As Passed by the Senate 1
123rd General Assembly 4
Regular Session Sub. S. B. No. 181 5
1999-2000 6
SENATORS SPADA-FINAN-JOHNSON-MUMPER-LATTA-CARNES-GARDNER- 8
OELSLAGER-WATTS-DRAKE-CUPP-KEARNS 9
_________________________________________________________________ 11
A B I L L
To amend sections 2151.011, 2151.02, 2151.022, 13
2151.18, 2151.23, 2151.27, 2151.28, 2151.313, 14
2151.315, 2151.35, 2151.354, 2151.355, 2151.356, 15
2151.358, 2151.359, 2151.3512, 2151.47, 2901.07, 16
3321.14, 3321.18, 3321.19, 3321.20, 3321.22, 17
3321.38, 3730.99, and 4109.13, to enact section 19
3321.191 of the Revised Code to require the 20
parent, guardian, or legal custodian of a child 21
to attend all juvenile proceedings regarding the 22
child; to expand the list of offenses and 23
delinquent acts for which criminal offenders and 24
delinquent children must submit DNA specimens; to 26
define "habitual truant" and "chronic truant" and 27
designate a chronic truant as a delinquent child;
to require a school district board of education 28
or educational service center governing board to 29
adopt intervention strategies addressing pupils' 30
habitual truancy; to grant a juvenile court 31
exclusive original jurisdiction over the failure 32
of a responsible adult to cause a truant child's 33
attendance at school, other Compulsory School Age
Law violations, and parental education neglect; 34
to provide that unruly child complaints of 35
habitual truancy and delinquent child complaints
of chronic truancy be filed jointly against the 37
child and the person having care of the child; to
authorize a juvenile court to impose specified 38
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orders against an habitually truant unruly child 39
and the person having care of that child; to 40
authorize a juvenile court to impose delinquent
child dispositional orders against a chronically 41
truant delinquent child and specified orders
against the person having care of that child; to 42
make other changes in Compulsory School Age Law; 43
to require the notification of school officials 44
if a child who is 14 years of age or older is 45
adjudicated a delinquent child for any of a list
of specified acts; to prohibit sealing records of 47
children found to be delinquent children for any 48
of a list of specified acts; to provide specified 49
law enforcement officials with access to sealed
delinquent child records for specified purposes; 50
and to provide victims of delinquent acts with 51
specified access to certain records related to 52
the perpetrator of the delinquent act.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 54
Section 1. That sections 2151.011, 2151.02, 2151.022, 56
2151.18, 2151.23, 2151.27, 2151.28, 2151.313, 2151.315, 2151.35, 58
2151.354, 2151.355, 2151.356, 2151.358, 2151.359, 2151.3512, 59
2151.47, 2901.07, 3321.14, 3321.18, 3321.19, 3321.20, 3321.22, 60
3321.38, 3730.99, and 4109.13 be amended and section 3321.191 of 61
the Revised Code be enacted to read as follows: 63
Sec. 2151.011. (A) As used in the Revised Code: 72
(1) "Juvenile court" means the division of the court of 75
common pleas or a juvenile court separately and independently 76
created having jurisdiction under this chapter. 77
(2) "Juvenile judge" means a judge of a court having 80
jurisdiction under this chapter. 81
(3) "Private child placing agency" means any association, 83
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as defined in section 5103.02 of the Revised Code, that is 84
certified pursuant to sections 5103.03 to 5103.05 of the Revised 85
Code to accept temporary, permanent, or legal custody of children 86
and place the children for either foster care or adoption. 87
(4) "Private noncustodial agency" means any person, 89
organization, association, or society certified by the department 90
of human services that does not accept temporary or permanent 91
legal custody of children, that is privately operated in this 92
state, and that does one or more of the following: 93
(a) Receives and cares for children for two or more 95
consecutive weeks; 96
(b) Participates in the placement of children in family 98
foster homes; 99
(c) Provides adoption services in conjunction with a 101
public children services agency or private child placing agency. 102
(B) As used in this chapter: 104
(1) "Adequate parental care" means the provision by a 106
child's parent or parents, guardian, or custodian of adequate 107
food, clothing, and shelter to ensure the child's health and 108
physical safety and the provision by a child's parent or parents 109
of specialized services warranted by the child's physical or 110
mental needs. 111
(2) "Adult" means an individual who is eighteen years of 113
age or older. 114
(3) "Agreement for temporary custody" means a voluntary 116
agreement authorized by section 5103.15 of the Revised Code that 118
transfers the temporary custody of a child to a public children 119
services agency or a private child placing agency. 120
(4) "Babysitting care" means care provided for a child 122
while the parents, guardian, or legal custodian of the child are 123
temporarily away. 124
(5) "Certified family foster home" means a family foster 126
home operated by persons holding a certificate in force, issued 127
under section 5103.03 of the Revised Code. 128
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(6)(a) "Child" means a person who is under eighteen years 131
of age, except as otherwise provided in divisions (B)(6)(b) to 132
(f) of this section. 133
(b) Subject to division (B)(6)(c) of this section, any 136
person who violates a federal or state law or municipal ordinance 137
prior to attaining eighteen years of age shall be deemed a
"child" irrespective of that person's age at the time the 138
complaint is filed or the hearing on the complaint is held. 139
(c) Any person who, while under eighteen years of age, 142
commits an act that would be a felony if committed by an adult 143
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 144
child in relation to that act. 145
(d) Any person whose case is transferred for criminal 147
prosecution pursuant to division (B) or (C) of section 2151.26 of 148
the Revised Code shall after the transfer be deemed not to be a 149
child in the transferred case. 150
(e) Subject to division (B)(6)(f) of this section, any 153
person whose case is transferred for criminal prosecution 154
pursuant to division (B) or (C) of section 2151.26 of the Revised 155
Code and who subsequently is convicted of or pleads guilty to a 156
felony in that case shall after the transfer be deemed not to be 158
a child in any case in which the person is alleged to have 160
committed prior to or subsequent to the transfer an act that 162
would be an offense if committed by an adult. Division (B)(6)(e) 163
of this section applies to a case regardless of whether the prior 166
or subsequent act that is alleged in the case and that would be
an offense if committed by an adult allegedly was committed in 167
the same county in which the case was transferred or in another 169
county and regardless of whether the complaint in the case 170
involved was filed in the same county in which the case was 171
transferred or in another county. Division (B)(6)(e) of this 172
section applies to a case that involves an act committed prior to 173
the transfer only when the prior act alleged in the case has not 174
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been disposed of by a juvenile court or trial court. 175
(f) Notwithstanding division (B)(6)(e) of this section, if 178
a person's case is transferred for criminal prosecution pursuant 179
to division (B) or (C) of section 2151.26 of the Revised Code and 180
if the person subsequently is convicted of or pleads guilty to a 181
felony in that case, thereafter, the person shall be considered a 182
child solely for the following purposes in relation to any act
the person subsequently commits that would be an offense if 183
committed by an adult: 184
(i) For purposes of the filing of a complaint alleging 186
that the child is a delinquent child for committing the act that 187
would be an offense if committed by an adult; 188
(ii) For purposes of the juvenile court conducting a 190
hearing under division (B) of section 2151.26 of the Revised Code 192
relative to the complaint described in division (B)(6)(f)(i) of 193
this section to determine whether division (B)(1) of section 194
2151.26 of the Revised Code applies and requires that the case be 196
transferred for criminal prosecution to the appropriate court 197
having jurisdiction of the offense.
(7) "Child day camp," "child day-care," "child day-care 199
center," "part-time child day-care center," "type A family 202
day-care home," "certified type B family day-care home," "type B 203
home," "administrator of a child day-care center," "administrator 205
of a type A family day-care home," "in-home aide," and 206
"authorized provider" have the same meanings as in section 207
5104.01 of the Revised Code.
(8) "Child day-care provider" means an individual who is a 210
child-care staff member or administrator of a child day-care
center, a type A family day-care home, or a type B family 211
day-care home, or an in-home aide or an individual who is 212
licensed, is regulated, is approved, operates under the direction 213
of, or otherwise is certified by the department of human 214
services, department of mental retardation and developmental 215
disabilities, or the early childhood programs of the department 216
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of education. 217
(9) "CHRONIC TRUANT" MEANS ANY CHILD OF COMPULSORY SCHOOL 220
AGE WHO IS ABSENT WITHOUT LEGITIMATE EXCUSE FOR ABSENCE FROM THE 221
PUBLIC SCHOOL THE CHILD IS SUPPOSED TO ATTEND FOR SEVEN OR MORE 222
CONSECUTIVE SCHOOL DAYS, TEN OR MORE SCHOOL DAYS IN ONE SCHOOL 223
MONTH, OR FIFTEEN OR MORE SCHOOL DAYS IN A SCHOOL YEAR. 224
(10) "Commit" means to vest custody as ordered by the 226
court. 227
(10)(11) "Counseling" includes both of the following: 229
(a) General counseling services performed by a public 232
children services agency or shelter for victims of domestic 233
violence to assist a child, a child's parents, and a child's 234
siblings in alleviating identified problems that may cause or 236
have caused the child to be an abused, neglected, or dependent 237
child.
(b) Psychiatric or psychological therapeutic counseling 240
services provided to correct or alleviate any mental or emotional 242
illness or disorder and performed by a licensed psychiatrist,
licensed psychologist, or a person licensed under Chapter 4757. 244
of the Revised Code to engage in social work or professional 245
counseling.
(11)(12) "Custodian" means a person who has legal custody 247
of a child or a public children services agency or private child 249
placing agency that has permanent, temporary, or legal custody of 250
a child. 251
(12)(13) "Detention" means the temporary care of children 253
pending court adjudication or disposition, or execution of a 254
court order, in a public or private facility designed to 255
physically restrict the movement and activities of children. 256
(13)(14) "Developmental disability" has the same meaning 258
as in section 5123.01 of the Revised Code. 260
(14)(15) "Family foster home" means a private residence in 262
which children are received apart from their parents, guardian, 263
or legal custodian by an individual for hire, gain, or reward for 264
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nonsecure care, supervision, or training twenty-four hours a day. 265
"Family foster home" does not include babysitting care provided 266
for a child in the home of a person other than the home of the 267
parents, guardian, or legal custodian of the child. 268
(15)(16) "Foster home" means a family home in which any 270
child is received apart from the child's parents for care, 271
supervision, or training. 273
(16)(17) "Guardian" means a person, association, or 275
corporation that is granted authority by a probate court pursuant 276
to Chapter 2111. of the Revised Code to exercise parental rights 277
over a child to the extent provided in the court's order and 278
subject to the residual parental rights of the child's parents. 279
(17)(18) "HABITUAL TRUANT" MEANS ANY CHILD OF COMPULSORY 281
SCHOOL AGE WHO IS ABSENT WITHOUT LEGITIMATE EXCUSE FOR ABSENCE 283
FROM THE PUBLIC SCHOOL THE CHILD IS SUPPOSED TO ATTEND FOR FIVE 285
OR MORE CONSECUTIVE SCHOOL DAYS, SEVEN OR MORE SCHOOL DAYS IN ONE 286
SCHOOL MONTH, OR TWELVE OR MORE SCHOOL DAYS IN A SCHOOL YEAR. 287
(19) "Legal custody" means a legal status that vests in 289
the custodian the right to have physical care and control of the 290
child and to determine where and with whom the child shall live, 291
and the right and duty to protect, train, and discipline the 293
child and to provide the child with food, shelter, education, and 294
medical care, all subject to any residual parental rights, 296
privileges, and responsibilities. An individual granted legal 297
custody shall exercise the rights and responsibilities personally 298
unless otherwise authorized by any section of the Revised Code or 299
by the court. 300
(18)(20) A "LEGITIMATE EXCUSE FOR ABSENCE FROM THE PUBLIC 302
SCHOOL THE CHILD IS SUPPOSED TO ATTEND" INCLUDES, BUT IS NOT 304
LIMITED TO, ANY OF THE FOLLOWING: 305
(a) THE FACT THAT THE CHILD IN QUESTION HAS ENROLLED IN 307
AND IS ATTENDING ANOTHER PUBLIC OR NONPUBLIC SCHOOL IN THIS OR 309
ANOTHER STATE; 310
(b) THE FACT THAT THE CHILD IN QUESTION IS EXCUSED FROM 312
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ATTENDANCE AT SCHOOL FOR ANY OF THE REASONS SPECIFIED IN SECTION 313
3321.04 OF THE REVISED CODE; 314
(c) THE FACT THAT THE CHILD IN QUESTION HAS RECEIVED AN 316
AGE AND SCHOOLING CERTIFICATE IN ACCORDANCE WITH SECTION 3331.01 317
OF THE REVISED CODE. 318
(21) "Mental illness" and "mentally ill person subject to 321
hospitalization by court order" have the same meanings as in 322
section 5122.01 of the Revised Code. 323
(19)(22) "Mental injury" means any behavioral, cognitive, 325
emotional, or mental disorder in a child caused by an act or 326
omission that is described in section 2919.22 of the Revised Code 327
and is committed by the parent or other person responsible for 329
the child's care.
(20)(23) "Mentally retarded person" has the same meaning 331
as in section 5123.01 of the Revised Code. 333
(21)(24) "Nonsecure care, supervision, or training" means 335
care, supervision, or training of a child in a facility that does 336
not confine or prevent movement of the child within the facility 337
or from the facility. 338
(22)(25) "OF COMPULSORY SCHOOL AGE" HAS THE SAME MEANING 340
AS IN SECTION 3321.01 OF THE REVISED CODE. 341
(26) "Organization" means any institution, public, 343
semipublic, or private, and any private association, society, or 344
agency located or operating in the state, incorporated or 345
unincorporated, having among its functions the furnishing of 346
protective services or care for children, or the placement of 347
children in foster homes or elsewhere. 348
(23)(27) "Out-of-home care" means detention facilities, 350
shelter facilities, foster homes, certified foster homes, 351
placement in a prospective adoptive home prior to the issuance of 352
a final decree of adoption, organizations, certified 353
organizations, child day-care centers, type A family day-care 354
homes, child day-care provided by type B family day-care home 355
providers and by in-home aides, group home providers, group 356
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homes, institutions, state institutions, residential facilities, 357
residential care facilities, residential camps, day camps, 358
hospitals, and medical clinics that are responsible for the care, 359
physical custody, or control of children. 360
(24)(28) "Out-of-home care child abuse" means any of the 362
following when committed by a person responsible for the care of 363
a child in out-of-home care: 364
(a) Engaging in sexual activity with a child in the 366
person's care; 367
(b) Denial to a child, as a means of punishment, of proper 369
or necessary subsistence, education, medical care, or other care 370
necessary for a child's health; 371
(c) Use of restraint procedures on a child that cause 373
injury or pain; 374
(d) Administration of prescription drugs or psychotropic 376
medication to the child without the written approval and ongoing 377
supervision of a licensed physician; 378
(e) Commission of any act, other than by accidental means, 380
that results in any injury to or death of the child in 381
out-of-home care or commission of any act by accidental means 382
that results in an injury to or death of a child in out-of-home 383
care and that is at variance with the history given of the injury 384
or death.
(25)(29) "Out-of-home care child neglect" means any of the 386
following when committed by a person responsible for the care of 387
a child in out-of-home care: 388
(a) Failure to provide reasonable supervision according to 390
the standards of care appropriate to the age, mental and physical 391
condition, or other special needs of the child; 392
(b) Failure to provide reasonable supervision according to 394
the standards of care appropriate to the age, mental and physical 395
condition, or other special needs of the child, that results in 396
sexual or physical abuse of the child by any person; 397
(c) Failure to develop a process for all of the following: 399
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(i) Administration of prescription drugs or psychotropic 401
drugs for the child; 402
(ii) Assuring that the instructions of the licensed 404
physician who prescribed a drug for the child are followed; 405
(iii) Reporting to the licensed physician who prescribed 407
the drug all unfavorable or dangerous side effects from the use 408
of the drug. 409
(d) Failure to provide proper or necessary subsistence, 411
education, medical care, or other individualized care necessary 412
for the health or well-being of the child; 413
(e) Confinement of the child to a locked room without 415
monitoring by staff; 416
(f) Failure to provide ongoing security for all 418
prescription and nonprescription medication; 419
(g) Isolation of a child for a period of time when there 421
is substantial risk that the isolation, if continued, will impair 422
or retard the mental health or physical well-being of the child. 423
(26)(30) "Permanent custody" means a legal status that 425
vests in a public children services agency or a private child 426
placing agency, all parental rights, duties, and obligations, 427
including the right to consent to adoption, and divests the 428
natural parents or adoptive parents of all parental rights, 429
privileges, and obligations, including all residual rights and 430
obligations.
(27)(31) "Planned permanent living arrangement" means an 433
order of a juvenile court pursuant to which both of the following 434
apply:
(a) The court gives legal custody of a child to a public 436
children services agency or a private child placing agency 437
without the termination of parental rights. 438
(b) The order permits the agency to make an appropriate 440
placement of the child and to enter into a written agreement with 443
a foster care provider or with another person or agency with whom 444
the child is placed.
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(28)(32) "Permanent surrender" means the act of the 446
parents or, if a child has only one parent, of the parent of a 447
child, by a voluntary agreement authorized by section 5103.15 of 449
the Revised Code, to transfer the permanent custody of the child
to a public children services agency or a private child placing 450
agency. 451
(29)(33) "Person responsible for a child's care in 453
out-of-home care" means any of the following: 455
(a) Any foster parent, in-home aide, or provider; 457
(b) Any administrator, employee, or agent of any of the 459
following: a public or private detention facility; shelter 460
facility; organization; certified organization; child day-care 461
center; type A family day-care home; certified type B family 462
day-care home; group home; institution; state institution; 463
residential facility; residential care facility; residential 464
camp; day camp; hospital; or medical clinic; 465
(c) Any other person who performs a similar function with 467
respect to, or has a similar relationship to, children. 468
(30)(34) "Physically impaired" means having one or more of 470
the following conditions that substantially limit one or more of 471
an individual's major life activities, including self-care, 472
receptive and expressive language, learning, mobility, and 473
self-direction:
(a) A substantial impairment of vision, speech, or 475
hearing;
(b) A congenital orthopedic impairment; 477
(c) An orthopedic impairment caused by disease, rheumatic 480
fever or any other similar chronic or acute health problem, or 481
amputation or another similar cause.
(31)(35) "Placement for adoption" means the arrangement by 483
a public children services agency or a private child placing 484
agency with a person for the care and adoption by that person of 485
a child of whom the agency has permanent custody. 486
(32)(36) "Placement in foster care" means the arrangement 489
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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 490
temporary custody or permanent custody. 491
(33)(37) "Practice of social work" and "practice of 493
professional counseling" have the same meanings as in section 495
4757.01 of the Revised Code. 496
(34)(38) "Probation" means a legal status created by court 498
order following an adjudication that a child is a delinquent 499
child, a juvenile traffic offender, or an unruly child, whereby 500
the child is permitted to remain in the parent's, guardian's, or 501
custodian's home subject to supervision, or under the supervision 502
of any agency designated by the court and returned to the court 503
for violation of probation at any time during the period of 504
probation. 505
(35)(39) "Protective supervision" means an order of 507
disposition pursuant to which the court permits an abused, 508
neglected, dependent, unruly, or delinquent child or a juvenile 509
traffic offender to remain in the custody of the child's parents, 510
guardian, or custodian and stay in the child's home, subject to 511
any conditions and limitations upon the child, the child's 513
parents, guardian, or custodian, or any other person that the 515
court prescribes, including supervision as directed by the court 516
for the protection of the child. 517
(36)(40) "Psychiatrist" has the same meaning as in section 519
5122.01 of the Revised Code. 520
(37)(41) "Psychologist" has the same meaning as in section 522
4732.01 of the Revised Code. 523
(38)(42) "Residential camp" means a program in which the 525
care, physical custody, or control of children is accepted 528
overnight for recreational or recreational and educational 529
purposes.
(39)(43) "Residential care facility" means an institution, 531
residence, or facility that is licensed by the department of 532
mental health under section 5119.22 of the Revised Code and that 533
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provides care for a child. 534
(40)(44) "Residential facility" means a home or facility 536
that is licensed by the department of mental retardation and 537
developmental disabilities under section 5123.19 of the Revised 538
Code and in which a child with a developmental disability 539
resides. 540
(41)(45) "Residual parental rights, privileges, and 542
responsibilities" means those rights, privileges, and 543
responsibilities remaining with the natural parent after the 544
transfer of legal custody of the child, including, but not 545
necessarily limited to, the privilege of reasonable visitation, 546
consent to adoption, the privilege to determine the child's 547
religious affiliation, and the responsibility for support. 548
(42)(46) "SCHOOL DAY" MEANS THE SCHOOL DAY ESTABLISHED BY 550
THE STATE BOARD OF EDUCATION PURSUANT TO SECTION 3313.48 OF THE 552
REVISED CODE. 553
(47) "SCHOOL MONTH" AND "SCHOOL YEAR" HAVE THE SAME 555
MEANINGS AS IN SECTION 3313.62 OF THE REVISED CODE. 556
(48) "Secure correctional facility" means a facility under 559
the direction of the department of youth services that is
designed to physically restrict the movement and activities of 560
children and used for the placement of children after 561
adjudication and disposition.
(43)(49) "Sexual activity" has the same meaning as in 563
section 2907.01 of the Revised Code. 564
(44)(50) "Shelter" means the temporary care of children in 566
physically unrestricted facilities pending court adjudication or 567
disposition. 568
(45)(51) "Shelter for victims of domestic violence" has 570
the same meaning as in section 3113.33 of the Revised Code. 571
(46)(52) "Temporary custody" means legal custody of a 573
child who is removed from the child's home, which custody may be 574
terminated at any time at the discretion of the court or, if the 576
legal custody is granted in an agreement for temporary custody, 577
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by the person who executed the agreement. 578
(C) For the purposes of this chapter, a child shall be 580
presumed abandoned when the parents of the child have failed to 581
visit or maintain contact with the child for more than ninety 582
days, regardless of whether the parents resume contact with the 583
child after that period of ninety days. 584
Sec. 2151.02. As used in this chapter, "delinquent child" 593
includes any of the following: 594
(A) Any child who violates any law of this state or the 596
United States, or any ordinance or regulation of a political 597
subdivision of the state, that would be a crime if committed by 598
an adult, except as provided in section 2151.021 of the Revised 599
Code;
(B) Any child who violates any lawful order of the court 601
made under this chapter; 602
(C) Any child who violates division (A) of section 604
2923.211 of the Revised Code; 605
(D) Any child who violates division (A)(1) or (2) of 607
section 3730.07 of the Revised Code; 608
(E) ANY CHILD WHO IS AN HABITUAL TRUANT AND WHO PREVIOUSLY 610
HAS BEEN ADJUDICATED AN UNRULY CHILD FOR BEING AN HABITUAL 611
TRUANT;
(F) ANY CHILD WHO IS A CHRONIC TRUANT. 613
Sec. 2151.022. As used in this chapter, "unruly child" 622
includes any of the following: 623
(A) Any child who does not subject himself or herself THE 625
CHILD'S SELF to the reasonable control of his or her THE CHILD'S 628
parents, teachers, guardian, or custodian, by reason of being 630
wayward or habitually disobedient;
(B) Any child who is an habitual PERSISTENTLY truant from 632
home or school; 634
(C) ANY CHILD WHO IS AN HABITUAL TRUANT FROM SCHOOL AND 636
WHO PREVIOUSLY HAS NOT BEEN ADJUDICATED AN UNRULY CHILD FOR BEING 637
AN HABITUAL TRUANT;
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(D) Any child who so deports himself or herself THE 639
CHILD'S SELF as to injure or endanger his or her THE CHILD'S OWN 643
health or morals or the health or morals of others; 644
(D)(E) Any child who attempts to enter the marriage 646
relation in any state without the consent of his or her THE 648
CHILD'S parents, custodian, or legal guardian or other legal 650
authority;
(E)(F) Any child who is found in a disreputable place, 652
visits or patronizes a place prohibited by law, or associates 654
with vagrant, vicious, criminal, notorious, or immoral persons; 655
(F)(G) Any child who engages in an occupation prohibited 657
by law or is in a situation dangerous to life or limb or 659
injurious to his or her THE CHILD'S OWN health or morals or the 661
health or morals of others;
(G)(H) Any child who violates a law, other than division 663
(A) of section 2923.211 of the Revised Code, that is applicable 665
only to a child.
Sec. 2151.18. (A)(1) The juvenile court shall maintain 674
records of all official cases brought before it, including, BUT 675
NOT LIMITED TO, an appearance docket, a journal, and a cashbook, 677
RECORDS OF THE TYPE REQUIRED BY DIVISION (A)(2) OF SECTION 678
2151.35 OF THE REVISED CODE, AND, IN CASES PERTAINING TO AN 679
ALLEGED DELINQUENT CHILD, ARREST AND CUSTODY RECORDS, COMPLAINTS, 680
JOURNAL ENTRIES, AND HEARING SUMMARIES. The court shall maintain 682
a separate docket for traffic cases and shall record all traffic 683
cases on the separate docket instead of on the general appearance 685
docket. The parents of any child affected, if they are living, 686
or the nearest of kin of the child, if the parents are deceased, 687
may inspect these records, either in person or by counsel during 688
the hours in which the court is open.
THE PERSON WHO IS IDENTIFIED AS THE VICTIM OF A DELINQUENT 690
ACT IN A POLICE REPORT OR IN A COMPLAINT THAT ALLEGES THE 691
COMMISSION OF A DELINQUENT ACT AND THAT PROVIDES THE BASIS FOR 692
THE JUVENILE COURT DELINQUENT CHILD PROCEEDING UNDER THIS 693
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CHAPTER, OR IF THAT PERSON IS A MINOR OR IS INCAPACITATED, 694
INCOMPETENT, OR DECEASED, A MEMBER OF THAT PERSON'S FAMILY, MAY 695
INSPECT ALL ARREST AND CUSTODY RECORDS PERTAINING TO THE 696
DELINQUENT ACT AND ALL GENERAL COURT RECORDS, INCLUDING BUT NOT 697
LIMITED TO, ALL COMPLAINTS, JOURNAL ENTRIES, AND HEARING 698
SUMMARIES, THAT PERTAIN TO THAT ACT.
(2) The juvenile court shall send to the superintendent of 700
the bureau of criminal identification and investigation, pursuant 701
to section 109.57 of the Revised Code, a weekly report containing 702
a summary of each case that has come before it and that involves 703
the disposition of a child who is a delinquent child for 705
committing an act that would be a felony or an offense of 706
violence if committed by an adult. 707
(B) The clerk of the court shall maintain a statistical 709
record that includes all of the following: 710
(1) The number of complaints that are filed with the court 712
that allege that a child is a delinquent child, in relation to 713
which the court determines under division (D) of section 2151.27 714
of the Revised Code that the victim of the alleged delinquent act 716
was sixty-five years of age or older or permanently and totally 717
disabled at the time of the alleged commission of the act; 718
(2) The number of complaints described in division (B)(1) 720
of this section that result in the child being adjudicated a 721
delinquent child; 722
(3) The number of complaints described in division (B)(2) 724
of this section in which the act upon which the delinquent child 725
adjudication is based caused property damage or would be a theft 726
offense, as defined in division (K) of section 2913.01 of the 727
Revised Code, if committed by an adult; 728
(4) The number of complaints described in division (B)(3) 730
of this section that result in the delinquent child being 731
required as an order of disposition made under division 733
(A)(8)(b)(9) of section 2151.355 of the Revised Code to make 734
restitution for all or part of the property damage caused by the 735
17
child's delinquent act or for all or part of the value of the 737
property that was the subject of the delinquent act that would be 738
a theft offense if committed by an adult; 739
(5) The number of complaints described in division (B)(2) 741
of this section in which the act upon which the delinquent child 742
adjudication is based would have been an offense of violence if 743
committed by an adult; 744
(6) The number of complaints described in division (B)(5) 746
of this section that result in the delinquent child being 747
committed as an order of disposition made under division (A)(3), 748
(4), (5), (6), or (7) of section 2151.355 of the Revised Code to 749
any facility for delinquent children operated by the county, a 750
district, or a private agency or organization or to the 751
department of youth services; 752
(7) The number of complaints described in division (B)(1) 754
of this section that result in the case being transferred for 755
criminal prosecution to an appropriate court having jurisdiction 756
of the offense under section 2151.26 of the Revised Code. 757
(C) The clerk of the court shall compile an annual summary 759
covering the preceding calendar year showing all of the 760
information for that year contained in the statistical record 761
maintained under division (B) of this section. The statistical 762
record and the annual summary shall be public records open for 763
inspection. Neither the statistical record nor the annual 764
summary shall include the identity of any party to a case. 765
(D) Not later than June of each year, the court shall 767
prepare an annual report covering the preceding calendar year 768
showing the number and kinds of cases that have come before it, 769
the disposition of the cases, and any other data pertaining to 770
the work of the court that the juvenile judge directs. The court 772
shall file copies of the report with the board of county
commissioners. With the approval of the board, the court may 773
print or cause to be printed copies of the report for 774
distribution to persons and agencies interested in the court or 776
18
community program for dependent, neglected, abused, or delinquent 777
children and juvenile traffic offenders. The court shall include 778
the number of copies ordered printed and the estimated cost of
each printed copy on each copy of the report printed for 779
distribution. 780
Sec. 2151.23. (A) The juvenile court has exclusive 789
original jurisdiction under the Revised Code as follows: 790
(1) Concerning any child who on or about the date 792
specified in the complaint is alleged to be a juvenile traffic 793
offender or a delinquent, unruly, abused, neglected, or dependent 795
child AND, BASED ON AND IN RELATION TO THE ALLEGATION PERTAINING 796
TO THE CHILD, CONCERNING THE PARENT, GUARDIAN, OR OTHER PERSON 797
HAVING CARE OF A CHILD WHO IS ALLEGED TO BE AN UNRULY OR 798
DELINQUENT CHILD FOR BEING AN HABITUAL OR CHRONIC TRUANT; 800
(2) Subject to division (V) of section 2301.03 of the 802
Revised Code, to determine the custody of any child not a ward of 803
another court of this state; 804
(3) To hear and determine any application for a writ of 806
habeas corpus involving the custody of a child; 807
(4) To exercise the powers and jurisdiction given the 809
probate division of the court of common pleas in Chapter 5122. of 811
the Revised Code, if the court has probable cause to believe that 812
a child otherwise within the jurisdiction of the court is a
mentally ill person subject to hospitalization by court order, as 813
defined in section 5122.01 of the Revised Code; 814
(5) To hear and determine all criminal cases charging 816
adults with the violation of any section of this chapter; 817
(6) To hear and determine all criminal cases in which an 819
adult is charged with a violation of division (C) of section 820
2919.21, division (B)(1) of section 2919.22, SECTION 2919.222, 821
division (B) of section 2919.23, or section 2919.24 of the 823
Revised Code, provided the charge is not included in an 824
indictment that also charges the alleged adult offender with the 825
commission of a felony arising out of the same actions that are 826
19
the basis of the alleged violation of division (C) of section 827
2919.21, division (B)(1) of section 2919.22, SECTION 2919.222, 828
division (B) of section 2919.23, or section 2919.24 of the 830
Revised Code;
(7) Under the interstate compact on juveniles in section 832
2151.56 of the Revised Code; 833
(8) Concerning any child who is to be taken into custody 835
pursuant to section 2151.31 of the Revised Code, upon being 836
notified of the intent to take the child into custody and the 837
reasons for taking the child into custody; 838
(9) To hear and determine requests for the extension of 840
temporary custody agreements, and requests for court approval of 841
permanent custody agreements, that are filed pursuant to section 842
5103.15 of the Revised Code; 843
(10) To hear and determine applications for consent to 845
marry pursuant to section 3101.04 of the Revised Code; 846
(11) Subject to division (V) of section 2301.03 of the 848
Revised Code, to hear and determine a request for an order for 849
the support of any child if the request is not ancillary to an 850
action for divorce, dissolution of marriage, annulment, or legal 851
separation, a criminal or civil action involving an allegation of 852
domestic violence, or an action for support brought under Chapter 853
3115. of the Revised Code; 854
(12) Concerning an action commenced under section 121.38 856
of the Revised Code; 857
(13) Concerning an action commenced under section 2151.55 859
of the Revised Code; 860
(14) TO HEAR AND DETERMINE VIOLATIONS OF SECTION 3321.38 862
OF THE REVISED CODE;
(15) TO EXERCISE JURISDICTION AND AUTHORITY OVER THE 865
PARENT, GUARDIAN, OR OTHER PERSON HAVING CARE OF A CHILD ALLEGED 866
TO BE A DELINQUENT CHILD, UNRULY CHILD, OR JUVENILE TRAFFIC 867
OFFENDER, BASED ON AND IN RELATION TO THE ALLEGATION PERTAINING 868
TO THE CHILD.
20
(B) The juvenile court has original jurisdiction under the 870
Revised Code: 871
(1) To hear and determine all cases of misdemeanors 873
charging adults with any act or omission with respect to any 874
child, which act or omission is a violation of any state law or 875
any municipal ordinance; 876
(2) To determine the paternity of any child alleged to 878
have been born out of wedlock pursuant to sections 3111.01 to 879
3111.19 of the Revised Code; 880
(3) Under the uniform interstate family support act in 884
Chapter 3115. of the Revised Code;
(4) To hear and determine an application for an order for 886
the support of any child, if the child is not a ward of another 887
court of this state; 888
(5) To hear and determine an action commenced under 890
section 5101.314 of the Revised Code. 891
(C) The juvenile court, except as to juvenile courts that 893
are a separate division of the court of common pleas or a 894
separate and independent juvenile court, has jurisdiction to 895
hear, determine, and make a record of any action for divorce or 896
legal separation that involves the custody or care of children 897
and that is filed in the court of common pleas and certified by 898
the court of common pleas with all the papers filed in the action 899
to the juvenile court for trial, provided that no certification 900
of that nature shall be made to any juvenile court unless the 902
consent of the juvenile judge first is obtained. After a 903
certification of that nature is made and consent is obtained, the 905
juvenile court shall proceed as if the action originally had been 906
begun in that court, except as to awards for spousal support or 907
support due and unpaid at the time of certification, over which 908
the juvenile court has no jurisdiction.
(D) The juvenile court has jurisdiction to hear and 910
determine all matters as to custody and support of children duly 911
certified by the court of common pleas to the juvenile court 912
21
after a divorce decree has been granted, including jurisdiction 913
to modify the judgment and decree of the court of common pleas as 914
the same relate to the custody and support of children. 915
(E) The juvenile court has jurisdiction to hear and 917
determine the case of any child certified to the court by any 918
court of competent jurisdiction if the child comes within the 919
jurisdiction of the juvenile court as defined by this section. 920
(F)(1) The juvenile court shall exercise its jurisdiction 922
in child custody matters in accordance with sections 3109.04, 923
3109.21 to 3109.36, and 5103.20 to 5103.28 of the Revised Code. 924
(2) The juvenile court shall exercise its jurisdiction in 926
child support matters in accordance with section 3109.05 of the 927
Revised Code. 928
(G)(1) Each order for child support made or modified by a 930
juvenile court shall include as part of the order a general 932
provision, as described in division (A)(1) of section 3113.21 of 933
the Revised Code, requiring the withholding or deduction of 934
income or assets of the obligor under the order as described in 936
division (D) of section 3113.21 of the Revised Code, or another 937
type of appropriate requirement as described in division (D)(3), 938
(D)(4), or (H) of that section, to ensure that withholding or 940
deduction from the income or assets of the obligor is available 942
from the commencement of the support order for collection of the 943
support and of any arrearages that occur; a statement requiring 944
all parties to the order to notify the child support enforcement 945
agency in writing of their current mailing address, current 946
residence address, current residence telephone number, and 947
current driver's license number, and any changes to that 949
information; and a notice that the requirement to notify the 951
child support enforcement agency of all changes to that
information continues until further notice from the court. Any 953
juvenile court that makes or modifies an order for child support 954
shall comply with sections 3113.21 to 3113.219 of the Revised 956
Code. If any person required to pay child support under an order 957
22
made by a juvenile court on or after April 15, 1985, or modified 958
on or after December 1, 1986, is found in contempt of court for 959
failure to make support payments under the order, the court that 960
makes the finding, in addition to any other penalty or remedy 961
imposed, shall assess all court costs arising out of the contempt 962
proceeding against the person and require the person to pay any 963
reasonable attorney's fees of any adverse party, as determined by 964
the court, that arose in relation to the act of contempt. 965
(2) Notwithstanding section 3109.01 of the Revised Code, 967
if a juvenile court issues a child support order under this 968
chapter, the order shall remain in effect beyond the child's 969
eighteenth birthday as long as the child continuously attends on 970
a full-time basis any recognized and accredited high school or 971
the order provides that the duty of support of the child 972
continues beyond the child's eighteenth birthday. Except in 973
cases in which the order provides that the duty of support 974
continues for any period after the child reaches nineteen years 975
of age the order shall not remain in effect after the child 976
reaches nineteen years of age. Any parent ordered to pay support 978
under a child support order issued under this chapter shall 979
continue to pay support under the order, including during 980
seasonal vacation periods, until the order terminates. 981
(H) If a child who is charged with an act that would be an 983
offense if committed by an adult was fourteen years of age or 984
older and under eighteen years of age at the time of the alleged 985
act and if the case is transferred for criminal prosecution 986
pursuant to section 2151.26 of the Revised Code, the juvenile 988
court does not have jurisdiction to hear or determine the case 989
subsequent to the transfer. The court to which the case is 990
transferred for criminal prosecution pursuant to that section has 991
jurisdiction subsequent to the transfer to hear and determine the 992
case in the same manner as if the case originally had been 993
commenced in that court, including, but not limited to,
jurisdiction to accept a plea of guilty or another plea 994
23
authorized by Criminal Rule 11 or another section of the Revised 996
Code and jurisdiction to accept a verdict and to enter a judgment 997
of conviction pursuant to the Rules of Criminal Procedure against 998
the child for the commission of the offense that was the basis of 999
the transfer of the case for criminal prosecution, whether the 1,000
conviction is for the same degree or a lesser degree of the 1,001
offense charged, for the commission of a lesser-included offense, 1,002
or for the commission of another offense that is different from 1,003
the offense charged. 1,004
(I) If a person under eighteen years of age allegedly 1,007
commits an act that would be a felony if committed by an adult 1,008
and if the person is not taken into custody or apprehended for
that act until after the person attains twenty-one years of age, 1,009
the juvenile court does not have jurisdiction to hear or 1,010
determine any portion of the case charging the person with 1,011
committing that act. In those circumstances, divisions (B) and 1,012
(C) of section 2151.26 of the Revised Code do not apply regarding 1,013
the act, the case charging the person with committing the act 1,014
shall be a criminal prosecution commenced and heard in the 1,015
appropriate court having jurisdiction of the offense as if the 1,016
person had been eighteen years of age or older when the person 1,017
committed the act, all proceedings pertaining to the act shall be
within the jurisdiction of the court having jurisdiction of the 1,018
offense, and the court having jurisdiction of the offense has all 1,019
the authority and duties in the case as it has in other criminal 1,020
cases commenced in that court.
Sec. 2151.27. (A) Any (1) SUBJECT TO DIVISION (A)(2) OF 1,030
THIS SECTION, ANY person having knowledge of a child who appears 1,031
to be a juvenile traffic offender or to be a delinquent, unruly, 1,032
abused, neglected, or dependent child may file a sworn complaint 1,033
with respect to that child in the juvenile court of the county in 1,034
which the child has a residence or legal settlement or in which 1,035
the traffic offense, delinquency, unruliness, abuse, neglect, or 1,036
dependency allegedly occurred. If an alleged abused, neglected, 1,037
24
or dependent child is taken into custody pursuant to division (D) 1,038
of section 2151.31 of the Revised Code or is taken into custody 1,039
pursuant to division (A) of section 2151.31 of the Revised Code 1,040
without the filing of a complaint and placed into shelter care 1,041
pursuant to division (C) of that section, a sworn complaint shall 1,042
be filed with respect to the child before the end of the next day 1,044
after the day on which the child was taken into custody. The 1,045
sworn complaint may be upon information and belief, and, in 1,046
addition to the allegation that the child is a delinquent,
unruly, abused, neglected, or dependent child or a juvenile 1,047
traffic offender, the complaint shall allege the particular facts 1,048
upon which the allegation that the child is a delinquent, unruly, 1,049
abused, neglected, or dependent child or a juvenile traffic 1,050
offender is based. 1,051
(2) ANY PERSON HAVING KNOWLEDGE OF A CHILD WHO APPEARS TO 1,053
BE AN UNRULY OR DELINQUENT CHILD FOR BEING AN HABITUAL OR CHRONIC 1,054
TRUANT MAY FILE A SWORN COMPLAINT WITH RESPECT TO THAT CHILD AND 1,056
THE PARENT, GUARDIAN, OR OTHER PERSON HAVING CARE OF THE CHILD IN 1,057
THE JUVENILE COURT OF THE COUNTY IN WHICH THE CHILD HAS A 1,058
RESIDENCE OR LEGAL SETTLEMENT OR IN WHICH THE CHILD IS SUPPOSED 1,059
TO ATTEND PUBLIC SCHOOL. THE SWORN COMPLAINT MAY BE UPON 1,060
INFORMATION AND BELIEF AND SHALL CONTAIN THE FOLLOWING 1,061
ALLEGATIONS:
(a) THAT THE CHILD IS AN UNRULY CHILD FOR BEING AN 1,063
HABITUAL TRUANT OR THE CHILD IS A DELINQUENT CHILD FOR BEING A 1,065
CHRONIC TRUANT OR AN HABITUAL TRUANT WHO PREVIOUSLY HAS BEEN 1,066
ADJUDICATED AN UNRULY CHILD FOR BEING AN HABITUAL TRUANT AND, IN 1,067
ADDITION, THE PARTICULAR FACTS UPON WHICH THAT ALLEGATION IS 1,068
BASED;
(b) THAT THE PARENT, GUARDIAN, OR OTHER PERSON HAVING CARE 1,070
OF THE CHILD HAS FAILED TO CAUSE THE CHILD'S ATTENDANCE AT SCHOOL 1,071
IN VIOLATION OF SECTION 3321.38 OF THE REVISED CODE AND, IN 1,072
ADDITION, THE PARTICULAR FACTS UPON WHICH THAT ALLEGATION IS 1,074
BASED.
25
(B) If a child, before arriving at the age of eighteen 1,076
years, allegedly commits an act for which the child may be 1,077
adjudicated a delinquent child, an unruly child, or a juvenile 1,078
traffic offender and if the specific complaint alleging the act 1,079
is not filed or a hearing on that specific complaint is not held 1,080
until after the child arrives at the age of eighteen years, the 1,081
court has jurisdiction to hear and dispose of the complaint as if 1,082
the complaint were filed and the hearing held before the child 1,083
arrived at the age of eighteen years. 1,084
(C) If the complainant in a case in which a child is 1,086
alleged to be an abused, neglected, or dependent child desires 1,087
permanent custody of the child or children, temporary custody of 1,088
the child or children, whether as the preferred or an alternative 1,089
disposition, or the placement of the child in a planned permanent 1,090
living arrangement, the complaint shall contain a prayer 1,092
specifically requesting permanent custody, temporary custody, or 1,093
the placement of the child in a planned permanent living 1,094
arrangement. 1,095
(D) For purposes of the record to be maintained by the 1,097
clerk under division (B) of section 2151.18 of the Revised Code, 1,098
when a complaint is filed that alleges that a child is a 1,099
delinquent child, the court shall determine if the victim of the 1,100
alleged delinquent act was sixty-five years of age or older or 1,101
permanently and totally disabled at the time of the alleged 1,102
commission of the act. 1,103
(E) Any person with standing under applicable law may file 1,105
a complaint for the determination of any other matter over which 1,106
the juvenile court is given jurisdiction by section 2151.23 of 1,107
the Revised Code. The complaint shall be filed in the county in 1,108
which the child who is the subject of the complaint is found or 1,109
was last known to be found. 1,110
(F) Within ten days after the filing of a complaint, the 1,112
court shall give written notice of the filing of the complaint 1,113
and of the substance of the complaint to the superintendent of a 1,114
26
city, local, exempted village, or joint vocational school 1,115
district if the complaint alleges that a child committed an act 1,116
that would be a criminal offense if committed by an adult, that 1,118
the child was sixteen years of age or older at the time of the 1,119
commission of the alleged act, and that the alleged act is any of 1,120
the following:
(1) A violation of section 2923.122 of the Revised Code 1,122
that relates to property owned or controlled by, or to an 1,123
activity held under the auspices of, the board of education of 1,124
that school district; 1,125
(2) A violation of section 2923.12 of the Revised Code, of 1,127
a substantially similar municipal ordinance, or of section 1,128
2925.03 of the Revised Code that was committed on property owned 1,129
or controlled by, or at an activity held under the auspices of, 1,130
the board of education of that school district; 1,131
(3) A violation of section 2925.11 of the Revised Code 1,133
that was committed on property owned or controlled by, or at an 1,134
activity held under the auspices of, the board of education of 1,135
that school district, other than a violation of that section that 1,136
would be a minor drug possession offense, as defined in section
2925.01 of the Revised Code, if committed by an adult; 1,137
(4) A violation of section 2903.01, 2903.02, 2903.03, 1,139
2903.04, 2903.11, 2903.12, 2907.02, or 2907.05 of the Revised 1,141
Code, or a violation of former section 2907.12 of the Revised
Code, that was committed on property owned or controlled by, or 1,143
at an activity held under the auspices of, the board of education 1,144
of that school district, if the victim at the time of the 1,145
commission of the alleged act was an employee of the board of
education of that school district. 1,146
(5) Complicity in any violation described in division 1,148
(F)(1), (2), (3), or (4) of this section that was alleged to have 1,149
been committed in the manner described in division (F)(1), (2), 1,150
(3), or (4) of this section, regardless of whether the act of 1,151
complicity was committed on property owned or controlled by, or 1,152
27
at an activity held under the auspices of, the board of education 1,153
of that school district. 1,154
(G) A public children services agency, acting pursuant to 1,156
a complaint or an action on a complaint filed under this section, 1,157
is not subject to the requirements of section 3109.27 of the 1,158
Revised Code.
Sec. 2151.28. (A) No later than seventy-two hours after 1,167
the complaint is filed, the court shall fix a time for an 1,169
adjudicatory hearing. The court shall conduct the adjudicatory 1,170
hearing within one of the following periods of time: 1,171
(1) If the complaint alleged that the child is a 1,173
delinquent or unruly child or a juvenile traffic offender, the 1,174
adjudicatory hearing shall be held and may be continued in 1,175
accordance with the Juvenile Rules. 1,176
(2) If the complaint alleged that the child is an abused, 1,178
neglected, or dependent child, the adjudicatory hearing shall be 1,179
held no later than thirty days after the complaint is filed, 1,180
except that, for good cause shown, the court may continue the 1,181
adjudicatory hearing for either of the following periods of time: 1,182
(a) For ten days beyond the thirty-day deadline to allow 1,184
any party to obtain counsel; 1,185
(b) For a reasonable period of time beyond the thirty-day 1,187
deadline to obtain service on all parties or any necessary 1,188
evaluation, except that the adjudicatory hearing shall not be 1,189
held later than sixty days after the date on which the complaint 1,190
was filed. 1,191
(B) At an adjudicatory hearing held pursuant to division 1,193
(A)(2) of this section, the court, in addition to determining 1,194
whether the child is an abused, neglected, or dependent child, 1,195
shall determine whether the child should remain or be placed in 1,196
shelter care until the dispositional hearing. When the court 1,197
makes the shelter care determination, all of the following apply: 1,198
(1) The court shall determine whether there are any 1,200
relatives of the child who are willing to be temporary custodians 1,201
28
of the child. If any relative is willing to be a temporary 1,202
custodian, the child otherwise would remain or be placed in 1,203
shelter care, and the appointment is appropriate, the court shall 1,204
appoint the relative as temporary custodian of the child, unless 1,205
the court appoints another relative as custodian. If it 1,206
determines that the appointment of a relative as custodian would 1,207
not be appropriate, it shall issue a written opinion setting 1,208
forth the reasons for its determination and give a copy of the 1,209
opinion to all parties and the guardian ad litem of the child. 1,210
The court's consideration of a relative for appointment as 1,212
a temporary custodian does not make that relative a party to the 1,213
proceedings. 1,214
(2) The court shall comply with section 2151.419 of the 1,217
Revised Code.
(3) The court shall schedule the date for the 1,219
dispositional hearing to be held pursuant to section 2151.35 of 1,220
the Revised Code. The parents of the child have a right to be 1,221
represented by counsel; however, in no case shall the 1,222
dispositional hearing be held later than ninety days after the 1,223
date on which the complaint was filed. 1,224
(C) The court shall direct the issuance of a summons 1,226
directed to the child except as provided by this section, the 1,227
parents, guardian, custodian, or other person with whom the child 1,228
may be, and any other persons that appear to the court to be 1,229
proper or necessary parties to the proceedings, requiring them to 1,230
appear before the court at the time fixed to answer the 1,231
allegations of the complaint. The summons shall contain the name 1,232
and telephone number of the court employee designated by the 1,233
court pursuant to section 2151.314 of the Revised Code to arrange 1,234
for the prompt appointment of counsel for indigent persons. A 1,235
child alleged to be an abused, neglected, or dependent child 1,236
shall not be summoned unless the court so directs. A summons 1,237
issued for a child who is under fourteen years of age and who is 1,238
alleged to be a delinquent child, unruly child, or a juvenile 1,239
29
traffic offender shall be served on the parent, guardian, or 1,240
custodian of the child in the child's behalf. 1,241
If the person who has physical custody of the child, or 1,243
with whom the child resides, is other than the parent or 1,244
guardian, then the parents and guardian also shall be summoned. 1,245
A copy of the complaint shall accompany the summons. 1,246
(D) If the complaint contains a prayer for permanent 1,248
custody, temporary custody, whether as the preferred or an 1,249
alternative disposition, or a planned permanent living 1,251
arrangement in a case involving an alleged abused, neglected, or 1,252
dependent child, the summons served on the parents shall contain 1,253
as is appropriate an explanation that the granting of permanent 1,254
custody permanently divests the parents of their parental rights 1,255
and privileges, an explanation that an adjudication that the 1,256
child is an abused, neglected, or dependent child may result in 1,257
an order of temporary custody that will cause the removal of the 1,258
child from their legal custody until the court terminates the 1,259
order of temporary custody or permanently divests the parents of 1,260
their parental rights, or an explanation that the issuance of an 1,261
order for a planned permanent living arrangement will cause the 1,262
removal of the child from the legal custody of the parents if any 1,264
of the conditions listed in divisions (A)(5)(a) to (c) of section 1,265
2151.353 of the Revised Code are found to exist. 1,266
(E) The (1) EXCEPT AS OTHERWISE PROVIDED IN DIVISION 1,269
(E)(2) OF THIS SECTION, THE court may endorse upon the summons an
order directing the parents, guardian, or other person with whom 1,271
the child may be to appear personally at the hearing and 1,272
directing the person having the physical custody or control of 1,273
the child to bring the child to the hearing. 1,274
(2) IN CASES IN WHICH THE COMPLAINT ALLEGES THAT A CHILD 1,276
IS AN UNRULY OR DELINQUENT CHILD FOR BEING AN HABITUAL OR CHRONIC 1,277
TRUANT AND THAT THE PARENT, GUARDIAN, OR OTHER PERSON HAVING CARE 1,279
OF THE CHILD HAS FAILED TO CAUSE THE CHILD'S ATTENDANCE AT 1,280
SCHOOL, THE COURT SHALL ENDORSE UPON THE SUMMONS AN ORDER 1,281
30
DIRECTING THE PARENT, GUARDIAN, OR OTHER PERSON HAVING CARE OF 1,282
THE CHILD TO APPEAR PERSONALLY AT THE HEARING AND DIRECTING THE 1,283
PERSON HAVING THE PHYSICAL CUSTODY OR CONTROL OF THE CHILD TO 1,284
BRING THE CHILD TO THE HEARING.
(F)(1) The summons shall contain a statement advising that 1,286
any party is entitled to counsel in the proceedings and that the 1,287
court will appoint counsel or designate a county public defender 1,288
or joint county public defender to provide legal representation 1,289
if the party is indigent. 1,290
(2) In cases in which the complaint alleges a child to be 1,292
an abused, neglected, or dependent child and no hearing has been 1,293
conducted pursuant to division (A) of section 2151.314 of the 1,294
Revised Code with respect to the child or a parent, guardian, or 1,295
custodian of the child does not attend the hearing, the summons 1,296
also shall contain a statement advising that a case plan may be 1,297
prepared for the child, the general requirements usually
contained in case plans, and the possible consequences of failure 1,298
to comply with a journalized case plan. 1,299
(G) If it appears from an affidavit filed or from sworn 1,301
testimony before the court that the conduct, condition, or 1,302
surroundings of the child are endangering the child's health or 1,304
welfare or those of others, that the child may abscond or be
removed from the jurisdiction of the court, or that the child 1,305
will not be brought to the court, notwithstanding the service of 1,307
the summons, the court may endorse upon the summons an order that 1,308
a law enforcement officer serve the summons and take the child 1,309
into immediate custody and bring the child forthwith to the 1,310
court.
(H) A party, other than the child, may waive service of 1,312
summons by written stipulation. 1,313
(I) Before any temporary commitment is made permanent, the 1,315
court shall fix a time for hearing in accordance with section 1,316
2151.414 of the Revised Code and shall cause notice by summons to 1,317
be served upon the parent or guardian of the child and the 1,318
31
guardian ad litem of the child, or published, as provided in 1,319
section 2151.29 of the Revised Code. The summons shall contain 1,320
an explanation that the granting of permanent custody permanently 1,321
divests the parents of their parental rights and privileges. 1,322
(J) Any person whose presence is considered necessary and 1,324
who is not summoned may be subpoenaed to appear and testify at 1,325
the hearing. Anyone summoned or subpoenaed to appear who fails 1,327
to do so may be punished, as in other cases in the court of 1,328
common pleas, for contempt of court. Persons subpoenaed shall be 1,329
paid the same witness fees as are allowed in the court of common 1,330
pleas. 1,331
(K) The failure of the court to hold an adjudicatory 1,333
hearing within any time period set forth in division (A)(2) of 1,334
this section does not affect the ability of the court to issue 1,335
any order under this chapter and does not provide any basis for 1,336
attacking the jurisdiction of the court or the validity of any 1,337
order of the court. 1,338
(L) If the court, at an adjudicatory hearing held pursuant 1,340
to division (A) of this section upon a complaint alleging that a 1,341
child is an abused, neglected, dependent, delinquent, or unruly 1,342
child or a juvenile traffic offender, determines that the child 1,343
is a dependent child, the court shall incorporate that 1,344
determination into written findings of fact and conclusions of 1,345
law and enter those findings of fact and conclusions of law in
the record of the case. The court shall include in those 1,347
findings of fact and conclusions of law specific findings as to
the existence of any danger to the child and any underlying 1,348
family problems that are the basis for the court's determination 1,349
that the child is a dependent child. 1,350
Sec. 2151.313. (A)(1) Except as provided in division 1,359
(A)(2) of this section and in sections 109.57, 109.60, and 109.61 1,361
of the Revised Code, no child shall be fingerprinted or 1,362
photographed in the investigation of any violation of law without 1,363
the consent of the juvenile judge. 1,364
32
(2) Subject to division (A)(3) of this section, a law 1,367
enforcement officer may fingerprint and photograph a child 1,368
without the consent of the juvenile judge when the child is 1,369
arrested or otherwise taken into custody for the commission of an 1,370
act that would be an offense, other than a traffic offense or a 1,371
minor misdemeanor, if committed by an adult, and there is 1,372
probable cause to believe that the child may have been involved 1,373
in the commission of the act. A law enforcement officer who 1,374
takes fingerprints or photographs of a child under division 1,375
(A)(2) of this section immediately shall inform the juvenile 1,376
court that the fingerprints or photographs were taken and shall 1,377
provide the court with the identity of the child, the number of 1,378
fingerprints and photographs taken, and the name and address of 1,379
each person who has custody and control of the fingerprints or 1,380
photographs or copies of the fingerprints or photographs. 1,381
(3) This section does not apply to a child to whom either 1,384
of the following applies:
(a) The child has been arrested or otherwise taken into 1,387
custody for committing, or has been adjudicated a delinquent 1,388
child for committing, an act that would be a felony if committed 1,389
by an adult or has been convicted of or pleaded guilty to 1,390
committing a felony. 1,391
(b) There is probable cause to believe that the child may 1,394
have committed an act that would be a felony if committed by an 1,396
adult.
(B)(1) Subject to divisions (B)(4), (5), and (6) of this 1,398
section, all fingerprints and photographs of a child obtained or 1,399
taken under division (A)(1) or (2) of this section, and any 1,400
records of the arrest or custody of the child that was the basis 1,401
for the taking of the fingerprints or photographs, initially may 1,402
be retained only until the expiration of thirty days after the 1,403
date taken, except that the court may limit the initial retention 1,404
of fingerprints and photographs of a child obtained under 1,405
division (A)(1) of this section to a shorter period of time and 1,406
33
except that, if the child is adjudicated a delinquent child for 1,407
the commission of an act described in division (B)(3) of this 1,408
section or is convicted of or pleads guilty to a criminal offense 1,409
for the commission of an act described in division (B)(3) of this 1,410
section, the fingerprints and photographs, and the records of the 1,411
arrest or custody of the child that was the basis for the taking 1,412
of the fingerprints and photographs, shall be retained in 1,413
accordance with division (B)(3) of this section. During the 1,414
initial period of retention, the fingerprints and photographs of 1,415
a child, copies of the fingerprints and photographs, and records 1,416
of the arrest or custody of the child shall be used or released 1,417
only in accordance with division (C) of this section. At the 1,418
expiration of the initial period for which fingerprints and 1,419
photographs of a child, copies of fingerprints and photographs of 1,420
a child, and records of the arrest or custody of a child may be 1,421
retained under this division, if no complaint is pending against 1,422
the child in relation to the act for which the fingerprints and 1,423
photographs originally were obtained or taken and if the child 1,424
has neither been adjudicated a delinquent child for the 1,425
commission of that act nor been convicted of or pleaded guilty to 1,426
a criminal offense based on that act subsequent to a transfer of 1,427
the child's case for criminal prosecution pursuant to section 1,428
2151.26 of the Revised Code, the fingerprints and photographs of 1,429
the child, all copies of the fingerprints and photographs, and 1,430
all records of the arrest or custody of the child that was the 1,431
basis of the taking of the fingerprints and photographs shall be 1,432
removed from the file and delivered to the juvenile court. 1,433
(2) If, at the expiration of the initial period of 1,435
retention set forth in division (B)(1) of this section, a 1,436
complaint is pending against the child in relation to the act for 1,437
which the fingerprints and photographs originally were obtained 1,438
or the child either has been adjudicated a delinquent child for 1,439
the commission of an act other than an act described in division 1,440
(B)(3) of this section or has been convicted of or pleaded guilty 1,441
34
to a criminal offense for the commission of an act other than an 1,442
act described in division (B)(3) of this section subsequent to 1,443
transfer of the child's case, the fingerprints and photographs of 1,444
the child, copies of the fingerprints and photographs, and the 1,445
records of the arrest or custody of the child that was the basis 1,446
of the taking of the fingerprints and photographs may further be 1,447
retained, subject to division (B)(4) of this section, until the 1,448
earlier of the expiration of two years after the date on which 1,449
the fingerprints or photographs were taken or the child attains 1,450
eighteen years of age, except that, if the child is adjudicated a 1,451
delinquent child for the commission of an act described in 1,452
division (B)(3) of this section or is convicted of or pleads 1,453
guilty to a criminal offense for the commission of an act 1,454
described in division (B)(3) of this section, the fingerprints 1,455
and photographs, and the records of the arrest or custody of the 1,456
child that was the basis for the taking of the fingerprints and 1,457
photographs, shall be retained in accordance with division (B)(3) 1,458
of this section. 1,459
Except as otherwise provided in division (B)(3) of this 1,461
section, during this additional period of retention, the 1,462
fingerprints and photographs of a child, copies of the 1,463
fingerprints and photographs of a child, and records of the 1,464
arrest or custody of a child shall be used or released only in 1,465
accordance with division (C) of this section. At the expiration 1,466
of the additional period, if no complaint is pending against the 1,467
child in relation to the act for which the fingerprints 1,468
originally were obtained or taken or in relation to another act 1,469
for which the fingerprints were used as authorized by division 1,470
(C) of this section and that would be a felony if committed by an 1,471
adult, the fingerprints of the child, all copies of the 1,472
fingerprints, and all records of the arrest or custody of the 1,473
child that was the basis of the taking of the fingerprints shall 1,474
be removed from the file and delivered to the juvenile court, 1,475
and, if no complaint is pending against the child concerning the 1,476
35
act for which the photographs originally were obtained or taken 1,477
or concerning an act that would be a felony if committed by an 1,478
adult, the photographs and all copies of the photographs, and, if 1,479
no fingerprints were taken at the time the photographs were 1,480
taken, all records of the arrest or custody that was the basis of 1,481
the taking of the photographs shall be removed from the file and 1,482
delivered to the juvenile court. In either case, if, at the 1,483
expiration of the applicable additional period, such a complaint 1,484
is pending against the child, the photographs and copies of the 1,485
photographs of the child, or the fingerprints and copies of the 1,486
fingerprints of the child, whichever is applicable, and the 1,487
records of the arrest or custody of the child may be retained, 1,488
subject to division (B)(4) of this section, until final 1,489
disposition of the complaint, and, upon final disposition of the 1,490
complaint, they shall be removed from the file and delivered to 1,491
the juvenile court, except that, if the child is adjudicated a 1,492
delinquent child for the commission of an act described in 1,493
division (B)(3) of this section or is convicted of or pleads 1,494
guilty to a criminal offense for the commission of an act 1,495
described in division (B)(3) of this section, the fingerprints 1,496
and photographs, and the records of the arrest or custody of the 1,497
child that was the basis for the taking of the fingerprints and 1,498
photographs, shall be retained in accordance with division (B)(3) 1,499
of this section. 1,500
(3) If a child is adjudicated a delinquent child for 1,502
violating section 2923.42 of the Revised Code or for committing 1,504
an act that would be a misdemeanor offense of violence if
committed by an adult, or is convicted of or pleads guilty to a 1,506
violation of section 2923.42 of the Revised Code, a misdemeanor 1,508
offense of violence, or a violation of an existing or former 1,509
municipal ordinance or law of this state, another state, or the 1,511
United States that is substantially equivalent to section 2923.42 1,512
of the Revised Code or any misdemeanor offense of violence, both 1,513
of the following apply: 1,514
36
(a) Originals and copies of fingerprints and photographs 1,516
of the child obtained or taken under division (A)(1) of this 1,517
section, and any records of the arrest or custody that was the 1,518
basis for the taking of the fingerprints or photographs, may be 1,519
retained for the period of time specified by the juvenile judge 1,520
in that judge's grant of consent for the taking of the 1,521
fingerprints or photographs. Upon the expiration of the 1,522
specified period, all originals and copies of the fingerprints, 1,523
photographs, and records shall be delivered to the juvenile court 1,524
or otherwise disposed of in accordance with any instructions 1,525
specified by the juvenile judge in that judge's grant of consent. 1,526
During the period of retention of the photographs and records, 1,527
all originals and copies of them shall be retained in a file 1,528
separate and apart from all photographs taken of adults. During 1,529
the period of retention of the fingerprints, all originals and 1,530
copies of them may be maintained in the files of fingerprints 1,531
taken of adults. If the juvenile judge who grants consent for 1,532
the taking of fingerprints and photographs under division (A)(1) 1,533
of this section does not specify a period of retention in that 1,534
judge's grant of consent, originals and copies of the 1,536
fingerprints, photographs, and records may be retained in 1,537
accordance with this section as if the fingerprints and 1,538
photographs had been taken under division (A)(2) of this section. 1,539
(b) Originals and copies of fingerprints and photographs 1,541
taken under division (A)(2) of this section, and any records of 1,542
the arrest or custody that was the basis for the taking of the 1,543
fingerprints or photographs, may be retained for the period of 1,544
time and in the manner specified in division (B)(3)(b) of this 1,546
section. Prior to the child's attainment of eighteen years of 1,547
age, all originals and copies of the photographs and records 1,548
shall be retained and shall be kept in a file separate and apart 1,549
from all photographs taken of adults. During the period of 1,550
retention of the fingerprints, all originals and copies of them 1,551
may be maintained in the files of fingerprints taken of adults. 1,552
37
Upon the child's attainment of eighteen years of age, all 1,553
originals and copies of the fingerprints, photographs, and 1,554
records shall be disposed of as follows: 1,555
(i) If the juvenile judge issues or previously has issued 1,557
an order that specifies a manner of disposition of the originals 1,558
and copies of the fingerprints, photographs, and records, they 1,559
shall be delivered to the juvenile court or otherwise disposed of 1,560
in accordance with the order. 1,561
(ii) If the juvenile judge does not issue and has not 1,563
previously issued an order that specifies a manner of disposition 1,564
of the originals and copies of the fingerprints not maintained in 1,565
adult files, photographs, and records, the law enforcement 1,566
agency, in its discretion, either shall remove all originals and 1,567
copies of them from the file in which they had been maintained 1,568
and transfer them to the files that are used for the retention of 1,569
fingerprints and photographs taken of adults who are arrested 1,570
for, otherwise taken into custody for, or under investigation for 1,571
the commission of a criminal offense or shall remove them from 1,572
the file in which they had been maintained and deliver them to 1,573
the juvenile court. If the originals and copies of any 1,574
fingerprints of a child who attains eighteen years of age are 1,575
maintained in the files of fingerprints taken of adults or if 1,576
pursuant to division (B)(3)(b)(ii) of this section the agency 1,578
transfers the originals and copies of any fingerprints not 1,579
maintained in adult files, photographs, or records to the files 1,580
that are used for the retention of fingerprints and photographs 1,581
taken of adults who are arrested for, otherwise taken into 1,582
custody for, or under investigation for the commission of a 1,583
criminal offense, the originals and copies of the fingerprints, 1,584
photographs, and records may be maintained, used, and released 1,585
after they are maintained in the adult files or after the 1,586
transfer as if the fingerprints and photographs had been taken 1,587
of, and as if the records pertained to, an adult who was arrested 1,588
for, otherwise taken into custody for, or under investigation for 1,589
38
the commission of a criminal offense. 1,590
(4) If a sealing or expungement order issued under section 1,592
2151.358 of the Revised Code requires the sealing or destruction 1,593
of any fingerprints or photographs of a child obtained or taken 1,594
under division (A)(1) or (2) of this section or of the records of 1,595
an arrest or custody of a child that was the basis of the taking 1,596
of the fingerprints or photographs prior to the expiration of any 1,597
period for which they otherwise could be retained under division 1,598
(B)(1), (2), or (3) of this section, the fingerprints, 1,599
photographs, and arrest or custody records that are subject to 1,600
the order and all copies of the fingerprints, photographs, and 1,601
arrest or custody records shall be sealed or destroyed in 1,602
accordance with the order. 1,603
(5) All fingerprints of a child, photographs of a child, 1,605
records of an arrest or custody of a child, and copies delivered 1,606
to a juvenile court in accordance with division (B)(1), (2), or 1,607
(3) of this section shall be destroyed by the court, PROVIDED 1,608
THAT, IF A COMPLAINT IS FILED AGAINST THE CHILD IN RELATION TO 1,610
ANY ACT TO WHICH THE RECORDS PERTAIN, THE COURT SHALL MAINTAIN
ALL RECORDS OF AN ARREST OR CUSTODY OF A CHILD SO DELIVERED FOR 1,612
AT LEAST THREE YEARS AFTER THE FINAL DISPOSITION OF THE CASE OR 1,613
AFTER THE CASE BECOMES INACTIVE. DURING THE PERIOD FOR WHICH THE 1,614
RECORDS OF AN ARREST OR CUSTODY ARE SO RETAINED, THE RECORDS 1,615
SHALL BE AVAILABLE FOR INSPECTION BY VICTIMS OF THE ACTS TO WHICH 1,616
THE RECORDS PERTAIN, AS DESCRIBED IN DIVISION (A)(1) OF SECTION 1,617
2151.18 OF THE REVISED CODE.
(6)(a) All photographs of a child and records of an arrest 1,619
or custody of a child retained pursuant to division (B) of this 1,620
section and not delivered to a juvenile court shall be kept in a 1,621
file separate and apart from fingerprints, photographs, and 1,622
records of an arrest or custody of an adult. All fingerprints of 1,623
a child retained pursuant to division (B) of this section and not 1,624
delivered to a juvenile court may be maintained in the files of 1,625
fingerprints taken of adults. 1,626
39
(b) If a child who is the subject of photographs or 1,628
fingerprints is adjudicated a delinquent child for the commission 1,629
of an act that would be an offense, other than a traffic offense 1,631
or a minor misdemeanor, if committed by an adult or is convicted 1,632
of or pleads guilty to a criminal offense, other than a traffic
offense or a minor misdemeanor, all fingerprints not maintained 1,634
in the files of fingerprints taken of adults and all photographs 1,635
of the child, and all records of the arrest or custody of the 1,636
child that is the basis of the taking of the fingerprints or 1,637
photographs, that are retained pursuant to division (B) of this 1,638
section and not delivered to a juvenile court shall be kept in a 1,639
file separate and apart from fingerprints, photographs, and 1,640
arrest and custody records of children who have not been 1,641
adjudicated a delinquent child for the commission of an act that 1,642
would be an offense, other than a traffic offense or a minor 1,643
misdemeanor, if committed by an adult and have not been convicted 1,644
of or pleaded guilty to a criminal offense other than a traffic 1,645
offense or a minor misdemeanor. 1,646
(C) Until they are delivered to the juvenile court or 1,648
sealed, transferred in accordance with division (B)(3)(b) of this 1,649
section, or destroyed pursuant to a sealing or expungement order, 1,650
the originals and copies of fingerprints and photographs of a 1,651
child that are obtained or taken pursuant to division (A)(1) or 1,652
(2) of this section, and the records of the arrest or custody of 1,653
the child that was the basis of the taking of the fingerprints or 1,654
photographs, shall be used or released only as follows: 1,655
(1) During the initial thirty-day period of retention, 1,657
originals and copies of fingerprints and photographs of a child, 1,658
and records of the arrest or custody of a child, shall be used, 1,659
prior to the filing of a complaint against the child in relation 1,660
to the act for which the fingerprints and photographs were 1,661
originally obtained or taken, only for the investigation of that 1,662
act and shall be released, prior to the filing of the complaint, 1,663
only to a court that would have jurisdiction of the child's case 1,664
40
under this chapter. Subsequent to the filing of a complaint, 1,665
originals and copies of fingerprints and photographs of a child, 1,666
and records of the arrest or custody of a child, shall be used or 1,667
released during the initial thirty-day period of retention only 1,668
as provided in division (C)(2)(a), (b), or (c) of this section. 1,669
(2) Originals and copies of fingerprints and photographs 1,671
of a child, and records of the arrest or custody of a child, that 1,672
are retained beyond the initial thirty-day period of retention 1,673
subsequent to the filing of a complaint, a delinquent child 1,674
adjudication, or a conviction of or guilty plea to a criminal 1,675
offense shall be used or released only as follows: 1,676
(a) Originals and copies of photographs of a child, and, 1,678
if no fingerprints were taken at the time the photographs were 1,679
taken, records of the arrest or custody of the child that was the 1,680
basis of the taking of the photographs, may be used only as 1,681
follows: 1,682
(i) They may be used for the investigation of the act for 1,684
which they originally were obtained or taken; if the child who is 1,685
the subject of the photographs is a suspect in the investigation, 1,686
for the investigation of any act that would be an offense if 1,687
committed by an adult; and for arresting or bringing the child 1,688
into custody. 1,689
(ii) If the child who is the subject of the photographs is 1,691
adjudicated a delinquent child for the commission of an act that 1,692
would be a felony if committed by an adult or is convicted of or 1,693
pleads guilty to a criminal offense that is a felony as a result 1,694
of the arrest or custody that was the basis of the taking of the 1,695
photographs, a law enforcement officer may use the photographs 1,696
for a photo line-up conducted as part of the investigation of any 1,697
act that would be a felony if committed by an adult, whether or 1,698
not the child who is the subject of the photographs is a suspect 1,699
in the investigation. 1,700
(b) Originals and copies of fingerprints of a child, and 1,702
records of the arrest or custody of the child that was the basis 1,703
41
of the taking of the fingerprints, may be used only for the 1,704
investigation of the act for which they originally were obtained 1,705
or taken; if a child is a suspect in the investigation, for the 1,706
investigation of another act that would be an offense if 1,707
committed by an adult; and for arresting or bringing the child 1,708
into custody. 1,709
(c) Originals and copies of fingerprints, photographs, and 1,711
records of the arrest or custody that was the basis of the taking 1,712
of the fingerprints or photographs shall be released only to the 1,713
following: 1,714
(i) Law enforcement officers of this state or a political 1,716
subdivision of this state, upon notification to the juvenile 1,717
court of the name and address of the law enforcement officer or 1,718
agency to whom or to which they will be released; 1,719
(ii) A court that has jurisdiction of the child's case 1,721
under Chapter 2151. of the Revised Code or subsequent to a 1,722
transfer of the child's case for criminal prosecution pursuant to 1,723
section 2151.26 of the Revised Code. 1,724
(D) No person shall knowingly do any of the following: 1,726
(1) Fingerprint or photograph a child in the investigation 1,728
of any violation of law other than as provided in division (A)(1) 1,729
or (2) of this section or in sections 109.57, 109.60, and 109.61 1,731
of the Revised Code;
(2) Retain fingerprints or photographs of a child obtained 1,733
or taken under division (A)(1) or (2) of this section, copies of 1,734
fingerprints or photographs of that nature, or records of the 1,736
arrest or custody that was the basis of the taking of 1,737
fingerprints or photographs of that nature other than in 1,738
accordance with division (B) of this section; 1,740
(3) Use or release fingerprints or photographs of a child 1,742
obtained or taken under division (A)(1) or (2) of this section, 1,743
copies of fingerprints or photographs of that nature, or records 1,745
of the arrest or custody that was the basis of the taking of 1,746
fingerprints or photographs of that nature other than in 1,747
42
accordance with division (B) or (C) of this section. 1,748
Sec. 2151.315. (A) As used in this section, "DNA 1,757
analysis" and "DNA specimen" have the same meanings as in section 1,758
109.573 of the Revised Code. 1,759
(B)(1) A child who is adjudicated a delinquent child for 1,761
committing an act listed in division (D) of this section and who 1,762
is committed to the custody of the department of youth services 1,763
or to a school, camp, institution, or other facility for 1,764
delinquent children described in division (A)(3) of section 1,765
2151.355 of the Revised Code shall submit to a DNA specimen 1,766
collection procedure administered by the director of youth
services if committed to the department or by the chief 1,767
administrative officer of the school, camp, institution, or other 1,768
facility for delinquent children to which the child was 1,769
committed. If the court commits the child to the department of 1,770
youth services, the director of youth services shall cause the 1,771
DNA specimen to be collected from the child during the intake 1,772
process at an institution operated by or under the control of the 1,773
department. If the court commits the child to a school, camp, 1,774
institution, or other facility for delinquent children, the chief 1,775
administrative officer of the school, camp, institution, or 1,776
facility to which the child is committed shall cause the DNA 1,778
specimen to be collected from the child during the intake process 1,779
for the school, camp, institution, or facility. In accordance 1,780
with division (C) of this section, the director or the chief 1,781
administrative officer shall cause the DNA specimen to be 1,784
forwarded to the bureau of criminal identification and 1,785
investigation no later than fifteen days after the date of the 1,786
collection of the DNA specimen. The DNA specimen shall be 1,787
collected from the child in accordance with division (C) of this 1,789
section.
(2) If a child is adjudicated a delinquent child for 1,791
committing an act listed in division (D) of this section, is 1,793
committed to the department of youth services or to a school, 1,795
43
camp, institution, or other facility for delinquent children, and 1,796
does not submit to a DNA specimen collection procedure pursuant 1,798
to division (B)(1) of this section, prior to the child's release 1,799
from the custody of the department of youth services or from the 1,800
custody of the school, camp, institution, or facility, the child 1,801
shall submit to, and the director of youth services or the chief 1,802
administrator of the school, camp, institution, or facility to 1,803
which the child is committed shall administer, a DNA specimen 1,804
collection procedure at the institution operated by or under the 1,805
control of the department of youth services or at the school, 1,806
camp, institution, or facility to which the child is committed. 1,807
In accordance with division (C) of this section, the director or 1,808
the chief administrative officer shall cause the DNA specimen to 1,811
be forwarded to the bureau of criminal identification and
investigation no later than fifteen days after the date of the 1,812
collection of the DNA specimen. The DNA specimen shall be 1,813
collected in accordance with division (C) of this section. 1,814
(C) A physician, registered nurse, licensed practical 1,817
nurse, duly licensed clinical laboratory technician, or other 1,818
qualified medical practitioner shall collect in a medically
approved manner the DNA specimen required to be collected 1,819
pursuant to division (B) of this section. No later than fifteen 1,820
days after the date of the collection of the DNA specimen, the 1,821
director of youth services or the chief administrative officer of 1,823
the school, camp, institution, or other facility for delinquent 1,824
children to which the child is committed shall cause the DNA 1,825
specimen to be forwarded to the bureau of criminal identification 1,827
and investigation in accordance with procedures established by 1,828
the superintendent of the bureau under division (H) of section 1,830
109.573 of the Revised Code. The bureau shall provide the 1,831
specimen vials, mailing tubes, labels, postage, and instruction 1,832
needed for the collection and forwarding of the DNA specimen to 1,834
the bureau.
(D) The director of youth services and the chief 1,836
44
administrative officer of a school, camp, institution, or other 1,837
facility for delinquent children shall cause a DNA specimen to be 1,838
collected in accordance with divisions (B) and (C) of this 1,839
section from each child in its custody who is adjudicated a 1,840
delinquent child for committing any of the following acts: 1,842
(1) A violation of section 2903.01, 2903.02, 2903.03, 1,844
2903.11, 2905.01, 2905.02, 2905.11, 2907.02, 2907.03, 2907.04, 1,846
2907.05, or 2909.02, 2909.03, 2911.01, 2911.02, 2911.11, OR 1,848
2911.12 of the Revised Code;
(2) A violation of section 2907.12 of the Revised Code as 1,850
it existed prior to September 3, 1996; 1,851
(3) An attempt to commit a violation of section 2907.02, 1,853
2907.03, 2907.04, or 2907.05 of the Revised Code or to commit a 1,855
violation of section 2907.12 of the Revised Code as it existed 1,856
prior to September 3, 1996; 1,857
(4) A violation of any law that arose out of the same 1,859
facts and circumstances and same act as did a charge against the 1,862
child of a violation of section 2903.01, 2903.02, 2903.03, 1,863
2903.11, 2905.01, 2905.02, 2905.11, 2907.02, 2907.03, 2907.04, 1,864
2907.05, or 2909.02, 2909.03, 2911.01, 2911.02, 2911.11, OR 1,866
2911.12 of the Revised Code that previously was dismissed or 1,868
amended or as did a charge against the child of a violation of 1,869
section 2907.12 of the Revised Code as it existed prior to 1,870
September 3, 1996, that previously was dismissed or amended;
(5) A violation of section 2905.02 or 2919.23 of the 1,872
Revised Code that would have been a violation of section 2905.04 1,874
of the Revised Code as it existed prior to July 1, 1996, had the 1,875
violation been committed prior to that date.
(E) The director of youth services and the chief 1,877
administrative officer of a school, camp, institution, or other 1,878
facility for delinquent children is not required to comply with 1,879
this section until the superintendent of the bureau of criminal 1,881
identification and investigation gives agencies in the juvenile 1,882
justice system, as defined in section 181.51 of the Revised Code,
45
in the state official notification that the state DNA laboratory 1,885
is prepared to accept DNA specimens. 1,886
Sec. 2151.35. (A)(1) The juvenile court may conduct its 1,895
hearings in an informal manner and may adjourn its hearings from 1,896
time to time. In the hearing of any case, the general public may 1,897
be excluded and only those persons admitted who have a direct 1,898
interest in the case. 1,899
All EXCEPT CASES INVOLVING CHILDREN WHO ARE ALLEGED TO BE 1,901
UNRULY OR DELINQUENT CHILDREN FOR BEING HABITUAL OR CHRONIC 1,902
TRUANTS, ALL cases involving children shall be heard separately 1,904
and apart from the trial of cases against adults. The court may 1,905
excuse the attendance of the child at the hearing in cases 1,906
involving abused, neglected, or dependent children. The court 1,907
shall hear and determine all cases of children without a jury, 1,908
EXCEPT THAT SECTION 2151.47 OF THE REVISED CODE SHALL APPLY IN 1,912
CASES INVOLVING A COMPLAINT THAT JOINTLY ALLEGES THAT A CHILD IS 1,913
AN UNRULY OR DELINQUENT CHILD FOR BEING AN HABITUAL OR CHRONIC 1,915
TRUANT AND THAT A PARENT, GUARDIAN, OR OTHER PERSON HAVING CARE 1,918
OF THE CHILD FAILED TO CAUSE THE CHILD'S ATTENDANCE AT SCHOOL. 1,919
IF A COMPLAINT ALLEGES A CHILD TO BE A DELINQUENT CHILD, 1,921
UNRULY CHILD, OR JUVENILE TRAFFIC OFFENDER, THE COURT SHALL 1,922
REQUIRE THE PARENT, GUARDIAN, OR CUSTODIAN OF THE CHILD TO ATTEND 1,923
ALL PROCEEDINGS OF THE COURT REGARDING THE CHILD. IF A PARENT, 1,924
GUARDIAN, OR CUSTODIAN FAILS TO SO ATTEND, THE COURT MAY FIND THE 1,925
PARENT, GUARDIAN, OR CUSTODIAN IN CONTEMPT. 1,926
If the court at the adjudicatory hearing finds from clear 1,928
and convincing evidence that the child is an abused, neglected, 1,929
or dependent child, the court shall proceed, in accordance with 1,930
division (B) of this section, to hold a dispositional hearing and 1,931
hear the evidence as to the proper disposition to be made under 1,932
section 2151.353 of the Revised Code. If the court at the 1,933
adjudicatory hearing finds beyond a reasonable doubt that the 1,934
child is a delinquent or unruly child or a juvenile traffic 1,935
offender, the court shall proceed immediately, or at a postponed 1,936
46
hearing, to hear the evidence as to the proper disposition to be 1,937
made under sections 2151.352 to 2151.355 of the Revised Code. If 1,939
THE COURT AT THE ADJUDICATORY HEARING FINDS BEYOND A REASONABLE 1,940
DOUBT THAT THE CHILD IS AN UNRULY CHILD FOR BEING AN HABITUAL 1,941
TRUANT, OR THAT THE CHILD IS AN UNRULY CHILD FOR BEING AN 1,942
HABITUAL TRUANT AND THAT THE PARENT, GUARDIAN, OR OTHER PERSON 1,943
HAVING CARE OF THE CHILD HAS FAILED TO CAUSE THE CHILD'S 1,944
ATTENDANCE AT SCHOOL IN VIOLATION OF SECTION 3321.38 OF THE 1,947
REVISED CODE, THE COURT SHALL PROCEED TO HOLD A HEARING TO HEAR 1,949
THE EVIDENCE AS TO THE PROPER DISPOSITION TO BE MADE IN REGARD TO 1,951
THE CHILD UNDER DIVISION (C)(1) OF SECTION 2151.354 OF THE 1,953
REVISED CODE AND THE PROPER ACTION TO TAKE IN REGARD TO THE 1,954
PARENT, GUARDIAN, OR OTHER PERSON HAVING CARE OF THE CHILD UNDER 1,955
DIVISION (C)(2) OF SECTION 2151.354 OF THE REVISED CODE. IF THE 1,960
COURT AT THE ADJUDICATORY HEARING FINDS BEYOND A REASONABLE DOUBT 1,961
THAT THE CHILD IS A DELINQUENT CHILD FOR BEING A CHRONIC TRUANT
OR FOR BEING AN HABITUAL TRUANT WHO PREVIOUSLY HAS BEEN 1,962
ADJUDICATED AN UNRULY CHILD FOR BEING AN HABITUAL TRUANT, OR THAT 1,963
THE CHILD IS A DELINQUENT CHILD FOR EITHER OF THOSE REASONS AND 1,964
THE PARENT, GUARDIAN, OR OTHER PERSON HAVING CARE OF THE CHILD 1,965
HAS FAILED TO CAUSE THE CHILD'S ATTENDANCE AT SCHOOL IN VIOLATION 1,966
OF SECTION 3321.38 OF THE REVISED CODE, THE COURT SHALL PROCEED 1,967
TO HOLD A HEARING TO HEAR THE EVIDENCE AS TO THE PROPER 1,969
DISPOSITION TO BE MADE IN REGARD TO THE CHILD UNDER DIVISION 1,971
(A)(23)(a) OF SECTION 2151.355 OF THE REVISED CODE AND THE PROPER 1,973
ACTION TO TAKE IN REGARD TO THE PARENT, GUARDIAN, OR OTHER PERSON 1,974
HAVING CARE OF THE CHILD UNDER DIVISION (A)(23)(b) OF SECTION 1,975
2151.355 OF THE REVISED CODE. 1,976
IF the court does not find the child to be an abused, 1,979
neglected, dependent, delinquent, or unruly child or a juvenile 1,980
traffic offender, it shall order that the complaint be dismissed 1,981
and that the child be discharged from any detention or 1,982
restriction theretofore ordered. 1,983
(2) A record of all testimony and other oral proceedings 1,985
47
in juvenile court shall be made in all proceedings that are held 1,986
pursuant to section 2151.414 of the Revised Code or in which an 1,987
order of disposition may be made pursuant to division (A)(4) of 1,988
section 2151.353 of the Revised Code, and shall be made upon 1,989
request in any other proceedings. The record OF TESTIMONY AND 1,990
ORAL PROCEEDINGS shall be made as provided in section 2301.20 of 1,992
the Revised Code. IN ALL CASES IN WHICH A RECORD OF TESTIMONY 1,993
AND OTHER ORAL PROCEEDINGS IS NOT REQUIRED UNDER THIS DIVISION, 1,994
THE COURT SHALL MAKE AND RETAIN A SUMMARY OF ALL HEARINGS AND
PROCEEDINGS. 1,995
(B)(1) If the court at an adjudicatory hearing determines 1,997
that a child is an abused, neglected, or dependent child, the 1,998
court shall not issue a dispositional order until after the court 1,999
holds a separate dispositional hearing. The court may hold the 2,000
dispositional hearing for an adjudicated abused, neglected, or 2,002
dependent child immediately after the adjudicatory hearing if all 2,004
parties were served prior to the adjudicatory hearing with all 2,005
documents required for the dispositional hearing. The 2,006
dispositional hearing may not be held more than thirty days after 2,007
the adjudicatory hearing is held. The court, upon the request of 2,008
any party or the guardian ad litem of the child, may continue a 2,009
dispositional hearing for a reasonable time not to exceed the 2,010
time limits set forth in this division to enable a party to 2,011
obtain or consult counsel. The dispositional hearing shall not 2,012
be held more than ninety days after the date on which the 2,013
complaint in the case was filed. 2,014
If the dispositional hearing is not held within the period 2,016
of time required by this division, the court, on its own motion 2,017
or the motion of any party or the guardian ad litem of the child, 2,018
shall dismiss the complaint without prejudice. 2,019
(2) The dispositional hearing shall be conducted in 2,021
accordance with all of the following: 2,022
(a) The judge or referee who presided at the adjudicatory 2,024
hearing shall preside, if possible, at the dispositional hearing; 2,025
48
(b) The court may admit any evidence that is material and 2,027
relevant, including, but not limited to, hearsay, opinion, and 2,028
documentary evidence; 2,029
(c) Medical examiners and each investigator who prepared a 2,031
social history shall not be cross-examined, except upon consent 2,032
of the parties, for good cause shown, or as the court in its 2,033
discretion may direct. Any party may offer evidence 2,034
supplementing, explaining, or disputing any information contained 2,035
in the social history or other reports that may be used by the 2,036
court in determining disposition. 2,037
(3) After the conclusion of the dispositional hearing, the 2,039
court shall enter an appropriate judgment within seven days and 2,040
shall schedule the date for the hearing to be held pursuant to 2,041
section 2151.415 of the Revised Code. The court may make any 2,042
order of disposition that is set forth in section 2151.353 of the 2,043
Revised Code. A copy of the judgment shall be given to each 2,044
party and to the child's guardian ad litem. If the judgment is 2,045
conditional, the order shall state the conditions of the 2,046
judgment. If the child is not returned to the child's own home, 2,048
the court shall determine which school district shall bear the 2,049
cost of the child's education and shall comply with section 2,051
2151.36 of the Revised Code.
(4) As part of its dispositional order, the court may 2,053
issue any order described in division (B) of section 2151.33 of 2,054
the Revised Code. 2,055
(C) The court shall give all parties to the action and the 2,057
child's guardian ad litem notice of the adjudicatory and 2,058
dispositional hearings in accordance with the Juvenile Rules. 2,059
(D) If the court issues an order pursuant to division 2,061
(A)(4) of section 2151.353 of the Revised Code committing a child 2,062
to the permanent custody of a public children services agency or 2,063
a private child placing agency, the parents of the child whose 2,064
parental rights were terminated cease to be parties to the action 2,065
upon the issuance of the order. This division is not intended to 2,066
49
eliminate or restrict any right of the parents to appeal the 2,067
permanent custody order issued pursuant to division (A)(4) of 2,068
section 2151.353 of the Revised Code. 2,069
(E) Each juvenile court shall schedule its hearings in 2,071
accordance with the time requirements of this chapter. 2,072
(F) In cases regarding abused, neglected, or dependent 2,074
children, the court may admit any statement of a child that the 2,075
court determines to be excluded by the hearsay rule if the 2,076
proponent of the statement informs the adverse party of the 2,077
proponent's intention to offer the statement and of the 2,079
particulars of the statement, including the name of the 2,080
declarant, sufficiently in advance of the hearing to provide the 2,081
party with a fair opportunity to prepare to challenge, respond 2,082
to, or defend against the statement, and the court determines all 2,083
of the following: 2,084
(1) The statement has circumstantial guarantees of 2,086
trustworthiness; 2,087
(2) The statement is offered as evidence of a material 2,089
fact; 2,090
(3) The statement is more probative on the point for which 2,092
it is offered than any other evidence that the proponent can 2,093
procure through reasonable efforts; 2,094
(4) The general purposes of the evidence rules and the 2,096
interests of justice will best be served by the admission of the 2,097
statement into evidence. 2,098
(G) If a child is alleged to be an abused child, the court 2,100
may order that the testimony of the child be taken by deposition. 2,101
On motion of the prosecuting attorney, guardian ad litem, or any 2,102
party, or in its own discretion, the court may order that the 2,103
deposition be videotaped. Any deposition taken under this 2,104
division shall be taken with a judge or referee present. 2,105
If a deposition taken under this division is intended to be 2,107
offered as evidence at the hearing, it shall be filed with the 2,108
court. Part or all of the deposition is admissible in evidence 2,109
50
if counsel for all parties had an opportunity and similar motive 2,110
at the time of the taking of the deposition to develop the 2,111
testimony by direct, cross, or redirect examination and the judge 2,112
determines that there is reasonable cause to believe that if the 2,113
child were to testify in person at the hearing, the child would 2,114
experience emotional trauma as a result of participating at the 2,117
hearing.
Sec. 2151.354. (A) If the child is adjudicated an unruly 2,126
child, the court may: 2,127
(1) Make any of the dispositions authorized under section 2,129
2151.353 of the Revised Code; 2,130
(2) Place the child on probation under any conditions that 2,132
the court prescribes; 2,133
(3) Suspend or revoke the driver's license, probationary 2,135
driver's license, or temporary instruction permit issued to the 2,136
child and suspend or revoke the registration of all motor 2,137
vehicles registered in the name of the child. A child whose 2,139
license or permit is so suspended or revoked is ineligible for 2,140
issuance of a license or permit during the period of suspension 2,141
or revocation. At the end of the period of suspension or
revocation, the child shall not be reissued a license or permit 2,142
until the child has paid any applicable reinstatement fee and 2,143
complied with all requirements governing license reinstatement. 2,144
(4) Commit the child to the temporary or permanent custody 2,146
of the court;
(5) If, after making a disposition under division (A)(1), 2,148
(2), or (3) of this section, the court finds upon further hearing 2,149
that the child is not amenable to treatment or rehabilitation 2,150
under that disposition, make a disposition otherwise authorized 2,151
under divisions (A)(1), (2), and (A)(7)(8) to (11)(12) of section 2,153
2151.355 of the Revised Code, except that the child may not be 2,154
committed to or placed in a secure correctional facility, and 2,155
commitment to or placement in a detention home may not exceed 2,156
twenty-four hours unless authorized by division (C)(3) of section 2,157
51
2151.312 or sections 2151.56 to 2151.61 of the Revised Code. 2,158
(B) If a child is adjudicated an unruly child for 2,160
committing any act that, if committed by an adult, would be a 2,161
drug abuse offense, as defined in section 2925.01 of the Revised 2,162
Code, or a violation of division (B) of section 2917.11 of the 2,163
Revised Code, then, in addition to imposing, in its discretion, 2,164
any other order of disposition authorized by this section, the 2,165
court shall do both of the following: 2,166
(1) Require the child to participate in a drug abuse or 2,168
alcohol abuse counseling program; 2,169
(2) Suspend or revoke the temporary instruction permit, 2,171
probationary driver's license, or driver's license issued to the 2,173
child for a period of time prescribed by the court or, at the 2,174
discretion of the court, until the child attends and 2,175
satisfactorily completes a drug abuse or alcohol abuse education, 2,176
intervention, or treatment program specified by the court. 2,177
During the time the child is attending the program, the court 2,178
shall retain any temporary instruction permit, probationary 2,179
driver's license, or driver's license issued to the child and 2,180
shall return the permit or license when the child satisfactorily 2,181
completes the program. 2,182
(C)(1) IF A CHILD IS ADJUDICATED AN UNRULY CHILD FOR BEING 2,184
AN HABITUAL TRUANT, IN ADDITION TO OR IN LIEU OF IMPOSING ANY 2,186
OTHER ORDER OF DISPOSITION AUTHORIZED BY THIS SECTION, THE COURT 2,187
MAY DO ANY OF THE FOLLOWING: 2,188
(a) ORDER THE BOARD OF EDUCATION OF THE CHILD'S SCHOOL 2,190
DISTRICT OR THE GOVERNING BOARD OF THE EDUCATIONAL SERVICE CENTER 2,191
IN THE CHILD'S SCHOOL DISTRICT TO REQUIRE THE CHILD TO ATTEND AN 2,192
ALTERNATIVE SCHOOL IF AN ALTERNATIVE SCHOOL HAS BEEN ESTABLISHED 2,193
PURSUANT TO SECTION 3313.533 OF THE REVISED CODE IN THE SCHOOL 2,194
DISTRICT IN WHICH THE CHILD IS ENTITLED TO ATTEND SCHOOL; 2,196
(b) REQUIRE THE CHILD TO PARTICIPATE IN ANY ACADEMIC 2,198
PROGRAM OR COMMUNITY SERVICE PROGRAM; 2,199
(c) REQUIRE THE CHILD TO PARTICIPATE IN A DRUG ABUSE OR 2,201
52
ALCOHOL ABUSE COUNSELING PROGRAM; 2,202
(d) REQUIRE THAT THE CHILD RECEIVE APPROPRIATE MEDICAL OR 2,204
PSYCHOLOGICAL TREATMENT OR COUNSELING; 2,205
(e) MAKE ANY OTHER ORDER THAT THE COURT FINDS PROPER TO 2,207
ADDRESS THE CHILD'S HABITUAL TRUANCY. 2,208
(2) IF A CHILD IS ADJUDICATED AN UNRULY CHILD FOR BEING AN 2,211
HABITUAL TRUANT AND THE COURT DETERMINES THAT THE PARENT, 2,212
GUARDIAN, OR OTHER PERSON HAVING CARE OF THE CHILD HAS FAILED TO 2,213
CAUSE THE CHILD'S ATTENDANCE AT SCHOOL IN VIOLATION OF SECTION 2,214
3321.38 OF THE REVISED CODE, IN ADDITION TO ANY ORDER OF 2,217
DISPOSITION AUTHORIZED BY THIS SECTION, BOTH OF THE FOLLOWING 2,218
APPLY:
(a) THE COURT MAY REQUIRE THE PARENT, GUARDIAN, OR OTHER 2,220
PERSON HAVING CARE OF THE CHILD TO PARTICIPATE IN ANY COMMUNITY 2,222
SERVICE PROGRAM, PREFERABLY A COMMUNITY SERVICE PROGRAM THAT 2,223
REQUIRES THE INVOLVEMENT OF THE PARENT, GUARDIAN, OR OTHER PERSON 2,225
HAVING CARE OF THE CHILD IN THE SCHOOL ATTENDED BY THE CHILD. 2,226
(b) THE COURT SHALL WARN THE PARENT, GUARDIAN, OR OTHER 2,228
PERSON HAVING CARE OF THE CHILD THAT ANY SUBSEQUENT ADJUDICATION 2,229
OF THE CHILD AS AN UNRULY OR DELINQUENT CHILD FOR BEING AN 2,230
HABITUAL OR CHRONIC TRUANT MAY RESULT IN A CRIMINAL CHARGE 2,231
AGAINST THE PARENT, GUARDIAN, OR OTHER PERSON HAVING CARE OF THE 2,232
CHILD FOR A VIOLATION OF DIVISION (C) OF SECTION 2919.21 OR 2,233
SECTION 2919.24 OF THE REVISED CODE. 2,234
Sec. 2151.355. (A) If a child is adjudicated a delinquent 2,243
child, the court may make any of the following orders of 2,245
disposition:
(1) Any order that is authorized by section 2151.353 of 2,247
the Revised Code; 2,248
(2) Place the child on probation under any conditions that 2,250
the court prescribes. If the child is adjudicated a delinquent 2,251
child for violating section 2909.05, 2909.06, or 2909.07 of the 2,253
Revised Code and if restitution is appropriate under the
circumstances of the case, the court shall require the child to 2,254
53
make restitution for the property damage caused by the child's 2,255
violation as a condition of the child's probation. If the child 2,257
is adjudicated a delinquent child because the child violated any 2,258
other section of the Revised Code, the court may require the 2,259
child as a condition of the child's probation to make restitution 2,260
for the property damage caused by the child's violation and for 2,261
the value of the property that was the subject of the violation 2,262
the child committed if it would be a theft offense, as defined in 2,263
division (K) of section 2913.01 of the Revised Code, if committed 2,264
by an adult. The restitution may be in the form of a cash 2,265
reimbursement paid in a lump sum or in installments, the 2,266
performance of repair work to restore any damaged property to its 2,267
original condition, the performance of a reasonable amount of 2,268
labor for the victim approximately equal to the value of the 2,269
property damage caused by the child's violation or to the value 2,270
of the property that is the subject of the violation if it would 2,271
be a theft offense if committed by an adult, the performance of 2,272
community service or community work, any other form of 2,273
restitution devised by the court, or any combination of the 2,274
previously described forms of restitution.
If the child is adjudicated a delinquent child for 2,276
violating a law of this state or the United States, or an 2,277
ordinance or regulation of a political subdivision of this state, 2,278
that would be a crime if committed by an adult or for violating 2,280
division (A) of section 2923.211 of the Revised Code, the court,
in addition to all other required or permissive conditions of 2,282
probation that the court imposes upon the delinquent child 2,284
pursuant to division (A)(2) of this section, shall require the 2,285
child as a condition of the child's probation to abide by the law 2,286
during the period of probation, including, but not limited to, 2,287
complying with the provisions of Chapter 2923. of the Revised 2,288
Code relating to the possession, sale, furnishing, transfer, 2,289
disposition, purchase, acquisition, carrying, conveying, or use 2,290
of, or other conduct involving, a firearm or dangerous ordnance, 2,291
54
as defined in section 2923.11 of the Revised Code. 2,292
(3) Commit the child to the temporary custody of any 2,294
school, camp, institution, or other facility operated for the 2,296
care of delinquent children by the county, by a district 2,297
organized under section 2151.34 or 2151.65 of the Revised Code, 2,298
or by a private agency or organization, within or without the 2,299
state, that is authorized and qualified to provide the care, 2,300
treatment, or placement required;
(4) If the child is adjudicated a delinquent child for 2,302
committing an act that would be a felony of the third, fourth, or 2,303
fifth degree if committed by an adult or for violating division 2,305
(A) of section 2923.211 of the Revised Code, commit the child to 2,306
the legal custody of the department of youth services for 2,307
institutionalization for an indefinite term consisting of a 2,308
minimum period of six months and a maximum period not to exceed 2,309
the child's attainment of twenty-one years of age; 2,310
(5)(a) If the child is adjudicated a delinquent child for 2,312
violating section 2903.03, 2905.01, 2909.02, or 2911.01 or 2,313
division (A) of section 2903.04 of the Revised Code or for 2,314
violating any provision of section 2907.02 of the Revised Code 2,315
other than division (A)(1)(b) of that section when the sexual 2,317
conduct or insertion involved was consensual and when the victim
of the violation of division (A)(1)(b) of that section was older 2,319
than the delinquent child, was the same age as the delinquent 2,320
child, or was less than three years younger than the delinquent 2,321
child, commit the child to the legal custody of the department of 2,322
youth services for institutionalization in a secure facility for 2,323
an indefinite term consisting of a minimum period of one to three 2,324
years, as prescribed by the court, and a maximum period not to 2,325
exceed the child's attainment of twenty-one years of age; 2,326
(b) If the child is adjudicated a delinquent child for 2,329
violating section 2923.02 of the Revised Code and if the 2,330
violation involves an attempt to commit a violation of section
2903.01 or 2903.02 of the Revised Code, commit the child to the 2,332
55
legal custody of the department of youth services for
institutionalization in a secure facility for an indefinite term 2,333
consisting of a minimum period of six to seven years, as 2,334
prescribed by the court, and a maximum period not to exceed the 2,335
child's attainment of twenty-one years of age;
(c) If the child is adjudicated a delinquent child for 2,337
committing an act that is not described in division (A)(5)(a) or 2,338
(b) of this section and that would be a felony of the first or 2,339
second degree if committed by an adult, commit the child to the 2,340
legal custody of the department of youth services for 2,341
institutionalization in a secure facility for an indefinite term 2,342
consisting of a minimum period of one year and a maximum period 2,343
not to exceed the child's attainment of twenty-one years of age. 2,344
(6) If the child is adjudicated a delinquent child for 2,346
committing a violation of section 2903.01 or 2903.02 of the 2,347
Revised Code, commit the child to the legal custody of the 2,349
department of youth services for institutionalization in a secure 2,350
facility until the child's attainment of twenty-one years of age; 2,351
(7)(a) If the child is adjudicated a delinquent child for 2,354
committing an act, other than a violation of section 2923.12 of 2,355
the Revised Code, that would be a felony if committed by an adult 2,356
and is committed to the legal custody of the department of youth 2,357
services pursuant to division (A)(4), (5), or (6) of this section 2,358
and if the court determines that the child, if the child was an 2,359
adult, would be guilty of a specification of the type set forth 2,360
in section 2941.141, 2941.144, 2941.145, or 2941.146 of the 2,361
Revised Code in relation to the act for which the child was 2,362
adjudicated a delinquent child, commit the child to the legal 2,363
custody of the department of youth services for
institutionalization in a secure facility for the following 2,364
period of time, subject to division (A)(7)(c) of this section: 2,365
(i) If the child would be guilty of a specification of the 2,367
type set forth in section 2941.141 of the Revised Code, a period 2,368
of one year; 2,369
56
(ii) If the child would be guilty of a specification of 2,371
the type set forth in section 2941.144, 2941.145, or 2941.146 of 2,372
the Revised Code, a period of three years. 2,373
(b) If the child is adjudicated a delinquent child for 2,375
committing a category one offense or a category two offense and 2,376
is committed to the legal custody of the department of youth 2,377
services pursuant to division (A)(5) or (6) of this section and 2,378
if the court determines that the child, if the child was an 2,379
adult, would be guilty of a specification of the type set forth 2,380
in section 2941.142 of the Revised Code in relation to the act 2,381
for which the child was adjudicated a delinquent child, the court 2,382
shall commit the child to the legal custody of the department of 2,384
youth services for institutionalization in a secure facility for
a period of not less than one year or more than three years, 2,385
subject to division (A)(7)(c) of this section. 2,386
(c) The court shall not commit a child to the legal 2,389
custody of the department of youth services pursuant to division 2,390
(A)(7)(a) or (b) of this section for a period of time that 2,391
exceeds three years. The period of commitment imposed pursuant 2,392
to division (A)(7)(a) or (b) of this section shall be in addition 2,393
to, and shall be served consecutively with and prior to, a period 2,394
of commitment ordered pursuant to division (A)(4), (5), or (6) of 2,395
this section, provided that the total of all the periods of 2,396
commitment shall not exceed the child's attainment of twenty-one 2,397
years of age.
(8)(a) Impose a fine and costs in accordance with the 2,400
schedule set forth in section 2151.3512 of the Revised Code;
(b)(9) Require the child to make restitution for all or 2,402
part of the property damage caused by the child's delinquent act 2,403
and for all or part of the value of the property that was the 2,404
subject of any delinquent act the child committed that would be a 2,405
theft offense, as defined in division (K) of section 2913.01 of 2,406
the Revised Code, if committed by an adult. If the court 2,407
determines that the victim of the child's delinquent act was 2,408
57
sixty-five years of age or older or permanently and totally 2,409
disabled at the time of the commission of the act, the court, 2,410
regardless of whether or not the child knew the age of the 2,411
victim, shall consider that fact in favor of imposing 2,412
restitution, but that fact shall not control the decision of the 2,413
court. The restitution may be in the form of a cash 2,414
reimbursement paid in a lump sum or in installments, the 2,415
performance of repair work to restore any damaged property to its 2,416
original condition, the performance of a reasonable amount of 2,417
labor for the victim, the performance of community service or 2,418
community work, any other form of restitution devised by the 2,419
court, or any combination of the previously described forms of 2,420
restitution.
(9)(10) Subject to division (D) of this section, suspend 2,423
or revoke the driver's license, probationary driver's license, or 2,424
temporary instruction permit issued to the child or suspend or 2,425
revoke the registration of all motor vehicles registered in the 2,426
name of the child. A child whose license or permit is so 2,427
suspended or revoked is ineligible for issuance of a license or 2,428
permit during the period of suspension or revocation. At the end 2,429
of the period of suspension or revocation, the child shall not be 2,430
reissued a license or permit until the child has paid any 2,431
applicable reinstatement fee and complied with all requirements 2,432
governing license reinstatement.
(10)(11) If the child is adjudicated a delinquent child 2,434
for committing an act that, if committed by an adult, would be a 2,436
criminal offense that would qualify the adult as an eligible
offender pursuant to division (A)(3) of section 2929.23 of the 2,437
Revised Code, impose a period of electronically monitored house 2,438
detention in accordance with division (I)(J) of this section that 2,440
does not exceed the maximum sentence of imprisonment that could 2,441
be imposed upon an adult who commits the same act; 2,442
(11)(12) Impose a period of day reporting in which the 2,444
child is required each day to report to and leave a center or 2,446
58
other approved reporting location at specified times in order to 2,447
participate in work, education or training, treatment, and other 2,448
approved programs at the center or outside the center; 2,449
(12)(13) Impose a period of electronically monitored house 2,451
arrest in accordance with division (I)(J) of this section; 2,453
(13)(14) Impose a period of community service of up to 2,455
five hundred hours; 2,456
(14)(15) Impose a period in an alcohol or drug treatment 2,458
program with a level of security for the child as determined 2,459
necessary by the court; 2,460
(15)(16) Impose a period of intensive supervision, in 2,462
which the child is required to maintain frequent contact with a 2,464
person appointed by the court to supervise the child while the 2,465
child is seeking or maintaining employment and participating in 2,466
training, education, and treatment programs as the order of 2,467
disposition; 2,468
(16)(17) Impose a period of basic supervision, in which 2,470
the child is required to maintain contact with a person appointed 2,471
to supervise the child in accordance with sanctions imposed by 2,472
the court; 2,473
(17)(18) Impose a period of drug and alcohol use 2,475
monitoring; 2,476
(18)(19) Impose a period in which the court orders the 2,478
child to observe a curfew that may involve daytime or evening 2,479
hours; 2,480
(19)(20) Require the child to obtain a high school 2,483
diploma, a certificate of high school equivalence, or employment; 2,484
(20)(21) If the court obtains the assent of the victim of 2,487
the criminal act committed by the child, require the child to 2,488
participate in a reconciliation or mediation program that 2,489
includes a meeting in which the child and the victim may discuss 2,490
the criminal act, discuss restitution, and consider other 2,491
sanctions for the criminal act;
(21)(22) Commit the child to the temporary or permanent 2,493
59
custody of the court; 2,494
(22)(23)(a) IF A CHILD IS ADJUDICATED A DELINQUENT CHILD 2,496
FOR BEING A CHRONIC TRUANT OR AN HABITUAL TRUANT WHO PREVIOUSLY 2,498
HAS BEEN ADJUDICATED AN UNRULY CHILD FOR BEING AN HABITUAL 2,499
TRUANT, MAKE ANY ORDER OF DISPOSITION AS AUTHORIZED BY THIS 2,500
SECTION;
(b) IF A CHILD IS ADJUDICATED A DELINQUENT CHILD FOR BEING 2,502
A CHRONIC TRUANT OR AN HABITUAL TRUANT WHO PREVIOUSLY HAS BEEN 2,504
ADJUDICATED AN UNRULY CHILD FOR BEING AN HABITUAL TRUANT AND THE 2,506
COURT DETERMINES THAT THE PARENT, GUARDIAN, OR OTHER PERSON 2,507
HAVING CARE OF THE CHILD HAS FAILED TO CAUSE THE CHILD'S 2,508
ATTENDANCE AT SCHOOL IN VIOLATION OF SECTION 3321.38 OF THE 2,509
REVISED CODE, REQUIRE THE PARENT, GUARDIAN, OR OTHER PERSON 2,510
HAVING CARE OF THE CHILD TO PARTICIPATE IN ANY COMMUNITY SERVICE 2,511
PROGRAM, PREFERABLY A COMMUNITY SERVICE PROGRAM THAT REQUIRES THE 2,512
INVOLVEMENT OF THE PARENT, GUARDIAN, OR OTHER PERSON HAVING CARE 2,513
OF THE CHILD IN THE SCHOOL ATTENDED BY THE CHILD. 2,514
(24) Make any further disposition that the court finds 2,516
proper, except that the child shall not be placed in any state 2,518
correctional institution, county, multicounty, or municipal jail 2,519
or workhouse, or other place in which an adult convicted of a 2,521
crime, under arrest, or charged with a crime is held.
(B)(1) If a child is adjudicated a delinquent child for 2,524
violating section 2923.32 of the Revised Code, the court, in 2,525
addition to any order of disposition it makes for the child under 2,526
division (A) of this section, shall enter an order of criminal 2,527
forfeiture against the child in accordance with divisions (B)(3), 2,528
(4), (5), and (6) and (C) to (F) of section 2923.32 of the 2,529
Revised Code.
(2) IF A CHILD IS ADJUDICATED A DELINQUENT CHILD FOR BEING 2,531
A CHRONIC TRUANT OR AN HABITUAL TRUANT WHO PREVIOUSLY HAS BEEN 2,533
ADJUDICATED AN UNRULY CHILD FOR BEING AN HABITUAL TRUANT AND THE 2,535
COURT DETERMINES THAT THE PARENT, GUARDIAN, OR OTHER PERSON 2,536
HAVING CARE OF THE CHILD HAS FAILED TO CAUSE THE CHILD'S 2,537
60
ATTENDANCE AT SCHOOL IN VIOLATION OF SECTION 3321.38 OF THE 2,538
REVISED CODE, IN ADDITION TO ANY ORDER OF DISPOSITION IT MAKES 2,539
UNDER THIS SECTION, THE COURT SHALL WARN THE PARENT, GUARDIAN, OR 2,540
OTHER PERSON HAVING CARE OF THE CHILD THAT ANY SUBSEQUENT 2,541
ADJUDICATION OF THE CHILD AS AN UNRULY OR DELINQUENT CHILD FOR 2,542
BEING AN HABITUAL OR CHRONIC TRUANT MAY RESULT IN A CRIMINAL 2,543
CHARGE AGAINST THE PARENT, GUARDIAN, OR OTHER PERSON HAVING CARE 2,544
OF THE CHILD FOR A VIOLATION OF DIVISION (C) OF SECTION 2919.21 2,545
OR SECTION 2919.24 OF THE REVISED CODE. 2,546
(3) If a child is adjudicated a delinquent child for 2,549
committing two or more acts that would be felonies if committed
by an adult and if the court entering the delinquent child 2,550
adjudication orders the commitment of the child, for two or more 2,551
of those acts, to the legal custody of the department of youth 2,552
services for institutionalization or institutionalization in a 2,553
secure facility pursuant to division (A)(4), (5), or (6) of this 2,554
section, the court may order that all of the periods of 2,555
commitment imposed under those divisions for those acts be served 2,557
consecutively in the legal custody of the department of youth 2,558
services and, if applicable, be in addition to and commence 2,559
immediately following the expiration of a period of commitment 2,560
that the court imposes pursuant to division (A)(7) of this 2,561
section. A court shall not commit a delinquent child to the 2,562
legal custody of the department of youth services under division 2,563
(B)(2) of this section for a period that exceeds the child's 2,564
attainment of twenty-one years of age.
(C) If a child is adjudicated a delinquent child for 2,566
committing an act that, if committed by an adult, would be a drug 2,568
abuse offense, as defined in section 2925.01 of the Revised Code, 2,569
or for violating division (B) of section 2917.11 of the Revised 2,570
Code, in addition to imposing in its discretion any other order 2,571
of disposition authorized by this section, the court shall do 2,572
both of the following:
(1) Require the child to participate in a drug abuse or 2,574
61
alcohol abuse counseling program; 2,575
(2) Suspend or revoke the temporary instruction permit, 2,577
probationary driver's license, or driver's license issued to the 2,579
child for a period of time prescribed by the court or, at the 2,580
discretion of the court, until the child attends and 2,581
satisfactorily completes, a drug abuse or alcohol abuse 2,583
education, intervention, or treatment program specified by the 2,584
court. During the time the child is attending the program, the 2,585
court shall retain any temporary instruction permit, probationary 2,586
driver's license, or driver's license issued to the child, and 2,587
the court shall return the permit or license when the child 2,588
satisfactorily completes the program. 2,589
(D) If a child is adjudicated a delinquent child for 2,592
violating section 2923.122 of the Revised Code, the court, in
addition to any order of disposition it makes for the child under 2,594
division (A), (B), or (C) of this section, shall revoke the 2,596
temporary instruction permit and deny the child the issuance of 2,597
another temporary instruction permit in accordance with division 2,598
(F)(1)(b) of section 2923.122 of the Revised Code or shall 2,599
suspend the probationary driver's license, restricted license, or 2,600
nonresident operating privilege of the child or deny the child 2,601
the issuance of a probationary driver's license, restricted 2,602
license, or temporary instruction permit in accordance with 2,603
division (F)(1)(a), (c), (d), or (e) of section 2923.122 of the 2,604
Revised Code. 2,605
(E)(1) At the dispositional hearing and prior to making 2,607
any disposition pursuant to division (A) of this section, the 2,608
court shall determine whether a victim of the delinquent act 2,609
committed by the child was five years of age or younger at the 2,610
time the delinquent act was committed, whether a victim of the 2,611
delinquent act sustained physical harm to the victim's person 2,612
during the commission of or otherwise as a result of the 2,613
delinquent act, whether a victim of the delinquent act was 2,614
sixty-five years of age or older or permanently and totally 2,615
62
disabled at the time the delinquent act was committed, and 2,616
whether the delinquent act would have been an offense of violence 2,617
if committed by an adult. If the victim was five years of age or 2,618
younger at the time the delinquent act was committed, sustained 2,619
physical harm to the victim's person during the commission of or
otherwise as a result of the delinquent act, or was sixty-five 2,620
years of age or older or permanently and totally disabled at the 2,622
time the act was committed, regardless of whether the child knew 2,623
the age of the victim, and if the act would have been an offense 2,624
of violence if committed by an adult, the court shall consider 2,625
those facts in favor of imposing commitment under division 2,626
(A)(3), (4), (5), or (6) of this section, but those facts shall 2,627
not control the court's decision.
(2) At the dispositional hearing and prior to making any 2,629
disposition pursuant to division (A)(4), (5), or (6) of this 2,630
section, the court shall determine whether the delinquent child 2,631
previously has been adjudicated a delinquent child for a 2,632
violation of a law or ordinance. If the delinquent child 2,633
previously has been adjudicated a delinquent child for a 2,634
violation of a law or ordinance, the court, for purposes of
entering an order of disposition for the delinquent child under 2,635
this section, shall consider the previous delinquent child 2,637
adjudication as a conviction of a violation of the law or 2,638
ordinance in determining the degree of offense the current
delinquent act would be had it been committed by an adult. 2,639
(F)(1) When a juvenile court commits a delinquent child to 2,641
the custody of the department of youth services pursuant to this 2,642
section, the court shall not designate the specific institution 2,643
in which the department is to place the child but instead shall 2,645
specify that the child is to be institutionalized or that the 2,646
institutionalization is to be in a secure facility if that is
required by division (A) of this section. 2,647
(2) When a juvenile court commits a delinquent child to 2,649
the custody of the department of youth services, the court shall 2,650
63
provide the department with the child's medical records, a copy 2,651
of the report of any mental examination of the child ordered by 2,653
the court, the section or sections of the Revised Code violated 2,654
by the child and the degree of the violation, the warrant to 2,655
convey the child to the department, a copy of the court's journal 2,656
entry ordering the commitment of the child to the legal custody 2,657
of the department, a copy of the arrest record pertaining to the 2,658
act for which the child was adjudicated a delinquent child, a 2,659
copy of any victim impact statement pertaining to the act, and 2,660
any other information concerning the child that the department 2,661
reasonably requests. The court also shall complete the form for 2,662
the standard disposition investigation report that is developed 2,664
and furnished by the department of youth services pursuant to 2,665
section 5139.04 of the Revised Code and provide the department
with the completed form. The department may refuse to accept 2,666
physical custody of a delinquent child who is committed to the 2,668
legal custody of the department until the court provides to the 2,669
department the documents specified in division (F)(2) of this 2,670
section. No officer or employee of the department who refuses to 2,671
accept physical custody of a delinquent child who is committed to 2,672
the legal custody of the department shall be subject to
prosecution or contempt of court for the refusal if the court 2,673
fails to provide the documents specified in division (F)(2) of 2,674
this section at the time the court transfers the physical custody 2,675
of the child to the department. 2,676
(3) Within twenty working days after the department of 2,678
youth services receives physical custody of a delinquent child 2,679
from a juvenile court, the court shall provide the department 2,680
with a certified copy of the child's birth certificate or the 2,682
child's social security number, or, if the court made all
reasonable efforts to obtain the information but was 2,683
unsuccessful, the court shall provide the department with 2,684
documentation of the efforts it made to obtain the information. 2,685
(4) When a juvenile court commits a delinquent child to 2,687
64
the custody of the department of youth services, the court shall 2,688
give notice to the school attended by the child of the child's 2,689
commitment by sending to that school a copy of the court's 2,690
journal entry ordering the commitment. As soon as possible after 2,691
receipt of the notice described in this division, the school 2,692
shall provide the department with the child's school transcript. 2,693
However, the department shall not refuse to accept a child 2,694
committed to it, and a child committed to it shall not be held in 2,695
a county or district detention home, because of a school's 2,696
failure to provide the school transcript that it is required to 2,697
provide under division (F)(4) of this section. 2,698
(5) The department of youth services shall provide the 2,700
court and the school with an updated copy of the child's school 2,701
transcript and shall provide the court with a summary of the 2,702
institutional record of the child when it releases the child from 2,703
institutional care. The department also shall provide the court 2,704
with a copy of any portion of the child's institutional record 2,705
that the court specifically requests within five working days of 2,706
the request.
(6) When a juvenile court commits a delinquent child to 2,708
the custody of the department of youth services pursuant to 2,709
division (A)(4) or (5) of this section, the court shall state in 2,710
the order of commitment the total number of days that the child 2,711
has been held, as of the date of the issuance of the order, in 2,712
detention in connection with the delinquent child complaint upon 2,713
which the order of commitment is based. The department shall 2,715
reduce the minimum period of institutionalization or minimum 2,716
period of institutionalization in a secure facility specified in 2,717
division (A)(4) or (5) of this section by both the total number 2,718
of days that the child has been so held in detention as stated by 2,719
the court in the order of commitment and the total number of any 2,720
additional days that the child has been held in detention 2,721
subsequent to the order of commitment but prior to the transfer 2,722
of physical custody of the child to the department.
65
(G)(1) At any hearing at which a child is adjudicated a 2,725
delinquent child or as soon as possible after the hearing, the
court shall notify all victims of the delinquent act, who may be 2,726
entitled to a recovery under any of the following sections, of 2,727
the right of the victims to recover, pursuant to section 3109.09 2,728
of the Revised Code, compensatory damages from the child's 2,729
parents; of the right of the victims to recover, pursuant to 2,730
section 3109.10 of the Revised Code, compensatory damages from 2,731
the child's parents for willful and malicious assaults committed 2,732
by the child; and of the right of the victims to recover an award 2,733
of reparations pursuant to sections 2743.51 to 2743.72 of the 2,734
Revised Code. 2,735
(2) If a child is adjudicated a delinquent child for 2,738
committing an act that, if committed by an adult, would be 2,739
aggravated murder, murder, rape, felonious sexual penetration in
violation of former section 2907.12 of the Revised Code, 2,740
involuntary manslaughter, a felony of the first or second degree 2,742
resulting in the death of or physical harm to a person, 2,743
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 2,744
or was substantially equivalent to any of those offenses and if 2,745
the court in its order of disposition for that act commits the 2,746
child to the custody of the department of youth services, the 2,747
court may make a specific finding that the adjudication should be 2,748
considered a conviction for purposes of a determination in the 2,749
future, pursuant to Chapter 2929. of the Revised Code, as to 2,750
whether the child is a repeat violent offender as defined in 2,751
section 2929.01 of the Revised Code. If the court makes a 2,752
specific finding as described in this division, it shall include 2,753
the specific finding in its order of disposition and in the 2,754
record in the case.
(H)(1) If a child is adjudicated a delinquent child for 2,756
committing an act that would be a felony or offense of violence 2,757
if committed by an adult, the court, prior to issuing an order of 2,759
66
disposition under this section, shall order the preparation of a 2,760
victim impact statement by the probation department of the county 2,761
in which the victim of the act resides, by the court's own 2,762
probation department, or by a victim assistance program that is 2,763
operated by the state, a county, a municipal corporation, or 2,764
another governmental entity. The court shall consider the victim 2,765
impact statement in determining the order of disposition to issue 2,766
for the child. 2,767
(2) Each victim impact statement shall identify the victim 2,769
of the act for which the child was adjudicated a delinquent 2,770
child, itemize any economic loss suffered by the victim as a 2,771
result of the act, identify any physical injury suffered by the 2,772
victim as a result of the act and the seriousness and permanence 2,773
of the injury, identify any change in the victim's personal 2,774
welfare or familial relationships as a result of the act and any 2,775
psychological impact experienced by the victim or the victim's 2,776
family as a result of the act, and contain any other information 2,777
related to the impact of the act upon the victim that the court 2,778
requires. 2,779
(3) A victim impact statement shall be kept confidential 2,781
and is not a public record, as defined in section 149.43 of the 2,782
Revised Code. However, the court may furnish copies of the 2,783
statement to the department of youth services pursuant to 2,784
division (F)(3) of this section or to both the adjudicated 2,785
delinquent child or the adjudicated delinquent child's counsel 2,786
and the prosecuting attorney. The copy of a victim impact 2,788
statement furnished by the court to the department pursuant to 2,789
division (F)(3) of this section shall be kept confidential and is 2,790
not a public record, as defined in section 149.43 of the Revised 2,791
Code. The copies of a victim impact statement that are made 2,792
available to the adjudicated delinquent child or the adjudicated 2,793
delinquent child's counsel and the prosecuting attorney pursuant 2,795
to division (H)(3) of this section shall be returned to the court 2,798
by the person to whom they were made available immediately 2,799
67
following the imposition of an order of disposition for the child 2,800
under this section.
(I)(1) As used in division (I)(2) of this section, "felony 2,802
drug abuse offense" has the same meaning as in section 2925.01 of 2,803
the Revised Code. 2,804
(2) Sections 2925.41 to 2925.45 of the Revised Code apply 2,806
to children who are adjudicated or could be adjudicated by a 2,807
juvenile court to be delinquent children for an act that, if 2,808
committed by an adult, would be a felony drug abuse offense. 2,809
Subject to division (B) of section 2925.42 and division (E) of 2,810
section 2925.43 of the Revised Code, a delinquent child of that 2,811
nature loses any right to the possession of, and forfeits to the 2,812
state any right, title, and interest that the delinquent child 2,813
may have in, property as defined in section 2925.41 and further 2,814
described in section 2925.42 or 2925.43 of the Revised Code. 2,815
(3)(2) Sections 2923.44 to 2923.47 of the Revised Code 2,818
apply to children who are adjudicated or could be adjudicated by
a juvenile court to be delinquent children for an act in 2,820
violation of section 2923.42 of the Revised Code. Subject to 2,821
division (B) of section 2923.44 and division (E) of section 2,822
2923.45 of the Revised Code, a delinquent child of that nature 2,823
loses any right to the possession of, and forfeits to the state 2,824
any right, title, and interest that the delinquent child may have 2,825
in, property as defined in section 2923.41 of the Revised Code 2,826
and further described in section 2923.44 or 2923.45 of the 2,827
Revised Code.
(J)(1) As used in this section: 2,829
(a) "Electronic monitoring device," "certified electronic 2,831
monitoring device," "electronic monitoring system," and 2,832
"certified electronic monitoring system" have the same meanings 2,833
as in section 2929.23 of the Revised Code. 2,834
(b) "Electronically monitored house detention" means a 2,836
period of confinement of a child in the child's home or in other 2,837
premises specified by the court, during which period of 2,839
68
confinement all of the following apply: 2,840
(i) The child wears, otherwise has attached to the child's 2,842
person, or otherwise is subject to monitoring by a certified 2,843
electronic monitoring device or is subject to monitoring by a 2,844
certified electronic monitoring system. 2,845
(ii) The child is required to remain in the child's home 2,847
or other premises specified by the court for the specified period 2,848
of confinement, except for periods of time during which the child 2,849
is at school or at other premises as authorized by the court. 2,850
(iii) The child is subject to monitoring by a central 2,852
system that monitors the certified electronic monitoring device 2,853
that is attached to the child's person or that otherwise is being 2,854
used to monitor the child and that can monitor and determine the 2,856
child's location at any time or at a designated point in time, or 2,857
the child is required to participate in monitoring by a certified 2,859
electronic monitoring system. 2,860
(iv) The child is required by the court to report 2,862
periodically to a person designated by the court. 2,863
(v) The child is subject to any other restrictions and 2,865
requirements that may be imposed by the court. 2,866
(2) A juvenile court, pursuant to division (A)(10)(11) of 2,869
this section, may impose a period of electronically monitored 2,870
house detention upon a child who is adjudicated a delinquent 2,871
child for committing an act that, if committed by an adult, would 2,872
be a criminal offense that would qualify the adult as an eligible 2,873
offender pursuant to division (A)(3) of section 2929.23 of the 2,874
Revised Code. The court may impose a period of electronically 2,875
monitored house detention in addition to or in lieu of any other 2,876
dispositional order imposed upon the child, except that any 2,877
period of electronically monitored house detention shall not 2,878
extend beyond the child's eighteenth birthday. If a court 2,879
imposes a period of electronically monitored house detention upon 2,880
a child, it shall require the child to wear, otherwise have 2,881
attached to the child's person, or otherwise be subject to 2,882
69
monitoring by a certified electronic monitoring device or to 2,884
participate in the operation of and monitoring by a certified 2,885
electronic monitoring system; to remain in the child's home or 2,886
other specified premises for the entire period of electronically 2,888
monitored house detention except when the court permits the child 2,889
to leave those premises to go to school or to other specified 2,890
premises; to be monitored by a central system that monitors the 2,891
certified electronic monitoring device that is attached to the 2,892
child's person or that otherwise is being used to monitor the 2,893
child and that can monitor and determine the child's location at 2,894
any time or at a designated point in time or to be monitored by 2,895
the certified electronic monitoring system; to report 2,896
periodically to a person designated by the court; and, in return 2,897
for receiving a dispositional order of electronically monitored 2,898
house detention, to enter into a written contract with the court 2,899
agreeing to comply with all restrictions and requirements imposed 2,900
by the court, agreeing to pay any fee imposed by the court for 2,901
the costs of the electronically monitored house detention imposed 2,902
by the court pursuant to division (E) of section 2929.23 of the 2,903
Revised Code, and agreeing to waive the right to receive credit 2,904
for any time served on electronically monitored house detention 2,905
toward the period of any other dispositional order imposed upon 2,906
the child for the act for which the dispositional order of 2,907
electronically monitored house detention was imposed if the child 2,908
violates any of the restrictions or requirements of the 2,909
dispositional order of electronically monitored house detention. 2,910
The court also may impose other reasonable restrictions and 2,911
requirements upon the child.
(3)(2) If a child violates any of the restrictions or 2,913
requirements imposed upon the child as part of the child's 2,914
dispositional order of electronically monitored house detention, 2,915
the child shall not receive credit for any time served on 2,916
electronically monitored house detention toward any other 2,917
dispositional order imposed upon the child for the act for which 2,918
70
the dispositional order of electronically monitored house 2,920
detention was imposed.
(K)(1) Within ten days after completion of the 2,922
adjudication, the court shall give written notice of an 2,923
adjudication that a child is a delinquent child to the 2,924
superintendent of a city, local, exempted village, or joint 2,925
vocational school district, AND TO THE PRINCIPAL OF THE SCHOOL 2,926
THE CHILD ATTENDS, if the basis of the adjudication was the 2,927
commission of an act that would be a criminal offense if 2,928
committed by an adult and that, IF THE ACT was committed by the 2,930
delinquent child when the child was sixteen FOURTEEN years of age 2,932
or older, and if the act is any of the following:
(1) A violation of section 2923.122 of the Revised Code 2,934
that relates to property owned or controlled by, or to an 2,935
activity held under the auspices of, the board of education of 2,936
that school district (a) AN ACT THAT WOULD BE A FELONY OR AN 2,938
OFFENSE OF VIOLENCE IF COMMITTED BY AN ADULT, AN ACT IN THE 2,939
COMMISSION OF WHICH THE CHILD USED OR BRANDISHED A FIREARM, OR AN 2,940
ACT THAT IS A VIOLATION OF SECTION 2907.04, 2907.06, 2907.07, 2,941
2907.08, 2907.09, 2907.24, OR 2907.241 OF THE REVISED CODE AND
THAT WOULD BE A MISDEMEANOR IF COMMITTED BY AN ADULT; 2,942
(2)(b) A violation of section 2923.12 of the Revised Code 2,944
or of a substantially similar municipal ordinance THAT WOULD BE A 2,946
MISDEMEANOR IF COMMITTED BY AN ADULT AND that was committed on 2,948
property owned or controlled by, or at an activity held under the
auspices of, the board of education of that school district; 2,949
(3)(c) A violation of division (A) of section 2925.03 or 2,951
2925.11 of the Revised Code THAT WOULD BE A MISDEMEANOR IF 2,953
COMMITTED BY AN ADULT, that was committed on property owned or 2,954
controlled by, or at an activity held under the auspices of, the 2,955
board of education of that school district, and that is not a 2,956
minor drug possession offense as defined in section 2925.01 of 2,958
the Revised Code;
(4) A violation of section 2903.01, 2903.02, 2903.03, 2,960
71
2903.04, 2903.11, 2903.12, 2907.02, or 2907.05 of the Revised 2,962
Code, or a violation of former section 2907.12 of the Revised
Code, that was committed on property owned or controlled by, or 2,963
at an activity held under the auspices of, the board of education 2,964
of that school district, if the victim at the time of the 2,966
commission of the act was an employee of the board of education 2,967
of that school district;
(5)(d) Complicity in any violation described in division 2,969
(K)(1), (2), (3), or (4)(a) OF THIS SECTION, OR COMPLICITY IN ANY 2,971
VIOLATION DESCRIBED IN DIVISION (K)(1)(b) OR (c) of this section 2,972
that was alleged to have been committed in the manner described 2,974
in division (K)(1), (2), (3),(b) or (4)(c) of this section, AND 2,975
regardless of whether the act of complicity was committed on 2,978
property owned or controlled by, or at an activity held under the 2,979
auspices of, the board of education of that school district. 2,980
(2) THE NOTICE GIVEN PURSUANT TO DIVISION (K)(1) OF THIS 2,982
SECTION SHALL INCLUDE THE NAME OF THE CHILD WHO WAS ADJUDICATED 2,983
TO BE A DELINQUENT CHILD, THE CHILD'S AGE AT THE TIME THE CHILD 2,984
COMMITTED THE ACT THAT WAS THE BASIS OF THE ADJUDICATION, AND 2,985
IDENTIFICATION OF THE VIOLATION OF THE LAW OR ORDINANCE THAT WAS 2,986
THE BASIS OF THE ADJUDICATION.
(L) During the period of a delinquent child's probation 2,988
granted under division (A)(2) of this section, authorized 2,991
probation officers who are engaged within the scope of their 2,992
supervisory duties or responsibilities may search, with or 2,993
without a warrant, the person of the delinquent child, the place
of residence of the delinquent child, and a motor vehicle, 2,994
another item of tangible or intangible personal property, or 2,995
other real property in which the delinquent child has a right, 2,996
title, or interest or for which the delinquent child has the 2,997
express or implied permission of a person with a right, title, or 2,998
interest to use, occupy, or possess if the probation officers 2,999
have reasonable grounds to believe that the delinquent child is 3,000
not abiding by the law or otherwise is not complying with the 3,001
72
conditions of the delinquent child's probation. The court that 3,002
places a delinquent child on probation under division (A)(2) of 3,003
this section shall provide the delinquent child with a written 3,004
notice that informs the delinquent child that authorized 3,005
probation officers who are engaged within the scope of their 3,006
supervisory duties or responsibilities may conduct those types of 3,008
searches during the period of probation if they have reasonable
grounds to believe that the delinquent child is not abiding by 3,009
the law or otherwise is not complying with the conditions of the 3,010
delinquent child's probation. The court also shall provide the 3,011
written notice described in division (C)(2)(b) of section 3,012
2151.411 of the Revised Code to each parent, guardian, or
custodian of the delinquent child who is described in division 3,013
(C)(2)(a) of that section. 3,014
(M) AS USED IN THIS SECTION: 3,016
(1) "CERTIFIED ELECTRONIC MONITORING DEVICE," "CERTIFIED 3,018
ELECTRONIC MONITORING SYSTEM," "ELECTRONIC MONITORING DEVICE," 3,019
AND "ELECTRONIC MONITORING SYSTEM" HAVE THE SAME MEANINGS AS IN 3,020
SECTION 2929.23 OF THE REVISED CODE.
(2) "ELECTRONICALLY MONITORED HOUSE DETENTION" MEANS A 3,022
PERIOD OF CONFINEMENT OF A CHILD IN THE CHILD'S HOME OR IN OTHER 3,023
PREMISES SPECIFIED BY THE COURT, DURING WHICH PERIOD OF 3,025
CONFINEMENT ALL OF THE FOLLOWING APPLY: 3,026
(a) THE CHILD WEARS, OTHERWISE HAS ATTACHED TO THE CHILD'S 3,028
PERSON, OR OTHERWISE IS SUBJECT TO MONITORING BY A CERTIFIED 3,029
ELECTRONIC MONITORING DEVICE OR IS SUBJECT TO MONITORING BY A 3,030
CERTIFIED ELECTRONIC MONITORING SYSTEM. 3,031
(b) THE CHILD IS REQUIRED TO REMAIN IN THE CHILD'S HOME OR 3,033
OTHER PREMISES SPECIFIED BY THE COURT FOR THE SPECIFIED PERIOD OF 3,034
CONFINEMENT, EXCEPT FOR PERIODS OF TIME DURING WHICH THE CHILD IS 3,035
AT SCHOOL OR AT OTHER PREMISES AS AUTHORIZED BY THE COURT. 3,036
(c) THE CHILD IS SUBJECT TO MONITORING BY A CENTRAL SYSTEM 3,039
THAT MONITORS THE CERTIFIED ELECTRONIC MONITORING DEVICE THAT IS 3,040
ATTACHED TO THE CHILD'S PERSON OR THAT OTHERWISE IS BEING USED TO 3,041
73
MONITOR THE CHILD AND THAT CAN MONITOR AND DETERMINE THE CHILD'S 3,042
LOCATION AT ANY TIME OR AT A DESIGNATED POINT IN TIME, OR THE 3,043
CHILD IS REQUIRED TO PARTICIPATE IN MONITORING BY A CERTIFIED 3,044
ELECTRONIC MONITORING SYSTEM. 3,045
(d) THE CHILD IS REQUIRED BY THE COURT TO REPORT 3,047
PERIODICALLY TO A PERSON DESIGNATED BY THE COURT. 3,048
(e) THE CHILD IS SUBJECT TO ANY OTHER RESTRICTIONS AND 3,050
REQUIREMENTS THAT MAY BE IMPOSED BY THE COURT. 3,051
(3) "FELONY DRUG ABUSE OFFENSE" AND "MINOR DRUG POSSESSION 3,053
OFFENSE" HAVE THE SAME MEANINGS AS IN SECTION 2925.01 OF THE 3,054
REVISED CODE.
(4) "FIREARM" HAS THE SAME MEANING AS IN SECTION 2923.11 3,056
OF THE REVISED CODE.
(5) "SEXUALLY ORIENTED OFFENSE" HAS THE SAME MEANING AS IN 3,058
SECTION 2950.01 OF THE REVISED CODE. 3,059
(6) "THEFT OFFENSE" HAS THE SAME MEANING AS IN SECTION 3,061
2913.01 OF THE REVISED CODE.
Sec. 2151.356. (A) Unless division (C) of this section 3,070
applies, if a child is adjudicated a juvenile traffic offender, 3,071
the court may make any of the following orders of disposition: 3,072
(1) Impose a fine and costs in accordance with the 3,074
schedule set forth in section 2151.3512 of the Revised Code; 3,075
(2) Suspend the child's driver's license, probationary 3,077
driver's license, or temporary instruction permit or the 3,079
registration of all motor vehicles registered in the name of the 3,080
child for the period that the court prescribes. A child whose 3,081
license or permit is so suspended is ineligible for issuance of a 3,082
license or permit during the period of suspension. At the end of 3,083
the period of suspension, the child shall not be reissued a 3,084
license or permit until the child has paid any applicable 3,086
reinstatement fee and complied with all requirements governing 3,087
license reinstatement.
(3) Revoke the child's driver's license, probationary 3,089
driver's license, or temporary instruction permit or the 3,090
74
registration of all motor vehicles registered in the name of the 3,092
child. A child whose license or permit is so revoked is 3,093
ineligible for issuance of a license or permit during the period 3,094
of revocation. At the end of the period of revocation, the child 3,095
shall not be reissued a license or permit until the child has 3,097
paid any applicable reinstatement fee and complied with all
requirements governing license reinstatement. 3,098
(4) Place the child on probation; 3,100
(5) Require the child to make restitution for all damages 3,102
caused by the child's traffic violation or any part of the 3,103
damages; 3,104
(6) If the child is adjudicated a juvenile traffic 3,106
offender for committing a violation of division (A) of section 3,108
4511.19 of the Revised Code or of a municipal ordinance that is 3,109
substantially comparable to that division, commit the child, for 3,110
not longer than five days, to the temporary custody of a 3,111
detention home or district detention home established under
section 2151.34 of the Revised Code, or to the temporary custody 3,112
of any school, camp, institution, or other facility for children 3,113
operated in whole or in part for the care of juvenile traffic 3,115
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 3,116
private agency or organization within the state that is 3,117
authorized and qualified to provide the care, treatment, or 3,118
placement required. If an order of disposition committing a 3,119
child to the temporary custody of a home, school, camp, 3,120
institution, or other facility of that nature is made under 3,121
division (A)(6) of this section, the length of the commitment
shall not be reduced or diminished as a credit for any time that 3,122
the child was held in a place of detention or shelter care, or 3,123
otherwise was detained, prior to entry of the order of 3,124
disposition.
(7) If, after making a disposition under divisions (A)(1) 3,126
to (6) of this section, the court finds upon further hearing that 3,127
75
the child has failed to comply with the orders of the court and 3,128
the child's operation of a motor vehicle constitutes the child a 3,130
danger to the child and to others, the court may make any 3,131
disposition authorized by divisions (A)(1), (A)(2), (A)(7)(10) to 3,132
(A)(10)(11), and (A)(21)(22) of section 2151.355 of the Revised 3,134
Code, except that the child may not be committed to or placed in 3,135
a secure correctional facility unless authorized by division 3,136
(A)(6) of this section, and commitment to or placement in a 3,137
detention home may not exceed twenty-four hours.
(B) If a child is adjudicated a juvenile traffic offender 3,139
for violating division (A) of section 4511.19 of the Revised 3,141
Code, the court shall suspend or revoke the temporary instruction 3,142
permit, probationary driver's license, or driver's license issued 3,144
to the child for a period of time prescribed by the court or, at 3,145
the discretion of the court, until the child attends and 3,146
satisfactorily completes a drug abuse or alcohol abuse education, 3,147
intervention, or treatment program specified by the court.
During the time the child is attending the program, the court 3,148
shall retain any temporary instruction permit, probationary 3,149
driver's license, or driver's license issued to the child and 3,150
shall return the permit or license when the child satisfactorily 3,152
completes the program. If a child is adjudicated a juvenile 3,153
traffic offender for violating division (B) of section 4511.19 of 3,154
the Revised Code, the court shall suspend the temporary 3,155
instruction permit, probationary driver's license, or driver's 3,156
license issued to the child for a period of not less than sixty 3,158
days nor more than two years.
(C) If a child is adjudicated a juvenile traffic offender 3,160
for violating division (B)(1) or (2) of section 4513.263 of the 3,162
Revised Code, the court shall impose the appropriate fine set
forth in section 4513.99 of the Revised Code. If a child is 3,163
adjudicated a juvenile traffic offender for violating division 3,165
(B)(3) of section 4513.263 of the Revised Code and if the child 3,167
is sixteen years of age or older, the court shall impose the fine 3,168
76
set forth in division (G) of section 4513.99 of the Revised Code. 3,169
If a child is adjudicated a juvenile traffic offender for 3,170
violating division (B)(3) of section 4513.263 of the Revised Code 3,171
and if the child is under sixteen years of age, the court shall 3,172
not impose a fine but may place the child on probation. 3,173
(D) A juvenile traffic offender is subject to sections 3,175
4509.01 to 4509.78 of the Revised Code. 3,176
Sec. 2151.358. (A) As used in this section, "seal a 3,185
record" means to remove a record from the main file of similar 3,186
records and to secure it in a separate file that contains only 3,187
sealed records and that is accessible only to the juvenile court. 3,188
A record that is sealed shall be destroyed by all persons and 3,189
governmental bodies except the juvenile court. 3,190
(B) The department of youth services and any other 3,192
institution or facility that unconditionally discharges a person 3,193
who has been adjudicated a delinquent child, an unruly child, or 3,195
a juvenile traffic offender shall immediately give notice of the 3,196
discharge to the court that committed the person. The court 3,197
shall note the date of discharge on a separate record of 3,198
discharges of those natures.
(C)(1)(a) Two years after the termination of any order 3,200
made by the court or two years after the unconditional discharge 3,201
of a person from the department of youth services or another 3,202
institution or facility to which the person may have been 3,204
committed, the court that issued the order or committed the 3,205
person shall do one WHICHEVER of the following IS APPLICABLE: 3,206
(a)(i) If the person was adjudicated an unruly child, 3,208
order the record of the person sealed; 3,209
(b)(ii) If the person was adjudicated a delinquent child 3,211
FOR COMMITTING AN ACT OTHER THAN A VIOLATION OF SECTION 2903.01, 3,213
2903.02, 2907.02, 2907.03, OR 2907.05 OF THE REVISED CODE or WAS
ADJUDICATED a juvenile traffic offender, either order the record 3,215
of the person sealed or send the person notice of the person's 3,216
right to have the that record sealed. 3,217
77
(b) DIVISION (C)(1)(a) OF THIS SECTION DOES NOT APPLY 3,220
REGARDING A PERSON WHO WAS ADJUDICATED A DELINQUENT CHILD FOR
COMMITTING A VIOLATION OF SECTION 2903.01, 2903.02, 2907.02, 3,222
2907.03, OR 2907.05 OF THE REVISED CODE.
(2) The court shall send the notice described in division 3,224
(C)(1)(b)(a)(ii) of this section within ninety days after the 3,226
expiration of the two-year period described in division (C)(1)(a)
of this section by certified mail, return receipt requested, to 3,228
the the person's last known address. The notice shall state that 3,229
the person may apply to the court for an order to seal the 3,230
person's record, explain what sealing a record means, and explain 3,231
the possible consequences of not having the person's record 3,232
sealed.
(D)(1) At any time after the two-year period described in 3,234
division (C)(1)(a) of this section has elapsed, any person who 3,236
has been adjudicated a delinquent child FOR COMMITTING AN ACT 3,237
OTHER THAN A VIOLATION OF SECTION 2903.01, 2903.02, 2907.02, 3,238
2907.03, OR 2907.05 OF THE REVISED CODE or WHO HAS BEEN
ADJUDICATED a juvenile traffic offender may apply to the court 3,240
for an order to seal the person's record. The court shall hold a 3,242
hearing on each application within sixty days after the 3,243
application is received. Notice of the hearing on the
application shall be given to the prosecuting attorney and to any 3,244
other public office or agency known to have a record of the prior 3,245
adjudication. If the court finds that the rehabilitation of the 3,246
person who was adjudicated a delinquent child or a juvenile 3,247
traffic offender has been attained to a satisfactory degree, the 3,249
court may order the record of the person sealed. 3,250
(2) DIVISION (D)(1) OF THIS SECTION DOES NOT APPLY 3,252
REGARDING A PERSON WHO WAS ADJUDICATED A DELINQUENT CHILD FOR 3,253
COMMITTING A VIOLATION OF SECTION 2903.01, 2903.02, 2907.02, 3,254
2907.03, OR 2907.05 OF THE REVISED CODE.
(E)(1) If the court orders the adjudication record of a 3,256
person sealed pursuant to division (C) or (D) of this section, 3,257
78
the court, EXCEPT AS PROVIDED IN DIVISION (K) OF THIS SECTION, 3,259
shall order that the proceedings in the case in which the person 3,260
was adjudicated a juvenile traffic offender, a delinquent child, 3,261
or an unruly child be deemed never to have occurred. All EXCEPT 3,262
AS PROVIDED IN DIVISION (G)(2) OF THIS SECTION, ALL index 3,263
references to the case and the person shall be deleted, and the 3,264
person and the court properly may reply that no record exists 3,265
with respect to the person upon any inquiry in the matter. 3,267
Inspection
(2) INSPECTION of records that have been ordered sealed 3,270
UNDER DIVISION (E)(1) OF THIS SECTION may be permitted by the 3,271
court only upon MADE ONLY BY THE FOLLOWING PERSONS OR FOR THE 3,272
FOLLOWING PURPOSES:
(a) IF THE RECORDS IN QUESTION PERTAIN TO AN ACT THAT 3,274
WOULD BE AN OFFENSE OF VIOLENCE THAT WOULD BE A FELONY IF 3,275
COMMITTED BY AN ADULT, BY ANY LAW ENFORCEMENT OFFICER OR ANY 3,276
PROSECUTOR, OR THE ASSISTANTS OF A LAW ENFORCEMENT OFFICER OR 3,277
PROSECUTOR, FOR ANY VALID LAW ENFORCEMENT OR PROSECUTORIAL 3,278
PURPOSE;
(b) UPON application by the person who is the subject of 3,281
the sealed records and only, by the persons that are named in the 3,282
that application. 3,284
(F) Any person who has been arrested and charged with 3,286
being a delinquent child or a juvenile traffic offender and who 3,287
is adjudicated not guilty of the charges in the case or has the 3,289
charges in the case dismissed may apply to the court for an 3,290
expungement of the record in the case. The application may be 3,292
filed at any time after the person is adjudicated not guilty or
the charges against the person are dismissed. The court shall 3,293
give notice to the prosecuting attorney of any hearing on the 3,294
application. The court may initiate the expungement proceedings 3,295
on its own motion. 3,296
Any person who has been arrested and charged with being an 3,298
UNRULY CHILD and who is adjudicated not guilty of the charges in 3,300
79
the case or has the charges in the case dismissed may apply to 3,301
the court for an expungement of the record in the case. The 3,302
court shall initiate the expungement proceedings on its own 3,304
motion if an application for expungement is not filed.
If the court upon receipt of an application for expungement 3,306
or upon its own motion determines that the charges against any 3,307
person in any case were dismissed or that any person was 3,308
adjudicated not guilty in any case, the court shall order that 3,309
the records of the case be expunged and that the proceedings in 3,310
the case be deemed never to have occurred. If the applicant for 3,311
the expungement order, with the written consent of the 3,312
applicant's parents or guardian if the applicant is a minor and 3,314
with the written approval of the court, waives in writing the 3,316
applicant's right to bring any civil action based on the arrest 3,318
for which the expungement order is applied, the court shall order 3,319
the appropriate persons and governmental agencies to delete all 3,320
index references to the case; destroy or delete all court records 3,321
of the case; destroy all copies of any pictures and fingerprints 3,322
taken of the person pursuant to the expunged arrest; and destroy, 3,323
erase, or delete any reference to the arrest that is maintained 3,324
by the state or any political subdivision of the state, except a 3,325
record of the arrest that is maintained for compiling statistical 3,326
data and that does not contain any reference to the person. 3,327
If the applicant for an expungement order does not waive in 3,329
writing the right to bring any civil action based on the arrest 3,330
for which the expungement order is applied, the court, in 3,331
addition to ordering the deletion, destruction, or erasure of all 3,332
index references and court records of the case and of all 3,333
references to the arrest that are maintained by the state or any 3,334
political subdivision of the state, shall order that a copy of 3,335
all records of the case, except fingerprints held by the court or 3,336
a law enforcement agency, be delivered to the court. The court 3,337
shall seal all of the records delivered to the court in a 3,338
separate file in which only sealed records are maintained. The 3,339
80
sealed records shall be kept by the court until the statute of 3,340
limitations expires for any civil action based on the arrest, any 3,341
pending litigation based on the arrest is terminated, or the 3,342
applicant files a written waiver of the right to bring a civil 3,343
action based on the arrest. After the expiration of the statute 3,344
of limitations, the termination of the pending litigation, or the 3,345
filing of the waiver, the court shall destroy the sealed records. 3,346
After the expungement order has been issued, the court 3,348
shall, and the person may properly, reply that no record of the 3,349
case with respect to the person exists. 3,350
(G)(1) The court shall send notice of the order to expunge 3,352
or seal to any public office or agency that the court has reason 3,353
to believe may have a record of the expunged or sealed record. 3,354
Except as provided in division (K) of this section, an order to 3,355
seal or expunge under this section applies to every public office 3,356
or agency that has a record of the prior adjudication or arrest, 3,357
regardless of whether it receives notice of the hearing on the 3,358
expungement or sealing of the record or a copy of the order to 3,359
expunge or seal the record. Except as provided in division (K) 3,360
of this section, upon the written request of a person whose 3,361
record has been expunged or sealed and the presentation of a copy 3,362
of the order to expunge or seal, a public office or agency shall 3,363
destroy its record of the prior adjudication or arrest, except a 3,364
record of the adjudication or arrest that is maintained for 3,365
compiling statistical data and that does not contain any 3,366
reference to the person who is the subject of the order to 3,367
expunge or seal. 3,368
(2) THE PERSON, OR THE PUBLIC OFFICE OR AGENCY, THAT 3,370
MAINTAINS SEALED RECORDS PERTAINING TO AN ADJUDICATION OF A CHILD 3,371
AS A DELINQUENT CHILD MAY MAINTAIN A MANUAL OR COMPUTERIZED INDEX 3,373
TO THE SEALED RECORDS. THE INDEX SHALL CONTAIN ONLY THE NAME OF,
AND ALPHANUMERIC IDENTIFIERS THAT RELATE TO, THE PERSONS WHO ARE 3,375
THE SUBJECT OF THE SEALED RECORDS, THE WORD "SEALED," AND THE 3,376
NAME OF THE PERSON, OR THE PUBLIC OFFICE OR AGENCY THAT HAS 3,377
81
CUSTODY OF THE SEALED RECORDS AND SHALL NOT CONTAIN THE NAME OF 3,378
THE DELINQUENT ACT COMMITTED. THE PERSON WHO HAS CUSTODY OF THE 3,379
SEALED RECORDS SHALL MAKE THE INDEX AVAILABLE ONLY FOR THE
PURPOSES SET FORTH IN DIVISIONS (E)(2) AND (H) OF THIS SECTION. 3,381
(H) The judgment rendered by the court under this chapter 3,383
shall not impose any of the civil disabilities ordinarily imposed 3,384
by conviction of a crime in that the child is not a criminal by 3,385
reason of the adjudication. No child and no CHILD shall be 3,387
charged with or convicted of a crime in any court except as 3,388
provided by this chapter. The disposition of a child under the 3,389
judgment rendered or any evidence given in court shall not 3,390
operate to disqualify a child in any future civil service 3,391
examination, appointment, or application. Evidence of a judgment 3,392
rendered and the disposition of a child under the judgment is not 3,393
admissible to impeach the credibility of the child in any action 3,395
or proceeding. Otherwise, the disposition of a child under the 3,396
judgment rendered or any evidence given in court is admissible as 3,397
evidence for or against the child in any action or proceeding in 3,398
any court in accordance with the Rules of Evidence and also may 3,399
be considered by any court as to the matter of sentence or to the 3,400
granting of probation, and a court may consider the judgment 3,401
rendered and the disposition of a child under that judgment for 3,402
purposes of determining whether the child, for a future criminal 3,403
conviction or guilty plea, is a repeat violent offender, as 3,404
defined in section 2929.01 of the Revised Code.
(I) In any application for employment, license, or other 3,406
right or privilege, any appearance as a witness, or any other 3,407
inquiry, a person may not be questioned with respect to any 3,408
arrest for which the records were expunged. If an inquiry is 3,409
made in violation of this division, the person may respond as if 3,410
the expunged arrest did not occur, and the person shall not be 3,411
subject to any adverse action because of the arrest or the 3,412
response. 3,413
(J) An officer or employee of the state or any of its 3,415
82
political subdivisions who knowingly releases, disseminates, or 3,416
makes available for any purpose involving employment, bonding, 3,417
licensing, or education to any person or to any department, 3,418
agency, or other instrumentality of the state or of any of its 3,419
political subdivisions any information or other data concerning 3,420
any arrest, complaint, trial, hearing, adjudication, or 3,421
correctional supervision, the records of which have been expunged 3,422
or sealed pursuant to this section AND THE RELEASE, 3,423
DISSEMINATION, OR MAKING AVAILABLE OF WHICH IS NOT EXPRESSLY 3,424
PERMITTED BY THIS SECTION, is guilty of divulging confidential 3,426
information, a misdemeanor of the fourth degree.
(K) Notwithstanding any provision of this section that 3,428
requires otherwise, a board of education of a city, local, 3,429
exempted village, or joint vocational school district that 3,430
maintains records of an individual who has been permanently 3,431
excluded under sections 3301.121 and 3313.662 of the Revised Code 3,432
is permitted to maintain records regarding an adjudication that 3,433
the individual is a delinquent child that was used as the basis 3,434
for the individual's permanent exclusion, regardless of a court 3,435
order to seal the record. An order issued under this section to 3,436
seal the record of an adjudication that an individual is a 3,437
delinquent child does not revoke the adjudication order of the 3,438
superintendent of public instruction to permanently exclude the 3,439
individual who is the subject of the sealing order. An order 3,440
issued under this section to seal the record of an adjudication 3,441
that an individual is a delinquent child may be presented to a 3,442
district superintendent as evidence to support the contention 3,443
that the superintendent should recommend that the permanent 3,444
exclusion of the individual who is the subject of the sealing 3,445
order be revoked. Except as otherwise authorized by this 3,446
division and sections 3301.121 and 3313.662 of the Revised Code, 3,447
any school employee in possession of or having access to the 3,448
sealed adjudication records of an individual that were the basis 3,449
of a permanent exclusion of the individual is subject to division 3,450
83
(J) of this section. 3,451
Sec. 2151.359. (A)(1) In any proceeding wherein IN WHICH 3,461
a child has been adjudged ADJUDICATED A delinquent, unruly, 3,462
abused, neglected, or dependent CHILD, on the application of a
party, or ON the court's own motion, the court may make an order 3,464
restraining or otherwise controlling the conduct of any parent, 3,465
guardian, or other custodian in the relationship of such THAT 3,466
individual to the child if the court finds that such an BOTH OF 3,467
THE FOLLOWING:
(a) AN order OF THAT NATURE is necessary to: 3,469
(A) Control CONTROL any conduct or relationship that will 3,471
be detrimental or harmful to the child; 3,472
(B) Where such. 3,474
(b) THAT conduct or relationship will tend to defeat the 3,477
execution of the order of disposition made or to be made.
Due (2) THE COURT SHALL GIVE DUE notice of the application 3,480
or motion and, the grounds therefor FOR THE APPLICATION OR 3,481
MOTION, and an opportunity to be heard shall be given to the 3,482
person against whom such AN order UNDER THIS DIVISION is 3,483
directed. 3,484
(B) THE AUTHORITY TO MAKE AN ORDER UNDER DIVISION (A) OF 3,486
THIS SECTION AND ANY ORDER MADE UNDER THAT AUTHORITY IS IN 3,488
ADDITION TO THE AUTHORITY TO MAKE AN ORDER PURSUANT TO DIVISION 3,490
(C)(2) OF SECTION 2151.354 OR DIVISION (A)(23)(b) OF SECTION 3,491
2151.355 OF THE REVISED CODE AND TO ANY ORDER MADE UNDER EITHER 3,492
DIVISION. 3,493
Sec. 2151.3512. If a child is adjudicated a delinquent 3,503
child or is adjudicated a juvenile traffic offender, the court 3,504
may make an order of disposition of the child under division 3,505
(A)(8)(a) of section 2151.355 or under division (A)(1) of section 3,506
2151.356 of the Revised Code, whichever is applicable, by 3,507
imposing a fine and costs in accordance with the following 3,508
schedule:
(A) If the child was adjudicated a delinquent child or a 3,511
84
juvenile traffic offender for committing an act that would be a 3,512
minor misdemeanor or an unclassified misdemeanor if committed by 3,513
an adult, a fine not to exceed fifty dollars and costs; 3,514
(B) If the child was adjudicated a delinquent child or a 3,517
juvenile traffic offender for committing an act that would be a 3,518
misdemeanor of the fourth degree if committed by an adult, a fine 3,519
not to exceed seventy-five dollars and costs;
(C) If the child was adjudicated a delinquent child or a 3,522
juvenile traffic offender for committing an act that would be a 3,523
misdemeanor of the third degree if committed by an adult, a fine 3,524
not to exceed one hundred twenty-five dollars and costs; 3,525
(D) If the child was adjudicated a delinquent child or a 3,528
juvenile traffic offender for committing an act that would be a 3,529
misdemeanor of the second degree if committed by an adult, a fine 3,530
not to exceed one hundred seventy-five dollars and costs; 3,531
(E) If the child was adjudicated a delinquent child or a 3,534
juvenile traffic offender for committing an act that would be a 3,535
misdemeanor of the first degree if committed by an adult, a fine 3,536
not to exceed two hundred twenty-five dollars and costs; 3,537
(F) If the child was adjudicated a delinquent child or a 3,540
juvenile traffic offender for committing an act that would be a 3,541
felony of the fifth degree or an unclassified felony if committed 3,543
by an adult, a fine not to exceed three hundred dollars and 3,544
costs;
(G) If the child was adjudicated a delinquent child or a 3,547
juvenile traffic offender for committing an act that would be a 3,548
felony of the fourth degree if committed by an adult, a fine not 3,549
to exceed four hundred dollars and costs; 3,550
(H) If the child was adjudicated a delinquent child or a 3,552
juvenile traffic offender for committing an act that would be a 3,553
felony of the third degree if committed by an adult, a fine not 3,554
to exceed seven hundred fifty dollars and costs; 3,555
(I) If the child was adjudicated a delinquent child or a 3,558
juvenile traffic offender for committing an act that would be a 3,559
85
felony of the second degree if committed by an adult, a fine not 3,560
to exceed one thousand dollars and costs; 3,561
(J) If the child was adjudicated a delinquent child or a 3,564
juvenile traffic offender for committing an act that would be a 3,565
felony of the first degree if committed by an adult, a fine not 3,566
to exceed one thousand four hundred fifty dollars and costs; 3,567
(K) If the child was adjudicated a delinquent child for 3,570
committing an act that would be aggravated murder or murder if 3,571
committed by an adult, a fine not to exceed one thousand eight 3,572
hundred dollars and costs.
Sec. 2151.47. Any adult WHO IS arrested OR CHARGED under 3,581
sections 2151.01 to 2151.54, inclusive, of the Revised Code, ANY 3,582
PROVISION IN THIS CHAPTER may demand a trial by jury, or the 3,584
juvenile judge upon his THE JUDGE'S own motion may call a jury. 3,585
A demand for a jury trial must SHALL be made in writing in not 3,586
less than three days before the date set for trial, or within 3,587
three days after counsel has been retained, whichever is later. 3,588
Sections 2945.17 and 2945.22 2945.23 to 2945.36, inclusive, of 3,590
the Revised Code, relating to the drawing and impaneling of
jurors in criminal cases in the court of common pleas, other than 3,592
in capital cases, shall apply to such A jury trial UNDER THIS 3,593
SECTION. The compensation of jurors and costs of the clerk and 3,595
sheriff shall be taxed and paid IN THE SAME MANNER as in criminal 3,596
cases in the court of common pleas. 3,597
Sec. 2901.07. (A) As used in this section: 3,606
(1) "DNA analysis" and "DNA specimen" have the same 3,608
meanings as in section 109.573 of the Revised Code. 3,609
(2) "Jail" and "community-based correctional facility" 3,611
have the same meanings as in section 2929.01 of the Revised Code. 3,612
(3) "Post-release control" has the same meaning as in 3,614
section 2967.01 of the Revised Code. 3,616
(B)(1) A person who is convicted of or pleads guilty to a 3,619
felony offense listed in division (D) of this section and who is 3,620
sentenced to a prison term or to a community residential sanction 3,621
86
in a jail or community-based correctional facility pursuant to 3,622
section 2929.16 of the Revised Code, and a person who is 3,624
convicted of or pleads guilty to a misdemeanor offense listed in 3,625
division (D) of this section and who is sentenced to a term of
imprisonment shall submit to a DNA specimen collection procedure 3,628
administered by the director of rehabilitation and correction or 3,629
the chief administrative officer of the jail or other detention 3,630
facility in which the person is serving the term of imprisonment. 3,631
If the person serves the prison term in a state correctional 3,632
institution, the director of rehabilitation and correction shall 3,633
cause the DNA specimen to be collected from the person during the 3,634
intake process at the reception facility designated by the 3,636
director. If the person serves the community residential 3,637
sanction or term of imprisonment in a jail, a community-based 3,638
correctional facility, or another county, multicounty, municipal, 3,639
municipal-county, or multicounty-municipal detention facility, 3,640
the chief administrative officer of the jail, community-based 3,642
correctional facility, or detention facility shall cause the DNA 3,644
specimen to be collected from the person during the intake
process at the jail, community-based correctional facility, or 3,645
detention facility. In accordance with division (C) of this 3,647
section, the director or the chief administrative officer shall 3,648
cause the DNA specimen to be forwarded to the bureau of criminal 3,649
identification and investigation no later than fifteen days after 3,650
the date of the collection of the DNA specimen. The DNA specimen 3,651
shall be collected in accordance with division (C) of this 3,652
section.
(2) If a person is convicted of or pleads guilty to an 3,655
offense listed in division (D) of this section, is serving a 3,657
prison term, community residential sanction, or term of
imprisonment for that offense, and does not provide a DNA 3,658
specimen pursuant to division (B)(1) of this section, prior to 3,659
the person's release from the prison term, community residential 3,660
sanction, or imprisonment, the person shall submit to, and the 3,662
87
director of rehabilitation and correction or the chief 3,663
administrative officer of the jail, community-based correctional 3,664
facility, or detention facility in which the person is serving
the prison term, community residential sanction, or term of 3,666
imprisonment shall administer, a DNA specimen collection 3,667
procedure at the state correctional institution, jail, 3,668
community-based correctional facility, or detention facility in 3,669
which the person is serving the prison term, community 3,670
residential sanction, or term of imprisonment. In accordance 3,672
with division (C) of this section, the director or the chief 3,674
administrative officer shall cause the DNA specimen to be
forwarded to the bureau of criminal identification and 3,676
investigation no later than fifteen days after the date of the 3,677
collection of the DNA specimen. The DNA specimen shall be 3,678
collected in accordance with division (C) of this section. 3,679
(3) If a person serving a prison term or community 3,681
residential sanction for a felony is released on parole, under 3,683
transitional control, or on another type of release or is on 3,684
post-release control, if the person is under the supervision of 3,686
the adult parole authority, if the person is returned to a jail, 3,687
community-based correctional facility, or state correctional 3,688
institution for a violation of the terms and conditions of the 3,690
parole, transitional control, other release, or post-release 3,692
control, if the person was or will be serving a prison term or 3,693
community residential sanction for committing an offense listed 3,695
in division (D) of this section, and if the person did not 3,697
provide a DNA specimen pursuant to division (B)(1) or (2) of this 3,699
section, the person shall submit to, and the director of 3,700
rehabilitation and correction or the chief administrative officer 3,701
of the jail or community-based correctional facility shall
administer, a DNA specimen collection procedure at the jail, 3,704
community-based correctional facility, or state correctional 3,705
institution in which the person is serving the prison term or 3,706
community residential sanction. In accordance with division (C) 3,708
88
of this section, the director or the chief administrative officer 3,710
shall cause the DNA specimen to be forwarded to the bureau of 3,712
criminal identification and investigation no later than fifteen 3,713
days after the date of the collection of the DNA specimen. The 3,714
DNA specimen shall be collected from the person in accordance 3,715
with division (C) of this section. 3,716
(C) A physician, registered nurse, licensed practical 3,719
nurse, duly licensed clinical laboratory technician, or other 3,720
qualified medical practitioner shall collect in a medically
approved manner the DNA specimen required to be collected 3,721
pursuant to division (B) of this section. No later than fifteen 3,722
days after the date of the collection of the DNA specimen, the 3,723
director of rehabilitation and correction or the chief 3,724
administrative officer of the jail, community-based correctional 3,725
facility, or other county, multicounty, municipal, 3,726
municipal-county, or multicounty-municipal detention facility, in 3,727
which the person is serving the prison term, community 3,728
residential sanction, or term of imprisonment shall cause the DNA 3,729
specimen to be forwarded to the bureau of criminal identification 3,730
and investigation in accordance with procedures established by 3,731
the superintendent of the bureau under division (H) of section 3,732
109.573 of the Revised Code. The bureau shall provide the 3,733
specimen vials, mailing tubes, labels, postage, and instructions 3,734
needed for the collection and forwarding of the DNA specimen to 3,735
the bureau.
(D) The director of rehabilitation and correction and the 3,737
chief administrative officer of the jail, community-based 3,738
correctional facility, or other county, multicounty, municipal, 3,739
municipal-county, or multicounty-municipal detention facility 3,740
shall cause a DNA specimen to be collected in accordance with 3,743
divisions (B) and (C) of this section from a person in its 3,744
custody who is convicted of or pleads guilty to any of the 3,745
following offenses: 3,746
(1) A violation of section 2903.01, 2903.02, 2903.03, 3,748
89
2903.11, 2905.01, 2905.02, 2905.11, 2907.02, 2907.03, 2907.04, 3,749
2907.05, or 2909.02, 2909.03, 2911.01, 2911.02, 2911.11, OR 3,751
2911.12 of the Revised Code;
(2) A violation of section 2907.12 of the Revised Code as 3,753
it existed prior to September 3, 1996; 3,754
(3) An attempt to commit a violation of section 2907.02, 3,756
2907.03, 2907.04, or 2907.05 of the Revised Code or to commit a 3,758
violation of section 2907.12 of the Revised Code as it existed
prior to September 3, 1996; 3,759
(4) A violation of any law that arose out of the same 3,761
facts and circumstances and same act as did a charge against the 3,764
person of a violation of section 2903.01, 2903.02, 2903.03, 3,765
2903.11, 2905.01, 2905.02, 2905.11, 2907.02, 2907.03, 2907.04, 3,766
2907.05, or 2909.02, 2909.03, 2911.01, 2911.02, 2911.11, OR 3,767
2911.12 of the Revised Code that previously was dismissed or 3,770
amended or as did a charge against the person of a violation of 3,772
section 2907.12 of the Revised Code as it existed prior to 3,773
September 3, 1996, that previously was dismissed or amended; 3,774
(5) A violation of section 2905.02 or 2919.23 of the 3,776
Revised Code that would have been a violation of section 2905.04 3,779
of the Revised Code as it existed prior to July 1, 1996, had it 3,781
been committed prior to that date;
(6) A sexually oriented offense, as defined in section 3,783
2950.01 of the Revised Code, if, in relation to that offense, the 3,785
offender has been adjudicated as being a sexual predator, as 3,786
defined in section 2950.01 of the Revised Code. 3,787
(E) The director of rehabilitation and correction or a 3,789
chief administrative officer of a jail, community-based 3,790
correctional facility, or other detention facility described in 3,792
division (B) of this section is not required to comply with this 3,793
section until the superintendent of the bureau of criminal 3,794
identification and investigation gives agencies in the criminal 3,795
justice system, as defined in section 181.51 of the Revised Code,
in the state official notification that the state DNA laboratory 3,796
90
is prepared to accept DNA specimens. 3,797
Sec. 3321.14. Notwithstanding division (D) of section 3,806
3311.19 and division (D) of section 3311.52 of the Revised Code, 3,807
the provisions of this section and sections 3321.15 to 3321.22 3,808
3321.21 of the Revised Code that apply to a city school district 3,810
or its superintendent do not apply to any joint vocational or
cooperative education school district or its superintendent 3,811
unless otherwise specified. 3,812
The board of education of every city school district and of 3,814
every exempted village school district shall employ an attendance 3,815
officer, and may employ or appoint such ANY assistants as THAT 3,816
the board deems advisable. In cities of one hundred thousand 3,818
population or over, the board may appoint, subject to the
nomination of the superintendent of schools, one or more 3,819
pupil-personnel workers and make provision for the traveling 3,820
expenses within the school district of such THOSE employees. 3,821
Sec. 3321.18. The attendance officer provided for by 3,830
section 3321.14 or 3321.15 of the Revised Code shall institute 3,831
proceedings against any officer, parent, guardian, or other 3,832
person violating laws relating to compulsory education and the 3,833
employment of minors, and otherwise discharge the duties 3,834
described in sections 3321.14 to 3321.22 3321.21 of the Revised 3,836
Code, and perform such ANY other service as THAT the 3,837
superintendent of schools or board of education of the district 3,839
by which he THE ATTENDANCE OFFICER is employed considers 3,840
necessary to preserve the morals and secure the good conduct of 3,841
school children, and to enforce such THOSE laws. 3,842
The attendance officer shall be furnished with copies of 3,844
the enumeration in each school district in which he THE 3,845
ATTENDANCE OFFICER serves and of the lists of pupils enrolled in 3,846
the schools and shall report to the superintendent discrepancies 3,847
between these lists and the enumeration. 3,848
The attendance officer and assistants shall cooperate with 3,850
the bureau of employment services in enforcing the laws relating 3,852
91
to the employment of minors. The attendance officer shall 3,853
furnish upon request such ANY data as he THAT THE ATTENDANCE 3,854
OFFICER and his THE ATTENDANCE OFFICER'S assistants have 3,855
collected in their reports of children from six to eighteen years 3,856
of age and also concerning employers to the bureau and upon 3,857
request to the state board of education. The attendance officer 3,858
must SHALL keep a record of his THE ATTENDANCE OFFICER'S 3,859
transactions for the inspection and information of the
superintendent of schools and the board of education; and shall 3,861
make reports to the superintendent of schools as often as 3,862
required by him THE SUPERINTENDENT. The state board of education 3,863
may prescribe forms for the use of attendance officers in the 3,864
performance of their duties. The blank forms and record books or 3,865
indexes shall be furnished to the attendance officers by the 3,866
boards of education by which they are employed.
Sec. 3321.19. (A) AS USED IN THIS SECTION AND SECTION 3,875
3321.191 OF THE REVISED CODE, "HABITUAL TRUANT" AND "CHRONIC 3,876
TRUANT" HAVE THE SAME MEANINGS AS IN SECTION 2151.011 OF THE 3,877
REVISED CODE. 3,878
(B) When a board of education OF ANY CITY, EXEMPTED 3,881
VILLAGE, LOCAL, JOINT VOCATIONAL, OR COOPERATIVE EDUCATION SCHOOL 3,882
DISTRICT OR THE GOVERNING BOARD OF ANY EDUCATIONAL SERVICE CENTER 3,883
determines that a student in its district has been truant and the 3,884
parent, guardian, or other person having care of the child has 3,885
failed to cause the student's attendance AT SCHOOL, the board may 3,886
require the parent, guardian, or other person having care of the 3,888
child pursuant to division (B) of this section to attend an 3,889
educational program established pursuant to rules adopted by the 3,890
state board of education for the purpose of encouraging parental 3,891
involvement in compelling the attendance of the child AT SCHOOL. 3,892
No parent, GUARDIAN, OR OTHER PERSON HAVING CARE OF A CHILD 3,894
shall fail without good cause to attend such a AN EDUCATIONAL 3,896
program when DESCRIBED IN THIS DIVISION IF THE PARENT, GUARDIAN, 3,897
OR OTHER PERSON HAS BEEN served notice pursuant to division 3,898
92
(B)(C) of this section. 3,900
(B)(C) On the request of the superintendent of schools or, 3,903
THE SUPERINTENDENT OF ANY EDUCATIONAL SERVICE CENTER, the board 3,905
of education OF ANY CITY, EXEMPTED VILLAGE, LOCAL, JOINT
VOCATIONAL, OR COOPERATIVE EDUCATION SCHOOL DISTRICT, OR THE 3,906
GOVERNING BOARD OF ANY EDUCATIONAL SERVICE CENTER or when it 3,907
otherwise comes to his THE notice OF THE ATTENDANCE OFFICER OR 3,909
OTHER APPROPRIATE OFFICER OF THE SCHOOL DISTRICT, the attendance 3,910
officer OR OTHER APPROPRIATE OFFICER shall examine into any case 3,911
of supposed truancy within his THE district, and SHALL warn the 3,912
child, if found truant, and his THE CHILD'S parent, guardian, or 3,915
other person in charge HAVING CARE of him THE CHILD, in writing, 3,917
of the legal consequences of truancy if persisted in BEING AN 3,918
HABITUAL OR CHRONIC TRUANT. When any child of compulsory school 3,919
age, in violation of law, is not attending school, the attendance 3,920
OR OTHER APPROPRIATE officer shall notify the parent, guardian, 3,921
or other person in charge HAVING CARE of such THAT child of the 3,922
fact, and require such THE parent, guardian, or other person to 3,923
cause the child to attend school forthwith; and the IMMEDIATELY. 3,925
THE parent, guardian, or other person in charge HAVING CARE of 3,927
the child shall cause such THE child's attendance at school. 3,929
Upon the failure of the parent, guardian, or other person in 3,930
charge HAVING CARE of the child to do so, the attendance OFFICER 3,931
OR OTHER APPROPRIATE officer shall either make complaint against 3,932
the parent, guardian, or other person in charge of the child in 3,933
any court of competent jurisdiction or, if so directed by the 3,934
superintendent or, THE district board, OR THE EDUCATIONAL SERVICE 3,936
CENTER GOVERNING BOARD, SHALL send notice requiring such person's 3,937
THE attendance OF THAT PARENT, GUARDIAN, OR OTHER PERSON at a 3,938
parental education program established pursuant to division 3,940
(A)(B) of this section AND, SUBJECT TO DIVISIONS (D) AND (E) OF 3,941
THIS SECTION, MAY FILE A COMPLAINT AGAINST THE PARENT, GUARDIAN, 3,942
OR OTHER PERSON HAVING CARE OF THE CHILD IN ANY COURT OF 3,943
COMPETENT JURISDICTION.
93
(D) UPON THE FAILURE OF THE PARENT, GUARDIAN, OR OTHER 3,945
PERSON HAVING CARE OF THE CHILD TO CAUSE THE CHILD'S ATTENDANCE 3,946
AT SCHOOL, IF THE CHILD IS CONSIDERED AN HABITUAL TRUANT, THE 3,947
BOARD OF EDUCATION OF THE SCHOOL DISTRICT OR THE GOVERNING BOARD 3,949
OF THE EDUCATIONAL SERVICE CENTER SHALL DO EITHER OR BOTH OF THE 3,950
FOLLOWING:
(1) TAKE ANY APPROPRIATE ACTION AS AN INTERVENTION 3,952
STRATEGY CONTAINED IN THE POLICY DEVELOPED BY THE BOARD PURSUANT 3,953
TO SECTION 3321.191 OF THE REVISED CODE; 3,954
(2) FILE A COMPLAINT IN THE JUVENILE COURT OF THE COUNTY 3,958
IN WHICH THE CHILD HAS A RESIDENCE OR LEGAL SETTLEMENT OR IN 3,959
WHICH THE CHILD IS SUPPOSED TO ATTEND SCHOOL JOINTLY AGAINST THE
CHILD AND THE PARENT, GUARDIAN, OR OTHER PERSON HAVING CARE OF 3,960
THE CHILD. A COMPLAINT FILED IN THE JUVENILE COURT UNDER THIS 3,961
DIVISION SHALL ALLEGE THAT THE CHILD IS AN UNRULY CHILD FOR BEING 3,962
AN HABITUAL TRUANT OR IS A DELINQUENT CHILD FOR BEING AN HABITUAL 3,963
TRUANT WHO PREVIOUSLY HAS BEEN ADJUDICATED AN UNRULY CHILD FOR 3,965
BEING AN HABITUAL TRUANT AND THAT THE PARENT, GUARDIAN, OR OTHER 3,966
PERSON HAVING CARE OF THE CHILD HAS VIOLATED SECTION 3321.38 OF 3,967
THE REVISED CODE. 3,968
(E) UPON THE FAILURE OF THE PARENT, GUARDIAN, OR OTHER 3,970
PERSON HAVING CARE OF THE CHILD TO CAUSE THE CHILD'S ATTENDANCE 3,971
AT SCHOOL, IF THE CHILD IS CONSIDERED A CHRONIC TRUANT, THE BOARD 3,973
OF EDUCATION OF THE SCHOOL DISTRICT OR THE GOVERNING BOARD OF THE 3,974
EDUCATIONAL SERVICE CENTER SHALL FILE A COMPLAINT IN THE JUVENILE 3,977
COURT OF THE COUNTY IN WHICH THE CHILD HAS A RESIDENCE OR LEGAL 3,978
SETTLEMENT OR IN WHICH THE CHILD IS SUPPOSED TO ATTEND SCHOOL 3,979
JOINTLY AGAINST THE CHILD AND THE PARENT, GUARDIAN, OR OTHER 3,980
PERSON HAVING CARE OF THE CHILD. A COMPLAINT FILED IN THE
JUVENILE COURT UNDER THIS DIVISION SHALL ALLEGE THAT THE CHILD IS 3,982
A DELINQUENT CHILD FOR BEING A CHRONIC TRUANT AND THAT THE
PARENT, GUARDIAN, OR OTHER PERSON HAVING CARE OF THE CHILD HAS 3,984
VIOLATED SECTION 3321.38 OF THE REVISED CODE. 3,985
Sec. 3321.191. (A) NO LATER THAN AUGUST 31, 2000, THE 3,987
94
BOARD OF EDUCATION OF EACH CITY, EXEMPTED VILLAGE, LOCAL, JOINT 3,989
VOCATIONAL, AND COOPERATIVE EDUCATION SCHOOL DISTRICT AND THE 3,990
GOVERNING BOARD OF EACH EDUCATIONAL SERVICE CENTER SHALL ADOPT A 3,991
POLICY TO GUIDE EMPLOYEES OF THE SCHOOL DISTRICT OR SERVICE 3,992
CENTER IN ADDRESSING AND AMELIORATING THE ATTENDANCE PRACTICE OF 3,994
ANY PUPIL WHO IS AN HABITUAL TRUANT. IN DEVELOPING THE POLICY, 3,995
THE APPROPRIATE BOARD SHALL CONSULT WITH THE JUDGE OF THE
JUVENILE COURT OF THE COUNTY OR COUNTIES IN WHICH THE DISTRICT OR 3,996
SERVICE CENTER IS LOCATED, WITH THE PARENTS, GUARDIANS, OR OTHER 3,998
PERSONS HAVING CARE OF THE PUPILS ATTENDING SCHOOL IN THE 3,999
DISTRICT, AND WITH APPROPRIATE STATE AND LOCAL AGENCIES. THE 4,000
BOARD SHALL INCORPORATE INTO THE POLICY AS AN INTERVENTION 4,001
STRATEGY THE ASSIGNMENT OF AN HABITUAL TRUANT TO AN ALTERNATIVE 4,002
SCHOOL PURSUANT TO SECTION 3313.533 OF THE REVISED CODE IF AN 4,003
ALTERNATIVE SCHOOL HAS BEEN ESTABLISHED BY THE BOARD UNDER THAT 4,004
SECTION.
(B) THE POLICY DEVELOPED UNDER DIVISION (A) OF THIS 4,006
SECTION MAY INCLUDE AS AN INTERVENTION STRATEGY ANY OF THE 4,008
FOLLOWING ACTIONS, IF APPROPRIATE: 4,009
(1) PROVIDING COUNSELING FOR AN HABITUAL TRUANT; 4,011
(2) REQUESTING OR REQUIRING A PARENT, GUARDIAN, OR OTHER 4,013
PERSON HAVING CARE OF AN HABITUAL TRUANT TO ATTEND PARENTAL 4,014
INVOLVEMENT PROGRAMS, INCLUDING PROGRAMS ADOPTED UNDER SECTION 4,015
3313.472 OR 3313.663 OF THE REVISED CODE; 4,016
(3) NOTIFICATION OF THE REGISTRAR OF MOTOR VEHICLES UNDER 4,018
SECTION 3321.13 OF THE REVISED CODE; 4,019
(4) TAKING LEGAL ACTION UNDER SECTION 2919.222, 3321.20, 4,021
OR 3321.38 OF THE REVISED CODE. 4,022
(C) NOTHING IN THIS SECTION SHALL BE CONSTRUED TO LIMIT 4,024
THE DUTY OR AUTHORITY OF A DISTRICT BOARD OF EDUCATION OR 4,025
GOVERNING BODY OF AN EDUCATIONAL SERVICE CENTER TO DEVELOP OTHER 4,026
POLICIES RELATED TO TRUANCY OR TO LIMIT THE DUTY OR AUTHORITY OF 4,027
ANY EMPLOYEE OF THE SCHOOL DISTRICT OR SERVICE CENTER TO RESPOND 4,028
TO PUPIL TRUANCY.
95
Sec. 3321.20. When any child, in violation of section 4,037
3321.08 or 3321.09 of the Revised Code, is not attending a 4,038
part-time school or class, the attendance officer shall warn the 4,039
child and his THE CHILD'S parent, guardian, or other person in 4,041
charge of him THE CHILD in writing of the legal consequences of 4,042
his THE CHILD'S failure to attend such THE PART-TIME school or 4,043
class. If the parent, guardian, or other person in charge of 4,044
such THAT child fails thereupon to cause his THE CHILD'S 4,047
attendance at such THE part-time school or class, the attendance 4,048
officer shall make complaint against the parent, guardian, or 4,051
other person in charge of the child in any THE JUVENILE court of 4,053
competent jurisdiction THE COUNTY IN WHICH THE CHILD HAS A
RESIDENCE OR LEGAL SETTLEMENT OR IN WHICH THE CHILD IS SUPPOSED 4,054
TO ATTEND THE PART-TIME SCHOOL OR CLASS. 4,055
Sec. 3321.22. If (A) EXCEPT AS PROVIDED IN DIVISION (B) 4,065
OF THIS SECTION, IF A COMPLAINT IS FILED AGAINST the parent,
guardian, or other person in charge of a child, upon complaint 4,067
for a failure to cause the child to attend school or a part-time 4,068
school or class, AND IF THE PARENT, GUARDIAN, OR OTHER PERSON 4,069
proves AN inability to do so, then such THE parent, guardian, or 4,071
other person in charge of a child shall be discharged. UPON THE 4,072
DISCHARGE, and thereupon the attendance officer shall make FILE A 4,073
complaint before the judge of the juvenile court of the county 4,075
ALLEGING that the child is a delinquent child, UNRULY CHILD, or 4,076
dependent child within the meaning of section 2151.02, 2151.021, 4,077
or 2151.04 of the Revised Code. Such THE judge shall hear the 4,079
complaint and if he THE JUDGE determines that the child is a 4,081
delinquent, UNRULY, or dependent child within one of such THOSE 4,083
sections he THE JUDGE shall deal with the child according to 4,085
section 2151.35 or 2151.36 of the Revised Code.
(B) DIVISION (A) OF THIS SECTION DOES NOT APPLY REGARDING 4,088
A COMPLAINT FILED UNDER DIVISION (D) OR (E) OF SECTION 3321.19 OF 4,089
THE REVISED CODE OR OTHERWISE FILED AND ALLEGING THAT A CHILD IS 4,090
AN HABITUAL TRUANT OR CHRONIC TRUANT.
96
Sec. 3321.38. (A) No parent, guardian, or other person 4,099
having care of a child of compulsory school age shall violate ANY 4,101
PROVISION OF section 3321.01, 3321.03, 3321.04, 3321.07, or
3321.10, division (A) or (B) of section 3321.19, or section 4,103
3321.20, or 3331.14 of the Revised Code. The JUVENILE court, 4,105
WHICH HAS EXCLUSIVE ORIGINAL JURISDICTION OVER ANY VIOLATION OF 4,106
THIS SECTION PURSUANT TO SECTION 2151.23 OF THE REVISED CODE, may 4,107
require a person convicted of violating this division to give 4,108
bond in the sum of one hundred dollars with sureties to the 4,109
approval of the court, conditioned that the person will cause the 4,110
child under the person's charge to attend upon instruction as
provided by law, and remain as a pupil in the school or class 4,111
during the term prescribed by law. IF THE JUVENILE COURT 4,113
ADJUDICATES THE CHILD AS AN UNRULY OR DELINQUENT CHILD FOR BEING 4,114
AN HABITUAL OR CHRONIC TRUANT PURSUANT TO SECTION 2151.35 OF THE 4,115
REVISED CODE, THE COURT SHALL WARN THE PARENT, GUARDIAN, OR OTHER 4,117
PERSON HAVING CARE OF THE CHILD THAT ANY SUBSEQUENT ADJUDICATION 4,118
OF THAT NATURE INVOLVING THE CHILD MAY RESULT IN A CRIMINAL
CHARGE AGAINST THE PARENT, GUARDIAN, OR OTHER PERSON HAVING CARE 4,119
OF THE CHILD FOR A VIOLATION OF DIVISION (C) OF SECTION 2919.21 4,120
OR SECTION 2919.24 OF THE REVISED CODE. 4,121
(B) This section does not relieve from prosecution and 4,123
conviction any parent, guardian, or other person upon further 4,124
violation of such ANY PROVISION IN ANY OF THE sections; nor shall 4,126
SPECIFIED IN DIVISION (A) OF THIS SECTION, ANY PROVISION OF 4,127
SECTION 2919.222 OR 2919.24 OF THE REVISED CODE, OR DIVISION (C) 4,128
OF SECTION 2919.21 OF THE REVISED CODE. A forfeiture of the bond 4,130
SHALL NOT relieve such THAT PARENT, GUARDIAN, OR OTHER person 4,132
from prosecution and conviction upon further violation of such 4,133
ANY PROVISION IN ANY OF THOSE sections OR THAT DIVISION. 4,134
(C) Section 4109.13 of the Revised Code applies to this 4,136
section.
Sec. 3730.99. (A) Whoever violates division (A), (B), or 4,146
(C) of section 3730.02 or division (A) of section 3730.06 of the 4,147
97
Revised Code is guilty of a misdemeanor of the fourth degree. 4,148
(B) Whoever violates division (B)(1) or (2) of section 4,150
3730.07 of the Revised Code is guilty of a misdemeanor of the 4,151
first degree.
(C)(1) Whoever violates division (A)(1) of section 3730.07 4,153
of the Revised Code is a delinquent child and is subject to an 4,154
order of disposition under division (A)(8)(a) of section 2151.355 4,155
of the Revised Code, which order of disposition shall require the 4,157
child to pay a fine as described in division (B) of section 4,158
2151.3512 of the Revised Code.
(2) Whoever violates division (A)(2) of section 3730.07 of 4,160
the Revised Code is a delinquent child and is subject to an order 4,161
of disposition under division (A)(8)(a) of section 2151.355 of 4,162
the Revised Code, which order of disposition shall require the 4,164
child to pay a fine as described in division (E) of section 4,165
2151.3512 of the Revised Code.
Sec. 4109.13. (A) The administrator of the bureau of 4,174
employment services shall designate enforcement officials to 4,175
enforce this chapter.
(B) An enforcement official shall, upon discovery of a 4,177
violation of this chapter and after notice to the employer, SHALL 4,178
make a complaint against the offending employer in any court of 4,180
competent jurisdiction.
(C) Enforcement officials shall make complaint by filing a 4,182
complaint before a court having competent jurisdiction against 4,183
any person violating any law relating to the employment of 4,184
minors. This section shall not be construed to limit the right 4,185
of other persons to make such THOSE complaints. 4,186
(D) County courts, municipal courts, and juvenile courts 4,188
have jurisdiction to try offenses under this chapter and. 4,189
JUVENILE COURTS HAVE EXCLUSIVE ORIGINAL JURISDICTION TO TRY 4,190
OFFENSES UNDER section 3321.38 of the Revised Code. 4,191
(E) No person or enforcement official instituting 4,193
proceedings under this section shall be required to file or give 4,194
98
security for the costs. If a defendant is acquitted, the judge, 4,195
police judge, or juvenile judge before whom the case is brought 4,196
shall certify the costs to the county auditor, who. THE COUNTY 4,198
AUDITOR shall examine the amount OF THE COSTS and, if necessary, 4,199
correct it; and. THE COUNTY AUDITOR shall issue his A warrant on 4,201
the county treasurer in favor of the persons to whom THE costs 4,202
are due.
(F) Fines collected for violations of this chapter and 4,204
section 3321.38 of the Revised Code shall be paid into the funds 4,205
of the school district in which the offense was committed. 4,206
Section 2. That existing sections 2151.011, 2151.02, 4,208
2151.022, 2151.18, 2151.23, 2151.27, 2151.28, 2151.313, 2151.315, 4,209
2151.35, 2151.354, 2151.355, 2151.356, 2151.358, 2151.359, 4,211
2151.3512, 2151.47, 2901.07, 3321.14, 3321.18, 3321.19, 3321.20, 4,212
3321.22, 3321.38, 3730.99, and 4109.13 of the Revised Code are 4,213
hereby repealed.
Section 3. Section 2151.358 of the Revised Code is 4,216
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 4,217
Assembly, with the new language of neither of the acts shown in 4,218
capital letters. This is in recognition of the principle stated 4,219
in division (B) of section 1.52 of the Revised Code that such 4,220
amendments are to be harmonized where not substantively 4,221
irreconcilable and constitutes a legislative finding that such is 4,222
the resulting version in effect prior to the effective date of 4,223
this act.