As Reported by House Criminal Justice Committee 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-REPRESENTATIVES 10
WOMER BENJAMIN-TAYLOR-CALLENDER-ROBINSON
_________________________________________________________________ 11
A B I L L
To amend sections 2151.011, 2151.02, 2151.022, 13
2151.18, 2151.23, 2151.27, 2151.28, 2151.311, 14
2151.312, 2151.313, 2151.35, 2151.354, 2151.355, 15
2151.356, 2151.358, 2151.359, 2151.3512, 2151.47, 16
3321.14, 3321.18, 3321.19, 3321.20, 3321.22, 17
3321.38, 3321.99, 3730.99, 4109.13, and 5139.36,
to enact section 3321.191, and to repeal section 18
5139.031 of the Revised Code to require the 19
parent, guardian, or legal custodian of a child 20
to attend all juvenile proceedings regarding the 21
child; to define "habitual truant" and "chronic 22
truant," designate a chronic truant as a 23
delinquent child, allow children alleged to be 24
delinquent children based on chronic truancy to
be held in adult facilities for up to three hours 25
for processing and to specify when habitual and 26
chronic truants can be held in detention homes or 27
centers for delinquent children; to require a
school district board of education or educational 28
service center governing board to adopt 30
intervention strategies addressing pupils'
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
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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
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 the fine for permitting truancy permissive; 43
to increase the maximum fine for permitting 44
truancy; to permit a court to order the persons 45
having care of a truant student to perform up to
70 hours of community service; to increase the 46
maximum amount of the surety bond that may be 47
required of the persons having care of a truant 48
student; to make other changes in Compulsory 49
School Age Law; to require the notification of 50
school officials if a child who is 14 years of 51
age or older is adjudicated a delinquent child
for any of a list of specified acts; to prohibit 52
sealing records of children found to be 53
delinquent children for any of a list of
specified acts; to provide specified law 54
enforcement officials with access to sealed
delinquent child records for specified purposes; 55
to require the governing body of a community 56
corrections facility to reimburse members of 57
advisory boards advising those facilities for 58
their actual and necessary expenses incurred in
the performance of their official duties; and to 59
repeal provisions specifying that the Department 60
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of Youth Services cannot change the purposes for 61
which the Maumee and Mohican Youth Camps may be 62
operated or significantly reduce their level of 63
operations without the General Assembly's 64
consent.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 66
Section 1. That sections 2151.011, 2151.02, 2151.022, 68
2151.18, 2151.23, 2151.27, 2151.28, 2151.311, 2151.312, 2151.313, 69
2151.35, 2151.354, 2151.355, 2151.356, 2151.358, 2151.359, 70
2151.3512, 2151.47, 3321.14, 3321.18, 3321.19, 3321.20, 3321.22, 71
3321.38, 3321.99, 3730.99, 4109.13, and 5139.36 be amended and 73
section 3321.191 of the Revised Code be enacted to read as 75
follows:
Sec. 2151.011. (A) As used in the Revised Code: 84
(1) "Juvenile court" means the division of the court of 86
common pleas or a juvenile court separately and independently 87
created having jurisdiction under this chapter. 88
(2) "Juvenile judge" means a judge of a court having 90
jurisdiction under this chapter. 91
(3) "Private child placing agency" means any association, 93
as defined in section 5103.02 of the Revised Code, that is 94
certified pursuant to section 5103.03 of the Revised Code to 97
accept temporary, permanent, or legal custody of children and 98
place the children for either foster care or adoption.
(4) "Private noncustodial agency" means any person, 100
organization, association, or society certified by the department 101
of job and family services that does not accept temporary or 103
permanent legal custody of children, that is privately operated 104
in this state, and that does one or more of the following: 105
(a) Receives and cares for children for two or more 107
consecutive weeks; 108
(b) Participates in the placement of children in family 110
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foster homes; 111
(c) Provides adoption services in conjunction with a 113
public children services agency or private child placing agency. 114
(B) As used in this chapter: 116
(1) "Adequate parental care" means the provision by a 118
child's parent or parents, guardian, or custodian of adequate 119
food, clothing, and shelter to ensure the child's health and 120
physical safety and the provision by a child's parent or parents 121
of specialized services warranted by the child's physical or 122
mental needs. 123
(2) "Adult" means an individual who is eighteen years of 125
age or older. 126
(3) "Agreement for temporary custody" means a voluntary 128
agreement authorized by section 5103.15 of the Revised Code that 130
transfers the temporary custody of a child to a public children 131
services agency or a private child placing agency. 132
(4) "Babysitting care" means care provided for a child 134
while the parents, guardian, or legal custodian of the child are 135
temporarily away. 136
(5) "Certified family foster home" means a family foster 138
home operated by persons holding a certificate in force, issued 139
under section 5103.03 of the Revised Code. 140
(6)(a) "Child" means a person who is under eighteen years 143
of age, except as otherwise provided in divisions (B)(6)(b) to 144
(f) of this section. 145
(b) Subject to division (B)(6)(c) of this section, any 148
person who violates a federal or state law or municipal ordinance 149
prior to attaining eighteen years of age shall be deemed a
"child" irrespective of that person's age at the time the 150
complaint is filed or the hearing on the complaint is held. 151
(c) Any person who, while under eighteen years of age, 154
commits an act that would be a felony if committed by an adult 155
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 156
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child in relation to that act. 157
(d) Any person whose case is transferred for criminal 159
prosecution pursuant to division (B) or (C) of section 2151.26 of 160
the Revised Code shall after the transfer be deemed not to be a 161
child in the transferred case. 162
(e) Subject to division (B)(6)(f) of this section, any 165
person whose case is transferred for criminal prosecution 166
pursuant to division (B) or (C) of section 2151.26 of the Revised 167
Code and who subsequently is convicted of or pleads guilty to a 168
felony in that case shall after the transfer be deemed not to be 170
a child in any case in which the person is alleged to have 172
committed prior to or subsequent to the transfer an act that 174
would be an offense if committed by an adult. Division (B)(6)(e) 175
of this section applies to a case regardless of whether the prior 178
or subsequent act that is alleged in the case and that would be
an offense if committed by an adult allegedly was committed in 179
the same county in which the case was transferred or in another 181
county and regardless of whether the complaint in the case 182
involved was filed in the same county in which the case was 183
transferred or in another county. Division (B)(6)(e) of this 184
section applies to a case that involves an act committed prior to 185
the transfer only when the prior act alleged in the case has not 186
been disposed of by a juvenile court or trial court. 187
(f) Notwithstanding division (B)(6)(e) of this section, if 190
a person's case is transferred for criminal prosecution pursuant 191
to division (B) or (C) of section 2151.26 of the Revised Code and 192
if the person subsequently is convicted of or pleads guilty to a 193
felony in that case, thereafter, the person shall be considered a 194
child solely for the following purposes in relation to any act
the person subsequently commits that would be an offense if 195
committed by an adult: 196
(i) For purposes of the filing of a complaint alleging 198
that the child is a delinquent child for committing the act that 199
would be an offense if committed by an adult; 200
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(ii) For purposes of the juvenile court conducting a 202
hearing under division (B) of section 2151.26 of the Revised Code 204
relative to the complaint described in division (B)(6)(f)(i) of 205
this section to determine whether division (B)(1) of section 206
2151.26 of the Revised Code applies and requires that the case be 208
transferred for criminal prosecution to the appropriate court 209
having jurisdiction of the offense.
(7) "Child day camp," "child day-care," "child day-care 211
center," "part-time child day-care center," "type A family 214
day-care home," "certified type B family day-care home," "type B 215
home," "administrator of a child day-care center," "administrator 217
of a type A family day-care home," "in-home aide," and 218
"authorized provider" have the same meanings as in section 219
5104.01 of the Revised Code.
(8) "Child day-care provider" means an individual who is a 222
child-care staff member or administrator of a child day-care
center, a type A family day-care home, or a type B family 223
day-care home, or an in-home aide or an individual who is 224
licensed, is regulated, is approved, operates under the direction 225
of, or otherwise is certified by the department of job and family 227
services, department of mental retardation and developmental 228
disabilities, or the early childhood programs of the department 229
of education. 230
(9) "CHRONIC TRUANT" MEANS ANY CHILD OF COMPULSORY SCHOOL 232
AGE WHO IS ABSENT WITHOUT LEGITIMATE EXCUSE FOR ABSENCE FROM THE 233
PUBLIC SCHOOL THE CHILD IS SUPPOSED TO ATTEND FOR SEVEN OR MORE 234
CONSECUTIVE SCHOOL DAYS, TEN OR MORE SCHOOL DAYS IN ONE SCHOOL 235
MONTH, OR FIFTEEN OR MORE SCHOOL DAYS IN A SCHOOL YEAR. 236
(10) "Commit" means to vest custody as ordered by the 238
court. 239
(10)(11) "Counseling" includes both of the following: 241
(a) General counseling services performed by a public 244
children services agency or shelter for victims of domestic 245
violence to assist a child, a child's parents, and a child's 246
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siblings in alleviating identified problems that may cause or 248
have caused the child to be an abused, neglected, or dependent 249
child.
(b) Psychiatric or psychological therapeutic counseling 252
services provided to correct or alleviate any mental or emotional 254
illness or disorder and performed by a licensed psychiatrist,
licensed psychologist, or a person licensed under Chapter 4757. 256
of the Revised Code to engage in social work or professional 257
counseling.
(11)(12) "Custodian" means a person who has legal custody 259
of a child or a public children services agency or private child 261
placing agency that has permanent, temporary, or legal custody of 262
a child. 263
(12)(13) "Detention" means the temporary care of children 265
pending court adjudication or disposition, or execution of a 266
court order, in a public or private facility designed to 267
physically restrict the movement and activities of children. 268
(13)(14) "Developmental disability" has the same meaning 270
as in section 5123.01 of the Revised Code. 272
(14)(15) "Family foster home" means a private residence in 274
which children are received apart from their parents, guardian, 275
or legal custodian by an individual for hire, gain, or reward for 276
nonsecure care, supervision, or training twenty-four hours a day. 277
"Family foster home" does not include babysitting care provided 278
for a child in the home of a person other than the home of the 279
parents, guardian, or legal custodian of the child. 280
(15)(16) "Foster home" means a family home in which any 282
child is received apart from the child's parents for care, 283
supervision, or training. 284
(16)(17) "Guardian" means a person, association, or 286
corporation that is granted authority by a probate court pursuant 287
to Chapter 2111. of the Revised Code to exercise parental rights 288
over a child to the extent provided in the court's order and 289
subject to the residual parental rights of the child's parents. 290
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(17)(18) "HABITUAL TRUANT" MEANS ANY CHILD OF COMPULSORY 292
SCHOOL AGE WHO IS ABSENT WITHOUT LEGITIMATE EXCUSE FOR ABSENCE 294
FROM THE PUBLIC SCHOOL THE CHILD IS SUPPOSED TO ATTEND FOR FIVE 296
OR MORE CONSECUTIVE SCHOOL DAYS, SEVEN OR MORE SCHOOL DAYS IN ONE 297
SCHOOL MONTH, OR TWELVE OR MORE SCHOOL DAYS IN A SCHOOL YEAR. 298
(19) "Legal custody" means a legal status that vests in 300
the custodian the right to have physical care and control of the 301
child and to determine where and with whom the child shall live, 302
and the right and duty to protect, train, and discipline the 304
child and to provide the child with food, shelter, education, and 305
medical care, all subject to any residual parental rights, 307
privileges, and responsibilities. An individual granted legal 308
custody shall exercise the rights and responsibilities personally 309
unless otherwise authorized by any section of the Revised Code or 310
by the court. 311
(18)(20) A "LEGITIMATE EXCUSE FOR ABSENCE FROM THE PUBLIC 313
SCHOOL THE CHILD IS SUPPOSED TO ATTEND" INCLUDES, BUT IS NOT 315
LIMITED TO, ANY OF THE FOLLOWING: 316
(a) THE FACT THAT THE CHILD IN QUESTION HAS ENROLLED IN 318
AND IS ATTENDING ANOTHER PUBLIC OR NONPUBLIC SCHOOL IN THIS OR 320
ANOTHER STATE; 321
(b) THE FACT THAT THE CHILD IN QUESTION IS EXCUSED FROM 323
ATTENDANCE AT SCHOOL FOR ANY OF THE REASONS SPECIFIED IN SECTION 324
3321.04 OF THE REVISED CODE; 325
(c) THE FACT THAT THE CHILD IN QUESTION HAS RECEIVED AN 327
AGE AND SCHOOLING CERTIFICATE IN ACCORDANCE WITH SECTION 3331.01 328
OF THE REVISED CODE. 329
(21) "Mental illness" and "mentally ill person subject to 332
hospitalization by court order" have the same meanings as in 333
section 5122.01 of the Revised Code. 334
(19)(22) "Mental injury" means any behavioral, cognitive, 336
emotional, or mental disorder in a child caused by an act or 337
omission that is described in section 2919.22 of the Revised Code 338
and is committed by the parent or other person responsible for 340
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the child's care.
(20)(23) "Mentally retarded person" has the same meaning 342
as in section 5123.01 of the Revised Code. 343
(21)(24) "Nonsecure care, supervision, or training" means 345
care, supervision, or training of a child in a facility that does 346
not confine or prevent movement of the child within the facility 347
or from the facility. 348
(22)(25) "OF COMPULSORY SCHOOL AGE" HAS THE SAME MEANING 350
AS IN SECTION 3321.01 OF THE REVISED CODE. 351
(26) "Organization" means any institution, public, 353
semipublic, or private, and any private association, society, or 354
agency located or operating in the state, incorporated or 355
unincorporated, having among its functions the furnishing of 356
protective services or care for children, or the placement of 357
children in foster homes or elsewhere. 358
(23)(27) "Out-of-home care" means detention facilities, 360
shelter facilities, foster homes, certified foster homes, 361
placement in a prospective adoptive home prior to the issuance of 362
a final decree of adoption, organizations, certified 363
organizations, child day-care centers, type A family day-care 364
homes, child day-care provided by type B family day-care home 365
providers and by in-home aides, group home providers, group 366
homes, institutions, state institutions, residential facilities, 367
residential care facilities, residential camps, day camps, 368
hospitals, and medical clinics that are responsible for the care, 369
physical custody, or control of children. 370
(24)(28) "Out-of-home care child abuse" means any of the 372
following when committed by a person responsible for the care of 373
a child in out-of-home care: 374
(a) Engaging in sexual activity with a child in the 376
person's care; 377
(b) Denial to a child, as a means of punishment, of proper 379
or necessary subsistence, education, medical care, or other care 380
necessary for a child's health; 381
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(c) Use of restraint procedures on a child that cause 383
injury or pain; 384
(d) Administration of prescription drugs or psychotropic 386
medication to the child without the written approval and ongoing 387
supervision of a licensed physician; 388
(e) Commission of any act, other than by accidental means, 390
that results in any injury to or death of the child in 391
out-of-home care or commission of any act by accidental means 392
that results in an injury to or death of a child in out-of-home 393
care and that is at variance with the history given of the injury 394
or death.
(25)(29) "Out-of-home care child neglect" means any of the 396
following when committed by a person responsible for the care of 397
a child in out-of-home care: 398
(a) Failure to provide reasonable supervision according to 400
the standards of care appropriate to the age, mental and physical 401
condition, or other special needs of the child; 402
(b) Failure to provide reasonable supervision according to 404
the standards of care appropriate to the age, mental and physical 405
condition, or other special needs of the child, that results in 406
sexual or physical abuse of the child by any person; 407
(c) Failure to develop a process for all of the following: 409
(i) Administration of prescription drugs or psychotropic 411
drugs for the child; 412
(ii) Assuring that the instructions of the licensed 414
physician who prescribed a drug for the child are followed; 415
(iii) Reporting to the licensed physician who prescribed 417
the drug all unfavorable or dangerous side effects from the use 418
of the drug. 419
(d) Failure to provide proper or necessary subsistence, 421
education, medical care, or other individualized care necessary 422
for the health or well-being of the child; 423
(e) Confinement of the child to a locked room without 425
monitoring by staff; 426
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(f) Failure to provide ongoing security for all 428
prescription and nonprescription medication; 429
(g) Isolation of a child for a period of time when there 431
is substantial risk that the isolation, if continued, will impair 432
or retard the mental health or physical well-being of the child. 433
(26)(30) "Permanent custody" means a legal status that 435
vests in a public children services agency or a private child 436
placing agency, all parental rights, duties, and obligations, 437
including the right to consent to adoption, and divests the 438
natural parents or adoptive parents of all parental rights, 439
privileges, and obligations, including all residual rights and 440
obligations.
(27)(31) "Planned permanent living arrangement" means an 443
order of a juvenile court pursuant to which both of the following 444
apply:
(a) The court gives legal custody of a child to a public 446
children services agency or a private child placing agency 447
without the termination of parental rights. 448
(b) The order permits the agency to make an appropriate 450
placement of the child and to enter into a written agreement with 453
a foster care provider or with another person or agency with whom 454
the child is placed.
(28)(32) "Permanent surrender" means the act of the 456
parents or, if a child has only one parent, of the parent of a 457
child, by a voluntary agreement authorized by section 5103.15 of 459
the Revised Code, to transfer the permanent custody of the child
to a public children services agency or a private child placing 460
agency. 461
(29)(33) "Person responsible for a child's care in 463
out-of-home care" means any of the following: 465
(a) Any foster parent, in-home aide, or provider; 467
(b) Any administrator, employee, or agent of any of the 469
following: a public or private detention facility; shelter 470
facility; organization; certified organization; child day-care 471
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center; type A family day-care home; certified type B family 472
day-care home; group home; institution; state institution; 473
residential facility; residential care facility; residential 474
camp; day camp; hospital; or medical clinic; 475
(c) Any other person who performs a similar function with 477
respect to, or has a similar relationship to, children. 478
(30)(34) "Physically impaired" means having one or more of 480
the following conditions that substantially limit one or more of 481
an individual's major life activities, including self-care, 482
receptive and expressive language, learning, mobility, and 483
self-direction:
(a) A substantial impairment of vision, speech, or 485
hearing;
(b) A congenital orthopedic impairment; 487
(c) An orthopedic impairment caused by disease, rheumatic 490
fever or any other similar chronic or acute health problem, or 491
amputation or another similar cause.
(31)(35) "Placement for adoption" means the arrangement by 493
a public children services agency or a private child placing 494
agency with a person for the care and adoption by that person of 495
a child of whom the agency has permanent custody. 496
(32)(36) "Placement in foster care" means the arrangement 499
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 500
temporary custody or permanent custody. 501
(33)(37) "Practice of social work" and "practice of 503
professional counseling" have the same meanings as in section 505
4757.01 of the Revised Code. 506
(34)(38) "Probation" means a legal status created by court 508
order following an adjudication that a child is a delinquent 509
child, a juvenile traffic offender, or an unruly child, whereby 510
the child is permitted to remain in the parent's, guardian's, or 511
custodian's home subject to supervision, or under the supervision 512
of any agency designated by the court and returned to the court 513
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for violation of probation at any time during the period of 514
probation. 515
(35)(39) "Protective supervision" means an order of 517
disposition pursuant to which the court permits an abused, 518
neglected, dependent, unruly, or delinquent child or a juvenile 519
traffic offender to remain in the custody of the child's parents, 520
guardian, or custodian and stay in the child's home, subject to 521
any conditions and limitations upon the child, the child's 523
parents, guardian, or custodian, or any other person that the 525
court prescribes, including supervision as directed by the court 526
for the protection of the child. 527
(36)(40) "Psychiatrist" has the same meaning as in section 529
5122.01 of the Revised Code. 530
(37)(41) "Psychologist" has the same meaning as in section 532
4732.01 of the Revised Code. 533
(38)(42) "Residential camp" means a program in which the 535
care, physical custody, or control of children is accepted 538
overnight for recreational or recreational and educational 539
purposes.
(39)(43) "Residential care facility" means an institution, 541
residence, or facility that is licensed by the department of 542
mental health under section 5119.22 of the Revised Code and that 543
provides care for a child. 544
(40)(44) "Residential facility" means a home or facility 546
that is licensed by the department of mental retardation and 547
developmental disabilities under section 5123.19 of the Revised 548
Code and in which a child with a developmental disability 549
resides. 550
(41)(45) "Residual parental rights, privileges, and 552
responsibilities" means those rights, privileges, and 553
responsibilities remaining with the natural parent after the 554
transfer of legal custody of the child, including, but not 555
necessarily limited to, the privilege of reasonable visitation, 556
consent to adoption, the privilege to determine the child's 557
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religious affiliation, and the responsibility for support. 558
(42)(46) "SCHOOL DAY" MEANS THE SCHOOL DAY ESTABLISHED BY 560
THE STATE BOARD OF EDUCATION PURSUANT TO SECTION 3313.48 OF THE 562
REVISED CODE. 563
(47) "SCHOOL MONTH" AND "SCHOOL YEAR" HAVE THE SAME 565
MEANINGS AS IN SECTION 3313.62 OF THE REVISED CODE. 566
(48) "Secure correctional facility" means a facility under 569
the direction of the department of youth services that is
designed to physically restrict the movement and activities of 570
children and used for the placement of children after 571
adjudication and disposition.
(43)(49) "Sexual activity" has the same meaning as in 573
section 2907.01 of the Revised Code. 574
(44)(50) "Shelter" means the temporary care of children in 576
physically unrestricted facilities pending court adjudication or 577
disposition. 578
(45)(51) "Shelter for victims of domestic violence" has 580
the same meaning as in section 3113.33 of the Revised Code. 581
(46)(52) "Temporary custody" means legal custody of a 583
child who is removed from the child's home, which custody may be 584
terminated at any time at the discretion of the court or, if the 586
legal custody is granted in an agreement for temporary custody, 587
by the person who executed the agreement. 588
(C) For the purposes of this chapter, a child shall be 590
presumed abandoned when the parents of the child have failed to 591
visit or maintain contact with the child for more than ninety 592
days, regardless of whether the parents resume contact with the 593
child after that period of ninety days. 594
Sec. 2151.02. As used in this chapter, "delinquent child" 603
includes any of the following: 604
(A) Any child who violates any law of this state or the 606
United States, or any ordinance or regulation of a political 607
subdivision of the state, that would be a crime if committed by 608
an adult, except as provided in section 2151.021 of the Revised 609
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Code;
(B) Any child who violates any lawful order of the court 611
made under this chapter; 612
(C) Any child who violates division (A) of section 614
2923.211 of the Revised Code; 615
(D) Any child who violates division (A)(1) or (2) of 617
section 3730.07 of the Revised Code; 618
(E) ANY CHILD WHO IS AN HABITUAL TRUANT AND WHO PREVIOUSLY 620
HAS BEEN ADJUDICATED AN UNRULY CHILD FOR BEING AN HABITUAL 621
TRUANT;
(F) ANY CHILD WHO IS A CHRONIC TRUANT. 623
Sec. 2151.022. As used in this chapter, "unruly child" 632
includes any of the following: 633
(A) Any child who does not subject himself or herself THE 635
CHILD'S SELF to the reasonable control of his or her THE CHILD'S 638
parents, teachers, guardian, or custodian, by reason of being 640
wayward or habitually disobedient;
(B) Any child who is an habitual PERSISTENTLY truant from 642
home or school; 644
(C) ANY CHILD WHO IS AN HABITUAL TRUANT FROM SCHOOL AND 646
WHO PREVIOUSLY HAS NOT BEEN ADJUDICATED AN UNRULY CHILD FOR BEING 647
AN HABITUAL TRUANT;
(D) Any child who so deports himself or herself THE 649
CHILD'S SELF as to injure or endanger his or her THE CHILD'S OWN 653
health or morals or the health or morals of others; 654
(D)(E) Any child who attempts to enter the marriage 656
relation in any state without the consent of his or her THE 658
CHILD'S parents, custodian, or legal guardian or other legal 660
authority;
(E)(F) Any child who is found in a disreputable place, 662
visits or patronizes a place prohibited by law, or associates 664
with vagrant, vicious, criminal, notorious, or immoral persons; 665
(F)(G) Any child who engages in an occupation prohibited 667
by law or is in a situation dangerous to life or limb or 669
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injurious to his or her THE CHILD'S OWN health or morals or the 671
health or morals of others;
(G)(H) Any child who violates a law, other than division 673
(A) of section 2923.211 of the Revised Code, that is applicable 675
only to a child.
Sec. 2151.18. (A)(1) The juvenile court shall maintain 684
records of all official cases brought before it, including, BUT 685
NOT LIMITED TO, an appearance docket, a journal, and a cashbook, 687
RECORDS OF THE TYPE REQUIRED BY DIVISION (A)(2) OF SECTION 688
2151.35 OF THE REVISED CODE, AND, IN CASES PERTAINING TO AN 689
ALLEGED DELINQUENT CHILD, ARREST AND CUSTODY RECORDS, COMPLAINTS, 690
JOURNAL ENTRIES, AND HEARING SUMMARIES. The court shall maintain 692
a separate docket for traffic cases and shall record all traffic 693
cases on the separate docket instead of on the general appearance 695
docket. The parents of any child affected, if they are living, 696
or the nearest of kin of the child, if the parents are deceased, 697
may inspect these records, either in person or by counsel during 698
the hours in which the court is open.
(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
17
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
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
18
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
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
19
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
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
20
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.
(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
21
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
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
22
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
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
23
(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
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
24
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
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
25
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.
(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
26
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
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
27
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
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
28
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
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
29
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
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
30
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
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
31
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
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
32
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. 2151.311. (A) A person taking a child into custody 1,359
shall, with all reasonable speed and in accordance with division 1,360
(C) of this section, either: 1,361
(1) Release the child to the child's parents, guardian, or 1,363
other custodian, unless the child's detention or shelter care 1,364
appears to be warranted or required as provided in section 1,366
2151.31 of the Revised Code; 1,367
(2) Bring the child to the court or deliver the child to a 1,369
place of detention or shelter care designated by the court and 1,370
promptly give notice thereof, together with a statement of the 1,371
reason for taking the child into custody, to a parent, guardian, 1,372
or other custodian and to the court. 1,373
(B) If a parent, guardian, or other custodian fails, when 1,375
requested by the court, to bring the child before the court as 1,376
provided by this section, the court may issue its warrant 1,377
directing that the child be taken into custody and brought before 1,378
the court. 1,379
(C)(1) Before taking any action required by division (A) 1,381
of this section, a person taking a child into custody may hold 1,382
the child for processing purposes in a county, multicounty, or 1,383
municipal jail or workhouse, or other place where an adult 1,384
convicted of crime, under arrest, or charged with crime is held 1,385
for either of the following periods of time: 1,386
(a) For a period not to exceed six hours, if all of the 1,388
following apply: 1,389
(i) The child is alleged to be a delinquent child for the 1,391
commission of an act that would be a felony if committed by an 1,392
33
adult; 1,393
(ii) The child remains beyond the range of touch of all 1,396
adult detainees;
(iii) The child is visually supervised by jail or 1,398
workhouse personnel at all times during the detention; 1,399
(iv) The child is not handcuffed or otherwise physically 1,401
secured to a stationary object during the detention. 1,402
(b) For a period not to exceed three hours, if all of the 1,404
following apply: 1,405
(i) The child is alleged to be a delinquent child for the 1,407
commission of an act that would be a misdemeanor if committed by 1,408
an adult, IS ALLEGED TO BE A DELINQUENT CHILD FOR BEING A CHRONIC 1,409
TRUANT OR AN HABITUAL TRUANT WHO PREVIOUSLY HAS BEEN ADJUDICATED 1,410
AN UNRULY CHILD FOR BEING AN HABITUAL TRUANT, or is alleged to be 1,411
an unruly child or a juvenile traffic offender; 1,413
(ii) The child remains beyond the range of touch of all 1,416
adult detainees;
(iii) The child is visually supervised by jail or 1,418
workhouse personnel at all times during the detention; 1,419
(iv) The child is not handcuffed or otherwise physically 1,421
secured to a stationary object during the detention. 1,422
(2) If a child has been transferred to an adult court for 1,424
prosecution for the alleged commission of a criminal offense, 1,425
subsequent to the transfer, the child may be held as described in 1,427
division (C)(F) of section 2151.312 or division (B) of section 1,428
5120.16 of the Revised Code. 1,429
(D) As used in division (C)(1) of this section, 1,431
"processing purposes" means all of the following: 1,432
(1) Fingerprinting, photographing, or fingerprinting and 1,434
photographing the child in a secure area of the facility; 1,435
(2) Interrogating the child, contacting the child's parent 1,437
or guardian, arranging for placement of the child, or arranging 1,438
for transfer or transferring the child, while holding the child 1,439
in a nonsecure area of the facility. 1,440
34
Sec. 2151.312. (A) Except as provided in divisions (B) 1,449
and (F) of this section, a child alleged to be or adjudicated a 1,450
delinquent child, an unruly child, or a juvenile traffic offender 1,451
may be held only in the following places: 1,452
(1) A certified family foster home or a home approved by 1,454
the court; 1,455
(2) A facility operated by a certified child welfare 1,457
agency; 1,458
(3) Any other suitable place designated by the court. 1,460
(B) In addition to the places listed in division (A) of 1,462
this section, a child alleged to be or adjudicated a delinquent 1,463
child may be held in a detention home or center for delinquent 1,464
children that is under the direction or supervision of the court 1,465
or other public authority or of a private agency and approved by 1,466
the court. DIVISION (B) OF THIS SECTION DOES NOT APPLY TO A 1,467
CHILD ALLEGED TO BE OR ADJUDICATED A DELINQUENT CHILD FOR CHRONIC 1,468
TRUANCY, UNLESS THE CHILD VIOLATED A LAWFUL COURT ORDER MADE 1,469
PURSUANT TO DIVISION (A)(23) OF SECTION 2151.355 OF THE REVISED 1,471
CODE. DIVISION (B) OF THIS SECTION ALSO DOES NOT APPLY TO A 1,472
CHILD ALLEGED TO BE OR ADJUDICATED A DELINQUENT CHILD FOR BEING 1,474
AN HABITUAL TRUANT WHO PREVIOUSLY HAS BEEN ADJUDICATED AN UNRULY 1,475
CHILD FOR BEING AN HABITUAL TRUANT, UNLESS THE CHILD VIOLATED A 1,476
LAWFUL COURT ORDER MADE PURSUANT TO DIVISION (C)(1)(e) OF SECTION 1,478
2151.354 OF THE REVISED CODE.
(C)(1) Except as provided under division (C)(1) of section 1,480
2151.311 of the Revised Code or division (A)(6) of section 1,481
2151.356 of the Revised Code, a child alleged to be or 1,483
adjudicated a neglected child, an abused child, a dependent
child, an unruly child, or a juvenile traffic offender may not be 1,484
held in any of the following facilities: 1,485
(a) A state correctional institution, county, multicounty, 1,488
or municipal jail or workhouse, or other place in which an adult 1,489
convicted of crime, under arrest, or charged with a crime is 1,490
held.
35
(b) A secure correctional facility. 1,492
(2) Except as provided under sections 2151.56 to 2151.61 1,494
and division (A)(6) of section 2151.356 of the Revised Code and 1,495
division (C)(3) of this section, a child alleged to be or 1,496
adjudicated an unruly child or a juvenile traffic offender may 1,497
not be held for more than twenty-four hours in a detention home. 1,498
A child alleged to be or adjudicated a neglected child, an abused 1,499
child, or a dependent child shall not be held in a detention
home.
(3) A child who is alleged to be or who is adjudicated an 1,501
unruly child and who is taken into custody on a Saturday, Sunday, 1,503
or legal holiday, as listed in section 1.14 of the Revised Code,
may be held in a detention home until the next succeeding day 1,504
that is not a Saturday, Sunday, or legal holiday. 1,505
(D) Except as provided in division (F) of this section or 1,507
in division (C) of section 2151.311, in division (C)(2) of 1,508
section 5139.06 and section 5120.162, or in division (B) of 1,510
section 5120.16 of the Revised Code, a child who is alleged to be 1,511
or is adjudicated a delinquent child may not be held in a state 1,512
correctional institution, county, multicounty, or municipal jail 1,513
or workhouse, or other place where an adult convicted of crime, 1,514
under arrest, or charged with crime is held. 1,515
(E) Unless the detention is pursuant to division (F) of 1,517
this section or division (C) of section 2151.311, division (C)(2) 1,519
of section 5139.06 and section 5120.162, or division (B) of 1,521
section 5120.16 of the Revised Code, the official in charge of 1,522
the institution, jail, workhouse, or other facility shall inform 1,523
the court immediately when a child, who is or appears to be under 1,524
the age of eighteen years, is received at the facility, and shall 1,525
deliver the child to the court upon request or transfer the child 1,526
to a detention facility designated by the court. 1,527
(F) If a case is transferred to another court for criminal 1,529
prosecution pursuant to section 2151.26 of the Revised Code, the 1,530
child may be transferred for detention pending the criminal 1,531
36
prosecution in a jail or other facility in accordance with the 1,532
law governing the detention of persons charged with crime. Any 1,533
child so held shall be confined in a manner that keeps the child 1,534
beyond the range of touch of all adult detainees. The child 1,535
shall be supervised at all times during the detention. 1,536
Sec. 2151.313. (A)(1) Except as provided in division 1,546
(A)(2) of this section and in sections 109.57, 109.60, and 109.61 1,548
of the Revised Code, no child shall be fingerprinted or 1,549
photographed in the investigation of any violation of law without 1,550
the consent of the juvenile judge. 1,551
(2) Subject to division (A)(3) of this section, a law 1,554
enforcement officer may fingerprint and photograph a child 1,555
without the consent of the juvenile judge when the child is 1,556
arrested or otherwise taken into custody for the commission of an 1,557
act that would be an offense, other than a traffic offense or a 1,558
minor misdemeanor, if committed by an adult, and there is 1,559
probable cause to believe that the child may have been involved 1,560
in the commission of the act. A law enforcement officer who 1,561
takes fingerprints or photographs of a child under division 1,562
(A)(2) of this section immediately shall inform the juvenile 1,563
court that the fingerprints or photographs were taken and shall 1,564
provide the court with the identity of the child, the number of 1,565
fingerprints and photographs taken, and the name and address of 1,566
each person who has custody and control of the fingerprints or 1,567
photographs or copies of the fingerprints or photographs. 1,568
(3) This section does not apply to a child to whom either 1,571
of the following applies:
(a) The child has been arrested or otherwise taken into 1,574
custody for committing, or has been adjudicated a delinquent 1,575
child for committing, an act that would be a felony if committed 1,576
by an adult or has been convicted of or pleaded guilty to 1,577
committing a felony. 1,578
(b) There is probable cause to believe that the child may 1,581
have committed an act that would be a felony if committed by an 1,583
37
adult.
(B)(1) Subject to divisions (B)(4), (5), and (6) of this 1,585
section, all fingerprints and photographs of a child obtained or 1,586
taken under division (A)(1) or (2) of this section, and any 1,587
records of the arrest or custody of the child that was the basis 1,588
for the taking of the fingerprints or photographs, initially may 1,589
be retained only until the expiration of thirty days after the 1,590
date taken, except that the court may limit the initial retention 1,591
of fingerprints and photographs of a child obtained under 1,592
division (A)(1) of this section to a shorter period of time and 1,593
except that, if the child is adjudicated a delinquent child for 1,594
the commission of an act described in division (B)(3) of this 1,595
section or is convicted of or pleads guilty to a criminal offense 1,596
for the commission of an act described in division (B)(3) of this 1,597
section, the fingerprints and photographs, and the records of the 1,598
arrest or custody of the child that was the basis for the taking 1,599
of the fingerprints and photographs, shall be retained in 1,600
accordance with division (B)(3) of this section. During the 1,601
initial period of retention, the fingerprints and photographs of 1,602
a child, copies of the fingerprints and photographs, and records 1,603
of the arrest or custody of the child shall be used or released 1,604
only in accordance with division (C) of this section. At the 1,605
expiration of the initial period for which fingerprints and 1,606
photographs of a child, copies of fingerprints and photographs of 1,607
a child, and records of the arrest or custody of a child may be 1,608
retained under this division, if no complaint is pending against 1,609
the child in relation to the act for which the fingerprints and 1,610
photographs originally were obtained or taken and if the child 1,611
has neither been adjudicated a delinquent child for the 1,612
commission of that act nor been convicted of or pleaded guilty to 1,613
a criminal offense based on that act subsequent to a transfer of 1,614
the child's case for criminal prosecution pursuant to section 1,615
2151.26 of the Revised Code, the fingerprints and photographs of 1,616
the child, all copies of the fingerprints and photographs, and 1,617
38
all records of the arrest or custody of the child that was the 1,618
basis of the taking of the fingerprints and photographs shall be 1,619
removed from the file and delivered to the juvenile court. 1,620
(2) If, at the expiration of the initial period of 1,622
retention set forth in division (B)(1) of this section, a 1,623
complaint is pending against the child in relation to the act for 1,624
which the fingerprints and photographs originally were obtained 1,625
or the child either has been adjudicated a delinquent child for 1,626
the commission of an act other than an act described in division 1,627
(B)(3) of this section or has been convicted of or pleaded guilty 1,628
to a criminal offense for the commission of an act other than an 1,629
act described in division (B)(3) of this section subsequent to 1,630
transfer of the child's case, the fingerprints and photographs of 1,631
the child, copies of the fingerprints and photographs, and the 1,632
records of the arrest or custody of the child that was the basis 1,633
of the taking of the fingerprints and photographs may further be 1,634
retained, subject to division (B)(4) of this section, until the 1,635
earlier of the expiration of two years after the date on which 1,636
the fingerprints or photographs were taken or the child attains 1,637
eighteen years of age, except that, if the child is adjudicated a 1,638
delinquent child for the commission of an act described in 1,639
division (B)(3) of this section or is convicted of or pleads 1,640
guilty to a criminal offense for the commission of an act 1,641
described in division (B)(3) of this section, the fingerprints 1,642
and photographs, and the records of the arrest or custody of the 1,643
child that was the basis for the taking of the fingerprints and 1,644
photographs, shall be retained in accordance with division (B)(3) 1,645
of this section. 1,646
Except as otherwise provided in division (B)(3) of this 1,648
section, during this additional period of retention, the 1,649
fingerprints and photographs of a child, copies of the 1,650
fingerprints and photographs of a child, and records of the 1,651
arrest or custody of a child shall be used or released only in 1,652
accordance with division (C) of this section. At the expiration 1,653
39
of the additional period, if no complaint is pending against the 1,654
child in relation to the act for which the fingerprints 1,655
originally were obtained or taken or in relation to another act 1,656
for which the fingerprints were used as authorized by division 1,657
(C) of this section and that would be a felony if committed by an 1,658
adult, the fingerprints of the child, all copies of the 1,659
fingerprints, and all records of the arrest or custody of the 1,660
child that was the basis of the taking of the fingerprints shall 1,661
be removed from the file and delivered to the juvenile court, 1,662
and, if no complaint is pending against the child concerning the 1,663
act for which the photographs originally were obtained or taken 1,664
or concerning an act that would be a felony if committed by an 1,665
adult, the photographs and all copies of the photographs, and, if 1,666
no fingerprints were taken at the time the photographs were 1,667
taken, all records of the arrest or custody that was the basis of 1,668
the taking of the photographs shall be removed from the file and 1,669
delivered to the juvenile court. In either case, if, at the 1,670
expiration of the applicable additional period, such a complaint 1,671
is pending against the child, the photographs and copies of the 1,672
photographs of the child, or the fingerprints and copies of the 1,673
fingerprints of the child, whichever is applicable, and the 1,674
records of the arrest or custody of the child may be retained, 1,675
subject to division (B)(4) of this section, until final 1,676
disposition of the complaint, and, upon final disposition of the 1,677
complaint, they shall be removed from the file and delivered to 1,678
the juvenile court, except that, if the child is adjudicated a 1,679
delinquent child for the commission of an act described in 1,680
division (B)(3) of this section or is convicted of or pleads 1,681
guilty to a criminal offense for the commission of an act 1,682
described in division (B)(3) of this section, the fingerprints 1,683
and photographs, and the records of the arrest or custody of the 1,684
child that was the basis for the taking of the fingerprints and 1,685
photographs, shall be retained in accordance with division (B)(3) 1,686
of this section. 1,687
40
(3) If a child is adjudicated a delinquent child for 1,689
violating section 2923.42 of the Revised Code or for committing 1,691
an act that would be a misdemeanor offense of violence if
committed by an adult, or is convicted of or pleads guilty to a 1,693
violation of section 2923.42 of the Revised Code, a misdemeanor 1,695
offense of violence, or a violation of an existing or former 1,696
municipal ordinance or law of this state, another state, or the 1,698
United States that is substantially equivalent to section 2923.42 1,699
of the Revised Code or any misdemeanor offense of violence, both 1,700
of the following apply: 1,701
(a) Originals and copies of fingerprints and photographs 1,703
of the child obtained or taken under division (A)(1) of this 1,704
section, and any records of the arrest or custody that was the 1,705
basis for the taking of the fingerprints or photographs, may be 1,706
retained for the period of time specified by the juvenile judge 1,707
in that judge's grant of consent for the taking of the 1,708
fingerprints or photographs. Upon the expiration of the 1,709
specified period, all originals and copies of the fingerprints, 1,710
photographs, and records shall be delivered to the juvenile court 1,711
or otherwise disposed of in accordance with any instructions 1,712
specified by the juvenile judge in that judge's grant of consent. 1,713
During the period of retention of the photographs and records, 1,714
all originals and copies of them shall be retained in a file 1,715
separate and apart from all photographs taken of adults. During 1,716
the period of retention of the fingerprints, all originals and 1,717
copies of them may be maintained in the files of fingerprints 1,718
taken of adults. If the juvenile judge who grants consent for 1,719
the taking of fingerprints and photographs under division (A)(1) 1,720
of this section does not specify a period of retention in that 1,721
judge's grant of consent, originals and copies of the 1,723
fingerprints, photographs, and records may be retained in 1,724
accordance with this section as if the fingerprints and 1,725
photographs had been taken under division (A)(2) of this section. 1,726
(b) Originals and copies of fingerprints and photographs 1,728
41
taken under division (A)(2) of this section, and any records of 1,729
the arrest or custody that was the basis for the taking of the 1,730
fingerprints or photographs, may be retained for the period of 1,731
time and in the manner specified in division (B)(3)(b) of this 1,733
section. Prior to the child's attainment of eighteen years of 1,734
age, all originals and copies of the photographs and records 1,735
shall be retained and shall be kept in a file separate and apart 1,736
from all photographs taken of adults. During the period of 1,737
retention of the fingerprints, all originals and copies of them 1,738
may be maintained in the files of fingerprints taken of adults. 1,739
Upon the child's attainment of eighteen years of age, all 1,740
originals and copies of the fingerprints, photographs, and 1,741
records shall be disposed of as follows: 1,742
(i) If the juvenile judge issues or previously has issued 1,744
an order that specifies a manner of disposition of the originals 1,745
and copies of the fingerprints, photographs, and records, they 1,746
shall be delivered to the juvenile court or otherwise disposed of 1,747
in accordance with the order. 1,748
(ii) If the juvenile judge does not issue and has not 1,750
previously issued an order that specifies a manner of disposition 1,751
of the originals and copies of the fingerprints not maintained in 1,752
adult files, photographs, and records, the law enforcement 1,753
agency, in its discretion, either shall remove all originals and 1,754
copies of them from the file in which they had been maintained 1,755
and transfer them to the files that are used for the retention of 1,756
fingerprints and photographs taken of adults who are arrested 1,757
for, otherwise taken into custody for, or under investigation for 1,758
the commission of a criminal offense or shall remove them from 1,759
the file in which they had been maintained and deliver them to 1,760
the juvenile court. If the originals and copies of any 1,761
fingerprints of a child who attains eighteen years of age are 1,762
maintained in the files of fingerprints taken of adults or if 1,763
pursuant to division (B)(3)(b)(ii) of this section the agency 1,765
transfers the originals and copies of any fingerprints not 1,766
42
maintained in adult files, photographs, or records to the files 1,767
that are used for the retention of fingerprints and photographs 1,768
taken of adults who are arrested for, otherwise taken into 1,769
custody for, or under investigation for the commission of a 1,770
criminal offense, the originals and copies of the fingerprints, 1,771
photographs, and records may be maintained, used, and released 1,772
after they are maintained in the adult files or after the 1,773
transfer as if the fingerprints and photographs had been taken 1,774
of, and as if the records pertained to, an adult who was arrested 1,775
for, otherwise taken into custody for, or under investigation for 1,776
the commission of a criminal offense. 1,777
(4) If a sealing or expungement order issued under section 1,779
2151.358 of the Revised Code requires the sealing or destruction 1,780
of any fingerprints or photographs of a child obtained or taken 1,781
under division (A)(1) or (2) of this section or of the records of 1,782
an arrest or custody of a child that was the basis of the taking 1,783
of the fingerprints or photographs prior to the expiration of any 1,784
period for which they otherwise could be retained under division 1,785
(B)(1), (2), or (3) of this section, the fingerprints, 1,786
photographs, and arrest or custody records that are subject to 1,787
the order and all copies of the fingerprints, photographs, and 1,788
arrest or custody records shall be sealed or destroyed in 1,789
accordance with the order. 1,790
(5) All fingerprints of a child, photographs of a child, 1,792
records of an arrest or custody of a child, and copies delivered 1,793
to a juvenile court in accordance with division (B)(1), (2), or 1,794
(3) of this section shall be destroyed by the court, PROVIDED 1,795
THAT, IF A COMPLAINT IS FILED AGAINST THE CHILD IN RELATION TO 1,797
ANY ACT TO WHICH THE RECORDS PERTAIN, THE COURT SHALL MAINTAIN
ALL RECORDS OF AN ARREST OR CUSTODY OF A CHILD SO DELIVERED FOR 1,799
AT LEAST THREE YEARS AFTER THE FINAL DISPOSITION OF THE CASE OR 1,800
AFTER THE CASE BECOMES INACTIVE.
(6)(a) All photographs of a child and records of an arrest 1,802
or custody of a child retained pursuant to division (B) of this 1,803
43
section and not delivered to a juvenile court shall be kept in a 1,804
file separate and apart from fingerprints, photographs, and 1,805
records of an arrest or custody of an adult. All fingerprints of 1,806
a child retained pursuant to division (B) of this section and not 1,807
delivered to a juvenile court may be maintained in the files of 1,808
fingerprints taken of adults. 1,809
(b) If a child who is the subject of photographs or 1,811
fingerprints is adjudicated a delinquent child for the commission 1,812
of an act that would be an offense, other than a traffic offense 1,814
or a minor misdemeanor, if committed by an adult or is convicted 1,815
of or pleads guilty to a criminal offense, other than a traffic
offense or a minor misdemeanor, all fingerprints not maintained 1,817
in the files of fingerprints taken of adults and all photographs 1,818
of the child, and all records of the arrest or custody of the 1,819
child that is the basis of the taking of the fingerprints or 1,820
photographs, that are retained pursuant to division (B) of this 1,821
section and not delivered to a juvenile court shall be kept in a 1,822
file separate and apart from fingerprints, photographs, and 1,823
arrest and custody records of children who have not been 1,824
adjudicated a delinquent child for the commission of an act that 1,825
would be an offense, other than a traffic offense or a minor 1,826
misdemeanor, if committed by an adult and have not been convicted 1,827
of or pleaded guilty to a criminal offense other than a traffic 1,828
offense or a minor misdemeanor. 1,829
(C) Until they are delivered to the juvenile court or 1,831
sealed, transferred in accordance with division (B)(3)(b) of this 1,832
section, or destroyed pursuant to a sealing or expungement order, 1,833
the originals and copies of fingerprints and photographs of a 1,834
child that are obtained or taken pursuant to division (A)(1) or 1,835
(2) of this section, and the records of the arrest or custody of 1,836
the child that was the basis of the taking of the fingerprints or 1,837
photographs, shall be used or released only as follows: 1,838
(1) During the initial thirty-day period of retention, 1,840
originals and copies of fingerprints and photographs of a child, 1,841
44
and records of the arrest or custody of a child, shall be used, 1,842
prior to the filing of a complaint against the child in relation 1,843
to the act for which the fingerprints and photographs were 1,844
originally obtained or taken, only for the investigation of that 1,845
act and shall be released, prior to the filing of the complaint, 1,846
only to a court that would have jurisdiction of the child's case 1,847
under this chapter. Subsequent to the filing of a complaint, 1,848
originals and copies of fingerprints and photographs of a child, 1,849
and records of the arrest or custody of a child, shall be used or 1,850
released during the initial thirty-day period of retention only 1,851
as provided in division (C)(2)(a), (b), or (c) of this section. 1,852
(2) Originals and copies of fingerprints and photographs 1,854
of a child, and records of the arrest or custody of a child, that 1,855
are retained beyond the initial thirty-day period of retention 1,856
subsequent to the filing of a complaint, a delinquent child 1,857
adjudication, or a conviction of or guilty plea to a criminal 1,858
offense shall be used or released only as follows: 1,859
(a) Originals and copies of photographs of a child, and, 1,861
if no fingerprints were taken at the time the photographs were 1,862
taken, records of the arrest or custody of the child that was the 1,863
basis of the taking of the photographs, may be used only as 1,864
follows: 1,865
(i) They may be used for the investigation of the act for 1,867
which they originally were obtained or taken; if the child who is 1,868
the subject of the photographs is a suspect in the investigation, 1,869
for the investigation of any act that would be an offense if 1,870
committed by an adult; and for arresting or bringing the child 1,871
into custody. 1,872
(ii) If the child who is the subject of the photographs is 1,874
adjudicated a delinquent child for the commission of an act that 1,875
would be a felony if committed by an adult or is convicted of or 1,876
pleads guilty to a criminal offense that is a felony as a result 1,877
of the arrest or custody that was the basis of the taking of the 1,878
photographs, a law enforcement officer may use the photographs 1,879
45
for a photo line-up conducted as part of the investigation of any 1,880
act that would be a felony if committed by an adult, whether or 1,881
not the child who is the subject of the photographs is a suspect 1,882
in the investigation. 1,883
(b) Originals and copies of fingerprints of a child, and 1,885
records of the arrest or custody of the child that was the basis 1,886
of the taking of the fingerprints, may be used only for the 1,887
investigation of the act for which they originally were obtained 1,888
or taken; if a child is a suspect in the investigation, for the 1,889
investigation of another act that would be an offense if 1,890
committed by an adult; and for arresting or bringing the child 1,891
into custody. 1,892
(c) Originals and copies of fingerprints, photographs, and 1,894
records of the arrest or custody that was the basis of the taking 1,895
of the fingerprints or photographs shall be released only to the 1,896
following: 1,897
(i) Law enforcement officers of this state or a political 1,899
subdivision of this state, upon notification to the juvenile 1,900
court of the name and address of the law enforcement officer or 1,901
agency to whom or to which they will be released; 1,902
(ii) A court that has jurisdiction of the child's case 1,904
under Chapter 2151. of the Revised Code or subsequent to a 1,905
transfer of the child's case for criminal prosecution pursuant to 1,906
section 2151.26 of the Revised Code. 1,907
(D) No person shall knowingly do any of the following: 1,909
(1) Fingerprint or photograph a child in the investigation 1,911
of any violation of law other than as provided in division (A)(1) 1,912
or (2) of this section or in sections 109.57, 109.60, and 109.61 1,914
of the Revised Code;
(2) Retain fingerprints or photographs of a child obtained 1,916
or taken under division (A)(1) or (2) of this section, copies of 1,917
fingerprints or photographs of that nature, or records of the 1,919
arrest or custody that was the basis of the taking of 1,920
fingerprints or photographs of that nature other than in 1,921
46
accordance with division (B) of this section; 1,923
(3) Use or release fingerprints or photographs of a child 1,925
obtained or taken under division (A)(1) or (2) of this section, 1,926
copies of fingerprints or photographs of that nature, or records 1,928
of the arrest or custody that was the basis of the taking of 1,929
fingerprints or photographs of that nature other than in 1,930
accordance with division (B) or (C) of this section. 1,931
Sec. 2151.35. (A)(1) The juvenile court may conduct its 1,940
hearings in an informal manner and may adjourn its hearings from 1,941
time to time. In the hearing of any case, the general public may 1,942
be excluded and only those persons admitted who have a direct 1,943
interest in the case. 1,944
All EXCEPT CASES INVOLVING CHILDREN WHO ARE ALLEGED TO BE 1,946
UNRULY OR DELINQUENT CHILDREN FOR BEING HABITUAL OR CHRONIC 1,947
TRUANTS, ALL cases involving children shall be heard separately 1,949
and apart from the trial of cases against adults. The court may 1,950
excuse the attendance of the child at the hearing in cases 1,951
involving abused, neglected, or dependent children. The court 1,952
shall hear and determine all cases of children without a jury, 1,953
EXCEPT THAT SECTION 2151.47 OF THE REVISED CODE SHALL APPLY IN 1,957
CASES INVOLVING A COMPLAINT THAT JOINTLY ALLEGES THAT A CHILD IS 1,958
AN UNRULY OR DELINQUENT CHILD FOR BEING AN HABITUAL OR CHRONIC 1,960
TRUANT AND THAT A PARENT, GUARDIAN, OR OTHER PERSON HAVING CARE 1,963
OF THE CHILD FAILED TO CAUSE THE CHILD'S ATTENDANCE AT SCHOOL. 1,964
IF A COMPLAINT ALLEGES A CHILD TO BE A DELINQUENT CHILD, 1,966
UNRULY CHILD, OR JUVENILE TRAFFIC OFFENDER, THE COURT SHALL 1,967
REQUIRE THE PARENT, GUARDIAN, OR CUSTODIAN OF THE CHILD TO ATTEND 1,968
ALL PROCEEDINGS OF THE COURT REGARDING THE CHILD. IF A PARENT, 1,969
GUARDIAN, OR CUSTODIAN FAILS TO SO ATTEND, THE COURT MAY FIND THE 1,970
PARENT, GUARDIAN, OR CUSTODIAN IN CONTEMPT. 1,971
If the court at the adjudicatory hearing finds from clear 1,973
and convincing evidence that the child is an abused, neglected, 1,974
or dependent child, the court shall proceed, in accordance with 1,975
division (B) of this section, to hold a dispositional hearing and 1,976
47
hear the evidence as to the proper disposition to be made under 1,977
section 2151.353 of the Revised Code. If the court at the 1,978
adjudicatory hearing finds beyond a reasonable doubt that the 1,979
child is a delinquent or unruly child or a juvenile traffic 1,980
offender, the court shall proceed immediately, or at a postponed 1,981
hearing, to hear the evidence as to the proper disposition to be 1,982
made under sections 2151.352 to 2151.355 of the Revised Code. If 1,984
THE COURT AT THE ADJUDICATORY HEARING FINDS BEYOND A REASONABLE 1,985
DOUBT THAT THE CHILD IS AN UNRULY CHILD FOR BEING AN HABITUAL 1,986
TRUANT, OR THAT THE CHILD IS AN UNRULY CHILD FOR BEING AN 1,987
HABITUAL TRUANT AND THAT THE PARENT, GUARDIAN, OR OTHER PERSON 1,988
HAVING CARE OF THE CHILD HAS FAILED TO CAUSE THE CHILD'S 1,989
ATTENDANCE AT SCHOOL IN VIOLATION OF SECTION 3321.38 OF THE 1,992
REVISED CODE, THE COURT SHALL PROCEED TO HOLD A HEARING TO HEAR 1,994
THE EVIDENCE AS TO THE PROPER DISPOSITION TO BE MADE IN REGARD TO 1,996
THE CHILD UNDER DIVISION (C)(1) OF SECTION 2151.354 OF THE 1,998
REVISED CODE AND THE PROPER ACTION TO TAKE IN REGARD TO THE 1,999
PARENT, GUARDIAN, OR OTHER PERSON HAVING CARE OF THE CHILD UNDER 2,000
DIVISION (C)(2) OF SECTION 2151.354 OF THE REVISED CODE. IF THE 2,005
COURT AT THE ADJUDICATORY HEARING FINDS BEYOND A REASONABLE DOUBT 2,006
THAT THE CHILD IS A DELINQUENT CHILD FOR BEING A CHRONIC TRUANT
OR FOR BEING AN HABITUAL TRUANT WHO PREVIOUSLY HAS BEEN 2,007
ADJUDICATED AN UNRULY CHILD FOR BEING AN HABITUAL TRUANT, OR THAT 2,008
THE CHILD IS A DELINQUENT CHILD FOR EITHER OF THOSE REASONS AND 2,009
THE PARENT, GUARDIAN, OR OTHER PERSON HAVING CARE OF THE CHILD 2,010
HAS FAILED TO CAUSE THE CHILD'S ATTENDANCE AT SCHOOL IN VIOLATION 2,011
OF SECTION 3321.38 OF THE REVISED CODE, THE COURT SHALL PROCEED 2,012
TO HOLD A HEARING TO HEAR THE EVIDENCE AS TO THE PROPER 2,014
DISPOSITION TO BE MADE IN REGARD TO THE CHILD UNDER DIVISION 2,016
(A)(24)(a) OF SECTION 2151.355 OF THE REVISED CODE AND THE PROPER 2,018
ACTION TO TAKE IN REGARD TO THE PARENT, GUARDIAN, OR OTHER PERSON 2,019
HAVING CARE OF THE CHILD UNDER DIVISION (A)(24)(b) OF SECTION 2,020
2151.355 OF THE REVISED CODE. 2,021
IF the court does not find the child to be an abused, 2,024
48
neglected, dependent, delinquent, or unruly child or a juvenile 2,025
traffic offender, it shall order that the complaint be dismissed 2,026
and that the child be discharged from any detention or 2,027
restriction theretofore ordered. 2,028
(2) A record of all testimony and other oral proceedings 2,030
in juvenile court shall be made in all proceedings that are held 2,031
pursuant to section 2151.414 of the Revised Code or in which an 2,032
order of disposition may be made pursuant to division (A)(4) of 2,033
section 2151.353 of the Revised Code, and shall be made upon 2,034
request in any other proceedings. The record shall be made as 2,035
provided in section 2301.20 of the Revised Code. 2,036
(B)(1) If the court at an adjudicatory hearing determines 2,038
that a child is an abused, neglected, or dependent child, the 2,039
court shall not issue a dispositional order until after the court 2,040
holds a separate dispositional hearing. The court may hold the 2,041
dispositional hearing for an adjudicated abused, neglected, or 2,043
dependent child immediately after the adjudicatory hearing if all 2,045
parties were served prior to the adjudicatory hearing with all 2,046
documents required for the dispositional hearing. The 2,047
dispositional hearing may not be held more than thirty days after 2,048
the adjudicatory hearing is held. The court, upon the request of 2,049
any party or the guardian ad litem of the child, may continue a 2,050
dispositional hearing for a reasonable time not to exceed the 2,051
time limits set forth in this division to enable a party to 2,052
obtain or consult counsel. The dispositional hearing shall not 2,053
be held more than ninety days after the date on which the 2,054
complaint in the case was filed. 2,055
If the dispositional hearing is not held within the period 2,057
of time required by this division, the court, on its own motion 2,058
or the motion of any party or the guardian ad litem of the child, 2,059
shall dismiss the complaint without prejudice. 2,060
(2) The dispositional hearing shall be conducted in 2,062
accordance with all of the following: 2,063
(a) The judge or referee who presided at the adjudicatory 2,065
49
hearing shall preside, if possible, at the dispositional hearing; 2,066
(b) The court may admit any evidence that is material and 2,068
relevant, including, but not limited to, hearsay, opinion, and 2,069
documentary evidence; 2,070
(c) Medical examiners and each investigator who prepared a 2,072
social history shall not be cross-examined, except upon consent 2,073
of the parties, for good cause shown, or as the court in its 2,074
discretion may direct. Any party may offer evidence 2,075
supplementing, explaining, or disputing any information contained 2,076
in the social history or other reports that may be used by the 2,077
court in determining disposition. 2,078
(3) After the conclusion of the dispositional hearing, the 2,080
court shall enter an appropriate judgment within seven days and 2,081
shall schedule the date for the hearing to be held pursuant to 2,082
section 2151.415 of the Revised Code. The court may make any 2,083
order of disposition that is set forth in section 2151.353 of the 2,084
Revised Code. A copy of the judgment shall be given to each 2,085
party and to the child's guardian ad litem. If the judgment is 2,086
conditional, the order shall state the conditions of the 2,087
judgment. If the child is not returned to the child's own home, 2,089
the court shall determine which school district shall bear the 2,090
cost of the child's education and shall comply with section 2,092
2151.36 of the Revised Code.
(4) As part of its dispositional order, the court may 2,094
issue any order described in division (B) of section 2151.33 of 2,095
the Revised Code. 2,096
(C) The court shall give all parties to the action and the 2,098
child's guardian ad litem notice of the adjudicatory and 2,099
dispositional hearings in accordance with the Juvenile Rules. 2,100
(D) If the court issues an order pursuant to division 2,102
(A)(4) of section 2151.353 of the Revised Code committing a child 2,103
to the permanent custody of a public children services agency or 2,104
a private child placing agency, the parents of the child whose 2,105
parental rights were terminated cease to be parties to the action 2,106
50
upon the issuance of the order. This division is not intended to 2,107
eliminate or restrict any right of the parents to appeal the 2,108
permanent custody order issued pursuant to division (A)(4) of 2,109
section 2151.353 of the Revised Code. 2,110
(E) Each juvenile court shall schedule its hearings in 2,112
accordance with the time requirements of this chapter. 2,113
(F) In cases regarding abused, neglected, or dependent 2,115
children, the court may admit any statement of a child that the 2,116
court determines to be excluded by the hearsay rule if the 2,117
proponent of the statement informs the adverse party of the 2,118
proponent's intention to offer the statement and of the 2,120
particulars of the statement, including the name of the 2,121
declarant, sufficiently in advance of the hearing to provide the 2,122
party with a fair opportunity to prepare to challenge, respond 2,123
to, or defend against the statement, and the court determines all 2,124
of the following: 2,125
(1) The statement has circumstantial guarantees of 2,127
trustworthiness; 2,128
(2) The statement is offered as evidence of a material 2,130
fact; 2,131
(3) The statement is more probative on the point for which 2,133
it is offered than any other evidence that the proponent can 2,134
procure through reasonable efforts; 2,135
(4) The general purposes of the evidence rules and the 2,137
interests of justice will best be served by the admission of the 2,138
statement into evidence. 2,139
(G) If a child is alleged to be an abused child, the court 2,141
may order that the testimony of the child be taken by deposition. 2,142
On motion of the prosecuting attorney, guardian ad litem, or any 2,143
party, or in its own discretion, the court may order that the 2,144
deposition be videotaped. Any deposition taken under this 2,145
division shall be taken with a judge or referee present. 2,146
If a deposition taken under this division is intended to be 2,148
offered as evidence at the hearing, it shall be filed with the 2,149
51
court. Part or all of the deposition is admissible in evidence 2,150
if counsel for all parties had an opportunity and similar motive 2,151
at the time of the taking of the deposition to develop the 2,152
testimony by direct, cross, or redirect examination and the judge 2,153
determines that there is reasonable cause to believe that if the 2,154
child were to testify in person at the hearing, the child would 2,155
experience emotional trauma as a result of participating at the 2,158
hearing.
Sec. 2151.354. (A) If the child is adjudicated an unruly 2,167
child, the court may: 2,168
(1) Make any of the dispositions authorized under section 2,170
2151.353 of the Revised Code; 2,171
(2) Place the child on probation under any conditions that 2,173
the court prescribes; 2,174
(3) Suspend or revoke the driver's license, probationary 2,176
driver's license, or temporary instruction permit issued to the 2,177
child and suspend or revoke the registration of all motor 2,178
vehicles registered in the name of the child. A child whose 2,180
license or permit is so suspended or revoked is ineligible for 2,181
issuance of a license or permit during the period of suspension 2,182
or revocation. At the end of the period of suspension or
revocation, the child shall not be reissued a license or permit 2,183
until the child has paid any applicable reinstatement fee and 2,184
complied with all requirements governing license reinstatement. 2,185
(4) Commit the child to the temporary or permanent custody 2,187
of the court;
(5) If, after making a disposition under division (A)(1), 2,189
(2), or (3) of this section, the court finds upon further hearing 2,190
that the child is not amenable to treatment or rehabilitation 2,191
under that disposition, make a disposition otherwise authorized 2,192
under divisions (A)(1), (2), and (A)(7)(8) to (11)(12) of section 2,194
2151.355 of the Revised Code, except that the child may not be 2,195
committed to or placed in a secure correctional facility, and 2,196
commitment to or placement in a detention home may not exceed 2,197
52
twenty-four hours unless authorized by division (C)(3) of section 2,198
2151.312 or sections 2151.56 to 2151.61 of the Revised Code. 2,199
(B) If a child is adjudicated an unruly child for 2,201
committing any act that, if committed by an adult, would be a 2,202
drug abuse offense, as defined in section 2925.01 of the Revised 2,203
Code, or a violation of division (B) of section 2917.11 of the 2,204
Revised Code, then, in addition to imposing, in its discretion, 2,205
any other order of disposition authorized by this section, the 2,206
court shall do both of the following: 2,207
(1) Require the child to participate in a drug abuse or 2,209
alcohol abuse counseling program; 2,210
(2) Suspend or revoke the temporary instruction permit, 2,212
probationary driver's license, or driver's license issued to the 2,214
child for a period of time prescribed by the court or, at the 2,215
discretion of the court, until the child attends and 2,216
satisfactorily completes a drug abuse or alcohol abuse education, 2,217
intervention, or treatment program specified by the court. 2,218
During the time the child is attending the program, the court 2,219
shall retain any temporary instruction permit, probationary 2,220
driver's license, or driver's license issued to the child and 2,221
shall return the permit or license when the child satisfactorily 2,222
completes the program. 2,223
(C)(1) IF A CHILD IS ADJUDICATED AN UNRULY CHILD FOR BEING 2,225
AN HABITUAL TRUANT, IN ADDITION TO OR IN LIEU OF IMPOSING ANY 2,227
OTHER ORDER OF DISPOSITION AUTHORIZED BY THIS SECTION, THE COURT 2,228
MAY DO ANY OF THE FOLLOWING: 2,229
(a) ORDER THE BOARD OF EDUCATION OF THE CHILD'S SCHOOL 2,231
DISTRICT OR THE GOVERNING BOARD OF THE EDUCATIONAL SERVICE CENTER 2,232
IN THE CHILD'S SCHOOL DISTRICT TO REQUIRE THE CHILD TO ATTEND AN 2,233
ALTERNATIVE SCHOOL IF AN ALTERNATIVE SCHOOL HAS BEEN ESTABLISHED 2,234
PURSUANT TO SECTION 3313.533 OF THE REVISED CODE IN THE SCHOOL 2,235
DISTRICT IN WHICH THE CHILD IS ENTITLED TO ATTEND SCHOOL; 2,237
(b) REQUIRE THE CHILD TO PARTICIPATE IN ANY ACADEMIC 2,239
PROGRAM OR COMMUNITY SERVICE PROGRAM; 2,240
53
(c) REQUIRE THE CHILD TO PARTICIPATE IN A DRUG ABUSE OR 2,242
ALCOHOL ABUSE COUNSELING PROGRAM; 2,243
(d) REQUIRE THAT THE CHILD RECEIVE APPROPRIATE MEDICAL OR 2,245
PSYCHOLOGICAL TREATMENT OR COUNSELING; 2,246
(e) MAKE ANY OTHER ORDER THAT THE COURT FINDS PROPER TO 2,248
ADDRESS THE CHILD'S HABITUAL TRUANCY, INCLUDING AN ORDER 2,249
REQUIRING THE CHILD TO NOT BE ABSENT WITHOUT LEGITIMATE EXCUSE 2,251
FROM THE PUBLIC SCHOOL THE CHILD IS SUPPOSED TO ATTEND FOR FIVE 2,252
OR MORE CONSECUTIVE DAYS, SEVEN OR MORE SCHOOL DAYS IN ONE SCHOOL 2,253
MONTH, OR TWELVE OR MORE SCHOOL DAYS IN A SCHOOL YEAR AND 2,254
INCLUDING AN ORDER REQUIRING THE CHILD TO PARTICIPATE IN A 2,255
TRUANCY PREVENTION MEDIATION PROGRAM. 2,256
(2) IF A CHILD IS ADJUDICATED AN UNRULY CHILD FOR BEING AN 2,259
HABITUAL TRUANT AND THE COURT DETERMINES THAT THE PARENT, 2,260
GUARDIAN, OR OTHER PERSON HAVING CARE OF THE CHILD HAS FAILED TO 2,261
CAUSE THE CHILD'S ATTENDANCE AT SCHOOL IN VIOLATION OF SECTION 2,262
3321.38 OF THE REVISED CODE, IN ADDITION TO ANY ORDER OF 2,264
DISPOSITION AUTHORIZED BY THIS SECTION, ALL OF THE FOLLOWING 2,265
APPLY:
(a) THE COURT MAY REQUIRE THE PARENT, GUARDIAN, OR OTHER 2,267
PERSON HAVING CARE OF THE CHILD TO PARTICIPATE IN ANY COMMUNITY 2,269
SERVICE PROGRAM, PREFERABLY A COMMUNITY SERVICE PROGRAM THAT 2,270
REQUIRES THE INVOLVEMENT OF THE PARENT, GUARDIAN, OR OTHER PERSON 2,271
HAVING CARE OF THE CHILD IN THE SCHOOL ATTENDED BY THE CHILD. 2,272
(b) THE COURT MAY REQUIRE THE PARENT, GUARDIAN, OR OTHER 2,275
PERSON HAVING CARE OF THE CHILD TO PARTICIPATE IN A TRUANCY 2,276
MEDIATION PREVENTION PROGRAM.
(c) THE COURT SHALL WARN THE PARENT, GUARDIAN, OR OTHER 2,278
PERSON HAVING CARE OF THE CHILD THAT ANY SUBSEQUENT ADJUDICATION 2,279
OF THE CHILD AS AN UNRULY OR DELINQUENT CHILD FOR BEING AN 2,280
HABITUAL OR CHRONIC TRUANT MAY RESULT IN A CRIMINAL CHARGE 2,281
AGAINST THE PARENT, GUARDIAN, OR OTHER PERSON HAVING CARE OF THE 2,282
CHILD FOR A VIOLATION OF DIVISION (C) OF SECTION 2919.21 OR 2,283
SECTION 2919.24 OF THE REVISED CODE. 2,284
54
Sec. 2151.355. (A) If a child is adjudicated a delinquent 2,293
child, the court may make any of the following orders of 2,295
disposition:
(1) Any order that is authorized by section 2151.353 of 2,297
the Revised Code; 2,298
(2) Place the child on probation under any conditions that 2,300
the court prescribes. If the child is adjudicated a delinquent 2,301
child for violating section 2909.05, 2909.06, or 2909.07 of the 2,303
Revised Code and if restitution is appropriate under the
circumstances of the case, the court shall require the child to 2,304
make restitution for the property damage caused by the child's 2,305
violation as a condition of the child's probation. If the child 2,307
is adjudicated a delinquent child because the child violated any 2,308
other section of the Revised Code, the court may require the 2,309
child as a condition of the child's probation to make restitution 2,310
for the property damage caused by the child's violation and for 2,311
the value of the property that was the subject of the violation 2,312
the child committed if it would be a theft offense, as defined in 2,313
division (K) of section 2913.01 of the Revised Code, if committed 2,314
by an adult. The restitution may be in the form of a cash 2,315
reimbursement paid in a lump sum or in installments, the 2,316
performance of repair work to restore any damaged property to its 2,317
original condition, the performance of a reasonable amount of 2,318
labor for the victim approximately equal to the value of the 2,319
property damage caused by the child's violation or to the value 2,320
of the property that is the subject of the violation if it would 2,321
be a theft offense if committed by an adult, the performance of 2,322
community service or community work, any other form of 2,323
restitution devised by the court, or any combination of the 2,324
previously described forms of restitution.
If the child is adjudicated a delinquent child for 2,326
violating a law of this state or the United States, or an 2,327
ordinance or regulation of a political subdivision of this state, 2,328
that would be a crime if committed by an adult or for violating 2,330
55
division (A) of section 2923.211 of the Revised Code, the court,
in addition to all other required or permissive conditions of 2,332
probation that the court imposes upon the delinquent child 2,334
pursuant to division (A)(2) of this section, shall require the 2,335
child as a condition of the child's probation to abide by the law 2,336
during the period of probation, including, but not limited to, 2,337
complying with the provisions of Chapter 2923. of the Revised 2,338
Code relating to the possession, sale, furnishing, transfer, 2,339
disposition, purchase, acquisition, carrying, conveying, or use 2,340
of, or other conduct involving, a firearm or dangerous ordnance, 2,341
as defined in section 2923.11 of the Revised Code. 2,342
(3) Commit the child to the temporary custody of any 2,344
school, camp, institution, or other facility operated for the 2,346
care of delinquent children by the county, by a district 2,347
organized under section 2151.34 or 2151.65 of the Revised Code, 2,348
or by a private agency or organization, within or without the 2,349
state, that is authorized and qualified to provide the care, 2,350
treatment, or placement required;
(4) If the child is adjudicated a delinquent child for 2,352
committing an act that would be a felony of the third, fourth, or 2,353
fifth degree if committed by an adult or for violating division 2,355
(A) of section 2923.211 of the Revised Code, commit the child to 2,356
the legal custody of the department of youth services for 2,357
institutionalization for an indefinite term consisting of a 2,358
minimum period of six months and a maximum period not to exceed 2,359
the child's attainment of twenty-one years of age; 2,360
(5)(a) If the child is adjudicated a delinquent child for 2,362
violating section 2903.03, 2905.01, 2909.02, or 2911.01 or 2,363
division (A) of section 2903.04 of the Revised Code or for 2,364
violating any provision of section 2907.02 of the Revised Code 2,365
other than division (A)(1)(b) of that section when the sexual 2,367
conduct or insertion involved was consensual and when the victim
of the violation of division (A)(1)(b) of that section was older 2,369
than the delinquent child, was the same age as the delinquent 2,370
56
child, or was less than three years younger than the delinquent 2,371
child, commit the child to the legal custody of the department of 2,372
youth services for institutionalization in a secure facility for 2,373
an indefinite term consisting of a minimum period of one to three 2,374
years, as prescribed by the court, and a maximum period not to 2,375
exceed the child's attainment of twenty-one years of age; 2,376
(b) If the child is adjudicated a delinquent child for 2,379
violating section 2923.02 of the Revised Code and if the 2,380
violation involves an attempt to commit a violation of section
2903.01 or 2903.02 of the Revised Code, commit the child to the 2,382
legal custody of the department of youth services for
institutionalization in a secure facility for an indefinite term 2,383
consisting of a minimum period of six to seven years, as 2,384
prescribed by the court, and a maximum period not to exceed the 2,385
child's attainment of twenty-one years of age;
(c) If the child is adjudicated a delinquent child for 2,387
committing an act that is not described in division (A)(5)(a) or 2,388
(b) of this section and that would be a felony of the first or 2,389
second degree if committed by an adult, commit the child to the 2,390
legal custody of the department of youth services for 2,391
institutionalization in a secure facility for an indefinite term 2,392
consisting of a minimum period of one year and a maximum period 2,393
not to exceed the child's attainment of twenty-one years of age. 2,394
(6) If the child is adjudicated a delinquent child for 2,396
committing a violation of section 2903.01 or 2903.02 of the 2,397
Revised Code, commit the child to the legal custody of the 2,399
department of youth services for institutionalization in a secure 2,400
facility until the child's attainment of twenty-one years of age; 2,401
(7)(a) If the child is adjudicated a delinquent child for 2,404
committing an act, other than a violation of section 2923.12 of 2,405
the Revised Code, that would be a felony if committed by an adult 2,406
and is committed to the legal custody of the department of youth 2,407
services pursuant to division (A)(4), (5), or (6) of this section 2,408
and if the court determines that the child, if the child was an 2,409
57
adult, would be guilty of a specification of the type set forth 2,410
in section 2941.141, 2941.144, 2941.145, or 2941.146 of the 2,411
Revised Code in relation to the act for which the child was 2,412
adjudicated a delinquent child, commit the child to the legal 2,413
custody of the department of youth services for
institutionalization in a secure facility for the following 2,414
period of time, subject to division (A)(7)(c) of this section: 2,415
(i) If the child would be guilty of a specification of the 2,417
type set forth in section 2941.141 of the Revised Code, a period 2,418
of one year; 2,419
(ii) If the child would be guilty of a specification of 2,421
the type set forth in section 2941.144, 2941.145, or 2941.146 of 2,422
the Revised Code, a period of three years. 2,423
(b) If the child is adjudicated a delinquent child for 2,425
committing a category one offense or a category two offense and 2,426
is committed to the legal custody of the department of youth 2,427
services pursuant to division (A)(5) or (6) of this section and 2,428
if the court determines that the child, if the child was an 2,429
adult, would be guilty of a specification of the type set forth 2,430
in section 2941.142 of the Revised Code in relation to the act 2,431
for which the child was adjudicated a delinquent child, the court 2,432
shall commit the child to the legal custody of the department of 2,434
youth services for institutionalization in a secure facility for
a period of not less than one year or more than three years, 2,435
subject to division (A)(7)(c) of this section. 2,436
(c) The court shall not commit a child to the legal 2,439
custody of the department of youth services pursuant to division 2,440
(A)(7)(a) or (b) of this section for a period of time that 2,441
exceeds three years. The period of commitment imposed pursuant 2,442
to division (A)(7)(a) or (b) of this section shall be in addition 2,443
to, and shall be served consecutively with and prior to, a period 2,444
of commitment ordered pursuant to division (A)(4), (5), or (6) of 2,445
this section, provided that the total of all the periods of 2,446
commitment shall not exceed the child's attainment of twenty-one 2,447
58
years of age.
(8)(a) Impose a fine and costs in accordance with the 2,450
schedule set forth in section 2151.3512 of the Revised Code;
(b)(9) Require the child to make restitution for all or 2,452
part of the property damage caused by the child's delinquent act 2,453
and for all or part of the value of the property that was the 2,454
subject of any delinquent act the child committed that would be a 2,455
theft offense, as defined in division (K) of section 2913.01 of 2,456
the Revised Code, if committed by an adult. If the court 2,457
determines that the victim of the child's delinquent act was 2,458
sixty-five years of age or older or permanently and totally 2,459
disabled at the time of the commission of the act, the court, 2,460
regardless of whether or not the child knew the age of the 2,461
victim, shall consider that fact in favor of imposing 2,462
restitution, but that fact shall not control the decision of the 2,463
court. The restitution may be in the form of a cash 2,464
reimbursement paid in a lump sum or in installments, the 2,465
performance of repair work to restore any damaged property to its 2,466
original condition, the performance of a reasonable amount of 2,467
labor for the victim, the performance of community service or 2,468
community work, any other form of restitution devised by the 2,469
court, or any combination of the previously described forms of 2,470
restitution.
(9)(10) Subject to division (D) of this section, suspend 2,473
or revoke the driver's license, probationary driver's license, or 2,474
temporary instruction permit issued to the child or suspend or 2,475
revoke the registration of all motor vehicles registered in the 2,476
name of the child. A child whose license or permit is so 2,477
suspended or revoked is ineligible for issuance of a license or 2,478
permit during the period of suspension or revocation. At the end 2,479
of the period of suspension or revocation, the child shall not be 2,480
reissued a license or permit until the child has paid any 2,481
applicable reinstatement fee and complied with all requirements 2,482
governing license reinstatement.
59
(10)(11) If the child is adjudicated a delinquent child 2,484
for committing an act that, if committed by an adult, would be a 2,486
criminal offense that would qualify the adult as an eligible
offender pursuant to division (A)(3) of section 2929.23 of the 2,487
Revised Code, impose a period of electronically monitored house 2,488
detention in accordance with division (I)(J) of this section that 2,490
does not exceed the maximum sentence of imprisonment that could 2,491
be imposed upon an adult who commits the same act; 2,492
(11)(12) Impose a period of day reporting in which the 2,494
child is required each day to report to and leave a center or 2,496
other approved reporting location at specified times in order to 2,497
participate in work, education or training, treatment, and other 2,498
approved programs at the center or outside the center; 2,499
(12)(13) Impose a period of electronically monitored house 2,501
arrest in accordance with division (I)(J) of this section; 2,503
(13)(14) Impose a period of community service of up to 2,505
five hundred hours; 2,506
(14)(15) Impose a period in an alcohol or drug treatment 2,508
program with a level of security for the child as determined 2,509
necessary by the court; 2,510
(15)(16) Impose a period of intensive supervision, in 2,512
which the child is required to maintain frequent contact with a 2,514
person appointed by the court to supervise the child while the 2,515
child is seeking or maintaining employment and participating in 2,516
training, education, and treatment programs as the order of 2,517
disposition; 2,518
(16)(17) Impose a period of basic supervision, in which 2,520
the child is required to maintain contact with a person appointed 2,521
to supervise the child in accordance with sanctions imposed by 2,522
the court; 2,523
(17)(18) Impose a period of drug and alcohol use 2,525
monitoring; 2,526
(18)(19) Impose a period in which the court orders the 2,528
child to observe a curfew that may involve daytime or evening 2,529
60
hours; 2,530
(19)(20) Require the child to obtain a high school 2,533
diploma, a certificate of high school equivalence, or employment; 2,534
(20)(21) If the court obtains the assent of the victim of 2,537
the criminal act committed by the child, require the child to 2,538
participate in a reconciliation or mediation program that 2,539
includes a meeting in which the child and the victim may discuss 2,540
the criminal act, discuss restitution, and consider other 2,541
sanctions for the criminal act;
(21)(22) Commit the child to the temporary or permanent 2,543
custody of the court; 2,544
(22)(23) REQUIRE THE CHILD TO NOT BE ABSENT WITHOUT 2,547
LEGITIMATE EXCUSE FROM THE PUBLIC SCHOOL THE CHILD IS SUPPOSED TO 2,548
ATTEND FOR FIVE OR MORE CONSECUTIVE DAYS, SEVEN OR MORE SCHOOL 2,549
DAYS IN ONE SCHOOL MONTH, OR TWELVE OR MORE SCHOOL DAYS IN A 2,550
SCHOOL YEAR;
(24)(a) IF A CHILD IS ADJUDICATED A DELINQUENT CHILD FOR 2,553
BEING A CHRONIC TRUANT OR AN HABITUAL TRUANT WHO PREVIOUSLY HAS 2,554
BEEN ADJUDICATED AN UNRULY CHILD FOR BEING AN HABITUAL TRUANT, DO 2,556
EITHER OR BOTH OF THE FOLLOWING:
(i) REQUIRE THE CHILD TO PARTICIPATE IN A TRUANCY 2,558
PREVENTION MEDIATION PROGRAM; 2,559
(ii) MAKE ANY ORDER OF DISPOSITION AS AUTHORIZED BY THIS 2,562
SECTION, EXCEPT THAT THE COURT SHALL NOT COMMIT THE CHILD TO A 2,563
FACILITY DESCRIBED IN DIVISION (A)(3) OF THIS SECTION UNLESS THE 2,564
COURT DETERMINES THAT THE CHILD VIOLATED A LAWFUL COURT ORDER 2,565
MADE PURSUANT TO DIVISION (C)(1)(e) OF SECTION 2151.354 OF THE 2,567
REVISED CODE OR DIVISION (A)(23) OF THIS SECTION. 2,568
(b) IF A CHILD IS ADJUDICATED A DELINQUENT CHILD FOR BEING 2,570
A CHRONIC TRUANT OR AN HABITUAL TRUANT WHO PREVIOUSLY HAS BEEN 2,571
ADJUDICATED AN UNRULY CHILD FOR BEING AN HABITUAL TRUANT AND THE 2,573
COURT DETERMINES THAT THE PARENT, GUARDIAN, OR OTHER PERSON 2,574
HAVING CARE OF THE CHILD HAS FAILED TO CAUSE THE CHILD'S 2,575
ATTENDANCE AT SCHOOL IN VIOLATION OF SECTION 3321.38 OF THE 2,576
61
REVISED CODE, DO EITHER OR BOTH OF THE FOLLOWING: 2,577
(i) REQUIRE THE PARENT, GUARDIAN, OR OTHER PERSON HAVING 2,579
CARE OF THE CHILD TO PARTICIPATE IN A TRUANCY PREVENTION 2,580
MEDIATION PROGRAM;
(ii) REQUIRE THE PARENT, GUARDIAN, OR OTHER PERSON HAVING 2,583
CARE OF THE CHILD TO PARTICIPATE IN ANY COMMUNITY SERVICE
PROGRAM, PREFERABLY A COMMUNITY SERVICE PROGRAM THAT REQUIRES THE 2,584
INVOLVEMENT OF THE PARENT, GUARDIAN, OR OTHER PERSON HAVING CARE 2,585
OF THE CHILD IN THE SCHOOL ATTENDED BY THE CHILD. 2,586
(25) Make any further disposition that the court finds 2,588
proper, except that the child shall not be placed in any state 2,590
correctional institution, county, multicounty, or municipal jail 2,591
or workhouse, or other place in which an adult convicted of a 2,593
crime, under arrest, or charged with a crime is held.
(B)(1) If a child is adjudicated a delinquent child for 2,596
violating section 2923.32 of the Revised Code, the court, in 2,597
addition to any order of disposition it makes for the child under 2,598
division (A) of this section, shall enter an order of criminal 2,599
forfeiture against the child in accordance with divisions (B)(3), 2,600
(4), (5), and (6) and (C) to (F) of section 2923.32 of the 2,601
Revised Code.
(2) IF A CHILD IS ADJUDICATED A DELINQUENT CHILD FOR BEING 2,603
A CHRONIC TRUANT OR AN HABITUAL TRUANT WHO PREVIOUSLY HAS BEEN 2,605
ADJUDICATED AN UNRULY CHILD FOR BEING AN HABITUAL TRUANT AND THE 2,607
COURT DETERMINES THAT THE PARENT, GUARDIAN, OR OTHER PERSON 2,608
HAVING CARE OF THE CHILD HAS FAILED TO CAUSE THE CHILD'S 2,609
ATTENDANCE AT SCHOOL IN VIOLATION OF SECTION 3321.38 OF THE 2,610
REVISED CODE, IN ADDITION TO ANY ORDER OF DISPOSITION IT MAKES 2,611
UNDER THIS SECTION, THE COURT SHALL WARN THE PARENT, GUARDIAN, OR 2,612
OTHER PERSON HAVING CARE OF THE CHILD THAT ANY SUBSEQUENT 2,613
ADJUDICATION OF THE CHILD AS AN UNRULY OR DELINQUENT CHILD FOR 2,614
BEING AN HABITUAL OR CHRONIC TRUANT MAY RESULT IN A CRIMINAL 2,615
CHARGE AGAINST THE PARENT, GUARDIAN, OR OTHER PERSON HAVING CARE 2,616
OF THE CHILD FOR A VIOLATION OF DIVISION (C) OF SECTION 2919.21 2,617
62
OR SECTION 2919.24 OF THE REVISED CODE. 2,618
(3) If a child is adjudicated a delinquent child for 2,621
committing two or more acts that would be felonies if committed
by an adult and if the court entering the delinquent child 2,622
adjudication orders the commitment of the child, for two or more 2,623
of those acts, to the legal custody of the department of youth 2,624
services for institutionalization or institutionalization in a 2,625
secure facility pursuant to division (A)(4), (5), or (6) of this 2,626
section, the court may order that all of the periods of 2,627
commitment imposed under those divisions for those acts be served 2,629
consecutively in the legal custody of the department of youth 2,630
services and, if applicable, be in addition to and commence 2,631
immediately following the expiration of a period of commitment 2,632
that the court imposes pursuant to division (A)(7) of this 2,633
section. A court shall not commit a delinquent child to the 2,634
legal custody of the department of youth services under division 2,635
(B)(2) of this section for a period that exceeds the child's 2,636
attainment of twenty-one years of age.
(C) If a child is adjudicated a delinquent child for 2,638
committing an act that, if committed by an adult, would be a drug 2,640
abuse offense, as defined in section 2925.01 of the Revised Code, 2,641
or for violating division (B) of section 2917.11 of the Revised 2,642
Code, in addition to imposing in its discretion any other order 2,643
of disposition authorized by this section, the court shall do 2,644
both of the following:
(1) Require the child to participate in a drug abuse or 2,646
alcohol abuse counseling program; 2,647
(2) Suspend or revoke the temporary instruction permit, 2,649
probationary driver's license, or driver's license issued to the 2,651
child for a period of time prescribed by the court or, at the 2,652
discretion of the court, until the child attends and 2,653
satisfactorily completes, a drug abuse or alcohol abuse 2,655
education, intervention, or treatment program specified by the 2,656
court. During the time the child is attending the program, the 2,657
63
court shall retain any temporary instruction permit, probationary 2,658
driver's license, or driver's license issued to the child, and 2,659
the court shall return the permit or license when the child 2,660
satisfactorily completes the program. 2,661
(D) If a child is adjudicated a delinquent child for 2,664
violating section 2923.122 of the Revised Code, the court, in
addition to any order of disposition it makes for the child under 2,666
division (A), (B), or (C) of this section, shall revoke the 2,668
temporary instruction permit and deny the child the issuance of 2,669
another temporary instruction permit in accordance with division 2,670
(F)(1)(b) of section 2923.122 of the Revised Code or shall 2,671
suspend the probationary driver's license, restricted license, or 2,672
nonresident operating privilege of the child or deny the child 2,673
the issuance of a probationary driver's license, restricted 2,674
license, or temporary instruction permit in accordance with 2,675
division (F)(1)(a), (c), (d), or (e) of section 2923.122 of the 2,676
Revised Code. 2,677
(E)(1) At the dispositional hearing and prior to making 2,679
any disposition pursuant to division (A) of this section, the 2,680
court shall determine whether a victim of the delinquent act 2,681
committed by the child was five years of age or younger at the 2,682
time the delinquent act was committed, whether a victim of the 2,683
delinquent act sustained physical harm to the victim's person 2,684
during the commission of or otherwise as a result of the 2,685
delinquent act, whether a victim of the delinquent act was 2,686
sixty-five years of age or older or permanently and totally 2,687
disabled at the time the delinquent act was committed, and 2,688
whether the delinquent act would have been an offense of violence 2,689
if committed by an adult. If the victim was five years of age or 2,690
younger at the time the delinquent act was committed, sustained 2,691
physical harm to the victim's person during the commission of or
otherwise as a result of the delinquent act, or was sixty-five 2,692
years of age or older or permanently and totally disabled at the 2,694
time the act was committed, regardless of whether the child knew 2,695
64
the age of the victim, and if the act would have been an offense 2,696
of violence if committed by an adult, the court shall consider 2,697
those facts in favor of imposing commitment under division 2,698
(A)(3), (4), (5), or (6) of this section, but those facts shall 2,699
not control the court's decision.
(2) At the dispositional hearing and prior to making any 2,701
disposition pursuant to division (A)(4), (5), or (6) of this 2,702
section, the court shall determine whether the delinquent child 2,703
previously has been adjudicated a delinquent child for a 2,704
violation of a law or ordinance. If the delinquent child 2,705
previously has been adjudicated a delinquent child for a 2,706
violation of a law or ordinance, the court, for purposes of
entering an order of disposition for the delinquent child under 2,707
this section, shall consider the previous delinquent child 2,709
adjudication as a conviction of a violation of the law or 2,710
ordinance in determining the degree of offense the current
delinquent act would be had it been committed by an adult. 2,711
(F)(1) When a juvenile court commits a delinquent child to 2,713
the custody of the department of youth services pursuant to this 2,714
section, the court shall not designate the specific institution 2,715
in which the department is to place the child but instead shall 2,717
specify that the child is to be institutionalized or that the 2,718
institutionalization is to be in a secure facility if that is
required by division (A) of this section. 2,719
(2) When a juvenile court commits a delinquent child to 2,721
the custody of the department of youth services, the court shall 2,722
provide the department with the child's medical records, a copy 2,723
of the report of any mental examination of the child ordered by 2,725
the court, the section or sections of the Revised Code violated 2,726
by the child and the degree of the violation, the warrant to 2,727
convey the child to the department, a copy of the court's journal 2,728
entry ordering the commitment of the child to the legal custody 2,729
of the department, a copy of the arrest record pertaining to the 2,730
act for which the child was adjudicated a delinquent child, a 2,731
65
copy of any victim impact statement pertaining to the act, and 2,732
any other information concerning the child that the department 2,733
reasonably requests. The court also shall complete the form for 2,734
the standard disposition investigation report that is developed 2,736
and furnished by the department of youth services pursuant to 2,737
section 5139.04 of the Revised Code and provide the department
with the completed form. The department may refuse to accept 2,738
physical custody of a delinquent child who is committed to the 2,740
legal custody of the department until the court provides to the 2,741
department the documents specified in division (F)(2) of this 2,742
section. No officer or employee of the department who refuses to 2,743
accept physical custody of a delinquent child who is committed to 2,744
the legal custody of the department shall be subject to
prosecution or contempt of court for the refusal if the court 2,745
fails to provide the documents specified in division (F)(2) of 2,746
this section at the time the court transfers the physical custody 2,747
of the child to the department. 2,748
(3) Within twenty working days after the department of 2,750
youth services receives physical custody of a delinquent child 2,751
from a juvenile court, the court shall provide the department 2,752
with a certified copy of the child's birth certificate or the 2,754
child's social security number, or, if the court made all
reasonable efforts to obtain the information but was 2,755
unsuccessful, the court shall provide the department with 2,756
documentation of the efforts it made to obtain the information. 2,757
(4) When a juvenile court commits a delinquent child to 2,759
the custody of the department of youth services, the court shall 2,760
give notice to the school attended by the child of the child's 2,761
commitment by sending to that school a copy of the court's 2,762
journal entry ordering the commitment. As soon as possible after 2,763
receipt of the notice described in this division, the school 2,764
shall provide the department with the child's school transcript. 2,765
However, the department shall not refuse to accept a child 2,766
committed to it, and a child committed to it shall not be held in 2,767
66
a county or district detention home, because of a school's 2,768
failure to provide the school transcript that it is required to 2,769
provide under division (F)(4) of this section. 2,770
(5) The department of youth services shall provide the 2,772
court and the school with an updated copy of the child's school 2,773
transcript and shall provide the court with a summary of the 2,774
institutional record of the child when it releases the child from 2,775
institutional care. The department also shall provide the court 2,776
with a copy of any portion of the child's institutional record 2,777
that the court specifically requests within five working days of 2,778
the request.
(6) When a juvenile court commits a delinquent child to 2,780
the custody of the department of youth services pursuant to 2,781
division (A)(4) or (5) of this section, the court shall state in 2,782
the order of commitment the total number of days that the child 2,783
has been held, as of the date of the issuance of the order, in 2,784
detention in connection with the delinquent child complaint upon 2,785
which the order of commitment is based. The department shall 2,787
reduce the minimum period of institutionalization or minimum 2,788
period of institutionalization in a secure facility specified in 2,789
division (A)(4) or (5) of this section by both the total number 2,790
of days that the child has been so held in detention as stated by 2,791
the court in the order of commitment and the total number of any 2,792
additional days that the child has been held in detention 2,793
subsequent to the order of commitment but prior to the transfer 2,794
of physical custody of the child to the department.
(G)(1) At any hearing at which a child is adjudicated a 2,797
delinquent child or as soon as possible after the hearing, the
court shall notify all victims of the delinquent act, who may be 2,798
entitled to a recovery under any of the following sections, of 2,799
the right of the victims to recover, pursuant to section 3109.09 2,800
of the Revised Code, compensatory damages from the child's 2,801
parents; of the right of the victims to recover, pursuant to 2,802
section 3109.10 of the Revised Code, compensatory damages from 2,803
67
the child's parents for willful and malicious assaults committed 2,804
by the child; and of the right of the victims to recover an award 2,805
of reparations pursuant to sections 2743.51 to 2743.72 of the 2,806
Revised Code. 2,807
(2) If a child is adjudicated a delinquent child for 2,810
committing an act that, if committed by an adult, would be 2,811
aggravated murder, murder, rape, felonious sexual penetration in
violation of former section 2907.12 of the Revised Code, 2,812
involuntary manslaughter, a felony of the first or second degree 2,814
resulting in the death of or physical harm to a person, 2,815
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 2,816
or was substantially equivalent to any of those offenses and if 2,817
the court in its order of disposition for that act commits the 2,818
child to the custody of the department of youth services, the 2,819
court may make a specific finding that the adjudication should be 2,820
considered a conviction for purposes of a determination in the 2,821
future, pursuant to Chapter 2929. of the Revised Code, as to 2,822
whether the child is a repeat violent offender as defined in 2,823
section 2929.01 of the Revised Code. If the court makes a 2,824
specific finding as described in this division, it shall include 2,825
the specific finding in its order of disposition and in the 2,826
record in the case.
(H)(1) If a child is adjudicated a delinquent child for 2,828
committing an act that would be a felony or offense of violence 2,829
if committed by an adult, the court, prior to issuing an order of 2,831
disposition under this section, shall order the preparation of a 2,832
victim impact statement by the probation department of the county 2,833
in which the victim of the act resides, by the court's own 2,834
probation department, or by a victim assistance program that is 2,835
operated by the state, a county, a municipal corporation, or 2,836
another governmental entity. The court shall consider the victim 2,837
impact statement in determining the order of disposition to issue 2,838
for the child. 2,839
68
(2) Each victim impact statement shall identify the victim 2,841
of the act for which the child was adjudicated a delinquent 2,842
child, itemize any economic loss suffered by the victim as a 2,843
result of the act, identify any physical injury suffered by the 2,844
victim as a result of the act and the seriousness and permanence 2,845
of the injury, identify any change in the victim's personal 2,846
welfare or familial relationships as a result of the act and any 2,847
psychological impact experienced by the victim or the victim's 2,848
family as a result of the act, and contain any other information 2,849
related to the impact of the act upon the victim that the court 2,850
requires. 2,851
(3) A victim impact statement shall be kept confidential 2,853
and is not a public record, as defined in section 149.43 of the 2,854
Revised Code. However, the court may furnish copies of the 2,855
statement to the department of youth services pursuant to 2,856
division (F)(3) of this section or to both the adjudicated 2,857
delinquent child or the adjudicated delinquent child's counsel 2,858
and the prosecuting attorney. The copy of a victim impact 2,860
statement furnished by the court to the department pursuant to 2,861
division (F)(3) of this section shall be kept confidential and is 2,862
not a public record, as defined in section 149.43 of the Revised 2,863
Code. The copies of a victim impact statement that are made 2,864
available to the adjudicated delinquent child or the adjudicated 2,865
delinquent child's counsel and the prosecuting attorney pursuant 2,867
to division (H)(3) of this section shall be returned to the court 2,870
by the person to whom they were made available immediately 2,871
following the imposition of an order of disposition for the child 2,872
under this section.
(I)(1) As used in division (I)(2) of this section, "felony 2,874
drug abuse offense" has the same meaning as in section 2925.01 of 2,875
the Revised Code. 2,876
(2) Sections 2925.41 to 2925.45 of the Revised Code apply 2,878
to children who are adjudicated or could be adjudicated by a 2,879
juvenile court to be delinquent children for an act that, if 2,880
69
committed by an adult, would be a felony drug abuse offense. 2,881
Subject to division (B) of section 2925.42 and division (E) of 2,882
section 2925.43 of the Revised Code, a delinquent child of that 2,883
nature loses any right to the possession of, and forfeits to the 2,884
state any right, title, and interest that the delinquent child 2,885
may have in, property as defined in section 2925.41 and further 2,886
described in section 2925.42 or 2925.43 of the Revised Code. 2,887
(3)(2) Sections 2923.44 to 2923.47 of the Revised Code 2,890
apply to children who are adjudicated or could be adjudicated by
a juvenile court to be delinquent children for an act in 2,892
violation of section 2923.42 of the Revised Code. Subject to 2,893
division (B) of section 2923.44 and division (E) of section 2,894
2923.45 of the Revised Code, a delinquent child of that nature 2,895
loses any right to the possession of, and forfeits to the state 2,896
any right, title, and interest that the delinquent child may have 2,897
in, property as defined in section 2923.41 of the Revised Code 2,898
and further described in section 2923.44 or 2923.45 of the 2,899
Revised Code.
(J)(1) As used in this section: 2,901
(a) "Electronic monitoring device," "certified electronic 2,903
monitoring device," "electronic monitoring system," and 2,904
"certified electronic monitoring system" have the same meanings 2,905
as in section 2929.23 of the Revised Code. 2,906
(b) "Electronically monitored house detention" means a 2,908
period of confinement of a child in the child's home or in other 2,909
premises specified by the court, during which period of 2,911
confinement all of the following apply: 2,912
(i) The child wears, otherwise has attached to the child's 2,914
person, or otherwise is subject to monitoring by a certified 2,915
electronic monitoring device or is subject to monitoring by a 2,916
certified electronic monitoring system. 2,917
(ii) The child is required to remain in the child's home 2,919
or other premises specified by the court for the specified period 2,920
of confinement, except for periods of time during which the child 2,921
70
is at school or at other premises as authorized by the court. 2,922
(iii) The child is subject to monitoring by a central 2,924
system that monitors the certified electronic monitoring device 2,925
that is attached to the child's person or that otherwise is being 2,926
used to monitor the child and that can monitor and determine the 2,928
child's location at any time or at a designated point in time, or 2,929
the child is required to participate in monitoring by a certified 2,931
electronic monitoring system. 2,932
(iv) The child is required by the court to report 2,934
periodically to a person designated by the court. 2,935
(v) The child is subject to any other restrictions and 2,937
requirements that may be imposed by the court. 2,938
(2) A juvenile court, pursuant to division (A)(10)(11) of 2,941
this section, may impose a period of electronically monitored 2,942
house detention upon a child who is adjudicated a delinquent 2,943
child for committing an act that, if committed by an adult, would 2,944
be a criminal offense that would qualify the adult as an eligible 2,945
offender pursuant to division (A)(3) of section 2929.23 of the 2,946
Revised Code. The court may impose a period of electronically 2,947
monitored house detention in addition to or in lieu of any other 2,948
dispositional order imposed upon the child, except that any 2,949
period of electronically monitored house detention shall not 2,950
extend beyond the child's eighteenth birthday. If a court 2,951
imposes a period of electronically monitored house detention upon 2,952
a child, it shall require the child to wear, otherwise have 2,953
attached to the child's person, or otherwise be subject to 2,954
monitoring by a certified electronic monitoring device or to 2,956
participate in the operation of and monitoring by a certified 2,957
electronic monitoring system; to remain in the child's home or 2,958
other specified premises for the entire period of electronically 2,960
monitored house detention except when the court permits the child 2,961
to leave those premises to go to school or to other specified 2,962
premises; to be monitored by a central system that monitors the 2,963
certified electronic monitoring device that is attached to the 2,964
71
child's person or that otherwise is being used to monitor the 2,965
child and that can monitor and determine the child's location at 2,966
any time or at a designated point in time or to be monitored by 2,967
the certified electronic monitoring system; to report 2,968
periodically to a person designated by the court; and, in return 2,969
for receiving a dispositional order of electronically monitored 2,970
house detention, to enter into a written contract with the court 2,971
agreeing to comply with all restrictions and requirements imposed 2,972
by the court, agreeing to pay any fee imposed by the court for 2,973
the costs of the electronically monitored house detention imposed 2,974
by the court pursuant to division (E) of section 2929.23 of the 2,975
Revised Code, and agreeing to waive the right to receive credit 2,976
for any time served on electronically monitored house detention 2,977
toward the period of any other dispositional order imposed upon 2,978
the child for the act for which the dispositional order of 2,979
electronically monitored house detention was imposed if the child 2,980
violates any of the restrictions or requirements of the 2,981
dispositional order of electronically monitored house detention. 2,982
The court also may impose other reasonable restrictions and 2,983
requirements upon the child.
(3)(2) If a child violates any of the restrictions or 2,985
requirements imposed upon the child as part of the child's 2,986
dispositional order of electronically monitored house detention, 2,987
the child shall not receive credit for any time served on 2,988
electronically monitored house detention toward any other 2,989
dispositional order imposed upon the child for the act for which 2,990
the dispositional order of electronically monitored house 2,992
detention was imposed.
(K)(1) Within ten days after completion of the 2,994
adjudication, the court shall give written notice of an 2,995
adjudication that a child is a delinquent child to the 2,996
superintendent of a city, local, exempted village, or joint 2,997
vocational school district, AND TO THE PRINCIPAL OF THE SCHOOL 2,998
THE CHILD ATTENDS, if the basis of the adjudication was the 2,999
72
commission of an act that would be a criminal offense if 3,000
committed by an adult and that, IF THE ACT was committed by the 3,002
delinquent child when the child was sixteen FOURTEEN years of age 3,004
or older, and if the act is any of the following:
(1) A violation of section 2923.122 of the Revised Code 3,006
that relates to property owned or controlled by, or to an 3,007
activity held under the auspices of, the board of education of 3,008
that school district (a) AN ACT THAT WOULD BE A FELONY OR AN 3,010
OFFENSE OF VIOLENCE IF COMMITTED BY AN ADULT, AN ACT IN THE 3,011
COMMISSION OF WHICH THE CHILD USED OR BRANDISHED A FIREARM, OR AN 3,012
ACT THAT IS A VIOLATION OF SECTION 2907.04, 2907.06, 2907.07, 3,013
2907.08, 2907.09, 2907.24, OR 2907.241 OF THE REVISED CODE AND
THAT WOULD BE A MISDEMEANOR IF COMMITTED BY AN ADULT; 3,014
(2)(b) A violation of section 2923.12 of the Revised Code 3,016
or of a substantially similar municipal ordinance THAT WOULD BE A 3,018
MISDEMEANOR IF COMMITTED BY AN ADULT AND that was committed on 3,020
property owned or controlled by, or at an activity held under the
auspices of, the board of education of that school district; 3,021
(3)(c) A violation of division (A) of section 2925.03 or 3,023
2925.11 of the Revised Code THAT WOULD BE A MISDEMEANOR IF 3,025
COMMITTED BY AN ADULT, that was committed on property owned or 3,026
controlled by, or at an activity held under the auspices of, the 3,027
board of education of that school district, and that is not a 3,028
minor drug possession offense as defined in section 2925.01 of 3,030
the Revised Code;
(4) A violation of section 2903.01, 2903.02, 2903.03, 3,032
2903.04, 2903.11, 2903.12, 2907.02, or 2907.05 of the Revised 3,034
Code, or a violation of former section 2907.12 of the Revised
Code, that was committed on property owned or controlled by, or 3,035
at an activity held under the auspices of, the board of education 3,036
of that school district, if the victim at the time of the 3,038
commission of the act was an employee of the board of education 3,039
of that school district;
(5)(d) Complicity in any violation described in division 3,041
73
(K)(1), (2), (3), or (4)(a) OF THIS SECTION, OR COMPLICITY IN ANY 3,043
VIOLATION DESCRIBED IN DIVISION (K)(1)(b) OR (c) of this section 3,044
that was alleged to have been committed in the manner described 3,046
in division (K)(1), (2), (3),(b) or (4)(c) of this section, AND 3,047
regardless of whether the act of complicity was committed on 3,050
property owned or controlled by, or at an activity held under the 3,051
auspices of, the board of education of that school district. 3,052
(2) THE NOTICE GIVEN PURSUANT TO DIVISION (K)(1) OF THIS 3,054
SECTION SHALL INCLUDE THE NAME OF THE CHILD WHO WAS ADJUDICATED 3,055
TO BE A DELINQUENT CHILD, THE CHILD'S AGE AT THE TIME THE CHILD 3,056
COMMITTED THE ACT THAT WAS THE BASIS OF THE ADJUDICATION, AND 3,057
IDENTIFICATION OF THE VIOLATION OF THE LAW OR ORDINANCE THAT WAS 3,058
THE BASIS OF THE ADJUDICATION.
(L) During the period of a delinquent child's probation 3,060
granted under division (A)(2) of this section, authorized 3,063
probation officers who are engaged within the scope of their 3,064
supervisory duties or responsibilities may search, with or 3,065
without a warrant, the person of the delinquent child, the place
of residence of the delinquent child, and a motor vehicle, 3,066
another item of tangible or intangible personal property, or 3,067
other real property in which the delinquent child has a right, 3,068
title, or interest or for which the delinquent child has the 3,069
express or implied permission of a person with a right, title, or 3,070
interest to use, occupy, or possess if the probation officers 3,071
have reasonable grounds to believe that the delinquent child is 3,072
not abiding by the law or otherwise is not complying with the 3,073
conditions of the delinquent child's probation. The court that 3,074
places a delinquent child on probation under division (A)(2) of 3,075
this section shall provide the delinquent child with a written 3,076
notice that informs the delinquent child that authorized 3,077
probation officers who are engaged within the scope of their 3,078
supervisory duties or responsibilities may conduct those types of 3,080
searches during the period of probation if they have reasonable
grounds to believe that the delinquent child is not abiding by 3,081
74
the law or otherwise is not complying with the conditions of the 3,082
delinquent child's probation. The court also shall provide the 3,083
written notice described in division (C)(2)(b) of section 3,084
2151.411 of the Revised Code to each parent, guardian, or
custodian of the delinquent child who is described in division 3,085
(C)(2)(a) of that section. 3,086
(M) AS USED IN THIS SECTION: 3,088
(1) "CERTIFIED ELECTRONIC MONITORING DEVICE," "CERTIFIED 3,090
ELECTRONIC MONITORING SYSTEM," "ELECTRONIC MONITORING DEVICE," 3,091
AND "ELECTRONIC MONITORING SYSTEM" HAVE THE SAME MEANINGS AS IN 3,092
SECTION 2929.23 OF THE REVISED CODE.
(2) "ELECTRONICALLY MONITORED HOUSE DETENTION" MEANS A 3,094
PERIOD OF CONFINEMENT OF A CHILD IN THE CHILD'S HOME OR IN OTHER 3,095
PREMISES SPECIFIED BY THE COURT, DURING WHICH PERIOD OF 3,097
CONFINEMENT ALL OF THE FOLLOWING APPLY: 3,098
(a) THE CHILD WEARS, OTHERWISE HAS ATTACHED TO THE CHILD'S 3,100
PERSON, OR OTHERWISE IS SUBJECT TO MONITORING BY A CERTIFIED 3,101
ELECTRONIC MONITORING DEVICE OR IS SUBJECT TO MONITORING BY A 3,102
CERTIFIED ELECTRONIC MONITORING SYSTEM. 3,103
(b) THE CHILD IS REQUIRED TO REMAIN IN THE CHILD'S HOME OR 3,105
OTHER PREMISES SPECIFIED BY THE COURT FOR THE SPECIFIED PERIOD OF 3,106
CONFINEMENT, EXCEPT FOR PERIODS OF TIME DURING WHICH THE CHILD IS 3,107
AT SCHOOL OR AT OTHER PREMISES AS AUTHORIZED BY THE COURT. 3,108
(c) THE CHILD IS SUBJECT TO MONITORING BY A CENTRAL SYSTEM 3,111
THAT MONITORS THE CERTIFIED ELECTRONIC MONITORING DEVICE THAT IS 3,112
ATTACHED TO THE CHILD'S PERSON OR THAT OTHERWISE IS BEING USED TO 3,113
MONITOR THE CHILD AND THAT CAN MONITOR AND DETERMINE THE CHILD'S 3,114
LOCATION AT ANY TIME OR AT A DESIGNATED POINT IN TIME, OR THE 3,115
CHILD IS REQUIRED TO PARTICIPATE IN MONITORING BY A CERTIFIED 3,116
ELECTRONIC MONITORING SYSTEM. 3,117
(d) THE CHILD IS REQUIRED BY THE COURT TO REPORT 3,119
PERIODICALLY TO A PERSON DESIGNATED BY THE COURT. 3,120
(e) THE CHILD IS SUBJECT TO ANY OTHER RESTRICTIONS AND 3,122
REQUIREMENTS THAT MAY BE IMPOSED BY THE COURT. 3,123
75
(3) "FELONY DRUG ABUSE OFFENSE" AND "MINOR DRUG POSSESSION 3,125
OFFENSE" HAVE THE SAME MEANINGS AS IN SECTION 2925.01 OF THE 3,126
REVISED CODE.
(4) "FIREARM" HAS THE SAME MEANING AS IN SECTION 2923.11 3,128
OF THE REVISED CODE.
(5) "SEXUALLY ORIENTED OFFENSE" HAS THE SAME MEANING AS IN 3,130
SECTION 2950.01 OF THE REVISED CODE. 3,131
(6) "THEFT OFFENSE" HAS THE SAME MEANING AS IN SECTION 3,133
2913.01 OF THE REVISED CODE.
Sec. 2151.356. (A) Unless division (C) of this section 3,142
applies, if a child is adjudicated a juvenile traffic offender, 3,143
the court may make any of the following orders of disposition: 3,144
(1) Impose a fine and costs in accordance with the 3,146
schedule set forth in section 2151.3512 of the Revised Code; 3,147
(2) Suspend the child's driver's license, probationary 3,149
driver's license, or temporary instruction permit or the 3,151
registration of all motor vehicles registered in the name of the 3,152
child for the period that the court prescribes. A child whose 3,153
license or permit is so suspended is ineligible for issuance of a 3,154
license or permit during the period of suspension. At the end of 3,155
the period of suspension, the child shall not be reissued a 3,156
license or permit until the child has paid any applicable 3,158
reinstatement fee and complied with all requirements governing 3,159
license reinstatement.
(3) Revoke the child's driver's license, probationary 3,161
driver's license, or temporary instruction permit or the 3,162
registration of all motor vehicles registered in the name of the 3,164
child. A child whose license or permit is so revoked is 3,165
ineligible for issuance of a license or permit during the period 3,166
of revocation. At the end of the period of revocation, the child 3,167
shall not be reissued a license or permit until the child has 3,169
paid any applicable reinstatement fee and complied with all
requirements governing license reinstatement. 3,170
(4) Place the child on probation; 3,172
76
(5) Require the child to make restitution for all damages 3,174
caused by the child's traffic violation or any part of the 3,175
damages; 3,176
(6) If the child is adjudicated a juvenile traffic 3,178
offender for committing a violation of division (A) of section 3,180
4511.19 of the Revised Code or of a municipal ordinance that is 3,181
substantially comparable to that division, commit the child, for 3,182
not longer than five days, to the temporary custody of a 3,183
detention home or district detention home established under
section 2151.34 of the Revised Code, or to the temporary custody 3,184
of any school, camp, institution, or other facility for children 3,185
operated in whole or in part for the care of juvenile traffic 3,187
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 3,188
private agency or organization within the state that is 3,189
authorized and qualified to provide the care, treatment, or 3,190
placement required. If an order of disposition committing a 3,191
child to the temporary custody of a home, school, camp, 3,192
institution, or other facility of that nature is made under 3,193
division (A)(6) of this section, the length of the commitment
shall not be reduced or diminished as a credit for any time that 3,194
the child was held in a place of detention or shelter care, or 3,195
otherwise was detained, prior to entry of the order of 3,196
disposition.
(7) If, after making a disposition under divisions (A)(1) 3,198
to (6) of this section, the court finds upon further hearing that 3,199
the child has failed to comply with the orders of the court and 3,200
the child's operation of a motor vehicle constitutes the child a 3,202
danger to the child and to others, the court may make any 3,203
disposition authorized by divisions (A)(1), (A)(2), (A)(7)(10) to 3,204
(A)(10)(11), and (A)(21)(22) of section 2151.355 of the Revised 3,206
Code, except that the child may not be committed to or placed in 3,207
a secure correctional facility unless authorized by division 3,208
(A)(6) of this section, and commitment to or placement in a 3,209
77
detention home may not exceed twenty-four hours.
(B) If a child is adjudicated a juvenile traffic offender 3,211
for violating division (A) of section 4511.19 of the Revised 3,213
Code, the court shall suspend or revoke the temporary instruction 3,214
permit, probationary driver's license, or driver's license issued 3,216
to the child for a period of time prescribed by the court or, at 3,217
the discretion of the court, until the child attends and 3,218
satisfactorily completes a drug abuse or alcohol abuse education, 3,219
intervention, or treatment program specified by the court.
During the time the child is attending the program, the court 3,220
shall retain any temporary instruction permit, probationary 3,221
driver's license, or driver's license issued to the child and 3,222
shall return the permit or license when the child satisfactorily 3,224
completes the program. If a child is adjudicated a juvenile 3,225
traffic offender for violating division (B) of section 4511.19 of 3,226
the Revised Code, the court shall suspend the temporary 3,227
instruction permit, probationary driver's license, or driver's 3,228
license issued to the child for a period of not less than sixty 3,230
days nor more than two years.
(C) If a child is adjudicated a juvenile traffic offender 3,232
for violating division (B)(1) or (2) of section 4513.263 of the 3,234
Revised Code, the court shall impose the appropriate fine set
forth in section 4513.99 of the Revised Code. If a child is 3,235
adjudicated a juvenile traffic offender for violating division 3,237
(B)(3) of section 4513.263 of the Revised Code and if the child 3,239
is sixteen years of age or older, the court shall impose the fine 3,240
set forth in division (G) of section 4513.99 of the Revised Code. 3,241
If a child is adjudicated a juvenile traffic offender for 3,242
violating division (B)(3) of section 4513.263 of the Revised Code 3,243
and if the child is under sixteen years of age, the court shall 3,244
not impose a fine but may place the child on probation. 3,245
(D) A juvenile traffic offender is subject to sections 3,247
4509.01 to 4509.78 of the Revised Code. 3,248
Sec. 2151.358. (A) As used in this section, "seal a 3,257
78
record" means to remove a record from the main file of similar 3,258
records and to secure it in a separate file that contains only 3,259
sealed records and that is accessible only to the juvenile court. 3,260
A record that is sealed shall be destroyed by all persons and 3,261
governmental bodies except the juvenile court. 3,262
(B) The department of youth services and any other 3,264
institution or facility that unconditionally discharges a person 3,265
who has been adjudicated a delinquent child, an unruly child, or 3,267
a juvenile traffic offender shall immediately give notice of the 3,268
discharge to the court that committed the person. The court 3,269
shall note the date of discharge on a separate record of 3,270
discharges of those natures.
(C)(1)(a) Two years after the termination of any order 3,272
made by the court or two years after the unconditional discharge 3,273
of a person from the department of youth services or another 3,274
institution or facility to which the person may have been 3,276
committed, the court that issued the order or committed the 3,277
person shall do one WHICHEVER of the following IS APPLICABLE: 3,278
(a)(i) If the person was adjudicated an unruly child, 3,280
order the record of the person sealed; 3,281
(b)(ii) If the person was adjudicated a delinquent child 3,283
FOR COMMITTING AN ACT OTHER THAN A VIOLATION OF SECTION 2903.01, 3,285
2903.02, 2907.02, 2907.03, OR 2907.05 OF THE REVISED CODE or WAS
ADJUDICATED a juvenile traffic offender, either order the record 3,287
of the person sealed or send the person notice of the person's 3,288
right to have the that record sealed. 3,289
(b) DIVISION (C)(1)(a) OF THIS SECTION DOES NOT APPLY 3,292
REGARDING A PERSON WHO WAS ADJUDICATED A DELINQUENT CHILD FOR
COMMITTING A VIOLATION OF SECTION 2903.01, 2903.02, 2907.02, 3,294
2907.03, OR 2907.05 OF THE REVISED CODE.
(2) The court shall send the notice described in division 3,296
(C)(1)(b)(a)(ii) of this section within ninety days after the 3,298
expiration of the two-year period described in division (C)(1)(a)
of this section by certified mail, return receipt requested, to 3,300
79
the the person's last known address. The notice shall state that 3,301
the person may apply to the court for an order to seal the 3,302
person's record, explain what sealing a record means, and explain 3,303
the possible consequences of not having the person's record 3,304
sealed.
(D)(1) At any time after the two-year period described in 3,306
division (C)(1)(a) of this section has elapsed, any person who 3,308
has been adjudicated a delinquent child FOR COMMITTING AN ACT 3,309
OTHER THAN A VIOLATION OF SECTION 2903.01, 2903.02, 2907.02, 3,310
2907.03, OR 2907.05 OF THE REVISED CODE or WHO HAS BEEN
ADJUDICATED a juvenile traffic offender may apply to the court 3,312
for an order to seal the person's record. The court shall hold a 3,314
hearing on each application within sixty days after the 3,315
application is received. Notice of the hearing on the
application shall be given to the prosecuting attorney and to any 3,316
other public office or agency known to have a record of the prior 3,317
adjudication. If the court finds that the rehabilitation of the 3,318
person who was adjudicated a delinquent child or a juvenile 3,319
traffic offender has been attained to a satisfactory degree, the 3,321
court may order the record of the person sealed. 3,322
(2) DIVISION (D)(1) OF THIS SECTION DOES NOT APPLY 3,324
REGARDING A PERSON WHO WAS ADJUDICATED A DELINQUENT CHILD FOR 3,325
COMMITTING A VIOLATION OF SECTION 2903.01, 2903.02, 2907.02, 3,326
2907.03, OR 2907.05 OF THE REVISED CODE.
(E)(1) If the court orders the adjudication record of a 3,328
person sealed pursuant to division (C) or (D) of this section, 3,329
the court, EXCEPT AS PROVIDED IN DIVISION (K) OF THIS SECTION, 3,331
shall order that the proceedings in the case in which the person 3,332
was adjudicated a juvenile traffic offender, a delinquent child, 3,333
or an unruly child be deemed never to have occurred. All EXCEPT 3,334
AS PROVIDED IN DIVISION (G)(2) OF THIS SECTION, ALL index 3,335
references to the case and the person shall be deleted, and the 3,336
person and the court properly may reply that no record exists 3,337
with respect to the person upon any inquiry in the matter. 3,339
80
Inspection
(2) INSPECTION of records that have been ordered sealed 3,342
UNDER DIVISION (E)(1) OF THIS SECTION may be permitted by the 3,343
court only upon MADE ONLY BY THE FOLLOWING PERSONS OR FOR THE 3,344
FOLLOWING PURPOSES:
(a) IF THE RECORDS IN QUESTION PERTAIN TO AN ACT THAT 3,346
WOULD BE AN OFFENSE OF VIOLENCE THAT WOULD BE A FELONY IF 3,347
COMMITTED BY AN ADULT, BY ANY LAW ENFORCEMENT OFFICER OR ANY 3,348
PROSECUTOR, OR THE ASSISTANTS OF A LAW ENFORCEMENT OFFICER OR 3,349
PROSECUTOR, FOR ANY VALID LAW ENFORCEMENT OR PROSECUTORIAL 3,350
PURPOSE;
(b) UPON application by the person who is the subject of 3,353
the sealed records and only, by the persons that are named in the 3,354
that application. 3,356
(F) Any person who has been arrested and charged with 3,358
being a delinquent child or a juvenile traffic offender and who 3,359
is adjudicated not guilty of the charges in the case or has the 3,361
charges in the case dismissed may apply to the court for an 3,362
expungement of the record in the case. The application may be 3,364
filed at any time after the person is adjudicated not guilty or
the charges against the person are dismissed. The court shall 3,365
give notice to the prosecuting attorney of any hearing on the 3,366
application. The court may initiate the expungement proceedings 3,367
on its own motion. 3,368
Any person who has been arrested and charged with being an 3,370
UNRULY CHILD and who is adjudicated not guilty of the charges in 3,372
the case or has the charges in the case dismissed may apply to 3,373
the court for an expungement of the record in the case. The 3,374
court shall initiate the expungement proceedings on its own 3,376
motion if an application for expungement is not filed.
If the court upon receipt of an application for expungement 3,378
or upon its own motion determines that the charges against any 3,379
person in any case were dismissed or that any person was 3,380
adjudicated not guilty in any case, the court shall order that 3,381
81
the records of the case be expunged and that the proceedings in 3,382
the case be deemed never to have occurred. If the applicant for 3,383
the expungement order, with the written consent of the 3,384
applicant's parents or guardian if the applicant is a minor and 3,386
with the written approval of the court, waives in writing the 3,388
applicant's right to bring any civil action based on the arrest 3,390
for which the expungement order is applied, the court shall order 3,391
the appropriate persons and governmental agencies to delete all 3,392
index references to the case; destroy or delete all court records 3,393
of the case; destroy all copies of any pictures and fingerprints 3,394
taken of the person pursuant to the expunged arrest; and destroy, 3,395
erase, or delete any reference to the arrest that is maintained 3,396
by the state or any political subdivision of the state, except a 3,397
record of the arrest that is maintained for compiling statistical 3,398
data and that does not contain any reference to the person. 3,399
If the applicant for an expungement order does not waive in 3,401
writing the right to bring any civil action based on the arrest 3,402
for which the expungement order is applied, the court, in 3,403
addition to ordering the deletion, destruction, or erasure of all 3,404
index references and court records of the case and of all 3,405
references to the arrest that are maintained by the state or any 3,406
political subdivision of the state, shall order that a copy of 3,407
all records of the case, except fingerprints held by the court or 3,408
a law enforcement agency, be delivered to the court. The court 3,409
shall seal all of the records delivered to the court in a 3,410
separate file in which only sealed records are maintained. The 3,411
sealed records shall be kept by the court until the statute of 3,412
limitations expires for any civil action based on the arrest, any 3,413
pending litigation based on the arrest is terminated, or the 3,414
applicant files a written waiver of the right to bring a civil 3,415
action based on the arrest. After the expiration of the statute 3,416
of limitations, the termination of the pending litigation, or the 3,417
filing of the waiver, the court shall destroy the sealed records. 3,418
After the expungement order has been issued, the court 3,420
82
shall, and the person may properly, reply that no record of the 3,421
case with respect to the person exists. 3,422
(G)(1) The court shall send notice of the order to expunge 3,424
or seal to any public office or agency that the court has reason 3,425
to believe may have a record of the expunged or sealed record. 3,426
Except as provided in division (K) of this section, an order to 3,427
seal or expunge under this section applies to every public office 3,428
or agency that has a record of the prior adjudication or arrest, 3,429
regardless of whether it receives notice of the hearing on the 3,430
expungement or sealing of the record or a copy of the order to 3,431
expunge or seal the record. Except as provided in division (K) 3,432
of this section, upon the written request of a person whose 3,433
record has been expunged or sealed and the presentation of a copy 3,434
of the order to expunge or seal, a public office or agency shall 3,435
destroy its record of the prior adjudication or arrest, except a 3,436
record of the adjudication or arrest that is maintained for 3,437
compiling statistical data and that does not contain any 3,438
reference to the person who is the subject of the order to 3,439
expunge or seal. 3,440
(2) THE PERSON, OR THE PUBLIC OFFICE OR AGENCY, THAT 3,442
MAINTAINS SEALED RECORDS PERTAINING TO AN ADJUDICATION OF A CHILD 3,443
AS A DELINQUENT CHILD MAY MAINTAIN A MANUAL OR COMPUTERIZED INDEX 3,445
TO THE SEALED RECORDS. THE INDEX SHALL CONTAIN ONLY THE NAME OF,
AND ALPHANUMERIC IDENTIFIERS THAT RELATE TO, THE PERSONS WHO ARE 3,447
THE SUBJECT OF THE SEALED RECORDS, THE WORD "SEALED," AND THE 3,448
NAME OF THE PERSON, OR THE PUBLIC OFFICE OR AGENCY THAT HAS 3,449
CUSTODY OF THE SEALED RECORDS AND SHALL NOT CONTAIN THE NAME OF 3,450
THE DELINQUENT ACT COMMITTED. THE PERSON WHO HAS CUSTODY OF THE 3,451
SEALED RECORDS SHALL MAKE THE INDEX AVAILABLE ONLY FOR THE
PURPOSES SET FORTH IN DIVISIONS (E)(2) AND (H) OF THIS SECTION. 3,453
(H) The judgment rendered by the court under this chapter 3,455
shall not impose any of the civil disabilities ordinarily imposed 3,456
by conviction of a crime in that the child is not a criminal by 3,457
reason of the adjudication. No child and no CHILD shall be 3,459
83
charged with or convicted of a crime in any court except as 3,460
provided by this chapter. The disposition of a child under the 3,461
judgment rendered or any evidence given in court shall not 3,462
operate to disqualify a child in any future civil service 3,463
examination, appointment, or application. Evidence of a judgment 3,464
rendered and the disposition of a child under the judgment is not 3,465
admissible to impeach the credibility of the child in any action 3,467
or proceeding. Otherwise, the disposition of a child under the 3,468
judgment rendered or any evidence given in court is admissible as 3,469
evidence for or against the child in any action or proceeding in 3,470
any court in accordance with the Rules of Evidence and also may 3,471
be considered by any court as to the matter of sentence or to the 3,472
granting of probation, and a court may consider the judgment 3,473
rendered and the disposition of a child under that judgment for 3,474
purposes of determining whether the child, for a future criminal 3,475
conviction or guilty plea, is a repeat violent offender, as 3,476
defined in section 2929.01 of the Revised Code.
(I) In any application for employment, license, or other 3,478
right or privilege, any appearance as a witness, or any other 3,479
inquiry, a person may not be questioned with respect to any 3,480
arrest for which the records were expunged. If an inquiry is 3,481
made in violation of this division, the person may respond as if 3,482
the expunged arrest did not occur, and the person shall not be 3,483
subject to any adverse action because of the arrest or the 3,484
response. 3,485
(J) An officer or employee of the state or any of its 3,487
political subdivisions who knowingly releases, disseminates, or 3,488
makes available for any purpose involving employment, bonding, 3,489
licensing, or education to any person or to any department, 3,490
agency, or other instrumentality of the state or of any of its 3,491
political subdivisions any information or other data concerning 3,492
any arrest, complaint, trial, hearing, adjudication, or 3,493
correctional supervision, the records of which have been expunged 3,494
or sealed pursuant to this section AND THE RELEASE, 3,495
84
DISSEMINATION, OR MAKING AVAILABLE OF WHICH IS NOT EXPRESSLY 3,496
PERMITTED BY THIS SECTION, is guilty of divulging confidential 3,498
information, a misdemeanor of the fourth degree.
(K) Notwithstanding any provision of this section that 3,500
requires otherwise, a board of education of a city, local, 3,501
exempted village, or joint vocational school district that 3,502
maintains records of an individual who has been permanently 3,503
excluded under sections 3301.121 and 3313.662 of the Revised Code 3,504
is permitted to maintain records regarding an adjudication that 3,505
the individual is a delinquent child that was used as the basis 3,506
for the individual's permanent exclusion, regardless of a court 3,507
order to seal the record. An order issued under this section to 3,508
seal the record of an adjudication that an individual is a 3,509
delinquent child does not revoke the adjudication order of the 3,510
superintendent of public instruction to permanently exclude the 3,511
individual who is the subject of the sealing order. An order 3,512
issued under this section to seal the record of an adjudication 3,513
that an individual is a delinquent child may be presented to a 3,514
district superintendent as evidence to support the contention 3,515
that the superintendent should recommend that the permanent 3,516
exclusion of the individual who is the subject of the sealing 3,517
order be revoked. Except as otherwise authorized by this 3,518
division and sections 3301.121 and 3313.662 of the Revised Code, 3,519
any school employee in possession of or having access to the 3,520
sealed adjudication records of an individual that were the basis 3,521
of a permanent exclusion of the individual is subject to division 3,522
(J) of this section. 3,523
Sec. 2151.359. (A)(1) In any proceeding wherein IN WHICH 3,533
a child has been adjudged ADJUDICATED A delinquent, unruly, 3,534
abused, neglected, or dependent CHILD, on the application of a
party, or ON the court's own motion, the court may make an order 3,536
restraining or otherwise controlling the conduct of any parent, 3,537
guardian, or other custodian in the relationship of such THAT 3,538
individual to the child if the court finds that such an BOTH OF 3,539
85
THE FOLLOWING:
(a) AN order OF THAT NATURE is necessary to: 3,541
(A) Control CONTROL any conduct or relationship that will 3,543
be detrimental or harmful to the child; 3,544
(B) Where such. 3,546
(b) THAT conduct or relationship will tend to defeat the 3,549
execution of the order of disposition made or to be made.
Due (2) THE COURT SHALL GIVE DUE notice of the application 3,552
or motion and, the grounds therefor FOR THE APPLICATION OR 3,553
MOTION, and an opportunity to be heard shall be given to the 3,554
person against whom such AN order UNDER THIS DIVISION is 3,555
directed. 3,556
(B) THE AUTHORITY TO MAKE AN ORDER UNDER DIVISION (A) OF 3,558
THIS SECTION AND ANY ORDER MADE UNDER THAT AUTHORITY IS IN 3,560
ADDITION TO THE AUTHORITY TO MAKE AN ORDER PURSUANT TO DIVISION 3,562
(C)(2) OF SECTION 2151.354 OR DIVISION (A)(24)(b) OF SECTION 3,563
2151.355 OF THE REVISED CODE AND TO ANY ORDER MADE UNDER EITHER 3,564
DIVISION. 3,565
Sec. 2151.3512. If a child is adjudicated a delinquent 3,575
child or is adjudicated a juvenile traffic offender, the court 3,576
may make an order of disposition of the child under division 3,577
(A)(8)(a) of section 2151.355 or under division (A)(1) of section 3,578
2151.356 of the Revised Code, whichever is applicable, by 3,579
imposing a fine and costs in accordance with the following 3,580
schedule:
(A) If the child was adjudicated a delinquent child or a 3,583
juvenile traffic offender for committing an act that would be a 3,584
minor misdemeanor or an unclassified misdemeanor if committed by 3,585
an adult, a fine not to exceed fifty dollars and costs; 3,586
(B) If the child was adjudicated a delinquent child or a 3,589
juvenile traffic offender for committing an act that would be a 3,590
misdemeanor of the fourth degree if committed by an adult, a fine 3,591
not to exceed seventy-five dollars and costs;
(C) If the child was adjudicated a delinquent child or a 3,594
86
juvenile traffic offender for committing an act that would be a 3,595
misdemeanor of the third degree if committed by an adult, a fine 3,596
not to exceed one hundred twenty-five dollars and costs; 3,597
(D) If the child was adjudicated a delinquent child or a 3,600
juvenile traffic offender for committing an act that would be a 3,601
misdemeanor of the second degree if committed by an adult, a fine 3,602
not to exceed one hundred seventy-five dollars and costs; 3,603
(E) If the child was adjudicated a delinquent child or a 3,606
juvenile traffic offender for committing an act that would be a 3,607
misdemeanor of the first degree if committed by an adult, a fine 3,608
not to exceed two hundred twenty-five dollars and costs; 3,609
(F) If the child was adjudicated a delinquent child or a 3,612
juvenile traffic offender for committing an act that would be a 3,613
felony of the fifth degree or an unclassified felony if committed 3,615
by an adult, a fine not to exceed three hundred dollars and 3,616
costs;
(G) If the child was adjudicated a delinquent child or a 3,619
juvenile traffic offender for committing an act that would be a 3,620
felony of the fourth degree if committed by an adult, a fine not 3,621
to exceed four hundred dollars and costs; 3,622
(H) If the child was adjudicated a delinquent child or a 3,624
juvenile traffic offender for committing an act that would be a 3,625
felony of the third degree if committed by an adult, a fine not 3,626
to exceed seven hundred fifty dollars and costs; 3,627
(I) If the child was adjudicated a delinquent child or a 3,630
juvenile traffic offender for committing an act that would be a 3,631
felony of the second degree if committed by an adult, a fine not 3,632
to exceed one thousand dollars and costs; 3,633
(J) If the child was adjudicated a delinquent child or a 3,636
juvenile traffic offender for committing an act that would be a 3,637
felony of the first degree if committed by an adult, a fine not 3,638
to exceed one thousand four hundred fifty dollars and costs; 3,639
(K) If the child was adjudicated a delinquent child for 3,642
committing an act that would be aggravated murder or murder if 3,643
87
committed by an adult, a fine not to exceed one thousand eight 3,644
hundred dollars and costs.
Sec. 2151.47. Any adult WHO IS arrested OR CHARGED under 3,653
sections 2151.01 to 2151.54, inclusive, of the Revised Code, ANY 3,654
PROVISION IN THIS CHAPTER AND WHO IS CHARGED WITH A CRIME may 3,655
demand a trial by jury, or the juvenile judge upon his THE 3,656
JUDGE'S own motion may call a jury. A demand for a jury trial 3,658
must SHALL be made in writing in not less than three days before 3,659
the date set for trial, or within three days after counsel has 3,660
been retained, whichever is later. Sections 2945.17 and 2945.22 3,661
2945.23 to 2945.36, inclusive, of the Revised Code, relating to 3,662
the drawing and impaneling of jurors in criminal cases in the 3,664
court of common pleas, other than in capital cases, shall apply 3,665
to such A jury trial UNDER THIS SECTION. The compensation of 3,667
jurors and costs of the clerk and sheriff shall be taxed and paid 3,668
IN THE SAME MANNER as in criminal cases in the court of common
pleas. 3,669
Sec. 3321.14. Notwithstanding division (D) of section 3,678
3311.19 and division (D) of section 3311.52 of the Revised Code, 3,679
the provisions of this section and sections 3321.15 to 3321.22 3,680
3321.21 of the Revised Code that apply to a city school district 3,682
or its superintendent do not apply to any joint vocational or
cooperative education school district or its superintendent 3,683
unless otherwise specified. 3,684
The board of education of every city school district and of 3,686
every exempted village school district shall employ an attendance 3,687
officer, and may employ or appoint such ANY assistants as THAT 3,688
the board deems advisable. In cities of one hundred thousand 3,690
population or over, the board may appoint, subject to the
nomination of the superintendent of schools, one or more 3,691
pupil-personnel workers and make provision for the traveling 3,692
expenses within the school district of such THOSE employees. 3,693
Sec. 3321.18. The attendance officer provided for by 3,702
section 3321.14 or 3321.15 of the Revised Code shall institute 3,703
88
proceedings against any officer, parent, guardian, or other 3,704
person violating laws relating to compulsory education and the 3,705
employment of minors, and otherwise discharge the duties 3,706
described in sections 3321.14 to 3321.22 3321.21 of the Revised 3,708
Code, and perform such ANY other service as THAT the 3,709
superintendent of schools or board of education of the district 3,711
by which the attendance officer is employed considers necessary 3,712
to preserve the morals and secure the good conduct of school 3,713
children, and to enforce such THOSE laws. 3,714
The attendance officer shall be furnished with copies of 3,716
the enumeration in each school district in which the attendance 3,717
officer serves and of the lists of pupils enrolled in the schools 3,718
and shall report to the superintendent discrepancies between 3,719
these lists and the enumeration. 3,720
The attendance officer and assistants shall cooperate with 3,722
the director of commerce in enforcing the laws relating to the 3,724
employment of minors. The attendance officer shall furnish upon 3,725
request such ANY data as THAT the attendance officer and the 3,726
attendance officer's assistants have collected in their reports 3,727
of children from six to eighteen years of age and also concerning 3,728
employers to the director and upon request to the state board of 3,730
education. The attendance officer must SHALL keep a record of 3,731
the attendance officer's transactions for the inspection and 3,732
information of the superintendent of schools and the board of 3,733
education; and shall make reports to the superintendent of 3,734
schools as often as required by the superintendent. The state 3,736
board of education may prescribe forms for the use of attendance
officers in the performance of their duties. The blank forms and 3,737
record books or indexes shall be furnished to the attendance 3,738
officers by the boards of education by which they are employed. 3,739
Sec. 3321.19. (A) AS USED IN THIS SECTION AND SECTION 3,749
3321.191 OF THE REVISED CODE, "HABITUAL TRUANT" AND "CHRONIC 3,750
TRUANT" HAVE THE SAME MEANINGS AS IN SECTION 2151.011 OF THE 3,751
REVISED CODE. 3,752
89
(B) When a board of education OF ANY CITY, EXEMPTED 3,755
VILLAGE, LOCAL, JOINT VOCATIONAL, OR COOPERATIVE EDUCATION SCHOOL 3,756
DISTRICT OR THE GOVERNING BOARD OF ANY EDUCATIONAL SERVICE CENTER 3,757
determines that a student in its district has been truant and the 3,758
parent, guardian, or other person having care of the child has 3,759
failed to cause the student's attendance AT SCHOOL, the board may 3,760
require the parent, guardian, or other person having care of the 3,762
child pursuant to division (B) of this section to attend an 3,763
educational program established pursuant to rules adopted by the 3,764
state board of education for the purpose of encouraging parental 3,765
involvement in compelling the attendance of the child AT SCHOOL. 3,766
No parent, GUARDIAN, OR OTHER PERSON HAVING CARE OF A CHILD 3,768
shall fail without good cause to attend such a AN EDUCATIONAL 3,770
program when DESCRIBED IN THIS DIVISION IF THE PARENT, GUARDIAN, 3,771
OR OTHER PERSON HAS BEEN served notice pursuant to division 3,772
(B)(C) of this section. 3,774
(B)(C) On the request of the superintendent of schools or, 3,777
THE SUPERINTENDENT OF ANY EDUCATIONAL SERVICE CENTER, the board 3,779
of education OF ANY CITY, EXEMPTED VILLAGE, LOCAL, JOINT
VOCATIONAL, OR COOPERATIVE EDUCATION SCHOOL DISTRICT, OR THE 3,780
GOVERNING BOARD OF ANY EDUCATIONAL SERVICE CENTER or when it 3,781
otherwise comes to his THE notice OF THE ATTENDANCE OFFICER OR 3,783
OTHER APPROPRIATE OFFICER OF THE SCHOOL DISTRICT, the attendance 3,784
officer OR OTHER APPROPRIATE OFFICER shall examine into any case 3,785
of supposed truancy within his THE district, and SHALL warn the 3,786
child, if found truant, and his THE CHILD'S parent, guardian, or 3,789
other person in charge HAVING CARE of him THE CHILD, in writing, 3,791
of the legal consequences of truancy if persisted in BEING AN 3,792
HABITUAL OR CHRONIC TRUANT. When any child of compulsory school 3,793
age, in violation of law, is not attending school, the attendance 3,794
OR OTHER APPROPRIATE officer shall notify the parent, guardian, 3,795
or other person in charge HAVING CARE of such THAT child of the 3,796
fact, and require such THE parent, guardian, or other person to 3,797
cause the child to attend school forthwith; and the IMMEDIATELY. 3,799
90
THE parent, guardian, or other person in charge HAVING CARE of 3,801
the child shall cause such THE child's attendance at school. 3,803
Upon the failure of the parent, guardian, or other person in 3,804
charge HAVING CARE of the child to do so, the attendance OFFICER 3,805
OR OTHER APPROPRIATE officer shall either make complaint against 3,806
the parent, guardian, or other person in charge of the child in 3,807
any court of competent jurisdiction or, if so directed by the 3,808
superintendent or, THE district board, OR THE EDUCATIONAL SERVICE 3,810
CENTER GOVERNING BOARD, SHALL send notice requiring such person's 3,811
THE attendance OF THAT PARENT, GUARDIAN, OR OTHER PERSON at a 3,812
parental education program established pursuant to division 3,814
(A)(B) of this section AND, SUBJECT TO DIVISIONS (D) AND (E) OF 3,815
THIS SECTION, MAY FILE A COMPLAINT AGAINST THE PARENT, GUARDIAN, 3,816
OR OTHER PERSON HAVING CARE OF THE CHILD IN ANY COURT OF 3,817
COMPETENT JURISDICTION.
(D) UPON THE FAILURE OF THE PARENT, GUARDIAN, OR OTHER 3,819
PERSON HAVING CARE OF THE CHILD TO CAUSE THE CHILD'S ATTENDANCE 3,820
AT SCHOOL, IF THE CHILD IS CONSIDERED AN HABITUAL TRUANT, THE 3,821
BOARD OF EDUCATION OF THE SCHOOL DISTRICT OR THE GOVERNING BOARD 3,823
OF THE EDUCATIONAL SERVICE CENTER SHALL DO EITHER OR BOTH OF THE 3,824
FOLLOWING:
(1) TAKE ANY APPROPRIATE ACTION AS AN INTERVENTION 3,826
STRATEGY CONTAINED IN THE POLICY DEVELOPED BY THE BOARD PURSUANT 3,827
TO SECTION 3321.191 OF THE REVISED CODE; 3,828
(2) FILE A COMPLAINT IN THE JUVENILE COURT OF THE COUNTY 3,832
IN WHICH THE CHILD HAS A RESIDENCE OR LEGAL SETTLEMENT OR IN 3,833
WHICH THE CHILD IS SUPPOSED TO ATTEND SCHOOL JOINTLY AGAINST THE
CHILD AND THE PARENT, GUARDIAN, OR OTHER PERSON HAVING CARE OF 3,834
THE CHILD. A COMPLAINT FILED IN THE JUVENILE COURT UNDER THIS 3,835
DIVISION SHALL ALLEGE THAT THE CHILD IS AN UNRULY CHILD FOR BEING 3,836
AN HABITUAL TRUANT OR IS A DELINQUENT CHILD FOR BEING AN HABITUAL 3,837
TRUANT WHO PREVIOUSLY HAS BEEN ADJUDICATED AN UNRULY CHILD FOR 3,839
BEING AN HABITUAL TRUANT AND THAT THE PARENT, GUARDIAN, OR OTHER 3,840
PERSON HAVING CARE OF THE CHILD HAS VIOLATED SECTION 3321.38 OF 3,841
91
THE REVISED CODE. 3,842
(E) UPON THE FAILURE OF THE PARENT, GUARDIAN, OR OTHER 3,844
PERSON HAVING CARE OF THE CHILD TO CAUSE THE CHILD'S ATTENDANCE 3,845
AT SCHOOL, IF THE CHILD IS CONSIDERED A CHRONIC TRUANT, THE BOARD 3,847
OF EDUCATION OF THE SCHOOL DISTRICT OR THE GOVERNING BOARD OF THE 3,848
EDUCATIONAL SERVICE CENTER SHALL FILE A COMPLAINT IN THE JUVENILE 3,851
COURT OF THE COUNTY IN WHICH THE CHILD HAS A RESIDENCE OR LEGAL 3,852
SETTLEMENT OR IN WHICH THE CHILD IS SUPPOSED TO ATTEND SCHOOL 3,853
JOINTLY AGAINST THE CHILD AND THE PARENT, GUARDIAN, OR OTHER 3,854
PERSON HAVING CARE OF THE CHILD. A COMPLAINT FILED IN THE
JUVENILE COURT UNDER THIS DIVISION SHALL ALLEGE THAT THE CHILD IS 3,856
A DELINQUENT CHILD FOR BEING A CHRONIC TRUANT AND THAT THE
PARENT, GUARDIAN, OR OTHER PERSON HAVING CARE OF THE CHILD HAS 3,858
VIOLATED SECTION 3321.38 OF THE REVISED CODE. 3,859
Sec. 3321.191. (A) NO LATER THAN AUGUST 31, 2000, THE 3,861
BOARD OF EDUCATION OF EACH CITY, EXEMPTED VILLAGE, LOCAL, JOINT 3,863
VOCATIONAL, AND COOPERATIVE EDUCATION SCHOOL DISTRICT AND THE 3,864
GOVERNING BOARD OF EACH EDUCATIONAL SERVICE CENTER SHALL ADOPT A 3,865
POLICY TO GUIDE EMPLOYEES OF THE SCHOOL DISTRICT OR SERVICE 3,866
CENTER IN ADDRESSING AND AMELIORATING THE ATTENDANCE PRACTICE OF 3,868
ANY PUPIL WHO IS AN HABITUAL TRUANT. IN DEVELOPING THE POLICY, 3,869
THE APPROPRIATE BOARD SHALL CONSULT WITH THE JUDGE OF THE
JUVENILE COURT OF THE COUNTY OR COUNTIES IN WHICH THE DISTRICT OR 3,870
SERVICE CENTER IS LOCATED, WITH THE PARENTS, GUARDIANS, OR OTHER 3,872
PERSONS HAVING CARE OF THE PUPILS ATTENDING SCHOOL IN THE 3,873
DISTRICT, AND WITH APPROPRIATE STATE AND LOCAL AGENCIES. THE 3,874
BOARD SHALL INCORPORATE INTO THE POLICY AS AN INTERVENTION 3,875
STRATEGY THE ASSIGNMENT OF AN HABITUAL TRUANT TO AN ALTERNATIVE 3,876
SCHOOL PURSUANT TO SECTION 3313.533 OF THE REVISED CODE IF AN 3,877
ALTERNATIVE SCHOOL HAS BEEN ESTABLISHED BY THE BOARD UNDER THAT 3,878
SECTION.
(B) THE POLICY DEVELOPED UNDER DIVISION (A) OF THIS 3,880
SECTION MAY INCLUDE AS AN INTERVENTION STRATEGY ANY OF THE 3,882
FOLLOWING ACTIONS, IF APPROPRIATE: 3,883
92
(1) PROVIDING A TRUANCY INTERVENTION PROGRAM FOR AN 3,886
HABITUAL TRUANT;
(2) PROVIDING COUNSELING FOR AN HABITUAL TRUANT; 3,888
(3) REQUESTING OR REQUIRING A PARENT, GUARDIAN, OR OTHER 3,890
PERSON HAVING CARE OF AN HABITUAL TRUANT TO ATTEND PARENTAL 3,891
INVOLVEMENT PROGRAMS, INCLUDING PROGRAMS ADOPTED UNDER SECTION 3,892
3313.472 OR 3313.663 OF THE REVISED CODE; 3,893
(4) REQUESTING OR REQUIRING A PARENT, GUARDIAN, OR OTHER 3,896
PERSON HAVING CARE OF AN HABITUAL TRUANT TO ATTEND TRUANCY 3,897
PREVENTION MEDIATION PROGRAMS;
(5) NOTIFICATION OF THE REGISTRAR OF MOTOR VEHICLES UNDER 3,899
SECTION 3321.13 OF THE REVISED CODE; 3,900
(6) TAKING LEGAL ACTION UNDER SECTION 2919.222, 3321.20, 3,902
OR 3321.38 OF THE REVISED CODE. 3,903
(C) NOTHING IN THIS SECTION SHALL BE CONSTRUED TO LIMIT 3,905
THE DUTY OR AUTHORITY OF A DISTRICT BOARD OF EDUCATION OR 3,906
GOVERNING BODY OF AN EDUCATIONAL SERVICE CENTER TO DEVELOP OTHER 3,907
POLICIES RELATED TO TRUANCY OR TO LIMIT THE DUTY OR AUTHORITY OF 3,908
ANY EMPLOYEE OF THE SCHOOL DISTRICT OR SERVICE CENTER TO RESPOND 3,909
TO PUPIL TRUANCY.
Sec. 3321.20. When any child, in violation of section 3,918
3321.08 or 3321.09 of the Revised Code, is not attending a 3,919
part-time school or class, the attendance officer shall warn the 3,920
child and his THE CHILD'S parent, guardian, or other person in 3,922
charge of him THE CHILD in writing of the legal consequences of 3,923
his THE CHILD'S failure to attend such THE PART-TIME school or 3,924
class. If the parent, guardian, or other person in charge of 3,925
such THAT child fails thereupon to cause his THE CHILD'S 3,928
attendance at such THE part-time school or class, the attendance 3,929
officer shall make complaint against the parent, guardian, or 3,932
other person in charge of the child in any THE JUVENILE court of 3,934
competent jurisdiction THE COUNTY IN WHICH THE CHILD HAS A
RESIDENCE OR LEGAL SETTLEMENT OR IN WHICH THE CHILD IS SUPPOSED 3,935
TO ATTEND THE PART-TIME SCHOOL OR CLASS. 3,936
93
Sec. 3321.22. If (A) EXCEPT AS PROVIDED IN DIVISION (B) 3,946
OF THIS SECTION, IF A COMPLAINT IS FILED AGAINST the parent,
guardian, or other person in charge of a child, upon complaint 3,948
for a failure to cause the child to attend school or a part-time 3,949
school or class, AND IF THE PARENT, GUARDIAN, OR OTHER PERSON 3,950
proves AN inability to do so, then such THE parent, guardian, or 3,952
other person in charge of a child shall be discharged. UPON THE 3,953
DISCHARGE, and thereupon the attendance officer shall make FILE A 3,954
complaint before the judge of the juvenile court of the county 3,956
ALLEGING that the child is a delinquent child, UNRULY CHILD, or 3,957
dependent child within the meaning of section 2151.02, 2151.021, 3,958
or 2151.04 of the Revised Code. Such THE judge shall hear the 3,960
complaint and if he THE JUDGE determines that the child is a 3,962
delinquent, UNRULY, or dependent child within one of such THOSE 3,964
sections he THE JUDGE shall deal with the child according to 3,966
section 2151.35 or 2151.36 of the Revised Code.
(B) DIVISION (A) OF THIS SECTION DOES NOT APPLY REGARDING 3,969
A COMPLAINT FILED UNDER DIVISION (D) OR (E) OF SECTION 3321.19 OF 3,970
THE REVISED CODE OR OTHERWISE FILED AND ALLEGING THAT A CHILD IS 3,971
AN HABITUAL TRUANT OR CHRONIC TRUANT.
Sec. 3321.38. (A) No parent, guardian, or other person 3,980
having care of a child of compulsory school age shall violate ANY 3,982
PROVISION OF section 3321.01, 3321.03, 3321.04, 3321.07, or
3321.10, division (A) or (B) of section 3321.19, or section 3,984
3321.20, or 3331.14 of the Revised Code. The JUVENILE court, 3,986
WHICH HAS EXCLUSIVE ORIGINAL JURISDICTION OVER ANY VIOLATION OF 3,987
THIS SECTION PURSUANT TO SECTION 2151.23 OF THE REVISED CODE, may 3,988
require a person convicted of violating this division to give 3,989
bond in the A sum of one NOT MORE THAN FIVE hundred dollars with 3,990
sureties to the approval of the court, conditioned that the 3,991
person will cause the child under the person's charge to attend 3,992
upon instruction as provided by law, and remain as a pupil in the 3,993
school or class during the term prescribed by law. IF THE 3,995
JUVENILE COURT ADJUDICATES THE CHILD AS AN UNRULY OR DELINQUENT 3,996
94
CHILD FOR BEING AN HABITUAL OR CHRONIC TRUANT PURSUANT TO SECTION 3,997
2151.35 OF THE REVISED CODE, THE COURT SHALL WARN THE PARENT, 3,999
GUARDIAN, OR OTHER PERSON HAVING CARE OF THE CHILD THAT ANY
SUBSEQUENT ADJUDICATION OF THAT NATURE INVOLVING THE CHILD MAY 4,000
RESULT IN A CRIMINAL CHARGE AGAINST THE PARENT, GUARDIAN, OR 4,001
OTHER PERSON HAVING CARE OF THE CHILD FOR A VIOLATION OF DIVISION 4,002
(C) OF SECTION 2919.21 OR SECTION 2919.24 OF THE REVISED CODE. 4,003
(B) This section does not relieve from prosecution and 4,005
conviction any parent, guardian, or other person upon further 4,006
violation of such ANY PROVISION IN ANY OF THE sections; nor shall 4,008
SPECIFIED IN DIVISION (A) OF THIS SECTION, ANY PROVISION OF 4,009
SECTION 2919.222 OR 2919.24 OF THE REVISED CODE, OR DIVISION (C) 4,010
OF SECTION 2919.21 OF THE REVISED CODE. A forfeiture of the bond 4,012
SHALL NOT relieve such THAT PARENT, GUARDIAN, OR OTHER person 4,014
from prosecution and conviction upon further violation of such 4,015
ANY PROVISION IN ANY OF THOSE sections OR THAT DIVISION. 4,016
(C) Section 4109.13 of the Revised Code applies to this 4,018
section.
Sec. 3321.99. Whoever violates division (A) of section 4,027
3321.38 of the Revised Code shall MAY be fined not less than five 4,028
nor more than twenty FIVE HUNDRED dollars OR MAY BE ORDERED TO 4,030
PERFORM NOT MORE THAN SEVENTY HOURS OF COMMUNITY SERVICE WORK.
Sec. 3730.99. (A) Whoever violates division (A), (B), or 4,040
(C) of section 3730.02 or division (A) of section 3730.06 of the 4,041
Revised Code is guilty of a misdemeanor of the fourth degree. 4,042
(B) Whoever violates division (B)(1) or (2) of section 4,044
3730.07 of the Revised Code is guilty of a misdemeanor of the 4,045
first degree.
(C)(1) Whoever violates division (A)(1) of section 3730.07 4,047
of the Revised Code is a delinquent child and is subject to an 4,048
order of disposition under division (A)(8)(a) of section 2151.355 4,049
of the Revised Code, which order of disposition shall require the 4,051
child to pay a fine as described in division (B) of section 4,052
2151.3512 of the Revised Code.
95
(2) Whoever violates division (A)(2) of section 3730.07 of 4,054
the Revised Code is a delinquent child and is subject to an order 4,055
of disposition under division (A)(8)(a) of section 2151.355 of 4,056
the Revised Code, which order of disposition shall require the 4,058
child to pay a fine as described in division (E) of section 4,059
2151.3512 of the Revised Code.
Sec. 4109.13. (A) The administrator of the bureau of 4,069
employment services shall designate enforcement officials to 4,070
enforce this chapter.
(B) An enforcement official shall, upon discovery of a 4,072
violation of this chapter and after notice to the employer, SHALL 4,073
make a complaint against the offending employer in any court of 4,075
competent jurisdiction.
(C) Enforcement officials shall make complaint by filing a 4,077
complaint before a court having competent jurisdiction against 4,078
any person violating any law relating to the employment of 4,079
minors. This section shall not be construed to limit the right 4,080
of other persons to make such THOSE complaints. 4,081
(D) County courts, municipal courts, and juvenile courts 4,083
have jurisdiction to try offenses under this chapter and. 4,084
JUVENILE COURTS HAVE EXCLUSIVE ORIGINAL JURISDICTION TO TRY 4,086
OFFENSES UNDER section 3321.38 of the Revised Code. 4,087
(E) No person or enforcement official instituting 4,089
proceedings under this section shall be required to file or give 4,090
security for the costs. If a defendant is acquitted, the judge, 4,091
police judge, or juvenile judge before whom the case is brought 4,092
shall certify the costs to the county auditor, who. THE COUNTY 4,094
AUDITOR shall examine the amount and, if necessary, correct it; 4,095
and. THE COUNTY AUDITOR shall issue his A warrant on the county 4,097
treasurer in favor of the persons to whom THE costs are due. 4,098
(F) Fines collected for violations of this chapter and 4,100
section 3321.38 of the Revised Code shall be paid into the funds 4,101
of the school district in which the offense was committed. 4,102
Sec. 5139.36. (A) In accordance with this section and the 4,111
96
rules adopted under it and from funds appropriated to the 4,112
department of youth services for the purposes of this section, 4,113
the department shall make grants that provide financial resources 4,114
to operate community corrections facilities for felony 4,115
delinquents. 4,116
(B)(1) Each community corrections facility that intends to 4,118
seek a grant under this section shall file an application with 4,119
the department of youth services at the time and in accordance 4,120
with the procedures that the department shall establish by rules 4,121
adopted in accordance with Chapter 119. of the Revised Code. In 4,122
addition to other items required to be included in the 4,123
application, a plan that satisfies both of the following shall be 4,124
included: 4,125
(a) It reduces the number of felony delinquents committed 4,129
to the department from the county or counties associated with the 4,130
community corrections facility. 4,131
(b) It ensures equal access for minority felony 4,133
delinquents to the programs and services for which a potential 4,134
grant would be used. 4,135
(2) The department of youth services shall review each 4,137
application submitted pursuant to division (B)(1) of this section 4,138
to determine whether the plan described in that division, the 4,139
community corrections facility, and the application comply with 4,140
this section and the rules adopted under it. 4,141
(C) To be eligible for a grant under this section and for 4,143
continued receipt of moneys comprising a grant under this 4,144
section, a community corrections facility shall satisfy at least 4,145
all of the following requirements: 4,146
(1) Be constructed, reconstructed, improved, or financed 4,148
by the Ohio building authority pursuant to section 307.021 of the 4,149
Revised Code and Chapter 152. of the Revised Code for the use of 4,150
the department of youth services and be designated as a community 4,151
corrections facility; 4,152
(2) Have written standardized criteria governing the types 4,154
97
of felony delinquents that are eligible for the programs and 4,155
services provided by the facility; 4,156
(3) Have a written standardized intake screening process 4,158
and an intake committee that at least performs both of the 4,159
following tasks: 4,160
(a) Screens all eligible felony delinquents who are being 4,162
considered for admission to the facility in lieu of commitment to 4,163
the department; 4,164
(b) Notifies, within ten days after the date of the 4,166
referral of a felony delinquent to the facility, the committing 4,167
court whether the felony delinquent will be admitted to the 4,168
facility. 4,169
(4) Comply with all applicable fiscal and program rules 4,171
that the department adopts in accordance with Chapter 119. of the 4,172
Revised Code and demonstrate that felony delinquents served by 4,173
the facility have been or will be diverted from a commitment to 4,174
the department. 4,175
(D) The department of youth services shall determine the 4,177
method of distribution of the funds appropriated for grants under 4,178
this section to community corrections facilities. 4,179
(E) With the consent of a committing court and of a 4,181
community corrections facility that has received a grant under 4,182
this section, the department of youth services may place in that 4,183
facility a felony delinquent who has been committed to the 4,184
department. During the period in which the felony delinquent is 4,186
in that facility, the felony delinquent shall remain in the legal 4,187
custody of the department. 4,188
(F) IF THE BOARD OR OTHER GOVERNING BODY OF A COMMUNITY 4,190
CORRECTIONS FACILITY ESTABLISHES AN ADVISORY BOARD, THE BOARD OR 4,191
OTHER GOVERNING AUTHORITY OF THE COMMUNITY CORRECTIONS FACILITY 4,192
SHALL REIMBURSE THE MEMBERS OF THE ADVISORY BOARD FOR THEIR 4,193
ACTUAL AND NECESSARY EXPENSES INCURRED IN THE PERFORMANCE OF 4,195
THEIR OFFICIAL DUTIES ON THE ADVISORY BOARD. THE MEMBERS OF 4,196
ADVISORY BOARDS SHALL SERVE WITHOUT COMPENSATION.
98
Section 2. That existing sections 2151.011, 2151.02, 4,198
2151.022, 2151.18, 2151.23, 2151.27, 2151.28, 2151.311, 2151.312, 4,199
2151.313, 2151.35, 2151.354, 2151.355, 2151.356, 2151.358, 4,200
2151.359, 2151.3512, 2151.47, 3321.14, 3321.18, 3321.19, 3321.20, 4,201
3321.22, 3321.38, 3321.99, 3730.99, 4109.13, and 5139.36 and 4,202
section 5139.031 of the Revised Code are hereby repealed. 4,203
Section 3. Section 2151.358 of the Revised Code is 4,206
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 4,207
Assembly, with the new language of neither of the acts shown in 4,208
capital letters. This is in recognition of the principle stated 4,209
in division (B) of section 1.52 of the Revised Code that such 4,210
amendments are to be harmonized where not substantively 4,211
irreconcilable and constitutes a legislative finding that such is 4,212
the resulting version in effect prior to the effective date of 4,213
this act.