REPRESENTATIVES Young, Callender, Latell

To amend sections 2151.28 and 2151.31 of the Revised

1

Code to permit confinement of a child who is a

2

danger or threat to others, to generally require

3

the adjudicatory hearing for a confined child to

4

be held within 15 days after the complaint is

5

filed, and to amend the versions of sections

6

2151.28 and 2151.31 of the Revised Code that are

7

scheduled to take effect January 1, 2002, to

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continue the provisions of this act on and after

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that effective date.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section 1.  That sections 2151.28 and 2151.31 of the Revised	11
Code be amended to read as follows:	12

Sec. 2151.28.  (A) No later than seventy-two hours after the	13
complaint is filed, the court shall fix a time for an adjudicatory	14
hearing. The court shall conduct the adjudicatory hearing within	15
one of the following periods of time:	16

(1) If the complaint alleged that the child violated section	17
2151.87 of the Revised Code or is a delinquent or unruly child or	18
a juvenile traffic offender and the child is not in detention or	19
shelter care, the adjudicatory hearing shall be held and may be	20
continued in accordance with the Juvenile Rules.	21

(2) If the complaint alleged that the child is an abused,	22
neglected, or dependent child, the adjudicatory hearing shall be	23
held no later than thirty days after the complaint is filed,	24
except that, for good cause shown, the court may continue the	25
adjudicatory hearing for either of the following periods of time:	26

(a) For ten days beyond the thirty-day deadline to allow any	27
party to obtain counsel;	28

(b) For a reasonable period of time beyond the thirty-day	29
deadline to obtain service on all parties or any necessary	30
evaluation, except that the adjudicatory hearing shall not be held	31
later than sixty days after the date on which the complaint was	32
filed.	33

(3) If the child who is the subject of the complaint is in	34
detention or shelter care, the hearing shall be held not later	35
than fifteen days after the filing of the complaint. Upon a	36
showing of good cause, the adjudicatory hearing may be continued	37
and detention or shelter care extended.	38

(B) At an adjudicatory hearing held pursuant to division	39
(A)(2) of this section, the court, in addition to determining	40
whether the child is an abused, neglected, or dependent child,	41
shall determine whether the child should remain or be placed in	42
shelter care until the dispositional hearing. When the court	43
makes the shelter care determination, all of the following apply:	44

(1) The court shall determine whether there are any	45
relatives of the child who are willing to be temporary custodians	46
of the child. If any relative is willing to be a temporary	47
custodian, the child otherwise would remain or be placed in	48
shelter care, and the appointment is appropriate, the court shall	49
appoint the relative as temporary custodian of the child, unless	50
the court appoints another relative as custodian. If it	51
determines that the appointment of a relative as custodian would	52
not be appropriate, it shall issue a written opinion setting forth	53
the reasons for its determination and give a copy of the opinion	54
to all parties and the guardian ad litem of the child.	55

The court's consideration of a relative for appointment as a	56
temporary custodian does not make that relative a party to the	57
proceedings.	58

(2) The court shall comply with section 2151.419 of the	59
Revised Code.	60

(3) The court shall schedule the date for the dispositional	61
hearing to be held pursuant to section 2151.35 of the Revised	62
Code. The parents of the child have a right to be represented by	63
counsel; however, in no case shall the dispositional hearing be	64
held later than ninety days after the date on which the complaint	65
was filed.	66

(C)(1) The court shall direct the issuance of a summons	67
directed to the child except as provided by this section, the	68
parents, guardian, custodian, or other person with whom the child	69
may be, and any other persons that appear to the court to be	70
proper or necessary parties to the proceedings, requiring them to	71
appear before the court at the time fixed to answer the	72
allegations of the complaint. The summons shall contain the name	73
and telephone number of the court employee designated by the court	74
pursuant to section 2151.314 of the Revised Code to arrange for	75
the prompt appointment of counsel for indigent persons. A child	76
alleged to be an abused, neglected, or dependent child shall not	77
be summoned unless the court so directs. A summons issued for a	78
child who is under fourteen years of age and who is alleged to be	79
a delinquent child, unruly child, or a juvenile traffic offender	80
shall be served on the parent, guardian, or custodian of the child	81
in the child's behalf.	82

If the person who has physical custody of the child, or with	83
whom the child resides, is other than the parent or guardian, then	84
the parents and guardian also shall be summoned. A copy of the	85
complaint shall accompany the summons.	86

(2) In lieu of appearing before the court at the time fixed	87
in the summons and prior to the date fixed for appearance in the	88
summons, a child who is alleged to have violated section 2151.87	89
of the Revised Code and that child's parent, guardian, or	90
custodian may sign a waiver of appearance before the clerk of the	91
juvenile court and pay a fine of one hundred dollars. If the	92
child and that child's parent, guardian, or custodian do not waive	93
the court appearance, the court shall proceed with the	94
adjudicatory hearing as provided in this section.	95

(D) If the complaint contains a prayer for permanent	96
custody, temporary custody, whether as the preferred or an	97
alternative disposition, or a planned permanent living arrangement	98
in a case involving an alleged abused, neglected, or dependent	99
child, the summons served on the parents shall contain as is	100
appropriate an explanation that the granting of permanent custody	101
permanently divests the parents of their parental rights and	102
privileges, an explanation that an adjudication that the child is	103
an abused, neglected, or dependent child may result in an order of	104
temporary custody that will cause the removal of the child from	105
their legal custody until the court terminates the order of	106
temporary custody or permanently divests the parents of their	107
parental rights, or an explanation that the issuance of an order	108
for a planned permanent living arrangement will cause the removal	109
of the child from the legal custody of the parents if any of the	110
conditions listed in divisions (A)(5)(a) to (c) of section	111
2151.353 of the Revised Code are found to exist.	112

(E)(1) Except as otherwise provided in division (E)(2) of	113
this section, the court may endorse upon the summons an order	114
directing the parents, guardian, or other person with whom the	115
child may be to appear personally at the hearing and directing the	116
person having the physical custody or control of the child to	117
bring the child to the hearing.	118

(2) In cases in which the complaint alleges that a child is	119
an unruly or delinquent child for being an habitual or chronic	120
truant and that the parent, guardian, or other person having care	121
of the child has failed to cause the child's attendance at school,	122
the court shall endorse upon the summons an order directing the	123
parent, guardian, or other person having care of the child to	124
appear personally at the hearing and directing the person having	125
the physical custody or control of the child to bring the child to	126
the hearing.	127

(F)(1) The summons shall contain a statement advising that	128
any party is entitled to counsel in the proceedings and that the	129
court will appoint counsel or designate a county public defender	130
or joint county public defender to provide legal representation if	131
the party is indigent.	132

(2) In cases in which the complaint alleges a child to be an	133
abused, neglected, or dependent child and no hearing has been	134
conducted pursuant to division (A) of section 2151.314 of the	135
Revised Code with respect to the child or a parent, guardian, or	136
custodian of the child does not attend the hearing, the summons	137
also shall contain a statement advising that a case plan may be	138
prepared for the child, the general requirements usually contained	139
in case plans, and the possible consequences of failure to comply	140
with a journalized case plan.	141

(G) If it appears from an affidavit filed or from sworn	142
testimony before the court that the conduct, condition, or	143
surroundings of the child are endangering the child's health or	144
welfare or those of others, that the child may abscond or be	145
removed from the jurisdiction of the court, or that the child will	146
not be brought to the court, notwithstanding the service of the	147
summons, the court may endorse upon the summons an order that a	148
law enforcement officer serve the summons and take the child into	149
immediate custody and bring the child forthwith to the court.	150

(H) A party, other than the child, may waive service of	151
summons by written stipulation.	152

(I) Before any temporary commitment is made permanent, the	153
court shall fix a time for hearing in accordance with section	154
2151.414 of the Revised Code and shall cause notice by summons to	155
be served upon the parent or guardian of the child and the	156
guardian ad litem of the child, or published, as provided in	157
section 2151.29 of the Revised Code. The summons shall contain an	158
explanation that the granting of permanent custody permanently	159
divests the parents of their parental rights and privileges.	160

(J) Any person whose presence is considered necessary and	161
who is not summoned may be subpoenaed to appear and testify at the	162
hearing. Anyone summoned or subpoenaed to appear who fails to do	163
so may be punished, as in other cases in the court of common	164
pleas, for contempt of court. Persons subpoenaed shall be paid	165
the same witness fees as are allowed in the court of common pleas.	166

(K) The failure of the court to hold an adjudicatory hearing	167
within any time period set forth in division (A)(2) of this	168
section does not affect the ability of the court to issue any	169
order under this chapter and does not provide any basis for	170
attacking the jurisdiction of the court or the validity of any	171
order of the court.	172

(L) If the court, at an adjudicatory hearing held pursuant	173
to division (A) of this section upon a complaint alleging that a	174
child is an abused, neglected, dependent, delinquent, or unruly	175
child or a juvenile traffic offender, determines that the child is	176
a dependent child, the court shall incorporate that determination	177
into written findings of fact and conclusions of law and enter	178
those findings of fact and conclusions of law in the record of the	179
case. The court shall include in those findings of fact and	180
conclusions of law specific findings as to the existence of any	181
danger to the child and any underlying family problems that are	182
the basis for the court's determination that the child is a	183
dependent child.	184

Sec. 2151.31.  (A) A child may be taken into custody in any	185
of the following ways:	186

(1) Pursuant to an order of the court under this chapter or	187
pursuant to an order of the court upon a motion filed pursuant to	188
division (B) of section 2930.05 of the Revised Code;	189

(2) Pursuant to the laws of arrest;

190

(3) By a law enforcement officer or duly authorized officer	191
of the court when any of the following conditions are present:	192

(a) There are reasonable grounds to believe that the child	193
is suffering from illness or injury and is not receiving proper	194
care, as described in section 2151.03 of the Revised Code, and the	195
child's removal is necessary to prevent immediate or threatened	196
physical or emotional harm;	197

(b) There are reasonable grounds to believe that the child	198
is in immediate danger from the child's surroundings and that the	199
child's removal is necessary to prevent immediate or threatened	200
physical or emotional harm;	201

(c) There are reasonable grounds to believe that a parent,	202
guardian, custodian, or other household member of the child's	203
household has abused or neglected another child in the household	204
and to believe that the child is in danger of immediate or	205
threatened physical or emotional harm from that person.	206

(4) By an enforcement official, as defined in section	207
4109.01 of the Revised Code, under the circumstances set forth in	208
section 4109.08 of the Revised Code;	209

(5) By a law enforcement officer or duly authorized officer	210
of the court when there are reasonable grounds to believe that the	211
child has run away from the child's parents, guardian, or other	212
custodian;	213

(6) By a law enforcement officer or duly authorized officer	214
of the court when any of the following apply:	215

(a) There are reasonable grounds to believe that the	216
conduct, conditions, or surroundings of the child are endangering	217
the health, welfare, or safety of the child.	218

(b) A complaint has been filed with respect to the child	219
under section 2151.27 of the Revised Code and there are reasonable	220
grounds to believe that the child may abscond or be removed from	221
the jurisdiction of the court.	222

(c) The child is required to appear in court and there are	223
reasonable grounds to believe that the child will not be brought	224
before the court when required.	225

(B)(1) The taking of a child into custody is not and shall	226
not be deemed an arrest except for the purpose of determining its	227
validity under the constitution of this state or of the United	228
States.	229

(2) Except as provided in division (C) of section 2151.311	230
of the Revised Code, a child taken into custody shall not be held	231
in any state correctional institution, county, multicounty, or	232
municipal jail or workhouse, or any other place where any adult	233
convicted of crime, under arrest, or charged with crime is held.	234

(C) A child taken into custody shall not be confined in a	235
place of juvenile detention or placed in shelter care prior to the	236
implementation of the court's final order of disposition, unless	237
detention or shelter care is required to protect the child from	238
immediate or threatened physical or emotional harm, because the	239
child is a danger or threat to one or more other persons, because	240
the child may abscond or be removed from the jurisdiction of the	241
court, because the child has no parents, guardian, or custodian or	242
other person able to provide supervision and care for the child	243
and return the child to the court when required, or because an	244
order for placement of the child in detention or shelter care has	245
been made by the court pursuant to this chapter.	246

(D) Upon receipt of notice from a person that the person	247
intends to take an alleged abused, neglected, or dependent child	248
into custody pursuant to division (A)(3) of this section, a	249
juvenile judge or a designated referee may grant by telephone an	250
ex parte emergency order authorizing the taking of the child into	251
custody if there is probable cause to believe that any of the	252
conditions set forth in divisions (A)(3)(a) to (c) of this section	253
are present. The judge or referee shall journalize any ex parte	254
emergency order issued pursuant to this division. If an order is	255
issued pursuant to this division and the child is taken into	256
custody pursuant to the order, a sworn complaint shall be filed	257
with respect to the child before the end of the next business day	258
after the day on which the child is taken into custody and a	259
hearing shall be held pursuant to division (E) of this section and	260
the Juvenile Rules. A juvenile judge or referee shall not grant	261
an emergency order by telephone pursuant to this division until	262
after the judge or referee determines that reasonable efforts have	263
been made to notify the parents, guardian, or custodian of the	264
child that the child may be placed into shelter care and of the	265
reasons for placing the child into shelter care, except that, if	266
the requirement for notification would jeopardize the physical or	267
emotional safety of the child or result in the child being removed	268
from the court's jurisdiction, the judge or referee may issue the	269
order for taking the child into custody and placing the child into	270
shelter care prior to giving notice to the parents, guardian, or	271
custodian of the child.	272

(E) If a judge or referee pursuant to division (D) of this	273
section issues an ex parte emergency order for taking a child into	274
custody, the court shall hold a hearing to determine whether there	275
is probable cause for the emergency order. The hearing shall be	276
held before the end of the next business day after the day on	277
which the emergency order is issued, except that it shall not be	278
held later than seventy-two hours after the emergency order is	279
issued.	280

If the court determines at the hearing that there is not	281
probable cause for the issuance of the emergency order issued	282
pursuant to division (D) of this section, it shall order the child	283
released to the custody of the child's parents, guardian, or	284
custodian. If the court determines at the hearing that there is	285
probable cause for the issuance of the emergency order issued	286
pursuant to division (D) of this section, the court shall do all	287
of the following:	288

(1) Ensure that a complaint is filed or has been filed;

289

(2) Comply with section 2151.419 of the Revised Code;

290

(3) Hold a hearing pursuant to section 2151.314 of the	291
Revised Code to determine if the child should remain in shelter	292
care.	293

(F) If the court determines at the hearing held pursuant to	294
division (E) of this section that there is probable cause to	295
believe that the child is an abused child, as defined in division	296
(A) of section 2151.031 of the Revised Code, the court may do any	297
of the following:	298

(1) Upon the motion of any party, the guardian ad litem, the	299
prosecuting attorney, or an employee of the public children	300
services agency, or its own motion, issue reasonable protective	301
orders with respect to the interviewing or deposition of the	302
child;	303

(2) Order that the child's testimony be videotaped for	304
preservation of the testimony for possible use in any other	305
proceedings in the case;	306

(3) Set any additional conditions with respect to the child	307
or the case involving the child that are in the best interest of	308
the child.	309

(G) This section is not intended, and shall not be	310
construed, to prevent any person from taking a child into custody,	311
if taking the child into custody is necessary in an emergency to	312
prevent the physical injury, emotional harm, or neglect of the	313
child.	314

Section 2.  That existing sections 2151.28 and 2151.31 of the	315
Revised Code are hereby repealed.	316

Section 3. That the versions of sections 2151.28 and 2151.31	317
of the Revised Code that are scheduled to take effect on January	318
1, 2002, be amended to read as follows:	319

Sec. 2151.28.  (A) No later than seventy-two hours after the	320
complaint is filed, the court shall fix a time for an adjudicatory	321
hearing. The court shall conduct the adjudicatory hearing within	322
one of the following periods of time:	323

(1) Subject to division (D) of section 2152.13 of the	324
Revised Code, if the complaint alleged that the child violated	325
section 2151.87 of the Revised Code or is a delinquent or unruly	326
child or a juvenile traffic offender and the child is not in	327
detention or shelter care, the adjudicatory hearing shall be held	328
and may be continued in accordance with the Juvenile Rules.	329

(2) If the complaint alleged that the child is an abused,	330
neglected, or dependent child, the adjudicatory hearing shall be	331
held no later than thirty days after the complaint is filed,	332
except that, for good cause shown, the court may continue the	333
adjudicatory hearing for either of the following periods of time:	334

(a) For ten days beyond the thirty-day deadline to allow any	335
party to obtain counsel;	336

(b) For a reasonable period of time beyond the thirty-day	337
deadline to obtain service on all parties or any necessary	338
evaluation, except that the adjudicatory hearing shall not be held	339
later than sixty days after the date on which the complaint was	340
filed.	341

(3) If the child who is the subject of the complaint is in	342
detention or shelter care, the hearing shall be held not later	343
than fifteen days after the filing of the complaint. Upon a	344
showing of good cause, the adjudicatory hearing may be continued	345
and detention or shelter care extended.	346

(B) At an adjudicatory hearing held pursuant to division	347
(A)(2) of this section, the court, in addition to determining	348
whether the child is an abused, neglected, or dependent child,	349
shall determine whether the child should remain or be placed in	350
shelter care until the dispositional hearing. When the court	351
makes the shelter care determination, all of the following apply:	352

(1) The court shall determine whether there are any	353
relatives of the child who are willing to be temporary custodians	354
of the child. If any relative is willing to be a temporary	355
custodian, the child otherwise would remain or be placed in	356
shelter care, and the appointment is appropriate, the court shall	357
appoint the relative as temporary custodian of the child, unless	358
the court appoints another relative as custodian. If it	359
determines that the appointment of a relative as custodian would	360
not be appropriate, it shall issue a written opinion setting forth	361
the reasons for its determination and give a copy of the opinion	362
to all parties and the guardian ad litem of the child.	363

The court's consideration of a relative for appointment as a	364
temporary custodian does not make that relative a party to the	365
proceedings.	366

(2) The court shall comply with section 2151.419 of the	367
Revised Code.	368

(3) The court shall schedule the date for the dispositional	369
hearing to be held pursuant to section 2151.35 of the Revised	370
Code. The parents of the child have a right to be represented by	371
counsel; however, in no case shall the dispositional hearing be	372
held later than ninety days after the date on which the complaint	373
was filed.	374

(C)(1) The court shall direct the issuance of a summons	375
directed to the child except as provided by this section, the	376
parents, guardian, custodian, or other person with whom the child	377
may be, and any other persons that appear to the court to be	378
proper or necessary parties to the proceedings, requiring them to	379
appear before the court at the time fixed to answer the	380
allegations of the complaint. The summons shall contain the name	381
and telephone number of the court employee designated by the court	382
pursuant to section 2151.314 of the Revised Code to arrange for	383
the prompt appointment of counsel for indigent persons. A child	384
alleged to be an abused, neglected, or dependent child shall not	385
be summoned unless the court so directs. A summons issued for a	386
child who is under fourteen years of age and who is alleged to be	387
a delinquent child, unruly child, or a juvenile traffic offender	388
shall be served on the parent, guardian, or custodian of the child	389
in the child's behalf.	390

If the person who has physical custody of the child, or with	391
whom the child resides, is other than the parent or guardian, then	392
the parents and guardian also shall be summoned. A copy of the	393
complaint shall accompany the summons.	394

(2) In lieu of appearing before the court at the time fixed	395
in the summons and prior to the date fixed for appearance in the	396
summons, a child who is alleged to have violated section 2151.87	397
of the Revised Code and that child's parent, guardian, or	398
custodian may sign a waiver of appearance before the clerk of the	399
juvenile court and pay a fine of one hundred dollars. If the	400
child and that child's parent, guardian, or custodian do not waive	401
the court appearance, the court shall proceed with the	402
adjudicatory hearing as provided in this section.	403

(D) If the complaint contains a prayer for permanent	404
custody, temporary custody, whether as the preferred or an	405
alternative disposition, or a planned permanent living arrangement	406
in a case involving an alleged abused, neglected, or dependent	407
child, the summons served on the parents shall contain as is	408
appropriate an explanation that the granting of permanent custody	409
permanently divests the parents of their parental rights and	410
privileges, an explanation that an adjudication that the child is	411
an abused, neglected, or dependent child may result in an order of	412
temporary custody that will cause the removal of the child from	413
their legal custody until the court terminates the order of	414
temporary custody or permanently divests the parents of their	415
parental rights, or an explanation that the issuance of an order	416
for a planned permanent living arrangement will cause the removal	417
of the child from the legal custody of the parents if any of the	418
conditions listed in divisions (A)(5)(a) to (c) of section	419
2151.353 of the Revised Code are found to exist.	420

(E)(1) Except as otherwise provided in division (E)(2) of	421
this section, the court may endorse upon the summons an order	422
directing the parents, guardian, or other person with whom the	423
child may be to appear personally at the hearing and directing the	424
person having the physical custody or control of the child to	425
bring the child to the hearing.	426

(2) In cases in which the complaint alleges that a child is	427
an unruly or delinquent child for being an habitual or chronic	428
truant and that the parent, guardian, or other person having care	429
of the child has failed to cause the child's attendance at school,	430
the court shall endorse upon the summons an order directing the	431
parent, guardian, or other person having care of the child to	432
appear personally at the hearing and directing the person having	433
the physical custody or control of the child to bring the child to	434
the hearing.	435

(F)(1) The summons shall contain a statement advising that	436
any party is entitled to counsel in the proceedings and that the	437
court will appoint counsel or designate a county public defender	438
or joint county public defender to provide legal representation if	439
the party is indigent.	440

(2) In cases in which the complaint alleges a child to be an	441
abused, neglected, or dependent child and no hearing has been	442
conducted pursuant to division (A) of section 2151.314 of the	443
Revised Code with respect to the child or a parent, guardian, or	444
custodian of the child does not attend the hearing, the summons	445
also shall contain a statement advising that a case plan may be	446
prepared for the child, the general requirements usually contained	447
in case plans, and the possible consequences of failure to comply	448
with a journalized case plan.	449

(G) If it appears from an affidavit filed or from sworn	450
testimony before the court that the conduct, condition, or	451
surroundings of the child are endangering the child's health or	452
welfare or those of others, that the child may abscond or be	453
removed from the jurisdiction of the court, or that the child will	454
not be brought to the court, notwithstanding the service of the	455
summons, the court may endorse upon the summons an order that a	456
law enforcement officer serve the summons and take the child into	457
immediate custody and bring the child forthwith to the court.	458

(H) A party, other than the child, may waive service of	459
summons by written stipulation.	460

(I) Before any temporary commitment is made permanent, the	461
court shall fix a time for hearing in accordance with section	462
2151.414 of the Revised Code and shall cause notice by summons to	463
be served upon the parent or guardian of the child and the	464
guardian ad litem of the child, or published, as provided in	465
section 2151.29 of the Revised Code. The summons shall contain an	466
explanation that the granting of permanent custody permanently	467
divests the parents of their parental rights and privileges.	468

(J) Any person whose presence is considered necessary and	469
who is not summoned may be subpoenaed to appear and testify at the	470
hearing. Anyone summoned or subpoenaed to appear who fails to do	471
so may be punished, as in other cases in the court of common	472
pleas, for contempt of court. Persons subpoenaed shall be paid	473
the same witness fees as are allowed in the court of common pleas.	474

(K) The failure of the court to hold an adjudicatory hearing	475
within any time period set forth in division (A)(2) of this	476
section does not affect the ability of the court to issue any	477
order under this chapter and does not provide any basis for	478
attacking the jurisdiction of the court or the validity of any	479
order of the court.	480

(L) If the court, at an adjudicatory hearing held pursuant	481
to division (A) of this section upon a complaint alleging that a	482
child is an abused, neglected, dependent, delinquent, or unruly	483
child or a juvenile traffic offender, determines that the child is	484
a dependent child, the court shall incorporate that determination	485
into written findings of fact and conclusions of law and enter	486
those findings of fact and conclusions of law in the record of the	487
case. The court shall include in those findings of fact and	488
conclusions of law specific findings as to the existence of any	489
danger to the child and any underlying family problems that are	490
the basis for the court's determination that the child is a	491
dependent child.	492

Sec. 2151.31.  (A) A child may be taken into custody in any	493
of the following ways:	494

(1) Pursuant to an order of the court under this chapter or	495
pursuant to an order of the court upon a motion filed pursuant to	496
division (B) of section 2930.05 of the Revised Code;	497

(2) Pursuant to the laws of arrest;

498

(3) By a law enforcement officer or duly authorized officer	499
of the court when any of the following conditions are present:	500

(a) There are reasonable grounds to believe that the child	501
is suffering from illness or injury and is not receiving proper	502
care, as described in section 2151.03 of the Revised Code, and the	503
child's removal is necessary to prevent immediate or threatened	504
physical or emotional harm;	505

(b) There are reasonable grounds to believe that the child	506
is in immediate danger from the child's surroundings and that the	507
child's removal is necessary to prevent immediate or threatened	508
physical or emotional harm;	509

(c) There are reasonable grounds to believe that a parent,	510
guardian, custodian, or other household member of the child's	511
household has abused or neglected another child in the household	512
and to believe that the child is in danger of immediate or	513
threatened physical or emotional harm from that person.	514

(4) By an enforcement official, as defined in section	515
4109.01 of the Revised Code, under the circumstances set forth in	516
section 4109.08 of the Revised Code;	517

(5) By a law enforcement officer or duly authorized officer	518
of the court when there are reasonable grounds to believe that the	519
child has run away from the child's parents, guardian, or other	520
custodian;	521

(6) By a law enforcement officer or duly authorized officer	522
of the court when any of the following apply:	523

(a) There are reasonable grounds to believe that the	524
conduct, conditions, or surroundings of the child are endangering	525
the health, welfare, or safety of the child.	526

(b) A complaint has been filed with respect to the child	527
under section 2151.27 or 2152.021 of the Revised Code or the child	528
has been indicted under division (A) of section 2152.13 of the	529
Revised Code or charged by information as described in that	530
section and there are reasonable grounds to believe that the child	531
may abscond or be removed from the jurisdiction of the court.	532

(c) The child is required to appear in court and there are	533
reasonable grounds to believe that the child will not be brought	534
before the court when required.	535

(d) There are reasonable grounds to believe that the child	536
committed a delinquent act and that taking the child into custody	537
is necessary to protect the public interest and safety.	538

(B)(1) The taking of a child into custody is not and shall	539
not be deemed an arrest except for the purpose of determining its	540
validity under the constitution of this state or of the United	541
States.	542

(2) Except as provided in division (C) of section 2151.311	543
of the Revised Code, a child taken into custody shall not be held	544
in any state correctional institution, county, multicounty, or	545
municipal jail or workhouse, or any other place where any adult	546
convicted of crime, under arrest, or charged with crime is held.	547

(C)(1) Except as provided in division (C)(2) of this	548
section, a child taken into custody shall not be confined in a	549
place of juvenile detention or placed in shelter care prior to the	550
implementation of the court's final order of disposition, unless	551
detention or shelter care is required to protect the child from	552
immediate or threatened physical or emotional harm, because the	553
child is a danger or threat to one or more other persons, because	554
the child may abscond or be removed from the jurisdiction of the	555
court, because the child has no parents, guardian, or custodian or	556
other person able to provide supervision and care for the child	557
and return the child to the court when required, or because an	558
order for placement of the child in detention or shelter care has	559
been made by the court pursuant to this chapter.	560

(2) A child alleged to be a delinquent child who is taken	561
into custody may be confined in a place of juvenile detention	562
prior to the implementation of the court's final order of	563
disposition if the confinement is authorized under section 2152.04	564
of the Revised Code or if the child is alleged to be a serious	565
youthful offender under section 2152.13 of the Revised Code and is	566
not released on bond.	567

(D) Upon receipt of notice from a person that the person	568
intends to take an alleged abused, neglected, or dependent child	569
into custody pursuant to division (A)(3) of this section, a	570
juvenile judge or a designated referee may grant by telephone an	571
ex parte emergency order authorizing the taking of the child into	572
custody if there is probable cause to believe that any of the	573
conditions set forth in divisions (A)(3)(a) to (c) of this section	574
are present. The judge or referee shall journalize any ex parte	575
emergency order issued pursuant to this division. If an order is	576
issued pursuant to this division and the child is taken into	577
custody pursuant to the order, a sworn complaint shall be filed	578
with respect to the child before the end of the next business day	579
after the day on which the child is taken into custody and a	580
hearing shall be held pursuant to division (E) of this section and	581
the Juvenile Rules. A juvenile judge or referee shall not grant	582
an emergency order by telephone pursuant to this division until	583
after the judge or referee determines that reasonable efforts have	584
been made to notify the parents, guardian, or custodian of the	585
child that the child may be placed into shelter care and of the	586
reasons for placing the child into shelter care, except that, if	587
the requirement for notification would jeopardize the physical or	588
emotional safety of the child or result in the child being removed	589
from the court's jurisdiction, the judge or referee may issue the	590
order for taking the child into custody and placing the child into	591
shelter care prior to giving notice to the parents, guardian, or	592
custodian of the child.	593

(E) If a judge or referee pursuant to division (D) of this	594
section issues an ex parte emergency order for taking a child into	595
custody, the court shall hold a hearing to determine whether there	596
is probable cause for the emergency order. The hearing shall be	597
held before the end of the next business day after the day on	598
which the emergency order is issued, except that it shall not be	599
held later than seventy-two hours after the emergency order is	600
issued.	601

If the court determines at the hearing that there is not	602
probable cause for the issuance of the emergency order issued	603
pursuant to division (D) of this section, it shall order the child	604
released to the custody of the child's parents, guardian, or	605
custodian. If the court determines at the hearing that there is	606
probable cause for the issuance of the emergency order issued	607
pursuant to division (D) of this section, the court shall do all	608
of the following:	609

(1) Ensure that a complaint is filed or has been filed;

610

(2) Comply with section 2151.419 of the Revised Code;

611

(3) Hold a hearing pursuant to section 2151.314 of the	612
Revised Code to determine if the child should remain in shelter	613
care.	614

(F) If the court determines at the hearing held pursuant to	615
division (E) of this section that there is probable cause to	616
believe that the child is an abused child, as defined in division	617
(A) of section 2151.031 of the Revised Code, the court may do any	618
of the following:	619

(1) Upon the motion of any party, the guardian ad litem, the	620
prosecuting attorney, or an employee of the public children	621
services agency, or its own motion, issue reasonable protective	622
orders with respect to the interviewing or deposition of the	623
child;	624

(2) Order that the child's testimony be videotaped for	625
preservation of the testimony for possible use in any other	626
proceedings in the case;	627

(3) Set any additional conditions with respect to the child	628
or the case involving the child that are in the best interest of	629
the child.	630

(G) This section is not intended, and shall not be	631
construed, to prevent any person from taking a child into custody,	632
if taking the child into custody is necessary in an emergency to	633
prevent the physical injury, emotional harm, or neglect of the	634
child.	635

Section 4. That the existing versions of sections 2151.28 and	636
2151.31 that are scheduled to take effect on January 1, 2002, are	637
hereby repealed.	638

Section 5. Sections 4 and 5 of this act shall take effect on	639
January 1, 2002.	640

Section 6.  The General Assembly hereby requests the Supreme	641
Court to promptly modify Rule 29 of the Rules of Juvenile	642
Procedure pursuant to its authority under the Ohio Constitution to	643
make that rule consistent with the amendments of this act to	644
section 2151.28 of the Revised Code.	645

The General Assembly further requests the Supreme Court to	646
promptly modify Rule 7 of the Rules of Juvenile Procedure pursuant	647
to its authority under the Ohio Constitution to make that rule	648
consistent with the amendments of this act to section 2151.31 of	649
the Revised Code.	650

Section 7. (A) Section 2151.31 of the Revised Code is	652
presented in Section 1 of this act as a composite of the section	653
as amended by both Sub. H.B. 3 and Sub. H.B. 176 of the 123rd	654
General Assembly. The General Assembly, applying the principle	655
stated in division (B) of section 1.52 of the Revised Code that	656
amendments are to be harmonized if reasonably capable of	657
simultaneous operation, finds that the composite is the resulting	658
version of the section in effect prior to the effective date of	659
the section as presented in Section 1 of this act.	660

(B) Section 2151.28 of the Revised Code is presented in	661
Section 3 of this act as a composite of the section as amended by	662
both Am. Sub. S.B. 179 and Sub. S.B. 218 of the 123rd General	663
Assembly. The General Assembly, applying the principle stated in	664
division (B) of section 1.52 of the Revised Code that amendments	665
are to be harmonized if reasonably capable of simultaneous	666
operation, finds that the composite is the resulting version of	667
the section in effect prior to the effective date of the section	668
as presented in Section 3 of this act.	669