically addresses the POA/CAA instruments that currently exclude non-grandparents.

Stay Current

We will update this page as the legislative status changes. In the meantime, our Ohio Guardianship and Custody Court Process Guide covers every legal pathway available to kinship caregivers today, including the Juvenile Court custody process that non-grandparent relatives can use right now.

See more Ohio guides →