Need your interpretation please

[janM]

I have a question about the HB130 (Ohio grandparents' law) that I mentioned in a previous post.

The first POA that we filed, both parents signed, as required:

Sec. 3109.56.  When a parent seeks to create a power of attorney pursuant to section 3109.52 of the Revised Code, all of the following apply:
(A) The power of attorney shall be executed by both parents if any of the following apply:
(1) The parents are married to each other and are living as husband and wife.
(2) The child is the subject of a shared parenting order issued pursuant to section 3109.04 of the Revised Code.
(3) The child is the subject of a custody order issued pursuant to section 3109.04 of the Revised Code unless one of the following is the case:
(a) The parent who is not the residential parent and legal custodian is prohibited from receiving a notice of relocation in accordance with section 3109.051 of the Revised Code.
(b) The parental rights of the parent who is not the residential parent and legal custodian have been terminated by order of a juvenile court pursuant to Chapter 2151. of the Revised Code.
(c) The parent who is not the residential parent and legal custodian cannot be located with reasonable efforts.

(B) In all other cases, the power of attorney may be executed only by one of the following persons:
(1) The parent who is the residential parent and legal custodian of the child, as determined by court order or as provided in section 3109.042 of the Revised Code;
(2) The parent with whom the child is residing the majority of the school year in cases in which no court has issued an order designating a parent as the residential parent and legal custodian of the child or section 3109.042 of the Revised Code is not applicable.

In A, number 3 applies, there is a custody case on file, so both signed.

However:

Sec. 3109.76.  If a second or subsequent power of attorney is created under section 3109.52 of the Revised Code regarding a child who is the subject of a prior power of attorney or a second or subsequent caretaker authorization affidavit is executed under section 3109.67 of the Revised Code regarding a child who is the subject of a prior affidavit, the person who creates the power of attorney or executes the affidavit must file it with the juvenile court of the county in which the grandparent designated as attorney in fact or the grandparent who executed the affidavit resides or with any other court that has jurisdiction over the child under a previously filed motion or proceeding.

Sec.  3109.77. (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 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.

1. Do both parents have to sign the second POA?

I don't see anything specific unless it's implied that ANY POA must be signed by both. I am thinking, if the custodial parent signs it, the NCP will get a notice of hearing and they can object or not.

Here is the link if you need to see more:
http://www.legislature.state.oh.us/bills.cfm?ID=125_HB_130

Thanks for your time.

[socrateaser]

>1. Do both parents have to sign the second POA?

Yes, both parents must sign, otherwise, the parent who wants to sign must obtain an order granting that parent sole authority to sign the document -- which, of course, would immediately lead to a hearing as to the child's welfare and ultimately, who should have custody.