As Passed by the House 1
123rd General Assembly 4
Regular Session Am. 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-TIBERI-
HARRIS-METZGER-GRENDELL-SALERNO-DISTEL-CLANCY-HOOPS- 11
GOODMAN-JOLIVETTE-STAPLETON-TERWILLEGER-VESPER- 12
WILLAMOWSKI-WIDENER-CORBIN-JACOBSON-CATES 13
_________________________________________________________________ 14
A B I L L
To amend sections 2151.011, 2151.02, 2151.022, 16
2151.18, 2151.23, 2151.27, 2151.28, 2151.311, 17
2151.312, 2151.313, 2151.35, 2151.354, 2151.355, 18
2151.356, 2151.358, 2151.359, 2151.3512, 2151.47, 19
3321.14, 3321.18, 3321.19, 3321.20, 3321.22, 20
3321.38, 3321.99, 3730.99, 4109.13, and 5139.36,
to enact section 3321.191, and to repeal section 21
5139.031 of the Revised Code to require the 22
parent, guardian, or legal custodian of a child 23
to attend all juvenile proceedings regarding the 24
child; to define "habitual truant" and "chronic 25
truant," designate a chronic truant as a 26
delinquent child, allow children alleged to be 27
delinquent children based on chronic truancy to
be held in adult facilities for up to three hours 28
for processing and to specify when habitual and 29
chronic truants can be held in detention homes or 30
centers for delinquent children; to require a
school district board of education or educational 31
service center governing board to adopt 33
intervention strategies addressing pupils'
habitual truancy; to grant a juvenile court 34
exclusive original jurisdiction over the failure 35
2
of a responsible adult to cause a truant child's 36
attendance at school, other Compulsory School Age
Law violations, and parental education neglect; 37
to provide that unruly child complaints of 38
habitual truancy and delinquent child complaints
of chronic truancy be filed jointly against the 40
child and the person having care of the child; to
authorize a juvenile court to impose specified 41
orders against an habitually truant unruly child 42
and the person having care of that child; to 43
authorize a juvenile court to impose delinquent
child dispositional orders against a chronically 44
truant delinquent child and specified orders
against the person having care of that child; to 45
make the fine for permitting truancy permissive; 46
to increase the maximum fine for permitting 47
truancy; to permit a court to order the persons 48
having care of a truant student to perform up to
70 hours of community service; to increase the 49
maximum amount of the surety bond that may be 50
required of the persons having care of a truant 51
student; to make other changes in Compulsory 52
School Age Law; to require the notification of 53
school officials if a child who is 14 years of 54
age or older is adjudicated a delinquent child
for any of a list of specified acts; to prohibit 55
sealing records of children found to be 56
delinquent children for any of a list of
specified acts; to provide specified law 57
enforcement officials with access to sealed
delinquent child records for specified purposes; 58
to require the governing body of a community 59
corrections facility to reimburse members of 60
advisory boards advising those facilities for 61
3
their actual and necessary expenses incurred in
the performance of their official duties; and to 62
repeal provisions specifying that the Department 63
of Youth Services cannot change the purposes for 64
which the Maumee and Mohican Youth Camps may be 65
operated or significantly reduce their level of 66
operations without the General Assembly's 67
consent.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 69
Section 1. That sections 2151.011, 2151.02, 2151.022, 71
2151.18, 2151.23, 2151.27, 2151.28, 2151.311, 2151.312, 2151.313, 72
2151.35, 2151.354, 2151.355, 2151.356, 2151.358, 2151.359, 73
2151.3512, 2151.47, 3321.14, 3321.18, 3321.19, 3321.20, 3321.22, 74
3321.38, 3321.99, 3730.99, 4109.13, and 5139.36 be amended and 76
section 3321.191 of the Revised Code be enacted to read as 78
follows:
Sec. 2151.011. (A) As used in the Revised Code: 87
(1) "Juvenile court" means the division of the court of 89
common pleas or a juvenile court separately and independently 90
created having jurisdiction under this chapter. 91
(2) "Juvenile judge" means a judge of a court having 93
jurisdiction under this chapter. 94
(3) "Private child placing agency" means any association, 96
as defined in section 5103.02 of the Revised Code, that is 97
certified pursuant to section 5103.03 of the Revised Code to 100
accept temporary, permanent, or legal custody of children and 101
place the children for either foster care or adoption.
(4) "Private noncustodial agency" means any person, 103
organization, association, or society certified by the department 104
of job and family services that does not accept temporary or 106
permanent legal custody of children, that is privately operated 107
in this state, and that does one or more of the following: 108
4
(a) Receives and cares for children for two or more 110
consecutive weeks; 111
(b) Participates in the placement of children in family 113
foster homes; 114
(c) Provides adoption services in conjunction with a 116
public children services agency or private child placing agency. 117
(B) As used in this chapter: 119
(1) "Adequate parental care" means the provision by a 121
child's parent or parents, guardian, or custodian of adequate 122
food, clothing, and shelter to ensure the child's health and 123
physical safety and the provision by a child's parent or parents 124
of specialized services warranted by the child's physical or 125
mental needs. 126
(2) "Adult" means an individual who is eighteen years of 128
age or older. 129
(3) "Agreement for temporary custody" means a voluntary 131
agreement authorized by section 5103.15 of the Revised Code that 133
transfers the temporary custody of a child to a public children 134
services agency or a private child placing agency. 135
(4) "Babysitting care" means care provided for a child 137
while the parents, guardian, or legal custodian of the child are 138
temporarily away. 139
(5) "Certified family foster home" means a family foster 141
home operated by persons holding a certificate in force, issued 142
under section 5103.03 of the Revised Code. 143
(6)(a) "Child" means a person who is under eighteen years 146
of age, except as otherwise provided in divisions (B)(6)(b) to 147
(f) of this section. 148
(b) Subject to division (B)(6)(c) of this section, any 151
person who violates a federal or state law or municipal ordinance 152
prior to attaining eighteen years of age shall be deemed a
"child" irrespective of that person's age at the time the 153
complaint is filed or the hearing on the complaint is held. 154
(c) Any person who, while under eighteen years of age, 157
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commits an act that would be a felony if committed by an adult 158
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 159
child in relation to that act. 160
(d) Any person whose case is transferred for criminal 162
prosecution pursuant to division (B) or (C) of section 2151.26 of 163
the Revised Code shall after the transfer be deemed not to be a 164
child in the transferred case. 165
(e) Subject to division (B)(6)(f) of this section, any 168
person whose case is transferred for criminal prosecution 169
pursuant to division (B) or (C) of section 2151.26 of the Revised 170
Code and who subsequently is convicted of or pleads guilty to a 171
felony in that case shall after the transfer be deemed not to be 173
a child in any case in which the person is alleged to have 175
committed prior to or subsequent to the transfer an act that 177
would be an offense if committed by an adult. Division (B)(6)(e) 178
of this section applies to a case regardless of whether the prior 181
or subsequent act that is alleged in the case and that would be
an offense if committed by an adult allegedly was committed in 182
the same county in which the case was transferred or in another 184
county and regardless of whether the complaint in the case 185
involved was filed in the same county in which the case was 186
transferred or in another county. Division (B)(6)(e) of this 187
section applies to a case that involves an act committed prior to 188
the transfer only when the prior act alleged in the case has not 189
been disposed of by a juvenile court or trial court. 190
(f) Notwithstanding division (B)(6)(e) of this section, if 193
a person's case is transferred for criminal prosecution pursuant 194
to division (B) or (C) of section 2151.26 of the Revised Code and 195
if the person subsequently is convicted of or pleads guilty to a 196
felony in that case, thereafter, the person shall be considered a 197
child solely for the following purposes in relation to any act
the person subsequently commits that would be an offense if 198
committed by an adult: 199
6
(i) For purposes of the filing of a complaint alleging 201
that the child is a delinquent child for committing the act that 202
would be an offense if committed by an adult; 203
(ii) For purposes of the juvenile court conducting a 205
hearing under division (B) of section 2151.26 of the Revised Code 207
relative to the complaint described in division (B)(6)(f)(i) of 208
this section to determine whether division (B)(1) of section 209
2151.26 of the Revised Code applies and requires that the case be 211
transferred for criminal prosecution to the appropriate court 212
having jurisdiction of the offense.
(7) "Child day camp," "child day-care," "child day-care 214
center," "part-time child day-care center," "type A family 217
day-care home," "certified type B family day-care home," "type B 218
home," "administrator of a child day-care center," "administrator 220
of a type A family day-care home," "in-home aide," and 221
"authorized provider" have the same meanings as in section 222
5104.01 of the Revised Code.
(8) "Child day-care provider" means an individual who is a 225
child-care staff member or administrator of a child day-care
center, a type A family day-care home, or a type B family 226
day-care home, or an in-home aide or an individual who is 227
licensed, is regulated, is approved, operates under the direction 228
of, or otherwise is certified by the department of job and family 230
services, department of mental retardation and developmental 231
disabilities, or the early childhood programs of the department 232
of education. 233
(9) "CHRONIC TRUANT" MEANS ANY CHILD OF COMPULSORY SCHOOL 235
AGE WHO IS ABSENT WITHOUT LEGITIMATE EXCUSE FOR ABSENCE FROM THE 236
PUBLIC SCHOOL THE CHILD IS SUPPOSED TO ATTEND FOR SEVEN OR MORE 237
CONSECUTIVE SCHOOL DAYS, TEN OR MORE SCHOOL DAYS IN ONE SCHOOL 238
MONTH, OR FIFTEEN OR MORE SCHOOL DAYS IN A SCHOOL YEAR. 239
(10) "Commit" means to vest custody as ordered by the 241
court. 242
(10)(11) "Counseling" includes both of the following: 244
7
(a) General counseling services performed by a public 247
children services agency or shelter for victims of domestic 248
violence to assist a child, a child's parents, and a child's 249
siblings in alleviating identified problems that may cause or 251
have caused the child to be an abused, neglected, or dependent 252
child.
(b) Psychiatric or psychological therapeutic counseling 255
services provided to correct or alleviate any mental or emotional 257
illness or disorder and performed by a licensed psychiatrist,
licensed psychologist, or a person licensed under Chapter 4757. 259
of the Revised Code to engage in social work or professional 260
counseling.
(11)(12) "Custodian" means a person who has legal custody 262
of a child or a public children services agency or private child 264
placing agency that has permanent, temporary, or legal custody of 265
a child. 266
(12)(13) "Detention" means the temporary care of children 268
pending court adjudication or disposition, or execution of a 269
court order, in a public or private facility designed to 270
physically restrict the movement and activities of children. 271
(13)(14) "Developmental disability" has the same meaning 273
as in section 5123.01 of the Revised Code. 275
(14)(15) "Family foster home" means a private residence in 277
which children are received apart from their parents, guardian, 278
or legal custodian by an individual for hire, gain, or reward for 279
nonsecure care, supervision, or training twenty-four hours a day. 280
"Family foster home" does not include babysitting care provided 281
for a child in the home of a person other than the home of the 282
parents, guardian, or legal custodian of the child. 283
(15)(16) "Foster home" means a family home in which any 285
child is received apart from the child's parents for care, 286
supervision, or training. 287
(16)(17) "Guardian" means a person, association, or 289
corporation that is granted authority by a probate court pursuant 290
8
to Chapter 2111. of the Revised Code to exercise parental rights 291
over a child to the extent provided in the court's order and 292
subject to the residual parental rights of the child's parents. 293
(17)(18) "HABITUAL TRUANT" MEANS ANY CHILD OF COMPULSORY 295
SCHOOL AGE WHO IS ABSENT WITHOUT LEGITIMATE EXCUSE FOR ABSENCE 297
FROM THE PUBLIC SCHOOL THE CHILD IS SUPPOSED TO ATTEND FOR FIVE 299
OR MORE CONSECUTIVE SCHOOL DAYS, SEVEN OR MORE SCHOOL DAYS IN ONE 300
SCHOOL MONTH, OR TWELVE OR MORE SCHOOL DAYS IN A SCHOOL YEAR. 301
(19) "Legal custody" means a legal status that vests in 303
the custodian the right to have physical care and control of the 304
child and to determine where and with whom the child shall live, 305
and the right and duty to protect, train, and discipline the 307
child and to provide the child with food, shelter, education, and 308
medical care, all subject to any residual parental rights, 310
privileges, and responsibilities. An individual granted legal 311
custody shall exercise the rights and responsibilities personally 312
unless otherwise authorized by any section of the Revised Code or 313
by the court. 314
(18)(20) A "LEGITIMATE EXCUSE FOR ABSENCE FROM THE PUBLIC 316
SCHOOL THE CHILD IS SUPPOSED TO ATTEND" INCLUDES, BUT IS NOT 318
LIMITED TO, ANY OF THE FOLLOWING: 319
(a) THE FACT THAT THE CHILD IN QUESTION HAS ENROLLED IN 321
AND IS ATTENDING ANOTHER PUBLIC OR NONPUBLIC SCHOOL IN THIS OR 323
ANOTHER STATE; 324
(b) THE FACT THAT THE CHILD IN QUESTION IS EXCUSED FROM 326
ATTENDANCE AT SCHOOL FOR ANY OF THE REASONS SPECIFIED IN SECTION 327
3321.04 OF THE REVISED CODE; 328
(c) THE FACT THAT THE CHILD IN QUESTION HAS RECEIVED AN 330
AGE AND SCHOOLING CERTIFICATE IN ACCORDANCE WITH SECTION 3331.01 331
OF THE REVISED CODE. 332
(21) "Mental illness" and "mentally ill person subject to 335
hospitalization by court order" have the same meanings as in 336
section 5122.01 of the Revised Code. 337
(19)(22) "Mental injury" means any behavioral, cognitive, 339
9
emotional, or mental disorder in a child caused by an act or 340
omission that is described in section 2919.22 of the Revised Code 341
and is committed by the parent or other person responsible for 343
the child's care.
(20)(23) "Mentally retarded person" has the same meaning 345
as in section 5123.01 of the Revised Code. 346
(21)(24) "Nonsecure care, supervision, or training" means 348
care, supervision, or training of a child in a facility that does 349
not confine or prevent movement of the child within the facility 350
or from the facility. 351
(22)(25) "OF COMPULSORY SCHOOL AGE" HAS THE SAME MEANING 353
AS IN SECTION 3321.01 OF THE REVISED CODE. 354
(26) "Organization" means any institution, public, 356
semipublic, or private, and any private association, society, or 357
agency located or operating in the state, incorporated or 358
unincorporated, having among its functions the furnishing of 359
protective services or care for children, or the placement of 360
children in foster homes or elsewhere. 361
(23)(27) "Out-of-home care" means detention facilities, 363
shelter facilities, foster homes, certified foster homes, 364
placement in a prospective adoptive home prior to the issuance of 365
a final decree of adoption, organizations, certified 366
organizations, child day-care centers, type A family day-care 367
homes, child day-care provided by type B family day-care home 368
providers and by in-home aides, group home providers, group 369
homes, institutions, state institutions, residential facilities, 370
residential care facilities, residential camps, day camps, 371
hospitals, and medical clinics that are responsible for the care, 372
physical custody, or control of children. 373
(24)(28) "Out-of-home care child abuse" means any of the 375
following when committed by a person responsible for the care of 376
a child in out-of-home care: 377
(a) Engaging in sexual activity with a child in the 379
person's care; 380
10
(b) Denial to a child, as a means of punishment, of proper 382
or necessary subsistence, education, medical care, or other care 383
necessary for a child's health; 384
(c) Use of restraint procedures on a child that cause 386
injury or pain; 387
(d) Administration of prescription drugs or psychotropic 389
medication to the child without the written approval and ongoing 390
supervision of a licensed physician; 391
(e) Commission of any act, other than by accidental means, 393
that results in any injury to or death of the child in 394
out-of-home care or commission of any act by accidental means 395
that results in an injury to or death of a child in out-of-home 396
care and that is at variance with the history given of the injury 397
or death.
(25)(29) "Out-of-home care child neglect" means any of the 399
following when committed by a person responsible for the care of 400
a child in out-of-home care: 401
(a) Failure to provide reasonable supervision according to 403
the standards of care appropriate to the age, mental and physical 404
condition, or other special needs of the child; 405
(b) Failure to provide reasonable supervision according to 407
the standards of care appropriate to the age, mental and physical 408
condition, or other special needs of the child, that results in 409
sexual or physical abuse of the child by any person; 410
(c) Failure to develop a process for all of the following: 412
(i) Administration of prescription drugs or psychotropic 414
drugs for the child; 415
(ii) Assuring that the instructions of the licensed 417
physician who prescribed a drug for the child are followed; 418
(iii) Reporting to the licensed physician who prescribed 420
the drug all unfavorable or dangerous side effects from the use 421
of the drug. 422
(d) Failure to provide proper or necessary subsistence, 424
education, medical care, or other individualized care necessary 425
11
for the health or well-being of the child; 426
(e) Confinement of the child to a locked room without 428
monitoring by staff; 429
(f) Failure to provide ongoing security for all 431
prescription and nonprescription medication; 432
(g) Isolation of a child for a period of time when there 434
is substantial risk that the isolation, if continued, will impair 435
or retard the mental health or physical well-being of the child. 436
(26)(30) "Permanent custody" means a legal status that 438
vests in a public children services agency or a private child 439
placing agency, all parental rights, duties, and obligations, 440
including the right to consent to adoption, and divests the 441
natural parents or adoptive parents of all parental rights, 442
privileges, and obligations, including all residual rights and 443
obligations.
(27)(31) "Planned permanent living arrangement" means an 446
order of a juvenile court pursuant to which both of the following 447
apply:
(a) The court gives legal custody of a child to a public 449
children services agency or a private child placing agency 450
without the termination of parental rights. 451
(b) The order permits the agency to make an appropriate 453
placement of the child and to enter into a written agreement with 456
a foster care provider or with another person or agency with whom 457
the child is placed.
(28)(32) "Permanent surrender" means the act of the 459
parents or, if a child has only one parent, of the parent of a 460
child, by a voluntary agreement authorized by section 5103.15 of 462
the Revised Code, to transfer the permanent custody of the child
to a public children services agency or a private child placing 463
agency. 464
(29)(33) "Person responsible for a child's care in 466
out-of-home care" means any of the following: 468
(a) Any foster parent, in-home aide, or provider; 470
12
(b) Any administrator, employee, or agent of any of the 472
following: a public or private detention facility; shelter 473
facility; organization; certified organization; child day-care 474
center; type A family day-care home; certified type B family 475
day-care home; group home; institution; state institution; 476
residential facility; residential care facility; residential 477
camp; day camp; hospital; or medical clinic; 478
(c) Any other person who performs a similar function with 480
respect to, or has a similar relationship to, children. 481
(30)(34) "Physically impaired" means having one or more of 483
the following conditions that substantially limit one or more of 484
an individual's major life activities, including self-care, 485
receptive and expressive language, learning, mobility, and 486
self-direction:
(a) A substantial impairment of vision, speech, or 488
hearing;
(b) A congenital orthopedic impairment; 490
(c) An orthopedic impairment caused by disease, rheumatic 493
fever or any other similar chronic or acute health problem, or 494
amputation or another similar cause.
(31)(35) "Placement for adoption" means the arrangement by 496
a public children services agency or a private child placing 497
agency with a person for the care and adoption by that person of 498
a child of whom the agency has permanent custody. 499
(32)(36) "Placement in foster care" means the arrangement 502
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 503
temporary custody or permanent custody. 504
(33)(37) "Practice of social work" and "practice of 506
professional counseling" have the same meanings as in section 508
4757.01 of the Revised Code. 509
(34)(38) "Probation" means a legal status created by court 511
order following an adjudication that a child is a delinquent 512
child, a juvenile traffic offender, or an unruly child, whereby 513
13
the child is permitted to remain in the parent's, guardian's, or 514
custodian's home subject to supervision, or under the supervision 515
of any agency designated by the court and returned to the court 516
for violation of probation at any time during the period of 517
probation. 518
(35)(39) "Protective supervision" means an order of 520
disposition pursuant to which the court permits an abused, 521
neglected, dependent, unruly, or delinquent child or a juvenile 522
traffic offender to remain in the custody of the child's parents, 523
guardian, or custodian and stay in the child's home, subject to 524
any conditions and limitations upon the child, the child's 526
parents, guardian, or custodian, or any other person that the 528
court prescribes, including supervision as directed by the court 529
for the protection of the child. 530
(36)(40) "Psychiatrist" has the same meaning as in section 532
5122.01 of the Revised Code. 533
(37)(41) "Psychologist" has the same meaning as in section 535
4732.01 of the Revised Code. 536
(38)(42) "Residential camp" means a program in which the 538
care, physical custody, or control of children is accepted 541
overnight for recreational or recreational and educational 542
purposes.
(39)(43) "Residential care facility" means an institution, 544
residence, or facility that is licensed by the department of 545
mental health under section 5119.22 of the Revised Code and that 546
provides care for a child. 547
(40)(44) "Residential facility" means a home or facility 549
that is licensed by the department of mental retardation and 550
developmental disabilities under section 5123.19 of the Revised 551
Code and in which a child with a developmental disability 552
resides. 553
(41)(45) "Residual parental rights, privileges, and 555
responsibilities" means those rights, privileges, and 556
responsibilities remaining with the natural parent after the 557
14
transfer of legal custody of the child, including, but not 558
necessarily limited to, the privilege of reasonable visitation, 559
consent to adoption, the privilege to determine the child's 560
religious affiliation, and the responsibility for support. 561
(42)(46) "SCHOOL DAY" MEANS THE SCHOOL DAY ESTABLISHED BY 563
THE STATE BOARD OF EDUCATION PURSUANT TO SECTION 3313.48 OF THE 565
REVISED CODE. 566
(47) "SCHOOL MONTH" AND "SCHOOL YEAR" HAVE THE SAME 568
MEANINGS AS IN SECTION 3313.62 OF THE REVISED CODE. 569
(48) "Secure correctional facility" means a facility under 572
the direction of the department of youth services that is
designed to physically restrict the movement and activities of 573
children and used for the placement of children after 574
adjudication and disposition.
(43)(49) "Sexual activity" has the same meaning as in 576
section 2907.01 of the Revised Code. 577
(44)(50) "Shelter" means the temporary care of children in 579
physically unrestricted facilities pending court adjudication or 580
disposition. 581
(45)(51) "Shelter for victims of domestic violence" has 583
the same meaning as in section 3113.33 of the Revised Code. 584
(46)(52) "Temporary custody" means legal custody of a 586
child who is removed from the child's home, which custody may be 587
terminated at any time at the discretion of the court or, if the 589
legal custody is granted in an agreement for temporary custody, 590
by the person who executed the agreement. 591
(C) For the purposes of this chapter, a child shall be 593
presumed abandoned when the parents of the child have failed to 594
visit or maintain contact with the child for more than ninety 595
days, regardless of whether the parents resume contact with the 596
child after that period of ninety days. 597
Sec. 2151.02. As used in this chapter, "delinquent child" 606
includes any of the following: 607
(A) Any child who violates any law of this state or the 609
15
United States, or any ordinance or regulation of a political 610
subdivision of the state, that would be a crime if committed by 611
an adult, except as provided in section 2151.021 of the Revised 612
Code;
(B) Any child who violates any lawful order of the court 614
made under this chapter; 615
(C) Any child who violates division (A) of section 617
2923.211 of the Revised Code; 618
(D) Any child who violates division (A)(1) or (2) of 620
section 3730.07 of the Revised Code; 621
(E) ANY CHILD WHO IS AN HABITUAL TRUANT AND WHO PREVIOUSLY 623
HAS BEEN ADJUDICATED AN UNRULY CHILD FOR BEING AN HABITUAL 624
TRUANT;
(F) ANY CHILD WHO IS A CHRONIC TRUANT. 626
Sec. 2151.022. As used in this chapter, "unruly child" 635
includes any of the following: 636
(A) Any child who does not subject himself or herself THE 638
CHILD'S SELF to the reasonable control of his or her THE CHILD'S 641
parents, teachers, guardian, or custodian, by reason of being 643
wayward or habitually disobedient;
(B) Any child who is an habitual PERSISTENTLY truant from 645
home or school; 647
(C) ANY CHILD WHO IS AN HABITUAL TRUANT FROM SCHOOL AND 649
WHO PREVIOUSLY HAS NOT BEEN ADJUDICATED AN UNRULY CHILD FOR BEING 650
AN HABITUAL TRUANT;
(D) Any child who so deports himself or herself THE 652
CHILD'S SELF as to injure or endanger his or her THE CHILD'S OWN 656
health or morals or the health or morals of others; 657
(D)(E) Any child who attempts to enter the marriage 659
relation in any state without the consent of his or her THE 661
CHILD'S parents, custodian, or legal guardian or other legal 663
authority;
(E)(F) Any child who is found in a disreputable place, 665
visits or patronizes a place prohibited by law, or associates 667
16
with vagrant, vicious, criminal, notorious, or immoral persons; 668
(F)(G) Any child who engages in an occupation prohibited 670
by law or is in a situation dangerous to life or limb or 672
injurious to his or her THE CHILD'S OWN health or morals or the 674
health or morals of others;
(G)(H) Any child who violates a law, other than division 676
(A) of section 2923.211 of the Revised Code, that is applicable 678
only to a child.
Sec. 2151.18. (A)(1) The juvenile court shall maintain 687
records of all official cases brought before it, including, BUT 688
NOT LIMITED TO, an appearance docket, a journal, and a cashbook, 690
RECORDS OF THE TYPE REQUIRED BY DIVISION (A)(2) OF SECTION 691
2151.35 OF THE REVISED CODE, AND, IN CASES PERTAINING TO AN 692
ALLEGED DELINQUENT CHILD, ARREST AND CUSTODY RECORDS, COMPLAINTS, 693
JOURNAL ENTRIES, AND HEARING SUMMARIES. The court shall maintain 695
a separate docket for traffic cases and shall record all traffic 696
cases on the separate docket instead of on the general appearance 698
docket. The parents of any child affected, if they are living, 699
or the nearest of kin of the child, if the parents are deceased, 700
may inspect these records, either in person or by counsel during 701
the hours in which the court is open.
(2) The juvenile court shall send to the superintendent of 703
the bureau of criminal identification and investigation, pursuant 704
to section 109.57 of the Revised Code, a weekly report containing 705
a summary of each case that has come before it and that involves 706
the disposition of a child who is a delinquent child for 708
committing an act that would be a felony or an offense of 709
violence if committed by an adult. 710
(B) The clerk of the court shall maintain a statistical 712
record that includes all of the following: 713
(1) The number of complaints that are filed with the court 715
that allege that a child is a delinquent child, in relation to 716
which the court determines under division (D) of section 2151.27 717
of the Revised Code that the victim of the alleged delinquent act 719
17
was sixty-five years of age or older or permanently and totally 720
disabled at the time of the alleged commission of the act; 721
(2) The number of complaints described in division (B)(1) 723
of this section that result in the child being adjudicated a 724
delinquent child; 725
(3) The number of complaints described in division (B)(2) 727
of this section in which the act upon which the delinquent child 728
adjudication is based caused property damage or would be a theft 729
offense, as defined in division (K) of section 2913.01 of the 730
Revised Code, if committed by an adult; 731
(4) The number of complaints described in division (B)(3) 733
of this section that result in the delinquent child being 734
required as an order of disposition made under division 736
(A)(8)(b)(9) of section 2151.355 of the Revised Code to make 737
restitution for all or part of the property damage caused by the 738
child's delinquent act or for all or part of the value of the 740
property that was the subject of the delinquent act that would be 741
a theft offense if committed by an adult; 742
(5) The number of complaints described in division (B)(2) 744
of this section in which the act upon which the delinquent child 745
adjudication is based would have been an offense of violence if 746
committed by an adult; 747
(6) The number of complaints described in division (B)(5) 749
of this section that result in the delinquent child being 750
committed as an order of disposition made under division (A)(3), 751
(4), (5), (6), or (7) of section 2151.355 of the Revised Code to 752
any facility for delinquent children operated by the county, a 753
district, or a private agency or organization or to the 754
department of youth services; 755
(7) The number of complaints described in division (B)(1) 757
of this section that result in the case being transferred for 758
criminal prosecution to an appropriate court having jurisdiction 759
of the offense under section 2151.26 of the Revised Code. 760
(C) The clerk of the court shall compile an annual summary 762
18
covering the preceding calendar year showing all of the 763
information for that year contained in the statistical record 764
maintained under division (B) of this section. The statistical 765
record and the annual summary shall be public records open for 766
inspection. Neither the statistical record nor the annual 767
summary shall include the identity of any party to a case. 768
(D) Not later than June of each year, the court shall 770
prepare an annual report covering the preceding calendar year 771
showing the number and kinds of cases that have come before it, 772
the disposition of the cases, and any other data pertaining to 773
the work of the court that the juvenile judge directs. The court 775
shall file copies of the report with the board of county
commissioners. With the approval of the board, the court may 776
print or cause to be printed copies of the report for 777
distribution to persons and agencies interested in the court or 779
community program for dependent, neglected, abused, or delinquent 780
children and juvenile traffic offenders. The court shall include 781
the number of copies ordered printed and the estimated cost of
each printed copy on each copy of the report printed for 782
distribution. 783
Sec. 2151.23. (A) The juvenile court has exclusive 792
original jurisdiction under the Revised Code as follows: 793
(1) Concerning any child who on or about the date 795
specified in the complaint is alleged to be a juvenile traffic 796
offender or a delinquent, unruly, abused, neglected, or dependent 798
child AND, BASED ON AND IN RELATION TO THE ALLEGATION PERTAINING 799
TO THE CHILD, CONCERNING THE PARENT, GUARDIAN, OR OTHER PERSON 800
HAVING CARE OF A CHILD WHO IS ALLEGED TO BE AN UNRULY OR 801
DELINQUENT CHILD FOR BEING AN HABITUAL OR CHRONIC TRUANT; 803
(2) Subject to division (V) of section 2301.03 of the 805
Revised Code, to determine the custody of any child not a ward of 806
another court of this state; 807
(3) To hear and determine any application for a writ of 809
habeas corpus involving the custody of a child; 810
19
(4) To exercise the powers and jurisdiction given the 812
probate division of the court of common pleas in Chapter 5122. of 814
the Revised Code, if the court has probable cause to believe that 815
a child otherwise within the jurisdiction of the court is a
mentally ill person subject to hospitalization by court order, as 816
defined in section 5122.01 of the Revised Code; 817
(5) To hear and determine all criminal cases charging 819
adults with the violation of any section of this chapter; 820
(6) To hear and determine all criminal cases in which an 822
adult is charged with a violation of division (C) of section 823
2919.21, division (B)(1) of section 2919.22, SECTION 2919.222, 824
division (B) of section 2919.23, or section 2919.24 of the 826
Revised Code, provided the charge is not included in an 827
indictment that also charges the alleged adult offender with the 828
commission of a felony arising out of the same actions that are 829
the basis of the alleged violation of division (C) of section 830
2919.21, division (B)(1) of section 2919.22, SECTION 2919.222, 831
division (B) of section 2919.23, or section 2919.24 of the 833
Revised Code;
(7) Under the interstate compact on juveniles in section 835
2151.56 of the Revised Code; 836
(8) Concerning any child who is to be taken into custody 838
pursuant to section 2151.31 of the Revised Code, upon being 839
notified of the intent to take the child into custody and the 840
reasons for taking the child into custody; 841
(9) To hear and determine requests for the extension of 843
temporary custody agreements, and requests for court approval of 844
permanent custody agreements, that are filed pursuant to section 845
5103.15 of the Revised Code; 846
(10) To hear and determine applications for consent to 848
marry pursuant to section 3101.04 of the Revised Code; 849
(11) Subject to division (V) of section 2301.03 of the 851
Revised Code, to hear and determine a request for an order for 852
the support of any child if the request is not ancillary to an 853
20
action for divorce, dissolution of marriage, annulment, or legal 854
separation, a criminal or civil action involving an allegation of 855
domestic violence, or an action for support brought under Chapter 856
3115. of the Revised Code; 857
(12) Concerning an action commenced under section 121.38 859
of the Revised Code; 860
(13) Concerning an action commenced under section 2151.55 862
of the Revised Code; 863
(14) TO HEAR AND DETERMINE VIOLATIONS OF SECTION 3321.38 865
OF THE REVISED CODE;
(15) TO EXERCISE JURISDICTION AND AUTHORITY OVER THE 868
PARENT, GUARDIAN, OR OTHER PERSON HAVING CARE OF A CHILD ALLEGED 869
TO BE A DELINQUENT CHILD, UNRULY CHILD, OR JUVENILE TRAFFIC 870
OFFENDER, BASED ON AND IN RELATION TO THE ALLEGATION PERTAINING 871
TO THE CHILD.
(B) The juvenile court has original jurisdiction under the 873
Revised Code: 874
(1) To hear and determine all cases of misdemeanors 876
charging adults with any act or omission with respect to any 877
child, which act or omission is a violation of any state law or 878
any municipal ordinance; 879
(2) To determine the paternity of any child alleged to 881
have been born out of wedlock pursuant to sections 3111.01 to 882
3111.19 of the Revised Code; 883
(3) Under the uniform interstate family support act in 887
Chapter 3115. of the Revised Code;
(4) To hear and determine an application for an order for 889
the support of any child, if the child is not a ward of another 890
court of this state; 891
(5) To hear and determine an action commenced under 893
section 5101.314 of the Revised Code. 894
(C) The juvenile court, except as to juvenile courts that 896
are a separate division of the court of common pleas or a 897
separate and independent juvenile court, has jurisdiction to 898
21
hear, determine, and make a record of any action for divorce or 899
legal separation that involves the custody or care of children 900
and that is filed in the court of common pleas and certified by 901
the court of common pleas with all the papers filed in the action 902
to the juvenile court for trial, provided that no certification 903
of that nature shall be made to any juvenile court unless the 905
consent of the juvenile judge first is obtained. After a 906
certification of that nature is made and consent is obtained, the 908
juvenile court shall proceed as if the action originally had been 909
begun in that court, except as to awards for spousal support or 910
support due and unpaid at the time of certification, over which 911
the juvenile court has no jurisdiction.
(D) The juvenile court has jurisdiction to hear and 913
determine all matters as to custody and support of children duly 914
certified by the court of common pleas to the juvenile court 915
after a divorce decree has been granted, including jurisdiction 916
to modify the judgment and decree of the court of common pleas as 917
the same relate to the custody and support of children. 918
(E) The juvenile court has jurisdiction to hear and 920
determine the case of any child certified to the court by any 921
court of competent jurisdiction if the child comes within the 922
jurisdiction of the juvenile court as defined by this section. 923
(F)(1) The juvenile court shall exercise its jurisdiction 925
in child custody matters in accordance with sections 3109.04, 926
3109.21 to 3109.36, and 5103.20 to 5103.28 of the Revised Code. 927
(2) The juvenile court shall exercise its jurisdiction in 929
child support matters in accordance with section 3109.05 of the 930
Revised Code. 931
(G)(1) Each order for child support made or modified by a 933
juvenile court shall include as part of the order a general 935
provision, as described in division (A)(1) of section 3113.21 of 936
the Revised Code, requiring the withholding or deduction of 937
income or assets of the obligor under the order as described in 939
division (D) of section 3113.21 of the Revised Code, or another 940
22
type of appropriate requirement as described in division (D)(3), 941
(D)(4), or (H) of that section, to ensure that withholding or 943
deduction from the income or assets of the obligor is available 945
from the commencement of the support order for collection of the 946
support and of any arrearages that occur; a statement requiring 947
all parties to the order to notify the child support enforcement 948
agency in writing of their current mailing address, current 949
residence address, current residence telephone number, and 950
current driver's license number, and any changes to that 952
information; and a notice that the requirement to notify the 954
child support enforcement agency of all changes to that
information continues until further notice from the court. Any 956
juvenile court that makes or modifies an order for child support 957
shall comply with sections 3113.21 to 3113.219 of the Revised 959
Code. If any person required to pay child support under an order 960
made by a juvenile court on or after April 15, 1985, or modified 961
on or after December 1, 1986, is found in contempt of court for 962
failure to make support payments under the order, the court that 963
makes the finding, in addition to any other penalty or remedy 964
imposed, shall assess all court costs arising out of the contempt 965
proceeding against the person and require the person to pay any 966
reasonable attorney's fees of any adverse party, as determined by 967
the court, that arose in relation to the act of contempt. 968
(2) Notwithstanding section 3109.01 of the Revised Code, 970
if a juvenile court issues a child support order under this 971
chapter, the order shall remain in effect beyond the child's 972
eighteenth birthday as long as the child continuously attends on 973
a full-time basis any recognized and accredited high school or 974
the order provides that the duty of support of the child 975
continues beyond the child's eighteenth birthday. Except in 976
cases in which the order provides that the duty of support 977
continues for any period after the child reaches nineteen years 978
of age the order shall not remain in effect after the child 979
reaches nineteen years of age. Any parent ordered to pay support 981
23
under a child support order issued under this chapter shall 982
continue to pay support under the order, including during 983
seasonal vacation periods, until the order terminates. 984
(H) If a child who is charged with an act that would be an 986
offense if committed by an adult was fourteen years of age or 987
older and under eighteen years of age at the time of the alleged 988
act and if the case is transferred for criminal prosecution 989
pursuant to section 2151.26 of the Revised Code, the juvenile 991
court does not have jurisdiction to hear or determine the case 992
subsequent to the transfer. The court to which the case is 993
transferred for criminal prosecution pursuant to that section has 994
jurisdiction subsequent to the transfer to hear and determine the 995
case in the same manner as if the case originally had been 996
commenced in that court, including, but not limited to,
jurisdiction to accept a plea of guilty or another plea 997
authorized by Criminal Rule 11 or another section of the Revised 999
Code and jurisdiction to accept a verdict and to enter a judgment 1,000
of conviction pursuant to the Rules of Criminal Procedure against 1,001
the child for the commission of the offense that was the basis of 1,002
the transfer of the case for criminal prosecution, whether the 1,003
conviction is for the same degree or a lesser degree of the 1,004
offense charged, for the commission of a lesser-included offense, 1,005
or for the commission of another offense that is different from 1,006
the offense charged. 1,007
(I) If a person under eighteen years of age allegedly 1,010
commits an act that would be a felony if committed by an adult 1,011
and if the person is not taken into custody or apprehended for
that act until after the person attains twenty-one years of age, 1,012
the juvenile court does not have jurisdiction to hear or 1,013
determine any portion of the case charging the person with 1,014
committing that act. In those circumstances, divisions (B) and 1,015
(C) of section 2151.26 of the Revised Code do not apply regarding 1,016
the act, the case charging the person with committing the act 1,017
shall be a criminal prosecution commenced and heard in the 1,018
24
appropriate court having jurisdiction of the offense as if the 1,019
person had been eighteen years of age or older when the person 1,020
committed the act, all proceedings pertaining to the act shall be
within the jurisdiction of the court having jurisdiction of the 1,021
offense, and the court having jurisdiction of the offense has all 1,022
the authority and duties in the case as it has in other criminal 1,023
cases commenced in that court.
Sec. 2151.27. (A) Any (1) SUBJECT TO DIVISION (A)(2) OF 1,033
THIS SECTION, ANY person having knowledge of a child who appears 1,034
to be a juvenile traffic offender or to be a delinquent, unruly, 1,035
abused, neglected, or dependent child may file a sworn complaint 1,036
with respect to that child in the juvenile court of the county in 1,037
which the child has a residence or legal settlement or in which 1,038
the traffic offense, delinquency, unruliness, abuse, neglect, or 1,039
dependency allegedly occurred. If an alleged abused, neglected, 1,040
or dependent child is taken into custody pursuant to division (D) 1,041
of section 2151.31 of the Revised Code or is taken into custody 1,042
pursuant to division (A) of section 2151.31 of the Revised Code 1,043
without the filing of a complaint and placed into shelter care 1,044
pursuant to division (C) of that section, a sworn complaint shall 1,045
be filed with respect to the child before the end of the next day 1,047
after the day on which the child was taken into custody. The 1,048
sworn complaint may be upon information and belief, and, in 1,049
addition to the allegation that the child is a delinquent,
unruly, abused, neglected, or dependent child or a juvenile 1,050
traffic offender, the complaint shall allege the particular facts 1,051
upon which the allegation that the child is a delinquent, unruly, 1,052
abused, neglected, or dependent child or a juvenile traffic 1,053
offender is based. 1,054
(2) ANY PERSON HAVING KNOWLEDGE OF A CHILD WHO APPEARS TO 1,056
BE AN UNRULY OR DELINQUENT CHILD FOR BEING AN HABITUAL OR CHRONIC 1,057
TRUANT MAY FILE A SWORN COMPLAINT WITH RESPECT TO THAT CHILD AND 1,059
THE PARENT, GUARDIAN, OR OTHER PERSON HAVING CARE OF THE CHILD IN 1,060
THE JUVENILE COURT OF THE COUNTY IN WHICH THE CHILD HAS A 1,061
25
RESIDENCE OR LEGAL SETTLEMENT OR IN WHICH THE CHILD IS SUPPOSED 1,062
TO ATTEND PUBLIC SCHOOL. THE SWORN COMPLAINT MAY BE UPON 1,063
INFORMATION AND BELIEF AND SHALL CONTAIN THE FOLLOWING 1,064
ALLEGATIONS:
(a) THAT THE CHILD IS AN UNRULY CHILD FOR BEING AN 1,066
HABITUAL TRUANT OR THE CHILD IS A DELINQUENT CHILD FOR BEING A 1,068
CHRONIC TRUANT OR AN HABITUAL TRUANT WHO PREVIOUSLY HAS BEEN 1,069
ADJUDICATED AN UNRULY CHILD FOR BEING AN HABITUAL TRUANT AND, IN 1,070
ADDITION, THE PARTICULAR FACTS UPON WHICH THAT ALLEGATION IS 1,071
BASED;
(b) THAT THE PARENT, GUARDIAN, OR OTHER PERSON HAVING CARE 1,073
OF THE CHILD HAS FAILED TO CAUSE THE CHILD'S ATTENDANCE AT SCHOOL 1,074
IN VIOLATION OF SECTION 3321.38 OF THE REVISED CODE AND, IN 1,075
ADDITION, THE PARTICULAR FACTS UPON WHICH THAT ALLEGATION IS 1,077
BASED.
(B) If a child, before arriving at the age of eighteen 1,079
years, allegedly commits an act for which the child may be 1,080
adjudicated a delinquent child, an unruly child, or a juvenile 1,081
traffic offender and if the specific complaint alleging the act 1,082
is not filed or a hearing on that specific complaint is not held 1,083
until after the child arrives at the age of eighteen years, the 1,084
court has jurisdiction to hear and dispose of the complaint as if 1,085
the complaint were filed and the hearing held before the child 1,086
arrived at the age of eighteen years. 1,087
(C) If the complainant in a case in which a child is 1,089
alleged to be an abused, neglected, or dependent child desires 1,090
permanent custody of the child or children, temporary custody of 1,091
the child or children, whether as the preferred or an alternative 1,092
disposition, or the placement of the child in a planned permanent 1,093
living arrangement, the complaint shall contain a prayer 1,095
specifically requesting permanent custody, temporary custody, or 1,096
the placement of the child in a planned permanent living 1,097
arrangement. 1,098
(D) For purposes of the record to be maintained by the 1,100
26
clerk under division (B) of section 2151.18 of the Revised Code, 1,101
when a complaint is filed that alleges that a child is a 1,102
delinquent child, the court shall determine if the victim of the 1,103
alleged delinquent act was sixty-five years of age or older or 1,104
permanently and totally disabled at the time of the alleged 1,105
commission of the act. 1,106
(E) Any person with standing under applicable law may file 1,108
a complaint for the determination of any other matter over which 1,109
the juvenile court is given jurisdiction by section 2151.23 of 1,110
the Revised Code. The complaint shall be filed in the county in 1,111
which the child who is the subject of the complaint is found or 1,112
was last known to be found. 1,113
(F) Within ten days after the filing of a complaint, the 1,115
court shall give written notice of the filing of the complaint 1,116
and of the substance of the complaint to the superintendent of a 1,117
city, local, exempted village, or joint vocational school 1,118
district if the complaint alleges that a child committed an act 1,119
that would be a criminal offense if committed by an adult, that 1,121
the child was sixteen years of age or older at the time of the 1,122
commission of the alleged act, and that the alleged act is any of 1,123
the following:
(1) A violation of section 2923.122 of the Revised Code 1,125
that relates to property owned or controlled by, or to an 1,126
activity held under the auspices of, the board of education of 1,127
that school district; 1,128
(2) A violation of section 2923.12 of the Revised Code, of 1,130
a substantially similar municipal ordinance, or of section 1,131
2925.03 of the Revised Code that was committed on property owned 1,132
or controlled by, or at an activity held under the auspices of, 1,133
the board of education of that school district; 1,134
(3) A violation of section 2925.11 of the Revised Code 1,136
that was committed on property owned or controlled by, or at an 1,137
activity held under the auspices of, the board of education of 1,138
that school district, other than a violation of that section that 1,139
27
would be a minor drug possession offense, as defined in section
2925.01 of the Revised Code, if committed by an adult; 1,140
(4) A violation of section 2903.01, 2903.02, 2903.03, 1,142
2903.04, 2903.11, 2903.12, 2907.02, or 2907.05 of the Revised 1,144
Code, or a violation of former section 2907.12 of the Revised
Code, that was committed on property owned or controlled by, or 1,146
at an activity held under the auspices of, the board of education 1,147
of that school district, if the victim at the time of the 1,148
commission of the alleged act was an employee of the board of
education of that school district. 1,149
(5) Complicity in any violation described in division 1,151
(F)(1), (2), (3), or (4) of this section that was alleged to have 1,152
been committed in the manner described in division (F)(1), (2), 1,153
(3), or (4) of this section, regardless of whether the act of 1,154
complicity was committed on property owned or controlled by, or 1,155
at an activity held under the auspices of, the board of education 1,156
of that school district. 1,157
(G) A public children services agency, acting pursuant to 1,159
a complaint or an action on a complaint filed under this section, 1,160
is not subject to the requirements of section 3109.27 of the 1,161
Revised Code.
Sec. 2151.28. (A) No later than seventy-two hours after 1,170
the complaint is filed, the court shall fix a time for an 1,172
adjudicatory hearing. The court shall conduct the adjudicatory 1,173
hearing within one of the following periods of time: 1,174
(1) If the complaint alleged that the child is a 1,176
delinquent or unruly child or a juvenile traffic offender, the 1,177
adjudicatory hearing shall be held and may be continued in 1,178
accordance with the Juvenile Rules. 1,179
(2) If the complaint alleged that the child is an abused, 1,181
neglected, or dependent child, the adjudicatory hearing shall be 1,182
held no later than thirty days after the complaint is filed, 1,183
except that, for good cause shown, the court may continue the 1,184
adjudicatory hearing for either of the following periods of time: 1,185
28
(a) For ten days beyond the thirty-day deadline to allow 1,187
any party to obtain counsel; 1,188
(b) For a reasonable period of time beyond the thirty-day 1,190
deadline to obtain service on all parties or any necessary 1,191
evaluation, except that the adjudicatory hearing shall not be 1,192
held later than sixty days after the date on which the complaint 1,193
was filed. 1,194
(B) At an adjudicatory hearing held pursuant to division 1,196
(A)(2) of this section, the court, in addition to determining 1,197
whether the child is an abused, neglected, or dependent child, 1,198
shall determine whether the child should remain or be placed in 1,199
shelter care until the dispositional hearing. When the court 1,200
makes the shelter care determination, all of the following apply: 1,201
(1) The court shall determine whether there are any 1,203
relatives of the child who are willing to be temporary custodians 1,204
of the child. If any relative is willing to be a temporary 1,205
custodian, the child otherwise would remain or be placed in 1,206
shelter care, and the appointment is appropriate, the court shall 1,207
appoint the relative as temporary custodian of the child, unless 1,208
the court appoints another relative as custodian. If it 1,209
determines that the appointment of a relative as custodian would 1,210
not be appropriate, it shall issue a written opinion setting 1,211
forth the reasons for its determination and give a copy of the 1,212
opinion to all parties and the guardian ad litem of the child. 1,213
The court's consideration of a relative for appointment as 1,215
a temporary custodian does not make that relative a party to the 1,216
proceedings. 1,217
(2) The court shall comply with section 2151.419 of the 1,220
Revised Code.
(3) The court shall schedule the date for the 1,222
dispositional hearing to be held pursuant to section 2151.35 of 1,223
the Revised Code. The parents of the child have a right to be 1,224
represented by counsel; however, in no case shall the 1,225
dispositional hearing be held later than ninety days after the 1,226
29
date on which the complaint was filed. 1,227
(C) The court shall direct the issuance of a summons 1,229
directed to the child except as provided by this section, the 1,230
parents, guardian, custodian, or other person with whom the child 1,231
may be, and any other persons that appear to the court to be 1,232
proper or necessary parties to the proceedings, requiring them to 1,233
appear before the court at the time fixed to answer the 1,234
allegations of the complaint. The summons shall contain the name 1,235
and telephone number of the court employee designated by the 1,236
court pursuant to section 2151.314 of the Revised Code to arrange 1,237
for the prompt appointment of counsel for indigent persons. A 1,238
child alleged to be an abused, neglected, or dependent child 1,239
shall not be summoned unless the court so directs. A summons 1,240
issued for a child who is under fourteen years of age and who is 1,241
alleged to be a delinquent child, unruly child, or a juvenile 1,242
traffic offender shall be served on the parent, guardian, or 1,243
custodian of the child in the child's behalf. 1,244
If the person who has physical custody of the child, or 1,246
with whom the child resides, is other than the parent or 1,247
guardian, then the parents and guardian also shall be summoned. 1,248
A copy of the complaint shall accompany the summons. 1,249
(D) If the complaint contains a prayer for permanent 1,251
custody, temporary custody, whether as the preferred or an 1,252
alternative disposition, or a planned permanent living 1,254
arrangement in a case involving an alleged abused, neglected, or 1,255
dependent child, the summons served on the parents shall contain 1,256
as is appropriate an explanation that the granting of permanent 1,257
custody permanently divests the parents of their parental rights 1,258
and privileges, an explanation that an adjudication that the 1,259
child is an abused, neglected, or dependent child may result in 1,260
an order of temporary custody that will cause the removal of the 1,261
child from their legal custody until the court terminates the 1,262
order of temporary custody or permanently divests the parents of 1,263
their parental rights, or an explanation that the issuance of an 1,264
30
order for a planned permanent living arrangement will cause the 1,265
removal of the child from the legal custody of the parents if any 1,267
of the conditions listed in divisions (A)(5)(a) to (c) of section 1,268
2151.353 of the Revised Code are found to exist. 1,269
(E) The (1) EXCEPT AS OTHERWISE PROVIDED IN DIVISION 1,272
(E)(2) OF THIS SECTION, THE court may endorse upon the summons an
order directing the parents, guardian, or other person with whom 1,274
the child may be to appear personally at the hearing and 1,275
directing the person having the physical custody or control of 1,276
the child to bring the child to the hearing. 1,277
(2) IN CASES IN WHICH THE COMPLAINT ALLEGES THAT A CHILD 1,279
IS AN UNRULY OR DELINQUENT CHILD FOR BEING AN HABITUAL OR CHRONIC 1,280
TRUANT AND THAT THE PARENT, GUARDIAN, OR OTHER PERSON HAVING CARE 1,282
OF THE CHILD HAS FAILED TO CAUSE THE CHILD'S ATTENDANCE AT 1,283
SCHOOL, THE COURT SHALL ENDORSE UPON THE SUMMONS AN ORDER 1,284
DIRECTING THE PARENT, GUARDIAN, OR OTHER PERSON HAVING CARE OF 1,285
THE CHILD TO APPEAR PERSONALLY AT THE HEARING AND DIRECTING THE 1,286
PERSON HAVING THE PHYSICAL CUSTODY OR CONTROL OF THE CHILD TO 1,287
BRING THE CHILD TO THE HEARING.
(F)(1) The summons shall contain a statement advising that 1,289
any party is entitled to counsel in the proceedings and that the 1,290
court will appoint counsel or designate a county public defender 1,291
or joint county public defender to provide legal representation 1,292
if the party is indigent. 1,293
(2) In cases in which the complaint alleges a child to be 1,295
an abused, neglected, or dependent child and no hearing has been 1,296
conducted pursuant to division (A) of section 2151.314 of the 1,297
Revised Code with respect to the child or a parent, guardian, or 1,298
custodian of the child does not attend the hearing, the summons 1,299
also shall contain a statement advising that a case plan may be 1,300
prepared for the child, the general requirements usually
contained in case plans, and the possible consequences of failure 1,301
to comply with a journalized case plan. 1,302
(G) If it appears from an affidavit filed or from sworn 1,304
31
testimony before the court that the conduct, condition, or 1,305
surroundings of the child are endangering the child's health or 1,307
welfare or those of others, that the child may abscond or be
removed from the jurisdiction of the court, or that the child 1,308
will not be brought to the court, notwithstanding the service of 1,310
the summons, the court may endorse upon the summons an order that 1,311
a law enforcement officer serve the summons and take the child 1,312
into immediate custody and bring the child forthwith to the 1,313
court.
(H) A party, other than the child, may waive service of 1,315
summons by written stipulation. 1,316
(I) Before any temporary commitment is made permanent, the 1,318
court shall fix a time for hearing in accordance with section 1,319
2151.414 of the Revised Code and shall cause notice by summons to 1,320
be served upon the parent or guardian of the child and the 1,321
guardian ad litem of the child, or published, as provided in 1,322
section 2151.29 of the Revised Code. The summons shall contain 1,323
an explanation that the granting of permanent custody permanently 1,324
divests the parents of their parental rights and privileges. 1,325
(J) Any person whose presence is considered necessary and 1,327
who is not summoned may be subpoenaed to appear and testify at 1,328
the hearing. Anyone summoned or subpoenaed to appear who fails 1,330
to do so may be punished, as in other cases in the court of 1,331
common pleas, for contempt of court. Persons subpoenaed shall be 1,332
paid the same witness fees as are allowed in the court of common 1,333
pleas. 1,334
(K) The failure of the court to hold an adjudicatory 1,336
hearing within any time period set forth in division (A)(2) of 1,337
this section does not affect the ability of the court to issue 1,338
any order under this chapter and does not provide any basis for 1,339
attacking the jurisdiction of the court or the validity of any 1,340
order of the court. 1,341
(L) If the court, at an adjudicatory hearing held pursuant 1,343
to division (A) of this section upon a complaint alleging that a 1,344
32
child is an abused, neglected, dependent, delinquent, or unruly 1,345
child or a juvenile traffic offender, determines that the child 1,346
is a dependent child, the court shall incorporate that 1,347
determination into written findings of fact and conclusions of 1,348
law and enter those findings of fact and conclusions of law in
the record of the case. The court shall include in those 1,350
findings of fact and conclusions of law specific findings as to
the existence of any danger to the child and any underlying 1,351
family problems that are the basis for the court's determination 1,352
that the child is a dependent child. 1,353
Sec. 2151.311. (A) A person taking a child into custody 1,362
shall, with all reasonable speed and in accordance with division 1,363
(C) of this section, either: 1,364
(1) Release the child to the child's parents, guardian, or 1,366
other custodian, unless the child's detention or shelter care 1,367
appears to be warranted or required as provided in section 1,369
2151.31 of the Revised Code; 1,370
(2) Bring the child to the court or deliver the child to a 1,372
place of detention or shelter care designated by the court and 1,373
promptly give notice thereof, together with a statement of the 1,374
reason for taking the child into custody, to a parent, guardian, 1,375
or other custodian and to the court. 1,376
(B) If a parent, guardian, or other custodian fails, when 1,378
requested by the court, to bring the child before the court as 1,379
provided by this section, the court may issue its warrant 1,380
directing that the child be taken into custody and brought before 1,381
the court. 1,382
(C)(1) Before taking any action required by division (A) 1,384
of this section, a person taking a child into custody may hold 1,385
the child for processing purposes in a county, multicounty, or 1,386
municipal jail or workhouse, or other place where an adult 1,387
convicted of crime, under arrest, or charged with crime is held 1,388
for either of the following periods of time: 1,389
(a) For a period not to exceed six hours, if all of the 1,391
33
following apply: 1,392
(i) The child is alleged to be a delinquent child for the 1,394
commission of an act that would be a felony if committed by an 1,395
adult; 1,396
(ii) The child remains beyond the range of touch of all 1,399
adult detainees;
(iii) The child is visually supervised by jail or 1,401
workhouse personnel at all times during the detention; 1,402
(iv) The child is not handcuffed or otherwise physically 1,404
secured to a stationary object during the detention. 1,405
(b) For a period not to exceed three hours, if all of the 1,407
following apply: 1,408
(i) The child is alleged to be a delinquent child for the 1,410
commission of an act that would be a misdemeanor if committed by 1,411
an adult, IS ALLEGED TO BE A DELINQUENT CHILD FOR BEING A CHRONIC 1,412
TRUANT OR AN HABITUAL TRUANT WHO PREVIOUSLY HAS BEEN ADJUDICATED 1,413
AN UNRULY CHILD FOR BEING AN HABITUAL TRUANT, or is alleged to be 1,414
an unruly child or a juvenile traffic offender; 1,416
(ii) The child remains beyond the range of touch of all 1,419
adult detainees;
(iii) The child is visually supervised by jail or 1,421
workhouse personnel at all times during the detention; 1,422
(iv) The child is not handcuffed or otherwise physically 1,424
secured to a stationary object during the detention. 1,425
(2) If a child has been transferred to an adult court for 1,427
prosecution for the alleged commission of a criminal offense, 1,428
subsequent to the transfer, the child may be held as described in 1,430
division (C)(F) of section 2151.312 or division (B) of section 1,431
5120.16 of the Revised Code. 1,432
(D) As used in division (C)(1) of this section, 1,434
"processing purposes" means all of the following: 1,435
(1) Fingerprinting, photographing, or fingerprinting and 1,437
photographing the child in a secure area of the facility; 1,438
(2) Interrogating the child, contacting the child's parent 1,440
34
or guardian, arranging for placement of the child, or arranging 1,441
for transfer or transferring the child, while holding the child 1,442
in a nonsecure area of the facility. 1,443
Sec. 2151.312. (A) Except as provided in divisions (B) 1,452
and (F) of this section, a child alleged to be or adjudicated a 1,453
delinquent child, an unruly child, or a juvenile traffic offender 1,454
may be held only in the following places: 1,455
(1) A certified family foster home or a home approved by 1,457
the court; 1,458
(2) A facility operated by a certified child welfare 1,460
agency; 1,461
(3) Any other suitable place designated by the court. 1,463
(B) In addition to the places listed in division (A) of 1,465
this section, a child alleged to be or adjudicated a delinquent 1,466
child may be held in a detention home or center for delinquent 1,467
children that is under the direction or supervision of the court 1,468
or other public authority or of a private agency and approved by 1,469
the court. DIVISION (B) OF THIS SECTION DOES NOT APPLY TO A 1,470
CHILD ALLEGED TO BE OR ADJUDICATED A DELINQUENT CHILD FOR CHRONIC 1,471
TRUANCY, UNLESS THE CHILD VIOLATED A LAWFUL COURT ORDER MADE 1,472
PURSUANT TO DIVISION (A)(23) OF SECTION 2151.355 OF THE REVISED 1,474
CODE. DIVISION (B) OF THIS SECTION ALSO DOES NOT APPLY TO A 1,475
CHILD ALLEGED TO BE OR ADJUDICATED A DELINQUENT CHILD FOR BEING 1,477
AN HABITUAL TRUANT WHO PREVIOUSLY HAS BEEN ADJUDICATED AN UNRULY 1,478
CHILD FOR BEING AN HABITUAL TRUANT, UNLESS THE CHILD VIOLATED A 1,479
LAWFUL COURT ORDER MADE PURSUANT TO DIVISION (C)(1)(e) OF SECTION 1,481
2151.354 OF THE REVISED CODE.
(C)(1) Except as provided under division (C)(1) of section 1,483
2151.311 of the Revised Code or division (A)(6) of section 1,484
2151.356 of the Revised Code, a child alleged to be or 1,486
adjudicated a neglected child, an abused child, a dependent
child, an unruly child, or a juvenile traffic offender may not be 1,487
held in any of the following facilities: 1,488
(a) A state correctional institution, county, multicounty, 1,491
35
or municipal jail or workhouse, or other place in which an adult 1,492
convicted of crime, under arrest, or charged with a crime is 1,493
held.
(b) A secure correctional facility. 1,495
(2) Except as provided under sections 2151.56 to 2151.61 1,497
and division (A)(6) of section 2151.356 of the Revised Code and 1,498
division (C)(3) of this section, a child alleged to be or 1,499
adjudicated an unruly child or a juvenile traffic offender may 1,500
not be held for more than twenty-four hours in a detention home. 1,501
A child alleged to be or adjudicated a neglected child, an abused 1,502
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 1,504
unruly child and who is taken into custody on a Saturday, Sunday, 1,506
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 1,507
that is not a Saturday, Sunday, or legal holiday. 1,508
(D) Except as provided in division (F) of this section or 1,510
in division (C) of section 2151.311, in division (C)(2) of 1,511
section 5139.06 and section 5120.162, or in division (B) of 1,513
section 5120.16 of the Revised Code, a child who is alleged to be 1,514
or is adjudicated a delinquent child may not be held in a state 1,515
correctional institution, county, multicounty, or municipal jail 1,516
or workhouse, or other place where an adult convicted of crime, 1,517
under arrest, or charged with crime is held. 1,518
(E) Unless the detention is pursuant to division (F) of 1,520
this section or division (C) of section 2151.311, division (C)(2) 1,522
of section 5139.06 and section 5120.162, or division (B) of 1,524
section 5120.16 of the Revised Code, the official in charge of 1,525
the institution, jail, workhouse, or other facility shall inform 1,526
the court immediately when a child, who is or appears to be under 1,527
the age of eighteen years, is received at the facility, and shall 1,528
deliver the child to the court upon request or transfer the child 1,529
to a detention facility designated by the court. 1,530
36
(F) If a case is transferred to another court for criminal 1,532
prosecution pursuant to section 2151.26 of the Revised Code, the 1,533
child may be transferred for detention pending the criminal 1,534
prosecution in a jail or other facility in accordance with the 1,535
law governing the detention of persons charged with crime. Any 1,536
child so held shall be confined in a manner that keeps the child 1,537
beyond the range of touch of all adult detainees. The child 1,538
shall be supervised at all times during the detention. 1,539
Sec. 2151.313. (A)(1) Except as provided in division 1,549
(A)(2) of this section and in sections 109.57, 109.60, and 109.61 1,551
of the Revised Code, no child shall be fingerprinted or 1,552
photographed in the investigation of any violation of law without 1,553
the consent of the juvenile judge. 1,554
(2) Subject to division (A)(3) of this section, a law 1,557
enforcement officer may fingerprint and photograph a child 1,558
without the consent of the juvenile judge when the child is 1,559
arrested or otherwise taken into custody for the commission of an 1,560
act that would be an offense, other than a traffic offense or a 1,561
minor misdemeanor, if committed by an adult, and there is 1,562
probable cause to believe that the child may have been involved 1,563
in the commission of the act. A law enforcement officer who 1,564
takes fingerprints or photographs of a child under division 1,565
(A)(2) of this section immediately shall inform the juvenile 1,566
court that the fingerprints or photographs were taken and shall 1,567
provide the court with the identity of the child, the number of 1,568
fingerprints and photographs taken, and the name and address of 1,569
each person who has custody and control of the fingerprints or 1,570
photographs or copies of the fingerprints or photographs. 1,571
(3) This section does not apply to a child to whom either 1,574
of the following applies:
(a) The child has been arrested or otherwise taken into 1,577
custody for committing, or has been adjudicated a delinquent 1,578
child for committing, an act that would be a felony if committed 1,579
by an adult or has been convicted of or pleaded guilty to 1,580
37
committing a felony. 1,581
(b) There is probable cause to believe that the child may 1,584
have committed an act that would be a felony if committed by an 1,586
adult.
(B)(1) Subject to divisions (B)(4), (5), and (6) of this 1,588
section, all fingerprints and photographs of a child obtained or 1,589
taken under division (A)(1) or (2) of this section, and any 1,590
records of the arrest or custody of the child that was the basis 1,591
for the taking of the fingerprints or photographs, initially may 1,592
be retained only until the expiration of thirty days after the 1,593
date taken, except that the court may limit the initial retention 1,594
of fingerprints and photographs of a child obtained under 1,595
division (A)(1) of this section to a shorter period of time and 1,596
except that, if the child is adjudicated a delinquent child for 1,597
the commission of an act described in division (B)(3) of this 1,598
section or is convicted of or pleads guilty to a criminal offense 1,599
for the commission of an act described in division (B)(3) of this 1,600
section, the fingerprints and photographs, and the records of the 1,601
arrest or custody of the child that was the basis for the taking 1,602
of the fingerprints and photographs, shall be retained in 1,603
accordance with division (B)(3) of this section. During the 1,604
initial period of retention, the fingerprints and photographs of 1,605
a child, copies of the fingerprints and photographs, and records 1,606
of the arrest or custody of the child shall be used or released 1,607
only in accordance with division (C) of this section. At the 1,608
expiration of the initial period for which fingerprints and 1,609
photographs of a child, copies of fingerprints and photographs of 1,610
a child, and records of the arrest or custody of a child may be 1,611
retained under this division, if no complaint is pending against 1,612
the child in relation to the act for which the fingerprints and 1,613
photographs originally were obtained or taken and if the child 1,614
has neither been adjudicated a delinquent child for the 1,615
commission of that act nor been convicted of or pleaded guilty to 1,616
a criminal offense based on that act subsequent to a transfer of 1,617
38
the child's case for criminal prosecution pursuant to section 1,618
2151.26 of the Revised Code, the fingerprints and photographs of 1,619
the child, all copies of the fingerprints and photographs, and 1,620
all records of the arrest or custody of the child that was the 1,621
basis of the taking of the fingerprints and photographs shall be 1,622
removed from the file and delivered to the juvenile court. 1,623
(2) If, at the expiration of the initial period of 1,625
retention set forth in division (B)(1) of this section, a 1,626
complaint is pending against the child in relation to the act for 1,627
which the fingerprints and photographs originally were obtained 1,628
or the child either has been adjudicated a delinquent child for 1,629
the commission of an act other than an act described in division 1,630
(B)(3) of this section or has been convicted of or pleaded guilty 1,631
to a criminal offense for the commission of an act other than an 1,632
act described in division (B)(3) of this section subsequent to 1,633
transfer of the child's case, the fingerprints and photographs of 1,634
the child, copies of the fingerprints and photographs, and the 1,635
records of the arrest or custody of the child that was the basis 1,636
of the taking of the fingerprints and photographs may further be 1,637
retained, subject to division (B)(4) of this section, until the 1,638
earlier of the expiration of two years after the date on which 1,639
the fingerprints or photographs were taken or the child attains 1,640
eighteen years of age, except that, if the child is adjudicated a 1,641
delinquent child for the commission of an act described in 1,642
division (B)(3) of this section or is convicted of or pleads 1,643
guilty to a criminal offense for the commission of an act 1,644
described in division (B)(3) of this section, the fingerprints 1,645
and photographs, and the records of the arrest or custody of the 1,646
child that was the basis for the taking of the fingerprints and 1,647
photographs, shall be retained in accordance with division (B)(3) 1,648
of this section. 1,649
Except as otherwise provided in division (B)(3) of this 1,651
section, during this additional period of retention, the 1,652
fingerprints and photographs of a child, copies of the 1,653
39
fingerprints and photographs of a child, and records of the 1,654
arrest or custody of a child shall be used or released only in 1,655
accordance with division (C) of this section. At the expiration 1,656
of the additional period, if no complaint is pending against the 1,657
child in relation to the act for which the fingerprints 1,658
originally were obtained or taken or in relation to another act 1,659
for which the fingerprints were used as authorized by division 1,660
(C) of this section and that would be a felony if committed by an 1,661
adult, the fingerprints of the child, all copies of the 1,662
fingerprints, and all records of the arrest or custody of the 1,663
child that was the basis of the taking of the fingerprints shall 1,664
be removed from the file and delivered to the juvenile court, 1,665
and, if no complaint is pending against the child concerning the 1,666
act for which the photographs originally were obtained or taken 1,667
or concerning an act that would be a felony if committed by an 1,668
adult, the photographs and all copies of the photographs, and, if 1,669
no fingerprints were taken at the time the photographs were 1,670
taken, all records of the arrest or custody that was the basis of 1,671
the taking of the photographs shall be removed from the file and 1,672
delivered to the juvenile court. In either case, if, at the 1,673
expiration of the applicable additional period, such a complaint 1,674
is pending against the child, the photographs and copies of the 1,675
photographs of the child, or the fingerprints and copies of the 1,676
fingerprints of the child, whichever is applicable, and the 1,677
records of the arrest or custody of the child may be retained, 1,678
subject to division (B)(4) of this section, until final 1,679
disposition of the complaint, and, upon final disposition of the 1,680
complaint, they shall be removed from the file and delivered to 1,681
the juvenile court, except that, if the child is adjudicated a 1,682
delinquent child for the commission of an act described in 1,683
division (B)(3) of this section or is convicted of or pleads 1,684
guilty to a criminal offense for the commission of an act 1,685
described in division (B)(3) of this section, the fingerprints 1,686
and photographs, and the records of the arrest or custody of the 1,687
40
child that was the basis for the taking of the fingerprints and 1,688
photographs, shall be retained in accordance with division (B)(3) 1,689
of this section. 1,690
(3) If a child is adjudicated a delinquent child for 1,692
violating section 2923.42 of the Revised Code or for committing 1,694
an act that would be a misdemeanor offense of violence if
committed by an adult, or is convicted of or pleads guilty to a 1,696
violation of section 2923.42 of the Revised Code, a misdemeanor 1,698
offense of violence, or a violation of an existing or former 1,699
municipal ordinance or law of this state, another state, or the 1,701
United States that is substantially equivalent to section 2923.42 1,702
of the Revised Code or any misdemeanor offense of violence, both 1,703
of the following apply: 1,704
(a) Originals and copies of fingerprints and photographs 1,706
of the child obtained or taken under division (A)(1) of this 1,707
section, and any records of the arrest or custody that was the 1,708
basis for the taking of the fingerprints or photographs, may be 1,709
retained for the period of time specified by the juvenile judge 1,710
in that judge's grant of consent for the taking of the 1,711
fingerprints or photographs. Upon the expiration of the 1,712
specified period, all originals and copies of the fingerprints, 1,713
photographs, and records shall be delivered to the juvenile court 1,714
or otherwise disposed of in accordance with any instructions 1,715
specified by the juvenile judge in that judge's grant of consent. 1,716
During the period of retention of the photographs and records, 1,717
all originals and copies of them shall be retained in a file 1,718
separate and apart from all photographs taken of adults. During 1,719
the period of retention of the fingerprints, all originals and 1,720
copies of them may be maintained in the files of fingerprints 1,721
taken of adults. If the juvenile judge who grants consent for 1,722
the taking of fingerprints and photographs under division (A)(1) 1,723
of this section does not specify a period of retention in that 1,724
judge's grant of consent, originals and copies of the 1,726
fingerprints, photographs, and records may be retained in 1,727
41
accordance with this section as if the fingerprints and 1,728
photographs had been taken under division (A)(2) of this section. 1,729
(b) Originals and copies of fingerprints and photographs 1,731
taken under division (A)(2) of this section, and any records of 1,732
the arrest or custody that was the basis for the taking of the 1,733
fingerprints or photographs, may be retained for the period of 1,734
time and in the manner specified in division (B)(3)(b) of this 1,736
section. Prior to the child's attainment of eighteen years of 1,737
age, all originals and copies of the photographs and records 1,738
shall be retained and shall be kept in a file separate and apart 1,739
from all photographs taken of adults. During the period of 1,740
retention of the fingerprints, all originals and copies of them 1,741
may be maintained in the files of fingerprints taken of adults. 1,742
Upon the child's attainment of eighteen years of age, all 1,743
originals and copies of the fingerprints, photographs, and 1,744
records shall be disposed of as follows: 1,745
(i) If the juvenile judge issues or previously has issued 1,747
an order that specifies a manner of disposition of the originals 1,748
and copies of the fingerprints, photographs, and records, they 1,749
shall be delivered to the juvenile court or otherwise disposed of 1,750
in accordance with the order. 1,751
(ii) If the juvenile judge does not issue and has not 1,753
previously issued an order that specifies a manner of disposition 1,754
of the originals and copies of the fingerprints not maintained in 1,755
adult files, photographs, and records, the law enforcement 1,756
agency, in its discretion, either shall remove all originals and 1,757
copies of them from the file in which they had been maintained 1,758
and transfer them to the files that are used for the retention of 1,759
fingerprints and photographs taken of adults who are arrested 1,760
for, otherwise taken into custody for, or under investigation for 1,761
the commission of a criminal offense or shall remove them from 1,762
the file in which they had been maintained and deliver them to 1,763
the juvenile court. If the originals and copies of any 1,764
fingerprints of a child who attains eighteen years of age are 1,765
42
maintained in the files of fingerprints taken of adults or if 1,766
pursuant to division (B)(3)(b)(ii) of this section the agency 1,768
transfers the originals and copies of any fingerprints not 1,769
maintained in adult files, photographs, or records to the files 1,770
that are used for the retention of fingerprints and photographs 1,771
taken of adults who are arrested for, otherwise taken into 1,772
custody for, or under investigation for the commission of a 1,773
criminal offense, the originals and copies of the fingerprints, 1,774
photographs, and records may be maintained, used, and released 1,775
after they are maintained in the adult files or after the 1,776
transfer as if the fingerprints and photographs had been taken 1,777
of, and as if the records pertained to, an adult who was arrested 1,778
for, otherwise taken into custody for, or under investigation for 1,779
the commission of a criminal offense. 1,780
(4) If a sealing or expungement order issued under section 1,782
2151.358 of the Revised Code requires the sealing or destruction 1,783
of any fingerprints or photographs of a child obtained or taken 1,784
under division (A)(1) or (2) of this section or of the records of 1,785
an arrest or custody of a child that was the basis of the taking 1,786
of the fingerprints or photographs prior to the expiration of any 1,787
period for which they otherwise could be retained under division 1,788
(B)(1), (2), or (3) of this section, the fingerprints, 1,789
photographs, and arrest or custody records that are subject to 1,790
the order and all copies of the fingerprints, photographs, and 1,791
arrest or custody records shall be sealed or destroyed in 1,792
accordance with the order. 1,793
(5) All fingerprints of a child, photographs of a child, 1,795
records of an arrest or custody of a child, and copies delivered 1,796
to a juvenile court in accordance with division (B)(1), (2), or 1,797
(3) of this section shall be destroyed by the court, PROVIDED 1,798
THAT, IF A COMPLAINT IS FILED AGAINST THE CHILD IN RELATION TO 1,800
ANY ACT TO WHICH THE RECORDS PERTAIN, THE COURT SHALL MAINTAIN
ALL RECORDS OF AN ARREST OR CUSTODY OF A CHILD SO DELIVERED FOR 1,802
AT LEAST THREE YEARS AFTER THE FINAL DISPOSITION OF THE CASE OR 1,803
43
AFTER THE CASE BECOMES INACTIVE.
(6)(a) All photographs of a child and records of an arrest 1,805
or custody of a child retained pursuant to division (B) of this 1,806
section and not delivered to a juvenile court shall be kept in a 1,807
file separate and apart from fingerprints, photographs, and 1,808
records of an arrest or custody of an adult. All fingerprints of 1,809
a child retained pursuant to division (B) of this section and not 1,810
delivered to a juvenile court may be maintained in the files of 1,811
fingerprints taken of adults. 1,812
(b) If a child who is the subject of photographs or 1,814
fingerprints is adjudicated a delinquent child for the commission 1,815
of an act that would be an offense, other than a traffic offense 1,817
or a minor misdemeanor, if committed by an adult or is convicted 1,818
of or pleads guilty to a criminal offense, other than a traffic
offense or a minor misdemeanor, all fingerprints not maintained 1,820
in the files of fingerprints taken of adults and all photographs 1,821
of the child, and all records of the arrest or custody of the 1,822
child that is the basis of the taking of the fingerprints or 1,823
photographs, that are retained pursuant to division (B) of this 1,824
section and not delivered to a juvenile court shall be kept in a 1,825
file separate and apart from fingerprints, photographs, and 1,826
arrest and custody records of children who have not been 1,827
adjudicated a delinquent child for the commission of an act that 1,828
would be an offense, other than a traffic offense or a minor 1,829
misdemeanor, if committed by an adult and have not been convicted 1,830
of or pleaded guilty to a criminal offense other than a traffic 1,831
offense or a minor misdemeanor. 1,832
(C) Until they are delivered to the juvenile court or 1,834
sealed, transferred in accordance with division (B)(3)(b) of this 1,835
section, or destroyed pursuant to a sealing or expungement order, 1,836
the originals and copies of fingerprints and photographs of a 1,837
child that are obtained or taken pursuant to division (A)(1) or 1,838
(2) of this section, and the records of the arrest or custody of 1,839
the child that was the basis of the taking of the fingerprints or 1,840
44
photographs, shall be used or released only as follows: 1,841
(1) During the initial thirty-day period of retention, 1,843
originals and copies of fingerprints and photographs of a child, 1,844
and records of the arrest or custody of a child, shall be used, 1,845
prior to the filing of a complaint against the child in relation 1,846
to the act for which the fingerprints and photographs were 1,847
originally obtained or taken, only for the investigation of that 1,848
act and shall be released, prior to the filing of the complaint, 1,849
only to a court that would have jurisdiction of the child's case 1,850
under this chapter. Subsequent to the filing of a complaint, 1,851
originals and copies of fingerprints and photographs of a child, 1,852
and records of the arrest or custody of a child, shall be used or 1,853
released during the initial thirty-day period of retention only 1,854
as provided in division (C)(2)(a), (b), or (c) of this section. 1,855
(2) Originals and copies of fingerprints and photographs 1,857
of a child, and records of the arrest or custody of a child, that 1,858
are retained beyond the initial thirty-day period of retention 1,859
subsequent to the filing of a complaint, a delinquent child 1,860
adjudication, or a conviction of or guilty plea to a criminal 1,861
offense shall be used or released only as follows: 1,862
(a) Originals and copies of photographs of a child, and, 1,864
if no fingerprints were taken at the time the photographs were 1,865
taken, records of the arrest or custody of the child that was the 1,866
basis of the taking of the photographs, may be used only as 1,867
follows: 1,868
(i) They may be used for the investigation of the act for 1,870
which they originally were obtained or taken; if the child who is 1,871
the subject of the photographs is a suspect in the investigation, 1,872
for the investigation of any act that would be an offense if 1,873
committed by an adult; and for arresting or bringing the child 1,874
into custody. 1,875
(ii) If the child who is the subject of the photographs is 1,877
adjudicated a delinquent child for the commission of an act that 1,878
would be a felony if committed by an adult or is convicted of or 1,879
45
pleads guilty to a criminal offense that is a felony as a result 1,880
of the arrest or custody that was the basis of the taking of the 1,881
photographs, a law enforcement officer may use the photographs 1,882
for a photo line-up conducted as part of the investigation of any 1,883
act that would be a felony if committed by an adult, whether or 1,884
not the child who is the subject of the photographs is a suspect 1,885
in the investigation. 1,886
(b) Originals and copies of fingerprints of a child, and 1,888
records of the arrest or custody of the child that was the basis 1,889
of the taking of the fingerprints, may be used only for the 1,890
investigation of the act for which they originally were obtained 1,891
or taken; if a child is a suspect in the investigation, for the 1,892
investigation of another act that would be an offense if 1,893
committed by an adult; and for arresting or bringing the child 1,894
into custody. 1,895
(c) Originals and copies of fingerprints, photographs, and 1,897
records of the arrest or custody that was the basis of the taking 1,898
of the fingerprints or photographs shall be released only to the 1,899
following: 1,900
(i) Law enforcement officers of this state or a political 1,902
subdivision of this state, upon notification to the juvenile 1,903
court of the name and address of the law enforcement officer or 1,904
agency to whom or to which they will be released; 1,905
(ii) A court that has jurisdiction of the child's case 1,907
under Chapter 2151. of the Revised Code or subsequent to a 1,908
transfer of the child's case for criminal prosecution pursuant to 1,909
section 2151.26 of the Revised Code. 1,910
(D) No person shall knowingly do any of the following: 1,912
(1) Fingerprint or photograph a child in the investigation 1,914
of any violation of law other than as provided in division (A)(1) 1,915
or (2) of this section or in sections 109.57, 109.60, and 109.61 1,917
of the Revised Code;
(2) Retain fingerprints or photographs of a child obtained 1,919
or taken under division (A)(1) or (2) of this section, copies of 1,920
46
fingerprints or photographs of that nature, or records of the 1,922
arrest or custody that was the basis of the taking of 1,923
fingerprints or photographs of that nature other than in 1,924
accordance with division (B) of this section; 1,926
(3) Use or release fingerprints or photographs of a child 1,928
obtained or taken under division (A)(1) or (2) of this section, 1,929
copies of fingerprints or photographs of that nature, or records 1,931
of the arrest or custody that was the basis of the taking of 1,932
fingerprints or photographs of that nature other than in 1,933
accordance with division (B) or (C) of this section. 1,934
Sec. 2151.35. (A)(1) The juvenile court may conduct its 1,943
hearings in an informal manner and may adjourn its hearings from 1,944
time to time. In the hearing of any case, the general public may 1,945
be excluded and only those persons admitted who have a direct 1,946
interest in the case. 1,947
All EXCEPT CASES INVOLVING CHILDREN WHO ARE ALLEGED TO BE 1,949
UNRULY OR DELINQUENT CHILDREN FOR BEING HABITUAL OR CHRONIC 1,950
TRUANTS, ALL cases involving children shall be heard separately 1,952
and apart from the trial of cases against adults. The court may 1,953
excuse the attendance of the child at the hearing in cases 1,954
involving abused, neglected, or dependent children. The court 1,955
shall hear and determine all cases of children without a jury, 1,956
EXCEPT THAT SECTION 2151.47 OF THE REVISED CODE SHALL APPLY IN 1,960
CASES INVOLVING A COMPLAINT THAT JOINTLY ALLEGES THAT A CHILD IS 1,961
AN UNRULY OR DELINQUENT CHILD FOR BEING AN HABITUAL OR CHRONIC 1,963
TRUANT AND THAT A PARENT, GUARDIAN, OR OTHER PERSON HAVING CARE 1,966
OF THE CHILD FAILED TO CAUSE THE CHILD'S ATTENDANCE AT SCHOOL. 1,967
IF A COMPLAINT ALLEGES A CHILD TO BE A DELINQUENT CHILD, 1,969
UNRULY CHILD, OR JUVENILE TRAFFIC OFFENDER, THE COURT SHALL 1,970
REQUIRE THE PARENT, GUARDIAN, OR CUSTODIAN OF THE CHILD TO ATTEND 1,971
ALL PROCEEDINGS OF THE COURT REGARDING THE CHILD. IF A PARENT, 1,972
GUARDIAN, OR CUSTODIAN FAILS TO SO ATTEND, THE COURT MAY FIND THE 1,973
PARENT, GUARDIAN, OR CUSTODIAN IN CONTEMPT. 1,974
If the court at the adjudicatory hearing finds from clear 1,976
47
and convincing evidence that the child is an abused, neglected, 1,977
or dependent child, the court shall proceed, in accordance with 1,978
division (B) of this section, to hold a dispositional hearing and 1,979
hear the evidence as to the proper disposition to be made under 1,980
section 2151.353 of the Revised Code. If the court at the 1,981
adjudicatory hearing finds beyond a reasonable doubt that the 1,982
child is a delinquent or unruly child or a juvenile traffic 1,983
offender, the court shall proceed immediately, or at a postponed 1,984
hearing, to hear the evidence as to the proper disposition to be 1,985
made under sections 2151.352 to 2151.355 of the Revised Code. If 1,987
THE COURT AT THE ADJUDICATORY HEARING FINDS BEYOND A REASONABLE 1,988
DOUBT THAT THE CHILD IS AN UNRULY CHILD FOR BEING AN HABITUAL 1,989
TRUANT, OR THAT THE CHILD IS AN UNRULY CHILD FOR BEING AN 1,990
HABITUAL TRUANT AND THAT THE PARENT, GUARDIAN, OR OTHER PERSON 1,991
HAVING CARE OF THE CHILD HAS FAILED TO CAUSE THE CHILD'S 1,992
ATTENDANCE AT SCHOOL IN VIOLATION OF SECTION 3321.38 OF THE 1,995
REVISED CODE, THE COURT SHALL PROCEED TO HOLD A HEARING TO HEAR 1,997
THE EVIDENCE AS TO THE PROPER DISPOSITION TO BE MADE IN REGARD TO 1,999
THE CHILD UNDER DIVISION (C)(1) OF SECTION 2151.354 OF THE 2,001
REVISED CODE AND THE PROPER ACTION TO TAKE IN REGARD TO THE 2,002
PARENT, GUARDIAN, OR OTHER PERSON HAVING CARE OF THE CHILD UNDER 2,003
DIVISION (C)(2) OF SECTION 2151.354 OF THE REVISED CODE. IF THE 2,008
COURT AT THE ADJUDICATORY HEARING FINDS BEYOND A REASONABLE DOUBT 2,009
THAT THE CHILD IS A DELINQUENT CHILD FOR BEING A CHRONIC TRUANT
OR FOR BEING AN HABITUAL TRUANT WHO PREVIOUSLY HAS BEEN 2,010
ADJUDICATED AN UNRULY CHILD FOR BEING AN HABITUAL TRUANT, OR THAT 2,011
THE CHILD IS A DELINQUENT CHILD FOR EITHER OF THOSE REASONS AND 2,012
THE PARENT, GUARDIAN, OR OTHER PERSON HAVING CARE OF THE CHILD 2,013
HAS FAILED TO CAUSE THE CHILD'S ATTENDANCE AT SCHOOL IN VIOLATION 2,014
OF SECTION 3321.38 OF THE REVISED CODE, THE COURT SHALL PROCEED 2,015
TO HOLD A HEARING TO HEAR THE EVIDENCE AS TO THE PROPER 2,017
DISPOSITION TO BE MADE IN REGARD TO THE CHILD UNDER DIVISION 2,019
(A)(24)(a) OF SECTION 2151.355 OF THE REVISED CODE AND THE PROPER 2,021
ACTION TO TAKE IN REGARD TO THE PARENT, GUARDIAN, OR OTHER PERSON 2,022
48
HAVING CARE OF THE CHILD UNDER DIVISION (A)(24)(b) OF SECTION 2,023
2151.355 OF THE REVISED CODE. 2,024
IF the court does not find the child to be an abused, 2,027
neglected, dependent, delinquent, or unruly child or a juvenile 2,028
traffic offender, it shall order that the complaint be dismissed 2,029
and that the child be discharged from any detention or 2,030
restriction theretofore ordered. 2,031
(2) A record of all testimony and other oral proceedings 2,033
in juvenile court shall be made in all proceedings that are held 2,034
pursuant to section 2151.414 of the Revised Code or in which an 2,035
order of disposition may be made pursuant to division (A)(4) of 2,036
section 2151.353 of the Revised Code, and shall be made upon 2,037
request in any other proceedings. The record shall be made as 2,038
provided in section 2301.20 of the Revised Code. 2,039
(B)(1) If the court at an adjudicatory hearing determines 2,041
that a child is an abused, neglected, or dependent child, the 2,042
court shall not issue a dispositional order until after the court 2,043
holds a separate dispositional hearing. The court may hold the 2,044
dispositional hearing for an adjudicated abused, neglected, or 2,046
dependent child immediately after the adjudicatory hearing if all 2,048
parties were served prior to the adjudicatory hearing with all 2,049
documents required for the dispositional hearing. The 2,050
dispositional hearing may not be held more than thirty days after 2,051
the adjudicatory hearing is held. The court, upon the request of 2,052
any party or the guardian ad litem of the child, may continue a 2,053
dispositional hearing for a reasonable time not to exceed the 2,054
time limits set forth in this division to enable a party to 2,055
obtain or consult counsel. The dispositional hearing shall not 2,056
be held more than ninety days after the date on which the 2,057
complaint in the case was filed. 2,058
If the dispositional hearing is not held within the period 2,060
of time required by this division, the court, on its own motion 2,061
or the motion of any party or the guardian ad litem of the child, 2,062
shall dismiss the complaint without prejudice. 2,063
49
(2) The dispositional hearing shall be conducted in 2,065
accordance with all of the following: 2,066
(a) The judge or referee who presided at the adjudicatory 2,068
hearing shall preside, if possible, at the dispositional hearing; 2,069
(b) The court may admit any evidence that is material and 2,071
relevant, including, but not limited to, hearsay, opinion, and 2,072
documentary evidence; 2,073
(c) Medical examiners and each investigator who prepared a 2,075
social history shall not be cross-examined, except upon consent 2,076
of the parties, for good cause shown, or as the court in its 2,077
discretion may direct. Any party may offer evidence 2,078
supplementing, explaining, or disputing any information contained 2,079
in the social history or other reports that may be used by the 2,080
court in determining disposition. 2,081
(3) After the conclusion of the dispositional hearing, the 2,083
court shall enter an appropriate judgment within seven days and 2,084
shall schedule the date for the hearing to be held pursuant to 2,085
section 2151.415 of the Revised Code. The court may make any 2,086
order of disposition that is set forth in section 2151.353 of the 2,087
Revised Code. A copy of the judgment shall be given to each 2,088
party and to the child's guardian ad litem. If the judgment is 2,089
conditional, the order shall state the conditions of the 2,090
judgment. If the child is not returned to the child's own home, 2,092
the court shall determine which school district shall bear the 2,093
cost of the child's education and shall comply with section 2,095
2151.36 of the Revised Code.
(4) As part of its dispositional order, the court may 2,097
issue any order described in division (B) of section 2151.33 of 2,098
the Revised Code. 2,099
(C) The court shall give all parties to the action and the 2,101
child's guardian ad litem notice of the adjudicatory and 2,102
dispositional hearings in accordance with the Juvenile Rules. 2,103
(D) If the court issues an order pursuant to division 2,105
(A)(4) of section 2151.353 of the Revised Code committing a child 2,106
50
to the permanent custody of a public children services agency or 2,107
a private child placing agency, the parents of the child whose 2,108
parental rights were terminated cease to be parties to the action 2,109
upon the issuance of the order. This division is not intended to 2,110
eliminate or restrict any right of the parents to appeal the 2,111
permanent custody order issued pursuant to division (A)(4) of 2,112
section 2151.353 of the Revised Code. 2,113
(E) Each juvenile court shall schedule its hearings in 2,115
accordance with the time requirements of this chapter. 2,116
(F) In cases regarding abused, neglected, or dependent 2,118
children, the court may admit any statement of a child that the 2,119
court determines to be excluded by the hearsay rule if the 2,120
proponent of the statement informs the adverse party of the 2,121
proponent's intention to offer the statement and of the 2,123
particulars of the statement, including the name of the 2,124
declarant, sufficiently in advance of the hearing to provide the 2,125
party with a fair opportunity to prepare to challenge, respond 2,126
to, or defend against the statement, and the court determines all 2,127
of the following: 2,128
(1) The statement has circumstantial guarantees of 2,130
trustworthiness; 2,131
(2) The statement is offered as evidence of a material 2,133
fact; 2,134
(3) The statement is more probative on the point for which 2,136
it is offered than any other evidence that the proponent can 2,137
procure through reasonable efforts; 2,138
(4) The general purposes of the evidence rules and the 2,140
interests of justice will best be served by the admission of the 2,141
statement into evidence. 2,142
(G) If a child is alleged to be an abused child, the court 2,144
may order that the testimony of the child be taken by deposition. 2,145
On motion of the prosecuting attorney, guardian ad litem, or any 2,146
party, or in its own discretion, the court may order that the 2,147
deposition be videotaped. Any deposition taken under this 2,148
51
division shall be taken with a judge or referee present. 2,149
If a deposition taken under this division is intended to be 2,151
offered as evidence at the hearing, it shall be filed with the 2,152
court. Part or all of the deposition is admissible in evidence 2,153
if counsel for all parties had an opportunity and similar motive 2,154
at the time of the taking of the deposition to develop the 2,155
testimony by direct, cross, or redirect examination and the judge 2,156
determines that there is reasonable cause to believe that if the 2,157
child were to testify in person at the hearing, the child would 2,158
experience emotional trauma as a result of participating at the 2,161
hearing.
Sec. 2151.354. (A) If the child is adjudicated an unruly 2,170
child, the court may: 2,171
(1) Make any of the dispositions authorized under section 2,173
2151.353 of the Revised Code; 2,174
(2) Place the child on probation under any conditions that 2,176
the court prescribes; 2,177
(3) Suspend or revoke the driver's license, probationary 2,179
driver's license, or temporary instruction permit issued to the 2,180
child and suspend or revoke the registration of all motor 2,181
vehicles registered in the name of the child. A child whose 2,183
license or permit is so suspended or revoked is ineligible for 2,184
issuance of a license or permit during the period of suspension 2,185
or revocation. At the end of the period of suspension or
revocation, the child shall not be reissued a license or permit 2,186
until the child has paid any applicable reinstatement fee and 2,187
complied with all requirements governing license reinstatement. 2,188
(4) Commit the child to the temporary or permanent custody 2,190
of the court;
(5) If, after making a disposition under division (A)(1), 2,192
(2), or (3) of this section, the court finds upon further hearing 2,193
that the child is not amenable to treatment or rehabilitation 2,194
under that disposition, make a disposition otherwise authorized 2,195
under divisions (A)(1), (2), and (A)(7)(8) to (11)(12) of section 2,197
52
2151.355 of the Revised Code, except that the child may not be 2,198
committed to or placed in a secure correctional facility, and 2,199
commitment to or placement in a detention home may not exceed 2,200
twenty-four hours unless authorized by division (C)(3) of section 2,201
2151.312 or sections 2151.56 to 2151.61 of the Revised Code. 2,202
(B) If a child is adjudicated an unruly child for 2,204
committing any act that, if committed by an adult, would be a 2,205
drug abuse offense, as defined in section 2925.01 of the Revised 2,206
Code, or a violation of division (B) of section 2917.11 of the 2,207
Revised Code, then, in addition to imposing, in its discretion, 2,208
any other order of disposition authorized by this section, the 2,209
court shall do both of the following: 2,210
(1) Require the child to participate in a drug abuse or 2,212
alcohol abuse counseling program; 2,213
(2) Suspend or revoke the temporary instruction permit, 2,215
probationary driver's license, or driver's license issued to the 2,217
child for a period of time prescribed by the court or, at the 2,218
discretion of the court, until the child attends and 2,219
satisfactorily completes a drug abuse or alcohol abuse education, 2,220
intervention, or treatment program specified by the court. 2,221
During the time the child is attending the program, the court 2,222
shall retain any temporary instruction permit, probationary 2,223
driver's license, or driver's license issued to the child and 2,224
shall return the permit or license when the child satisfactorily 2,225
completes the program. 2,226
(C)(1) IF A CHILD IS ADJUDICATED AN UNRULY CHILD FOR BEING 2,228
AN HABITUAL TRUANT, IN ADDITION TO OR IN LIEU OF IMPOSING ANY 2,230
OTHER ORDER OF DISPOSITION AUTHORIZED BY THIS SECTION, THE COURT 2,231
MAY DO ANY OF THE FOLLOWING: 2,232
(a) ORDER THE BOARD OF EDUCATION OF THE CHILD'S SCHOOL 2,234
DISTRICT OR THE GOVERNING BOARD OF THE EDUCATIONAL SERVICE CENTER 2,235
IN THE CHILD'S SCHOOL DISTRICT TO REQUIRE THE CHILD TO ATTEND AN 2,236
ALTERNATIVE SCHOOL IF AN ALTERNATIVE SCHOOL HAS BEEN ESTABLISHED 2,237
PURSUANT TO SECTION 3313.533 OF THE REVISED CODE IN THE SCHOOL 2,238
53
DISTRICT IN WHICH THE CHILD IS ENTITLED TO ATTEND SCHOOL; 2,240
(b) REQUIRE THE CHILD TO PARTICIPATE IN ANY ACADEMIC 2,242
PROGRAM OR COMMUNITY SERVICE PROGRAM; 2,243
(c) REQUIRE THE CHILD TO PARTICIPATE IN A DRUG ABUSE OR 2,245
ALCOHOL ABUSE COUNSELING PROGRAM; 2,246
(d) REQUIRE THAT THE CHILD RECEIVE APPROPRIATE MEDICAL OR 2,248
PSYCHOLOGICAL TREATMENT OR COUNSELING; 2,249
(e) MAKE ANY OTHER ORDER THAT THE COURT FINDS PROPER TO 2,251
ADDRESS THE CHILD'S HABITUAL TRUANCY, INCLUDING AN ORDER 2,252
REQUIRING THE CHILD TO NOT BE ABSENT WITHOUT LEGITIMATE EXCUSE 2,254
FROM THE PUBLIC SCHOOL THE CHILD IS SUPPOSED TO ATTEND FOR FIVE 2,255
OR MORE CONSECUTIVE DAYS, SEVEN OR MORE SCHOOL DAYS IN ONE SCHOOL 2,256
MONTH, OR TWELVE OR MORE SCHOOL DAYS IN A SCHOOL YEAR AND 2,257
INCLUDING AN ORDER REQUIRING THE CHILD TO PARTICIPATE IN A 2,258
TRUANCY PREVENTION MEDIATION PROGRAM. 2,259
(2) IF A CHILD IS ADJUDICATED AN UNRULY CHILD FOR BEING AN 2,262
HABITUAL TRUANT AND THE COURT DETERMINES THAT THE PARENT, 2,263
GUARDIAN, OR OTHER PERSON HAVING CARE OF THE CHILD HAS FAILED TO 2,264
CAUSE THE CHILD'S ATTENDANCE AT SCHOOL IN VIOLATION OF SECTION 2,265
3321.38 OF THE REVISED CODE, IN ADDITION TO ANY ORDER OF 2,267
DISPOSITION AUTHORIZED BY THIS SECTION, ALL OF THE FOLLOWING 2,268
APPLY:
(a) THE COURT MAY REQUIRE THE PARENT, GUARDIAN, OR OTHER 2,270
PERSON HAVING CARE OF THE CHILD TO PARTICIPATE IN ANY COMMUNITY 2,272
SERVICE PROGRAM, PREFERABLY A COMMUNITY SERVICE PROGRAM THAT 2,273
REQUIRES THE INVOLVEMENT OF THE PARENT, GUARDIAN, OR OTHER PERSON 2,274
HAVING CARE OF THE CHILD IN THE SCHOOL ATTENDED BY THE CHILD. 2,275
(b) THE COURT MAY REQUIRE THE PARENT, GUARDIAN, OR OTHER 2,278
PERSON HAVING CARE OF THE CHILD TO PARTICIPATE IN A TRUANCY 2,279
PREVENTION MEDIATION PROGRAM.
(c) THE COURT SHALL WARN THE PARENT, GUARDIAN, OR OTHER 2,281
PERSON HAVING CARE OF THE CHILD THAT ANY SUBSEQUENT ADJUDICATION 2,282
OF THE CHILD AS AN UNRULY OR DELINQUENT CHILD FOR BEING AN 2,283
HABITUAL OR CHRONIC TRUANT MAY RESULT IN A CRIMINAL CHARGE 2,284
54
AGAINST THE PARENT, GUARDIAN, OR OTHER PERSON HAVING CARE OF THE 2,285
CHILD FOR A VIOLATION OF DIVISION (C) OF SECTION 2919.21 OR 2,286
SECTION 2919.24 OF THE REVISED CODE. 2,287
Sec. 2151.355. (A) If a child is adjudicated a delinquent 2,296
child, the court may make any of the following orders of 2,298
disposition:
(1) Any order that is authorized by section 2151.353 of 2,300
the Revised Code; 2,301
(2) Place the child on probation under any conditions that 2,303
the court prescribes. If the child is adjudicated a delinquent 2,304
child for violating section 2909.05, 2909.06, or 2909.07 of the 2,306
Revised Code and if restitution is appropriate under the
circumstances of the case, the court shall require the child to 2,307
make restitution for the property damage caused by the child's 2,308
violation as a condition of the child's probation. If the child 2,310
is adjudicated a delinquent child because the child violated any 2,311
other section of the Revised Code, the court may require the 2,312
child as a condition of the child's probation to make restitution 2,313
for the property damage caused by the child's violation and for 2,314
the value of the property that was the subject of the violation 2,315
the child committed if it would be a theft offense, as defined in 2,316
division (K) of section 2913.01 of the Revised Code, if committed 2,317
by an adult. The restitution may be in the form of a cash 2,318
reimbursement paid in a lump sum or in installments, the 2,319
performance of repair work to restore any damaged property to its 2,320
original condition, the performance of a reasonable amount of 2,321
labor for the victim approximately equal to the value of the 2,322
property damage caused by the child's violation or to the value 2,323
of the property that is the subject of the violation if it would 2,324
be a theft offense if committed by an adult, the performance of 2,325
community service or community work, any other form of 2,326
restitution devised by the court, or any combination of the 2,327
previously described forms of restitution.
If the child is adjudicated a delinquent child for 2,329
55
violating a law of this state or the United States, or an 2,330
ordinance or regulation of a political subdivision of this state, 2,331
that would be a crime if committed by an adult or for violating 2,333
division (A) of section 2923.211 of the Revised Code, the court,
in addition to all other required or permissive conditions of 2,335
probation that the court imposes upon the delinquent child 2,337
pursuant to division (A)(2) of this section, shall require the 2,338
child as a condition of the child's probation to abide by the law 2,339
during the period of probation, including, but not limited to, 2,340
complying with the provisions of Chapter 2923. of the Revised 2,341
Code relating to the possession, sale, furnishing, transfer, 2,342
disposition, purchase, acquisition, carrying, conveying, or use 2,343
of, or other conduct involving, a firearm or dangerous ordnance, 2,344
as defined in section 2923.11 of the Revised Code. 2,345
(3) Commit the child to the temporary custody of any 2,347
school, camp, institution, or other facility operated for the 2,349
care of delinquent children by the county, by a district 2,350
organized under section 2151.34 or 2151.65 of the Revised Code, 2,351
or by a private agency or organization, within or without the 2,352
state, that is authorized and qualified to provide the care, 2,353
treatment, or placement required;
(4) If the child is adjudicated a delinquent child for 2,355
committing an act that would be a felony of the third, fourth, or 2,356
fifth degree if committed by an adult or for violating division 2,358
(A) of section 2923.211 of the Revised Code, commit the child to 2,359
the legal custody of the department of youth services for 2,360
institutionalization for an indefinite term consisting of a 2,361
minimum period of six months and a maximum period not to exceed 2,362
the child's attainment of twenty-one years of age; 2,363
(5)(a) If the child is adjudicated a delinquent child for 2,365
violating section 2903.03, 2905.01, 2909.02, or 2911.01 or 2,366
division (A) of section 2903.04 of the Revised Code or for 2,367
violating any provision of section 2907.02 of the Revised Code 2,368
other than division (A)(1)(b) of that section when the sexual 2,370
56
conduct or insertion involved was consensual and when the victim
of the violation of division (A)(1)(b) of that section was older 2,372
than the delinquent child, was the same age as the delinquent 2,373
child, or was less than three years younger than the delinquent 2,374
child, commit the child to the legal custody of the department of 2,375
youth services for institutionalization in a secure facility for 2,376
an indefinite term consisting of a minimum period of one to three 2,377
years, as prescribed by the court, and a maximum period not to 2,378
exceed the child's attainment of twenty-one years of age; 2,379
(b) If the child is adjudicated a delinquent child for 2,382
violating section 2923.02 of the Revised Code and if the 2,383
violation involves an attempt to commit a violation of section
2903.01 or 2903.02 of the Revised Code, commit the child to the 2,385
legal custody of the department of youth services for
institutionalization in a secure facility for an indefinite term 2,386
consisting of a minimum period of six to seven years, as 2,387
prescribed by the court, and a maximum period not to exceed the 2,388
child's attainment of twenty-one years of age;
(c) If the child is adjudicated a delinquent child for 2,390
committing an act that is not described in division (A)(5)(a) or 2,391
(b) of this section and that would be a felony of the first or 2,392
second degree if committed by an adult, commit the child to the 2,393
legal custody of the department of youth services for 2,394
institutionalization in a secure facility for an indefinite term 2,395
consisting of a minimum period of one year and a maximum period 2,396
not to exceed the child's attainment of twenty-one years of age. 2,397
(6) If the child is adjudicated a delinquent child for 2,399
committing a violation of section 2903.01 or 2903.02 of the 2,400
Revised Code, commit the child to the legal custody of the 2,402
department of youth services for institutionalization in a secure 2,403
facility until the child's attainment of twenty-one years of age; 2,404
(7)(a) If the child is adjudicated a delinquent child for 2,407
committing an act, other than a violation of section 2923.12 of 2,408
the Revised Code, that would be a felony if committed by an adult 2,409
57
and is committed to the legal custody of the department of youth 2,410
services pursuant to division (A)(4), (5), or (6) of this section 2,411
and if the court determines that the child, if the child was an 2,412
adult, would be guilty of a specification of the type set forth 2,413
in section 2941.141, 2941.144, 2941.145, or 2941.146 of the 2,414
Revised Code in relation to the act for which the child was 2,415
adjudicated a delinquent child, commit the child to the legal 2,416
custody of the department of youth services for
institutionalization in a secure facility for the following 2,417
period of time, subject to division (A)(7)(c) of this section: 2,418
(i) If the child would be guilty of a specification of the 2,420
type set forth in section 2941.141 of the Revised Code, a period 2,421
of one year; 2,422
(ii) If the child would be guilty of a specification of 2,424
the type set forth in section 2941.144, 2941.145, or 2941.146 of 2,425
the Revised Code, a period of three years. 2,426
(b) If the child is adjudicated a delinquent child for 2,428
committing a category one offense or a category two offense and 2,429
is committed to the legal custody of the department of youth 2,430
services pursuant to division (A)(5) or (6) of this section and 2,431
if the court determines that the child, if the child was an 2,432
adult, would be guilty of a specification of the type set forth 2,433
in section 2941.142 of the Revised Code in relation to the act 2,434
for which the child was adjudicated a delinquent child, the court 2,435
shall commit the child to the legal custody of the department of 2,437
youth services for institutionalization in a secure facility for
a period of not less than one year or more than three years, 2,438
subject to division (A)(7)(c) of this section. 2,439
(c) The court shall not commit a child to the legal 2,442
custody of the department of youth services pursuant to division 2,443
(A)(7)(a) or (b) of this section for a period of time that 2,444
exceeds three years. The period of commitment imposed pursuant 2,445
to division (A)(7)(a) or (b) of this section shall be in addition 2,446
to, and shall be served consecutively with and prior to, a period 2,447
58
of commitment ordered pursuant to division (A)(4), (5), or (6) of 2,448
this section, provided that the total of all the periods of 2,449
commitment shall not exceed the child's attainment of twenty-one 2,450
years of age.
(8)(a) Impose a fine and costs in accordance with the 2,453
schedule set forth in section 2151.3512 of the Revised Code;
(b)(9) Require the child to make restitution for all or 2,455
part of the property damage caused by the child's delinquent act 2,456
and for all or part of the value of the property that was the 2,457
subject of any delinquent act the child committed that would be a 2,458
theft offense, as defined in division (K) of section 2913.01 of 2,459
the Revised Code, if committed by an adult. If the court 2,460
determines that the victim of the child's delinquent act was 2,461
sixty-five years of age or older or permanently and totally 2,462
disabled at the time of the commission of the act, the court, 2,463
regardless of whether or not the child knew the age of the 2,464
victim, shall consider that fact in favor of imposing 2,465
restitution, but that fact shall not control the decision of the 2,466
court. The restitution may be in the form of a cash 2,467
reimbursement paid in a lump sum or in installments, the 2,468
performance of repair work to restore any damaged property to its 2,469
original condition, the performance of a reasonable amount of 2,470
labor for the victim, the performance of community service or 2,471
community work, any other form of restitution devised by the 2,472
court, or any combination of the previously described forms of 2,473
restitution.
(9)(10) Subject to division (D) of this section, suspend 2,476
or revoke the driver's license, probationary driver's license, or 2,477
temporary instruction permit issued to the child or suspend or 2,478
revoke the registration of all motor vehicles registered in the 2,479
name of the child. A child whose license or permit is so 2,480
suspended or revoked is ineligible for issuance of a license or 2,481
permit during the period of suspension or revocation. At the end 2,482
of the period of suspension or revocation, the child shall not be 2,483
59
reissued a license or permit until the child has paid any 2,484
applicable reinstatement fee and complied with all requirements 2,485
governing license reinstatement.
(10)(11) If the child is adjudicated a delinquent child 2,487
for committing an act that, if committed by an adult, would be a 2,489
criminal offense that would qualify the adult as an eligible
offender pursuant to division (A)(3) of section 2929.23 of the 2,490
Revised Code, impose a period of electronically monitored house 2,491
detention in accordance with division (I)(J) of this section that 2,493
does not exceed the maximum sentence of imprisonment that could 2,494
be imposed upon an adult who commits the same act; 2,495
(11)(12) Impose a period of day reporting in which the 2,497
child is required each day to report to and leave a center or 2,499
other approved reporting location at specified times in order to 2,500
participate in work, education or training, treatment, and other 2,501
approved programs at the center or outside the center; 2,502
(12)(13) Impose a period of electronically monitored house 2,504
arrest in accordance with division (I)(J) of this section; 2,506
(13)(14) Impose a period of community service of up to 2,508
five hundred hours; 2,509
(14)(15) Impose a period in an alcohol or drug treatment 2,511
program with a level of security for the child as determined 2,512
necessary by the court; 2,513
(15)(16) Impose a period of intensive supervision, in 2,515
which the child is required to maintain frequent contact with a 2,517
person appointed by the court to supervise the child while the 2,518
child is seeking or maintaining employment and participating in 2,519
training, education, and treatment programs as the order of 2,520
disposition; 2,521
(16)(17) Impose a period of basic supervision, in which 2,523
the child is required to maintain contact with a person appointed 2,524
to supervise the child in accordance with sanctions imposed by 2,525
the court; 2,526
(17)(18) Impose a period of drug and alcohol use 2,528
60
monitoring; 2,529
(18)(19) Impose a period in which the court orders the 2,531
child to observe a curfew that may involve daytime or evening 2,532
hours; 2,533
(19)(20) Require the child to obtain a high school 2,536
diploma, a certificate of high school equivalence, or employment; 2,537
(20)(21) If the court obtains the assent of the victim of 2,540
the criminal act committed by the child, require the child to 2,541
participate in a reconciliation or mediation program that 2,542
includes a meeting in which the child and the victim may discuss 2,543
the criminal act, discuss restitution, and consider other 2,544
sanctions for the criminal act;
(21)(22) Commit the child to the temporary or permanent 2,546
custody of the court; 2,547
(22)(23) REQUIRE THE CHILD TO NOT BE ABSENT WITHOUT 2,550
LEGITIMATE EXCUSE FROM THE PUBLIC SCHOOL THE CHILD IS SUPPOSED TO 2,551
ATTEND FOR FIVE OR MORE CONSECUTIVE DAYS, SEVEN OR MORE SCHOOL 2,552
DAYS IN ONE SCHOOL MONTH, OR TWELVE OR MORE SCHOOL DAYS IN A 2,553
SCHOOL YEAR;
(24)(a) IF A CHILD IS ADJUDICATED A DELINQUENT CHILD FOR 2,556
BEING A CHRONIC TRUANT OR AN HABITUAL TRUANT WHO PREVIOUSLY HAS 2,557
BEEN ADJUDICATED AN UNRULY CHILD FOR BEING AN HABITUAL TRUANT, DO 2,559
EITHER OR BOTH OF THE FOLLOWING:
(i) REQUIRE THE CHILD TO PARTICIPATE IN A TRUANCY 2,561
PREVENTION MEDIATION PROGRAM; 2,562
(ii) MAKE ANY ORDER OF DISPOSITION AS AUTHORIZED BY THIS 2,565
SECTION, EXCEPT THAT THE COURT SHALL NOT COMMIT THE CHILD TO A 2,566
FACILITY DESCRIBED IN DIVISION (A)(3) OF THIS SECTION UNLESS THE 2,567
COURT DETERMINES THAT THE CHILD VIOLATED A LAWFUL COURT ORDER 2,568
MADE PURSUANT TO DIVISION (C)(1)(e) OF SECTION 2151.354 OF THE 2,570
REVISED CODE OR DIVISION (A)(23) OF THIS SECTION. 2,571
(b) IF A CHILD IS ADJUDICATED A DELINQUENT CHILD FOR BEING 2,573
A CHRONIC TRUANT OR AN HABITUAL TRUANT WHO PREVIOUSLY HAS BEEN 2,574
ADJUDICATED AN UNRULY CHILD FOR BEING AN HABITUAL TRUANT AND THE 2,576
61
COURT DETERMINES THAT THE PARENT, GUARDIAN, OR OTHER PERSON 2,577
HAVING CARE OF THE CHILD HAS FAILED TO CAUSE THE CHILD'S 2,578
ATTENDANCE AT SCHOOL IN VIOLATION OF SECTION 3321.38 OF THE 2,579
REVISED CODE, DO EITHER OR BOTH OF THE FOLLOWING: 2,580
(i) REQUIRE THE PARENT, GUARDIAN, OR OTHER PERSON HAVING 2,582
CARE OF THE CHILD TO PARTICIPATE IN A TRUANCY PREVENTION 2,583
MEDIATION PROGRAM;
(ii) REQUIRE THE PARENT, GUARDIAN, OR OTHER PERSON HAVING 2,586
CARE OF THE CHILD TO PARTICIPATE IN ANY COMMUNITY SERVICE
PROGRAM, PREFERABLY A COMMUNITY SERVICE PROGRAM THAT REQUIRES THE 2,587
INVOLVEMENT OF THE PARENT, GUARDIAN, OR OTHER PERSON HAVING CARE 2,588
OF THE CHILD IN THE SCHOOL ATTENDED BY THE CHILD. 2,589
(25) Make any further disposition that the court finds 2,591
proper, except that the child shall not be placed in any state 2,593
correctional institution, county, multicounty, or municipal jail 2,594
or workhouse, or other place in which an adult convicted of a 2,596
crime, under arrest, or charged with a crime is held.
(B)(1) If a child is adjudicated a delinquent child for 2,599
violating section 2923.32 of the Revised Code, the court, in 2,600
addition to any order of disposition it makes for the child under 2,601
division (A) of this section, shall enter an order of criminal 2,602
forfeiture against the child in accordance with divisions (B)(3), 2,603
(4), (5), and (6) and (C) to (F) of section 2923.32 of the 2,604
Revised Code.
(2) IF A CHILD IS ADJUDICATED A DELINQUENT CHILD FOR BEING 2,606
A CHRONIC TRUANT OR AN HABITUAL TRUANT WHO PREVIOUSLY HAS BEEN 2,608
ADJUDICATED AN UNRULY CHILD FOR BEING AN HABITUAL TRUANT AND THE 2,610
COURT DETERMINES THAT THE PARENT, GUARDIAN, OR OTHER PERSON 2,611
HAVING CARE OF THE CHILD HAS FAILED TO CAUSE THE CHILD'S 2,612
ATTENDANCE AT SCHOOL IN VIOLATION OF SECTION 3321.38 OF THE 2,613
REVISED CODE, IN ADDITION TO ANY ORDER OF DISPOSITION IT MAKES 2,614
UNDER THIS SECTION, THE COURT SHALL WARN THE PARENT, GUARDIAN, OR 2,615
OTHER PERSON HAVING CARE OF THE CHILD THAT ANY SUBSEQUENT 2,616
ADJUDICATION OF THE CHILD AS AN UNRULY OR DELINQUENT CHILD FOR 2,617
62
BEING AN HABITUAL OR CHRONIC TRUANT MAY RESULT IN A CRIMINAL 2,618
CHARGE AGAINST THE PARENT, GUARDIAN, OR OTHER PERSON HAVING CARE 2,619
OF THE CHILD FOR A VIOLATION OF DIVISION (C) OF SECTION 2919.21 2,620
OR SECTION 2919.24 OF THE REVISED CODE. 2,621
(3) If a child is adjudicated a delinquent child for 2,624
committing two or more acts that would be felonies if committed
by an adult and if the court entering the delinquent child 2,625
adjudication orders the commitment of the child, for two or more 2,626
of those acts, to the legal custody of the department of youth 2,627
services for institutionalization or institutionalization in a 2,628
secure facility pursuant to division (A)(4), (5), or (6) of this 2,629
section, the court may order that all of the periods of 2,630
commitment imposed under those divisions for those acts be served 2,632
consecutively in the legal custody of the department of youth 2,633
services and, if applicable, be in addition to and commence 2,634
immediately following the expiration of a period of commitment 2,635
that the court imposes pursuant to division (A)(7) of this 2,636
section. A court shall not commit a delinquent child to the 2,637
legal custody of the department of youth services under division 2,638
(B)(2) of this section for a period that exceeds the child's 2,639
attainment of twenty-one years of age.
(C) If a child is adjudicated a delinquent child for 2,641
committing an act that, if committed by an adult, would be a drug 2,643
abuse offense, as defined in section 2925.01 of the Revised Code, 2,644
or for violating division (B) of section 2917.11 of the Revised 2,645
Code, in addition to imposing in its discretion any other order 2,646
of disposition authorized by this section, the court shall do 2,647
both of the following:
(1) Require the child to participate in a drug abuse or 2,649
alcohol abuse counseling program; 2,650
(2) Suspend or revoke the temporary instruction permit, 2,652
probationary driver's license, or driver's license issued to the 2,654
child for a period of time prescribed by the court or, at the 2,655
discretion of the court, until the child attends and 2,656
63
satisfactorily completes, a drug abuse or alcohol abuse 2,658
education, intervention, or treatment program specified by the 2,659
court. During the time the child is attending the program, the 2,660
court shall retain any temporary instruction permit, probationary 2,661
driver's license, or driver's license issued to the child, and 2,662
the court shall return the permit or license when the child 2,663
satisfactorily completes the program. 2,664
(D) If a child is adjudicated a delinquent child for 2,667
violating section 2923.122 of the Revised Code, the court, in
addition to any order of disposition it makes for the child under 2,669
division (A), (B), or (C) of this section, shall revoke the 2,671
temporary instruction permit and deny the child the issuance of 2,672
another temporary instruction permit in accordance with division 2,673
(F)(1)(b) of section 2923.122 of the Revised Code or shall 2,674
suspend the probationary driver's license, restricted license, or 2,675
nonresident operating privilege of the child or deny the child 2,676
the issuance of a probationary driver's license, restricted 2,677
license, or temporary instruction permit in accordance with 2,678
division (F)(1)(a), (c), (d), or (e) of section 2923.122 of the 2,679
Revised Code. 2,680
(E)(1) At the dispositional hearing and prior to making 2,682
any disposition pursuant to division (A) of this section, the 2,683
court shall determine whether a victim of the delinquent act 2,684
committed by the child was five years of age or younger at the 2,685
time the delinquent act was committed, whether a victim of the 2,686
delinquent act sustained physical harm to the victim's person 2,687
during the commission of or otherwise as a result of the 2,688
delinquent act, whether a victim of the delinquent act was 2,689
sixty-five years of age or older or permanently and totally 2,690
disabled at the time the delinquent act was committed, and 2,691
whether the delinquent act would have been an offense of violence 2,692
if committed by an adult. If the victim was five years of age or 2,693
younger at the time the delinquent act was committed, sustained 2,694
physical harm to the victim's person during the commission of or
64
otherwise as a result of the delinquent act, or was sixty-five 2,695
years of age or older or permanently and totally disabled at the 2,697
time the act was committed, regardless of whether the child knew 2,698
the age of the victim, and if the act would have been an offense 2,699
of violence if committed by an adult, the court shall consider 2,700
those facts in favor of imposing commitment under division 2,701
(A)(3), (4), (5), or (6) of this section, but those facts shall 2,702
not control the court's decision.
(2) At the dispositional hearing and prior to making any 2,704
disposition pursuant to division (A)(4), (5), or (6) of this 2,705
section, the court shall determine whether the delinquent child 2,706
previously has been adjudicated a delinquent child for a 2,707
violation of a law or ordinance. If the delinquent child 2,708
previously has been adjudicated a delinquent child for a 2,709
violation of a law or ordinance, the court, for purposes of
entering an order of disposition for the delinquent child under 2,710
this section, shall consider the previous delinquent child 2,712
adjudication as a conviction of a violation of the law or 2,713
ordinance in determining the degree of offense the current
delinquent act would be had it been committed by an adult. 2,714
(F)(1) When a juvenile court commits a delinquent child to 2,716
the custody of the department of youth services pursuant to this 2,717
section, the court shall not designate the specific institution 2,718
in which the department is to place the child but instead shall 2,720
specify that the child is to be institutionalized or that the 2,721
institutionalization is to be in a secure facility if that is
required by division (A) of this section. 2,722
(2) When a juvenile court commits a delinquent child to 2,724
the custody of the department of youth services, the court shall 2,725
provide the department with the child's medical records, a copy 2,726
of the report of any mental examination of the child ordered by 2,728
the court, the section or sections of the Revised Code violated 2,729
by the child and the degree of the violation, the warrant to 2,730
convey the child to the department, a copy of the court's journal 2,731
65
entry ordering the commitment of the child to the legal custody 2,732
of the department, a copy of the arrest record pertaining to the 2,733
act for which the child was adjudicated a delinquent child, a 2,734
copy of any victim impact statement pertaining to the act, and 2,735
any other information concerning the child that the department 2,736
reasonably requests. The court also shall complete the form for 2,737
the standard disposition investigation report that is developed 2,739
and furnished by the department of youth services pursuant to 2,740
section 5139.04 of the Revised Code and provide the department
with the completed form. The department may refuse to accept 2,741
physical custody of a delinquent child who is committed to the 2,743
legal custody of the department until the court provides to the 2,744
department the documents specified in division (F)(2) of this 2,745
section. No officer or employee of the department who refuses to 2,746
accept physical custody of a delinquent child who is committed to 2,747
the legal custody of the department shall be subject to
prosecution or contempt of court for the refusal if the court 2,748
fails to provide the documents specified in division (F)(2) of 2,749
this section at the time the court transfers the physical custody 2,750
of the child to the department. 2,751
(3) Within twenty working days after the department of 2,753
youth services receives physical custody of a delinquent child 2,754
from a juvenile court, the court shall provide the department 2,755
with a certified copy of the child's birth certificate or the 2,757
child's social security number, or, if the court made all
reasonable efforts to obtain the information but was 2,758
unsuccessful, the court shall provide the department with 2,759
documentation of the efforts it made to obtain the information. 2,760
(4) When a juvenile court commits a delinquent child to 2,762
the custody of the department of youth services, the court shall 2,763
give notice to the school attended by the child of the child's 2,764
commitment by sending to that school a copy of the court's 2,765
journal entry ordering the commitment. As soon as possible after 2,766
receipt of the notice described in this division, the school 2,767
66
shall provide the department with the child's school transcript. 2,768
However, the department shall not refuse to accept a child 2,769
committed to it, and a child committed to it shall not be held in 2,770
a county or district detention home, because of a school's 2,771
failure to provide the school transcript that it is required to 2,772
provide under division (F)(4) of this section. 2,773
(5) The department of youth services shall provide the 2,775
court and the school with an updated copy of the child's school 2,776
transcript and shall provide the court with a summary of the 2,777
institutional record of the child when it releases the child from 2,778
institutional care. The department also shall provide the court 2,779
with a copy of any portion of the child's institutional record 2,780
that the court specifically requests within five working days of 2,781
the request.
(6) When a juvenile court commits a delinquent child to 2,783
the custody of the department of youth services pursuant to 2,784
division (A)(4) or (5) of this section, the court shall state in 2,785
the order of commitment the total number of days that the child 2,786
has been held, as of the date of the issuance of the order, in 2,787
detention in connection with the delinquent child complaint upon 2,788
which the order of commitment is based. The department shall 2,790
reduce the minimum period of institutionalization or minimum 2,791
period of institutionalization in a secure facility specified in 2,792
division (A)(4) or (5) of this section by both the total number 2,793
of days that the child has been so held in detention as stated by 2,794
the court in the order of commitment and the total number of any 2,795
additional days that the child has been held in detention 2,796
subsequent to the order of commitment but prior to the transfer 2,797
of physical custody of the child to the department.
(G)(1) At any hearing at which a child is adjudicated a 2,800
delinquent child or as soon as possible after the hearing, the
court shall notify all victims of the delinquent act, who may be 2,801
entitled to a recovery under any of the following sections, of 2,802
the right of the victims to recover, pursuant to section 3109.09 2,803
67
of the Revised Code, compensatory damages from the child's 2,804
parents; of the right of the victims to recover, pursuant to 2,805
section 3109.10 of the Revised Code, compensatory damages from 2,806
the child's parents for willful and malicious assaults committed 2,807
by the child; and of the right of the victims to recover an award 2,808
of reparations pursuant to sections 2743.51 to 2743.72 of the 2,809
Revised Code. 2,810
(2) If a child is adjudicated a delinquent child for 2,813
committing an act that, if committed by an adult, would be 2,814
aggravated murder, murder, rape, felonious sexual penetration in
violation of former section 2907.12 of the Revised Code, 2,815
involuntary manslaughter, a felony of the first or second degree 2,817
resulting in the death of or physical harm to a person, 2,818
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 2,819
or was substantially equivalent to any of those offenses and if 2,820
the court in its order of disposition for that act commits the 2,821
child to the custody of the department of youth services, the 2,822
court may make a specific finding that the adjudication should be 2,823
considered a conviction for purposes of a determination in the 2,824
future, pursuant to Chapter 2929. of the Revised Code, as to 2,825
whether the child is a repeat violent offender as defined in 2,826
section 2929.01 of the Revised Code. If the court makes a 2,827
specific finding as described in this division, it shall include 2,828
the specific finding in its order of disposition and in the 2,829
record in the case.
(H)(1) If a child is adjudicated a delinquent child for 2,831
committing an act that would be a felony or offense of violence 2,832
if committed by an adult, the court, prior to issuing an order of 2,834
disposition under this section, shall order the preparation of a 2,835
victim impact statement by the probation department of the county 2,836
in which the victim of the act resides, by the court's own 2,837
probation department, or by a victim assistance program that is 2,838
operated by the state, a county, a municipal corporation, or 2,839
68
another governmental entity. The court shall consider the victim 2,840
impact statement in determining the order of disposition to issue 2,841
for the child. 2,842
(2) Each victim impact statement shall identify the victim 2,844
of the act for which the child was adjudicated a delinquent 2,845
child, itemize any economic loss suffered by the victim as a 2,846
result of the act, identify any physical injury suffered by the 2,847
victim as a result of the act and the seriousness and permanence 2,848
of the injury, identify any change in the victim's personal 2,849
welfare or familial relationships as a result of the act and any 2,850
psychological impact experienced by the victim or the victim's 2,851
family as a result of the act, and contain any other information 2,852
related to the impact of the act upon the victim that the court 2,853
requires. 2,854
(3) A victim impact statement shall be kept confidential 2,856
and is not a public record, as defined in section 149.43 of the 2,857
Revised Code. However, the court may furnish copies of the 2,858
statement to the department of youth services pursuant to 2,859
division (F)(3) of this section or to both the adjudicated 2,860
delinquent child or the adjudicated delinquent child's counsel 2,861
and the prosecuting attorney. The copy of a victim impact 2,863
statement furnished by the court to the department pursuant to 2,864
division (F)(3) of this section shall be kept confidential and is 2,865
not a public record, as defined in section 149.43 of the Revised 2,866
Code. The copies of a victim impact statement that are made 2,867
available to the adjudicated delinquent child or the adjudicated 2,868
delinquent child's counsel and the prosecuting attorney pursuant 2,870
to division (H)(3) of this section shall be returned to the court 2,873
by the person to whom they were made available immediately 2,874
following the imposition of an order of disposition for the child 2,875
under this section.
(I)(1) As used in division (I)(2) of this section, "felony 2,877
drug abuse offense" has the same meaning as in section 2925.01 of 2,878
the Revised Code. 2,879
69
(2) Sections 2925.41 to 2925.45 of the Revised Code apply 2,881
to children who are adjudicated or could be adjudicated by a 2,882
juvenile court to be delinquent children for an act that, if 2,883
committed by an adult, would be a felony drug abuse offense. 2,884
Subject to division (B) of section 2925.42 and division (E) of 2,885
section 2925.43 of the Revised Code, a delinquent child of that 2,886
nature loses any right to the possession of, and forfeits to the 2,887
state any right, title, and interest that the delinquent child 2,888
may have in, property as defined in section 2925.41 and further 2,889
described in section 2925.42 or 2925.43 of the Revised Code. 2,890
(3)(2) Sections 2923.44 to 2923.47 of the Revised Code 2,893
apply to children who are adjudicated or could be adjudicated by
a juvenile court to be delinquent children for an act in 2,895
violation of section 2923.42 of the Revised Code. Subject to 2,896
division (B) of section 2923.44 and division (E) of section 2,897
2923.45 of the Revised Code, a delinquent child of that nature 2,898
loses any right to the possession of, and forfeits to the state 2,899
any right, title, and interest that the delinquent child may have 2,900
in, property as defined in section 2923.41 of the Revised Code 2,901
and further described in section 2923.44 or 2923.45 of the 2,902
Revised Code.
(J)(1) As used in this section: 2,904
(a) "Electronic monitoring device," "certified electronic 2,906
monitoring device," "electronic monitoring system," and 2,907
"certified electronic monitoring system" have the same meanings 2,908
as in section 2929.23 of the Revised Code. 2,909
(b) "Electronically monitored house detention" means a 2,911
period of confinement of a child in the child's home or in other 2,912
premises specified by the court, during which period of 2,914
confinement all of the following apply: 2,915
(i) The child wears, otherwise has attached to the child's 2,917
person, or otherwise is subject to monitoring by a certified 2,918
electronic monitoring device or is subject to monitoring by a 2,919
certified electronic monitoring system. 2,920
70
(ii) The child is required to remain in the child's home 2,922
or other premises specified by the court for the specified period 2,923
of confinement, except for periods of time during which the child 2,924
is at school or at other premises as authorized by the court. 2,925
(iii) The child is subject to monitoring by a central 2,927
system that monitors the certified electronic monitoring device 2,928
that is attached to the child's person or that otherwise is being 2,929
used to monitor the child and that can monitor and determine the 2,931
child's location at any time or at a designated point in time, or 2,932
the child is required to participate in monitoring by a certified 2,934
electronic monitoring system. 2,935
(iv) The child is required by the court to report 2,937
periodically to a person designated by the court. 2,938
(v) The child is subject to any other restrictions and 2,940
requirements that may be imposed by the court. 2,941
(2) A juvenile court, pursuant to division (A)(10)(11) of 2,944
this section, may impose a period of electronically monitored 2,945
house detention upon a child who is adjudicated a delinquent 2,946
child for committing an act that, if committed by an adult, would 2,947
be a criminal offense that would qualify the adult as an eligible 2,948
offender pursuant to division (A)(3) of section 2929.23 of the 2,949
Revised Code. The court may impose a period of electronically 2,950
monitored house detention in addition to or in lieu of any other 2,951
dispositional order imposed upon the child, except that any 2,952
period of electronically monitored house detention shall not 2,953
extend beyond the child's eighteenth birthday. If a court 2,954
imposes a period of electronically monitored house detention upon 2,955
a child, it shall require the child to wear, otherwise have 2,956
attached to the child's person, or otherwise be subject to 2,957
monitoring by a certified electronic monitoring device or to 2,959
participate in the operation of and monitoring by a certified 2,960
electronic monitoring system; to remain in the child's home or 2,961
other specified premises for the entire period of electronically 2,963
monitored house detention except when the court permits the child 2,964
71
to leave those premises to go to school or to other specified 2,965
premises; to be monitored by a central system that monitors the 2,966
certified electronic monitoring device that is attached to the 2,967
child's person or that otherwise is being used to monitor the 2,968
child and that can monitor and determine the child's location at 2,969
any time or at a designated point in time or to be monitored by 2,970
the certified electronic monitoring system; to report 2,971
periodically to a person designated by the court; and, in return 2,972
for receiving a dispositional order of electronically monitored 2,973
house detention, to enter into a written contract with the court 2,974
agreeing to comply with all restrictions and requirements imposed 2,975
by the court, agreeing to pay any fee imposed by the court for 2,976
the costs of the electronically monitored house detention imposed 2,977
by the court pursuant to division (E) of section 2929.23 of the 2,978
Revised Code, and agreeing to waive the right to receive credit 2,979
for any time served on electronically monitored house detention 2,980
toward the period of any other dispositional order imposed upon 2,981
the child for the act for which the dispositional order of 2,982
electronically monitored house detention was imposed if the child 2,983
violates any of the restrictions or requirements of the 2,984
dispositional order of electronically monitored house detention. 2,985
The court also may impose other reasonable restrictions and 2,986
requirements upon the child.
(3)(2) If a child violates any of the restrictions or 2,988
requirements imposed upon the child as part of the child's 2,989
dispositional order of electronically monitored house detention, 2,990
the child shall not receive credit for any time served on 2,991
electronically monitored house detention toward any other 2,992
dispositional order imposed upon the child for the act for which 2,993
the dispositional order of electronically monitored house 2,995
detention was imposed.
(K)(1) Within ten days after completion of the 2,997
adjudication, the court shall give written notice of an 2,998
adjudication that a child is a delinquent child to the 2,999
72
superintendent of a city, local, exempted village, or joint 3,000
vocational school district, AND TO THE PRINCIPAL OF THE SCHOOL 3,001
THE CHILD ATTENDS, if the basis of the adjudication was the 3,002
commission of an act that would be a criminal offense if 3,003
committed by an adult and that, IF THE ACT was committed by the 3,005
delinquent child when the child was sixteen FOURTEEN years of age 3,007
or older, and if the act is any of the following:
(1) A violation of section 2923.122 of the Revised Code 3,009
that relates to property owned or controlled by, or to an 3,010
activity held under the auspices of, the board of education of 3,011
that school district (a) AN ACT THAT WOULD BE A FELONY OR AN 3,013
OFFENSE OF VIOLENCE IF COMMITTED BY AN ADULT, AN ACT IN THE 3,014
COMMISSION OF WHICH THE CHILD USED OR BRANDISHED A FIREARM, OR AN 3,015
ACT THAT IS A VIOLATION OF SECTION 2907.04, 2907.06, 2907.07, 3,016
2907.08, 2907.09, 2907.24, OR 2907.241 OF THE REVISED CODE AND
THAT WOULD BE A MISDEMEANOR IF COMMITTED BY AN ADULT; 3,017
(2)(b) A violation of section 2923.12 of the Revised Code 3,019
or of a substantially similar municipal ordinance THAT WOULD BE A 3,021
MISDEMEANOR IF COMMITTED BY AN ADULT AND that was committed on 3,023
property owned or controlled by, or at an activity held under the
auspices of, the board of education of that school district; 3,024
(3)(c) A violation of division (A) of section 2925.03 or 3,026
2925.11 of the Revised Code THAT WOULD BE A MISDEMEANOR IF 3,028
COMMITTED BY AN ADULT, that was committed on property owned or 3,029
controlled by, or at an activity held under the auspices of, the 3,030
board of education of that school district, and that is not a 3,031
minor drug possession offense as defined in section 2925.01 of 3,033
the Revised Code;
(4) A violation of section 2903.01, 2903.02, 2903.03, 3,035
2903.04, 2903.11, 2903.12, 2907.02, or 2907.05 of the Revised 3,037
Code, or a violation of former section 2907.12 of the Revised
Code, that was committed on property owned or controlled by, or 3,038
at an activity held under the auspices of, the board of education 3,039
of that school district, if the victim at the time of the 3,041
73
commission of the act was an employee of the board of education 3,042
of that school district;
(5)(d) Complicity in any violation described in division 3,044
(K)(1), (2), (3), or (4)(a) OF THIS SECTION, OR COMPLICITY IN ANY 3,046
VIOLATION DESCRIBED IN DIVISION (K)(1)(b) OR (c) of this section 3,047
that was alleged to have been committed in the manner described 3,049
in division (K)(1), (2), (3),(b) or (4)(c) of this section, AND 3,050
regardless of whether the act of complicity was committed on 3,053
property owned or controlled by, or at an activity held under the 3,054
auspices of, the board of education of that school district. 3,055
(2) THE NOTICE GIVEN PURSUANT TO DIVISION (K)(1) OF THIS 3,057
SECTION SHALL INCLUDE THE NAME OF THE CHILD WHO WAS ADJUDICATED 3,058
TO BE A DELINQUENT CHILD, THE CHILD'S AGE AT THE TIME THE CHILD 3,059
COMMITTED THE ACT THAT WAS THE BASIS OF THE ADJUDICATION, AND 3,060
IDENTIFICATION OF THE VIOLATION OF THE LAW OR ORDINANCE THAT WAS 3,061
THE BASIS OF THE ADJUDICATION.
(L) During the period of a delinquent child's probation 3,063
granted under division (A)(2) of this section, authorized 3,066
probation officers who are engaged within the scope of their 3,067
supervisory duties or responsibilities may search, with or 3,068
without a warrant, the person of the delinquent child, the place
of residence of the delinquent child, and a motor vehicle, 3,069
another item of tangible or intangible personal property, or 3,070
other real property in which the delinquent child has a right, 3,071
title, or interest or for which the delinquent child has the 3,072
express or implied permission of a person with a right, title, or 3,073
interest to use, occupy, or possess if the probation officers 3,074
have reasonable grounds to believe that the delinquent child is 3,075
not abiding by the law or otherwise is not complying with the 3,076
conditions of the delinquent child's probation. The court that 3,077
places a delinquent child on probation under division (A)(2) of 3,078
this section shall provide the delinquent child with a written 3,079
notice that informs the delinquent child that authorized 3,080
probation officers who are engaged within the scope of their 3,081
74
supervisory duties or responsibilities may conduct those types of 3,083
searches during the period of probation if they have reasonable
grounds to believe that the delinquent child is not abiding by 3,084
the law or otherwise is not complying with the conditions of the 3,085
delinquent child's probation. The court also shall provide the 3,086
written notice described in division (C)(2)(b) of section 3,087
2151.411 of the Revised Code to each parent, guardian, or
custodian of the delinquent child who is described in division 3,088
(C)(2)(a) of that section. 3,089
(M) AS USED IN THIS SECTION: 3,091
(1) "CERTIFIED ELECTRONIC MONITORING DEVICE," "CERTIFIED 3,093
ELECTRONIC MONITORING SYSTEM," "ELECTRONIC MONITORING DEVICE," 3,094
AND "ELECTRONIC MONITORING SYSTEM" HAVE THE SAME MEANINGS AS IN 3,095
SECTION 2929.23 OF THE REVISED CODE.
(2) "ELECTRONICALLY MONITORED HOUSE DETENTION" MEANS A 3,097
PERIOD OF CONFINEMENT OF A CHILD IN THE CHILD'S HOME OR IN OTHER 3,098
PREMISES SPECIFIED BY THE COURT, DURING WHICH PERIOD OF 3,100
CONFINEMENT ALL OF THE FOLLOWING APPLY: 3,101
(a) THE CHILD WEARS, OTHERWISE HAS ATTACHED TO THE CHILD'S 3,103
PERSON, OR OTHERWISE IS SUBJECT TO MONITORING BY A CERTIFIED 3,104
ELECTRONIC MONITORING DEVICE OR IS SUBJECT TO MONITORING BY A 3,105
CERTIFIED ELECTRONIC MONITORING SYSTEM. 3,106
(b) THE CHILD IS REQUIRED TO REMAIN IN THE CHILD'S HOME OR 3,108
OTHER PREMISES SPECIFIED BY THE COURT FOR THE SPECIFIED PERIOD OF 3,109
CONFINEMENT, EXCEPT FOR PERIODS OF TIME DURING WHICH THE CHILD IS 3,110
AT SCHOOL OR AT OTHER PREMISES AS AUTHORIZED BY THE COURT. 3,111
(c) THE CHILD IS SUBJECT TO MONITORING BY A CENTRAL SYSTEM 3,114
THAT MONITORS THE CERTIFIED ELECTRONIC MONITORING DEVICE THAT IS 3,115
ATTACHED TO THE CHILD'S PERSON OR THAT OTHERWISE IS BEING USED TO 3,116
MONITOR THE CHILD AND THAT CAN MONITOR AND DETERMINE THE CHILD'S 3,117
LOCATION AT ANY TIME OR AT A DESIGNATED POINT IN TIME, OR THE 3,118
CHILD IS REQUIRED TO PARTICIPATE IN MONITORING BY A CERTIFIED 3,119
ELECTRONIC MONITORING SYSTEM. 3,120
(d) THE CHILD IS REQUIRED BY THE COURT TO REPORT 3,122
75
PERIODICALLY TO A PERSON DESIGNATED BY THE COURT. 3,123
(e) THE CHILD IS SUBJECT TO ANY OTHER RESTRICTIONS AND 3,125
REQUIREMENTS THAT MAY BE IMPOSED BY THE COURT. 3,126
(3) "FELONY DRUG ABUSE OFFENSE" AND "MINOR DRUG POSSESSION 3,128
OFFENSE" HAVE THE SAME MEANINGS AS IN SECTION 2925.01 OF THE 3,129
REVISED CODE.
(4) "FIREARM" HAS THE SAME MEANING AS IN SECTION 2923.11 3,131
OF THE REVISED CODE.
(5) "SEXUALLY ORIENTED OFFENSE" HAS THE SAME MEANING AS IN 3,133
SECTION 2950.01 OF THE REVISED CODE. 3,134
(6) "THEFT OFFENSE" HAS THE SAME MEANING AS IN SECTION 3,136
2913.01 OF THE REVISED CODE.
Sec. 2151.356. (A) Unless division (C) of this section 3,145
applies, if a child is adjudicated a juvenile traffic offender, 3,146
the court may make any of the following orders of disposition: 3,147
(1) Impose a fine and costs in accordance with the 3,149
schedule set forth in section 2151.3512 of the Revised Code; 3,150
(2) Suspend the child's driver's license, probationary 3,152
driver's license, or temporary instruction permit or the 3,154
registration of all motor vehicles registered in the name of the 3,155
child for the period that the court prescribes. A child whose 3,156
license or permit is so suspended is ineligible for issuance of a 3,157
license or permit during the period of suspension. At the end of 3,158
the period of suspension, the child shall not be reissued a 3,159
license or permit until the child has paid any applicable 3,161
reinstatement fee and complied with all requirements governing 3,162
license reinstatement.
(3) Revoke the child's driver's license, probationary 3,164
driver's license, or temporary instruction permit or the 3,165
registration of all motor vehicles registered in the name of the 3,167
child. A child whose license or permit is so revoked is 3,168
ineligible for issuance of a license or permit during the period 3,169
of revocation. At the end of the period of revocation, the child 3,170
shall not be reissued a license or permit until the child has 3,172
76
paid any applicable reinstatement fee and complied with all
requirements governing license reinstatement. 3,173
(4) Place the child on probation; 3,175
(5) Require the child to make restitution for all damages 3,177
caused by the child's traffic violation or any part of the 3,178
damages; 3,179
(6) If the child is adjudicated a juvenile traffic 3,181
offender for committing a violation of division (A) of section 3,183
4511.19 of the Revised Code or of a municipal ordinance that is 3,184
substantially comparable to that division, commit the child, for 3,185
not longer than five days, to the temporary custody of a 3,186
detention home or district detention home established under
section 2151.34 of the Revised Code, or to the temporary custody 3,187
of any school, camp, institution, or other facility for children 3,188
operated in whole or in part for the care of juvenile traffic 3,190
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 3,191
private agency or organization within the state that is 3,192
authorized and qualified to provide the care, treatment, or 3,193
placement required. If an order of disposition committing a 3,194
child to the temporary custody of a home, school, camp, 3,195
institution, or other facility of that nature is made under 3,196
division (A)(6) of this section, the length of the commitment
shall not be reduced or diminished as a credit for any time that 3,197
the child was held in a place of detention or shelter care, or 3,198
otherwise was detained, prior to entry of the order of 3,199
disposition.
(7) If, after making a disposition under divisions (A)(1) 3,201
to (6) of this section, the court finds upon further hearing that 3,202
the child has failed to comply with the orders of the court and 3,203
the child's operation of a motor vehicle constitutes the child a 3,205
danger to the child and to others, the court may make any 3,206
disposition authorized by divisions (A)(1), (A)(2), (A)(7)(10) to 3,207
(A)(10)(11), and (A)(21)(22) of section 2151.355 of the Revised 3,209
77
Code, except that the child may not be committed to or placed in 3,210
a secure correctional facility unless authorized by division 3,211
(A)(6) of this section, and commitment to or placement in a 3,212
detention home may not exceed twenty-four hours.
(B) If a child is adjudicated a juvenile traffic offender 3,214
for violating division (A) of section 4511.19 of the Revised 3,216
Code, the court shall suspend or revoke the temporary instruction 3,217
permit, probationary driver's license, or driver's license issued 3,219
to the child for a period of time prescribed by the court or, at 3,220
the discretion of the court, until the child attends and 3,221
satisfactorily completes a drug abuse or alcohol abuse education, 3,222
intervention, or treatment program specified by the court.
During the time the child is attending the program, the court 3,223
shall retain any temporary instruction permit, probationary 3,224
driver's license, or driver's license issued to the child and 3,225
shall return the permit or license when the child satisfactorily 3,227
completes the program. If a child is adjudicated a juvenile 3,228
traffic offender for violating division (B) of section 4511.19 of 3,229
the Revised Code, the court shall suspend the temporary 3,230
instruction permit, probationary driver's license, or driver's 3,231
license issued to the child for a period of not less than sixty 3,233
days nor more than two years.
(C) If a child is adjudicated a juvenile traffic offender 3,235
for violating division (B)(1) or (2) of section 4513.263 of the 3,237
Revised Code, the court shall impose the appropriate fine set
forth in section 4513.99 of the Revised Code. If a child is 3,238
adjudicated a juvenile traffic offender for violating division 3,240
(B)(3) of section 4513.263 of the Revised Code and if the child 3,242
is sixteen years of age or older, the court shall impose the fine 3,243
set forth in division (G) of section 4513.99 of the Revised Code. 3,244
If a child is adjudicated a juvenile traffic offender for 3,245
violating division (B)(3) of section 4513.263 of the Revised Code 3,246
and if the child is under sixteen years of age, the court shall 3,247
not impose a fine but may place the child on probation. 3,248
78
(D) A juvenile traffic offender is subject to sections 3,250
4509.01 to 4509.78 of the Revised Code. 3,251
Sec. 2151.358. (A) As used in this section, "seal a 3,260
record" means to remove a record from the main file of similar 3,261
records and to secure it in a separate file that contains only 3,262
sealed records and that is accessible only to the juvenile court. 3,263
A record that is sealed shall be destroyed by all persons and 3,264
governmental bodies except the juvenile court. 3,265
(B) The department of youth services and any other 3,267
institution or facility that unconditionally discharges a person 3,268
who has been adjudicated a delinquent child, an unruly child, or 3,270
a juvenile traffic offender shall immediately give notice of the 3,271
discharge to the court that committed the person. The court 3,272
shall note the date of discharge on a separate record of 3,273
discharges of those natures.
(C)(1)(a) Two years after the termination of any order 3,275
made by the court or two years after the unconditional discharge 3,276
of a person from the department of youth services or another 3,277
institution or facility to which the person may have been 3,279
committed, the court that issued the order or committed the 3,280
person shall do one WHICHEVER of the following IS APPLICABLE: 3,281
(a)(i) If the person was adjudicated an unruly child, 3,283
order the record of the person sealed; 3,284
(b)(ii) If the person was adjudicated a delinquent child 3,286
FOR COMMITTING AN ACT OTHER THAN A VIOLATION OF SECTION 2903.01, 3,288
2903.02, 2907.02, 2907.03, OR 2907.05 OF THE REVISED CODE or WAS
ADJUDICATED a juvenile traffic offender, either order the record 3,290
of the person sealed or send the person notice of the person's 3,291
right to have the that record sealed. 3,292
(b) DIVISION (C)(1)(a) OF THIS SECTION DOES NOT APPLY 3,295
REGARDING A PERSON WHO WAS ADJUDICATED A DELINQUENT CHILD FOR
COMMITTING A VIOLATION OF SECTION 2903.01, 2903.02, 2907.02, 3,297
2907.03, OR 2907.05 OF THE REVISED CODE.
(2) The court shall send the notice described in division 3,299
79
(C)(1)(b)(a)(ii) of this section within ninety days after the 3,301
expiration of the two-year period described in division (C)(1)(a)
of this section by certified mail, return receipt requested, to 3,303
the the person's last known address. The notice shall state that 3,304
the person may apply to the court for an order to seal the 3,305
person's record, explain what sealing a record means, and explain 3,306
the possible consequences of not having the person's record 3,307
sealed.
(D)(1) At any time after the two-year period described in 3,309
division (C)(1)(a) of this section has elapsed, any person who 3,311
has been adjudicated a delinquent child FOR COMMITTING AN ACT 3,312
OTHER THAN A VIOLATION OF SECTION 2903.01, 2903.02, 2907.02, 3,313
2907.03, OR 2907.05 OF THE REVISED CODE or WHO HAS BEEN
ADJUDICATED a juvenile traffic offender may apply to the court 3,315
for an order to seal the person's record. The court shall hold a 3,317
hearing on each application within sixty days after the 3,318
application is received. Notice of the hearing on the
application shall be given to the prosecuting attorney and to any 3,319
other public office or agency known to have a record of the prior 3,320
adjudication. If the court finds that the rehabilitation of the 3,321
person who was adjudicated a delinquent child or a juvenile 3,322
traffic offender has been attained to a satisfactory degree, the 3,324
court may order the record of the person sealed. 3,325
(2) DIVISION (D)(1) OF THIS SECTION DOES NOT APPLY 3,327
REGARDING A PERSON WHO WAS ADJUDICATED A DELINQUENT CHILD FOR 3,328
COMMITTING A VIOLATION OF SECTION 2903.01, 2903.02, 2907.02, 3,329
2907.03, OR 2907.05 OF THE REVISED CODE.
(E)(1) If the court orders the adjudication record of a 3,331
person sealed pursuant to division (C) or (D) of this section, 3,332
the court, EXCEPT AS PROVIDED IN DIVISION (K) OF THIS SECTION, 3,334
shall order that the proceedings in the case in which the person 3,335
was adjudicated a juvenile traffic offender, a delinquent child, 3,336
or an unruly child be deemed never to have occurred. All EXCEPT 3,337
AS PROVIDED IN DIVISION (G)(2) OF THIS SECTION, ALL index 3,338
80
references to the case and the person shall be deleted, and the 3,339
person and the court properly may reply that no record exists 3,340
with respect to the person upon any inquiry in the matter. 3,342
Inspection
(2) INSPECTION of records that have been ordered sealed 3,345
UNDER DIVISION (E)(1) OF THIS SECTION may be permitted by the 3,346
court only upon MADE ONLY BY THE FOLLOWING PERSONS OR FOR THE 3,347
FOLLOWING PURPOSES:
(a) IF THE RECORDS IN QUESTION PERTAIN TO AN ACT THAT 3,349
WOULD BE AN OFFENSE OF VIOLENCE THAT WOULD BE A FELONY IF 3,350
COMMITTED BY AN ADULT, BY ANY LAW ENFORCEMENT OFFICER OR ANY 3,351
PROSECUTOR, OR THE ASSISTANTS OF A LAW ENFORCEMENT OFFICER OR 3,352
PROSECUTOR, FOR ANY VALID LAW ENFORCEMENT OR PROSECUTORIAL 3,353
PURPOSE;
(b) UPON application by the person who is the subject of 3,356
the sealed records and only, by the persons that are named in the 3,357
that application. 3,359
(F) Any person who has been arrested and charged with 3,361
being a delinquent child or a juvenile traffic offender and who 3,362
is adjudicated not guilty of the charges in the case or has the 3,364
charges in the case dismissed may apply to the court for an 3,365
expungement of the record in the case. The application may be 3,367
filed at any time after the person is adjudicated not guilty or
the charges against the person are dismissed. The court shall 3,368
give notice to the prosecuting attorney of any hearing on the 3,369
application. The court may initiate the expungement proceedings 3,370
on its own motion. 3,371
Any person who has been arrested and charged with being an 3,373
UNRULY CHILD and who is adjudicated not guilty of the charges in 3,375
the case or has the charges in the case dismissed may apply to 3,376
the court for an expungement of the record in the case. The 3,377
court shall initiate the expungement proceedings on its own 3,379
motion if an application for expungement is not filed.
If the court upon receipt of an application for expungement 3,381
81
or upon its own motion determines that the charges against any 3,382
person in any case were dismissed or that any person was 3,383
adjudicated not guilty in any case, the court shall order that 3,384
the records of the case be expunged and that the proceedings in 3,385
the case be deemed never to have occurred. If the applicant for 3,386
the expungement order, with the written consent of the 3,387
applicant's parents or guardian if the applicant is a minor and 3,389
with the written approval of the court, waives in writing the 3,391
applicant's right to bring any civil action based on the arrest 3,393
for which the expungement order is applied, the court shall order 3,394
the appropriate persons and governmental agencies to delete all 3,395
index references to the case; destroy or delete all court records 3,396
of the case; destroy all copies of any pictures and fingerprints 3,397
taken of the person pursuant to the expunged arrest; and destroy, 3,398
erase, or delete any reference to the arrest that is maintained 3,399
by the state or any political subdivision of the state, except a 3,400
record of the arrest that is maintained for compiling statistical 3,401
data and that does not contain any reference to the person. 3,402
If the applicant for an expungement order does not waive in 3,404
writing the right to bring any civil action based on the arrest 3,405
for which the expungement order is applied, the court, in 3,406
addition to ordering the deletion, destruction, or erasure of all 3,407
index references and court records of the case and of all 3,408
references to the arrest that are maintained by the state or any 3,409
political subdivision of the state, shall order that a copy of 3,410
all records of the case, except fingerprints held by the court or 3,411
a law enforcement agency, be delivered to the court. The court 3,412
shall seal all of the records delivered to the court in a 3,413
separate file in which only sealed records are maintained. The 3,414
sealed records shall be kept by the court until the statute of 3,415
limitations expires for any civil action based on the arrest, any 3,416
pending litigation based on the arrest is terminated, or the 3,417
applicant files a written waiver of the right to bring a civil 3,418
action based on the arrest. After the expiration of the statute 3,419
82
of limitations, the termination of the pending litigation, or the 3,420
filing of the waiver, the court shall destroy the sealed records. 3,421
After the expungement order has been issued, the court 3,423
shall, and the person may properly, reply that no record of the 3,424
case with respect to the person exists. 3,425
(G)(1) The court shall send notice of the order to expunge 3,427
or seal to any public office or agency that the court has reason 3,428
to believe may have a record of the expunged or sealed record. 3,429
Except as provided in division (K) of this section, an order to 3,430
seal or expunge under this section applies to every public office 3,431
or agency that has a record of the prior adjudication or arrest, 3,432
regardless of whether it receives notice of the hearing on the 3,433
expungement or sealing of the record or a copy of the order to 3,434
expunge or seal the record. Except as provided in division (K) 3,435
of this section, upon the written request of a person whose 3,436
record has been expunged or sealed and the presentation of a copy 3,437
of the order to expunge or seal, a public office or agency shall 3,438
destroy its record of the prior adjudication or arrest, except a 3,439
record of the adjudication or arrest that is maintained for 3,440
compiling statistical data and that does not contain any 3,441
reference to the person who is the subject of the order to 3,442
expunge or seal. 3,443
(2) THE PERSON, OR THE PUBLIC OFFICE OR AGENCY, THAT 3,445
MAINTAINS SEALED RECORDS PERTAINING TO AN ADJUDICATION OF A CHILD 3,446
AS A DELINQUENT CHILD MAY MAINTAIN A MANUAL OR COMPUTERIZED INDEX 3,448
TO THE SEALED RECORDS. THE INDEX SHALL CONTAIN ONLY THE NAME OF,
AND ALPHANUMERIC IDENTIFIERS THAT RELATE TO, THE PERSONS WHO ARE 3,450
THE SUBJECT OF THE SEALED RECORDS, THE WORD "SEALED," AND THE 3,451
NAME OF THE PERSON, OR THE PUBLIC OFFICE OR AGENCY THAT HAS 3,452
CUSTODY OF THE SEALED RECORDS AND SHALL NOT CONTAIN THE NAME OF 3,453
THE DELINQUENT ACT COMMITTED. THE PERSON WHO HAS CUSTODY OF THE 3,454
SEALED RECORDS SHALL MAKE THE INDEX AVAILABLE ONLY FOR THE
PURPOSES SET FORTH IN DIVISIONS (E)(2) AND (H) OF THIS SECTION. 3,456
(H) The judgment rendered by the court under this chapter 3,458
83
shall not impose any of the civil disabilities ordinarily imposed 3,459
by conviction of a crime in that the child is not a criminal by 3,460
reason of the adjudication. No child and no CHILD shall be 3,462
charged with or convicted of a crime in any court except as 3,463
provided by this chapter. The disposition of a child under the 3,464
judgment rendered or any evidence given in court shall not 3,465
operate to disqualify a child in any future civil service 3,466
examination, appointment, or application. Evidence of a judgment 3,467
rendered and the disposition of a child under the judgment is not 3,468
admissible to impeach the credibility of the child in any action 3,470
or proceeding. Otherwise, the disposition of a child under the 3,471
judgment rendered or any evidence given in court is admissible as 3,472
evidence for or against the child in any action or proceeding in 3,473
any court in accordance with the Rules of Evidence and also may 3,474
be considered by any court as to the matter of sentence or to the 3,475
granting of probation, and a court may consider the judgment 3,476
rendered and the disposition of a child under that judgment for 3,477
purposes of determining whether the child, for a future criminal 3,478
conviction or guilty plea, is a repeat violent offender, as 3,479
defined in section 2929.01 of the Revised Code.
(I) In any application for employment, license, or other 3,481
right or privilege, any appearance as a witness, or any other 3,482
inquiry, a person may not be questioned with respect to any 3,483
arrest for which the records were expunged. If an inquiry is 3,484
made in violation of this division, the person may respond as if 3,485
the expunged arrest did not occur, and the person shall not be 3,486
subject to any adverse action because of the arrest or the 3,487
response. 3,488
(J) An officer or employee of the state or any of its 3,490
political subdivisions who knowingly releases, disseminates, or 3,491
makes available for any purpose involving employment, bonding, 3,492
licensing, or education to any person or to any department, 3,493
agency, or other instrumentality of the state or of any of its 3,494
political subdivisions any information or other data concerning 3,495
84
any arrest, complaint, trial, hearing, adjudication, or 3,496
correctional supervision, the records of which have been expunged 3,497
or sealed pursuant to this section AND THE RELEASE, 3,498
DISSEMINATION, OR MAKING AVAILABLE OF WHICH IS NOT EXPRESSLY 3,499
PERMITTED BY THIS SECTION, is guilty of divulging confidential 3,501
information, a misdemeanor of the fourth degree.
(K) Notwithstanding any provision of this section that 3,503
requires otherwise, a board of education of a city, local, 3,504
exempted village, or joint vocational school district that 3,505
maintains records of an individual who has been permanently 3,506
excluded under sections 3301.121 and 3313.662 of the Revised Code 3,507
is permitted to maintain records regarding an adjudication that 3,508
the individual is a delinquent child that was used as the basis 3,509
for the individual's permanent exclusion, regardless of a court 3,510
order to seal the record. An order issued under this section to 3,511
seal the record of an adjudication that an individual is a 3,512
delinquent child does not revoke the adjudication order of the 3,513
superintendent of public instruction to permanently exclude the 3,514
individual who is the subject of the sealing order. An order 3,515
issued under this section to seal the record of an adjudication 3,516
that an individual is a delinquent child may be presented to a 3,517
district superintendent as evidence to support the contention 3,518
that the superintendent should recommend that the permanent 3,519
exclusion of the individual who is the subject of the sealing 3,520
order be revoked. Except as otherwise authorized by this 3,521
division and sections 3301.121 and 3313.662 of the Revised Code, 3,522
any school employee in possession of or having access to the 3,523
sealed adjudication records of an individual that were the basis 3,524
of a permanent exclusion of the individual is subject to division 3,525
(J) of this section. 3,526
Sec. 2151.359. (A)(1) In any proceeding wherein IN WHICH 3,536
a child has been adjudged ADJUDICATED A delinquent, unruly, 3,537
abused, neglected, or dependent CHILD, on the application of a
party, or ON the court's own motion, the court may make an order 3,539
85
restraining or otherwise controlling the conduct of any parent, 3,540
guardian, or other custodian in the relationship of such THAT 3,541
individual to the child if the court finds that such an BOTH OF 3,542
THE FOLLOWING:
(a) AN order OF THAT NATURE is necessary to: 3,544
(A) Control CONTROL any conduct or relationship that will 3,546
be detrimental or harmful to the child; 3,547
(B) Where such. 3,549
(b) THAT conduct or relationship will tend to defeat the 3,552
execution of the order of disposition made or to be made.
Due (2) THE COURT SHALL GIVE DUE notice of the application 3,555
or motion and, the grounds therefor FOR THE APPLICATION OR 3,556
MOTION, and an opportunity to be heard shall be given to the 3,557
person against whom such AN order UNDER THIS DIVISION is 3,558
directed. 3,559
(B) THE AUTHORITY TO MAKE AN ORDER UNDER DIVISION (A) OF 3,561
THIS SECTION AND ANY ORDER MADE UNDER THAT AUTHORITY IS IN 3,563
ADDITION TO THE AUTHORITY TO MAKE AN ORDER PURSUANT TO DIVISION 3,565
(C)(2) OF SECTION 2151.354 OR DIVISION (A)(24)(b) OF SECTION 3,566
2151.355 OF THE REVISED CODE AND TO ANY ORDER MADE UNDER EITHER 3,567
DIVISION. 3,568
Sec. 2151.3512. If a child is adjudicated a delinquent 3,578
child or is adjudicated a juvenile traffic offender, the court 3,579
may make an order of disposition of the child under division 3,580
(A)(8)(a) of section 2151.355 or under division (A)(1) of section 3,581
2151.356 of the Revised Code, whichever is applicable, by 3,582
imposing a fine and costs in accordance with the following 3,583
schedule:
(A) If the child was adjudicated a delinquent child or a 3,586
juvenile traffic offender for committing an act that would be a 3,587
minor misdemeanor or an unclassified misdemeanor if committed by 3,588
an adult, a fine not to exceed fifty dollars and costs; 3,589
(B) If the child was adjudicated a delinquent child or a 3,592
juvenile traffic offender for committing an act that would be a 3,593
86
misdemeanor of the fourth degree if committed by an adult, a fine 3,594
not to exceed seventy-five dollars and costs;
(C) If the child was adjudicated a delinquent child or a 3,597
juvenile traffic offender for committing an act that would be a 3,598
misdemeanor of the third degree if committed by an adult, a fine 3,599
not to exceed one hundred twenty-five dollars and costs; 3,600
(D) If the child was adjudicated a delinquent child or a 3,603
juvenile traffic offender for committing an act that would be a 3,604
misdemeanor of the second degree if committed by an adult, a fine 3,605
not to exceed one hundred seventy-five dollars and costs; 3,606
(E) If the child was adjudicated a delinquent child or a 3,609
juvenile traffic offender for committing an act that would be a 3,610
misdemeanor of the first degree if committed by an adult, a fine 3,611
not to exceed two hundred twenty-five dollars and costs; 3,612
(F) If the child was adjudicated a delinquent child or a 3,615
juvenile traffic offender for committing an act that would be a 3,616
felony of the fifth degree or an unclassified felony if committed 3,618
by an adult, a fine not to exceed three hundred dollars and 3,619
costs;
(G) If the child was adjudicated a delinquent child or a 3,622
juvenile traffic offender for committing an act that would be a 3,623
felony of the fourth degree if committed by an adult, a fine not 3,624
to exceed four hundred dollars and costs; 3,625
(H) If the child was adjudicated a delinquent child or a 3,627
juvenile traffic offender for committing an act that would be a 3,628
felony of the third degree if committed by an adult, a fine not 3,629
to exceed seven hundred fifty dollars and costs; 3,630
(I) If the child was adjudicated a delinquent child or a 3,633
juvenile traffic offender for committing an act that would be a 3,634
felony of the second degree if committed by an adult, a fine not 3,635
to exceed one thousand dollars and costs; 3,636
(J) If the child was adjudicated a delinquent child or a 3,639
juvenile traffic offender for committing an act that would be a 3,640
felony of the first degree if committed by an adult, a fine not 3,641
87
to exceed one thousand four hundred fifty dollars and costs; 3,642
(K) If the child was adjudicated a delinquent child for 3,645
committing an act that would be aggravated murder or murder if 3,646
committed by an adult, a fine not to exceed one thousand eight 3,647
hundred dollars and costs.
Sec. 2151.47. Any adult WHO IS arrested OR CHARGED under 3,656
sections 2151.01 to 2151.54, inclusive, of the Revised Code, ANY 3,657
PROVISION IN THIS CHAPTER AND WHO IS CHARGED WITH A CRIME may 3,658
demand a trial by jury, or the juvenile judge upon his THE 3,659
JUDGE'S own motion may call a jury. A demand for a jury trial 3,661
must SHALL be made in writing in not less than three days before 3,662
the date set for trial, or within three days after counsel has 3,663
been retained, whichever is later. Sections 2945.17 and 2945.22 3,664
2945.23 to 2945.36, inclusive, of the Revised Code, relating to 3,665
the drawing and impaneling of jurors in criminal cases in the 3,667
court of common pleas, other than in capital cases, shall apply 3,668
to such A jury trial UNDER THIS SECTION. The compensation of 3,670
jurors and costs of the clerk and sheriff shall be taxed and paid 3,671
IN THE SAME MANNER as in criminal cases in the court of common
pleas. 3,672
Sec. 3321.14. Notwithstanding division (D) of section 3,681
3311.19 and division (D) of section 3311.52 of the Revised Code, 3,682
the provisions of this section and sections 3321.15 to 3321.22 3,683
3321.21 of the Revised Code that apply to a city school district 3,685
or its superintendent do not apply to any joint vocational or
cooperative education school district or its superintendent 3,686
unless otherwise specified. 3,687
The board of education of every city school district and of 3,689
every exempted village school district shall employ an attendance 3,690
officer, and may employ or appoint such ANY assistants as THAT 3,691
the board deems advisable. In cities of one hundred thousand 3,693
population or over, the board may appoint, subject to the
nomination of the superintendent of schools, one or more 3,694
pupil-personnel workers and make provision for the traveling 3,695
88
expenses within the school district of such THOSE employees. 3,696
Sec. 3321.18. The attendance officer provided for by 3,705
section 3321.14 or 3321.15 of the Revised Code shall institute 3,706
proceedings against any officer, parent, guardian, or other 3,707
person violating laws relating to compulsory education and the 3,708
employment of minors, and otherwise discharge the duties 3,709
described in sections 3321.14 to 3321.22 3321.21 of the Revised 3,711
Code, and perform such ANY other service as THAT the 3,712
superintendent of schools or board of education of the district 3,714
by which the attendance officer is employed considers necessary 3,715
to preserve the morals and secure the good conduct of school 3,716
children, and to enforce such THOSE laws. 3,717
The attendance officer shall be furnished with copies of 3,719
the enumeration in each school district in which the attendance 3,720
officer serves and of the lists of pupils enrolled in the schools 3,721
and shall report to the superintendent discrepancies between 3,722
these lists and the enumeration. 3,723
The attendance officer and assistants shall cooperate with 3,725
the director of commerce in enforcing the laws relating to the 3,727
employment of minors. The attendance officer shall furnish upon 3,728
request such ANY data as THAT the attendance officer and the 3,729
attendance officer's assistants have collected in their reports 3,730
of children from six to eighteen years of age and also concerning 3,731
employers to the director and upon request to the state board of 3,733
education. The attendance officer must SHALL keep a record of 3,734
the attendance officer's transactions for the inspection and 3,735
information of the superintendent of schools and the board of 3,736
education; and shall make reports to the superintendent of 3,737
schools as often as required by the superintendent. The state 3,739
board of education may prescribe forms for the use of attendance
officers in the performance of their duties. The blank forms and 3,740
record books or indexes shall be furnished to the attendance 3,741
officers by the boards of education by which they are employed. 3,742
Sec. 3321.19. (A) AS USED IN THIS SECTION AND SECTION 3,752
89
3321.191 OF THE REVISED CODE, "HABITUAL TRUANT" AND "CHRONIC 3,753
TRUANT" HAVE THE SAME MEANINGS AS IN SECTION 2151.011 OF THE 3,754
REVISED CODE. 3,755
(B) When a board of education OF ANY CITY, EXEMPTED 3,758
VILLAGE, LOCAL, JOINT VOCATIONAL, OR COOPERATIVE EDUCATION SCHOOL 3,759
DISTRICT OR THE GOVERNING BOARD OF ANY EDUCATIONAL SERVICE CENTER 3,760
determines that a student in its district has been truant and the 3,761
parent, guardian, or other person having care of the child has 3,762
failed to cause the student's attendance AT SCHOOL, the board may 3,763
require the parent, guardian, or other person having care of the 3,765
child pursuant to division (B) of this section to attend an 3,766
educational program established pursuant to rules adopted by the 3,767
state board of education for the purpose of encouraging parental 3,768
involvement in compelling the attendance of the child AT SCHOOL. 3,769
No parent, GUARDIAN, OR OTHER PERSON HAVING CARE OF A CHILD 3,771
shall fail without good cause to attend such a AN EDUCATIONAL 3,773
program when DESCRIBED IN THIS DIVISION IF THE PARENT, GUARDIAN, 3,774
OR OTHER PERSON HAS BEEN served notice pursuant to division 3,775
(B)(C) of this section. 3,777
(B)(C) On the request of the superintendent of schools or, 3,780
THE SUPERINTENDENT OF ANY EDUCATIONAL SERVICE CENTER, the board 3,782
of education OF ANY CITY, EXEMPTED VILLAGE, LOCAL, JOINT
VOCATIONAL, OR COOPERATIVE EDUCATION SCHOOL DISTRICT, OR THE 3,783
GOVERNING BOARD OF ANY EDUCATIONAL SERVICE CENTER or when it 3,784
otherwise comes to his THE notice OF THE ATTENDANCE OFFICER OR 3,786
OTHER APPROPRIATE OFFICER OF THE SCHOOL DISTRICT, the attendance 3,787
officer OR OTHER APPROPRIATE OFFICER shall examine into any case 3,788
of supposed truancy within his THE district, and SHALL warn the 3,789
child, if found truant, and his THE CHILD'S parent, guardian, or 3,792
other person in charge HAVING CARE of him THE CHILD, in writing, 3,794
of the legal consequences of truancy if persisted in BEING AN 3,795
HABITUAL OR CHRONIC TRUANT. When any child of compulsory school 3,796
age, in violation of law, is not attending school, the attendance 3,797
OR OTHER APPROPRIATE officer shall notify the parent, guardian, 3,798
90
or other person in charge HAVING CARE of such THAT child of the 3,799
fact, and require such THE parent, guardian, or other person to 3,800
cause the child to attend school forthwith; and the IMMEDIATELY. 3,802
THE parent, guardian, or other person in charge HAVING CARE of 3,804
the child shall cause such THE child's attendance at school. 3,806
Upon the failure of the parent, guardian, or other person in 3,807
charge HAVING CARE of the child to do so, the attendance OFFICER 3,808
OR OTHER APPROPRIATE officer shall either make complaint against 3,809
the parent, guardian, or other person in charge of the child in 3,810
any court of competent jurisdiction or, if so directed by the 3,811
superintendent or, THE district board, OR THE EDUCATIONAL SERVICE 3,813
CENTER GOVERNING BOARD, SHALL send notice requiring such person's 3,814
THE attendance OF THAT PARENT, GUARDIAN, OR OTHER PERSON at a 3,815
parental education program established pursuant to division 3,817
(A)(B) of this section AND, SUBJECT TO DIVISIONS (D) AND (E) OF 3,818
THIS SECTION, MAY FILE A COMPLAINT AGAINST THE PARENT, GUARDIAN, 3,819
OR OTHER PERSON HAVING CARE OF THE CHILD IN ANY COURT OF 3,820
COMPETENT JURISDICTION.
(D) UPON THE FAILURE OF THE PARENT, GUARDIAN, OR OTHER 3,822
PERSON HAVING CARE OF THE CHILD TO CAUSE THE CHILD'S ATTENDANCE 3,823
AT SCHOOL, IF THE CHILD IS CONSIDERED AN HABITUAL TRUANT, THE 3,824
BOARD OF EDUCATION OF THE SCHOOL DISTRICT OR THE GOVERNING BOARD 3,826
OF THE EDUCATIONAL SERVICE CENTER SHALL DO EITHER OR BOTH OF THE 3,827
FOLLOWING:
(1) TAKE ANY APPROPRIATE ACTION AS AN INTERVENTION 3,829
STRATEGY CONTAINED IN THE POLICY DEVELOPED BY THE BOARD PURSUANT 3,830
TO SECTION 3321.191 OF THE REVISED CODE; 3,831
(2) FILE A COMPLAINT IN THE JUVENILE COURT OF THE COUNTY 3,835
IN WHICH THE CHILD HAS A RESIDENCE OR LEGAL SETTLEMENT OR IN 3,836
WHICH THE CHILD IS SUPPOSED TO ATTEND SCHOOL JOINTLY AGAINST THE
CHILD AND THE PARENT, GUARDIAN, OR OTHER PERSON HAVING CARE OF 3,837
THE CHILD. A COMPLAINT FILED IN THE JUVENILE COURT UNDER THIS 3,838
DIVISION SHALL ALLEGE THAT THE CHILD IS AN UNRULY CHILD FOR BEING 3,839
AN HABITUAL TRUANT OR IS A DELINQUENT CHILD FOR BEING AN HABITUAL 3,840
91
TRUANT WHO PREVIOUSLY HAS BEEN ADJUDICATED AN UNRULY CHILD FOR 3,842
BEING AN HABITUAL TRUANT AND THAT THE PARENT, GUARDIAN, OR OTHER 3,843
PERSON HAVING CARE OF THE CHILD HAS VIOLATED SECTION 3321.38 OF 3,844
THE REVISED CODE. 3,845
(E) UPON THE FAILURE OF THE PARENT, GUARDIAN, OR OTHER 3,847
PERSON HAVING CARE OF THE CHILD TO CAUSE THE CHILD'S ATTENDANCE 3,848
AT SCHOOL, IF THE CHILD IS CONSIDERED A CHRONIC TRUANT, THE BOARD 3,850
OF EDUCATION OF THE SCHOOL DISTRICT OR THE GOVERNING BOARD OF THE 3,851
EDUCATIONAL SERVICE CENTER SHALL FILE A COMPLAINT IN THE JUVENILE 3,854
COURT OF THE COUNTY IN WHICH THE CHILD HAS A RESIDENCE OR LEGAL 3,855
SETTLEMENT OR IN WHICH THE CHILD IS SUPPOSED TO ATTEND SCHOOL 3,856
JOINTLY AGAINST THE CHILD AND THE PARENT, GUARDIAN, OR OTHER 3,857
PERSON HAVING CARE OF THE CHILD. A COMPLAINT FILED IN THE
JUVENILE COURT UNDER THIS DIVISION SHALL ALLEGE THAT THE CHILD IS 3,859
A DELINQUENT CHILD FOR BEING A CHRONIC TRUANT AND THAT THE
PARENT, GUARDIAN, OR OTHER PERSON HAVING CARE OF THE CHILD HAS 3,861
VIOLATED SECTION 3321.38 OF THE REVISED CODE. 3,862
Sec. 3321.191. (A) NO LATER THAN AUGUST 31, 2000, THE 3,864
BOARD OF EDUCATION OF EACH CITY, EXEMPTED VILLAGE, LOCAL, JOINT 3,866
VOCATIONAL, AND COOPERATIVE EDUCATION SCHOOL DISTRICT AND THE 3,867
GOVERNING BOARD OF EACH EDUCATIONAL SERVICE CENTER SHALL ADOPT A 3,868
POLICY TO GUIDE EMPLOYEES OF THE SCHOOL DISTRICT OR SERVICE 3,869
CENTER IN ADDRESSING AND AMELIORATING THE ATTENDANCE PRACTICE OF 3,871
ANY PUPIL WHO IS AN HABITUAL TRUANT. IN DEVELOPING THE POLICY, 3,872
THE APPROPRIATE BOARD SHALL CONSULT WITH THE JUDGE OF THE
JUVENILE COURT OF THE COUNTY OR COUNTIES IN WHICH THE DISTRICT OR 3,873
SERVICE CENTER IS LOCATED, WITH THE PARENTS, GUARDIANS, OR OTHER 3,875
PERSONS HAVING CARE OF THE PUPILS ATTENDING SCHOOL IN THE 3,876
DISTRICT, AND WITH APPROPRIATE STATE AND LOCAL AGENCIES. THE 3,877
BOARD SHALL INCORPORATE INTO THE POLICY AS AN INTERVENTION 3,878
STRATEGY THE ASSIGNMENT OF AN HABITUAL TRUANT TO AN ALTERNATIVE 3,879
SCHOOL PURSUANT TO SECTION 3313.533 OF THE REVISED CODE IF AN 3,880
ALTERNATIVE SCHOOL HAS BEEN ESTABLISHED BY THE BOARD UNDER THAT 3,881
SECTION.
92
(B) THE POLICY DEVELOPED UNDER DIVISION (A) OF THIS 3,883
SECTION MAY INCLUDE AS AN INTERVENTION STRATEGY ANY OF THE 3,885
FOLLOWING ACTIONS, IF APPROPRIATE: 3,886
(1) PROVIDING A TRUANCY INTERVENTION PROGRAM FOR AN 3,889
HABITUAL TRUANT;
(2) PROVIDING COUNSELING FOR AN HABITUAL TRUANT; 3,891
(3) REQUESTING OR REQUIRING A PARENT, GUARDIAN, OR OTHER 3,893
PERSON HAVING CARE OF AN HABITUAL TRUANT TO ATTEND PARENTAL 3,894
INVOLVEMENT PROGRAMS, INCLUDING PROGRAMS ADOPTED UNDER SECTION 3,895
3313.472 OR 3313.663 OF THE REVISED CODE; 3,896
(4) REQUESTING OR REQUIRING A PARENT, GUARDIAN, OR OTHER 3,899
PERSON HAVING CARE OF AN HABITUAL TRUANT TO ATTEND TRUANCY 3,900
PREVENTION MEDIATION PROGRAMS;
(5) NOTIFICATION OF THE REGISTRAR OF MOTOR VEHICLES UNDER 3,902
SECTION 3321.13 OF THE REVISED CODE; 3,903
(6) TAKING LEGAL ACTION UNDER SECTION 2919.222, 3321.20, 3,905
OR 3321.38 OF THE REVISED CODE. 3,906
(C) NOTHING IN THIS SECTION SHALL BE CONSTRUED TO LIMIT 3,908
THE DUTY OR AUTHORITY OF A DISTRICT BOARD OF EDUCATION OR 3,909
GOVERNING BODY OF AN EDUCATIONAL SERVICE CENTER TO DEVELOP OTHER 3,910
POLICIES RELATED TO TRUANCY OR TO LIMIT THE DUTY OR AUTHORITY OF 3,911
ANY EMPLOYEE OF THE SCHOOL DISTRICT OR SERVICE CENTER TO RESPOND 3,912
TO PUPIL TRUANCY.
Sec. 3321.20. When any child, in violation of section 3,921
3321.08 or 3321.09 of the Revised Code, is not attending a 3,922
part-time school or class, the attendance officer shall warn the 3,923
child and his THE CHILD'S parent, guardian, or other person in 3,925
charge of him THE CHILD in writing of the legal consequences of 3,926
his THE CHILD'S failure to attend such THE PART-TIME school or 3,927
class. If the parent, guardian, or other person in charge of 3,928
such THAT child fails thereupon to cause his THE CHILD'S 3,931
attendance at such THE part-time school or class, the attendance 3,932
officer shall make complaint against the parent, guardian, or 3,935
other person in charge of the child in any THE JUVENILE court of 3,937
93
competent jurisdiction THE COUNTY IN WHICH THE CHILD HAS A
RESIDENCE OR LEGAL SETTLEMENT OR IN WHICH THE CHILD IS SUPPOSED 3,938
TO ATTEND THE PART-TIME SCHOOL OR CLASS. 3,939
Sec. 3321.22. If (A) EXCEPT AS PROVIDED IN DIVISION (B) 3,949
OF THIS SECTION, IF A COMPLAINT IS FILED AGAINST the parent,
guardian, or other person in charge of a child, upon complaint 3,951
for a failure to cause the child to attend school or a part-time 3,952
school or class, AND IF THE PARENT, GUARDIAN, OR OTHER PERSON 3,953
proves AN inability to do so, then such THE parent, guardian, or 3,955
other person in charge of a child shall be discharged. UPON THE 3,956
DISCHARGE, and thereupon the attendance officer shall make FILE A 3,957
complaint before the judge of the juvenile court of the county 3,959
ALLEGING that the child is a delinquent child, UNRULY CHILD, or 3,960
dependent child within the meaning of section 2151.02, 2151.021, 3,961
or 2151.04 of the Revised Code. Such THE judge shall hear the 3,963
complaint and if he THE JUDGE determines that the child is a 3,965
delinquent, UNRULY, or dependent child within one of such THOSE 3,967
sections he THE JUDGE shall deal with the child according to 3,969
section 2151.35 or 2151.36 of the Revised Code.
(B) DIVISION (A) OF THIS SECTION DOES NOT APPLY REGARDING 3,972
A COMPLAINT FILED UNDER DIVISION (D) OR (E) OF SECTION 3321.19 OF 3,973
THE REVISED CODE OR OTHERWISE FILED AND ALLEGING THAT A CHILD IS 3,974
AN HABITUAL TRUANT OR CHRONIC TRUANT.
Sec. 3321.38. (A) No parent, guardian, or other person 3,983
having care of a child of compulsory school age shall violate ANY 3,985
PROVISION OF section 3321.01, 3321.03, 3321.04, 3321.07, or
3321.10, division (A) or (B) of section 3321.19, or section 3,987
3321.20, or 3331.14 of the Revised Code. The JUVENILE court, 3,989
WHICH HAS EXCLUSIVE ORIGINAL JURISDICTION OVER ANY VIOLATION OF 3,990
THIS SECTION PURSUANT TO SECTION 2151.23 OF THE REVISED CODE, may 3,991
require a person convicted of violating this division to give 3,992
bond in the A sum of one NOT MORE THAN FIVE hundred dollars with 3,993
sureties to the approval of the court, conditioned that the 3,994
person will cause the child under the person's charge to attend 3,995
94
upon instruction as provided by law, and remain as a pupil in the 3,996
school or class during the term prescribed by law. IF THE 3,998
JUVENILE COURT ADJUDICATES THE CHILD AS AN UNRULY OR DELINQUENT 3,999
CHILD FOR BEING AN HABITUAL OR CHRONIC TRUANT PURSUANT TO SECTION 4,000
2151.35 OF THE REVISED CODE, THE COURT SHALL WARN THE PARENT, 4,002
GUARDIAN, OR OTHER PERSON HAVING CARE OF THE CHILD THAT ANY
SUBSEQUENT ADJUDICATION OF THAT NATURE INVOLVING THE CHILD MAY 4,003
RESULT IN A CRIMINAL CHARGE AGAINST THE PARENT, GUARDIAN, OR 4,004
OTHER PERSON HAVING CARE OF THE CHILD FOR A VIOLATION OF DIVISION 4,005
(C) OF SECTION 2919.21 OR SECTION 2919.24 OF THE REVISED CODE. 4,006
(B) This section does not relieve from prosecution and 4,008
conviction any parent, guardian, or other person upon further 4,009
violation of such ANY PROVISION IN ANY OF THE sections; nor shall 4,011
SPECIFIED IN DIVISION (A) OF THIS SECTION, ANY PROVISION OF 4,012
SECTION 2919.222 OR 2919.24 OF THE REVISED CODE, OR DIVISION (C) 4,013
OF SECTION 2919.21 OF THE REVISED CODE. A forfeiture of the bond 4,015
SHALL NOT relieve such THAT PARENT, GUARDIAN, OR OTHER person 4,017
from prosecution and conviction upon further violation of such 4,018
ANY PROVISION IN ANY OF THOSE sections OR THAT DIVISION. 4,019
(C) Section 4109.13 of the Revised Code applies to this 4,021
section.
Sec. 3321.99. Whoever violates division (A) of section 4,030
3321.38 of the Revised Code shall MAY be fined not less than five 4,031
nor more than twenty FIVE HUNDRED dollars OR MAY BE ORDERED TO 4,033
PERFORM NOT MORE THAN SEVENTY HOURS OF COMMUNITY SERVICE WORK.
Sec. 3730.99. (A) Whoever violates division (A), (B), or 4,043
(C) of section 3730.02 or division (A) of section 3730.06 of the 4,044
Revised Code is guilty of a misdemeanor of the fourth degree. 4,045
(B) Whoever violates division (B)(1) or (2) of section 4,047
3730.07 of the Revised Code is guilty of a misdemeanor of the 4,048
first degree.
(C)(1) Whoever violates division (A)(1) of section 3730.07 4,050
of the Revised Code is a delinquent child and is subject to an 4,051
order of disposition under division (A)(8)(a) of section 2151.355 4,052
95
of the Revised Code, which order of disposition shall require the 4,054
child to pay a fine as described in division (B) of section 4,055
2151.3512 of the Revised Code.
(2) Whoever violates division (A)(2) of section 3730.07 of 4,057
the Revised Code is a delinquent child and is subject to an order 4,058
of disposition under division (A)(8)(a) of section 2151.355 of 4,059
the Revised Code, which order of disposition shall require the 4,061
child to pay a fine as described in division (E) of section 4,062
2151.3512 of the Revised Code.
Sec. 4109.13. (A) The administrator of the bureau of 4,072
employment services shall designate enforcement officials to 4,073
enforce this chapter.
(B) An enforcement official shall, upon discovery of a 4,075
violation of this chapter and after notice to the employer, SHALL 4,076
make a complaint against the offending employer in any court of 4,078
competent jurisdiction.
(C) Enforcement officials shall make complaint by filing a 4,080
complaint before a court having competent jurisdiction against 4,081
any person violating any law relating to the employment of 4,082
minors. This section shall not be construed to limit the right 4,083
of other persons to make such THOSE complaints. 4,084
(D) County courts, municipal courts, and juvenile courts 4,086
have jurisdiction to try offenses under this chapter and. 4,087
JUVENILE COURTS HAVE EXCLUSIVE ORIGINAL JURISDICTION TO TRY 4,089
OFFENSES UNDER section 3321.38 of the Revised Code. 4,090
(E) No person or enforcement official instituting 4,092
proceedings under this section shall be required to file or give 4,093
security for the costs. If a defendant is acquitted, the judge, 4,094
police judge, or juvenile judge before whom the case is brought 4,095
shall certify the costs to the county auditor, who. THE COUNTY 4,097
AUDITOR shall examine the amount and, if necessary, correct it; 4,098
and. THE COUNTY AUDITOR shall issue his A warrant on the county 4,100
treasurer in favor of the persons to whom THE costs are due. 4,101
(F) Fines collected for violations of this chapter and 4,103
96
section 3321.38 of the Revised Code shall be paid into the funds 4,104
of the school district in which the offense was committed. 4,105
Sec. 5139.36. (A) In accordance with this section and the 4,114
rules adopted under it and from funds appropriated to the 4,115
department of youth services for the purposes of this section, 4,116
the department shall make grants that provide financial resources 4,117
to operate community corrections facilities for felony 4,118
delinquents. 4,119
(B)(1) Each community corrections facility that intends to 4,121
seek a grant under this section shall file an application with 4,122
the department of youth services at the time and in accordance 4,123
with the procedures that the department shall establish by rules 4,124
adopted in accordance with Chapter 119. of the Revised Code. In 4,125
addition to other items required to be included in the 4,126
application, a plan that satisfies both of the following shall be 4,127
included: 4,128
(a) It reduces the number of felony delinquents committed 4,132
to the department from the county or counties associated with the 4,133
community corrections facility. 4,134
(b) It ensures equal access for minority felony 4,136
delinquents to the programs and services for which a potential 4,137
grant would be used. 4,138
(2) The department of youth services shall review each 4,140
application submitted pursuant to division (B)(1) of this section 4,141
to determine whether the plan described in that division, the 4,142
community corrections facility, and the application comply with 4,143
this section and the rules adopted under it. 4,144
(C) To be eligible for a grant under this section and for 4,146
continued receipt of moneys comprising a grant under this 4,147
section, a community corrections facility shall satisfy at least 4,148
all of the following requirements: 4,149
(1) Be constructed, reconstructed, improved, or financed 4,151
by the Ohio building authority pursuant to section 307.021 of the 4,152
Revised Code and Chapter 152. of the Revised Code for the use of 4,153
97
the department of youth services and be designated as a community 4,154
corrections facility; 4,155
(2) Have written standardized criteria governing the types 4,157
of felony delinquents that are eligible for the programs and 4,158
services provided by the facility; 4,159
(3) Have a written standardized intake screening process 4,161
and an intake committee that at least performs both of the 4,162
following tasks: 4,163
(a) Screens all eligible felony delinquents who are being 4,165
considered for admission to the facility in lieu of commitment to 4,166
the department; 4,167
(b) Notifies, within ten days after the date of the 4,169
referral of a felony delinquent to the facility, the committing 4,170
court whether the felony delinquent will be admitted to the 4,171
facility. 4,172
(4) Comply with all applicable fiscal and program rules 4,174
that the department adopts in accordance with Chapter 119. of the 4,175
Revised Code and demonstrate that felony delinquents served by 4,176
the facility have been or will be diverted from a commitment to 4,177
the department. 4,178
(D) The department of youth services shall determine the 4,180
method of distribution of the funds appropriated for grants under 4,181
this section to community corrections facilities. 4,182
(E) With the consent of a committing court and of a 4,184
community corrections facility that has received a grant under 4,185
this section, the department of youth services may place in that 4,186
facility a felony delinquent who has been committed to the 4,187
department. During the period in which the felony delinquent is 4,189
in that facility, the felony delinquent shall remain in the legal 4,190
custody of the department. 4,191
(F) IF THE BOARD OR OTHER GOVERNING BODY OF A COMMUNITY 4,193
CORRECTIONS FACILITY ESTABLISHES AN ADVISORY BOARD, THE BOARD OR 4,194
OTHER GOVERNING AUTHORITY OF THE COMMUNITY CORRECTIONS FACILITY 4,195
SHALL REIMBURSE THE MEMBERS OF THE ADVISORY BOARD FOR THEIR 4,196
98
ACTUAL AND NECESSARY EXPENSES INCURRED IN THE PERFORMANCE OF 4,198
THEIR OFFICIAL DUTIES ON THE ADVISORY BOARD. THE MEMBERS OF 4,199
ADVISORY BOARDS SHALL SERVE WITHOUT COMPENSATION.
Section 2. That existing sections 2151.011, 2151.02, 4,201
2151.022, 2151.18, 2151.23, 2151.27, 2151.28, 2151.311, 2151.312, 4,202
2151.313, 2151.35, 2151.354, 2151.355, 2151.356, 2151.358, 4,203
2151.359, 2151.3512, 2151.47, 3321.14, 3321.18, 3321.19, 3321.20, 4,204
3321.22, 3321.38, 3321.99, 3730.99, 4109.13, and 5139.36 and 4,205
section 5139.031 of the Revised Code are hereby repealed. 4,206
Section 3. Section 2151.358 of the Revised Code is 4,209
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 4,210
Assembly, with the new language of neither of the acts shown in 4,211
capital letters. This is in recognition of the principle stated 4,212
in division (B) of section 1.52 of the Revised Code that such 4,213
amendments are to be harmonized where not substantively 4,214
irreconcilable and constitutes a legislative finding that such is 4,215
the resulting version in effect prior to the effective date of 4,216
this act.