As Introduced                            1            

123rd General Assembly                                             4            

   Regular Session                                  S. B. No. 181  5            

      1999-2000                                                    6            


            SENATORS SPADA-FINAN-JOHNSON-MUMPER-LATTA              8            


_________________________________________________________________   10           

                          A   B I L L                                           

             To amend sections 2151.011, 2151.02, 2151.022,        12           

                2151.18, 2151.23, 2151.25, 2151.26, 2151.27,       13           

                2151.28, 2151.313, 2151.315, 2151.34, 2151.35,                  

                2151.354, 2151.355, 2151.356, 2151.358, 2151.359,  14           

                2151.3512, 2151.47, 2901.07, 3321.14, 3321.18,     15           

                3321.19, 3321.20, 3321.38, 3730.99, and 4109.13,   16           

                to enact sections 2151.261 and 3321.191, and to    18           

                repeal section 3321.22 of the Revised Code to      19           

                require the parent, guardian, or legal custodian   20           

                of a child to attend all juvenile proceedings                   

                regarding the child; to authorize a juvenile       21           

                court to impose upon certain delinquent children   22           

                an adult conviction and sentence or a blended                   

                sentence with a delinquent child adjudication and  24           

                disposition and an adult conviction and sentence;               

                to expand the list of offenses and delinquent      26           

                acts for which criminal offenders and delinquent                

                children must submit DNA specimens; to define      28           

                "habitual truant" and "chronic truant" and         29           

                designate a chronic truant as a delinquent child;               

                to require a school district board of education    30           

                or educational service center governing board to   31           

                adopt intervention strategies addressing pupils'   32           

                habitual truancy; to grant a juvenile court        33           

                exclusive original jurisdiction over the failure   34           

                of a responsible adult to cause a truant child's   35           

                attendance at school, other Compulsory School Age               

                Law violations, and parental education neglect;    36           

                                                          2      


                                                                 
                to provide that unruly child complaints of         37           

                habitual truancy and delinquent child complaints                

                of chronic truancy be filed jointly against the    39           

                child and the person having care of the child; to               

                authorize a juvenile court to impose specified     40           

                orders against an habitually truant unruly child   41           

                and the person having care of that child; to       42           

                authorize a juvenile court to impose delinquent                 

                child dispositional orders against a chronically   43           

                truant delinquent child and specified orders                    

                against the person having care of that child; to   44           

                make other changes in Compulsory School Age Law;   45           

                to specifically permit a juvenile court to commit  46           

                a delinquent child to a detention home; to         47           

                require the notification of school officials if a               

                child who is 14 years of age or older is           48           

                adjudicated a delinquent child for any of a list                

                of specified acts; to prohibit sealing records of  50           

                children found to be delinquent children for any   51           

                of a list of specified acts; to provide specified  52           

                law enforcement officials with access to sealed                 

                delinquent child records for specified purposes;   53           

                and to provide victims of delinquent acts with     54           

                specified access to certain records related to     55           

                the perpetrator of the delinquent act.                          




BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:        57           

      Section 1.  That sections 2151.011, 2151.02, 2151.022,       59           

2151.18, 2151.23, 2151.25, 2151.26, 2151.27, 2151.28, 2151.313,    60           

2151.315, 2151.34, 2151.35, 2151.354, 2151.355, 2151.356,          61           

2151.358, 2151.359, 2151.3512, 2151.47, 2901.07, 3321.14,          62           

3321.18, 3321.19, 3321.20, 3321.38, 3730.99, and 4109.13 be        63           

amended and sections 2151.261 and 3321.191 of the Revised Code be  64           

                                                          3      


                                                                 
enacted to read as follows:                                        66           

      Sec. 2151.011.  (A)  As used in the Revised Code:            75           

      (1)  "Juvenile court" means the BOTH OF THE FOLLOWING:       77           

      (a)  THE division of the court of common pleas or a          80           

juvenile court separately and independently created having         81           

jurisdiction under this chapter;                                                

      (b)  THE GENERAL DIVISION OF A COURT OF COMMON PLEAS AFTER   84           

A CASE INVOLVING A CHILD ALLEGED TO BE A DELINQUENT CHILD HAS                   

BEEN TRANSFERRED TO THE GENERAL DIVISION OF THAT COURT PURSUANT    86           

TO SECTION 2151.261 OF THE REVISED CODE.  WHEN THE GENERAL         87           

DIVISION OF A COURT OF COMMON PLEAS IS A JUVENILE COURT UNDER      88           

DIVISION (A)(1)(b) OF THIS SECTION, THE DIVISION IS A JUVENILE     90           

COURT ONLY FOR THE PURPOSES OF HEARING THAT CASE, ADMINISTERING                 

ANY BLENDED SENTENCE IMPOSED IN THAT CASE, AND PERFORMING OTHER    92           

DUTIES OF A JUVENILE COURT THAT ARE RELATED TO THE CASE,           94           

INCLUDING, BUT NOT LIMITED TO, THE DUTIES DESCRIBED IN SECTIONS    95           

2151.18, 2151.358, 5139.22, 5139.34, 5139.42, AND 5139.43 OF THE   96           

REVISED CODE.                                                                   

      (2)  "Juvenile judge" means a BOTH OF THE FOLLOWING:         98           

      (a)  A judge of a court having jurisdiction under this       101          

chapter;                                                                        

      (b)  A JUDGE OF THE GENERAL DIVISION OF A COURT OF COMMON    103          

PLEAS WHEN THE JUDGE IS ACTING IN RELATION TO A CASE TRANSFERRED   104          

TO THE GENERAL DIVISION OF THAT COURT PURSUANT TO SECTION          105          

2151.261 OF THE REVISED CODE.  THE JUDGE IS A JUVENILE JUDGE ONLY  106          

FOR THE PURPOSES OF HEARING THAT CASE, ADMINISTERING ANY BLENDED   108          

SENTENCE IMPOSED IN THAT CASE, AND PERFORMING OTHER DUTIES OF A    109          

JUVENILE JUDGE THAT ARE RELATED TO THE CASE, INCLUDING, BUT NOT    110          

LIMITED TO, THE DUTIES DESCRIBED IN SECTIONS 2151.18, 2151.358,    111          

5139.22, 5139.34, 5139.42, AND 5139.43 OF THE REVISED CODE.        112          

      (3)  "Private child placing agency" means any association,   114          

as defined in section 5103.02 of the Revised Code, that is         115          

certified pursuant to sections 5103.03 to 5103.05 of the Revised   116          

Code to accept temporary, permanent, or legal custody of children  117          

                                                          4      


                                                                 
and place the children for either foster care or adoption.         118          

      (4)  "Private noncustodial agency" means any person,         120          

organization, association, or society certified by the department  121          

of human services that does not accept temporary or permanent      122          

legal custody of children, that is privately operated in this      123          

state, and that does one or more of the following:                 124          

      (a)  Receives and cares for children for two or more         126          

consecutive weeks;                                                 127          

      (b)  Participates in the placement of children in family     129          

foster homes;                                                      130          

      (c)  Provides adoption services in conjunction with a        132          

public children services agency or private child placing agency.   133          

      (B)  As used in this chapter:                                135          

      (1)  "Adequate parental care" means the provision by a       137          

child's parent or parents, guardian, or custodian of adequate      138          

food, clothing, and shelter to ensure the child's health and       139          

physical safety and the provision by a child's parent or parents   140          

of specialized services warranted by the child's physical or       141          

mental needs.                                                      142          

      (2)  "Adult" means an individual who is eighteen years of    144          

age or older.                                                      145          

      (3)  "Agreement for temporary custody" means a voluntary     147          

agreement authorized by section 5103.15 of the Revised Code that   149          

transfers the temporary custody of a child to a public children    150          

services agency or a private child placing agency.                 151          

      (4)  "Babysitting care" means care provided for a child      153          

while the parents, guardian, or legal custodian of the child are   154          

temporarily away.                                                  155          

      (5)  "Certified family foster home" means a family foster    157          

home operated by persons holding a certificate in force, issued    158          

under section 5103.03 of the Revised Code.                         159          

      (6)(a)  "Child" means a person who is under eighteen years   162          

of age, except as otherwise provided in divisions (B)(6)(b) to     163          

(f)(g) of this section.                                            164          

                                                          5      


                                                                 
      (b)  Subject to division (B)(6)(c) of this section, any      167          

person who violates a federal or state law or municipal ordinance  168          

prior to attaining eighteen years of age shall be deemed a                      

"child" irrespective of that person's age at the time the          169          

complaint is filed or the hearing on the complaint is held.        170          

      (c)  Any person who, while under eighteen years of age,      173          

commits an act that would be a felony if committed by an adult     174          

and who is not taken into custody or apprehended for that act                   

until after the person attains twenty-one years of age is not a    175          

child in relation to that act.                                     176          

      (d)  Any person whose case is transferred for criminal       178          

prosecution pursuant to division (B) or (C) of section 2151.26 of  179          

the Revised Code shall after the transfer be deemed not to be a    180          

child in the transferred case.                                     181          

      (e)  Subject to division (B)(6)(f) of this section, any      184          

person whose case is transferred for criminal prosecution          185          

pursuant to division (B) or (C) of section 2151.26 of the Revised  186          

Code and who subsequently is convicted of or pleads guilty to a    187          

felony in that case shall after the transfer be deemed not to be   189          

a child in any case in which the person is alleged to have         191          

committed prior to or subsequent to the transfer an act that       193          

would be an offense if committed by an adult.  Division (B)(6)(e)  194          

of this section applies to a case regardless of whether the prior  197          

or subsequent act that is alleged in the case and that would be                 

an offense if committed by an adult allegedly was committed in     198          

the same county in which the case was transferred or in another    200          

county and regardless of whether the complaint in the case         201          

involved was filed in the same county in which the case was        202          

transferred or in another county.  Division (B)(6)(e) of this      203          

section applies to a case that involves an act committed prior to  204          

the transfer only when the prior act alleged in the case has not   205          

been disposed of by a juvenile court or trial court.               206          

      (f)  Notwithstanding division (B)(6)(e) of this section, if  209          

a person's case is transferred for criminal prosecution pursuant   210          

                                                          6      


                                                                 
to division (B) or (C) of section 2151.26 of the Revised Code and  211          

if the person subsequently is convicted of or pleads guilty to a   212          

felony in that case, thereafter, the person shall be considered a  213          

child solely for the following purposes in relation to any act                  

the person subsequently commits that would be an offense if        214          

committed by an adult:                                             215          

      (i)  For purposes of the filing of a complaint alleging      217          

that the child is a delinquent child for committing the act that   218          

would be an offense if committed by an adult;                      219          

      (ii)  For purposes of the juvenile court conducting a        221          

hearing under division (B) of section 2151.26 of the Revised Code  223          

relative to the complaint described in division (B)(6)(f)(i) of    224          

this section to determine whether division (B)(1) of section       225          

2151.26 of the Revised Code applies and requires that the case be  227          

transferred for criminal prosecution to the appropriate court      228          

having jurisdiction of the offense.                                             

      (g)  ANY PERSON WHOSE CASE IS TRANSFERRED FOR CRIMINAL       230          

PROSECUTION PURSUANT TO SECTION 2151.261 OF THE REVISED CODE       231          

SHALL BE DEEMED NOT TO BE A CHILD IN THE TRANSFERRED CASE AFTER    232          

THE CONVICTION AND SENTENCE FOR THE OFFENSE INVOLVED AND THE       233          

COMMITMENT OF THE PERSON TO THE CUSTODY OF THE DEPARTMENT OF       234          

REHABILITATION AND CORRECTION PURSUANT TO DIVISION (E)(1)(b) OF    235          

THAT SECTION.                                                                   

      (7)  "Child day camp," "child day-care," "child day-care     237          

center," "part-time child day-care center," "type A family         240          

day-care home," "certified type B family day-care home," "type B   241          

home," "administrator of a child day-care center," "administrator  243          

of a type A family day-care home," "in-home aide," and             244          

"authorized provider" have the same meanings as in section         245          

5104.01 of the Revised Code.                                                    

      (8)  "Child day-care provider" means an individual who is a  248          

child-care staff member or administrator of a child day-care                    

center, a type A family day-care home, or a type B family          249          

day-care home, or an in-home aide or an individual who is          250          

                                                          7      


                                                                 
licensed, is regulated, is approved, operates under the direction  251          

of, or otherwise is certified by the department of human           252          

services, department of mental retardation and developmental       253          

disabilities, or the early childhood programs of the department    254          

of education.                                                      255          

      (9)  "CHRONIC TRUANT" MEANS ANY CHILD OF COMPULSORY SCHOOL   258          

AGE WHO IS ABSENT WITHOUT LEGITIMATE EXCUSE FOR ABSENCE FROM THE   259          

PUBLIC SCHOOL THE CHILD IS SUPPOSED TO ATTEND FOR SEVEN OR MORE    260          

CONSECUTIVE SCHOOL DAYS, TEN OR MORE SCHOOL DAYS IN ONE SCHOOL     261          

MONTH, OR FIFTEEN OR MORE SCHOOL DAYS IN A SCHOOL YEAR.            262          

      (10)  "Commit" means to vest custody as ordered by the       264          

court.                                                             265          

      (10)(11)  "Counseling" includes both of the following:       267          

      (a)  General counseling services performed by a public       270          

children services agency or shelter for victims of domestic        271          

violence to assist a child, a child's parents, and a child's       272          

siblings in alleviating identified problems that may cause or      274          

have caused the child to be an abused, neglected, or dependent     275          

child.                                                                          

      (b)  Psychiatric or psychological therapeutic counseling     278          

services provided to correct or alleviate any mental or emotional  280          

illness or disorder and performed by a licensed psychiatrist,                   

licensed psychologist, or a person licensed under Chapter 4757.    282          

of the Revised Code to engage in social work or professional       283          

counseling.                                                                     

      (11)(12)  "Custodian" means a person who has legal custody   285          

of a child or a public children services agency or private child   287          

placing agency that has permanent, temporary, or legal custody of  288          

a child.                                                           289          

      (12)(13)  "Detention" means the temporary care of children   291          

pending court adjudication or disposition, or execution of a       292          

court order, in a public or private facility designed to           293          

physically restrict the movement and activities of children.       294          

      (13)(14)  "Developmental disability" has the same meaning    296          

                                                          8      


                                                                 
as in section 5123.01 of the Revised Code.                         298          

      (14)(15)  "Family foster home" means a private residence in  300          

which children are received apart from their parents, guardian,    301          

or legal custodian by an individual for hire, gain, or reward for  302          

nonsecure care, supervision, or training twenty-four hours a day.  303          

"Family foster home" does not include babysitting care provided    304          

for a child in the home of a person other than the home of the     305          

parents, guardian, or legal custodian of the child.                306          

      (15)(16)  "Foster home" means a family home in which any     308          

child is received apart from the child's parents for care,         309          

supervision, or training.                                          311          

      (16)(17)  "Guardian" means a person, association, or         313          

corporation that is granted authority by a probate court pursuant  314          

to Chapter 2111. of the Revised Code to exercise parental rights   315          

over a child to the extent provided in the court's order and       316          

subject to the residual parental rights of the child's parents.    317          

      (17)(18)  "HABITUAL TRUANT" MEANS ANY CHILD OF COMPULSORY    319          

SCHOOL AGE WHO IS ABSENT WITHOUT LEGITIMATE EXCUSE FOR ABSENCE     321          

FROM THE PUBLIC SCHOOL THE CHILD IS SUPPOSED TO ATTEND FOR FIVE    323          

OR MORE CONSECUTIVE SCHOOL DAYS, SEVEN OR MORE SCHOOL DAYS IN ONE  324          

SCHOOL MONTH, OR TWELVE OR MORE SCHOOL DAYS IN A SCHOOL YEAR.      325          

      (19)  "Legal custody" means a legal status that vests in     327          

the custodian the right to have physical care and control of the   328          

child and to determine where and with whom the child shall live,   329          

and the right and duty to protect, train, and discipline the       331          

child and to provide the child with food, shelter, education, and  332          

medical care, all subject to any residual parental rights,         334          

privileges, and responsibilities.  An individual granted legal     335          

custody shall exercise the rights and responsibilities personally  336          

unless otherwise authorized by any section of the Revised Code or  337          

by the court.                                                      338          

      (18)(20)  A "LEGITIMATE EXCUSE FOR ABSENCE FROM THE PUBLIC   340          

SCHOOL THE CHILD IS SUPPOSED TO ATTEND" INCLUDES, BUT IS NOT       342          

LIMITED TO, ANY OF THE FOLLOWING:                                  343          

                                                          9      


                                                                 
      (a)  THE FACT THAT THE CHILD IN QUESTION HAS ENROLLED IN     345          

AND IS ATTENDING ANOTHER PUBLIC OR NONPUBLIC SCHOOL IN THIS OR     347          

ANOTHER STATE;                                                     348          

      (b)  THE FACT THAT THE CHILD IN QUESTION IS EXCUSED FROM     350          

ATTENDANCE AT SCHOOL FOR ANY OF THE REASONS SPECIFIED IN SECTION   351          

3321.04 OF THE REVISED CODE;                                       352          

      (c)  THE FACT THAT THE CHILD IN QUESTION HAS RECEIVED AN     354          

AGE AND SCHOOLING CERTIFICATE IN ACCORDANCE WITH SECTION 3331.01   355          

OF THE REVISED CODE.                                               356          

      (21)  "Mental illness" and "mentally ill person subject to   359          

hospitalization by court order" have the same meanings as in       360          

section 5122.01 of the Revised Code.                               361          

      (19)(22)  "Mental injury" means any behavioral, cognitive,   363          

emotional, or mental disorder in a child caused by an act or       364          

omission that is described in section 2919.22 of the Revised Code  365          

and is committed by the parent or other person responsible for     367          

the child's care.                                                               

      (20)(23)  "Mentally retarded person" has the same meaning    369          

as in section 5123.01 of the Revised Code.                         371          

      (21)(24)  "Nonsecure care, supervision, or training" means   373          

care, supervision, or training of a child in a facility that does  374          

not confine or prevent movement of the child within the facility   375          

or from the facility.                                              376          

      (22)(25)  "OF COMPULSORY SCHOOL AGE" HAS THE SAME MEANING    378          

AS IN SECTION 3321.01 OF THE REVISED CODE.                         379          

      (26)  "Organization" means any institution, public,          381          

semipublic, or private, and any private association, society, or   382          

agency located or operating in the state, incorporated or          383          

unincorporated, having among its functions the furnishing of       384          

protective services or care for children, or the placement of      385          

children in foster homes or elsewhere.                             386          

      (23)(27)  "Out-of-home care" means detention facilities,     388          

shelter facilities, foster homes, certified foster homes,          389          

placement in a prospective adoptive home prior to the issuance of  390          

                                                          10     


                                                                 
a final decree of adoption, organizations, certified               391          

organizations, child day-care centers, type A family day-care      392          

homes, child day-care provided by type B family day-care home      393          

providers and by in-home aides, group home providers, group        394          

homes, institutions, state institutions, residential facilities,   395          

residential care facilities, residential camps, day camps,         396          

hospitals, and medical clinics that are responsible for the care,  397          

physical custody, or control of children.                          398          

      (24)(28)  "Out-of-home care child abuse" means any of the    400          

following when committed by a person responsible for the care of   401          

a child in out-of-home care:                                       402          

      (a)  Engaging in sexual activity with a child in the         404          

person's care;                                                     405          

      (b)  Denial to a child, as a means of punishment, of proper  407          

or necessary subsistence, education, medical care, or other care   408          

necessary for a child's health;                                    409          

      (c)  Use of restraint procedures on a child that cause       411          

injury or pain;                                                    412          

      (d)  Administration of prescription drugs or psychotropic    414          

medication to the child without the written approval and ongoing   415          

supervision of a licensed physician;                               416          

      (e)  Commission of any act, other than by accidental means,  418          

that results in any injury to or death of the child in             419          

out-of-home care or commission of any act by accidental means      420          

that results in an injury to or death of a child in out-of-home    421          

care and that is at variance with the history given of the injury  422          

or death.                                                                       

      (25)(29)  "Out-of-home care child neglect" means any of the  424          

following when committed by a person responsible for the care of   425          

a child in out-of-home care:                                       426          

      (a)  Failure to provide reasonable supervision according to  428          

the standards of care appropriate to the age, mental and physical  429          

condition, or other special needs of the child;                    430          

      (b)  Failure to provide reasonable supervision according to  432          

                                                          11     


                                                                 
the standards of care appropriate to the age, mental and physical  433          

condition, or other special needs of the child, that results in    434          

sexual or physical abuse of the child by any person;               435          

      (c)  Failure to develop a process for all of the following:  437          

      (i)  Administration of prescription drugs or psychotropic    439          

drugs for the child;                                               440          

      (ii)  Assuring that the instructions of the licensed         442          

physician who prescribed a drug for the child are followed;        443          

      (iii)  Reporting to the licensed physician who prescribed    445          

the drug all unfavorable or dangerous side effects from the use    446          

of the drug.                                                       447          

      (d)  Failure to provide proper or necessary subsistence,     449          

education, medical care, or other individualized care necessary    450          

for the health or well-being of the child;                         451          

      (e)  Confinement of the child to a locked room without       453          

monitoring by staff;                                               454          

      (f)  Failure to provide ongoing security for all             456          

prescription and nonprescription medication;                       457          

      (g)  Isolation of a child for a period of time when there    459          

is substantial risk that the isolation, if continued, will impair  460          

or retard the mental health or physical well-being of the child.   461          

      (26)(30)  "Permanent custody" means a legal status that      463          

vests in a public children services agency or a private child      464          

placing agency, all parental rights, duties, and obligations,      465          

including the right to consent to adoption, and divests the        466          

natural parents or adoptive parents of all parental rights,        467          

privileges, and obligations, including all residual rights and     468          

obligations.                                                                    

      (27)(31)  "Planned permanent living arrangement" means an    471          

order of a juvenile court pursuant to which both of the following  472          

apply:                                                                          

      (a)  The court gives legal custody of a child to a public    474          

children services agency or a private child placing agency         475          

without the termination of parental rights.                        476          

                                                          12     


                                                                 
      (b)  The order permits the agency to make an appropriate     478          

placement of the child and to enter into a written agreement with  481          

a foster care provider or with another person or agency with whom  482          

the child is placed.                                                            

      (28)(32)  "Permanent surrender" means the act of the         484          

parents or, if a child has only one parent, of the parent of a     485          

child, by a voluntary agreement authorized by section 5103.15 of   487          

the Revised Code, to transfer the permanent custody of the child                

to a public children services agency or a private child placing    488          

agency.                                                            489          

      (29)(33)  "Person responsible for a child's care in          491          

out-of-home care" means any of the following:                      493          

      (a)  Any foster parent, in-home aide, or provider;           495          

      (b)  Any administrator, employee, or agent of any of the     497          

following:  a public or private detention facility; shelter        498          

facility; organization; certified organization; child day-care     499          

center; type A family day-care home; certified type B family       500          

day-care home; group home; institution; state institution;         501          

residential facility; residential care facility; residential       502          

camp; day camp; hospital; or medical clinic;                       503          

      (c)  Any other person who performs a similar function with   505          

respect to, or has a similar relationship to, children.            506          

      (30)(34)  "Physically impaired" means having one or more of  508          

the following conditions that substantially limit one or more of   509          

an individual's major life activities, including self-care,        510          

receptive and expressive language, learning, mobility, and         511          

self-direction:                                                                 

      (a)  A substantial impairment of vision, speech, or          513          

hearing;                                                                        

      (b)  A congenital orthopedic impairment;                     515          

      (c)  An orthopedic impairment caused by disease, rheumatic   518          

fever or any other similar chronic or acute health problem, or     519          

amputation or another similar cause.                                            

      (31)(35)  "Placement for adoption" means the arrangement by  521          

                                                          13     


                                                                 
a public children services agency or a private child placing       522          

agency with a person for the care and adoption by that person of   523          

a child of whom the agency has permanent custody.                  524          

      (32)(36)  "Placement in foster care" means the arrangement   527          

by a public children services agency or a private child placing                 

agency for the out-of-home care of a child of whom the agency has  528          

temporary custody or permanent custody.                            529          

      (33)(37)  "Practice of social work" and "practice of         531          

professional counseling" have the same meanings as in section      533          

4757.01 of the Revised Code.                                       534          

      (34)(38)  "Probation" means a legal status created by court  536          

order following an adjudication that a child is a delinquent       537          

child, a juvenile traffic offender, or an unruly child, whereby    538          

the child is permitted to remain in the parent's, guardian's, or   539          

custodian's home subject to supervision, or under the supervision  540          

of any agency designated by the court and returned to the court    541          

for violation of probation at any time during the period of        542          

probation.                                                         543          

      (35)(39)  "Protective supervision" means an order of         545          

disposition pursuant to which the court permits an abused,         546          

neglected, dependent, unruly, or delinquent child or a juvenile    547          

traffic offender to remain in the custody of the child's parents,  548          

guardian, or custodian and stay in the child's home, subject to    549          

any conditions and limitations upon the child, the child's         551          

parents, guardian, or custodian, or any other person that the      553          

court prescribes, including supervision as directed by the court   554          

for the protection of the child.                                   555          

      (36)(40)  "Psychiatrist" has the same meaning as in section  557          

5122.01 of the Revised Code.                                       558          

      (37)(41)  "Psychologist" has the same meaning as in section  560          

4732.01 of the Revised Code.                                       561          

      (38)(42)  "Residential camp" means a program in which the    563          

care, physical custody, or control of children is accepted         566          

overnight for recreational or recreational and educational         567          

                                                          14     


                                                                 
purposes.                                                                       

      (39)(43)  "Residential care facility" means an institution,  569          

residence, or facility that is licensed by the department of       570          

mental health under section 5119.22 of the Revised Code and that   571          

provides care for a child.                                         572          

      (40)(44)  "Residential facility" means a home or facility    574          

that is licensed by the department of mental retardation and       575          

developmental disabilities under section 5123.19 of the Revised    576          

Code and in which a child with a developmental disability          577          

resides.                                                           578          

      (41)(45)  "Residual parental rights, privileges, and         580          

responsibilities" means those rights, privileges, and              581          

responsibilities remaining with the natural parent after the       582          

transfer of legal custody of the child, including, but not         583          

necessarily limited to, the privilege of reasonable visitation,    584          

consent to adoption, the privilege to determine the child's        585          

religious affiliation, and the responsibility for support.         586          

      (42)(46)  "SCHOOL DAY" MEANS THE SCHOOL DAY ESTABLISHED BY   588          

THE STATE BOARD OF EDUCATION PURSUANT TO SECTION 3313.48 OF THE    590          

REVISED CODE.                                                      591          

      (47)  "SCHOOL MONTH" AND "SCHOOL YEAR" HAVE THE SAME         593          

MEANINGS AS IN SECTION 3313.62 OF THE REVISED CODE.                594          

      (48)  "Secure correctional facility" means a facility under  597          

the direction of the department of youth services that is                       

designed to physically restrict the movement and activities of     598          

children and used for the placement of children after              599          

adjudication and disposition.                                                   

      (43)(49)  "Sexual activity" has the same meaning as in       601          

section 2907.01 of the Revised Code.                               602          

      (44)(50)  "Shelter" means the temporary care of children in  604          

physically unrestricted facilities pending court adjudication or   605          

disposition.                                                       606          

      (45)(51)  "Shelter for victims of domestic violence" has     608          

the same meaning as in section 3113.33 of the Revised Code.        609          

                                                          15     


                                                                 
      (46)(52)  "Temporary custody" means legal custody of a       611          

child who is removed from the child's home, which custody may be   612          

terminated at any time at the discretion of the court or, if the   614          

legal custody is granted in an agreement for temporary custody,    615          

by the person who executed the agreement.                          616          

      (C)  For the purposes of this chapter, a child shall be      618          

presumed abandoned when the parents of the child have failed to    619          

visit or maintain contact with the child for more than ninety      620          

days, regardless of whether the parents resume contact with the    621          

child after that period of ninety days.                            622          

      Sec. 2151.02.  As used in this chapter, "delinquent child"   631          

includes any of the following:                                     632          

      (A)  Any child who violates any law of this state or the     634          

United States, or any ordinance or regulation of a political       635          

subdivision of the state, that would be a crime if committed by    636          

an adult, except as provided in section 2151.021 of the Revised    637          

Code;                                                                           

      (B)  Any child who violates any lawful order of the court    639          

made under this chapter;                                           640          

      (C)  Any child who violates division (A) of section          642          

2923.211 of the Revised Code;                                      643          

      (D)  Any child who violates division (A)(1) or (2) of        645          

section 3730.07 of the Revised Code;                               646          

      (E)  ANY CHILD WHO IS AN HABITUAL TRUANT AND WHO PREVIOUSLY  648          

HAS BEEN ADJUDICATED AN UNRULY CHILD FOR BEING AN HABITUAL         649          

TRUANT;                                                                         

      (F)  ANY CHILD WHO IS A CHRONIC TRUANT.                      651          

      Sec. 2151.022.  As used in this chapter, "unruly child"      660          

includes any of the following:                                     661          

      (A)  Any child who does not subject himself or herself THE   663          

CHILD'S SELF to the reasonable control of his or her THE CHILD'S   666          

parents, teachers, guardian, or custodian, by reason of being      668          

wayward or habitually disobedient;                                              

      (B)  Any child who is an habitual PERSISTENTLY truant from   670          

                                                          16     


                                                                 
home or school;                                                    672          

      (C)  ANY CHILD WHO IS AN HABITUAL TRUANT FROM SCHOOL AND     674          

WHO PREVIOUSLY HAS NOT BEEN ADJUDICATED AN UNRULY CHILD FOR BEING  675          

AN HABITUAL TRUANT;                                                             

      (D)  Any child who so deports himself or herself THE         677          

CHILD'S SELF as to injure or endanger his or her THE CHILD'S OWN   681          

health or morals or the health or morals of others;                682          

      (D)(E)  Any child who attempts to enter the marriage         684          

relation in any state without the consent of his or her THE        686          

CHILD'S parents, custodian, or legal guardian or other legal       688          

authority;                                                                      

      (E)(F)  Any child who is found in a disreputable place,      690          

visits or patronizes a place prohibited by law, or associates      692          

with vagrant, vicious, criminal, notorious, or immoral persons;    693          

      (F)(G)  Any child who engages in an occupation prohibited    695          

by law or is in a situation dangerous to life or limb or           697          

injurious to his or her THE CHILD'S OWN health or morals or the    699          

health or morals of others;                                                     

      (G)(H)  Any child who violates a law, other than division    701          

(A) of section 2923.211 of the Revised Code, that is applicable    703          

only to a child.                                                                

      Sec. 2151.18.  (A)(1)  The juvenile court shall maintain     712          

records of all official cases brought before it, including BUT     713          

NOT LIMITED TO, an appearance docket, a journal, and a cashbook,   715          

RECORDS OF THE TYPE REQUIRED BY DIVISION (A)(2) OF SECTION         716          

2151.35 OF THE REVISED CODE, AND, IN CASES PERTAINING TO AN        717          

ALLEGED DELINQUENT CHILD, ARREST AND CUSTODY RECORDS, COMPLAINTS,  718          

JOURNAL ENTRIES, AND HEARING SUMMARIES.  The court shall maintain  720          

a separate docket for traffic cases and shall record all traffic   721          

cases on the separate docket instead of on the general appearance  723          

docket.  The parents of any child affected, if they are living,    724          

or the nearest of kin of the child, if the parents are deceased,   725          

may inspect these records, either in person or by counsel during   726          

the hours in which the court is open.                                           

                                                          17     


                                                                 
      THE PERSON WHO IS IDENTIFIED AS THE VICTIM OF A DELINQUENT   728          

ACT IN A POLICE REPORT OR IN A COMPLAINT THAT ALLEGES THE          729          

COMMISSION OF A DELINQUENT ACT AND THAT PROVIDES THE BASIS FOR     730          

THE JUVENILE COURT DELINQUENT CHILD PROCEEDING UNDER THIS          731          

CHAPTER, OR IF THAT PERSON IS A MINOR OR IS INCAPACITATED,         732          

INCOMPETENT, OR DECEASED, A MEMBER OF THAT PERSON'S FAMILY, MAY    733          

INSPECT ALL ARREST AND CUSTODY RECORDS PERTAINING TO THE           734          

DELINQUENT ACT AND ALL GENERAL COURT RECORDS, INCLUDING BUT NOT    735          

LIMITED TO, ALL COMPLAINTS, JOURNAL ENTRIES, AND HEARING           736          

SUMMARIES, THAT PERTAIN TO THAT ACT.                                            

      (2)  The juvenile court shall send to the superintendent of  738          

the bureau of criminal identification and investigation, pursuant  739          

to section 109.57 of the Revised Code, a weekly report containing  740          

a summary of each case that has come before it and that involves   741          

an adjudication that a child is a delinquent child for committing  742          

an act that would be a felony or an offense of violence if         745          

committed by an adult.                                                          

      (B)  The clerk of the court shall maintain a statistical     747          

record that includes all of the following:                         748          

      (1)  The number of complaints that are filed with the court  750          

that allege that a child is a delinquent child, in relation to     751          

which the court determines under division (D) of section 2151.27   752          

of the Revised Code that the victim of the alleged delinquent act  754          

was sixty-five years of age or older or permanently and totally    755          

disabled at the time of the alleged commission of the act;         756          

      (2)  The number of complaints described in division (B)(1)   758          

of this section that result in the child being adjudicated a       759          

delinquent child;                                                  760          

      (3)  The number of complaints described in division (B)(2)   762          

of this section in which the act upon which the delinquent child   763          

adjudication is based caused property damage or would be a theft   764          

offense, as defined in division (K) of section 2913.01 of the      765          

Revised Code, if committed by an adult;                            766          

      (4)  The number of complaints described in division (B)(3)   768          

                                                          18     


                                                                 
of this section that result in the delinquent child being          769          

required as an order of disposition made under division            771          

(A)(8)(b)(11) of section 2151.355 of the Revised Code to make      772          

restitution for all or part of the property damage caused by the   773          

child's delinquent act or for all or part of the value of the      775          

property that was the subject of the delinquent act that would be  776          

a theft offense if committed by an adult;                          777          

      (5)  The number of complaints described in division (B)(2)   779          

of this section in which the act upon which the delinquent child   780          

adjudication is based would have been an offense of violence if    781          

committed by an adult;                                             782          

      (6)  The number of complaints described in division (B)(5)   784          

of this section that result in the delinquent child being          785          

committed as an order of disposition made under division (A)(3),   786          

(4), (5), (6), or (7) of section 2151.355 of the Revised Code to   787          

any facility for delinquent children operated by the county, a     788          

district, or a private agency or organization or to the            789          

department of youth services;                                      790          

      (7)  The number of complaints described in division (B)(1)   792          

of this section that result in the case being transferred for      793          

criminal prosecution to an appropriate court having jurisdiction   794          

of the offense under section 2151.26 of the Revised Code;          795          

      (8)  THE NUMBER OF COMPLAINTS DESCRIBED IN DIVISION (B)(5)   797          

OF THIS SECTION THAT RESULT IN THE CASE BEING TRANSFERRED FOR      798          

CRIMINAL PROSECUTION TO THE GENERAL DIVISION OF A COURT OF COMMON  799          

PLEAS UNDER SECTION 2151.261 OF THE REVISED CODE.                  800          

      (C)  The clerk of the court shall compile an annual summary  802          

covering the preceding calendar year showing all of the            803          

information for that year contained in the statistical record      804          

maintained under division (B) of this section.  The statistical    805          

record and the annual summary shall be public records open for     806          

inspection.  Neither the statistical record nor the annual         807          

summary shall include the identity of any party to a case.         808          

      (D)  Not later than June of each year, the court shall       810          

                                                          19     


                                                                 
prepare an annual report covering the preceding calendar year      811          

showing the number and kinds of cases that have come before it,    812          

the disposition of the cases, and any other data pertaining to     813          

the work of the court that the juvenile judge directs.  The court  815          

shall file copies of the report with the board of county                        

commissioners.  With the approval of the board, the court may      816          

print or cause to be printed copies of the report for              817          

distribution to persons and agencies interested in the court or    819          

community program for dependent, neglected, abused, or delinquent  820          

children and juvenile traffic offenders.  The court shall include  821          

the number of copies ordered printed and the estimated cost of                  

each printed copy on each copy of the report printed for           822          

distribution.                                                      823          

      Sec. 2151.23.  (A)  The juvenile court has exclusive         832          

original jurisdiction under the Revised Code as follows:           833          

      (1)  Concerning SUBJECT TO DIVISION (J) OF THIS SECTION,     835          

CONCERNING any child who on or about the date specified in the     837          

complaint is alleged to be a juvenile traffic offender or a        838          

delinquent, unruly, abused, neglected, or dependent child AND      840          

CONCERNING THE PARENT, GUARDIAN, OR OTHER PERSON HAVING CARE OF A  841          

CHILD WHO IS ALLEGED TO BE AN UNRULY OR DELINQUENT CHILD FOR                    

BEING AN HABITUAL OR CHRONIC TRUANT;                               843          

      (2)  Subject to division (V) of section 2301.03 of the       845          

Revised Code, to determine the custody of any child not a ward of  846          

another court of this state;                                       847          

      (3)  To hear and determine any application for a writ of     849          

habeas corpus involving the custody of a child;                    850          

      (4)  To exercise the powers and jurisdiction given the       852          

probate division of the court of common pleas in Chapter 5122. of  854          

the Revised Code, if the court has probable cause to believe that  855          

a child otherwise within the jurisdiction of the court is a                     

mentally ill person subject to hospitalization by court order, as  856          

defined in section 5122.01 of the Revised Code;                    857          

      (5)  To hear and determine all criminal cases charging       859          

                                                          20     


                                                                 
adults with the violation of any section of this chapter;          860          

      (6)  To hear and determine all criminal cases in which an    862          

adult is charged with a violation of division (C) of section       863          

2919.21, division (B)(1) of section 2919.22, SECTION 2919.222,     864          

division (B) of section 2919.23, or section 2919.24 of the         866          

Revised Code, provided the charge is not included in an            867          

indictment that also charges the alleged adult offender with the   868          

commission of a felony arising out of the same actions that are    869          

the basis of the alleged violation of division (C) of section      870          

2919.21, division (B)(1) of section 2919.22, SECTION 2919.222,     871          

division (B) of section 2919.23, or section 2919.24 of the         873          

Revised Code;                                                                   

      (7)  Under the interstate compact on juveniles in section    875          

2151.56 of the Revised Code;                                       876          

      (8)  Concerning any child who is to be taken into custody    878          

pursuant to section 2151.31 of the Revised Code, upon being        879          

notified of the intent to take the child into custody and the      880          

reasons for taking the child into custody;                         881          

      (9)  To hear and determine requests for the extension of     883          

temporary custody agreements, and requests for court approval of   884          

permanent custody agreements, that are filed pursuant to section   885          

5103.15 of the Revised Code;                                       886          

      (10)  To hear and determine applications for consent to      888          

marry pursuant to section 3101.04 of the Revised Code;             889          

      (11)  Subject to division (V) of section 2301.03 of the      891          

Revised Code, to hear and determine a request for an order for     892          

the support of any child if the request is not ancillary to an     893          

action for divorce, dissolution of marriage, annulment, or legal   894          

separation, a criminal or civil action involving an allegation of  895          

domestic violence, or an action for support brought under Chapter  896          

3115. of the Revised Code;                                         897          

      (12)  Concerning an action commenced under section 121.38    899          

of the Revised Code;                                               900          

      (13)  Concerning an action commenced under section 2151.55   902          

                                                          21     


                                                                 
of the Revised Code;                                               903          

      (14)  TO HEAR AND DETERMINE VIOLATIONS OF SECTION 3321.38    905          

OF THE REVISED CODE;                                                            

      (15)  SUBJECT TO DIVISION (J) OF THIS SECTION, TO EXERCISE   907          

JURISDICTION AND AUTHORITY OVER THE PARENT, GUARDIAN, OR OTHER     909          

PERSON HAVING CARE OF A CHILD ALLEGED TO BE A DELINQUENT CHILD,    910          

UNRULY CHILD, OR JUVENILE TRAFFIC OFFENDER.                        911          

      (B)  The juvenile court has original jurisdiction under the  913          

Revised Code:                                                      914          

      (1)  To hear and determine all cases of misdemeanors         916          

charging adults with any act or omission with respect to any       917          

child, which act or omission is a violation of any state law or    918          

any municipal ordinance;                                           919          

      (2)  To determine the paternity of any child alleged to      921          

have been born out of wedlock pursuant to sections 3111.01 to      922          

3111.19 of the Revised Code;                                       923          

      (3)  Under the uniform interstate family support act in      927          

Chapter 3115. of the Revised Code;                                              

      (4)  To hear and determine an application for an order for   929          

the support of any child, if the child is not a ward of another    930          

court of this state;                                               931          

      (5)  To hear and determine an action commenced under         933          

section 5101.314 of the Revised Code.                              934          

      (C)  The juvenile court, except as to juvenile courts that   936          

are a separate division of the court of common pleas or a          937          

separate and independent juvenile court, has jurisdiction to       938          

hear, determine, and make a record of any action for divorce or    939          

legal separation that involves the custody or care of children     940          

and that is filed in the court of common pleas and certified by    941          

the court of common pleas with all the papers filed in the action  942          

to the juvenile court for trial, provided that no certification    943          

of that nature shall be made to any juvenile court unless the      945          

consent of the juvenile judge first is obtained.  After a          946          

certification of that nature is made and consent is obtained, the  948          

                                                          22     


                                                                 
juvenile court shall proceed as if the action originally had been  949          

begun in that court, except as to awards for spousal support or    950          

support due and unpaid at the time of certification, over which    951          

the juvenile court has no jurisdiction.                                         

      (D)  The juvenile court has jurisdiction to hear and         953          

determine all matters as to custody and support of children duly   954          

certified by the court of common pleas to the juvenile court       955          

after a divorce decree has been granted, including jurisdiction    956          

to modify the judgment and decree of the court of common pleas as  957          

the same relate to the custody and support of children.            958          

      (E)  The juvenile court has jurisdiction to hear and         960          

determine the case of any child certified to the court by any      961          

court of competent jurisdiction if the child comes within the      962          

jurisdiction of the juvenile court as defined by this section.     963          

      (F)(1)  The juvenile court shall exercise its jurisdiction   965          

in child custody matters in accordance with sections 3109.04,      966          

3109.21 to 3109.36, and 5103.20 to 5103.28 of the Revised Code.    967          

      (2)  The juvenile court shall exercise its jurisdiction in   969          

child support matters in accordance with section 3109.05 of the    970          

Revised Code.                                                      971          

      (G)(1)  Each order for child support made or modified by a   973          

juvenile court shall include as part of the order a general        975          

provision, as described in division (A)(1) of section 3113.21 of   976          

the Revised Code, requiring the withholding or deduction of        977          

income or assets of the obligor under the order as described in    979          

division (D) of section 3113.21 of the Revised Code, or another    980          

type of appropriate requirement as described in division (D)(3),   981          

(D)(4), or (H) of that section, to ensure that withholding or      983          

deduction from the income or assets of the obligor is available    985          

from the commencement of the support order for collection of the   986          

support and of any arrearages that occur; a statement requiring    987          

all parties to the order to notify the child support enforcement   988          

agency in writing of their current mailing address, current        989          

residence address, current residence telephone number, and         990          

                                                          23     


                                                                 
current driver's license number, and any changes to that           992          

information; and a notice that the requirement to notify the       994          

child support enforcement agency of all changes to that                         

information continues until further notice from the court.  Any    996          

juvenile court that makes or modifies an order for child support   997          

shall comply with sections 3113.21 to 3113.219 of the Revised      999          

Code.  If any person required to pay child support under an order  1,000        

made by a juvenile court on or after April 15, 1985, or modified   1,001        

on or after December 1, 1986, is found in contempt of court for    1,002        

failure to make support payments under the order, the court that   1,003        

makes the finding, in addition to any other penalty or remedy      1,004        

imposed, shall assess all court costs arising out of the contempt  1,005        

proceeding against the person and require the person to pay any    1,006        

reasonable attorney's fees of any adverse party, as determined by  1,007        

the court, that arose in relation to the act of contempt.          1,008        

      (2)  Notwithstanding section 3109.01 of the Revised Code,    1,010        

if a juvenile court issues a child support order under this        1,011        

chapter, the order shall remain in effect beyond the child's       1,012        

eighteenth birthday as long as the child continuously attends on   1,013        

a full-time basis any recognized and accredited high school or     1,014        

the order provides that the duty of support of the child           1,015        

continues beyond the child's eighteenth birthday.  Except in       1,016        

cases in which the order provides that the duty of support         1,017        

continues for any period after the child reaches nineteen years    1,018        

of age the order shall not remain in effect after the child        1,019        

reaches nineteen years of age.  Any parent ordered to pay support  1,021        

under a child support order issued under this chapter shall        1,022        

continue to pay support under the order, including during          1,023        

seasonal vacation periods, until the order terminates.             1,024        

      (H)  If a child who is charged with an act that would be an  1,026        

offense if committed by an adult was fourteen years of age or      1,027        

older and under eighteen years of age at the time of the alleged   1,028        

act and if the case is transferred for criminal prosecution        1,029        

pursuant to section 2151.26 of the Revised Code, the juvenile      1,031        

                                                          24     


                                                                 
court does not have jurisdiction to hear or determine the case     1,032        

subsequent to the transfer.  The court to which the case is        1,033        

transferred for criminal prosecution pursuant to that section has  1,034        

jurisdiction subsequent to the transfer to hear and determine the  1,035        

case in the same manner as if the case originally had been         1,036        

commenced in that court, including, but not limited to,                         

jurisdiction to accept a plea of guilty or another plea            1,037        

authorized by Criminal Rule 11 or another section of the Revised   1,039        

Code and jurisdiction to accept a verdict and to enter a judgment  1,040        

of conviction pursuant to the Rules of Criminal Procedure against  1,041        

the child for the commission of the offense that was the basis of  1,042        

the transfer of the case for criminal prosecution, whether the     1,043        

conviction is for the same degree or a lesser degree of the        1,044        

offense charged, for the commission of a lesser-included offense,  1,045        

or for the commission of another offense that is different from    1,046        

the offense charged.                                               1,047        

      (I)  If a person under eighteen years of age allegedly       1,050        

commits an act that would be a felony if committed by an adult     1,051        

and if the person is not taken into custody or apprehended for                  

that act until after the person attains twenty-one years of age,   1,052        

the juvenile court does not have jurisdiction to hear or           1,053        

determine any portion of the case charging the person with         1,054        

committing that act.  In those circumstances, divisions (B) and    1,055        

(C) of section 2151.26 of the Revised Code do not apply regarding  1,056        

the act, the case charging the person with committing the act      1,057        

shall be a criminal prosecution commenced and heard in the         1,058        

appropriate court having jurisdiction of the offense as if the     1,059        

person had been eighteen years of age or older when the person     1,060        

committed the act, all proceedings pertaining to the act shall be               

within the jurisdiction of the court having jurisdiction of the    1,061        

offense, and the court having jurisdiction of the offense has all  1,062        

the authority and duties in the case as it has in other criminal   1,063        

cases commenced in that court.                                                  

      (J)  IF A CASE CONCERNING AN ALLEGED DELINQUENT CHILD HAS    1,065        

                                                          25     


                                                                 
BEEN TRANSFERRED TO THE GENERAL DIVISION OF A COURT OF COMMON      1,066        

PLEAS PURSUANT TO SECTION 2151.261 OF THE REVISED CODE, THE        1,067        

GENERAL DIVISION OF THAT COURT OF COMMON PLEAS HAS EXCLUSIVE       1,068        

JURISDICTION OVER THE CASE, INCLUDING EXCLUSIVE JURISDICTION AND   1,069        

AUTHORITY OVER THE PARENT, GUARDIAN, OR OTHER PERSON HAVING CARE   1,070        

OF THE ALLEGED DELINQUENT CHILD.                                   1,071        

      Sec. 2151.25.  When a child is arrested under any charge,    1,080        

complaint, affidavit, or indictment for a felony or a              1,081        

misdemeanor, proceedings regarding the child initially shall be    1,083        

in the juvenile court in accordance with this chapter.  If the     1,084        

child is taken before a judge of a county court, a mayor, a judge  1,085        

of a municipal court, or a judge of a court of common pleas other  1,087        

than a juvenile court, the THAT judge of the county court, mayor,  1,089        

judge of the municipal court, or judge of the court of common      1,090        

pleas shall transfer the case to the juvenile court, and, upon.    1,091        

UPON the transfer, the proceedings shall be in accordance with     1,094        

this chapter.  Upon the transfer, all further proceedings under    1,095        

the charge, complaint, information, or indictment shall be         1,096        

discontinued in the court of the judge of the county court,        1,097        

mayor, municipal judge, or judge of the court of common pleas      1,099        

other than a juvenile court MAKING THE TRANSFER subject to         1,100        

section SECTIONS 2151.26 AND 2151.261 of the Revised Code, and     1,101        

the case relating to the child then shall be within the exclusive  1,104        

jurisdiction of the juvenile court subject to section SECTIONS     1,105        

2151.26 AND 2151.261 of the Revised Code.                          1,106        

      Sec. 2151.26.  (A)  As used in this section AND SECTION      1,115        

2151.261 OF THE REVISED CODE:                                                   

      (1)  "Category one offense" means any of the following:      1,117        

      (a)  A violation of section 2903.01 or 2903.02 of the        1,119        

Revised Code;                                                      1,120        

      (b)  A violation of section 2923.02 of the Revised Code      1,123        

involving an attempt to commit aggravated murder or murder.        1,124        

      (2)  "Category two offense" means any of the following:      1,126        

      (a)  A violation of section 2903.03, 2905.01, 2907.02,       1,128        

                                                          26     


                                                                 
2909.02, 2911.01, or 2911.11 of the Revised Code;                  1,130        

      (b)  A violation of section 2903.04 of the Revised Code      1,132        

that is a felony of the first degree;                              1,133        

      (c)  A violation of section 2907.12 of the Revised Code as   1,135        

it existed prior to September 3, 1996.                             1,136        

      (3)  "Firearm" has the same meaning as in section 2923.11    1,138        

of the Revised Code.                                               1,139        

      (4)  "Act charged" means the act that a child allegedly      1,141        

committed and that is identified in a complaint alleging that the  1,142        

child is a delinquent child as the act that is the basis of the    1,143        

child being a delinquent child.                                                 

      (B)  After EXCEPT AS OTHERWISE PROVIDED IN SECTION 2151.261  1,145        

OF THE REVISED CODE, AFTER a complaint has been filed alleging     1,146        

that a child is a delinquent child for committing an act that      1,147        

would be an offense if committed by an adult, the court at a       1,148        

hearing shall transfer the case for criminal prosecution to the    1,149        

appropriate court having jurisdiction of the offense if the child  1,150        

was fourteen years of age or older at the time of the act          1,151        

charged, if there is probable cause to believe that the child                   

committed the act charged, and if one or more of the following     1,152        

applies to the child or the act charged:                           1,153        

      (1)  A complaint previously was filed in a juvenile court    1,155        

alleging that the child was a delinquent child for committing an   1,156        

act that would be an offense if committed by an adult, the         1,157        

juvenile court transferred the case pursuant to division (B) or    1,158        

(C) of this section for criminal prosecution to the appropriate    1,159        

court having jurisdiction of the offense, and the child was        1,160        

convicted of or pleaded guilty to a felony in that case.           1,161        

      (2)  The child is domiciled in another state, and, if the    1,163        

act charged had been committed in that other state, the child      1,164        

would be subject to criminal prosecution as an adult under the     1,165        

law of that other state without the need for a transfer of         1,166        

jurisdiction from a juvenile, family, or similar noncriminal       1,167        

court to a criminal court.                                         1,168        

                                                          27     


                                                                 
      (3)  The act charged is a category one offense, and either   1,172        

or both of the following apply to the child:                       1,173        

      (a)  The child was sixteen years of age or older at the      1,176        

time of the act charged.                                                        

      (b)  The child previously was adjudicated a delinquent       1,179        

child for committing an act that is a category one offense or a                 

category two offense and was committed to the legal custody of     1,180        

the department of youth services upon the basis of that            1,181        

adjudication.                                                                   

      (4)  The act charged is a category two offense, other than   1,184        

a violation of section 2905.01 of the Revised Code, the child was  1,185        

sixteen years of age or older at the time of the commission of     1,187        

the act charged, and either or both of the following apply to the  1,188        

child:                                                                          

      (a)  The child previously was adjudicated a delinquent       1,191        

child for committing an act that is a category one offense or a    1,192        

category two offense and was committed to the legal custody of                  

the department of youth services upon the basis of that            1,193        

adjudication.                                                                   

      (b)  The child is alleged to have had a firearm on or about  1,195        

the child's person or under the child's control while committing   1,196        

the act charged and to have displayed the firearm, brandished the  1,197        

firearm, indicated possession of the firearm, or used the firearm  1,198        

to facilitate the commission of the act charged.                   1,199        

      (C)(1)  Except as provided in division (B) of this section   1,202        

AND IN SECTION 2151.261 OF THE REVISED CODE and subject to                      

division (C)(4) of this section, after a complaint has been filed  1,204        

alleging that a child is a delinquent child for committing an act  1,205        

that would be a felony if committed by an adult, the court at a    1,206        

hearing may transfer the case for criminal prosecution to the                   

appropriate court having jurisdiction of the offense, after        1,207        

considering the factors specified in division (C)(2) of this       1,208        

section and after making all of the following determinations:      1,209        

      (a)  The child was fourteen years of age or older at the     1,211        

                                                          28     


                                                                 
time of the act charged.                                           1,212        

      (b)  There is probable cause to believe that the child       1,214        

committed the act charged.                                         1,215        

      (c)  After an investigation, including a mental examination  1,217        

of the child made by a public or private agency or a person        1,219        

qualified to make the examination, and after consideration of all  1,220        

relevant information and factors, including any factor required    1,221        

to be considered under division (C)(2) of this section, that       1,224        

there are reasonable grounds to believe that both of the                        

following criteria are satisfied:                                  1,225        

      (i)  The child is not amenable to care or rehabilitation or  1,227        

further care or rehabilitation in any facility designed for the    1,228        

care, supervision, and rehabilitation of delinquent children.      1,229        

      (ii)  The safety of the community may require that the       1,231        

child be placed under legal restraint, including, if necessary,    1,232        

for the period extending beyond the child's majority.              1,233        

      (2)  Subject to division (C)(4) of this section, when        1,236        

determining whether to order the transfer of a case for criminal   1,237        

prosecution to the appropriate court having jurisdiction of the    1,238        

offense pursuant to division (C)(1) of this section, the court     1,239        

shall consider all of the following factors in favor of ordering   1,240        

the transfer of the case:                                          1,241        

      (a)  A victim of the act charged was five years of age or    1,243        

younger, regardless of whether the child who is alleged to have    1,244        

committed that act knew the age of that victim;                    1,245        

      (b)  A victim of the act charged sustained physical harm to  1,248        

the victim's person during the commission of or otherwise as a     1,249        

result of the act charged.                                         1,250        

      (c)  The act charged is not a violation of section 2923.12   1,252        

of the Revised Code, and the child is alleged to have had a        1,253        

firearm on or about the child's person or under the child's        1,254        

control while committing the act charged and to have displayed     1,255        

the firearm, brandished the firearm, indicated possession of the   1,256        

firearm, or used the firearm to facilitate the commission of the   1,257        

                                                          29     


                                                                 
act charged.                                                                    

      (d)  The child has a history indicating a failure to be      1,259        

rehabilitated following one or more commitments pursuant to        1,260        

division (A)(3), (4), (5), (6), or (7) of section 2151.355 of the  1,261        

Revised Code.                                                      1,262        

      (e)  A victim of the act charged was sixty-five years of     1,265        

age or older or permanently and totally disabled at the time of    1,266        

the commission of the act charged, regardless of whether the       1,268        

child who is alleged to have committed that act knew the age of    1,269        

that victim.                                                                    

      (3)  A child whose case is being considered for possible     1,272        

transfer for criminal prosecution to the appropriate court having               

jurisdiction of the offense under division (C)(1) of this section  1,273        

may waive the examination required by division (C)(1)(c) of this   1,274        

section, if the court finds the waiver is competently and          1,276        

intelligently made.  Refusal to submit to a mental and physical    1,277        

examination by the child constitutes a waiver of the examination.  1,278        

      (4)  If one or more complaints are filed alleging that a     1,281        

child is a delinquent child for committing two or more acts that                

would be offenses if committed by an adult, if a motion is filed   1,282        

or made alleging that division (B)(2), (3), or (4) of this         1,283        

section applies and requires that the case or cases involving one  1,284        

or more of the acts charged be transferred for criminal            1,285        

prosecution to the appropriate court having jurisdiction over the  1,287        

offense, and if a motion also is filed or made requesting that     1,288        

the case or cases involving one or more of the acts charged be     1,289        

transferred for criminal prosecution to the appropriate court      1,290        

having jurisdiction of the offense pursuant to division (C)(1) of  1,292        

this section, the court, in deciding the motions, shall proceed    1,293        

in the following manner:                                           1,294        

      (a)  Initially, the court shall decide the motion alleging   1,296        

that division (B)(2), (3), or (4) of this section applies and      1,297        

requires that the case or cases involving one or more of the acts  1,299        

charged be transferred for criminal prosecution to the             1,300        

                                                          30     


                                                                 
appropriate court having jurisdiction over the offense.            1,301        

      (b)  If, pursuant to division (C)(4)(a) of this section,     1,304        

the court determines that division (B)(2), (3), or (4) of this     1,305        

section applies and requires that the case or cases involving one  1,307        

or more of the acts charged be transferred for criminal            1,308        

prosecution to the appropriate court having jurisdiction over the               

offense, the court shall transfer the case or cases in accordance  1,309        

with the applicable division.  After the transfer pursuant to      1,310        

division (B)(2), (3), or (4) of this section, the court shall      1,312        

decide, in accordance with division (C)(4)(b) of this section,     1,313        

whether to grant the motion requesting that the case or cases      1,314        

involving one or more of the acts charged be transferred for       1,315        

criminal prosecution to the appropriate court having jurisdiction  1,316        

of the offense pursuant to division (C)(1) of this section.  In    1,317        

making its decision regarding the motion requesting a transfer     1,318        

pursuant to division (C)(1) of this section, the court at a        1,319        

hearing may transfer the subject case to the appropriate court     1,320        

having jurisdiction of the offense if the act charged in the case  1,321        

would be a felony if committed by an adult, if the child was       1,323        

fourteen years of age or older at the time of the act charged,                  

and if there is probable cause to believe that the child           1,324        

committed the act charged.  Notwithstanding divisions (C)(1) to    1,325        

(3) of this section, prior to transferring a case pursuant to      1,326        

division (C)(4)(b) of this section, the court is not required to   1,328        

consider any factor specified in division (C)(2) of this section   1,329        

or to conduct an investigation or make a determination of the      1,330        

type described in division (C)(1)(c) of this section.              1,332        

      (c)  If the court determines pursuant to division (C)(4)(a)  1,335        

of this section, that divisions (B)(2), (3), and (4) of this       1,336        

section do not apply and that none of those divisions requires     1,337        

that the case or cases involving one or more of the acts charged   1,338        

be transferred for criminal prosecution to the appropriate court   1,339        

having jurisdiction over the offense, the court shall decide in    1,340        

accordance with divisions (C)(1) to (3) of this section whether    1,342        

                                                          31     


                                                                 
to grant the motion requesting that the case or cases involving    1,343        

one or more of the acts charged be transferred for criminal        1,345        

prosecution to the appropriate court having jurisdiction of the                 

offense pursuant to division (C)(1) of this section.               1,347        

      (D)  The court shall give notice in writing of the time,     1,349        

place, and purpose of any hearing held pursuant to division (B)    1,350        

or (C) of this section to the child's parents, guardian, or other  1,351        

custodian and to the child's counsel at least three days prior to  1,352        

the hearing.                                                       1,353        

      (E)  No SUBJECT TO SECTION 2151.261 OF THE REVISED CODE, NO  1,355        

person, either before or after reaching eighteen years of age,     1,357        

shall be prosecuted as an adult for an offense committed prior to  1,358        

becoming eighteen years of age, unless the person has been         1,359        

transferred as provided in division (B) or (C) of this section or  1,361        

unless division (G) of this section applies.  Any prosecution      1,362        

that is had in a criminal court on the mistaken belief that the    1,363        

person who is the subject of the case was eighteen years of age                 

or older at the time of the commission of the offense shall be     1,364        

deemed a nullity, and the person shall not be considered to have   1,365        

been in jeopardy on the offense.                                                

      (F)  Upon the transfer of a case for criminal prosecution    1,367        

to the appropriate court having jurisdiction of the offense under  1,368        

division (B) or (C) of this section, the juvenile court shall      1,370        

state the reasons for the transfer and order the child to enter    1,371        

into a recognizance with good and sufficient surety for the        1,372        

child's appearance before the appropriate court for any            1,374        

disposition that the court is authorized to make for a similar     1,375        

act committed by an adult.  The transfer abates the jurisdiction   1,376        

of the juvenile court with respect to the delinquent acts alleged  1,377        

in the complaint, and, upon the transfer, all further proceedings  1,378        

pertaining to the act charged shall be discontinued in the         1,379        

juvenile court, and the case then shall be within the              1,380        

jurisdiction of the court to which it is transferred as described  1,381        

in division (H) of section 2151.23 of the Revised Code.            1,382        

                                                          32     


                                                                 
      (G)  If a person under eighteen years of age allegedly       1,385        

commits an act that would be a felony if committed by an adult     1,386        

and if the person is not taken into custody or apprehended for                  

that act until after the person attains twenty-one years of age,   1,387        

the juvenile court does not have jurisdiction to hear or           1,388        

determine any portion of the case charging the person with         1,389        

committing that act, divisions (B) and (C) of this section do not  1,391        

apply regarding that act, the case charging the person with        1,392        

committing that act shall be a criminal prosecution commenced and               

heard in the appropriate court having jurisdiction of the offense  1,394        

as if the person had been eighteen years of age or older when the  1,395        

person committed that act, all proceedings pertaining to that act  1,396        

shall be within the jurisdiction of the court having jurisdiction  1,397        

of the offense, and the court having jurisdiction of the offense   1,398        

has all the authority and duties in the case as it has in other                 

criminal cases commenced in that court.                            1,399        

      Sec. 2151.261.  (A)(1)  AFTER A COMPLAINT HAS BEEN FILED     1,401        

ALLEGING THAT A CHILD IS A DELINQUENT CHILD FOR COMMITTING AN ACT  1,403        

THAT WOULD BE AN OFFENSE OF VIOLENCE THAT IS A FELONY IF           1,404        

COMMITTED BY AN ADULT, THE PROSECUTING ATTORNEY MAY REQUEST THE    1,406        

JUVENILE COURT TO TRANSFER THE CASE TO THE GENERAL DIVISION OF     1,407        

THE COURT OF COMMON PLEAS SO THAT THE GENERAL DIVISION MAY IMPOSE  1,408        

A BLENDED SENTENCE UPON THE CHILD OR IMPOSE UPON THE CHILD A                    

SENTENCE FOR THE OFFENSE UNDER SECTIONS 2929.13 TO 2929.19 OF THE  1,409        

REVISED CODE.  IF THE PROSECUTING ATTORNEY MAKES A TRANSFER        1,411        

REQUEST UNDER THIS DIVISION, THE JUVENILE COURT AT A HEARING MAY   1,413        

TRANSFER THE CASE FOR CRIMINAL PROSECUTION TO THE GENERAL          1,414        

DIVISION OF THE COURT OF COMMON PLEAS AFTER CONSIDERING THE                     

FACTORS SPECIFIED IN DIVISION (A)(2) OF THIS SECTION AND AFTER     1,415        

MAKING ALL OF THE FOLLOWING DETERMINATIONS:                        1,416        

      (a)  THE CHILD WAS FOURTEEN YEARS OF AGE OR OLDER AT THE     1,419        

TIME OF THE ACT CHARGED.                                           1,420        

      (b)  THERE IS PROBABLE CAUSE TO BELIEVE THAT THE CHILD       1,422        

COMMITTED THE ACT CHARGED.                                         1,423        

                                                          33     


                                                                 
      (c)  AFTER AN INVESTIGATION, INCLUDING A MENTAL EXAMINATION  1,425        

OF THE CHILD MADE BY A PUBLIC OR PRIVATE AGENCY OR A PERSON        1,426        

QUALIFIED TO MAKE THE EXAMINATION, AND AFTER CONSIDERATION OF ALL  1,427        

RELEVANT INFORMATION AND FACTORS, INCLUDING ANY FACTOR REQUIRED    1,428        

TO BE CONSIDERED UNDER DIVISION (A)(2) OF THIS SECTION, THERE ARE  1,429        

REASONABLE GROUNDS TO BELIEVE THAT BOTH OF THE FOLLOWING CRITERIA  1,430        

ARE SATISFIED:                                                     1,431        

      (i)  THE CHILD IS NOT AMENABLE TO CARE OR REHABILITATION OR  1,433        

FURTHER CARE OR REHABILITATION IN ANY FACILITY DESIGNED FOR THE    1,434        

CARE, SUPERVISION, AND REHABILITATION OF DELINQUENT CHILDREN.      1,436        

      (ii)  THE SAFETY OF THE COMMUNITY MAY REQUIRE THAT THE       1,438        

CHILD BE PLACED UNDER LEGAL RESTRAINT, INCLUDING, IF NECESSARY,    1,439        

FOR THE PERIOD EXTENDING BEYOND THE CHILD'S MAJORITY.              1,440        

      (2)  WHEN DETERMINING WHETHER TO ORDER THE TRANSFER OF A     1,442        

CASE FOR CRIMINAL PROSECUTION TO THE GENERAL DIVISION OF THE       1,443        

COURT OF COMMON PLEAS PURSUANT TO DIVISION (A)(1) OF THIS          1,444        

SECTION, THE COURT SHALL CONSIDER ALL OF THE FOLLOWING FACTORS IN  1,445        

FAVOR OF ORDERING THE TRANSFER OF THE CASE:                        1,446        

      (a)  A VICTIM OF THE ACT CHARGED WAS FIVE YEARS OF AGE OR    1,449        

YOUNGER, REGARDLESS OF WHETHER THE CHILD WHO IS ALLEGED TO HAVE    1,450        

COMMITTED THAT ACT KNEW THE AGE OF THAT VICTIM.                    1,451        

      (b)  A VICTIM OF THE ACT CHARGED SUSTAINED PHYSICAL HARM TO  1,453        

THE VICTIM'S PERSON DURING THE COMMISSION OF OR OTHERWISE AS A     1,454        

RESULT OF THE ACT CHARGED.                                         1,455        

      (c)  THE ACT CHARGED IS NOT A VIOLATION OF SECTION 2923.12   1,457        

OF THE REVISED CODE, AND THE CHILD IS ALLEGED TO HAVE HAD A        1,458        

FIREARM ON OR ABOUT THE CHILD'S PERSON OR UNDER THE CHILD'S        1,460        

CONTROL WHILE COMMITTING THE ACT CHARGED AND TO HAVE DISPLAYED     1,461        

THE FIREARM, BRANDISHED THE FIREARM, INDICATED POSSESSION OF THE   1,462        

FIREARM, OR USED THE FIREARM TO FACILITATE THE COMMISSION OF THE   1,463        

ACT CHARGED.                                                                    

      (d)  THE CHILD HAS A HISTORY INDICATING A FAILURE TO BE      1,465        

REHABILITATED FOLLOWING ONE OR MORE COMMITMENTS PURSUANT TO        1,466        

DIVISION (A)(3), (4), (5), (6), OR (7) OF SECTION 2151.355 OF THE  1,467        

                                                          34     


                                                                 
REVISED CODE.                                                      1,468        

      (e)  A VICTIM OF THE ACT CHARGED WAS SIXTY-FIVE YEARS OF     1,470        

AGE OR OLDER OR PERMANENTLY AND TOTALLY DISABLED AT THE TIME OF    1,471        

THE COMMISSION OF THE ACT CHARGED, REGARDLESS OF WHETHER THE       1,472        

CHILD WHO IS ALLEGED TO HAVE COMMITTED THAT ACT KNEW THE AGE OF    1,473        

THAT VICTIM.                                                       1,474        

      (3)  A CHILD WHOSE CASE IS BEING CONSIDERED FOR POSSIBLE     1,476        

TRANSFER FOR CRIMINAL PROSECUTION TO THE GENERAL DIVISION OF THE   1,477        

COURT OF COMMON PLEAS UNDER DIVISION (A)(1) OF THIS SECTION MAY    1,478        

WAIVE THE INVESTIGATION REQUIRED BY DIVISION (A)(1)(c) OF THIS     1,479        

SECTION, IF THE COURT FINDS THE WAIVER IS COMPETENTLY AND          1,481        

INTELLIGENTLY MADE.  REFUSAL BY THE CHILD TO SUBMIT TO A MENTAL    1,482        

AND PHYSICAL EXAMINATION CONSTITUTES A WAIVER OF THE               1,483        

INVESTIGATION.                                                                  

      (4)  THE JUVENILE COURT SHALL GIVE NOTICE IN WRITING OF THE  1,485        

TIME, PLACE, AND PURPOSE OF ANY HEARING HELD PURSUANT TO DIVISION  1,486        

(A)(1) OF THIS SECTION TO THE CHILD'S PARENTS, GUARDIAN, OR OTHER  1,487        

CUSTODIAN AND TO THE CHILD'S ATTORNEY.  THE COURT SHALL GIVE THE   1,488        

NOTICE AT LEAST THREE DAYS PRIOR TO THE HEARING.                   1,490        

      (B)  THE TRANSFER OF A CHILD'S CASE TO THE GENERAL DIVISION  1,492        

OF THE COURT OF COMMON PLEAS UNDER THIS SECTION ABATES THE         1,493        

JURISDICTION OF THE JUVENILE COURT UNDER DIVISION (A)(1)(a) OF     1,494        

SECTION 2151.011 OF THE REVISED CODE WITH RESPECT TO THE           1,496        

DELINQUENT ACTS ALLEGED IN THE COMPLAINT THAT IS THE BASIS OF THE  1,498        

CASE.  THE CLERK OF THE COURT OF COMMON PLEAS SHALL BE THE CLERK   1,499        

OF THE COURT IN THE CASE.                                          1,500        

      (C)  UPON THE TRANSFER OF A CHILD'S CASE TO THE GENERAL      1,502        

DIVISION OF THE COURT OF COMMON PLEAS, THE CHILD DOES NOT HAVE     1,503        

THE RIGHT TO HAVE HEARINGS OR PROCEEDINGS CONDUCTED IN ACCORDANCE  1,504        

WITH THIS CHAPTER AND THE JUVENILE RULES.  THE GENERAL DIVISION    1,505        

OF THE COURT SHALL CONDUCT ALL HEARINGS AND PROCEEDINGS IN A CASE  1,507        

TRANSFERRED UNDER THIS SECTION IN ACCORDANCE WITH TITLE XXIX OF    1,508        

THE REVISED CODE AND THE CRIMINAL RULES.  THE COURT SHALL AFFORD   1,510        

THE CHILD ALL RIGHTS AFFORDED AN ADULT WHO IS PROSECUTED FOR       1,511        

                                                          35     


                                                                 
COMMITTING AN OFFENSE INCLUDING, BUT NOT LIMITED TO, THE RIGHT TO  1,512        

TRIAL BY JURY, PRELIMINARY HEARING OR INDICTMENT, AND AN OPEN      1,513        

COURT.                                                                          

      IF THE JUVENILE COURT TRANSFERS A CHILD'S CASE UNDER THIS    1,515        

SECTION AND IF THE PROSECUTING ATTORNEY FAILS TO OBTAIN AN         1,516        

INDICTMENT AGAINST THE CHILD WITHIN SIXTY DAYS AFTER THE           1,517        

TRANSFER, THE GENERAL DIVISION SHALL ORDER THAT THE COMPLAINT BE   1,518        

DISMISSED AND THAT THE CHILD BE DISCHARGED FROM ANY DETENTION OR   1,520        

RESTRICTION IMPOSED UPON THE CHILD.                                             

      (D)(1)  THE GENERAL DIVISION OF A COURT OF COMMON PLEAS TO   1,522        

WHICH A CHILD'S CASE IS TRANSFERRED UNDER THIS SECTION SHALL       1,523        

REQUIRE THE PARENT, GUARDIAN, OR CUSTODIAN OF THE CHILD TO ATTEND  1,524        

ALL PROCEEDINGS OF THE DIVISION REGARDING THE CHILD OR THE         1,525        

CHILD'S CASE.  IF A PARENT, GUARDIAN, OR CUSTODIAN FAILS TO        1,526        

ATTEND ANY OF THE PROCEEDINGS OF THE DIVISION REGARDING THE CHILD  1,527        

OR THE CHILD'S CASE, THE DIVISION MAY FIND THE PARENT, GUARDIAN,   1,528        

OR CUSTODIAN IN CONTEMPT.                                          1,529        

      (2)  A GENERAL DIVISION OF A COURT OF COMMON PLEAS TO WHICH  1,531        

A CHILD'S CASE IS TRANSFERRED UNDER THIS SECTION SHALL CONDUCT     1,532        

THE PROCEEDINGS WITH RESPECT TO THE CASE IN THE SAME MANNER IN     1,533        

WHICH IT WOULD CONDUCT A TRIAL OF AN ADULT, EXCEPT THAT THE COURT  1,534        

SHALL NOT PERMIT THE CHILD TO BE KEPT IN ANY FACILITY EXCEPT AS    1,535        

PERMITTED BY THIS CHAPTER.                                         1,536        

      (E)(1)  IF THE CHILD IS FOUND BY PROOF BEYOND A REASONABLE   1,538        

DOUBT TO HAVE COMMITTED THE ACT CHARGED OR ANY OTHER ACT THAT      1,540        

WOULD BE AN OFFENSE OF VIOLENCE THAT IS A FELONY IF COMMITTED BY   1,541        

AN ADULT, THE DIVISION SHALL DO EITHER OF THE FOLLOWING:           1,542        

      (a)  IMPOSE A BLENDED SENTENCE BY DOING BOTH OF THE          1,544        

FOLLOWING:                                                         1,545        

      (i)  ADJUDICATE THE CHILD A DELINQUENT CHILD AND IMPOSE      1,547        

APPROPRIATE DISPOSITIONS UNDER SECTION 2151.355 OF THE REVISED     1,549        

CODE;                                                                           

      (ii)  ENTER A CONVICTION FOR THE OFFENSE THAT WOULD BE THE   1,551        

SUBJECT OF THE PROCEEDING IF THE CHILD WERE AN ADULT, IMPOSE A     1,553        

                                                          36     


                                                                 
SENTENCE FOR THE OFFENSE UNDER SECTIONS 2929.13 TO 2929.19 OF THE  1,555        

REVISED CODE THAT MAY EXTEND BEYOND THE CHILD'S ATTAINMENT OF      1,557        

TWENTY-ONE YEARS OF AGE, AND SUSPEND THE CONVICTION AND THE                     

SENTENCE PENDING THE CHILD'S COMPLETION OR FAILURE TO COMPLETE     1,558        

THE DISPOSITIONS IMPOSED UNDER DIVISION (E)(1)(a)(i) OF THIS       1,560        

SECTION.                                                                        

      (b)  ENTER A CONVICTION FOR THE OFFENSE THAT WOULD BE THE    1,562        

SUBJECT OF THE PROCEEDING IF THE CHILD WERE AN ADULT, IMPOSE A     1,564        

SENTENCE FOR THE OFFENSE UNDER SECTIONS 2929.13 TO 2929.19 OF THE  1,566        

REVISED CODE THAT MAY EXTEND BEYOND THE CHILD'S ATTAINMENT OF      1,568        

TWENTY-ONE YEARS OF AGE, AND COMMIT THE CHILD TO THE CUSTODY OF                 

THE DEPARTMENT OF REHABILITATION AND CORRECTION TO SERVE A PRISON  1,570        

TERM OR A LOCAL RESIDENTIAL SANCTION.                                           

      (2)  DURING THE TIME THAT A CHILD IS UNDER AN ORDER OF       1,572        

DISPOSITION IMPOSED UNDER DIVISION (E)(1)(a)(i) OF THIS SECTION,   1,574        

THE DIVISION THAT IMPOSED THE ORDER OF DISPOSITION HAS ALL OF THE  1,575        

POWERS AND DUTIES OF A JUVENILE COURT WITH RESPECT TO THE CHILD    1,576        

AND THE CHILD'S CASE.  THE DIVISION RETAINS JURISDICTION OVER THE  1,578        

CHILD UNTIL THE CHILD COMPLETES THE DISPOSITIONS, THE COURT        1,579        

REIMPOSES THE CONVICTION AND SENTENCE IMPOSED AND SUSPENDED UNDER  1,580        

DIVISION (E)(1)(a)(ii) OF THIS SECTION, OR THE COURT ENTERS A      1,581        

CONVICTION AND IMPOSES A SENTENCE UNDER DIVISION (E)(1)(b) OF      1,582        

THIS SECTION.                                                                   

      (F)  DURING THE TIME THAT A CHILD SERVES THE DISPOSITIONAL   1,584        

PART OF A BLENDED SENTENCE, THE RELATED CRIMINAL CONVICTION AND    1,585        

SENTENCE SHALL BE HELD IN ABEYANCE UNTIL THE CHILD'S SUCCESSFUL    1,586        

COMPLETION OF THE ORDERS OF DISPOSITION IMPOSED UNDER DIVISION     1,588        

(E)(1)(a)(i) OR THE CHILD'S FAILURE TO SUCCESSFULLY COMPLETE       1,589        

THOSE ORDERS OF DISPOSITION.  A GENERAL DIVISION OF A COURT OF     1,590        

COMMON PLEAS THAT IMPOSES A BLENDED SENTENCE UPON A CHILD SHALL    1,591        

HOLD A HEARING UNDER DIVISION (G) OF THIS SECTION IF ANY OF THE    1,592        

FOLLOWING OCCUR:                                                                

      (1)  IT IS ALLEGED THAT, WHILE IN THE CUSTODY OF THE         1,594        

DEPARTMENT OF YOUTH SERVICES, THE CHILD WAS ADJUDICATED A          1,596        

                                                          37     


                                                                 
DELINQUENT CHILD FOR COMMITTING WHILE IN THAT CUSTODY AN ACT THAT  1,597        

WOULD BE AN OFFENSE IF COMMITTED BY AN ADULT, OR THE CHILD WAS     1,598        

CONVICTED OF OR PLEADED GUILTY TO AN OFFENSE.                      1,599        

      (2)  IT IS ALLEGED THAT, DURING THE DURATION OF AN ORDER OF  1,601        

DISPOSITION THAT DOES NOT INVOLVE THE CHILD BEING IN THE CUSTODY   1,602        

OF THE DEPARTMENT OF YOUTH SERVICES, THE CHILD WAS ADJUDICATED A   1,603        

DELINQUENT CHILD FOR COMMITTING AN ACT THAT WOULD BE AN OFFENSE    1,604        

IF COMMITTED BY AN ADULT, OR THE CHILD WAS CONVICTED OF OR         1,605        

PLEADED GUILTY TO AN OFFENSE.                                      1,606        

      (3)  WHILE THE CHILD IS IN THE CUSTODY OF THE DEPARTMENT OF  1,608        

YOUTH SERVICES, THE DIRECTOR OF THE DEPARTMENT DETERMINES THAT     1,609        

THE CHILD HAS VIOLATED ANY DISCIPLINARY MEASURE IMPOSED UPON THE   1,610        

CHILD BY THE DEPARTMENT OR HAS INTERFERED WITH THE DEPARTMENT'S    1,611        

REHABILITATION PROGRAMS INVOLVING OTHER CHILDREN IN THE CUSTODY    1,612        

OF THE DEPARTMENT.                                                 1,613        

      (4)  THE CHILD SUCCESSFULLY COMPLETES THE ORDERS OF          1,615        

DISPOSITION IMPOSED UNDER DIVISION (E)(1)(a)(i) OF THIS SECTION.   1,617        

      (G)  IF DIVISION (F) OF THIS SECTION REQUIRES THE GENERAL    1,619        

DIVISION OF A COURT OF COMMON PLEAS TO CONDUCT A HEARING, THE      1,621        

DIVISION SHALL SCHEDULE A HEARING WITHIN FOURTEEN DAYS AFTER       1,622        

RECEIPT OF THE INFORMATION THAT IS THE BASIS OF THE REQUIREMENT    1,624        

FOR THE HEARING OR OF A REQUEST FOR A HEARING AND SHALL GIVE       1,625        

NOTICE OF THE DATE, TIME, AND LOCATION OF THE HEARING TO THE       1,626        

CHILD, THE CHILD'S ATTORNEY, AND THE PROSECUTING ATTORNEY.  AT     1,627        

THE HEARING, THE PROSECUTING ATTORNEY AND THE CHILD OR THE                      

CHILD'S ATTORNEY MAY PRESENT EVIDENCE, CALL WITNESSES, AND CROSS   1,628        

EXAMINE WITNESSES.                                                 1,629        

      IF THE DIVISION DETERMINES AT THE HEARING THAT THE CHILD     1,631        

SUCCESSFULLY COMPLETED THE ORDERS OF DISPOSITION IMPOSED UNDER     1,632        

DIVISION (E)(1)(a)(i) OF THIS SECTION, IT SHALL ISSUE A WRITTEN    1,634        

ORDER SETTING FORTH ITS FINDINGS AND TERMINATING AND EXPUNGING     1,635        

THE CONVICTION AND SENTENCE IMPOSED UNDER DIVISION (E)(1)(a)(ii)   1,637        

OF THIS SECTION.                                                   1,638        

      IF THE COURT CONCLUDES THAT ANY OF THE CIRCUMSTANCES SET     1,640        

                                                          38     


                                                                 
FORTH IN DIVISION (F)(1), (2), OR (3) OF THIS SECTION APPLY TO     1,641        

THE CHILD, IT SHALL DETERMINE WHETHER TO REIMPOSE THE CRIMINAL     1,642        

CONVICTION AND SENTENCE IMPOSED UNDER DIVISION (E)(1)(a)(ii) OF    1,644        

THIS SECTION.  IF THE COURT DETERMINES TO REIMPOSE THE CRIMINAL    1,645        

CONVICTION AND SENTENCE, IT SHALL ISSUE A WRITTEN ORDER SETTING    1,646        

FORTH ITS REASONS FOR DOING SO, THE SENTENCE TO BE IMPOSED ON THE  1,647        

CHILD, AND THE LOCATION AT WHICH THE CHILD IS TO SERVE ANY PRISON  1,648        

TERM OR LOCAL RESIDENTIAL SANCTION.  THE COURT SHALL DEDUCT FROM   1,649        

THE LENGTH OF ANY PRISON TERM OR LOCAL RESIDENTIAL SANCTION        1,650        

IMPOSED ON THE CHILD ANY TIME THE CHILD SERVED UNDER THE ORDER OF  1,651        

DISPOSITION.  IF THE DIVISION DETERMINES NOT TO REIMPOSE THE       1,652        

ORIGINAL CONVICTION AND SENTENCE, IT MAY REIMPOSE THE ORIGINAL     1,653        

ORDER OF DISPOSITION FOR THE CHILD OR IMPOSE ANY OTHER ORDERS OF   1,654        

DISPOSITION IN ADDITION TO OR IN LIEU OF THE ORIGINAL ORDER OF     1,655        

DISPOSITION AND SHALL ISSUE A WRITTEN ORDER SETTING FORTH ITS      1,656        

REASONS FOR DOING SO AND THE ORDERS OF DISPOSITION IMPOSED UPON    1,657        

THE CHILD.                                                                      

      Sec. 2151.27.  (A)  Any (1)  SUBJECT TO DIVISION (A)(2) OF   1,667        

THIS SECTION, ANY person having knowledge of a child who appears   1,668        

to be a juvenile traffic offender or to be a delinquent, unruly,   1,669        

abused, neglected, or dependent child may file a sworn complaint   1,670        

with respect to that child in the juvenile court of the county in  1,671        

which the child has a residence or legal settlement or in which    1,672        

the traffic offense, delinquency, unruliness, abuse, neglect, or   1,673        

dependency allegedly occurred.  If an alleged abused, neglected,   1,674        

or dependent child is taken into custody pursuant to division (D)  1,675        

of section 2151.31 of the Revised Code or is taken into custody    1,676        

pursuant to division (A) of section 2151.31 of the Revised Code    1,677        

without the filing of a complaint and placed into shelter care     1,678        

pursuant to division (C) of that section, a sworn complaint shall  1,679        

be filed with respect to the child before the end of the next day  1,681        

after the day on which the child was taken into custody.  The      1,682        

sworn complaint may be upon information and belief, and, in        1,683        

addition to the allegation that the child is a delinquent,                      

                                                          39     


                                                                 
unruly, abused, neglected, or dependent child or a juvenile        1,684        

traffic offender, the complaint shall allege the particular facts  1,685        

upon which the allegation that the child is a delinquent, unruly,  1,686        

abused, neglected, or dependent child or a juvenile traffic        1,687        

offender is based.                                                 1,688        

      (2)  ANY PERSON HAVING KNOWLEDGE OF A CHILD WHO APPEARS TO   1,690        

BE AN UNRULY OR DELINQUENT CHILD FOR BEING AN HABITUAL OR CHRONIC  1,691        

TRUANT MAY FILE A SWORN COMPLAINT WITH RESPECT TO THAT CHILD AND   1,693        

THE PARENT, GUARDIAN, OR OTHER PERSON HAVING CARE OF THE CHILD IN  1,694        

THE JUVENILE COURT OF THE COUNTY IN WHICH THE CHILD HAS A          1,695        

RESIDENCE OR LEGAL SETTLEMENT OR IN WHICH THE CHILD IS SUPPOSED    1,696        

TO ATTEND PUBLIC SCHOOL.  THE SWORN COMPLAINT MAY BE UPON          1,697        

INFORMATION AND BELIEF AND SHALL CONTAIN THE FOLLOWING             1,698        

ALLEGATIONS:                                                                    

      (a)  THAT THE CHILD IS AN UNRULY CHILD FOR BEING AN          1,700        

HABITUAL TRUANT OR THE CHILD IS A DELINQUENT CHILD FOR BEING A     1,702        

CHRONIC TRUANT OR AN HABITUAL TRUANT WHO PREVIOUSLY HAS BEEN       1,703        

ADJUDICATED AN UNRULY CHILD FOR BEING AN HABITUAL TRUANT AND, IN   1,704        

ADDITION, THE PARTICULAR FACTS UPON WHICH THAT ALLEGATION IS       1,705        

BASED;                                                                          

      (b)  THAT THE PARENT, GUARDIAN, OR OTHER PERSON HAVING CARE  1,707        

OF THE CHILD HAS FAILED TO CAUSE THE CHILD'S ATTENDANCE AT SCHOOL  1,708        

IN VIOLATION OF SECTION 3321.38 OF THE REVISED CODE AND, IN        1,709        

ADDITION, THE PARTICULAR FACTS UPON WHICH THAT ALLEGATION IS       1,711        

BASED.                                                                          

      (B)  If a child, before arriving at the age of eighteen      1,713        

years, allegedly commits an act for which the child may be         1,714        

adjudicated a delinquent child, an unruly child, or a juvenile     1,715        

traffic offender and if the specific complaint alleging the act    1,716        

is not filed or a hearing on that specific complaint is not held   1,717        

until after the child arrives at the age of eighteen years, the    1,718        

court has jurisdiction to hear and dispose of the complaint as if  1,719        

the complaint were filed and the hearing held before the child     1,720        

arrived at the age of eighteen years.                              1,721        

                                                          40     


                                                                 
      (C)  If the complainant in a case in which a child is        1,723        

alleged to be an abused, neglected, or dependent child desires     1,724        

permanent custody of the child or children, temporary custody of   1,725        

the child or children, whether as the preferred or an alternative  1,726        

disposition, or the placement of the child in a planned permanent  1,727        

living arrangement, the complaint shall contain a prayer           1,729        

specifically requesting permanent custody, temporary custody, or   1,730        

the placement of the child in a planned permanent living           1,731        

arrangement.                                                       1,732        

      (D)  For purposes of the record to be maintained by the      1,734        

clerk under division (B) of section 2151.18 of the Revised Code,   1,735        

when a complaint is filed that alleges that a child is a           1,736        

delinquent child, the court shall determine if the victim of the   1,737        

alleged delinquent act was sixty-five years of age or older or     1,738        

permanently and totally disabled at the time of the alleged        1,739        

commission of the act.                                             1,740        

      (E)  Any person with standing under applicable law may file  1,742        

a complaint for the determination of any other matter over which   1,743        

the juvenile court is given jurisdiction by section 2151.23 of     1,744        

the Revised Code.  The complaint shall be filed in the county in   1,745        

which the child who is the subject of the complaint is found or    1,746        

was last known to be found.                                        1,747        

      (F)  Within ten days after the filing of a complaint, the    1,749        

court shall give written notice of the filing of the complaint     1,750        

and of the substance of the complaint to the superintendent of a   1,751        

city, local, exempted village, or joint vocational school          1,752        

district if the complaint alleges that a child committed an act    1,753        

that would be a criminal offense if committed by an adult, that    1,755        

the child was sixteen years of age or older at the time of the     1,756        

commission of the alleged act, and that the alleged act is any of  1,757        

the following:                                                                  

      (1)  A violation of section 2923.122 of the Revised Code     1,759        

that relates to property owned or controlled by, or to an          1,760        

activity held under the auspices of, the board of education of     1,761        

                                                          41     


                                                                 
that school district;                                              1,762        

      (2)  A violation of section 2923.12 of the Revised Code, of  1,764        

a substantially similar municipal ordinance, or of section         1,765        

2925.03 of the Revised Code that was committed on property owned   1,766        

or controlled by, or at an activity held under the auspices of,    1,767        

the board of education of that school district;                    1,768        

      (3)  A violation of section 2925.11 of the Revised Code      1,770        

that was committed on property owned or controlled by, or at an    1,771        

activity held under the auspices of, the board of education of     1,772        

that school district, other than a violation of that section that  1,773        

would be a minor drug possession offense, as defined in section                 

2925.01 of the Revised Code, if committed by an adult;             1,774        

      (4)  A violation of section 2903.01, 2903.02, 2903.03,       1,776        

2903.04, 2903.11, 2903.12, 2907.02, or 2907.05 of the Revised      1,778        

Code, or a violation of former section 2907.12 of the Revised                   

Code, that was committed on property owned or controlled by, or    1,780        

at an activity held under the auspices of, the board of education  1,781        

of that school district, if the victim at the time of the          1,782        

commission of the alleged act was an employee of the board of                   

education of that school district.                                 1,783        

      (5)  Complicity in any violation described in division       1,785        

(F)(1), (2), (3), or (4) of this section that was alleged to have  1,786        

been committed in the manner described in division (F)(1), (2),    1,787        

(3), or (4) of this section, regardless of whether the act of      1,788        

complicity was committed on property owned or controlled by, or    1,789        

at an activity held under the auspices of, the board of education  1,790        

of that school district.                                           1,791        

      (G)  A public children services agency, acting pursuant to   1,793        

a complaint or an action on a complaint filed under this section,  1,794        

is not subject to the requirements of section 3109.27 of the       1,795        

Revised Code.                                                                   

      Sec. 2151.28.  (A)  No later than seventy-two hours after    1,804        

the complaint is filed, the court shall fix a time for an          1,806        

adjudicatory hearing.  The court shall conduct the adjudicatory    1,807        

                                                          42     


                                                                 
hearing within one of the following periods of time:               1,808        

      (1)  If the complaint alleged that the child is a            1,810        

delinquent or unruly child or a juvenile traffic offender, the     1,811        

adjudicatory hearing shall be held and may be continued in         1,812        

accordance with the Juvenile Rules.                                1,813        

      (2)  If the complaint alleged that the child is an abused,   1,815        

neglected, or dependent child, the adjudicatory hearing shall be   1,816        

held no later than thirty days after the complaint is filed,       1,817        

except that, for good cause shown, the court may continue the      1,818        

adjudicatory hearing for either of the following periods of time:  1,819        

      (a)  For ten days beyond the thirty-day deadline to allow    1,821        

any party to obtain counsel;                                       1,822        

      (b)  For a reasonable period of time beyond the thirty-day   1,824        

deadline to obtain service on all parties or any necessary         1,825        

evaluation, except that the adjudicatory hearing shall not be      1,826        

held later than sixty days after the date on which the complaint   1,827        

was filed.                                                         1,828        

      (B)  At an adjudicatory hearing held pursuant to division    1,830        

(A)(2) of this section, the court, in addition to determining      1,831        

whether the child is an abused, neglected, or dependent child,     1,832        

shall determine whether the child should remain or be placed in    1,833        

shelter care until the dispositional hearing.  When the court      1,834        

makes the shelter care determination, all of the following apply:  1,835        

      (1)  The court shall determine whether there are any         1,837        

relatives of the child who are willing to be temporary custodians  1,838        

of the child.  If any relative is willing to be a temporary        1,839        

custodian, the child otherwise would remain or be placed in        1,840        

shelter care, and the appointment is appropriate, the court shall  1,841        

appoint the relative as temporary custodian of the child, unless   1,842        

the court appoints another relative as custodian.  If it           1,843        

determines that the appointment of a relative as custodian would   1,844        

not be appropriate, it shall issue a written opinion setting       1,845        

forth the reasons for its determination and give a copy of the     1,846        

opinion to all parties and the guardian ad litem of the child.     1,847        

                                                          43     


                                                                 
      The court's consideration of a relative for appointment as   1,849        

a temporary custodian does not make that relative a party to the   1,850        

proceedings.                                                       1,851        

      (2)  The court shall comply with section 2151.419 of the     1,854        

Revised Code.                                                                   

      (3)  The court shall schedule the date for the               1,856        

dispositional hearing to be held pursuant to section 2151.35 of    1,857        

the Revised Code.  The parents of the child have a right to be     1,858        

represented by counsel; however, in no case shall the              1,859        

dispositional hearing be held later than ninety days after the     1,860        

date on which the complaint was filed.                             1,861        

      (C)  The court shall direct the issuance of a summons        1,863        

directed to the child except as provided by this section, the      1,864        

parents, guardian, custodian, or other person with whom the child  1,865        

may be, and any other persons that appear to the court to be       1,866        

proper or necessary parties to the proceedings, requiring them to  1,867        

appear before the court at the time fixed to answer the            1,868        

allegations of the complaint.  The summons shall contain the name  1,869        

and telephone number of the court employee designated by the       1,870        

court pursuant to section 2151.314 of the Revised Code to arrange  1,871        

for the prompt appointment of counsel for indigent persons.  A     1,872        

child alleged to be an abused, neglected, or dependent child       1,873        

shall not be summoned unless the court so directs.  A summons      1,874        

issued for a child who is under fourteen years of age and who is   1,875        

alleged to be a delinquent child, unruly child, or a juvenile      1,876        

traffic offender shall be served on the parent, guardian, or       1,877        

custodian of the child in the child's behalf.                      1,878        

      If the person who has physical custody of the child, or      1,880        

with whom the child resides, is other than the parent or           1,881        

guardian, then the parents and guardian also shall be summoned.    1,882        

A copy of the complaint shall accompany the summons.               1,883        

      (D)  If the complaint contains a prayer for permanent        1,885        

custody, temporary custody, whether as the preferred or an         1,886        

alternative disposition, or a planned permanent living             1,888        

                                                          44     


                                                                 
arrangement in a case involving an alleged abused, neglected, or   1,889        

dependent child, the summons served on the parents shall contain   1,890        

as is appropriate an explanation that the granting of permanent    1,891        

custody permanently divests the parents of their parental rights   1,892        

and privileges, an explanation that an adjudication that the       1,893        

child is an abused, neglected, or dependent child may result in    1,894        

an order of temporary custody that will cause the removal of the   1,895        

child from their legal custody until the court terminates the      1,896        

order of temporary custody or permanently divests the parents of   1,897        

their parental rights, or an explanation that the issuance of an   1,898        

order for a planned permanent living arrangement will cause the    1,899        

removal of the child from the legal custody of the parents if any  1,901        

of the conditions listed in divisions (A)(5)(a) to (c) of section  1,902        

2151.353 of the Revised Code are found to exist.                   1,903        

      (E)  The (1)  EXCEPT AS OTHERWISE PROVIDED IN DIVISION       1,906        

(E)(2) OF THIS SECTION, THE court may endorse upon the summons an               

order directing the parents, guardian, or other person with whom   1,908        

the child may be to appear personally at the hearing and           1,909        

directing the person having the physical custody or control of     1,910        

the child to bring the child to the hearing.                       1,911        

      (2)  IN CASES IN WHICH THE COMPLAINT ALLEGES THAT A CHILD    1,913        

IS AN UNRULY OR DELINQUENT CHILD FOR BEING AN HABITUAL OR CHRONIC  1,914        

TRUANT AND THAT THE PARENT, GUARDIAN, OR OTHER PERSON HAVING CARE  1,916        

OF THE CHILD HAS FAILED TO CAUSE THE CHILD'S ATTENDANCE AT         1,917        

SCHOOL, THE COURT SHALL ENDORSE UPON THE SUMMONS AN ORDER          1,918        

DIRECTING THE PARENT, GUARDIAN, OR OTHER PERSON HAVING CARE OF     1,919        

THE CHILD TO APPEAR PERSONALLY AT THE HEARING AND DIRECTING THE    1,920        

PERSON HAVING THE PHYSICAL CUSTODY OR CONTROL OF THE CHILD TO      1,921        

BRING THE CHILD TO THE HEARING.                                                 

      (F)(1)  The summons shall contain a statement advising that  1,923        

any party is entitled to counsel in the proceedings and that the   1,924        

court will appoint counsel or designate a county public defender   1,925        

or joint county public defender to provide legal representation    1,926        

if the party is indigent.                                          1,927        

                                                          45     


                                                                 
      (2)  In cases in which the complaint alleges a child to be   1,929        

an abused, neglected, or dependent child and no hearing has been   1,930        

conducted pursuant to division (A) of section 2151.314 of the      1,931        

Revised Code with respect to the child or a parent, guardian, or   1,932        

custodian of the child does not attend the hearing, the summons    1,933        

also shall contain a statement advising that a case plan may be    1,934        

prepared for the child, the general requirements usually                        

contained in case plans, and the possible consequences of failure  1,935        

to comply with a journalized case plan.                            1,936        

      (G)  If it appears from an affidavit filed or from sworn     1,938        

testimony before the court that the conduct, condition, or         1,939        

surroundings of the child are endangering the child's health or    1,941        

welfare or those of others, that the child may abscond or be                    

removed from the jurisdiction of the court, or that the child      1,942        

will not be brought to the court, notwithstanding the service of   1,944        

the summons, the court may endorse upon the summons an order that  1,945        

a law enforcement officer serve the summons and take the child     1,946        

into immediate custody and bring the child forthwith to the        1,947        

court.                                                                          

      (H)  A party, other than the child, may waive service of     1,949        

summons by written stipulation.                                    1,950        

      (I)  Before any temporary commitment is made permanent, the  1,952        

court shall fix a time for hearing in accordance with section      1,953        

2151.414 of the Revised Code and shall cause notice by summons to  1,954        

be served upon the parent or guardian of the child and the         1,955        

guardian ad litem of the child, or published, as provided in       1,956        

section 2151.29 of the Revised Code.  The summons shall contain    1,957        

an explanation that the granting of permanent custody permanently  1,958        

divests the parents of their parental rights and privileges.       1,959        

      (J)  Any person whose presence is considered necessary and   1,961        

who is not summoned may be subpoenaed to appear and testify at     1,962        

the hearing.  Anyone summoned or subpoenaed to appear who fails    1,964        

to do so may be punished, as in other cases in the court of        1,965        

common pleas, for contempt of court.  Persons subpoenaed shall be  1,966        

                                                          46     


                                                                 
paid the same witness fees as are allowed in the court of common   1,967        

pleas.                                                             1,968        

      (K)  The failure of the court to hold an adjudicatory        1,970        

hearing within any time period set forth in division (A)(2) of     1,971        

this section does not affect the ability of the court to issue     1,972        

any order under this chapter and does not provide any basis for    1,973        

attacking the jurisdiction of the court or the validity of any     1,974        

order of the court.                                                1,975        

      (L)  If the court, at an adjudicatory hearing held pursuant  1,977        

to division (A) of this section upon a complaint alleging that a   1,978        

child is an abused, neglected, dependent, delinquent, or unruly    1,979        

child or a juvenile traffic offender, determines that the child    1,980        

is a dependent child, the court shall incorporate that             1,981        

determination into written findings of fact and conclusions of     1,982        

law and enter those findings of fact and conclusions of law in                  

the record of the case.  The court shall include in those          1,984        

findings of fact and conclusions of law specific findings as to                 

the existence of any danger to the child and any underlying        1,985        

family problems that are the basis for the court's determination   1,986        

that the child is a dependent child.                               1,987        

      Sec. 2151.313.  (A)(1)  Except as provided in division       1,996        

(A)(2) of this section and in sections 109.57, 109.60, and 109.61  1,998        

of the Revised Code, no child shall be fingerprinted or            1,999        

photographed in the investigation of any violation of law without  2,000        

the consent of the juvenile judge.                                 2,001        

      (2)  Subject to division (A)(3) of this section, a law       2,004        

enforcement officer may fingerprint and photograph a child         2,005        

without the consent of the juvenile judge when the child is        2,006        

arrested or otherwise taken into custody for the commission of an  2,007        

act that would be an offense, other than a traffic offense or a    2,008        

minor misdemeanor, if committed by an adult, and there is          2,009        

probable cause to believe that the child may have been involved    2,010        

in the commission of the act.  A law enforcement officer who       2,011        

takes fingerprints or photographs of a child under division        2,012        

                                                          47     


                                                                 
(A)(2) of this section immediately shall inform the juvenile       2,013        

court that the fingerprints or photographs were taken and shall    2,014        

provide the court with the identity of the child, the number of    2,015        

fingerprints and photographs taken, and the name and address of    2,016        

each person who has custody and control of the fingerprints or     2,017        

photographs or copies of the fingerprints or photographs.          2,018        

      (3)  This section does not apply to a child to whom either   2,021        

of the following applies:                                                       

      (a)  The child has been arrested or otherwise taken into     2,024        

custody for committing, or has been adjudicated a delinquent       2,025        

child for committing, an act that would be a felony if committed   2,026        

by an adult or has been convicted of or pleaded guilty to          2,027        

committing a felony.                                               2,028        

      (b)  There is probable cause to believe that the child may   2,031        

have committed an act that would be a felony if committed by an    2,033        

adult.                                                                          

      (B)(1)  Subject to divisions (B)(4), (5), and (6) of this    2,035        

section, all fingerprints and photographs of a child obtained or   2,036        

taken under division (A)(1) or (2) of this section, and any        2,037        

records of the arrest or custody of the child that was the basis   2,038        

for the taking of the fingerprints or photographs, initially may   2,039        

be retained only until the expiration of thirty days after the     2,040        

date taken, except that the court may limit the initial retention  2,041        

of fingerprints and photographs of a child obtained under          2,042        

division (A)(1) of this section to a shorter period of time and    2,043        

except that, if the child is adjudicated a delinquent child for    2,044        

the commission of an act described in division (B)(3) of this      2,045        

section or is convicted of or pleads guilty to a criminal offense  2,046        

for the commission of an act described in division (B)(3) of this  2,047        

section, the fingerprints and photographs, and the records of the  2,048        

arrest or custody of the child that was the basis for the taking   2,049        

of the fingerprints and photographs, shall be retained in          2,050        

accordance with division (B)(3) of this section.  During the       2,051        

initial period of retention, the fingerprints and photographs of   2,052        

                                                          48     


                                                                 
a child, copies of the fingerprints and photographs, and records   2,053        

of the arrest or custody of the child shall be used or released    2,054        

only in accordance with division (C) of this section.  At the      2,055        

expiration of the initial period for which fingerprints and        2,056        

photographs of a child, copies of fingerprints and photographs of  2,057        

a child, and records of the arrest or custody of a child may be    2,058        

retained under this division, if no complaint is pending against   2,059        

the child in relation to the act for which the fingerprints and    2,060        

photographs originally were obtained or taken and if the child     2,061        

has neither been adjudicated a delinquent child for the            2,062        

commission of that act nor been convicted of or pleaded guilty to  2,063        

a criminal offense based on that act subsequent to a transfer of   2,064        

the child's case for criminal prosecution pursuant to section      2,065        

2151.26 of the Revised Code, the fingerprints and photographs of   2,066        

the child, all copies of the fingerprints and photographs, and     2,067        

all records of the arrest or custody of the child that was the     2,068        

basis of the taking of the fingerprints and photographs shall be   2,069        

removed from the file and delivered to the juvenile court.         2,070        

      (2)  If, at the expiration of the initial period of          2,072        

retention set forth in division (B)(1) of this section, a          2,073        

complaint is pending against the child in relation to the act for  2,074        

which the fingerprints and photographs originally were obtained    2,075        

or the child either has been adjudicated a delinquent child for    2,076        

the commission of an act other than an act described in division   2,077        

(B)(3) of this section or has been convicted of or pleaded guilty  2,078        

to a criminal offense for the commission of an act other than an   2,079        

act described in division (B)(3) of this section subsequent to     2,080        

transfer of the child's case, the fingerprints and photographs of  2,081        

the child, copies of the fingerprints and photographs, and the     2,082        

records of the arrest or custody of the child that was the basis   2,083        

of the taking of the fingerprints and photographs may further be   2,084        

retained, subject to division (B)(4) of this section, until the    2,085        

earlier of the expiration of two years after the date on which     2,086        

the fingerprints or photographs were taken or the child attains    2,087        

                                                          49     


                                                                 
eighteen years of age, except that, if the child is adjudicated a  2,088        

delinquent child for the commission of an act described in         2,089        

division (B)(3) of this section or is convicted of or pleads       2,090        

guilty to a criminal offense for the commission of an act          2,091        

described in division (B)(3) of this section, the fingerprints     2,092        

and photographs, and the records of the arrest or custody of the   2,093        

child that was the basis for the taking of the fingerprints and    2,094        

photographs, shall be retained in accordance with division (B)(3)  2,095        

of this section.                                                   2,096        

      Except as otherwise provided in division (B)(3) of this      2,098        

section, during this additional period of retention, the           2,099        

fingerprints and photographs of a child, copies of the             2,100        

fingerprints and photographs of a child, and records of the        2,101        

arrest or custody of a child shall be used or released only in     2,102        

accordance with division (C) of this section.  At the expiration   2,103        

of the additional period, if no complaint is pending against the   2,104        

child in relation to the act for which the fingerprints            2,105        

originally were obtained or taken or in relation to another act    2,106        

for which the fingerprints were used as authorized by division     2,107        

(C) of this section and that would be a felony if committed by an  2,108        

adult, the fingerprints of the child, all copies of the            2,109        

fingerprints, and all records of the arrest or custody of the      2,110        

child that was the basis of the taking of the fingerprints shall   2,111        

be removed from the file and delivered to the juvenile court,      2,112        

and, if no complaint is pending against the child concerning the   2,113        

act for which the photographs originally were obtained or taken    2,114        

or concerning an act that would be a felony if committed by an     2,115        

adult, the photographs and all copies of the photographs, and, if  2,116        

no fingerprints were taken at the time the photographs were        2,117        

taken, all records of the arrest or custody that was the basis of  2,118        

the taking of the photographs shall be removed from the file and   2,119        

delivered to the juvenile court.  In either case, if, at the       2,120        

expiration of the applicable additional period, such a complaint   2,121        

is pending against the child, the photographs and copies of the    2,122        

                                                          50     


                                                                 
photographs of the child, or the fingerprints and copies of the    2,123        

fingerprints of the child, whichever is applicable, and the        2,124        

records of the arrest or custody of the child may be retained,     2,125        

subject to division (B)(4) of this section, until final            2,126        

disposition of the complaint, and, upon final disposition of the   2,127        

complaint, they shall be removed from the file and delivered to    2,128        

the juvenile court, except that, if the child is adjudicated a     2,129        

delinquent child for the commission of an act described in         2,130        

division (B)(3) of this section or is convicted of or pleads       2,131        

guilty to a criminal offense for the commission of an act          2,132        

described in division (B)(3) of this section, the fingerprints     2,133        

and photographs, and the records of the arrest or custody of the   2,134        

child that was the basis for the taking of the fingerprints and    2,135        

photographs, shall be retained in accordance with division (B)(3)  2,136        

of this section.                                                   2,137        

      (3)  If a child is adjudicated a delinquent child for        2,139        

violating section 2923.42 of the Revised Code or for committing    2,141        

an act that would be a misdemeanor offense of violence if                       

committed by an adult, or is convicted of or pleads guilty to a    2,143        

violation of section 2923.42 of the Revised Code, a misdemeanor    2,145        

offense of violence, or a violation of an existing or former       2,146        

municipal ordinance or law of this state, another state, or the    2,148        

United States that is substantially equivalent to section 2923.42  2,149        

of the Revised Code or any misdemeanor offense of violence, both   2,150        

of the following apply:                                            2,151        

      (a)  Originals and copies of fingerprints and photographs    2,153        

of the child obtained or taken under division (A)(1) of this       2,154        

section, and any records of the arrest or custody that was the     2,155        

basis for the taking of the fingerprints or photographs, may be    2,156        

retained for the period of time specified by the juvenile judge    2,157        

in that judge's grant of consent for the taking of the             2,158        

fingerprints or photographs.  Upon the expiration of the           2,159        

specified period, all originals and copies of the fingerprints,    2,160        

photographs, and records shall be delivered to the juvenile court  2,161        

                                                          51     


                                                                 
or otherwise disposed of in accordance with any instructions       2,162        

specified by the juvenile judge in that judge's grant of consent.  2,163        

During the period of retention of the photographs and records,     2,164        

all originals and copies of them shall be retained in a file       2,165        

separate and apart from all photographs taken of adults.  During   2,166        

the period of retention of the fingerprints, all originals and     2,167        

copies of them may be maintained in the files of fingerprints      2,168        

taken of adults.  If the juvenile judge who grants consent for     2,169        

the taking of fingerprints and photographs under division (A)(1)   2,170        

of this section does not specify a period of retention in that     2,171        

judge's grant of consent, originals and copies of the              2,173        

fingerprints, photographs, and records may be retained in          2,174        

accordance with this section as if the fingerprints and            2,175        

photographs had been taken under division (A)(2) of this section.  2,176        

      (b)  Originals and copies of fingerprints and photographs    2,178        

taken under division (A)(2) of this section, and any records of    2,179        

the arrest or custody that was the basis for the taking of the     2,180        

fingerprints or photographs, may be retained for the period of     2,181        

time and in the manner specified in division (B)(3)(b) of this     2,183        

section.  Prior to the child's attainment of eighteen years of     2,184        

age, all originals and copies of the photographs and records       2,185        

shall be retained and shall be kept in a file separate and apart   2,186        

from all photographs taken of adults.  During the period of        2,187        

retention of the fingerprints, all originals and copies of them    2,188        

may be maintained in the files of fingerprints taken of adults.    2,189        

Upon the child's attainment of eighteen years of age, all          2,190        

originals and copies of the fingerprints, photographs, and         2,191        

records shall be disposed of as follows:                           2,192        

      (i)  If the juvenile judge issues or previously has issued   2,194        

an order that specifies a manner of disposition of the originals   2,195        

and copies of the fingerprints, photographs, and records, they     2,196        

shall be delivered to the juvenile court or otherwise disposed of  2,197        

in accordance with the order.                                      2,198        

      (ii)  If the juvenile judge does not issue and has not       2,200        

                                                          52     


                                                                 
previously issued an order that specifies a manner of disposition  2,201        

of the originals and copies of the fingerprints not maintained in  2,202        

adult files, photographs, and records, the law enforcement         2,203        

agency, in its discretion, either shall remove all originals and   2,204        

copies of them from the file in which they had been maintained     2,205        

and transfer them to the files that are used for the retention of  2,206        

fingerprints and photographs taken of adults who are arrested      2,207        

for, otherwise taken into custody for, or under investigation for  2,208        

the commission of a criminal offense or shall remove them from     2,209        

the file in which they had been maintained and deliver them to     2,210        

the juvenile court.  If the originals and copies of any            2,211        

fingerprints of a child who attains eighteen years of age are      2,212        

maintained in the files of fingerprints taken of adults or if      2,213        

pursuant to division (B)(3)(b)(ii) of this section the agency      2,215        

transfers the originals and copies of any fingerprints not         2,216        

maintained in adult files, photographs, or records to the files    2,217        

that are used for the retention of fingerprints and photographs    2,218        

taken of adults who are arrested for, otherwise taken into         2,219        

custody for, or under investigation for the commission of a        2,220        

criminal offense, the originals and copies of the fingerprints,    2,221        

photographs, and records may be maintained, used, and released     2,222        

after they are maintained in the adult files or after the          2,223        

transfer as if the fingerprints and photographs had been taken     2,224        

of, and as if the records pertained to, an adult who was arrested  2,225        

for, otherwise taken into custody for, or under investigation for  2,226        

the commission of a criminal offense.                              2,227        

      (4)  If a sealing or expungement order issued under section  2,229        

2151.358 of the Revised Code requires the sealing or destruction   2,230        

of any fingerprints or photographs of a child obtained or taken    2,231        

under division (A)(1) or (2) of this section or of the records of  2,232        

an arrest or custody of a child that was the basis of the taking   2,233        

of the fingerprints or photographs prior to the expiration of any  2,234        

period for which they otherwise could be retained under division   2,235        

(B)(1), (2), or (3) of this section, the fingerprints,             2,236        

                                                          53     


                                                                 
photographs, and arrest or custody records that are subject to     2,237        

the order and all copies of the fingerprints, photographs, and     2,238        

arrest or custody records shall be sealed or destroyed in          2,239        

accordance with the order.                                         2,240        

      (5)  All fingerprints of a child, photographs of a child,    2,242        

records of an arrest or custody of a child, and copies delivered   2,243        

to a juvenile court in accordance with division (B)(1), (2), or    2,244        

(3) of this section shall be destroyed by the court, PROVIDED      2,245        

THAT, IF A COMPLAINT IS FILED AGAINST THE CHILD IN RELATION TO     2,247        

ANY ACT TO WHICH THE RECORDS PERTAIN, THE COURT SHALL MAINTAIN                  

ALL RECORDS OF AN ARREST OR CUSTODY OF A CHILD SO DELIVERED FOR    2,249        

AT LEAST THREE YEARS AFTER THE FINAL DISPOSITION OF THE CASE OR    2,250        

AFTER THE CASE BECOMES INACTIVE.  DURING THE PERIOD FOR WHICH THE  2,251        

RECORDS OF AN ARREST OR CUSTODY ARE SO RETAINED, THE RECORDS       2,252        

SHALL BE AVAILABLE FOR INSPECTION BY VICTIMS OF THE ACTS TO WHICH  2,253        

THE RECORDS PERTAIN, AS DESCRIBED IN DIVISION (A)(1) OF SECTION    2,254        

2151.18 OF THE REVISED CODE.                                                    

      (6)(a)  All photographs of a child and records of an arrest  2,256        

or custody of a child retained pursuant to division (B) of this    2,257        

section and not delivered to a juvenile court shall be kept in a   2,258        

file separate and apart from fingerprints, photographs, and        2,259        

records of an arrest or custody of an adult.  All fingerprints of  2,260        

a child retained pursuant to division (B) of this section and not  2,261        

delivered to a juvenile court may be maintained in the files of    2,262        

fingerprints taken of adults.                                      2,263        

      (b)  If a child who is the subject of photographs or         2,265        

fingerprints is adjudicated a delinquent child for the commission  2,266        

of an act that would be an offense, other than a traffic offense   2,268        

or a minor misdemeanor, if committed by an adult or is convicted   2,269        

of or pleads guilty to a criminal offense, other than a traffic                 

offense or a minor misdemeanor, all fingerprints not maintained    2,271        

in the files of fingerprints taken of adults and all photographs   2,272        

of the child, and all records of the arrest or custody of the      2,273        

child that is the basis of the taking of the fingerprints or       2,274        

                                                          54     


                                                                 
photographs, that are retained pursuant to division (B) of this    2,275        

section and not delivered to a juvenile court shall be kept in a   2,276        

file separate and apart from fingerprints, photographs, and        2,277        

arrest and custody records of children who have not been           2,278        

adjudicated a delinquent child for the commission of an act that   2,279        

would be an offense, other than a traffic offense or a minor       2,280        

misdemeanor, if committed by an adult and have not been convicted  2,281        

of or pleaded guilty to a criminal offense other than a traffic    2,282        

offense or a minor misdemeanor.                                    2,283        

      (C)  Until they are delivered to the juvenile court or       2,285        

sealed, transferred in accordance with division (B)(3)(b) of this  2,286        

section, or destroyed pursuant to a sealing or expungement order,  2,287        

the originals and copies of fingerprints and photographs of a      2,288        

child that are obtained or taken pursuant to division (A)(1) or    2,289        

(2) of this section, and the records of the arrest or custody of   2,290        

the child that was the basis of the taking of the fingerprints or  2,291        

photographs, shall be used or released only as follows:            2,292        

      (1)  During the initial thirty-day period of retention,      2,294        

originals and copies of fingerprints and photographs of a child,   2,295        

and records of the arrest or custody of a child, shall be used,    2,296        

prior to the filing of a complaint against the child in relation   2,297        

to the act for which the fingerprints and photographs were         2,298        

originally obtained or taken, only for the investigation of that   2,299        

act and shall be released, prior to the filing of the complaint,   2,300        

only to a court that would have jurisdiction of the child's case   2,301        

under this chapter.  Subsequent to the filing of a complaint,      2,302        

originals and copies of fingerprints and photographs of a child,   2,303        

and records of the arrest or custody of a child, shall be used or  2,304        

released during the initial thirty-day period of retention only    2,305        

as provided in division (C)(2)(a), (b), or (c) of this section.    2,306        

      (2)  Originals and copies of fingerprints and photographs    2,308        

of a child, and records of the arrest or custody of a child, that  2,309        

are retained beyond the initial thirty-day period of retention     2,310        

subsequent to the filing of a complaint, a delinquent child        2,311        

                                                          55     


                                                                 
adjudication, or a conviction of or guilty plea to a criminal      2,312        

offense shall be used or released only as follows:                 2,313        

      (a)  Originals and copies of photographs of a child, and,    2,315        

if no fingerprints were taken at the time the photographs were     2,316        

taken, records of the arrest or custody of the child that was the  2,317        

basis of the taking of the photographs, may be used only as        2,318        

follows:                                                           2,319        

      (i)  They may be used for the investigation of the act for   2,321        

which they originally were obtained or taken; if the child who is  2,322        

the subject of the photographs is a suspect in the investigation,  2,323        

for the investigation of any act that would be an offense if       2,324        

committed by an adult; and for arresting or bringing the child     2,325        

into custody.                                                      2,326        

      (ii)  If the child who is the subject of the photographs is  2,328        

adjudicated a delinquent child for the commission of an act that   2,329        

would be a felony if committed by an adult or is convicted of or   2,330        

pleads guilty to a criminal offense that is a felony as a result   2,331        

of the arrest or custody that was the basis of the taking of the   2,332        

photographs, a law enforcement officer may use the photographs     2,333        

for a photo line-up conducted as part of the investigation of any  2,334        

act that would be a felony if committed by an adult, whether or    2,335        

not the child who is the subject of the photographs is a suspect   2,336        

in the investigation.                                              2,337        

      (b)  Originals and copies of fingerprints of a child, and    2,339        

records of the arrest or custody of the child that was the basis   2,340        

of the taking of the fingerprints, may be used only for the        2,341        

investigation of the act for which they originally were obtained   2,342        

or taken; if a child is a suspect in the investigation, for the    2,343        

investigation of another act that would be an offense if           2,344        

committed by an adult; and for arresting or bringing the child     2,345        

into custody.                                                      2,346        

      (c)  Originals and copies of fingerprints, photographs, and  2,348        

records of the arrest or custody that was the basis of the taking  2,349        

of the fingerprints or photographs shall be released only to the   2,350        

                                                          56     


                                                                 
following:                                                         2,351        

      (i)  Law enforcement officers of this state or a political   2,353        

subdivision of this state, upon notification to the juvenile       2,354        

court of the name and address of the law enforcement officer or    2,355        

agency to whom or to which they will be released;                  2,356        

      (ii)  A court that has jurisdiction of the child's case      2,358        

under Chapter 2151. of the Revised Code or subsequent to a         2,359        

transfer of the child's case for criminal prosecution pursuant to  2,360        

section 2151.26 of the Revised Code.                               2,361        

      (D)  No person shall knowingly do any of the following:      2,363        

      (1)  Fingerprint or photograph a child in the investigation  2,365        

of any violation of law other than as provided in division (A)(1)  2,366        

or (2) of this section or in sections 109.57, 109.60, and 109.61   2,368        

of the Revised Code;                                                            

      (2)  Retain fingerprints or photographs of a child obtained  2,370        

or taken under division (A)(1) or (2) of this section, copies of   2,371        

fingerprints or photographs of that nature, or records of the      2,373        

arrest or custody that was the basis of the taking of              2,374        

fingerprints or photographs of that nature other than in           2,375        

accordance with division (B) of this section;                      2,377        

      (3)  Use or release fingerprints or photographs of a child   2,379        

obtained or taken under division (A)(1) or (2) of this section,    2,380        

copies of fingerprints or photographs of that nature, or records   2,382        

of the arrest or custody that was the basis of the taking of       2,383        

fingerprints or photographs of that nature other than in           2,384        

accordance with division (B) or (C) of this section.               2,385        

      Sec. 2151.315.  (A)  As used in this section, "DNA           2,394        

analysis" and "DNA specimen" have the same meanings as in section  2,395        

109.573 of the Revised Code.                                       2,396        

      (B)(1)  A child who is adjudicated a delinquent child for    2,398        

committing an act listed in division (D) of this section and who   2,399        

is committed to the custody of the department of youth services    2,400        

or to a school, camp, institution, or other facility for           2,401        

delinquent children described in division (A)(3) of section        2,402        

                                                          57     


                                                                 
2151.355 of the Revised Code shall submit to a DNA specimen        2,403        

collection procedure administered by the director of youth                      

services if committed to the department or by the chief            2,404        

administrative officer of the school, camp, institution, or other  2,405        

facility for delinquent children to which the child was            2,406        

committed.  If the court commits the child to the department of    2,407        

youth services, the director of youth services shall cause the     2,408        

DNA specimen to be collected from the child during the intake      2,409        

process at an institution operated by or under the control of the  2,410        

department.  If the court commits the child to a school, camp,     2,411        

institution, or other facility for delinquent children, the chief  2,412        

administrative officer of the school, camp, institution, or        2,413        

facility to which the child is committed shall cause the DNA       2,415        

specimen to be collected from the child during the intake process  2,416        

for the school, camp, institution, or facility.  In accordance     2,417        

with division (C) of this section, the director or the chief       2,418        

administrative officer shall cause the DNA specimen to be          2,421        

forwarded to the bureau of criminal identification and             2,422        

investigation no later than fifteen days after the date of the     2,423        

collection of the DNA specimen.  The DNA specimen shall be         2,424        

collected from the child in accordance with division (C) of this   2,426        

section.                                                                        

      (2)  If a child is adjudicated a delinquent child for        2,428        

committing an act listed in division (D) of this section, is       2,430        

committed to the department of youth services or to a school,      2,432        

camp, institution, or other facility for delinquent children, and  2,433        

does not submit to a DNA specimen collection procedure pursuant    2,435        

to division (B)(1) of this section, prior to the child's release   2,436        

from the custody of the department of youth services or from the   2,437        

custody of the school, camp, institution, or facility, the child   2,438        

shall submit to, and the director of youth services or the chief   2,439        

administrator of the school, camp, institution, or facility to     2,440        

which the child is committed shall administer, a DNA specimen      2,441        

collection procedure at the institution operated by or under the   2,442        

                                                          58     


                                                                 
control of the department of youth services or at the school,      2,443        

camp, institution, or facility to which the child is committed.    2,444        

In accordance with division (C) of this section, the director or   2,445        

the chief administrative officer shall cause the DNA specimen to   2,448        

be forwarded to the bureau of criminal identification and                       

investigation no later than fifteen days after the date of the     2,449        

collection of the DNA specimen.  The DNA specimen shall be         2,450        

collected in accordance with division (C) of this section.         2,451        

      (C)  A physician, registered nurse, licensed practical       2,454        

nurse, duly licensed clinical laboratory technician, or other      2,455        

qualified medical practitioner shall collect in a medically                     

approved manner the DNA specimen required to be collected          2,456        

pursuant to division (B) of this section.  No later than fifteen   2,457        

days after the date of the collection of the DNA specimen, the     2,458        

director of youth services or the chief administrative officer of  2,460        

the school, camp, institution, or other facility for delinquent    2,461        

children to which the child is committed shall cause the DNA       2,462        

specimen to be forwarded to the bureau of criminal identification  2,464        

and investigation in accordance with procedures established by     2,465        

the superintendent of the bureau under division (H) of section     2,467        

109.573 of the Revised Code.  The bureau shall provide the         2,468        

specimen vials, mailing tubes, labels, postage, and instruction    2,469        

needed for the collection and forwarding of the DNA specimen to    2,471        

the bureau.                                                                     

      (D)  The director of youth services and the chief            2,473        

administrative officer of a school, camp, institution, or other    2,474        

facility for delinquent children shall cause a DNA specimen to be  2,475        

collected in accordance with divisions (B) and (C) of this         2,476        

section from each child in its custody who is adjudicated a        2,477        

delinquent child for committing any of the following acts:         2,479        

      (1)  A violation of section 2903.01, 2903.02, 2903.03,       2,481        

2903.04, 2903.11, 2903.13, 2905.01, 2905.02, 2905.11, 2907.02,     2,483        

2907.03, 2907.04, 2907.05, or 2909.02, 2909.03, 2911.01, 2911.02,  2,484        

2911.11, OR 2911.12 of the Revised Code;                           2,485        

                                                          59     


                                                                 
      (2)  A violation of section 2907.12 of the Revised Code as   2,487        

it existed prior to September 3, 1996;                             2,488        

      (3)  An attempt to commit a violation of section 2907.02,    2,490        

2907.03, 2907.04, or 2907.05 of the Revised Code or to commit a    2,492        

violation of section 2907.12 of the Revised Code as it existed     2,493        

prior to September 3, 1996;                                        2,494        

      (4)  A violation of any law that arose out of the same       2,496        

facts and circumstances and same act as did a charge against the   2,499        

child of a violation of section 2903.01, 2903.02, 2903.03,         2,500        

2903.04, 2903.11, 2903.13, 2905.01, 2905.02, 2905.11, 2907.02,     2,501        

2907.03, 2907.04, 2907.05, or 2909.02, 2909.03, 2911.01, 2911.02,  2,502        

2911.11, OR 2911.12 of the Revised Code that previously was        2,505        

dismissed or amended or as did a charge against the child of a     2,506        

violation of section 2907.12 of the Revised Code as it existed                  

prior to September 3, 1996, that previously was dismissed or       2,507        

amended;                                                                        

      (5)  A violation of section 2905.02 or 2919.23 of the        2,509        

Revised Code that would have been a violation of section 2905.04   2,511        

of the Revised Code as it existed prior to July 1, 1996, had the   2,512        

violation been committed prior to that date.                                    

      (E)  The director of youth services and the chief            2,514        

administrative officer of a school, camp, institution, or other    2,515        

facility for delinquent children is not required to comply with    2,516        

this section until the superintendent of the bureau of criminal    2,518        

identification and investigation gives agencies in the juvenile    2,519        

justice system, as defined in section 181.51 of the Revised Code,               

in the state official notification that the state DNA laboratory   2,522        

is prepared to accept DNA specimens.                               2,523        

      Sec. 2151.34.  A child who is alleged to be or adjudicated   2,532        

a delinquent child may be confined in a place of juvenile          2,534        

detention for a period not to exceed ninety days, during which     2,535        

time a social history may be prepared to include court record,     2,536        

family history, personal history, school and attendance records,   2,537        

and any other pertinent studies and material that will be of       2,538        

                                                          60     


                                                                 
assistance to the juvenile court in its disposition of the         2,539        

charges against that juvenile offender.                                         

      Upon the advice and recommendation of the judge, the board   2,541        

of county commissioners shall provide, by purchase, lease,         2,542        

construction, or otherwise, a place to be known as a detention     2,543        

home that shall be within a convenient distance of the juvenile    2,544        

court and shall not be used for the confinement of adults charged  2,545        

with criminal offenses and in which delinquent.  DELINQUENT        2,547        

children may be detained IN THE DETENTION HOME until final         2,548        

disposition AND, SUBSEQUENT TO ADJUDICATION AS A DELINQUENT                     

CHILD, PURSUANT TO AN ORDER OF DISPOSITION ENTERED UNDER DIVISION  2,549        

(A)(8) OR (9) OF SECTION 2151.355 OF THE REVISED CODE.  Upon the   2,550        

joint advice and recommendation of the juvenile judges of two or   2,551        

more adjoining or neighboring counties, the boards of county       2,552        

commissioners of the counties shall form themselves into a joint   2,553        

board and proceed to organize a district for the establishment     2,554        

and support of a detention home for the use of the juvenile        2,555        

courts of those counties, in which delinquent children may be      2,557        

detained until final disposition, by using a site or buildings                  

already established in one of the counties or by providing for     2,558        

the purchase of a site and the erection of the necessary           2,559        

buildings on the site.  DELINQUENT CHILDREN MAY BE DETAINED IN     2,560        

THE DETENTION HOME ESTABLISHED FOR THE DISTRICT UNTIL FINAL        2,561        

DISPOSITION AND, SUBSEQUENT TO ADJUDICATION AS A DELINQUENT        2,562        

CHILD, PURSUANT TO AN ORDER OF DISPOSITION ENTERED UNDER DIVISION  2,563        

(A)(8) OR (9) OF SECTION 2151.355 OF THE REVISED CODE.             2,564        

      A child who is adjudicated to be a juvenile traffic          2,566        

offender for having committed a violation of division (A) of       2,567        

section 4511.19 of the Revised Code or of a municipal ordinance    2,568        

that is substantially comparable to that division may be confined  2,569        

in a detention home or district detention home pursuant to         2,570        

division (A)(6) of section 2151.356 of the Revised Code, provided  2,571        

the child is kept separate and apart from alleged delinquent       2,572        

children                                                                        

                                                          61     


                                                                 
      The county or district detention home shall be maintained    2,574        

as provided in sections 2151.01 to 2151.54 of the Revised Code.    2,575        

In any county in which there is no detention home or that is not   2,576        

served by a district detention home, the board of county           2,577        

commissioners shall provide funds for the boarding of such         2,578        

children temporarily in private homes.  Children who are alleged   2,579        

to be or have been adjudicated delinquent children may be          2,580        

detained after a complaint is filed in the detention home until    2,581        

final disposition of their cases or in certified family foster     2,582        

homes or in any other home approved by the court, if any are       2,583        

available, for a period not exceeding sixty days or until final    2,584        

disposition of their cases, whichever comes first.  The court      2,585        

also may arrange with any public children services agency or       2,586        

private child placing agency to receive, or private noncustodial   2,587        

agency for temporary care of, the children within the              2,588        

jurisdiction of the court.  A district detention home approved     2,589        

for such purpose by the department of youth services under         2,590        

section 5139.281 of the Revised Code may receive children          2,591        

committed to its temporary custody under section 2151.355 of the   2,592        

Revised Code and provide the care, treatment, and training         2,593        

required.                                                                       

      If a detention home is established as an agency of the       2,595        

court or a district detention home is established by the courts    2,596        

of several counties as provided in this section, it shall be       2,597        

furnished and carried on, as far as possible, as a family home in  2,598        

charge of a superintendent or matron in a nonpunitive neutral      2,599        

atmosphere.  The judge, or the directing board of a district       2,600        

detention home, may appoint a superintendent, a matron, and other  2,601        

necessary employees for the home and fix their salaries.  During   2,602        

the school year, when possible, a comparable educational program   2,603        

with competent and trained staff shall be provided for those       2,604        

children of school age.  A sufficient number of trained            2,605        

recreational personnel shall be included among the staff to        2,606        

assure wholesome and profitable leisure-time activities.  Medical  2,607        

                                                          62     


                                                                 
and mental health services shall be made available to ensure the   2,608        

courts all possible treatment facilities shall be given to those   2,609        

children placed under their care.  In the case of a county         2,610        

detention home, the salaries shall be paid in the same manner as   2,611        

is provided by section 2151.13 of the Revised Code for other       2,612        

employees of the court, and the necessary expenses incurred in     2,613        

maintaining the detention home shall be paid by the county.  In    2,614        

the case of a district detention home, the salaries and the        2,615        

necessary expenses incurred in maintaining the district detention  2,616        

home shall be paid as provided in sections 2151.341 to 2151.3415   2,617        

of the Revised Code.                                               2,618        

      If the court arranges for the board of children temporarily  2,620        

detained in family foster homes or arranges for the board of       2,621        

those children through any private child placing agency, a         2,622        

reasonable sum to be fixed by the court for the board of those     2,623        

children shall be paid by the county.  In order to have family     2,624        

foster homes available for service, an agreed monthly subsidy may  2,625        

be paid and a fixed rate per day for care of children actually     2,626        

residing in the family foster home.                                2,627        

      Sec. 2151.35.  (A)(1)  The juvenile court may conduct its    2,636        

hearings in an informal manner and may adjourn its hearings from   2,637        

time to time.  In the hearing of any case, the general public may  2,638        

be excluded and only those persons admitted who have a direct      2,639        

interest in the case.                                              2,640        

      All EXCEPT CASES INVOLVING CHILDREN WHO ARE ALLEGED TO BE    2,642        

UNRULY OR DELINQUENT CHILDREN FOR BEING HABITUAL OR CHRONIC        2,643        

TRUANTS, ALL cases involving children shall be heard separately    2,645        

and apart from the trial of cases against adults.  The court may   2,646        

excuse the attendance of the child at the hearing in cases         2,647        

involving abused, neglected, or dependent children.  The court     2,648        

shall hear and determine all cases of children without a jury,     2,649        

EXCEPT THAT SECTION 2151.47 OF THE REVISED CODE SHALL APPLY IN     2,653        

CASES INVOLVING A CHILD WHO IS ALLEGED TO BE AN UNRULY OR          2,654        

DELINQUENT CHILD FOR BEING AN HABITUAL OR CHRONIC TRUANT AND A     2,657        

                                                          63     


                                                                 
PARENT, GUARDIAN, OR OTHER PERSON HAVING CARE OF THE CHILD WHO     2,658        

ALLEGEDLY FAILED TO CAUSE THE CHILD'S ATTENDANCE AT SCHOOL.        2,659        

      IF A COMPLAINT ALLEGES A CHILD TO BE A DELINQUENT CHILD,     2,661        

UNRULY CHILD, OR JUVENILE TRAFFIC OFFENDER, THE COURT SHALL        2,662        

REQUIRE THE PARENT, GUARDIAN, OR CUSTODIAN OF THE CHILD TO ATTEND  2,663        

ALL PROCEEDINGS OF THE COURT REGARDING THE CHILD.  IF A PARENT,    2,664        

GUARDIAN, OR CUSTODIAN FAILS TO SO ATTEND, THE COURT MAY FIND THE  2,665        

PARENT, GUARDIAN, OR CUSTODIAN IN CONTEMPT.                        2,666        

      If the court at the adjudicatory hearing finds from clear    2,668        

and convincing evidence that the child is an abused, neglected,    2,669        

or dependent child, the court shall proceed, in accordance with    2,670        

division (B) of this section, to hold a dispositional hearing and  2,671        

hear the evidence as to the proper disposition to be made under    2,672        

section 2151.353 of the Revised Code.  If the court at the         2,673        

adjudicatory hearing finds beyond a reasonable doubt that the      2,674        

child is a delinquent or unruly child or a juvenile traffic        2,675        

offender, the court shall proceed immediately, or at a postponed   2,676        

hearing, to hear the evidence as to the proper disposition to be   2,677        

made under sections 2151.352 to 2151.355 of the Revised Code.  If  2,679        

THE COURT AT THE ADJUDICATORY HEARING FINDS BEYOND A REASONABLE    2,680        

DOUBT THAT THE CHILD IS AN UNRULY CHILD FOR BEING AN HABITUAL      2,681        

TRUANT, OR THAT THE CHILD IS AN UNRULY CHILD FOR BEING AN          2,682        

HABITUAL TRUANT AND THAT THE PARENT, GUARDIAN, OR OTHER PERSON     2,683        

HAVING CARE OF THE CHILD HAS FAILED TO CAUSE THE CHILD'S           2,684        

ATTENDANCE AT SCHOOL IN VIOLATION OF SECTION 3321.38 OF THE        2,687        

REVISED CODE, THE COURT SHALL PROCEED TO HOLD A HEARING TO HEAR    2,689        

THE EVIDENCE AS TO THE PROPER DISPOSITION TO BE MADE IN REGARD TO  2,691        

THE CHILD UNDER DIVISION (C)(1) OF SECTION 2151.354 OF THE         2,693        

REVISED CODE AND THE PROPER ACTION TO TAKE IN REGARD TO THE        2,694        

PARENT, GUARDIAN, OR OTHER PERSON HAVING CARE OF THE CHILD UNDER   2,695        

DIVISION (C)(2) OF SECTION 2151.354 OF THE REVISED CODE.  IF THE   2,700        

COURT AT THE ADJUDICATORY HEARING FINDS BEYOND A REASONABLE DOUBT  2,701        

THAT THE CHILD IS A DELINQUENT CHILD FOR BEING A CHRONIC TRUANT                 

OR AN HABITUAL TRUANT WHO PREVIOUSLY HAS BEEN ADJUDICATED AN       2,702        

                                                          64     


                                                                 
UNRULY CHILD FOR BEING AN HABITUAL TRUANT, OR THAT THE CHILD IS A  2,703        

DELINQUENT CHILD FOR THAT REASON AND THE PARENT, GUARDIAN, OR      2,704        

OTHER PERSON HAVING CARE OF THE CHILD HAS FAILED TO CAUSE THE      2,705        

CHILD'S ATTENDANCE AT SCHOOL IN VIOLATION OF SECTION 3321.38 OF    2,706        

THE REVISED CODE, THE COURT SHALL PROCEED TO HOLD A HEARING TO     2,708        

HEAR THE EVIDENCE AS TO THE PROPER DISPOSITION TO BE MADE IN       2,709        

REGARD TO THE CHILD UNDER DIVISION (A)(25)(a) OF SECTION 2151.355  2,711        

OF THE REVISED CODE AND THE PROPER ACTION TO TAKE IN REGARD TO     2,713        

THE PARENT, GUARDIAN, OR OTHER PERSON HAVING CARE OF THE CHILD     2,714        

UNDER DIVISION (A)(25)(b) OF SECTION 2151.355 OF THE REVISED       2,716        

CODE.                                                                           

      IF the court does not find the child to be an abused,        2,719        

neglected, dependent, delinquent, or unruly child or a juvenile    2,720        

traffic offender, it shall order that the complaint be dismissed   2,721        

and that the child be discharged from any detention or             2,722        

restriction theretofore ordered.                                   2,723        

      (2)  A record of all testimony and other oral proceedings    2,725        

in juvenile court shall be made in all proceedings that are held   2,726        

pursuant to section 2151.414 of the Revised Code or in which an    2,727        

order of disposition may be made pursuant to division (A)(4) of    2,728        

section 2151.353 of the Revised Code, and shall be made upon       2,729        

request in any other proceedings.  The record OF TESTIMONY AND     2,730        

ORAL PROCEEDINGS shall be made as provided in section 2301.20 of   2,732        

the Revised Code.  IN ALL CASES IN WHICH A RECORD OF TESTIMONY     2,733        

AND OTHER ORAL PROCEEDINGS IS NOT REQUIRED UNDER THIS DIVISION,    2,734        

THE COURT SHALL MAKE AND RETAIN A SUMMARY OF ALL HEARINGS AND                   

PROCEEDINGS.                                                       2,735        

      (B)(1)  If the court at an adjudicatory hearing determines   2,737        

that a child is an abused, neglected, or dependent child, the      2,738        

court shall not issue a dispositional order until after the court  2,739        

holds a separate dispositional hearing.  The court may hold the    2,740        

dispositional hearing for an adjudicated abused, neglected, or     2,742        

dependent child immediately after the adjudicatory hearing if all  2,744        

parties were served prior to the adjudicatory hearing with all     2,745        

                                                          65     


                                                                 
documents required for the dispositional hearing.  The             2,746        

dispositional hearing may not be held more than thirty days after  2,747        

the adjudicatory hearing is held.  The court, upon the request of  2,748        

any party or the guardian ad litem of the child, may continue a    2,749        

dispositional hearing for a reasonable time not to exceed the      2,750        

time limits set forth in this division to enable a party to        2,751        

obtain or consult counsel.  The dispositional hearing shall not    2,752        

be held more than ninety days after the date on which the          2,753        

complaint in the case was filed.                                   2,754        

      If the dispositional hearing is not held within the period   2,756        

of time required by this division, the court, on its own motion    2,757        

or the motion of any party or the guardian ad litem of the child,  2,758        

shall dismiss the complaint without prejudice.                     2,759        

      (2)  The dispositional hearing shall be conducted in         2,761        

accordance with all of the following:                              2,762        

      (a)  The judge or referee who presided at the adjudicatory   2,764        

hearing shall preside, if possible, at the dispositional hearing;  2,765        

      (b)  The court may admit any evidence that is material and   2,767        

relevant, including, but not limited to, hearsay, opinion, and     2,768        

documentary evidence;                                              2,769        

      (c)  Medical examiners and each investigator who prepared a  2,771        

social history shall not be cross-examined, except upon consent    2,772        

of the parties, for good cause shown, or as the court in its       2,773        

discretion may direct.  Any party may offer evidence               2,774        

supplementing, explaining, or disputing any information contained  2,775        

in the social history or other reports that may be used by the     2,776        

court in determining disposition.                                  2,777        

      (3)  After the conclusion of the dispositional hearing, the  2,779        

court shall enter an appropriate judgment within seven days and    2,780        

shall schedule the date for the hearing to be held pursuant to     2,781        

section 2151.415 of the Revised Code.  The court may make any      2,782        

order of disposition that is set forth in section 2151.353 of the  2,783        

Revised Code.  A copy of the judgment shall be given to each       2,784        

party and to the child's guardian ad litem.  If the judgment is    2,785        

                                                          66     


                                                                 
conditional, the order shall state the conditions of the           2,786        

judgment.  If the child is not returned to the child's own home,   2,788        

the court shall determine which school district shall bear the     2,789        

cost of the child's education and shall comply with section        2,791        

2151.36 of the Revised Code.                                                    

      (4)  As part of its dispositional order, the court may       2,793        

issue any order described in division (B) of section 2151.33 of    2,794        

the Revised Code.                                                  2,795        

      (C)  The court shall give all parties to the action and the  2,797        

child's guardian ad litem notice of the adjudicatory and           2,798        

dispositional hearings in accordance with the Juvenile Rules.      2,799        

      (D)  If the court issues an order pursuant to division       2,801        

(A)(4) of section 2151.353 of the Revised Code committing a child  2,802        

to the permanent custody of a public children services agency or   2,803        

a private child placing agency, the parents of the child whose     2,804        

parental rights were terminated cease to be parties to the action  2,805        

upon the issuance of the order.  This division is not intended to  2,806        

eliminate or restrict any right of the parents to appeal the       2,807        

permanent custody order issued pursuant to division (A)(4) of      2,808        

section 2151.353 of the Revised Code.                              2,809        

      (E)  Each juvenile court shall schedule its hearings in      2,811        

accordance with the time requirements of this chapter.             2,812        

      (F)  In cases regarding abused, neglected, or dependent      2,814        

children, the court may admit any statement of a child that the    2,815        

court determines to be excluded by the hearsay rule if the         2,816        

proponent of the statement informs the adverse party of the        2,817        

proponent's intention to offer the statement and of the            2,819        

particulars of the statement, including the name of the            2,820        

declarant, sufficiently in advance of the hearing to provide the   2,821        

party with a fair opportunity to prepare to challenge, respond     2,822        

to, or defend against the statement, and the court determines all  2,823        

of the following:                                                  2,824        

      (1)  The statement has circumstantial guarantees of          2,826        

trustworthiness;                                                   2,827        

                                                          67     


                                                                 
      (2)  The statement is offered as evidence of a material      2,829        

fact;                                                              2,830        

      (3)  The statement is more probative on the point for which  2,832        

it is offered than any other evidence that the proponent can       2,833        

procure through reasonable efforts;                                2,834        

      (4)  The general purposes of the evidence rules and the      2,836        

interests of justice will best be served by the admission of the   2,837        

statement into evidence.                                           2,838        

      (G)  If a child is alleged to be an abused child, the court  2,840        

may order that the testimony of the child be taken by deposition.  2,841        

On motion of the prosecuting attorney, guardian ad litem, or any   2,842        

party, or in its own discretion, the court may order that the      2,843        

deposition be videotaped.  Any deposition taken under this         2,844        

division shall be taken with a judge or referee present.           2,845        

      If a deposition taken under this division is intended to be  2,847        

offered as evidence at the hearing, it shall be filed with the     2,848        

court.  Part or all of the deposition is admissible in evidence    2,849        

if counsel for all parties had an opportunity and similar motive   2,850        

at the time of the taking of the deposition to develop the         2,851        

testimony by direct, cross, or redirect examination and the judge  2,852        

determines that there is reasonable cause to believe that if the   2,853        

child were to testify in person at the hearing, the child would    2,854        

experience emotional trauma as a result of participating at the    2,857        

hearing.                                                                        

      (H)  IF THE JUVENILE COURT TRANSFERS A CHILD'S CASE TO THE   2,859        

GENERAL DIVISION OF A COURT OF COMMON PLEAS PURSUANT TO SECTION    2,860        

2151.261 OF THE REVISED CODE AND THERE IS A CONFLICT BETWEEN THAT  2,862        

SECTION AND THIS SECTION, THE PROCEDURES UNDER THAT SECTION SHALL  2,863        

APPLY TO THE TRANSFERRED CASE.                                                  

      Sec. 2151.354.  (A)  If the child is adjudicated an unruly   2,872        

child, the court may:                                              2,873        

      (1)  Make any of the dispositions authorized under section   2,875        

2151.353 of the Revised Code;                                      2,876        

      (2)  Place the child on probation under any conditions that  2,878        

                                                          68     


                                                                 
the court prescribes;                                              2,879        

      (3)  Suspend or revoke the driver's license, probationary    2,881        

driver's license, or temporary instruction permit issued to the    2,882        

child and suspend or revoke the registration of all motor          2,883        

vehicles registered in the name of the child.  A child whose       2,885        

license or permit is so suspended or revoked is ineligible for     2,886        

issuance of a license or permit during the period of suspension    2,887        

or revocation.  At the end of the period of suspension or                       

revocation, the child shall not be reissued a license or permit    2,888        

until the child has paid any applicable reinstatement fee and      2,889        

complied with all requirements governing license reinstatement.    2,890        

      (4)  Commit the child to the temporary or permanent custody  2,892        

of the court;                                                                   

      (5)  If, after making a disposition under division (A)(1),   2,894        

(2), or (3) of this section, the court finds upon further hearing  2,895        

that the child is not amenable to treatment or rehabilitation      2,896        

under that disposition, make a disposition otherwise authorized    2,897        

under divisions (A)(1), (2), and (A)(7)(10) to (11)(14) of         2,899        

section 2151.355 of the Revised Code, except that the child may    2,900        

not be committed to or placed in a secure correctional facility,   2,901        

and commitment to or placement in a detention home may not exceed  2,902        

twenty-four hours unless authorized by division (C)(3) of section  2,903        

2151.312 or sections 2151.56 to 2151.61 of the Revised Code.       2,904        

      (B)  If a child is adjudicated an unruly child for           2,906        

committing any act that, if committed by an adult, would be a      2,907        

drug abuse offense, as defined in section 2925.01 of the Revised   2,908        

Code, or a violation of division (B) of section 2917.11 of the     2,909        

Revised Code, then, in addition to imposing, in its discretion,    2,910        

any other order of disposition authorized by this section, the     2,911        

court shall do both of the following:                              2,912        

      (1)  Require the child to participate in a drug abuse or     2,914        

alcohol abuse counseling program;                                  2,915        

      (2)  Suspend or revoke the temporary instruction permit,     2,917        

probationary driver's license, or driver's license issued to the   2,919        

                                                          69     


                                                                 
child for a period of time prescribed by the court or, at the      2,920        

discretion of the court, until the child attends and               2,921        

satisfactorily completes a drug abuse or alcohol abuse education,  2,922        

intervention, or treatment program specified by the court.         2,923        

During the time the child is attending the program, the court      2,924        

shall retain any temporary instruction permit, probationary        2,925        

driver's license, or driver's license issued to the child and      2,926        

shall return the permit or license when the child satisfactorily   2,927        

completes the program.                                             2,928        

      (C)(1)  IF A CHILD IS ADJUDICATED AN UNRULY CHILD FOR BEING  2,930        

AN HABITUAL TRUANT, IN ADDITION TO OR IN LIEU OF IMPOSING ANY      2,932        

OTHER ORDER OF DISPOSITION AUTHORIZED BY THIS SECTION, THE COURT   2,933        

MAY DO ANY OF THE FOLLOWING:                                       2,934        

      (a)  ORDER THE BOARD OF EDUCATION OF THE CHILD'S SCHOOL      2,936        

DISTRICT OR THE GOVERNING BOARD OF THE EDUCATIONAL SERVICE CENTER  2,937        

IN THE CHILD'S SCHOOL DISTRICT TO REQUIRE THE CHILD TO ATTEND AN   2,938        

ALTERNATIVE SCHOOL IF AN ALTERNATIVE SCHOOL HAS BEEN ESTABLISHED   2,939        

PURSUANT TO SECTION 3313.533 OF THE REVISED CODE IN THE SCHOOL     2,940        

DISTRICT IN WHICH THE CHILD IS ENTITLED TO ATTEND SCHOOL;          2,942        

      (b)  REQUIRE THE CHILD TO PARTICIPATE IN ANY ACADEMIC        2,944        

PROGRAM OR COMMUNITY SERVICE PROGRAM;                              2,945        

      (c)  REQUIRE THE CHILD TO PARTICIPATE IN A DRUG ABUSE OR     2,947        

ALCOHOL ABUSE COUNSELING PROGRAM;                                  2,948        

      (d)  REQUIRE THAT THE CHILD RECEIVE APPROPRIATE MEDICAL OR   2,950        

PSYCHOLOGICAL TREATMENT OR COUNSELING;                             2,951        

      (e)  MAKE ANY OTHER ORDER THAT THE COURT FINDS PROPER TO     2,953        

ADDRESS THE CHILD'S HABITUAL TRUANCY.                              2,954        

      (2)  IF A CHILD IS ADJUDICATED AN UNRULY CHILD FOR BEING AN  2,957        

HABITUAL TRUANT AND THE COURT DETERMINES THAT THE PARENT,          2,958        

GUARDIAN, OR OTHER PERSON HAVING CARE OF THE CHILD HAS FAILED TO   2,959        

CAUSE THE CHILD'S ATTENDANCE AT SCHOOL IN VIOLATION OF SECTION     2,960        

3321.38 OF THE REVISED CODE, THE COURT MAY REQUIRE THE PARENT,     2,964        

GUARDIAN, OR OTHER PERSON HAVING CARE OF THE CHILD TO PARTICIPATE  2,965        

IN ANY COMMUNITY SERVICE PROGRAM, PREFERABLY A COMMUNITY SERVICE   2,966        

                                                          70     


                                                                 
PROGRAM THAT REQUIRES THE INVOLVEMENT OF THE PARENT, GUARDIAN, OR               

OTHER PERSON HAVING CARE OF THE CHILD IN THE SCHOOL ATTENDED BY    2,968        

THE CHILD.  IN ADDITION, THE COURT SHALL WARN THE PARENT,          2,970        

GUARDIAN, OR OTHER PERSON HAVING CARE OF THE CHILD THAT ANY        2,971        

SUBSEQUENT ADJUDICATION OF THE CHILD AS AN UNRULY OR DELINQUENT    2,972        

CHILD FOR BEING AN HABITUAL OR CHRONIC TRUANT MAY RESULT IN A      2,973        

CRIMINAL CHARGE AGAINST THE PARENT, GUARDIAN, OR OTHER PERSON      2,974        

HAVING CARE OF THE CHILD FOR A VIOLATION OF DIVISION (C) OF        2,975        

SECTION 2919.21 OR SECTION 2919.24 OF THE REVISED CODE.            2,976        

      Sec. 2151.355.  (A)  If SUBJECT TO SECTION 2151.261 OF THE   2,985        

REVISED CODE, IF a child is adjudicated a delinquent child, the    2,987        

court may make any of the following orders of disposition:         2,988        

      (1)  Any order that is authorized by section 2151.353 of     2,990        

the Revised Code;                                                  2,991        

      (2)  Place the child on probation under any conditions that  2,993        

the court prescribes.  If the child is adjudicated a delinquent    2,994        

child for violating section 2909.05, 2909.06, or 2909.07 of the    2,996        

Revised Code and if restitution is appropriate under the                        

circumstances of the case, the court shall require the child to    2,997        

make restitution for the property damage caused by the child's     2,998        

violation as a condition of the child's probation.  If the child   3,000        

is adjudicated a delinquent child because the child violated any   3,001        

other section of the Revised Code, the court may require the       3,002        

child as a condition of the child's probation to make restitution  3,003        

for the property damage caused by the child's violation and for    3,004        

the value of the property that was the subject of the violation    3,005        

the child committed if it would be a theft offense, as defined in  3,006        

division (K) of section 2913.01 of the Revised Code, if committed  3,007        

by an adult.  The restitution may be in the form of a cash         3,008        

reimbursement paid in a lump sum or in installments, the           3,009        

performance of repair work to restore any damaged property to its  3,010        

original condition, the performance of a reasonable amount of      3,011        

labor for the victim approximately equal to the value of the       3,012        

property damage caused by the child's violation or to the value    3,013        

                                                          71     


                                                                 
of the property that is the subject of the violation if it would   3,014        

be a theft offense if committed by an adult, the performance of    3,015        

community service or community work, any other form of             3,016        

restitution devised by the court, or any combination of the        3,017        

previously described forms of restitution.                                      

      If the child is adjudicated a delinquent child for           3,019        

violating a law of this state or the United States, or an          3,020        

ordinance or regulation of a political subdivision of this state,  3,021        

that would be a crime if committed by an adult or for violating    3,023        

division (A) of section 2923.211 of the Revised Code, the court,                

in addition to all other required or permissive conditions of      3,025        

probation that the court imposes upon the delinquent child         3,027        

pursuant to division (A)(2) of this section, shall require the     3,028        

child as a condition of the child's probation to abide by the law  3,029        

during the period of probation, including, but not limited to,     3,030        

complying with the provisions of Chapter 2923. of the Revised      3,031        

Code relating to the possession, sale, furnishing, transfer,       3,032        

disposition, purchase, acquisition, carrying, conveying, or use    3,033        

of, or other conduct involving, a firearm or dangerous ordnance,   3,034        

as defined in section 2923.11 of the Revised Code.                 3,035        

      (3)  Commit the child to the temporary custody of any        3,037        

school, camp, institution, or other facility operated for the      3,039        

care of delinquent children by the county, by a district           3,040        

organized under section 2151.34 or 2151.65 of the Revised Code,    3,041        

or by a private agency or organization, within or without the      3,042        

state, that is authorized and qualified to provide the care,       3,043        

treatment, or placement required;                                               

      (4)  If the child is adjudicated a delinquent child for      3,045        

committing an act that would be a felony of the third, fourth, or  3,046        

fifth degree if committed by an adult or for violating division    3,048        

(A) of section 2923.211 of the Revised Code, commit the child to   3,049        

the legal custody of the department of youth services for          3,050        

institutionalization for an indefinite term consisting of a        3,051        

minimum period of six months and a maximum period not to exceed    3,052        

                                                          72     


                                                                 
the child's attainment of twenty-one years of age;                 3,053        

      (5)(a)  If the child is adjudicated a delinquent child for   3,055        

violating section 2903.03, 2905.01, 2909.02, or 2911.01 or         3,056        

division (A) of section 2903.04 of the Revised Code or for         3,057        

violating any provision of section 2907.02 of the Revised Code     3,058        

other than division (A)(1)(b) of that section when the sexual      3,060        

conduct or insertion involved was consensual and when the victim                

of the violation of division (A)(1)(b) of that section was older   3,062        

than the delinquent child, was the same age as the delinquent      3,063        

child, or was less than three years younger than the delinquent    3,064        

child, commit the child to the legal custody of the department of  3,065        

youth services for institutionalization in a secure facility for   3,066        

an indefinite term consisting of a minimum period of one to three  3,067        

years, as prescribed by the court, and a maximum period not to     3,068        

exceed the child's attainment of twenty-one years of age;          3,069        

      (b)  If the child is adjudicated a delinquent child for      3,072        

violating section 2923.02 of the Revised Code and if the           3,073        

violation involves an attempt to commit a violation of section                  

2903.01 or 2903.02 of the Revised Code, commit the child to the    3,075        

legal custody of the department of youth services for                           

institutionalization in a secure facility for an indefinite term   3,076        

consisting of a minimum period of six to seven years, as           3,077        

prescribed by the court, and a maximum period not to exceed the    3,078        

child's attainment of twenty-one years of age;                                  

      (c)  If the child is adjudicated a delinquent child for      3,080        

committing an act that is not described in division (A)(5)(a) or   3,081        

(b) of this section and that would be a felony of the first or     3,082        

second degree if committed by an adult, commit the child to the    3,083        

legal custody of the department of youth services for              3,084        

institutionalization in a secure facility for an indefinite term   3,085        

consisting of a minimum period of one year and a maximum period    3,086        

not to exceed the child's attainment of twenty-one years of age.   3,087        

      (6)  If the child is adjudicated a delinquent child for      3,089        

committing a violation of section 2903.01 or 2903.02 of the        3,090        

                                                          73     


                                                                 
Revised Code, commit the child to the legal custody of the         3,092        

department of youth services for institutionalization in a secure  3,093        

facility until the child's attainment of twenty-one years of age;  3,094        

      (7)(a)  If the child is adjudicated a delinquent child for   3,097        

committing an act, other than a violation of section 2923.12 of    3,098        

the Revised Code, that would be a felony if committed by an adult  3,099        

and is committed to the legal custody of the department of youth   3,100        

services pursuant to division (A)(4), (5), or (6) of this section  3,101        

and if the court determines that the child, if the child was an    3,102        

adult, would be guilty of a specification of the type set forth    3,103        

in section 2941.141, 2941.144, 2941.145, or 2941.146 of the        3,104        

Revised Code in relation to the act for which the child was        3,105        

adjudicated a delinquent child, commit the child to the legal      3,106        

custody of the department of youth services for                                 

institutionalization in a secure facility for the following        3,107        

period of time, subject to division (A)(7)(c) of this section:     3,108        

      (i)  If the child would be guilty of a specification of the  3,110        

type set forth in section 2941.141 of the Revised Code, a period   3,111        

of one year;                                                       3,112        

      (ii)  If the child would be guilty of a specification of     3,114        

the type set forth in section 2941.144, 2941.145, or 2941.146 of   3,115        

the Revised Code, a period of three years.                         3,116        

      (b)  If the child is adjudicated a delinquent child for      3,118        

committing a category one offense or a category two offense and    3,119        

is committed to the legal custody of the department of youth       3,120        

services pursuant to division (A)(5) or (6) of this section and    3,121        

if the court determines that the child, if the child was an        3,122        

adult, would be guilty of a specification of the type set forth    3,123        

in section 2941.142 of the Revised Code in relation to the act     3,124        

for which the child was adjudicated a delinquent child, the court  3,125        

shall commit the child to the legal custody of the department of   3,127        

youth services for institutionalization in a secure facility for                

a period of not less than one year or more than three years,       3,128        

subject to division (A)(7)(c) of this section.                     3,129        

                                                          74     


                                                                 
      (c)  The court shall not commit a child to the legal         3,132        

custody of the department of youth services pursuant to division   3,133        

(A)(7)(a) or (b) of this section for a period of time that         3,134        

exceeds three years.  The period of commitment imposed pursuant    3,135        

to division (A)(7)(a) or (b) of this section shall be in addition  3,136        

to, and shall be served consecutively with and prior to, a period  3,137        

of commitment ordered pursuant to division (A)(4), (5), or (6) of  3,138        

this section, provided that the total of all the periods of        3,139        

commitment shall not exceed the child's attainment of twenty-one   3,140        

years of age.                                                                   

      (8)(a)  IF THE CHILD IS ADJUDICATED A DELINQUENT CHILD FOR   3,143        

COMMITTING AN ACT THAT WOULD BE A FELONY IF COMMITTED BY AN        3,144        

ADULT, COMMIT THE CHILD FOR A DEFINITE TERM OF NOT LONGER THAN     3,145        

NINETY DAYS TO THE TEMPORARY CUSTODY OF A DETENTION HOME OR        3,146        

DISTRICT DETENTION HOME ESTABLISHED UNDER SECTION 2151.34 OF THE   3,147        

REVISED CODE;                                                                   

      (9)  IF THE CHILD IS ADJUDICATED A DELINQUENT CHILD FOR      3,149        

COMMITTING AN ACT THAT WOULD BE A MISDEMEANOR IF COMMITTED BY AN   3,150        

ADULT, COMMIT THE CHILD FOR A DEFINITE TERM OF NOT LONGER THAN     3,152        

FORTY-FIVE DAYS TO THE TEMPORARY CUSTODY OF A DETENTION HOME OR                 

DISTRICT DETENTION HOME ESTABLISHED UNDER SECTION 2151.34 OF THE   3,154        

REVISED CODE.                                                                   

      (10)  Impose a fine and costs in accordance with the         3,158        

schedule set forth in section 2151.3512 of the Revised Code;                    

      (b)(11)  Require the child to make restitution for all or    3,160        

part of the property damage caused by the child's delinquent act   3,161        

and for all or part of the value of the property that was the      3,162        

subject of any delinquent act the child committed that would be a  3,163        

theft offense, as defined in division (K) of section 2913.01 of    3,164        

the Revised Code, if committed by an adult.  If the court          3,165        

determines that the victim of the child's delinquent act was       3,166        

sixty-five years of age or older or permanently and totally        3,167        

disabled at the time of the commission of the act, the court,      3,168        

regardless of whether or not the child knew the age of the         3,169        

                                                          75     


                                                                 
victim, shall consider that fact in favor of imposing              3,170        

restitution, but that fact shall not control the decision of the   3,171        

court.  The restitution may be in the form of a cash               3,172        

reimbursement paid in a lump sum or in installments, the           3,173        

performance of repair work to restore any damaged property to its  3,174        

original condition, the performance of a reasonable amount of      3,175        

labor for the victim, the performance of community service or      3,176        

community work, any other form of restitution devised by the       3,177        

court, or any combination of the previously described forms of     3,178        

restitution.                                                                    

      (9)(12)  Subject to division (D) of this section, suspend    3,181        

or revoke the driver's license, probationary driver's license, or  3,182        

temporary instruction permit issued to the child or suspend or     3,183        

revoke the registration of all motor vehicles registered in the    3,184        

name of the child.  A child whose license or permit is so          3,185        

suspended or revoked is ineligible for issuance of a license or    3,186        

permit during the period of suspension or revocation.  At the end  3,187        

of the period of suspension or revocation, the child shall not be  3,188        

reissued a license or permit until the child has paid any          3,189        

applicable reinstatement fee and complied with all requirements    3,190        

governing license reinstatement.                                                

      (10)(13)  If the child is adjudicated a delinquent child     3,192        

for committing an act that, if committed by an adult, would be a   3,194        

criminal offense that would qualify the adult as an eligible                    

offender pursuant to division (A)(3) of section 2929.23 of the     3,195        

Revised Code, impose a period of electronically monitored house    3,196        

detention in accordance with division (I)(J) of this section that  3,198        

does not exceed the maximum sentence of imprisonment that could    3,199        

be imposed upon an adult who commits the same act;                 3,200        

      (11)(14)  Impose a period of day reporting in which the      3,202        

child is required each day to report to and leave a center or      3,203        

other approved reporting location at specified times in order to   3,204        

participate in work, education or training, treatment, and other   3,205        

approved programs at the center or outside the center;             3,206        

                                                          76     


                                                                 
      (12)(15)  Impose a period of electronically monitored house  3,208        

arrest in accordance with division (I) of this section;            3,210        

      (13)(16)  Impose a period of community service of up to      3,212        

five hundred hours;                                                3,213        

      (14)(17)  Impose a period in an alcohol or drug treatment    3,215        

program with a level of security for the child as determined       3,216        

necessary by the court;                                            3,217        

      (15)(18)  Impose a period of intensive supervision, in       3,219        

which the child is required to maintain frequent contact with a    3,220        

person appointed by the court to supervise the child while the     3,221        

child is seeking or maintaining employment and participating in    3,222        

training, education, and treatment programs as the order of        3,223        

disposition;                                                       3,224        

      (16)(19)  Impose a period of basic supervision, in which     3,226        

the child is required to maintain contact with a person appointed  3,227        

to supervise the child in accordance with sanctions imposed by     3,228        

the court;                                                         3,229        

      (17)(20)  Impose a period of drug and alcohol use            3,231        

monitoring;                                                        3,232        

      (18)(21)  Impose a period in which the court orders the      3,234        

child to observe a curfew that may involve daytime or evening      3,235        

hours;                                                             3,236        

      (19)(22)  Require the child to obtain a high school          3,239        

diploma, a certificate of high school equivalence, or employment;  3,240        

      (20)(23)  If the court obtains the assent of the victim of   3,243        

the criminal act committed by the child, require the child to      3,244        

participate in a reconciliation or mediation program that          3,245        

includes a meeting in which the child and the victim may discuss   3,246        

the criminal act, discuss restitution, and consider other          3,247        

sanctions for the criminal act;                                                 

      (21)(24)  Commit the child to the temporary or permanent     3,249        

custody of the court;                                              3,250        

      (22)(25)(a)  IF A CHILD IS ADJUDICATED A DELINQUENT CHILD    3,253        

FOR BEING A CHRONIC TRUANT OR AN HABITUAL TRUANT WHO PREVIOUSLY    3,254        

                                                          77     


                                                                 
HAS BEEN ADJUDICATED AN UNRULY CHILD FOR BEING AN HABITUAL         3,255        

TRUANT, MAKE ANY ORDER OF DISPOSITION AS AUTHORIZED BY THIS        3,256        

SECTION;                                                                        

      (b)  IF A CHILD IS ADJUDICATED A DELINQUENT CHILD FOR BEING  3,258        

A CHRONIC TRUANT OR AN HABITUAL TRUANT WHO PREVIOUSLY HAS BEEN     3,260        

ADJUDICATED AN UNRULY CHILD FOR BEING AN HABITUAL TRUANT AND THE   3,262        

COURT DETERMINES THAT THE PARENT, GUARDIAN, OR OTHER PERSON        3,263        

HAVING CARE OF THE CHILD HAS FAILED TO CAUSE THE CHILD'S           3,264        

ATTENDANCE AT SCHOOL IN VIOLATION OF SECTION 3321.38 OF THE        3,265        

REVISED CODE, REQUIRE THE PARENT, GUARDIAN, OR OTHER PERSON        3,266        

HAVING CARE OF THE CHILD TO PARTICIPATE IN ANY COMMUNITY SERVICE   3,267        

PROGRAM, PREFERABLY A COMMUNITY SERVICE PROGRAM THAT REQUIRES THE  3,268        

INVOLVEMENT OF THE PARENT, GUARDIAN, OR OTHER PERSON HAVING CARE   3,269        

OF THE CHILD IN THE SCHOOL ATTENDED BY THE CHILD.  IN ADDITION,    3,270        

THE COURT SHALL WARN THE PARENT, GUARDIAN, OR OTHER PERSON HAVING  3,271        

CARE OF THE CHILD THAT ANY SUBSEQUENT ADJUDICATION OF THE CHILD    3,272        

AS AN UNRULY OR DELINQUENT CHILD FOR BEING AN HABITUAL OR CHRONIC  3,273        

TRUANT MAY RESULT IN A CRIMINAL CHARGE AGAINST THE PARENT,         3,274        

GUARDIAN, OR OTHER PERSON HAVING CARE OF THE CHILD FOR A           3,275        

VIOLATION OF DIVISION (C) OF SECTION 2919.21 OR SECTION 2919.24    3,276        

OF THE REVISED CODE.                                               3,277        

      (26)  Make any further disposition that the court finds      3,280        

proper, except that the child shall not be placed in any state     3,281        

correctional institution, county, multicounty, or municipal jail   3,282        

or workhouse, or other place in which an adult convicted of a      3,284        

crime, under arrest, or charged with a crime is held (22).         3,285        

      (B)(1)  If a child is adjudicated a delinquent child for     3,288        

violating section 2923.32 of the Revised Code, the court, in       3,289        

addition to any order of disposition it makes for the child under  3,290        

division (A) of this section, shall enter an order of criminal     3,291        

forfeiture against the child in accordance with divisions (B)(3),  3,292        

(4), (5), and (6) and (C) to (F) of section 2923.32 of the         3,293        

Revised Code.                                                                   

      (2)  If a child is adjudicated a delinquent child for        3,296        

                                                          78     


                                                                 
committing two or more acts that would be felonies if committed                 

by an adult and if the court entering the delinquent child         3,297        

adjudication orders the commitment of the child, for two or more   3,298        

of those acts, to the legal custody of the department of youth     3,299        

services for institutionalization or institutionalization in a     3,300        

secure facility pursuant to division (A)(4), (5), or (6) of this   3,301        

section, the court may order that all of the periods of            3,302        

commitment imposed under those divisions for those acts be served  3,304        

consecutively in the legal custody of the department of youth      3,305        

services and, if applicable, be in addition to and commence        3,306        

immediately following the expiration of a period of commitment     3,307        

that the court imposes pursuant to division (A)(7) of this         3,308        

section.  A court shall not commit a delinquent child to the       3,309        

legal custody of the department of youth services under division   3,310        

(B)(2) of this section for a period that exceeds the child's       3,311        

attainment of twenty-one years of age.                                          

      (C)  If a child is adjudicated a delinquent child for        3,313        

committing an act that, if committed by an adult, would be a drug  3,315        

abuse offense, as defined in section 2925.01 of the Revised Code,  3,316        

or for violating division (B) of section 2917.11 of the Revised    3,317        

Code, in addition to imposing in its discretion any other order    3,318        

of disposition authorized by this section, the court shall do      3,319        

both of the following:                                                          

      (1)  Require the child to participate in a drug abuse or     3,321        

alcohol abuse counseling program;                                  3,322        

      (2)  Suspend or revoke the temporary instruction permit,     3,324        

probationary driver's license, or driver's license issued to the   3,326        

child for a period of time prescribed by the court or, at the      3,327        

discretion of the court, until the child attends and               3,328        

satisfactorily completes, a drug abuse or alcohol abuse            3,330        

education, intervention, or treatment program specified by the     3,331        

court.  During the time the child is attending the program, the    3,332        

court shall retain any temporary instruction permit, probationary  3,333        

driver's license, or driver's license issued to the child, and     3,334        

                                                          79     


                                                                 
the court shall return the permit or license when the child        3,335        

satisfactorily completes the program.                              3,336        

      (D)  If a child is adjudicated a delinquent child for        3,339        

violating section 2923.122 of the Revised Code, the court, in                   

addition to any order of disposition it makes for the child under  3,341        

division (A), (B), or (C) of this section, shall revoke the        3,343        

temporary instruction permit and deny the child the issuance of    3,344        

another temporary instruction permit in accordance with division   3,345        

(E)(F)(1)(b) of section 2923.122 of the Revised Code or shall      3,346        

suspend the probationary driver's license, restricted license, or  3,347        

nonresident operating privilege of the child or deny the child     3,348        

the issuance of a probationary driver's license, restricted        3,349        

license, or temporary instruction permit in accordance with        3,350        

division (E)(F)(1)(a), (c), (d), or (e) of section 2923.122 of     3,351        

the Revised Code.                                                  3,352        

      (E)(1)  At the dispositional hearing and prior to making     3,354        

any disposition pursuant to division (A) of this section, the      3,355        

court shall determine whether a victim of the delinquent act       3,356        

committed by the child was five years of age or younger at the     3,357        

time the delinquent act was committed, whether a victim of the     3,358        

delinquent act sustained physical harm to the victim's person      3,359        

during the commission of or otherwise as a result of the           3,360        

delinquent act, whether a victim of the delinquent act was         3,361        

sixty-five years of age or older or permanently and totally        3,362        

disabled at the time the delinquent act was committed, and         3,363        

whether the delinquent act would have been an offense of violence  3,364        

if committed by an adult.  If the victim was five years of age or  3,365        

younger at the time the delinquent act was committed, sustained    3,366        

physical harm to the victim's person during the commission of or                

otherwise as a result of the delinquent act, or was sixty-five     3,367        

years of age or older or permanently and totally disabled at the   3,369        

time the act was committed, regardless of whether the child knew   3,370        

the age of the victim, and if the act would have been an offense   3,371        

of violence if committed by an adult, the court shall consider     3,372        

                                                          80     


                                                                 
those facts in favor of imposing commitment under division         3,373        

(A)(3), (4), (5), or (6) of this section, but those facts shall    3,374        

not control the court's decision.                                               

      (2)  At the dispositional hearing and prior to making any    3,376        

disposition pursuant to division (A)(4), (5), or (6) of this       3,377        

section, the court shall determine whether the delinquent child    3,378        

previously has been adjudicated a delinquent child for a           3,379        

violation of a law or ordinance.  If the delinquent child          3,380        

previously has been adjudicated a delinquent child for a           3,381        

violation of a law or ordinance, the court, for purposes of                     

entering an order of disposition for the delinquent child under    3,382        

this section, shall consider the previous delinquent child         3,384        

adjudication as a conviction of a violation of the law or          3,385        

ordinance in determining the degree of offense the current                      

delinquent act would be had it been committed by an adult.         3,386        

      (F)(1)  When a juvenile court commits a delinquent child to  3,388        

the custody of the department of youth services pursuant to this   3,389        

section, the court shall not designate the specific institution    3,390        

in which the department is to place the child but instead shall    3,392        

specify that the child is to be institutionalized or that the      3,393        

institutionalization is to be in a secure facility if that is                   

required by division (A) of this section.                          3,394        

      (2)  When a juvenile court commits a delinquent child to     3,396        

the custody of the department of youth services, the court shall   3,397        

provide the department with the child's medical records, a copy    3,398        

of the report of any mental examination of the child ordered by    3,400        

the court, the section or sections of the Revised Code violated    3,401        

by the child and the degree of the violation, the warrant to       3,402        

convey the child to the department, a copy of the court's journal  3,403        

entry ordering the commitment of the child to the legal custody    3,404        

of the department, a copy of the arrest record pertaining to the   3,405        

act for which the child was adjudicated a delinquent child, a      3,406        

copy of any victim impact statement pertaining to the act, and     3,407        

any other information concerning the child that the department     3,408        

                                                          81     


                                                                 
reasonably requests.  The court also shall complete the form for   3,409        

the standard disposition investigation report that is developed    3,411        

and furnished by the department of youth services pursuant to      3,412        

section 5139.04 of the Revised Code and provide the department                  

with the completed form.  The department may refuse to accept      3,413        

physical custody of a delinquent child who is committed to the     3,415        

legal custody of the department until the court provides to the    3,416        

department the documents specified in division (F)(2) of this      3,417        

section.  No officer or employee of the department who refuses to  3,418        

accept physical custody of a delinquent child who is committed to  3,419        

the legal custody of the department shall be subject to                         

prosecution or contempt of court for the refusal if the court      3,420        

fails to provide the documents specified in division (F)(2) of     3,421        

this section at the time the court transfers the physical custody  3,422        

of the child to the department.                                    3,423        

      (3)  Within twenty working days after the department of      3,425        

youth services receives physical custody of a delinquent child     3,426        

from a juvenile court, the court shall provide the department      3,427        

with a certified copy of the child's birth certificate or the      3,429        

child's social security number, or, if the court made all                       

reasonable efforts to obtain the information but was               3,430        

unsuccessful, the court shall provide the department with          3,431        

documentation of the efforts it made to obtain the information.    3,432        

      (4)  When a juvenile court commits a delinquent child to     3,434        

the custody of the department of youth services, the court shall   3,435        

give notice to the school attended by the child of the child's     3,436        

commitment by sending to that school a copy of the court's         3,437        

journal entry ordering the commitment.  As soon as possible after  3,438        

receipt of the notice described in this division, the school       3,439        

shall provide the department with the child's school transcript.   3,440        

However, the department shall not refuse to accept a child         3,441        

committed to it, and a child committed to it shall not be held in  3,442        

a county or district detention home, because of a school's         3,443        

failure to provide the school transcript that it is required to    3,444        

                                                          82     


                                                                 
provide under division (F)(4) of this section.                     3,445        

      (5)  The department of youth services shall provide the      3,447        

court and the school with an updated copy of the child's school    3,448        

transcript and shall provide the court with a summary of the       3,449        

institutional record of the child when it releases the child from  3,450        

institutional care.  The department also shall provide the court   3,451        

with a copy of any portion of the child's institutional record     3,452        

that the court specifically requests within five working days of   3,453        

the request.                                                                    

      (6)  When a juvenile court commits a delinquent child to     3,455        

the custody of the department of youth services pursuant to        3,456        

division (A)(4) or (5) of this section, the court shall state in   3,457        

the order of commitment the total number of days that the child    3,458        

has been held, as of the date of the issuance of the order, in     3,459        

detention in connection with the delinquent child complaint upon   3,460        

which the order of commitment is based.  The department shall      3,462        

reduce the minimum period of institutionalization or minimum       3,463        

period of institutionalization in a secure facility specified in   3,464        

division (A)(4) or (5) of this section by both the total number    3,465        

of days that the child has been so held in detention as stated by  3,466        

the court in the order of commitment and the total number of any   3,467        

additional days that the child has been held in detention          3,468        

subsequent to the order of commitment but prior to the transfer    3,469        

of physical custody of the child to the department.                             

      (G)(1)  At any hearing at which a child is adjudicated a     3,472        

delinquent child or as soon as possible after the hearing, the                  

court shall notify all victims of the delinquent act, who may be   3,473        

entitled to a recovery under any of the following sections, of     3,474        

the right of the victims to recover, pursuant to section 3109.09   3,475        

of the Revised Code, compensatory damages from the child's         3,476        

parents; of the right of the victims to recover, pursuant to       3,477        

section 3109.10 of the Revised Code, compensatory damages from     3,478        

the child's parents for willful and malicious assaults committed   3,479        

by the child; and of the right of the victims to recover an award  3,480        

                                                          83     


                                                                 
of reparations pursuant to sections 2743.51 to 2743.72 of the      3,481        

Revised Code.                                                      3,482        

      (2)  If a child is adjudicated a delinquent child for        3,485        

committing an act that, if committed by an adult, would be         3,486        

aggravated murder, murder, rape, felonious sexual penetration in                

violation of former section 2907.12 of the Revised Code,           3,487        

involuntary manslaughter, a felony of the first or second degree   3,489        

resulting in the death of or physical harm to a person,            3,490        

complicity in or an attempt to commit any of those offenses, or                 

an offense under an existing or former law of this state that is   3,491        

or was substantially equivalent to any of those offenses and if    3,492        

the court in its order of disposition for that act commits the     3,493        

child to the custody of the department of youth services, the      3,494        

court may make a specific finding that the adjudication should be  3,495        

considered a conviction for purposes of a determination in the     3,496        

future, pursuant to Chapter 2929. of the Revised Code, as to       3,497        

whether the child is a repeat violent offender as defined in       3,498        

section 2929.01 of the Revised Code.  If the court makes a         3,499        

specific finding as described in this division, it shall include   3,500        

the specific finding in its order of disposition and in the        3,501        

record in the case.                                                             

      (H)(1)  If a child is adjudicated a delinquent child for     3,503        

committing an act that would be a felony if committed by an adult  3,505        

and if the child caused, attempted to cause, threatened to cause,  3,506        

or created the risk of physical harm to the victim of the act,     3,507        

the court, prior to issuing an order of disposition under this     3,508        

section, shall order the preparation of a victim impact statement  3,509        

by the probation department of the county in which the victim of   3,510        

the act resides, by the court's own probation department, or by a  3,511        

victim assistance program that is operated by the state, a         3,512        

county, a municipal corporation, or another governmental entity.   3,513        

The court shall consider the victim impact statement in            3,514        

determining the order of disposition to issue for the child.       3,515        

      (2)  Each victim impact statement shall identify the victim  3,517        

                                                          84     


                                                                 
of the act for which the child was adjudicated a delinquent        3,518        

child, itemize any economic loss suffered by the victim as a       3,519        

result of the act, identify any physical injury suffered by the    3,520        

victim as a result of the act and the seriousness and permanence   3,521        

of the injury, identify any change in the victim's personal        3,522        

welfare or familial relationships as a result of the act and any   3,523        

psychological impact experienced by the victim or the victim's     3,524        

family as a result of the act, and contain any other information   3,525        

related to the impact of the act upon the victim that the court    3,526        

requires.                                                          3,527        

      (3)  A victim impact statement shall be kept confidential    3,529        

and is not a public record, as defined in section 149.43 of the    3,530        

Revised Code.  However, the court may furnish copies of the        3,531        

statement to the department of youth services pursuant to          3,532        

division (F)(3) of this section or to both the adjudicated         3,533        

delinquent child or the adjudicated delinquent child's counsel     3,534        

and the prosecuting attorney.  The copy of a victim impact         3,536        

statement furnished by the court to the department pursuant to     3,537        

division (F)(3) of this section shall be kept confidential and is  3,538        

not a public record, as defined in section 149.43 of the Revised   3,539        

Code.  The copies of a victim impact statement that are made       3,540        

available to the adjudicated delinquent child or the adjudicated   3,541        

delinquent child's counsel and the prosecuting attorney pursuant   3,543        

to division (H)(3) of this section shall be returned to the court  3,546        

by the person to whom they were made available immediately         3,547        

following the imposition of an order of disposition for the child  3,548        

under this section.                                                             

      (I)(1)  As used in division (I)(2) of this section, "felony  3,550        

drug abuse offense" has the same meaning as in section 2925.01 of  3,551        

the Revised Code.                                                  3,552        

      (2)  Sections 2925.41 to 2925.45 of the Revised Code apply   3,554        

to children who are adjudicated or could be adjudicated by a       3,555        

juvenile court to be delinquent children for an act that, if       3,556        

committed by an adult, would be a felony drug abuse offense.       3,557        

                                                          85     


                                                                 
Subject to division (B) of section 2925.42 and division (E) of     3,558        

section 2925.43 of the Revised Code, a delinquent child of that    3,559        

nature loses any right to the possession of, and forfeits to the   3,560        

state any right, title, and interest that the delinquent child     3,561        

may have in, property as defined in section 2925.41 and further    3,562        

described in section 2925.42 or 2925.43 of the Revised Code.       3,563        

      (3)(2)  Sections 2923.44 to 2923.47 of the Revised Code      3,566        

apply to children who are adjudicated or could be adjudicated by                

a juvenile court to be delinquent children for an act in           3,568        

violation of section 2923.42 of the Revised Code.  Subject to      3,569        

division (B) of section 2923.44 and division (E) of section        3,570        

2923.45 of the Revised Code, a delinquent child of that nature     3,571        

loses any right to the possession of, and forfeits to the state    3,572        

any right, title, and interest that the delinquent child may have  3,573        

in, property as defined in section 2923.41 of the Revised Code     3,574        

and further described in section 2923.44 or 2923.45 of the         3,575        

Revised Code.                                                                   

      (J)(1)  As used in this section:                             3,577        

      (a)  "Electronic monitoring device," "certified electronic   3,579        

monitoring device," "electronic monitoring system," and            3,580        

"certified electronic monitoring system" have the same meanings    3,581        

as in section 2929.23 of the Revised Code.                         3,582        

      (b)  "Electronically monitored house detention" means a      3,584        

period of confinement of a child in the child's home or in other   3,585        

premises specified by the court, during which period of            3,587        

confinement all of the following apply:                            3,588        

      (i)  The child wears, otherwise has attached to the child's  3,590        

person, or otherwise is subject to monitoring by a certified       3,591        

electronic monitoring device or is subject to monitoring by a      3,592        

certified electronic monitoring system.                            3,593        

      (ii)  The child is required to remain in the child's home    3,595        

or other premises specified by the court for the specified period  3,596        

of confinement, except for periods of time during which the child  3,597        

is at school or at other premises as authorized by the court.      3,598        

                                                          86     


                                                                 
      (iii)  The child is subject to monitoring by a central       3,600        

system that monitors the certified electronic monitoring device    3,601        

that is attached to the child's person or that otherwise is being  3,602        

used to monitor the child and that can monitor and determine the   3,604        

child's location at any time or at a designated point in time, or  3,605        

the child is required to participate in monitoring by a certified  3,606        

electronic monitoring system.                                      3,607        

      (iv)  The child is required by the court to report           3,609        

periodically to a person designated by the court.                  3,610        

      (v)  The child is subject to any other restrictions and      3,612        

requirements that may be imposed by the court.                     3,613        

      (2)  A juvenile court, pursuant to division (A)(10)(13) of   3,616        

this section, may impose a period of electronically monitored      3,617        

house detention upon a child who is adjudicated a delinquent       3,618        

child for committing an act that, if committed by an adult, would  3,619        

be a criminal offense that would qualify the adult as an eligible  3,620        

offender pursuant to division (A)(3) of section 2929.23 of the     3,621        

Revised Code.  The court may impose a period of electronically     3,622        

monitored house detention in addition to or in lieu of any other   3,623        

dispositional order imposed upon the child, except that any        3,624        

period of electronically monitored house detention shall not       3,625        

extend beyond the child's eighteenth birthday.  If a court         3,626        

imposes a period of electronically monitored house detention upon  3,627        

a child, it shall require the child to wear, otherwise have        3,628        

attached to the child's person, or otherwise be subject to         3,629        

monitoring by a certified electronic monitoring device or to       3,631        

participate in the operation of and monitoring by a certified      3,632        

electronic monitoring system; to remain in the child's home or     3,633        

other specified premises for the entire period of electronically   3,635        

monitored house detention except when the court permits the child  3,636        

to leave those premises to go to school or to other specified      3,637        

premises; to be monitored by a central system that monitors the    3,638        

certified electronic monitoring device that is attached to the     3,639        

child's person or that otherwise is being used to monitor the      3,640        

                                                          87     


                                                                 
child and that can monitor and determine the child's location at   3,641        

any time or at a designated point in time or to be monitored by    3,642        

the certified electronic monitoring system; to report              3,643        

periodically to a person designated by the court; and, in return   3,644        

for receiving a dispositional order of electronically monitored    3,645        

house detention, to enter into a written contract with the court   3,646        

agreeing to comply with all restrictions and requirements imposed  3,647        

by the court, agreeing to pay any fee imposed by the court for     3,648        

the costs of the electronically monitored house detention imposed  3,649        

by the court pursuant to division (E) of section 2929.23 of the    3,650        

Revised Code, and agreeing to waive the right to receive credit    3,651        

for any time served on electronically monitored house detention    3,652        

toward the period of any other dispositional order imposed upon    3,653        

the child for the act for which the dispositional order of         3,654        

electronically monitored house detention was imposed if the child  3,655        

violates any of the restrictions or requirements of the            3,656        

dispositional order of electronically monitored house detention.   3,657        

The court also may impose other reasonable restrictions and        3,658        

requirements upon the child.                                                    

      (3)(2)  If a child violates any of the restrictions or       3,660        

requirements imposed upon the child as part of the child's         3,661        

dispositional order of electronically monitored house detention,   3,662        

the child shall not receive credit for any time served on          3,663        

electronically monitored house detention toward any other          3,664        

dispositional order imposed upon the child for the act for which   3,665        

the dispositional order of electronically monitored house          3,667        

detention was imposed.                                                          

      (K)(1)  Within ten days after completion of the              3,669        

adjudication, the court shall give written notice of an            3,670        

adjudication that a child is a delinquent child to the             3,671        

superintendent of a city, local, exempted village, or joint        3,672        

vocational school district, AND TO THE PRINCIPAL OF THE SCHOOL     3,673        

THE CHILD ATTENDS, if the basis of the adjudication was the        3,674        

commission of an act that would be a criminal offense if           3,675        

                                                          88     


                                                                 
committed by an adult and that, IF THE ACT was committed by the    3,677        

delinquent child when the child was sixteen FOURTEEN years of age  3,679        

or older, and if the act is any of the following:                               

      (1)  A violation of section 2923.122 of the Revised Code     3,681        

that relates to property owned or controlled by, or to an          3,682        

activity held under the auspices of, the board of education of     3,683        

that school district (a)  AN ACT THAT WOULD BE A FELONY OR AN      3,685        

OFFENSE OF VIOLENCE IF COMMITTED BY AN ADULT, AN ACT IN THE        3,686        

COMMISSION OF WHICH THE CHILD USED OR BRANDISHED A FIREARM, OR AN  3,687        

ACT THAT IS A VIOLATION OF SECTION 2907.04, 2907.06, 2907.07,      3,688        

2907.08, 2907.09, 2907.24, OR 2907.241 OF THE REVISED CODE AND                  

THAT WOULD BE A MISDEMEANOR IF COMMITTED BY AN ADULT;              3,689        

      (2)(b)  A violation of section 2923.12 of the Revised Code   3,691        

or of a substantially similar municipal ordinance THAT WOULD BE A  3,692        

MISDEMEANOR IF COMMITTED BY AN ADULT AND that was committed on     3,694        

property owned or controlled by, or at an activity held under the               

auspices of, the board of education of that school district;       3,695        

      (3)(c)  A violation of division (A) of section 2925.03 or    3,697        

2925.11 of the Revised Code THAT WOULD BE A MISDEMEANOR IF         3,699        

COMMITTED BY AN ADULT, that was committed on property owned or     3,701        

controlled by, or at an activity held under the auspices of, the   3,702        

board of education of that school district, and that is not a      3,703        

minor drug possession offense as defined in section 2925.01 of     3,704        

the Revised Code;                                                  3,705        

      (4)  A violation of section 2903.01, 2903.02, 2903.03,       3,707        

2903.04, 2903.11, 2903.12, 2907.02, or 2907.05 of the Revised      3,709        

Code, or a violation of former section 2907.12 of the Revised                   

Code, that was committed on property owned or controlled by, or    3,710        

at an activity held under the auspices of, the board of education  3,711        

of that school district, if the victim at the time of the          3,713        

commission of the act was an employee of the board of education    3,714        

of that school district;                                                        

      (5)(d)  Complicity in any violation described in division    3,716        

(K)(1), (2), (3), or (4)(a) OF THIS SECTION, OR COMPLICITY IN ANY  3,718        

                                                          89     


                                                                 
VIOLATION DESCRIBED IN DIVISION (K)(1)(b) OR (c) of this section   3,719        

that was alleged to have been committed in the manner described    3,721        

in division (K)(1), (2), (3),(b) or (4)(c) of this section, AND    3,723        

regardless of whether the act of complicity was committed on       3,724        

property owned or controlled by, or at an activity held under the  3,725        

auspices of, the board of education of that school district.       3,726        

      (2)  THE NOTICE GIVEN PURSUANT TO DIVISION (K)(1) OF THIS    3,728        

SECTION SHALL INCLUDE THE NAME OF THE CHILD WHO WAS ADJUDICATED    3,729        

TO BE A DELINQUENT CHILD, THE CHILD'S AGE AT THE TIME THE CHILD    3,730        

COMMITTED THE ACT THAT WAS THE BASIS OF THE ADJUDICATION, AND      3,731        

IDENTIFICATION OF THE VIOLATION OF THE LAW OR ORDINANCE THAT WAS   3,732        

THE BASIS OF THE ADJUDICATION.                                                  

      (L)  During the period of a delinquent child's probation     3,734        

granted under division (A)(2) of this section, authorized          3,737        

probation officers who are engaged within the scope of their       3,738        

supervisory duties or responsibilities may search, with or         3,739        

without a warrant, the person of the delinquent child, the place                

of residence of the delinquent child, and a motor vehicle,         3,740        

another item of tangible or intangible personal property, or       3,741        

other real property in which the delinquent child has a right,     3,742        

title, or interest or for which the delinquent child has the       3,743        

express or implied permission of a person with a right, title, or  3,744        

interest to use, occupy, or possess if the probation officers                   

have reasonable grounds to believe that the delinquent child is    3,745        

not abiding by the law or otherwise is not complying with the      3,746        

conditions of the delinquent child's probation.  The court that    3,747        

places a delinquent child on probation under division (A)(2) of    3,748        

this section shall provide the delinquent child with a written     3,749        

notice that informs the delinquent child that authorized           3,750        

probation officers who are engaged within the scope of their       3,751        

supervisory duties or responsibilities may conduct those types of  3,753        

searches during the period of probation if they have reasonable                 

grounds to believe that the delinquent child is not abiding by     3,754        

the law or otherwise is not complying with the conditions of the   3,755        

                                                          90     


                                                                 
delinquent child's probation.  The court also shall provide the    3,756        

written notice described in division (C)(2)(b) of section          3,757        

2151.411 of the Revised Code to each parent, guardian, or                       

custodian of the delinquent child who is described in division     3,758        

(C)(2)(a) of that section.                                         3,759        

      (M)  AS USED IN THIS SECTION:                                3,761        

      (1)  "CERTIFIED ELECTRONIC MONITORING DEVICE," "CERTIFIED    3,763        

ELECTRONIC MONITORING SYSTEM," "ELECTRONIC MONITORING DEVICE,"     3,764        

AND "ELECTRONIC MONITORING SYSTEM" HAVE THE SAME MEANINGS AS IN    3,765        

SECTION 2929.23 OF THE REVISED CODE.                                            

      (2)  "ELECTRONICALLY MONITORED HOUSE DETENTION" MEANS A      3,767        

PERIOD OF CONFINEMENT OF A CHILD IN THE CHILD'S HOME OR IN OTHER   3,768        

PREMISES SPECIFIED BY THE COURT, DURING WHICH PERIOD OF            3,770        

CONFINEMENT ALL OF THE FOLLOWING APPLY:                            3,771        

      (a)  THE CHILD WEARS, OTHERWISE HAS ATTACHED TO THE CHILD'S  3,773        

PERSON, OR OTHERWISE IS SUBJECT TO MONITORING BY A CERTIFIED       3,774        

ELECTRONIC MONITORING DEVICE OR IS SUBJECT TO MONITORING BY A      3,775        

CERTIFIED ELECTRONIC MONITORING SYSTEM.                            3,776        

      (b)  THE CHILD IS REQUIRED TO REMAIN IN THE CHILD'S HOME OR  3,778        

OTHER PREMISES SPECIFIED BY THE COURT FOR THE SPECIFIED PERIOD OF  3,779        

CONFINEMENT, EXCEPT FOR PERIODS OF TIME DURING WHICH THE CHILD IS  3,780        

AT SCHOOL OR AT OTHER PREMISES AS AUTHORIZED BY THE COURT.         3,781        

      (c)  THE CHILD IS SUBJECT TO MONITORING BY A CENTRAL SYSTEM  3,784        

THAT MONITORS THE CERTIFIED ELECTRONIC MONITORING DEVICE THAT IS   3,785        

ATTACHED TO THE CHILD'S PERSON OR THAT OTHERWISE IS BEING USED TO  3,786        

MONITOR THE CHILD AND THAT CAN MONITOR AND DETERMINE THE CHILD'S   3,787        

LOCATION AT ANY TIME OR AT A DESIGNATED POINT IN TIME, OR THE      3,788        

CHILD IS REQUIRED TO PARTICIPATE IN MONITORING BY A CERTIFIED      3,789        

ELECTRONIC MONITORING SYSTEM.                                      3,790        

      (d)  THE CHILD IS REQUIRED BY THE COURT TO REPORT            3,792        

PERIODICALLY TO A PERSON DESIGNATED BY THE COURT.                  3,793        

      (e)  THE CHILD IS SUBJECT TO ANY OTHER RESTRICTIONS AND      3,795        

REQUIREMENTS THAT MAY BE IMPOSED BY THE COURT.                     3,796        

      (3)  "FELONY DRUG ABUSE OFFENSE" AND "MINOR DRUG POSSESSION  3,798        

                                                          91     


                                                                 
OFFENSE" HAVE THE SAME MEANINGS AS IN SECTION 2925.01 OF THE       3,799        

REVISED CODE.                                                                   

      (4)  "FIREARM" HAS THE SAME MEANING AS IN SECTION 2923.11    3,801        

OF THE REVISED CODE.                                                            

      (5)  "SEXUALLY ORIENTED OFFENSE" HAS THE SAME MEANING AS IN  3,803        

SECTION 2950.01 OF THE REVISED CODE.                               3,804        

      (6)  "THEFT OFFENSE" HAS THE SAME MEANING AS IN SECTION      3,806        

2913.01 OF THE REVISED CODE.                                                    

      Sec. 2151.356.  (A)  Unless division (C) of this section     3,815        

applies, if a child is adjudicated a juvenile traffic offender,    3,816        

the court may make any of the following orders of disposition:     3,817        

      (1)  Impose a fine and costs in accordance with the          3,819        

schedule set forth in section 2151.3512 of the Revised Code;       3,820        

      (2)  Suspend the child's driver's license, probationary      3,822        

driver's license, or temporary instruction permit or the           3,824        

registration of all motor vehicles registered in the name of the   3,825        

child for the period that the court prescribes.  A child whose     3,826        

license or permit is so suspended is ineligible for issuance of a  3,827        

license or permit during the period of suspension.  At the end of  3,828        

the period of suspension, the child shall not be reissued a        3,829        

license or permit until the child has paid any applicable          3,831        

reinstatement fee and complied with all requirements governing     3,832        

license reinstatement.                                                          

      (3)  Revoke the child's driver's license, probationary       3,834        

driver's license, or temporary instruction permit or the           3,835        

registration of all motor vehicles registered in the name of the   3,837        

child.  A child whose license or permit is so revoked is           3,838        

ineligible for issuance of a license or permit during the period   3,839        

of revocation.  At the end of the period of revocation, the child  3,840        

shall not be reissued a license or permit until the child has      3,842        

paid any applicable reinstatement fee and complied with all                     

requirements governing license reinstatement.                      3,843        

      (4)  Place the child on probation;                           3,845        

      (5)  Require the child to make restitution for all damages   3,847        

                                                          92     


                                                                 
caused by the child's traffic violation or any part of the         3,848        

damages;                                                           3,849        

      (6)  If the child is adjudicated a juvenile traffic          3,851        

offender for committing a violation of division (A) of section     3,853        

4511.19 of the Revised Code or of a municipal ordinance that is    3,854        

substantially comparable to that division, commit the child, for   3,855        

not longer than five days, to the temporary custody of a           3,856        

detention home or district detention home established under                     

section 2151.34 of the Revised Code, or to the temporary custody   3,857        

of any school, camp, institution, or other facility for children   3,858        

operated in whole or in part for the care of juvenile traffic      3,860        

offenders of that nature by the county, by a district organized                 

under section 2151.34 or 2151.65 of the Revised Code, or by a      3,861        

private agency or organization within the state that is            3,862        

authorized and qualified to provide the care, treatment, or        3,863        

placement required.  If an order of disposition committing a       3,864        

child to the temporary custody of a home, school, camp,            3,865        

institution, or other facility of that nature is made under        3,866        

division (A)(6) of this section, the length of the commitment                   

shall not be reduced or diminished as a credit for any time that   3,867        

the child was held in a place of detention or shelter care, or     3,868        

otherwise was detained, prior to entry of the order of             3,869        

disposition.                                                                    

      (7)  If, after making a disposition under divisions (A)(1)   3,871        

to (6) of this section, the court finds upon further hearing that  3,872        

the child has failed to comply with the orders of the court and    3,873        

the child's operation of a motor vehicle constitutes the child a   3,875        

danger to the child and to others, the court may make any          3,876        

disposition authorized by divisions (A)(1), (A)(2), (A)(7)(10) to  3,877        

(A)(10)(13), and (A)(21)(24) of section 2151.355 of the Revised    3,879        

Code, except that the child may not be committed to or placed in   3,880        

a secure correctional facility unless authorized by division       3,881        

(A)(6) of this section, and commitment to or placement in a        3,882        

detention home may not exceed twenty-four hours.                                

                                                          93     


                                                                 
      (B)  If a child is adjudicated a juvenile traffic offender   3,884        

for violating division (A) of section 4511.19 of the Revised       3,886        

Code, the court shall suspend or revoke the temporary instruction  3,887        

permit, probationary driver's license, or driver's license issued  3,889        

to the child for a period of time prescribed by the court or, at   3,890        

the discretion of the court, until the child attends and           3,891        

satisfactorily completes a drug abuse or alcohol abuse education,  3,892        

intervention, or treatment program specified by the court.                      

During the time the child is attending the program, the court      3,893        

shall retain any temporary instruction permit, probationary        3,894        

driver's license, or driver's license issued to the child and      3,895        

shall return the permit or license when the child satisfactorily   3,897        

completes the program.  If a child is adjudicated a juvenile       3,898        

traffic offender for violating division (B) of section 4511.19 of  3,899        

the Revised Code, the court shall suspend the temporary            3,900        

instruction permit, probationary driver's license, or driver's     3,901        

license issued to the child for a period of not less than sixty    3,903        

days nor more than two years.                                                   

      (C)  If a child is adjudicated a juvenile traffic offender   3,905        

for violating division (B)(1) or (2) of section 4513.263 of the    3,907        

Revised Code, the court shall impose the appropriate fine set                   

forth in section 4513.99 of the Revised Code.  If a child is       3,908        

adjudicated a juvenile traffic offender for violating division     3,910        

(B)(3) of section 4513.263 of the Revised Code and if the child    3,912        

is sixteen years of age or older, the court shall impose the fine  3,913        

set forth in division (G) of section 4513.99 of the Revised Code.  3,914        

If a child is adjudicated a juvenile traffic offender for          3,915        

violating division (B)(3) of section 4513.263 of the Revised Code  3,916        

and if the child is under sixteen years of age, the court shall    3,917        

not impose a fine but may place the child on probation.            3,918        

      (D)  A juvenile traffic offender is subject to sections      3,920        

4509.01 to 4509.78 of the Revised Code.                            3,921        

      Sec. 2151.358.  (A)  As used in this section, "seal a        3,930        

record" means to remove a record from the main file of similar     3,931        

                                                          94     


                                                                 
records and to secure it in a separate file that contains only     3,932        

sealed records and that is accessible only to the juvenile court.  3,933        

A record that is sealed shall be destroyed by all persons and      3,934        

governmental bodies except the juvenile court.                     3,935        

      (B)  The department of youth services and any other          3,937        

institution or facility that unconditionally discharges a person   3,938        

who has been adjudicated a delinquent child, an unruly child, or   3,940        

a juvenile traffic offender shall immediately give notice of the   3,941        

discharge to the court that committed the person.  The court       3,942        

shall note the date of discharge on a separate record of           3,943        

discharges of those natures.                                                    

      (C)(1)(a)  Two years after the termination of any order      3,945        

made by the court or two years after the unconditional discharge   3,946        

of a person from the department of youth services or another       3,947        

institution or facility to which the person may have been          3,949        

committed, the court that issued the order or committed the        3,950        

person shall do one WHICHEVER of the following IS APPLICABLE:      3,951        

      (a)(i)  If the person was adjudicated an unruly child,       3,953        

order the record of the person sealed;                             3,954        

      (b)(ii)  If the person was adjudicated a delinquent child    3,956        

FOR COMMITTING AN ACT OTHER THAN A VIOLATION OF SECTION 2903.01,   3,958        

2903.02, 2907.02, 2907.03, OR 2907.05 OF THE REVISED CODE or WAS                

ADJUDICATED a juvenile traffic offender, either order the record   3,960        

of the person sealed or send the person notice of the person's     3,961        

right to have the that record sealed.                              3,962        

      (b)  DIVISION (C)(1)(a) OF THIS SECTION DOES NOT APPLY       3,965        

REGARDING A PERSON WHO WAS ADJUDICATED A DELINQUENT CHILD FOR                   

COMMITTING A VIOLATION OF SECTION 2903.01, 2903.02, 2907.02,       3,967        

2907.03, OR 2907.05 OF THE REVISED CODE.                                        

      (2)  The court shall send the notice described in division   3,969        

(C)(1)(b)(a)(ii) of this section within ninety days after the      3,971        

expiration of the two-year period described in division (C)(1)(a)               

of this section by certified mail, return receipt requested, to    3,973        

the the person's last known address.  The notice shall state that  3,974        

                                                          95     


                                                                 
the person may apply to the court for an order to seal the         3,975        

person's record, explain what sealing a record means, and explain  3,976        

the possible consequences of not having the person's record        3,977        

sealed.                                                                         

      (D)(1)  At any time after the two-year period described in   3,979        

division (C)(1)(a) of this section has elapsed, any person who     3,981        

has been adjudicated a delinquent child FOR COMMITTING AN ACT      3,982        

OTHER THAN A VIOLATION OF SECTION 2903.01, 2903.02, 2907.02,       3,983        

2907.03, OR 2907.05 OF THE REVISED CODE or WHO HAS BEEN                         

ADJUDICATED a juvenile traffic offender may apply to the court     3,985        

for an order to seal the person's record.  The court shall hold a  3,987        

hearing on each application within sixty days after the            3,988        

application is received.  Notice of the hearing on the                          

application shall be given to the prosecuting attorney and to any  3,989        

other public office or agency known to have a record of the prior  3,990        

adjudication.  If the court finds that the rehabilitation of the   3,991        

person who was adjudicated a delinquent child or a juvenile        3,992        

traffic offender has been attained to a satisfactory degree, the   3,994        

court may order the record of the person sealed.                   3,995        

      (2)  DIVISION (D)(1) OF THIS SECTION DOES NOT APPLY          3,997        

REGARDING A PERSON WHO WAS ADJUDICATED A DELINQUENT CHILD FOR      3,998        

COMMITTING A VIOLATION OF SECTION 2903.01, 2903.02, 2907.02,       3,999        

2907.03, OR 2907.05 OF THE REVISED CODE.                                        

      (E)(1)  If the court orders the adjudication record of a     4,001        

person sealed pursuant to division (C) or (D) of this section,     4,002        

the court, EXCEPT AS PROVIDED IN DIVISION (K) OF THIS SECTION,     4,004        

shall order that the proceedings in the case in which the person   4,005        

was adjudicated a juvenile traffic offender, a delinquent child,   4,006        

or an unruly child be deemed never to have occurred.  All EXCEPT   4,007        

AS PROVIDED IN DIVISION (G)(2) OF THIS SECTION, ALL index          4,008        

references to the case and the person shall be deleted, and the    4,009        

person and the court properly may reply that no record exists      4,010        

with respect to the person upon any inquiry in the matter.         4,012        

Inspection                                                                      

                                                          96     


                                                                 
      (2)  INSPECTION of records that have been ordered sealed     4,015        

UNDER DIVISION (E)(1) OF THIS SECTION may be permitted by the      4,016        

court only upon MADE ONLY BY THE FOLLOWING PERSONS OR FOR THE      4,017        

FOLLOWING PURPOSES:                                                             

      (a)  IF THE RECORDS IN QUESTION PERTAIN TO AN ACT THAT       4,019        

WOULD BE AN OFFENSE OF VIOLENCE THAT WOULD BE A FELONY IF          4,020        

COMMITTED BY AN ADULT, BY ANY LAW ENFORCEMENT OFFICER OR ANY       4,021        

PROSECUTOR, OR THE ASSISTANTS OF A LAW ENFORCEMENT OFFICER OR      4,022        

PROSECUTOR, FOR ANY VALID LAW ENFORCEMENT OR PROSECUTORIAL         4,023        

PURPOSE;                                                                        

      (b)  UPON application by the person who is the subject of    4,026        

the sealed records and only, by the persons that are named in the  4,027        

that application.                                                  4,029        

      (F)  Any person who has been arrested and charged with       4,031        

being a delinquent child or a juvenile traffic offender and who    4,032        

is adjudicated not guilty of the charges in the case or has the    4,034        

charges in the case dismissed may apply to the court for an        4,035        

expungement of the record in the case.  The application may be     4,037        

filed at any time after the person is adjudicated not guilty or                 

the charges against the person are dismissed.  The court shall     4,038        

give notice to the prosecuting attorney of any hearing on the      4,039        

application.  The court may initiate the expungement proceedings   4,040        

on its own motion.                                                 4,041        

      Any person who has been arrested and charged with being an   4,043        

UNRULY CHILD and who is adjudicated not guilty of the charges in   4,045        

the case or has the charges in the case dismissed may apply to     4,046        

the court for an expungement of the record in the case.  The       4,047        

court shall initiate the expungement proceedings on its own        4,049        

motion if an application for expungement is not filed.                          

      If the court upon receipt of an application for expungement  4,051        

or upon its own motion determines that the charges against any     4,052        

person in any case were dismissed or that any person was           4,053        

adjudicated not guilty in any case, the court shall order that     4,054        

the records of the case be expunged and that the proceedings in    4,055        

                                                          97     


                                                                 
the case be deemed never to have occurred.  If the applicant for   4,056        

the expungement order, with the written consent of the             4,057        

applicant's parents or guardian if the applicant is a minor and    4,059        

with the written approval of the court, waives in writing the      4,061        

applicant's right to bring any civil action based on the arrest    4,063        

for which the expungement order is applied, the court shall order  4,064        

the appropriate persons and governmental agencies to delete all    4,065        

index references to the case; destroy or delete all court records  4,066        

of the case; destroy all copies of any pictures and fingerprints   4,067        

taken of the person pursuant to the expunged arrest; and destroy,  4,068        

erase, or delete any reference to the arrest that is maintained    4,069        

by the state or any political subdivision of the state, except a   4,070        

record of the arrest that is maintained for compiling statistical  4,071        

data and that does not contain any reference to the person.        4,072        

      If the applicant for an expungement order does not waive in  4,074        

writing the right to bring any civil action based on the arrest    4,075        

for which the expungement order is applied, the court, in          4,076        

addition to ordering the deletion, destruction, or erasure of all  4,077        

index references and court records of the case and of all          4,078        

references to the arrest that are maintained by the state or any   4,079        

political subdivision of the state, shall order that a copy of     4,080        

all records of the case, except fingerprints held by the court or  4,081        

a law enforcement agency, be delivered to the court.  The court    4,082        

shall seal all of the records delivered to the court in a          4,083        

separate file in which only sealed records are maintained.  The    4,084        

sealed records shall be kept by the court until the statute of     4,085        

limitations expires for any civil action based on the arrest, any  4,086        

pending litigation based on the arrest is terminated, or the       4,087        

applicant files a written waiver of the right to bring a civil     4,088        

action based on the arrest.  After the expiration of the statute   4,089        

of limitations, the termination of the pending litigation, or the  4,090        

filing of the waiver, the court shall destroy the sealed records.  4,091        

      After the expungement order has been issued, the court       4,093        

shall, and the person may properly, reply that no record of the    4,094        

                                                          98     


                                                                 
case with respect to the person exists.                            4,095        

      (G)(1)  The court shall send notice of the order to expunge  4,097        

or seal to any public office or agency that the court has reason   4,098        

to believe may have a record of the expunged or sealed record.     4,099        

Except as provided in division (K) of this section, an order to    4,100        

seal or expunge under this section applies to every public office  4,101        

or agency that has a record of the prior adjudication or arrest,   4,102        

regardless of whether it receives notice of the hearing on the     4,103        

expungement or sealing of the record or a copy of the order to     4,104        

expunge or seal the record.  Except as provided in division (K)    4,105        

of this section, upon the written request of a person whose        4,106        

record has been expunged or sealed and the presentation of a copy  4,107        

of the order to expunge or seal, a public office or agency shall   4,108        

destroy its record of the prior adjudication or arrest, except a   4,109        

record of the adjudication or arrest that is maintained for        4,110        

compiling statistical data and that does not contain any           4,111        

reference to the person who is the subject of the order to         4,112        

expunge or seal.                                                   4,113        

      (2)  THE PERSON, OR THE PUBLIC OFFICE OR AGENCY, THAT        4,115        

MAINTAINS SEALED RECORDS PERTAINING TO AN ADJUDICATION OF A CHILD  4,116        

AS A DELINQUENT CHILD MAY MAINTAIN A MANUAL OR COMPUTERIZED INDEX  4,118        

TO THE SEALED RECORDS.  THE INDEX SHALL CONTAIN ONLY THE NAME OF,               

AND ALPHANUMERIC IDENTIFIERS THAT RELATE TO, THE PERSONS WHO ARE   4,120        

THE SUBJECT OF THE SEALED RECORDS, THE WORD "SEALED," AND THE      4,121        

NAME OF THE PERSON, OR THE PUBLIC OFFICE OR AGENCY THAT HAS        4,122        

CUSTODY OF THE SEALED RECORDS AND SHALL NOT CONTAIN THE NAME OF    4,123        

THE DELINQUENT ACT COMMITTED.  THE PERSON WHO HAS CUSTODY OF THE   4,124        

SEALED RECORDS SHALL MAKE THE INDEX AVAILABLE ONLY FOR THE                      

PURPOSES SET FORTH IN DIVISIONS (E)(2) AND (H) OF THIS SECTION.    4,126        

      (H)  The judgment rendered by the court under this chapter   4,128        

shall not impose any of the civil disabilities ordinarily imposed  4,129        

by conviction of a crime in that the child is not a criminal by    4,130        

reason of the adjudication.  No child and no CHILD shall be        4,132        

charged with or convicted of a crime in any court except as        4,133        

                                                          99     


                                                                 
provided by this chapter.  The disposition of a child under the    4,134        

judgment rendered or any evidence given in court shall not         4,135        

operate to disqualify a child in any future civil service          4,136        

examination, appointment, or application.  Evidence of a judgment  4,137        

rendered and the disposition of a child under the judgment is not  4,138        

admissible to impeach the credibility of the child in any action   4,140        

or proceeding.  Otherwise, the disposition of a child under the    4,141        

judgment rendered or any evidence given in court is admissible as  4,142        

evidence for or against the child in any action or proceeding in   4,143        

any court in accordance with the Rules of Evidence and also may    4,144        

be considered by any court as to the matter of sentence or to the  4,145        

granting of probation, and a court may consider the judgment       4,146        

rendered and the disposition of a child under that judgment for    4,147        

purposes of determining whether the child, for a future criminal   4,148        

conviction or guilty plea, is a repeat violent offender, as        4,149        

defined in section 2929.01 of the Revised Code.                                 

      (I)  In any application for employment, license, or other    4,151        

right or privilege, any appearance as a witness, or any other      4,152        

inquiry, a person may not be questioned with respect to any        4,153        

arrest for which the records were expunged.  If an inquiry is      4,154        

made in violation of this division, the person may respond as if   4,155        

the expunged arrest did not occur, and the person shall not be     4,156        

subject to any adverse action because of the arrest or the         4,157        

response.                                                          4,158        

      (J)  An officer or employee of the state or any of its       4,160        

political subdivisions who knowingly releases, disseminates, or    4,161        

makes available for any purpose involving employment, bonding,     4,162        

licensing, or education to any person or to any department,        4,163        

agency, or other instrumentality of the state or of any of its     4,164        

political subdivisions any information or other data concerning    4,165        

any arrest, complaint, trial, hearing, adjudication, or            4,166        

correctional supervision, the records of which have been expunged  4,167        

or sealed pursuant to this section AND THE RELEASE,                4,168        

DISSEMINATION, OR MAKING AVAILABLE OF WHICH IS NOT EXPRESSLY       4,169        

                                                          100    


                                                                 
PERMITTED BY THIS SECTION, is guilty of divulging confidential     4,171        

information, a misdemeanor of the fourth degree.                                

      (K)  Notwithstanding any provision of this section that      4,173        

requires otherwise, a board of education of a city, local,         4,174        

exempted village, or joint vocational school district that         4,175        

maintains records of an individual who has been permanently        4,176        

excluded under sections 3301.121 and 3313.662 of the Revised Code  4,177        

is permitted to maintain records regarding an adjudication that    4,178        

the individual is a delinquent child that was used as the basis    4,179        

for the individual's permanent exclusion, regardless of a court    4,180        

order to seal the record.  An order issued under this section to   4,181        

seal the record of an adjudication that an individual is a         4,182        

delinquent child does not revoke the adjudication order of the     4,183        

superintendent of public instruction to permanently exclude the    4,184        

individual who is the subject of the sealing order.  An order      4,185        

issued under this section to seal the record of an adjudication    4,186        

that an individual is a delinquent child may be presented to a     4,187        

district superintendent as evidence to support the contention      4,188        

that the superintendent should recommend that the permanent        4,189        

exclusion of the individual who is the subject of the sealing      4,190        

order be revoked.  Except as otherwise authorized by this          4,191        

division and sections 3301.121 and 3313.662 of the Revised Code,   4,192        

any school employee in possession of or having access to the       4,193        

sealed adjudication records of an individual that were the basis   4,194        

of a permanent exclusion of the individual is subject to division  4,195        

(J) of this section.                                               4,196        

      Sec. 2151.359.  (A)(1)  In any proceeding wherein IN WHICH   4,206        

a child has been adjudged ADJUDICATED A delinquent, unruly,        4,207        

abused, neglected, or dependent CHILD, on the application of a                  

party, or ON the court's own motion, the court may make an order   4,209        

restraining or otherwise controlling the conduct of any parent,    4,210        

guardian, or other custodian in the relationship of such THAT      4,211        

individual to the child if the court finds that such an BOTH OF    4,212        

THE FOLLOWING:                                                                  

                                                          101    


                                                                 
      (a)  AN order OF THAT NATURE is necessary to:                4,214        

      (A)  Control CONTROL any conduct or relationship that will   4,216        

be detrimental or harmful to the child;                            4,217        

      (B)  Where such.                                             4,219        

      (b)  THAT conduct or relationship will tend to defeat the    4,222        

execution of the order of disposition made or to be made.                       

      Due (2)  THE COURT SHALL GIVE DUE notice of the application  4,225        

or motion and, the grounds therefor FOR THE APPLICATION OR         4,226        

MOTION, and an opportunity to be heard shall be given to the       4,227        

person against whom such AN order UNDER THIS DIVISION is           4,228        

directed.                                                          4,229        

      (B)  ANY ORDER MADE BY A COURT UNDER DIVISION (A) OF THIS    4,231        

SECTION IS IN ADDITION TO AN ORDER MADE BY THE COURT PURSUANT TO   4,232        

DIVISION (C)(2) OF SECTION 2151.354 OR DIVISION (A)(25)(b) OF      4,234        

SECTION 2151.355 OF THE REVISED CODE.                              4,235        

      Sec. 2151.3512.  If a child is adjudicated a delinquent      4,245        

child or is adjudicated a juvenile traffic offender, the court     4,246        

may make an order of disposition of the child under division       4,247        

(A)(8)(a)(10) of section 2151.355 or under division (A)(1) of      4,248        

section 2151.356 of the Revised Code, whichever is applicable, by  4,249        

imposing a fine and costs in accordance with the following         4,250        

schedule:                                                                       

      (A)  If the child was adjudicated a delinquent child or a    4,253        

juvenile traffic offender for committing an act that would be a    4,254        

minor misdemeanor or an unclassified misdemeanor if committed by   4,255        

an adult, a fine not to exceed fifty dollars and costs;            4,256        

      (B)  If the child was adjudicated a delinquent child or a    4,259        

juvenile traffic offender for committing an act that would be a    4,260        

misdemeanor of the fourth degree if committed by an adult, a fine  4,261        

not to exceed seventy-five dollars and costs;                                   

      (C)  If the child was adjudicated a delinquent child or a    4,264        

juvenile traffic offender for committing an act that would be a    4,265        

misdemeanor of the third degree if committed by an adult, a fine   4,266        

not to exceed one hundred twenty-five dollars and costs;           4,267        

                                                          102    


                                                                 
      (D)  If the child was adjudicated a delinquent child or a    4,270        

juvenile traffic offender for committing an act that would be a    4,271        

misdemeanor of the second degree if committed by an adult, a fine  4,272        

not to exceed one hundred seventy-five dollars and costs;          4,273        

      (E)  If the child was adjudicated a delinquent child or a    4,276        

juvenile traffic offender for committing an act that would be a    4,277        

misdemeanor of the first degree if committed by an adult, a fine   4,278        

not to exceed two hundred twenty-five dollars and costs;           4,279        

      (F)  If the child was adjudicated a delinquent child or a    4,282        

juvenile traffic offender for committing an act that would be a    4,283        

felony of the fifth degree or an unclassified felony if committed  4,285        

by an adult, a fine not to exceed three hundred dollars and        4,286        

costs;                                                                          

      (G)  If the child was adjudicated a delinquent child or a    4,289        

juvenile traffic offender for committing an act that would be a    4,290        

felony of the fourth degree if committed by an adult, a fine not   4,291        

to exceed four hundred dollars and costs;                          4,292        

      (H)  If the child was adjudicated a delinquent child or a    4,294        

juvenile traffic offender for committing an act that would be a    4,295        

felony of the third degree if committed by an adult, a fine not    4,296        

to exceed seven hundred fifty dollars and costs;                   4,297        

      (I)  If the child was adjudicated a delinquent child or a    4,300        

juvenile traffic offender for committing an act that would be a    4,301        

felony of the second degree if committed by an adult, a fine not   4,302        

to exceed one thousand dollars and costs;                          4,303        

      (J)  If the child was adjudicated a delinquent child or a    4,306        

juvenile traffic offender for committing an act that would be a    4,307        

felony of the first degree if committed by an adult, a fine not    4,308        

to exceed one thousand four hundred fifty dollars and costs;       4,309        

      (K)  If the child was adjudicated a delinquent child for     4,312        

committing an act that would be aggravated murder or murder if     4,313        

committed by an adult, a fine not to exceed one thousand eight     4,314        

hundred dollars and costs.                                                      

      Sec. 2151.47.  Any adult WHO IS arrested OR CHARGED under    4,323        

                                                          103    


                                                                 
sections 2151.01 to 2151.54, inclusive, of the Revised Code, ANY   4,324        

PROVISION IN THIS CHAPTER may demand a trial by jury, or the       4,326        

juvenile judge upon his THE JUDGE'S own motion may call a jury.    4,327        

A demand for a jury trial must SHALL be made in writing in not     4,328        

less than three days before the date set for trial, or within      4,329        

three days after counsel has been retained, whichever is later.    4,330        

Sections 2945.17 and 2945.22 2945.23 to 2945.36, inclusive, of     4,332        

the Revised Code, relating to the drawing and impaneling of                     

jurors in criminal cases in the court of common pleas, other than  4,334        

in capital cases, shall apply to such A jury trial UNDER THIS      4,335        

SECTION.  The compensation of jurors and costs of the clerk and    4,337        

sheriff shall be taxed and paid IN THE SAME MANNER as in criminal  4,338        

cases in the court of common pleas.                                4,339        

      Sec. 2901.07.  (A)  As used in this section:                 4,348        

      (1)  "DNA analysis" and "DNA specimen" have the same         4,350        

meanings as in section 109.573 of the Revised Code.                4,351        

      (2)  "Jail" and "community-based correctional facility"      4,353        

have the same meanings as in section 2929.01 of the Revised Code.  4,354        

      (3)  "Post-release control" has the same meaning as in       4,356        

section 2967.01 of the Revised Code.                               4,358        

      (B)(1)  A person who is convicted of or pleads guilty to a   4,361        

felony offense listed in division (D) of this section and who is   4,362        

sentenced to a prison term or to a community residential sanction  4,363        

in a jail or community-based correctional facility pursuant to     4,364        

section 2929.16 of the Revised Code, and a person who is           4,366        

convicted of or pleads guilty to a misdemeanor offense listed in   4,367        

division (D) of this section and who is sentenced to a term of                  

imprisonment shall submit to a DNA specimen collection procedure   4,370        

administered by the director of rehabilitation and correction or   4,371        

the chief administrative officer of the jail or other detention    4,372        

facility in which the person is serving the term of imprisonment.  4,373        

If the person serves the prison term in a state correctional       4,374        

institution, the director of rehabilitation and correction shall   4,375        

cause the DNA specimen to be collected from the person during the  4,376        

                                                          104    


                                                                 
intake process at the reception facility designated by the         4,378        

director.  If the person serves the community residential          4,379        

sanction or term of imprisonment in a jail, a community-based      4,380        

correctional facility, or another county, multicounty, municipal,  4,381        

municipal-county, or multicounty-municipal detention facility,     4,382        

the chief administrative officer of the jail, community-based      4,384        

correctional facility, or detention facility shall cause the DNA   4,386        

specimen to be collected from the person during the intake                      

process at the jail, community-based correctional facility, or     4,387        

detention facility.  In accordance with division (C) of this       4,389        

section, the director or the chief administrative officer shall    4,390        

cause the DNA specimen to be forwarded to the bureau of criminal   4,391        

identification and investigation no later than fifteen days after  4,392        

the date of the collection of the DNA specimen.  The DNA specimen  4,393        

shall be collected in accordance with division (C) of this         4,394        

section.                                                                        

      (2)  If a person is convicted of or pleads guilty to an      4,397        

offense listed in division (D) of this section, is serving a       4,399        

prison term, community residential sanction, or term of                         

imprisonment for that offense, and does not provide a DNA          4,400        

specimen pursuant to division (B)(1) of this section, prior to     4,401        

the person's release from the prison term, community residential   4,402        

sanction, or imprisonment, the person shall submit to, and the     4,404        

director of rehabilitation and correction or the chief             4,405        

administrative officer of the jail, community-based correctional   4,406        

facility, or detention facility in which the person is serving                  

the prison term, community residential sanction, or term of        4,408        

imprisonment shall administer, a DNA specimen collection           4,409        

procedure at the state correctional institution, jail,             4,410        

community-based correctional facility, or detention facility in    4,411        

which the person is serving the prison term, community             4,412        

residential sanction, or term of imprisonment.  In accordance      4,414        

with division (C) of this section, the director or the chief       4,416        

administrative officer shall cause the DNA specimen to be                       

                                                          105    


                                                                 
forwarded to the bureau of criminal identification and             4,418        

investigation no later than fifteen days after the date of the     4,419        

collection of the DNA specimen.  The DNA specimen shall be         4,420        

collected in accordance with division (C) of this section.         4,421        

      (3)  If a person serving a prison term or community          4,423        

residential sanction for a felony is released on parole, under     4,425        

transitional control, or on another type of release or is on       4,426        

post-release control, if the person is under the supervision of    4,428        

the adult parole authority, if the person is returned to a jail,   4,429        

community-based correctional facility, or state correctional       4,430        

institution for a violation of the terms and conditions of the     4,432        

parole, transitional control, other release, or post-release       4,434        

control, if the person was or will be serving a prison term or     4,435        

community residential sanction for committing an offense listed    4,437        

in division (D) of this section, and if the person did not         4,439        

provide a DNA specimen pursuant to division (B)(1) or (2) of this  4,441        

section, the person shall submit to, and the director of           4,442        

rehabilitation and correction or the chief administrative officer  4,443        

of the jail or community-based correctional facility shall                      

administer, a DNA specimen collection procedure at the jail,       4,446        

community-based correctional facility, or state correctional       4,447        

institution in which the person is serving the prison term or      4,448        

community residential sanction.  In accordance with division (C)   4,450        

of this section, the director or the chief administrative officer  4,452        

shall cause the DNA specimen to be forwarded to the bureau of      4,454        

criminal identification and investigation no later than fifteen    4,455        

days after the date of the collection of the DNA specimen.  The    4,456        

DNA specimen shall be collected from the person in accordance      4,457        

with division (C) of this section.                                 4,458        

      (C)  A physician, registered nurse, licensed practical       4,461        

nurse, duly licensed clinical laboratory technician, or other      4,462        

qualified medical practitioner shall collect in a medically                     

approved manner the DNA specimen required to be collected          4,463        

pursuant to division (B) of this section.  No later than fifteen   4,464        

                                                          106    


                                                                 
days after the date of the collection of the DNA specimen, the     4,465        

director of rehabilitation and correction or the chief             4,466        

administrative officer of the jail, community-based correctional   4,467        

facility, or other county, multicounty, municipal,                 4,468        

municipal-county, or multicounty-municipal detention facility, in  4,469        

which the person is serving the prison term, community             4,470        

residential sanction, or term of imprisonment shall cause the DNA  4,471        

specimen to be forwarded to the bureau of criminal identification  4,472        

and investigation in accordance with procedures established by     4,473        

the superintendent of the bureau under division (H) of section     4,474        

109.573 of the Revised Code.  The bureau shall provide the         4,475        

specimen vials, mailing tubes, labels, postage, and instructions   4,476        

needed for the collection and forwarding of the DNA specimen to    4,477        

the bureau.                                                                     

      (D)  The director of rehabilitation and correction and the   4,479        

chief administrative officer of the jail, community-based          4,480        

correctional facility, or other county, multicounty, municipal,    4,481        

municipal-county, or multicounty-municipal detention facility      4,482        

shall cause a DNA specimen to be collected in accordance with      4,485        

divisions (B) and (C) of this section from a person in its         4,486        

custody who is convicted of or pleads guilty to any of the         4,487        

following offenses:                                                4,488        

      (1)  A violation of section 2903.01, 2903.02, 2903.03,       4,490        

2903.04, 2903.11, 2903.13, 2905.01, 2905.02, 2905.11, 2907.02,     4,491        

2907.03, 2907.04, 2907.05, or 2909.02, 2909.03, 2911.01, 2911.02,  4,492        

2911.11, OR 2911.12 of the Revised Code;                           4,493        

      (2)  A violation of section 2907.12 of the Revised Code as   4,495        

it existed prior to September 3, 1996;                             4,496        

      (3)  An attempt to commit a violation of section 2907.02,    4,498        

2907.03, 2907.04, or 2907.05 of the Revised Code or to commit a    4,500        

violation of section 2907.12 of the Revised Code as it existed                  

prior to September 3, 1996;                                        4,501        

      (4)  A violation of any law that arose out of the same       4,503        

facts and circumstances and same act as did a charge against the   4,506        

                                                          107    


                                                                 
person of a violation of section 2903.01, 2903.02, 2903.03,        4,507        

2903.04, 2903.11, 2903.13, 2905.01, 2905.02, 2905.11, 2907.02,     4,508        

2907.03, 2907.04, 2907.05, or 2909.02, 2909.03, 2911.01, 2911.02,  4,509        

2911.11, OR 2911.12 of the Revised Code that previously was        4,512        

dismissed or amended or as did a charge against the person of a    4,513        

violation of section 2907.12 of the Revised Code as it existed     4,515        

prior to September 3, 1996, that previously was dismissed or       4,516        

amended;                                                                        

      (5)  A violation of section 2905.02 or 2919.23 of the        4,518        

Revised Code that would have been a violation of section 2905.04   4,521        

of the Revised Code as it existed prior to July 1, 1996, had it    4,523        

been committed prior to that date;                                              

      (6)  A sexually oriented offense, as defined in section      4,525        

2950.01 of the Revised Code, if, in relation to that offense, the  4,527        

offender has been adjudicated as being a sexual predator, as       4,528        

defined in section 2950.01 of the Revised Code.                    4,529        

      (E)  The director of rehabilitation and correction or a      4,531        

chief administrative officer of a jail, community-based            4,532        

correctional facility, or other detention facility described in    4,534        

division (B) of this section is not required to comply with this   4,535        

section until the superintendent of the bureau of criminal         4,536        

identification and investigation gives agencies in the criminal    4,537        

justice system, as defined in section 181.51 of the Revised Code,               

in the state official notification that the state DNA laboratory   4,538        

is prepared to accept DNA specimens.                               4,539        

      Sec. 3321.14.  Notwithstanding division (D) of section       4,548        

3311.19 and division (D) of section 3311.52 of the Revised Code,   4,549        

the provisions of this section and sections 3321.15 to 3321.22     4,550        

3321.21 of the Revised Code that apply to a city school district   4,552        

or its superintendent do not apply to any joint vocational or                   

cooperative education school district or its superintendent        4,553        

unless otherwise specified.                                        4,554        

      The board of education of every city school district and of  4,556        

every exempted village school district shall employ an attendance  4,557        

                                                          108    


                                                                 
officer, and may employ or appoint such ANY assistants as THAT     4,558        

the board deems advisable.  In cities of one hundred thousand      4,560        

population or over, the board may appoint, subject to the                       

nomination of the superintendent of schools, one or more           4,561        

pupil-personnel workers and make provision for the traveling       4,562        

expenses within the school district of such THOSE employees.       4,563        

      Sec. 3321.18.  The attendance officer provided for by        4,572        

section 3321.14 or 3321.15 of the Revised Code shall institute     4,573        

proceedings against any officer, parent, guardian, or other        4,574        

person violating laws relating to compulsory education and the     4,575        

employment of minors, and otherwise discharge the duties           4,576        

described in sections 3321.14 to 3321.22 3321.21 of the Revised    4,578        

Code, and perform such ANY other service as THAT the               4,579        

superintendent of schools or board of education of the district    4,581        

by which he THE ATTENDANCE OFFICER is employed considers           4,582        

necessary to preserve the morals and secure the good conduct of    4,583        

school children, and to enforce such THOSE laws.                   4,584        

      The attendance officer shall be furnished with copies of     4,586        

the enumeration in each school district in which he THE            4,587        

ATTENDANCE OFFICER serves and of the lists of pupils enrolled in   4,588        

the schools and shall report to the superintendent discrepancies   4,589        

between these lists and the enumeration.                           4,590        

      The attendance officer and assistants shall cooperate with   4,592        

the bureau of employment services in enforcing the laws relating   4,594        

to the employment of minors.  The attendance officer shall         4,595        

furnish upon request such ANY data as he THAT THE ATTENDANCE       4,596        

OFFICER and his THE ATTENDANCE OFFICER'S assistants have           4,597        

collected in their reports of children from six to eighteen years  4,598        

of age and also concerning employers to the bureau and upon        4,599        

request to the state board of education.  The attendance officer   4,600        

must SHALL keep a record of his THE ATTENDANCE OFFICER'S           4,601        

transactions for the inspection and information of the                          

superintendent of schools and the board of education; and shall    4,603        

make reports to the superintendent of schools as often as          4,604        

                                                          109    


                                                                 
required by him THE SUPERINTENDENT.  The state board of education  4,605        

may prescribe forms for the use of attendance officers in the      4,606        

performance of their duties. The blank forms and record books or   4,607        

indexes shall be furnished to the attendance officers by the       4,608        

boards of education by which they are employed.                                 

      Sec. 3321.19.  (A)  AS USED IN THIS SECTION AND SECTION      4,617        

3321.191 OF THE REVISED CODE, "HABITUAL TRUANT" AND "CHRONIC       4,618        

TRUANT" HAVE THE SAME MEANINGS AS IN SECTION 2151.011 OF THE       4,619        

REVISED CODE.                                                      4,620        

      (B)  When a board of education OF ANY CITY, EXEMPTED         4,623        

VILLAGE, LOCAL, JOINT VOCATIONAL, OR COOPERATIVE EDUCATION SCHOOL  4,624        

DISTRICT OR THE GOVERNING BOARD OF ANY EDUCATIONAL SERVICE CENTER  4,625        

determines that a student in its district has been truant and the  4,626        

parent, guardian, or other person having care of the child has     4,627        

failed to cause the student's attendance AT SCHOOL, the board may  4,628        

require the parent, guardian, or other person having care of the   4,630        

child pursuant to division (B) of this section to attend an        4,631        

educational program established pursuant to rules adopted by the   4,632        

state board of education for the purpose of encouraging parental   4,633        

involvement in compelling the attendance of the child AT SCHOOL.   4,634        

      No parent shall fail without good cause to attend such a AN  4,636        

EDUCATIONAL program when DESCRIBED IN THIS DIVISION IF THE PARENT  4,638        

HAS BEEN served notice pursuant to division (B)(C) of this         4,639        

section.                                                           4,640        

      (B)(C)  On the request of the superintendent of schools or,  4,643        

THE SUPERINTENDENT OF ANY EDUCATIONAL SERVICE CENTER, the board    4,645        

of education OF ANY CITY, EXEMPTED VILLAGE, LOCAL, JOINT                        

VOCATIONAL, OR COOPERATIVE EDUCATION SCHOOL DISTRICT, OR THE       4,646        

GOVERNING BOARD OF ANY EDUCATIONAL SERVICE CENTER or when it       4,647        

otherwise comes to his THE notice OF THE ATTENDANCE OFFICER OR     4,649        

OTHER APPROPRIATE OFFICER OF THE SCHOOL DISTRICT, the attendance   4,650        

officer OR OTHER APPROPRIATE OFFICER shall examine into any case   4,651        

of supposed truancy within his THE district, and SHALL warn the    4,652        

child, if found truant, and his THE CHILD'S parent, guardian, or   4,655        

                                                          110    


                                                                 
other person in charge HAVING CARE of him THE CHILD, in writing,   4,657        

of the legal consequences of truancy if persisted in BEING AN      4,658        

HABITUAL OR CHRONIC TRUANT.  When any child of compulsory school   4,659        

age, in violation of law, is not attending school, the attendance  4,660        

OR OTHER APPROPRIATE officer shall notify the parent, guardian,    4,661        

or other person in charge HAVING CARE of such THAT child of the    4,662        

fact, and require such THE parent, guardian, or other person to    4,663        

cause the child to attend school forthwith; and the IMMEDIATELY.   4,665        

THE parent, guardian, or other person in charge HAVING CARE of     4,667        

the child shall cause such THE child's attendance at school.       4,669        

Upon the failure of the parent, guardian, or other person in       4,670        

charge HAVING CARE of the child to do so, the attendance OFFICER   4,671        

OR OTHER APPROPRIATE officer shall either make complaint against   4,672        

the parent, guardian, or other person in charge of the child in    4,673        

any court of competent jurisdiction or, if so directed by the      4,674        

superintendent or, THE district board, OR THE EDUCATIONAL SERVICE  4,676        

CENTER GOVERNING BOARD, SHALL send notice requiring such person's  4,677        

THE attendance OF THAT PARENT, GUARDIAN, OR OTHER PERSON at a      4,678        

parental education program established pursuant to division        4,680        

(A)(B) of this section.                                            4,681        

      (D)  UPON THE FAILURE OF THE PARENT, GUARDIAN, OR OTHER      4,683        

PERSON HAVING CARE OF THE CHILD TO CAUSE THE CHILD'S ATTENDANCE    4,684        

AT SCHOOL, IF THE CHILD IS CONSIDERED AN HABITUAL TRUANT, THE      4,685        

BOARD OF EDUCATION OF THE SCHOOL DISTRICT OR THE GOVERNING BOARD   4,687        

OF THE EDUCATIONAL SERVICE CENTER MAY TAKE ANY APPROPRIATE ACTION  4,688        

AS AN INTERVENTION STRATEGY CONTAINED IN THE POLICY DEVELOPED BY   4,689        

THE BOARD PURSUANT TO SECTION 3321.191 OF THE REVISED CODE OR      4,690        

FILE A COMPLAINT IN THE JUVENILE COURT OF THE COUNTY IN WHICH THE  4,692        

CHILD HAS A RESIDENCE OR LEGAL SETTLEMENT OR IN WHICH THE CHILD    4,693        

IS SUPPOSED TO ATTEND SCHOOL JOINTLY AGAINST THE CHILD AND THE     4,694        

PARENT, GUARDIAN, OR OTHER PERSON HAVING CARE OF THE CHILD.  A                  

COMPLAINT FILED IN THE JUVENILE COURT UNDER THIS DIVISION SHALL    4,695        

ALLEGE THAT THE CHILD IS AN UNRULY CHILD FOR BEING AN HABITUAL     4,696        

TRUANT AND THAT THE PARENT, GUARDIAN, OR OTHER PERSON HAVING CARE  4,697        

                                                          111    


                                                                 
OF THE CHILD HAS VIOLATED SECTION 3321.38 OF THE REVISED CODE.     4,699        

      (E)  UPON THE FAILURE OF THE PARENT, GUARDIAN, OR OTHER      4,701        

PERSON HAVING CARE OF THE CHILD TO CAUSE THE CHILD'S ATTENDANCE    4,702        

AT SCHOOL, IF THE CHILD IS CONSIDERED A CHRONIC TRUANT, THE BOARD  4,704        

OF EDUCATION OF THE SCHOOL DISTRICT OR THE GOVERNING BOARD OF THE  4,705        

EDUCATIONAL SERVICE CENTER SHALL FILE A COMPLAINT IN THE JUVENILE  4,708        

COURT OF THE COUNTY IN WHICH THE CHILD HAS A RESIDENCE OR LEGAL    4,709        

SETTLEMENT OR IN WHICH THE CHILD IS SUPPOSED TO ATTEND SCHOOL      4,710        

JOINTLY AGAINST THE CHILD AND THE PARENT, GUARDIAN, OR OTHER       4,711        

PERSON HAVING CARE OF THE CHILD.  A COMPLAINT FILED IN THE                      

JUVENILE COURT UNDER THIS DIVISION SHALL ALLEGE THAT THE CHILD IS  4,713        

A DELINQUENT CHILD FOR BEING A CHRONIC TRUANT AND THAT THE                      

PARENT, GUARDIAN, OR OTHER PERSON HAVING CARE OF THE CHILD HAS     4,715        

VIOLATED SECTION 3321.38 OF THE REVISED CODE.                      4,716        

      Sec. 3321.191.  (A)  NO LATER THAN AUGUST 31, 2000, THE      4,718        

BOARD OF EDUCATION OF EACH CITY, EXEMPTED VILLAGE, LOCAL, JOINT    4,720        

VOCATIONAL, AND COOPERATIVE EDUCATION SCHOOL DISTRICT AND THE      4,721        

GOVERNING BOARD OF EACH EDUCATIONAL SERVICE CENTER SHALL ADOPT A   4,722        

POLICY TO GUIDE EMPLOYEES OF THE SCHOOL DISTRICT OR SERVICE        4,723        

CENTER IN ADDRESSING AND AMELIORATING THE ATTENDANCE PRACTICE OF   4,725        

ANY PUPIL WHO IS AN HABITUAL TRUANT.  IN DEVELOPING THE POLICY,    4,726        

THE APPROPRIATE BOARD SHALL CONSULT WITH THE JUDGE OF THE                       

JUVENILE COURT OF THE COUNTY OR COUNTIES IN WHICH THE DISTRICT OR  4,727        

SERVICE CENTER IS LOCATED, WITH THE PARENTS, GUARDIANS, OR OTHER   4,729        

PERSONS HAVING CARE OF THE PUPILS ATTENDING SCHOOL IN THE          4,730        

DISTRICT, AND WITH APPROPRIATE STATE AND LOCAL AGENCIES.  THE      4,731        

BOARD SHALL INCORPORATE INTO THE POLICY AS AN INTERVENTION         4,732        

STRATEGY THE ASSIGNMENT OF AN HABITUAL TRUANT TO AN ALTERNATIVE    4,733        

SCHOOL PURSUANT TO SECTION 3313.533 OF THE REVISED CODE IF AN      4,734        

ALTERNATIVE SCHOOL HAS BEEN ESTABLISHED BY THE BOARD UNDER THAT    4,735        

SECTION.                                                                        

      (B)  THE POLICY DEVELOPED UNDER DIVISION (A) OF THIS         4,737        

SECTION MAY INCLUDE AS AN INTERVENTION STRATEGY ANY OF THE         4,739        

FOLLOWING ACTIONS, IF APPROPRIATE:                                 4,740        

                                                          112    


                                                                 
      (1)  PROVIDING COUNSELING FOR AN HABITUAL TRUANT;            4,742        

      (2)  REQUESTING OR REQUIRING A PARENT, GUARDIAN, OR OTHER    4,744        

PERSON HAVING CARE OF AN HABITUAL TRUANT TO ATTEND PARENTAL        4,745        

INVOLVEMENT PROGRAMS, INCLUDING PROGRAMS ADOPTED UNDER SECTION     4,746        

3313.472 OR 3313.663 OF THE REVISED CODE;                          4,747        

      (3)  NOTIFICATION OF THE REGISTRAR OF MOTOR VEHICLES UNDER   4,749        

SECTION 3321.13 OF THE REVISED CODE;                               4,750        

      (4)  TAKING LEGAL ACTION UNDER SECTION 2919.222, 3321.20,    4,752        

OR 3321.38 OF THE REVISED CODE.                                    4,753        

      (C)  NOTHING IN THIS SECTION SHALL BE CONSTRUED TO LIMIT     4,755        

THE DUTY OR AUTHORITY OF A DISTRICT BOARD OF EDUCATION OR          4,756        

GOVERNING BODY OF AN EDUCATIONAL SERVICE CENTER TO DEVELOP OTHER   4,757        

POLICIES RELATED TO TRUANCY OR TO LIMIT THE DUTY OR AUTHORITY OF   4,758        

ANY EMPLOYEE OF THE SCHOOL DISTRICT OR SERVICE CENTER TO RESPOND   4,759        

TO PUPIL TRUANCY.                                                               

      Sec. 3321.20.  When any child, in violation of section       4,768        

3321.08 or 3321.09 of the Revised Code, is not attending a         4,769        

part-time school or class, the attendance officer shall warn the   4,770        

child and his THE CHILD'S parent, guardian, or other person in     4,772        

charge of him THE CHILD in writing of the legal consequences of    4,773        

his THE CHILD'S failure to attend such THE PART-TIME school or     4,774        

class.  If the parent, guardian, or other person in charge of      4,775        

such THAT child fails thereupon to cause his THE CHILD'S           4,778        

attendance at such THE part-time school or class, the attendance   4,779        

officer shall make complaint against the parent, guardian, or      4,782        

other person in charge of the child in any THE JUVENILE court of   4,784        

competent jurisdiction THE COUNTY IN WHICH THE CHILD HAS A                      

RESIDENCE OR LEGAL SETTLEMENT OR IN WHICH THE CHILD IS SUPPOSED    4,785        

TO ATTEND THE PART-TIME SCHOOL OR CLASS.                           4,786        

      Sec. 3321.38.  (A)  No parent, guardian, or other person     4,795        

having care of a child of compulsory school age shall violate ANY  4,797        

PROVISION OF section 3321.01, 3321.03, 3321.04, 3321.07, or                     

3321.10, division (A) or (B) of section 3321.19, or section        4,799        

3321.20, or 3331.14 of the Revised Code.  The JUVENILE court,      4,801        

                                                          113    


                                                                 
WHICH HAS EXCLUSIVE ORIGINAL JURISDICTION OVER ANY VIOLATION OF    4,802        

THIS SECTION PURSUANT TO SECTION 2151.23 OF THE REVISED CODE, may  4,803        

require a person convicted of violating this division to give      4,804        

bond in the sum of one hundred dollars with sureties to the        4,805        

approval of the court, conditioned that the person will cause the  4,806        

child under the person's charge to attend upon instruction as                   

provided by law, and remain as a pupil in the school or class      4,807        

during the term prescribed by law.  IF THE JUVENILE COURT          4,809        

ADJUDICATES THE CHILD AS AN UNRULY OR DELINQUENT CHILD FOR BEING   4,810        

AN HABITUAL OR CHRONIC TRUANT PURSUANT TO SECTION 2151.35 OF THE   4,811        

REVISED CODE, THE COURT SHALL WARN THE PARENT, GUARDIAN, OR OTHER  4,813        

PERSON HAVING CARE OF THE CHILD THAT ANY SUBSEQUENT ADJUDICATION   4,814        

OF THAT NATURE INVOLVING THE CHILD MAY RESULT IN A CRIMINAL                     

CHARGE AGAINST THE PARENT, GUARDIAN, OR OTHER PERSON HAVING CARE   4,815        

OF THE CHILD FOR A VIOLATION OF DIVISION (C) OF SECTION 2919.21    4,816        

OR SECTION 2919.24 OF THE REVISED CODE.                            4,817        

      (B)  This section does not relieve from prosecution and      4,819        

conviction any parent, guardian, or other person upon further      4,820        

violation of such ANY PROVISION IN ANY OF THE sections; nor shall  4,822        

SPECIFIED IN DIVISION (A) OF THIS SECTION, ANY PROVISION OF        4,823        

SECTION 2919.222 OR 2919.24 OF THE REVISED CODE, OR DIVISION (C)   4,824        

OF SECTION 2919.21 OF THE REVISED CODE.  A forfeiture of the bond  4,826        

SHALL NOT relieve such THAT PARENT, GUARDIAN, OR OTHER person      4,828        

from prosecution and conviction upon further violation of such     4,829        

ANY PROVISION IN ANY OF THOSE sections OR THAT DIVISION.           4,830        

      (C)  Section 4109.13 of the Revised Code applies to this     4,832        

section.                                                                        

      Sec. 3730.99.  (A)  Whoever violates division (A), (B), or   4,842        

(C) of section 3730.02 or division (A) of section 3730.06 of the   4,843        

Revised Code is guilty of a misdemeanor of the fourth degree.      4,844        

      (B)  Whoever violates division (B)(1) or (2) of section      4,846        

3730.07 of the Revised Code is guilty of a misdemeanor of the      4,847        

first degree.                                                                   

      (C)(1)  Whoever violates division (A)(1) of section 3730.07  4,849        

                                                          114    


                                                                 
of the Revised Code is a delinquent child and is subject to an     4,850        

order of disposition under division (A)(8)(a)(10) of section       4,851        

2151.355 of the Revised Code, which order of disposition shall     4,853        

require the child to pay a fine as described in division (B) of    4,854        

section 2151.3512 of the Revised Code.                                          

      (2)  Whoever violates division (A)(2) of section 3730.07 of  4,856        

the Revised Code is a delinquent child and is subject to an order  4,857        

of disposition under division (A)(8)(a)(10) of section 2151.355    4,858        

of the Revised Code, which order of disposition shall require the  4,860        

child to pay a fine as described in division (E) of section        4,861        

2151.3512 of the Revised Code.                                                  

      Sec. 4109.13.  (A)  The administrator of the bureau of       4,870        

employment services shall designate enforcement officials to       4,871        

enforce this chapter.                                                           

      (B)  An enforcement official shall, upon discovery of a      4,873        

violation of this chapter and after notice to the employer, SHALL  4,874        

make a complaint against the offending employer in any court of    4,876        

competent jurisdiction.                                                         

      (C)  Enforcement officials shall make complaint by filing a  4,878        

complaint before a court having competent jurisdiction against     4,879        

any person violating any law relating to the employment of         4,880        

minors.  This section shall not be construed to limit the right    4,881        

of other persons to make such THOSE complaints.                    4,882        

      (D)  County courts, municipal courts, and juvenile courts    4,884        

have jurisdiction to try offenses under this chapter and.          4,885        

JUVENILE COURTS HAVE EXCLUSIVE ORIGINAL JURISDICTION TO TRY        4,886        

OFFENSES UNDER section 3321.38 of the Revised Code.                4,887        

      (E)  No person or enforcement official instituting           4,889        

proceedings under this section shall be required to file or give   4,890        

security for the costs.  If a defendant is acquitted, the judge,   4,891        

police judge, or juvenile judge before whom the case is brought    4,892        

shall certify the costs to the county auditor, who.  THE COUNTY    4,894        

AUDITOR shall examine the amount OF THE COSTS and, if necessary,   4,895        

correct it; and.  THE COUNTY AUDITOR shall issue his A warrant on  4,897        

                                                          115    


                                                                 
the county treasurer in favor of the persons to whom THE costs     4,898        

are due.                                                                        

      (F)  Fines collected for violations of this chapter and      4,900        

section 3321.38 of the Revised Code shall be paid into the funds   4,901        

of the school district in which the offense was committed.         4,902        

      Section 2.  That existing sections 2151.011, 2151.02,        4,904        

2151.022, 2151.18, 2151.23, 2151.25, 2151.26, 2151.27, 2151.28,    4,905        

2151.313, 2151.315, 2151.34, 2151.35, 2151.354, 2151.355,          4,906        

2151.356, 2151.358, 2151.359, 2151.3512, 2151.47, 2901.07,         4,907        

3321.14, 3321.18, 3321.19, 3321.20, 3321.38, 3730.99, and 4109.13  4,908        

and section 3321.22 of the Revised Code are hereby repealed.       4,909        

      Section 3.  Section 2151.355 of the Revised Code is          4,911        

presented in this act as a composite of the section as amended by  4,912        

both Am. Sub. H.B. 2 and Am. Sub. H.B. 526 of the 122nd General    4,913        

Assembly, with the new language of neither of the acts shown in    4,915        

capital letters.  Section 2151.358 of the Revised Code is          4,916        

presented in this act as a composite of the section as amended by               

both Am. Sub. H.B. 1 and Am. Sub. S.B. 2 of the 121st General      4,917        

Assembly, with the new language of neither of the acts shown in    4,918        

capital letters.  This is in recognition of the principle stated   4,919        

in division (B) of section 1.52 of the Revised Code that such      4,920        

amendments are to be harmonized where not substantively            4,921        

irreconcilable and constitutes a legislative finding that such is  4,922        

the resulting version in effect prior to the effective date of     4,923        

this act.