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          

                                                          5      


                                                                 
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.