SENATORS Oelslager, Amstutz, Spada, Hottinger, Robert Gardner

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 and who is not a status

3

offender and to generally require the adjudicatory

4

hearing for a confined child to be held within 15

5

days after the complaint is filed.

6

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

Section 1.  That sections 2151.28 and 2151.31 of the Revised	7
Code be amended to read as follows:	8

Sec. 2151.28.  (A) No later than seventy-two hours after the	9
complaint is filed, the court shall fix a time for an adjudicatory	10
hearing. The court shall conduct the adjudicatory hearing within	11
one of the following periods of time:	12

(1) Subject to division (D) of section 2152.13 of the	13
Revised Code and division (A)(3) of this section, if the complaint	14
alleged that the child violated section 2151.87 of the Revised	15
Code or is a delinquent or unruly child or a juvenile traffic	16
offender, the adjudicatory hearing shall be held and may be	17
continued in accordance with the Juvenile Rules.	18

(2) If the complaint alleged that the child is an abused,	19
neglected, or dependent child, the adjudicatory hearing shall be	20
held no later than thirty days after the complaint is filed,	21
except that, for good cause shown, the court may continue the	22
adjudicatory hearing for either of the following periods of time:	23

(a) For ten days beyond the thirty-day deadline to allow any	24
party to obtain counsel;	25

(b) For a reasonable period of time beyond the thirty-day	26
deadline to obtain service on all parties or any necessary	27
evaluation, except that the adjudicatory hearing shall not be held	28
later than sixty days after the date on which the complaint was	29
filed.	30

(3) If the child who is the subject of the complaint is in	31
detention and is charged with violating a section of the Revised	32
Code that may be violated by an adult, the hearing shall be held	33
not later than fifteen days after the filing of the complaint.	34
Upon a showing of good cause, the adjudicatory hearing may be	35
continued and detention extended.	36

(B) At an adjudicatory hearing held pursuant to division	37
(A)(2) of this section, the court, in addition to determining	38
whether the child is an abused, neglected, or dependent child,	39
shall determine whether the child should remain or be placed in	40
shelter care until the dispositional hearing. When the court	41
makes the shelter care determination, all of the following apply:	42

(1) The court shall determine whether there are any	43
relatives of the child who are willing to be temporary custodians	44
of the child. If any relative is willing to be a temporary	45
custodian, the child otherwise would remain or be placed in	46
shelter care, and the appointment is appropriate, the court shall	47
appoint the relative as temporary custodian of the child, unless	48
the court appoints another relative as custodian. If it	49
determines that the appointment of a relative as custodian would	50
not be appropriate, it shall issue a written opinion setting forth	51
the reasons for its determination and give a copy of the opinion	52
to all parties and the guardian ad litem of the child.	53

The court's consideration of a relative for appointment as a	54
temporary custodian does not make that relative a party to the	55
proceedings.	56

(2) The court shall comply with section 2151.419 of the	57
Revised Code.	58

(3) The court shall schedule the date for the dispositional	59
hearing to be held pursuant to section 2151.35 of the Revised	60
Code. The parents of the child have a right to be represented by	61
counsel; however, in no case shall the dispositional hearing be	62
held later than ninety days after the date on which the complaint	63
was filed.	64

(C)(1) The court shall direct the issuance of a summons	65
directed to the child except as provided by this section, the	66
parents, guardian, custodian, or other person with whom the child	67
may be, and any other persons that appear to the court to be	68
proper or necessary parties to the proceedings, requiring them to	69
appear before the court at the time fixed to answer the	70
allegations of the complaint. The summons shall contain the name	71
and telephone number of the court employee designated by the court	72
pursuant to section 2151.314 of the Revised Code to arrange for	73
the prompt appointment of counsel for indigent persons. A child	74
alleged to be an abused, neglected, or dependent child shall not	75
be summoned unless the court so directs. A summons issued for a	76
child who is under fourteen years of age and who is alleged to be	77
a delinquent child, unruly child, or a juvenile traffic offender	78
shall be served on the parent, guardian, or custodian of the child	79
in the child's behalf.	80

If the person who has physical custody of the child, or with	81
whom the child resides, is other than the parent or guardian, then	82
the parents and guardian also shall be summoned. A copy of the	83
complaint shall accompany the summons.	84

(2) In lieu of appearing before the court at the time fixed	85
in the summons and prior to the date fixed for appearance in the	86
summons, a child who is alleged to have violated section 2151.87	87
of the Revised Code and that child's parent, guardian, or	88
custodian may sign a waiver of appearance before the clerk of the	89
juvenile court and pay a fine of one hundred dollars. If the	90
child and that child's parent, guardian, or custodian do not waive	91
the court appearance, the court shall proceed with the	92
adjudicatory hearing as provided in this section.	93

(D) If the complaint contains a prayer for permanent	94
custody, temporary custody, whether as the preferred or an	95
alternative disposition, or a planned permanent living arrangement	96
in a case involving an alleged abused, neglected, or dependent	97
child, the summons served on the parents shall contain as is	98
appropriate an explanation that the granting of permanent custody	99
permanently divests the parents of their parental rights and	100
privileges, an explanation that an adjudication that the child is	101
an abused, neglected, or dependent child may result in an order of	102
temporary custody that will cause the removal of the child from	103
their legal custody until the court terminates the order of	104
temporary custody or permanently divests the parents of their	105
parental rights, or an explanation that the issuance of an order	106
for a planned permanent living arrangement will cause the removal	107
of the child from the legal custody of the parents if any of the	108
conditions listed in divisions (A)(5)(a) to (c) of section	109
2151.353 of the Revised Code are found to exist.	110

(E)(1) Except as otherwise provided in division (E)(2) of	111
this section, the court may endorse upon the summons an order	112
directing the parents, guardian, or other person with whom the	113
child may be to appear personally at the hearing and directing the	114
person having the physical custody or control of the child to	115
bring the child to the hearing.	116

(2) In cases in which the complaint alleges that a child is	117
an unruly or delinquent child for being an habitual or chronic	118
truant and that the parent, guardian, or other person having care	119
of the child has failed to cause the child's attendance at school,	120
the court shall endorse upon the summons an order directing the	121
parent, guardian, or other person having care of the child to	122
appear personally at the hearing and directing the person having	123
the physical custody or control of the child to bring the child to	124
the hearing.	125

(F)(1) The summons shall contain a statement advising that	126
any party is entitled to counsel in the proceedings and that the	127
court will appoint counsel or designate a county public defender	128
or joint county public defender to provide legal representation if	129
the party is indigent.	130

(2) In cases in which the complaint alleges a child to be an	131
abused, neglected, or dependent child and no hearing has been	132
conducted pursuant to division (A) of section 2151.314 of the	133
Revised Code with respect to the child or a parent, guardian, or	134
custodian of the child does not attend the hearing, the summons	135
also shall contain a statement advising that a case plan may be	136
prepared for the child, the general requirements usually contained	137
in case plans, and the possible consequences of failure to comply	138
with a journalized case plan.	139

(G) If it appears from an affidavit filed or from sworn	140
testimony before the court that the conduct, condition, or	141
surroundings of the child are endangering the child's health or	142
welfare or those of others, that the child may abscond or be	143
removed from the jurisdiction of the court, or that the child will	144
not be brought to the court, notwithstanding the service of the	145
summons, the court may endorse upon the summons an order that a	146
law enforcement officer serve the summons and take the child into	147
immediate custody and bring the child forthwith to the court.	148

(H) A party, other than the child, may waive service of	149
summons by written stipulation.	150

(I) Before any temporary commitment is made permanent, the	151
court shall fix a time for hearing in accordance with section	152
2151.414 of the Revised Code and shall cause notice by summons to	153
be served upon the parent or guardian of the child and the	154
guardian ad litem of the child, or published, as provided in	155
section 2151.29 of the Revised Code. The summons shall contain an	156
explanation that the granting of permanent custody permanently	157
divests the parents of their parental rights and privileges.	158

(J) Any person whose presence is considered necessary and	159
who is not summoned may be subpoenaed to appear and testify at the	160
hearing. Anyone summoned or subpoenaed to appear who fails to do	161
so may be punished, as in other cases in the court of common	162
pleas, for contempt of court. Persons subpoenaed shall be paid	163
the same witness fees as are allowed in the court of common pleas.	164

(K) The failure of the court to hold an adjudicatory hearing	165
within any time period set forth in division (A)(2) of this	166
section does not affect the ability of the court to issue any	167
order under this chapter and does not provide any basis for	168
attacking the jurisdiction of the court or the validity of any	169
order of the court.	170

(L) If the court, at an adjudicatory hearing held pursuant	171
to division (A) of this section upon a complaint alleging that a	172
child is an abused, neglected, dependent, delinquent, or unruly	173
child or a juvenile traffic offender, determines that the child is	174
a dependent child, the court shall incorporate that determination	175
into written findings of fact and conclusions of law and enter	176
those findings of fact and conclusions of law in the record of the	177
case. The court shall include in those findings of fact and	178
conclusions of law specific findings as to the existence of any	179
danger to the child and any underlying family problems that are	180
the basis for the court's determination that the child is a	181
dependent child.	182

Sec. 2151.31.  (A) A child may be taken into custody in any	183
of the following ways:	184

(1) Pursuant to an order of the court under this chapter or	185
pursuant to an order of the court upon a motion filed pursuant to	186
division (B) of section 2930.05 of the Revised Code;	187

(2) Pursuant to the laws of arrest;

188

(3) By a law enforcement officer or duly authorized officer	189
of the court when any of the following conditions are present:	190

(a) There are reasonable grounds to believe that the child	191
is suffering from illness or injury and is not receiving proper	192
care, as described in section 2151.03 of the Revised Code, and the	193
child's removal is necessary to prevent immediate or threatened	194
physical or emotional harm;	195

(b) There are reasonable grounds to believe that the child	196
is in immediate danger from the child's surroundings and that the	197
child's removal is necessary to prevent immediate or threatened	198
physical or emotional harm;	199

(c) There are reasonable grounds to believe that a parent,	200
guardian, custodian, or other household member of the child's	201
household has abused or neglected another child in the household	202
and to believe that the child is in danger of immediate or	203
threatened physical or emotional harm from that person.	204

(4) By an enforcement official, as defined in section	205
4109.01 of the Revised Code, under the circumstances set forth in	206
section 4109.08 of the Revised Code;	207

(5) By a law enforcement officer or duly authorized officer	208
of the court when there are reasonable grounds to believe that the	209
child has run away from the child's parents, guardian, or other	210
custodian;	211

(6) By a law enforcement officer or duly authorized officer	212
of the court when any of the following apply:	213

(a) There are reasonable grounds to believe that the	214
conduct, conditions, or surroundings of the child are endangering	215
the health, welfare, or safety of the child.	216

(b) A complaint has been filed with respect to the child	217
under section 2151.27 or 2152.021 of the Revised Code or the child	218
has been indicted under division (A) of section 2152.13 of the	219
Revised Code or charged by information as described in that	220
section and there are reasonable grounds to believe that the child	221
may abscond or be removed from 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

(d) There are reasonable grounds to believe that the child	226
committed a delinquent act and that taking the child into custody	227
is necessary to protect the public interest and safety.	228

(B)(1) The taking of a child into custody is not and shall	229
not be deemed an arrest except for the purpose of determining its	230
validity under the constitution of this state or of the United	231
States.	232

(2) Except as provided in division (C) of section 2151.311	233
of the Revised Code, a child taken into custody shall not be held	234
in any state correctional institution, county, multicounty, or	235
municipal jail or workhouse, or any other place where any adult	236
convicted of crime, under arrest, or charged with crime is held.	237

(C)(1) Except as provided in division (C)(2) of this	238
section, a child taken into custody shall not be confined in a	239
place of juvenile detention or placed in shelter care prior to the	240
implementation of the court's final order of disposition, unless	241
detention or shelter care is required to protect the child from	242
immediate or threatened physical or emotional harm, because the	243
child is a danger or threat to one or more other persons and is	244
charged with violating a section of the Revised Code that may be	245
violated by an adult, because the child may abscond or be removed	246
from the jurisdiction of the court, because the child has no	247
parents, guardian, or custodian or other person able to provide	248
supervision and care for the child and return the child to the	249
court when required, or because an order for placement of the	250
child in detention or shelter care has been made by the court	251
pursuant to this chapter.	252

(2) A child alleged to be a delinquent child who is taken	253
into custody may be confined in a place of juvenile detention	254
prior to the implementation of the court's final order of	255
disposition if the confinement is authorized under section 2152.04	256
of the Revised Code or if the child is alleged to be a serious	257
youthful offender under section 2152.13 of the Revised Code and is	258
not released on bond.	259

(D) Upon receipt of notice from a person that the person	260
intends to take an alleged abused, neglected, or dependent child	261
into custody pursuant to division (A)(3) of this section, a	262
juvenile judge or a designated referee may grant by telephone an	263
ex parte emergency order authorizing the taking of the child into	264
custody if there is probable cause to believe that any of the	265
conditions set forth in divisions (A)(3)(a) to (c) of this section	266
are present. The judge or referee shall journalize any ex parte	267
emergency order issued pursuant to this division. If an order is	268
issued pursuant to this division and the child is taken into	269
custody pursuant to the order, a sworn complaint shall be filed	270
with respect to the child before the end of the next business day	271
after the day on which the child is taken into custody and a	272
hearing shall be held pursuant to division (E) of this section and	273
the Juvenile Rules. A juvenile judge or referee shall not grant	274
an emergency order by telephone pursuant to this division until	275
after the judge or referee determines that reasonable efforts have	276
been made to notify the parents, guardian, or custodian of the	277
child that the child may be placed into shelter care and of the	278
reasons for placing the child into shelter care, except that, if	279
the requirement for notification would jeopardize the physical or	280
emotional safety of the child or result in the child being removed	281
from the court's jurisdiction, the judge or referee may issue the	282
order for taking the child into custody and placing the child into	283
shelter care prior to giving notice to the parents, guardian, or	284
custodian of the child.	285

(E) If a judge or referee pursuant to division (D) of this	286
section issues an ex parte emergency order for taking a child into	287
custody, the court shall hold a hearing to determine whether there	288
is probable cause for the emergency order. The hearing shall be	289
held before the end of the next business day after the day on	290
which the emergency order is issued, except that it shall not be	291
held later than seventy-two hours after the emergency order is	292
issued.	293

If the court determines at the hearing that there is not	294
probable cause for the issuance of the emergency order issued	295
pursuant to division (D) of this section, it shall order the child	296
released to the custody of the child's parents, guardian, or	297
custodian. If the court determines at the hearing that there is	298
probable cause for the issuance of the emergency order issued	299
pursuant to division (D) of this section, the court shall do all	300
of the following:	301

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

302

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

303

(3) Hold a hearing pursuant to section 2151.314 of the	304
Revised Code to determine if the child should remain in shelter	305
care.	306

(F) If the court determines at the hearing held pursuant to	307
division (E) of this section that there is probable cause to	308
believe that the child is an abused child, as defined in division	309
(A) of section 2151.031 of the Revised Code, the court may do any	310
of the following:	311

(1) Upon the motion of any party, the guardian ad litem, the	312
prosecuting attorney, or an employee of the public children	313
services agency, or its own motion, issue reasonable protective	314
orders with respect to the interviewing or deposition of the	315
child;	316

(2) Order that the child's testimony be videotaped for	317
preservation of the testimony for possible use in any other	318
proceedings in the case;	319

(3) Set any additional conditions with respect to the child	320
or the case involving the child that are in the best interest of	321
the child.	322

(G) This section is not intended, and shall not be	323
construed, to prevent any person from taking a child into custody,	324
if taking the child into custody is necessary in an emergency to	325
prevent the physical injury, emotional harm, or neglect of the	326
child.	327

Section 2.  That existing sections 2151.28 and 2151.31 of	328
the Revised Code are hereby repealed.	329

Section 3.  The General Assembly hereby requests the Supreme	330
Court to promptly modify Rule 29 of the Rules of Juvenile	331
Procedure pursuant to its authority under the Ohio Constitution to	332
make that rule consistent with the amendments of this act to	333
section 2151.28 of the Revised Code.	334

The General Assembly further requests the Supreme Court to	335
promptly modify Rule 7 of the Rules of Juvenile Procedure pursuant	336
to its authority under the Ohio Constitution to make that rule	337
consistent with the amendments of this act to section 2151.31 of	338
the Revised Code.	339

Section 4. Section 2151.28 of the Revised Code is presented	341
in this act as a composite of the section as amended by both Am.	342
Sub. S.B. 179 and Sub. S.B. 218 of the 123rd General Assembly. The	343
General Assembly, applying the principle stated in division (B) of	344
section 1.52 of the Revised Code that amendments are to be	345
harmonized if reasonably capable of simultaneous operation, finds	346
that the composite is the resulting version of the section in	347
effect prior to the effective date of this act.	348