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
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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
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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
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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
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(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
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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
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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
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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
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(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
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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
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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
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(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
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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
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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
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(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
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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.