REPRESENTATIVES Faber, Willamowski, Hoops, Latta, Young, Webster, Schmidt, Husted, Lendrum, Schaffer

To amend sections 2151.011, 2151.35, 2151.354,

1

2151.359, 2152.02, 2152.19, 2152.21, 2152.26,

2

2152.41, and 2152.74 of the Revised Code to

3

specifically permit the confinement of adjudicated

4

delinquent children in a juvenile detention

5

facility and the confinement of a person under a

6

disposition imposed for a delinquent child or

7

juvenile traffic offender disposition, after the

8

person attains 18 years of age, in a facility other

9

than one for juveniles.

10

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

Section 1. That sections 2151.011, 2151.35, 2151.354,	11
2151.359, 2152.02, 2152.19, 2152.21, 2152.26, 2152.41, and 2152.74	12
of the Revised Code be amended to read as follows:	13

Sec. 2151.011.  (A) As used in the Revised Code:

14

(1) "Juvenile court" means whichever of the following is	15
applicable that has jurisdiction under this chapter and Chapter	16
2152. of the Revised Code:	17

(a) The division of the court of common pleas specified in	18
section 2101.022 or 2301.03 of the Revised Code as having	19
jurisdiction under this chapter and Chapter 2152. of the Revised	20
Code or as being the juvenile division or the juvenile division	21
combined with one or more other divisions;	22

(b) The juvenile court of Cuyahoga county or Hamilton county	23
that is separately and independently created by section 2151.08	24
or Chapter 2153. of the Revised Code and that has jurisdiction	25
under this chapter and Chapter 2152. of the Revised Code;	26

(c) If division (A)(1)(a) or (b) of this section does not	27
apply, the probate division of the court of common pleas.	28

(2) "Juvenile judge" means a judge of a court having	29
jurisdiction under this chapter.	30

(3) "Private child placing agency" means any association, as	31
defined in section 5103.02 of the Revised Code, that is certified	32
under section 5103.03 of the Revised Code to accept temporary,	33
permanent, or legal custody of children and place the children for	34
either foster care or adoption.	35

(4) "Private noncustodial agency" means any person,	36
organization, association, or society certified by the department	37
of job and family services that does not accept temporary or	38
permanent legal custody of children, that is privately operated in	39
this state, and that does one or more of the following:	40

(a) Receives and cares for children for two or more	41
consecutive weeks;	42

(b) Participates in the placement of children in certified	43
foster homes;	44

(c) Provides adoption services in conjunction with a public	45
children services agency or private child placing agency.	46

(B) As used in this chapter:

47

(1) "Adequate parental care" means the provision by a	48
child's parent or parents, guardian, or custodian of adequate	49
food, clothing, and shelter to ensure the child's health and	50
physical safety and the provision by a child's parent or parents	51
of specialized services warranted by the child's physical or	52
mental needs.	53

(2) "Adult" means an individual who is eighteen years of age	54
or older.	55

(3) "Agreement for temporary custody" means a voluntary	56
agreement authorized by section 5103.15 of the Revised Code that	57
transfers the temporary custody of a child to a public children	58
services agency or a private child placing agency.	59

(4) "Certified foster home" means a foster home, as defined	60
in section 5103.02 of the Revised Code, certified under section	61
5103.03 of the Revised Code.	62

(5) "Child" means a person who is under eighteen years of	63
age, except that the juvenile court has jurisdiction over any	64
person who is adjudicated an unruly child prior to attaining	65
eighteen years of age until the person attains twenty-one years of	66
age, and, for purposes of that jurisdiction related to that	67
adjudication, a person who is so adjudicated an unruly child shall	68
be deemed a "child" until the person attains twenty-one years of	69
age.	70

(6) "Child day camp," "child day-care," "child day-care	71
center," "part-time child day-care center," "type A family	72
day-care home," "certified type B family day-care home," "type B	73
home," "administrator of a child day-care center," "administrator	74
of a type A family day-care home," "in-home aide," and "authorized	75
provider" have the same meanings as in section 5104.01 of the	76
Revised Code.	77

(7) "Child day-care provider" means an individual who is a	78
child-care staff member or administrator of a child day-care	79
center, a type A family day-care home, or a type B family day-care	80
home, or an in-home aide or an individual who is licensed, is	81
regulated, is approved, operates under the direction of, or	82
otherwise is certified by the department of job and family	83
services, department of mental retardation and developmental	84
disabilities, or the early childhood programs of the department of	85
education.	86

(8) "Chronic truant" has the same meaning as in section	87
2152.02 of the Revised Code.	88

(9) "Commit" means to vest custody as ordered by the court.

89

(10) "Counseling" includes both of the following:

90

(a) General counseling services performed by a public	91
children services agency or shelter for victims of domestic	92
violence to assist a child, a child's parents, and a child's	93
siblings in alleviating identified problems that may cause or have	94
caused the child to be an abused, neglected, or dependent child.	95

(b) Psychiatric or psychological therapeutic counseling	96
services provided to correct or alleviate any mental or emotional	97
illness or disorder and performed by a licensed psychiatrist,	98
licensed psychologist, or a person licensed under Chapter 4757. of	99
the Revised Code to engage in social work or professional	100
counseling.	101

(11) "Custodian" means a person who has legal custody of a	102
child or a public children services agency or private child	103
placing agency that has permanent, temporary, or legal custody of	104
a child.	105

(12) "Delinquent child" has the same meaning as in section	106
2152.02 of the Revised Code.	107

(13) "Detention" means the temporary care of children	108
pending court adjudication or disposition, or execution of a court	109
order, in a public or private facility designed to physically	110
restrict the movement and activities of children.	111

(14) "Developmental disability" has the same meaning as in	112
section 5123.01 of the Revised Code.	113

(15) "Foster caregiver" has the same meaning as in section	114
5103.02 of the Revised Code.	115

(16) "Guardian" means a person, association, or corporation	116
that is granted authority by a probate court pursuant to Chapter	117
2111. of the Revised Code to exercise parental rights over a child	118
to the extent provided in the court's order and subject to the	119
residual parental rights of the child's parents.	120

(17) "Habitual truant" means any child of compulsory school	121
age who is absent without legitimate excuse for absence from the	122
public school the child is supposed to attend for five or more	123
consecutive school days, seven or more school days in one school	124
month, or twelve or more school days in a school year.	125

(18) "Juvenile traffic offender" has the same meaning as in	126
section 2152.02 of the Revised Code.	127

(19) "Legal custody" means a legal status that vests in the	128
custodian the right to have physical care and control of the child	129
and to determine where and with whom the child shall live, and the	130
right and duty to protect, train, and discipline the child and to	131
provide the child with food, shelter, education, and medical care,	132
all subject to any residual parental rights, privileges, and	133
responsibilities. An individual granted legal custody shall	134
exercise the rights and responsibilities personally unless	135
otherwise authorized by any section of the Revised Code or by the	136
court.	137

(20) A "legitimate excuse for absence from the public school	138
the child is supposed to attend" includes, but is not limited to,	139
any of the following:	140

(a) The fact that the child in question has enrolled in and	141
is attending another public or nonpublic school in this or another	142
state;	143

(b) The fact that the child in question is excused from	144
attendance at school for any of the reasons specified in section	145
3321.04 of the Revised Code;	146

(c) The fact that the child in question has received an age	147
and schooling certificate in accordance with section 3331.01 of	148
the Revised Code.	149

(21) "Mental illness" and "mentally ill person subject to	150
hospitalization by court order" have the same meanings as in	151
section 5122.01 of the Revised Code.	152

(22) "Mental injury" means any behavioral, cognitive,	153
emotional, or mental disorder in a child caused by an act or	154
omission that is described in section 2919.22 of the Revised Code	155
and is committed by the parent or other person responsible for the	156
child's care.	157

(23) "Mentally retarded person" has the same meaning as in	158
section 5123.01 of the Revised Code.	159

(24) "Nonsecure care, supervision, or training" means care,	160
supervision, or training of a child in a facility that does not	161
confine or prevent movement of the child within the facility or	162
from the facility.	163

(25) "Of compulsory school age" has the same meaning as in	164
section 3321.01 of the Revised Code.	165

(26) "Organization" means any institution, public,	166
semipublic, or private, and any private association, society, or	167
agency located or operating in the state, incorporated or	168
unincorporated, having among its functions the furnishing of	169
protective services or care for children, or the placement of	170
children in certified foster homes or elsewhere.	171

(27) "Out-of-home care" means detention facilities, shelter	172
facilities, certified foster homes, placement in a prospective	173
adoptive home prior to the issuance of a final decree of adoption,	174
organizations, certified organizations, child day-care centers,	175
type A family day-care homes, child day-care provided by type B	176
family day-care home providers and by in-home aides, group home	177
providers, group homes, institutions, state institutions,	178
residential facilities, residential care facilities, residential	179
camps, day camps, hospitals, and medical clinics that are	180
responsible for the care, physical custody, or control of	181
children.	182

(28) "Out-of-home care child abuse" means any of the	183
following when committed by a person responsible for the care of a	184
child in out-of-home care:	185

(a) Engaging in sexual activity with a child in the person's	186
care;	187

(b) Denial to a child, as a means of punishment, of proper	188
or necessary subsistence, education, medical care, or other care	189
necessary for a child's health;	190

(c) Use of restraint procedures on a child that cause injury	191
or pain;	192

(d) Administration of prescription drugs or psychotropic	193
medication to the child without the written approval and ongoing	194
supervision of a licensed physician;	195

(e) Commission of any act, other than by accidental means,	196
that results in any injury to or death of the child in out-of-home	197
care or commission of any act by accidental means that results in	198
an injury to or death of a child in out-of-home care and that is	199
at variance with the history given of the injury or death.	200

(29) "Out-of-home care child neglect" means any of the	201
following when committed by a person responsible for the care of a	202
child in out-of-home care:	203

(a) Failure to provide reasonable supervision according to	204
the standards of care appropriate to the age, mental and physical	205
condition, or other special needs of the child;	206

(b) Failure to provide reasonable supervision according to	207
the standards of care appropriate to the age, mental and physical	208
condition, or other special needs of the child, that results in	209
sexual or physical abuse of the child by any person;	210

(c) Failure to develop a process for all of the following:

211

(i) Administration of prescription drugs or psychotropic	212
drugs for the child;	213

(ii) Assuring that the instructions of the licensed	214
physician who prescribed a drug for the child are followed;	215

(iii) Reporting to the licensed physician who prescribed the	216
drug all unfavorable or dangerous side effects from the use of the	217
drug.	218

(d) Failure to provide proper or necessary subsistence,	219
education, medical care, or other individualized care necessary	220
for the health or well-being of the child;	221

(e) Confinement of the child to a locked room without	222
monitoring by staff;	223

(f) Failure to provide ongoing security for all prescription	224
and nonprescription medication;	225

(g) Isolation of a child for a period of time when there is	226
substantial risk that the isolation, if continued, will impair or	227
retard the mental health or physical well-being of the child.	228

(30) "Permanent custody" means a legal status that vests in	229
a public children services agency or a private child placing	230
agency, all parental rights, duties, and obligations, including	231
the right to consent to adoption, and divests the natural parents	232
or adoptive parents of all parental rights, privileges, and	233
obligations, including all residual rights and obligations.	234

(31) "Permanent surrender" means the act of the parents or,	235
if a child has only one parent, of the parent of a child, by a	236
voluntary agreement authorized by section 5103.15 of the Revised	237
Code, to transfer the permanent custody of the child to a public	238
children services agency or a private child placing agency.	239

(32) "Person responsible for a child's care in out-of-home	240
care" means any of the following:	241

(a) Any foster caregiver, in-home aide, or provider;

242

(b) Any administrator, employee, or agent of any of the	243
following: a public or private detention facility; shelter	244
facility; organization; certified organization; child day-care	245
center; type A family day-care home; certified type B family	246
day-care home; group home; institution; state institution;	247
residential facility; residential care facility; residential camp;	248
day camp; hospital; or medical clinic;	249

(c) Any other person who performs a similar function with	250
respect to, or has a similar relationship to, children.	251

(33) "Physically impaired" means having one or more of the	252
following conditions that substantially limit one or more of an	253
individual's major life activities, including self-care, receptive	254
and expressive language, learning, mobility, and self-direction:	255

(a) A substantial impairment of vision, speech, or hearing;

256

(b) A congenital orthopedic impairment;

257

(c) An orthopedic impairment caused by disease, rheumatic	258
fever or any other similar chronic or acute health problem, or	259
amputation or another similar cause.	260

(34) "Placement for adoption" means the arrangement by a	261
public children services agency or a private child placing agency	262
with a person for the care and adoption by that person of a child	263
of whom the agency has permanent custody.	264

(35) "Placement in foster care" means the arrangement by a	265
public children services agency or a private child placing agency	266
for the out-of-home care of a child of whom the agency has	267
temporary custody or permanent custody.	268

(36) "Planned permanent living arrangement" means an order	269
of a juvenile court pursuant to which both of the following apply:	270

(a) The court gives legal custody of a child to a public	271
children services agency or a private child placing agency without	272
the termination of parental rights.	273

(b) The order permits the agency to make an appropriate	274
placement of the child and to enter into a written agreement with	275
a foster care provider or with another person or agency with whom	276
the child is placed.	277

(37) "Practice of social work" and "practice of professional	278
counseling" have the same meanings as in section 4757.01 of the	279
Revised Code.	280

(38) "Sanction, service, or condition" means a sanction,	281
service, or condition created by court order following an	282
adjudication that a child is an unruly child that is described in	283
division (A)(3)(4) of section 2152.19 of the Revised Code.	284

(39) "Protective supervision" means an order of disposition	285
pursuant to which the court permits an abused, neglected,	286
dependent, or unruly child to remain in the custody of the	287
child's parents, guardian, or custodian and stay in the child's	288
home, subject to any conditions and limitations upon the child,	289
the child's parents, guardian, or custodian, or any other person	290
that the court prescribes, including supervision as directed by	291
the court for the protection of the child.	292

(40) "Psychiatrist" has the same meaning as in section	293
5122.01 of the Revised Code.	294

(41) "Psychologist" has the same meaning as in section	295
4732.01 of the Revised Code.	296

(42) "Residential camp" means a program in which the care,	297
physical custody, or control of children is accepted overnight for	298
recreational or recreational and educational purposes.	299

(43) "Residential care facility" means an institution,	300
residence, or facility that is licensed by the department of	301
mental health under section 5119.22 of the Revised Code and that	302
provides care for a child.	303

(44) "Residential facility" means a home or facility that is	304
licensed by the department of mental retardation and developmental	305
disabilities under section 5123.19 of the Revised Code and in	306
which a child with a developmental disability resides.	307

(45) "Residual parental rights, privileges, and	308
responsibilities" means those rights, privileges, and	309
responsibilities remaining with the natural parent after the	310
transfer of legal custody of the child, including, but not	311
necessarily limited to, the privilege of reasonable visitation,	312
consent to adoption, the privilege to determine the child's	313
religious affiliation, and the responsibility for support.	314

(46) "School day" means the school day established by the	315
state board of education pursuant to section 3313.48 of the	316
Revised Code.	317

(47) "School month" and "school year" have the same meanings	318
as in section 3313.62 of the Revised Code.	319

(48) "Secure correctional facility" means a facility under	320
the direction of the department of youth services that is designed	321
to physically restrict the movement and activities of children and	322
used for the placement of children after adjudication and	323
disposition.	324

(49) "Sexual activity" has the same meaning as in section	325
2907.01 of the Revised Code.	326

(50) "Shelter" means the temporary care of children in	327
physically unrestricted facilities pending court adjudication or	328
disposition.	329

(51) "Shelter for victims of domestic violence" has the same	330
meaning as in section 3113.33 of the Revised Code.	331

(52) "Temporary custody" means legal custody of a child who	332
is removed from the child's home, which custody may be terminated	333
at any time at the discretion of the court or, if the legal	334
custody is granted in an agreement for temporary custody, by the	335
person who executed the agreement.	336

(C) For the purposes of this chapter, a child shall be	337
presumed abandoned when the parents of the child have failed to	338
visit or maintain contact with the child for more than ninety	339
days, regardless of whether the parents resume contact with the	340
child after that period of ninety days.	341

Sec. 2151.35.  (A)(1) Except as otherwise provided by	342
division (A)(3) of this section or in section 2152.13 of the	343
Revised Code, the juvenile court may conduct its hearings in an	344
informal manner and may adjourn its hearings from time to time.	345
The court may exclude the general public from its hearings in a	346
particular case if the court holds a separate hearing to determine	347
whether that exclusion is appropriate. If the court decides that	348
exclusion of the general public is appropriate, the court still	349
may admit to a particular hearing or all of the hearings relating	350
to a particular case those persons who have a direct interest in	351
the case and those who demonstrate that their need for access	352
outweighs the interest in keeping the hearing closed.	353

Except cases involving children who are alleged to be unruly	354
or delinquent children for being habitual or chronic truants and	355
except as otherwise provided in section 2152.13 of the Revised	356
Code, all cases involving children shall be heard separately and	357
apart from the trial of cases against adults. The court may	358
excuse the attendance of the child at the hearing in cases	359
involving abused, neglected, or dependent children. The court	360
shall hear and determine all cases of children without a jury,	361
except cases involving serious youthful offenders under section	362
2152.13 of the Revised Code.	363

If a complaint alleges a child to be a delinquent child,	364
unruly child, or juvenile traffic offender, the court shall	365
require the parent, guardian, or custodian of the child to attend	366
all proceedings of the court regarding the child. If a parent,	367
guardian, or custodian fails to so attend, the court may find the	368
parent, guardian, or custodian in contempt.	369

If the court finds from clear and convincing evidence that	370
the child violated section 2151.87 of the Revised Code, the court	371
shall proceed in accordance with divisions (F) and (G) of that	372
section.	373

If the court at the adjudicatory hearing finds from clear and	374
convincing evidence that the child is an abused, neglected, or	375
dependent child, the court shall proceed, in accordance with	376
division (B) of this section, to hold a dispositional hearing and	377
hear the evidence as to the proper disposition to be made under	378
section 2151.353 of the Revised Code. If the court at the	379
adjudicatory hearing finds beyond a reasonable doubt that the	380
child is a delinquent or unruly child or a juvenile traffic	381
offender, the court shall proceed immediately, or at a postponed	382
hearing, to hear the evidence as to the proper disposition to be	383
made under section 2151.354 or Chapter 2152. of the Revised Code.	384
If the court at the adjudicatory hearing finds beyond a reasonable	385
doubt that the child is an unruly child for being an habitual	386
truant, or that the child is an unruly child for being an habitual	387
truant and that the parent, guardian, or other person having care	388
of the child has failed to cause the child's attendance at school	389
in violation of section 3321.38 of the Revised Code, the court	390
shall proceed to hold a hearing to hear the evidence as to the	391
proper disposition to be made in regard to the child under	392
division (C)(1) of section 2151.354 of the Revised Code and the	393
proper action to take in regard to the parent, guardian, or other	394
person having care of the child under division (C)(2) of section	395
2151.354 of the Revised Code. If the court at the adjudicatory	396
hearing finds beyond a reasonable doubt that the child is a	397
delinquent child for being a chronic truant or for being an	398
habitual truant who previously has been adjudicated an unruly	399
child for being an habitual truant, or that the child is a	400
delinquent child for either of those reasons and the parent,	401
guardian, or other person having care of the child has failed to	402
cause the child's attendance at school in violation of section	403
3321.38 of the Revised Code, the court shall proceed to hold a	404
hearing to hear the evidence as to the proper disposition to be	405
made in regard to the child under division (A)(6)(7)(a) of section	406
2152.19 of the Revised Code and the proper action to take in	407
regard to the parent, guardian, or other person having care of the	408
child under division (A)(6)(7)(b) of section 2152.19 of the	409
Revised Code.	410

If the court does not find the child to have violated section	411
2151.87 of the Revised Code or to be an abused, neglected,	412
dependent, delinquent, or unruly child or a juvenile traffic	413
offender, it shall order that the case be dismissed and that the	414
child be discharged from any detention or restriction theretofore	415
ordered.	416

(2) A record of all testimony and other oral proceedings in	417
juvenile court shall be made in all proceedings that are held	418
pursuant to section 2151.414 of the Revised Code or in which an	419
order of disposition may be made pursuant to division (A)(4) of	420
section 2151.353 of the Revised Code, and shall be made upon	421
request in any other proceedings. The record shall be made as	422
provided in section 2301.20 of the Revised Code.	423

(3) The authority of a juvenile court to exclude the general	424
public from its hearings that is provided by division (A)(1) of	425
this section does not limit or affect any right of a victim of a	426
crime or delinquent act, or of a victim's representative, under	427
Chapter 2930. of the Revised Code.	428

(B)(1) If the court at an adjudicatory hearing determines	429
that a child is an abused, neglected, or dependent child, the	430
court shall not issue a dispositional order until after the court	431
holds a separate dispositional hearing. The court may hold the	432
dispositional hearing for an adjudicated abused, neglected, or	433
dependent child immediately after the adjudicatory hearing if all	434
parties were served prior to the adjudicatory hearing with all	435
documents required for the dispositional hearing. The	436
dispositional hearing may not be held more than thirty days after	437
the adjudicatory hearing is held. The court, upon the request of	438
any party or the guardian ad litem of the child, may continue a	439
dispositional hearing for a reasonable time not to exceed the time	440
limits set forth in this division to enable a party to obtain or	441
consult counsel. The dispositional hearing shall not be held more	442
than ninety days after the date on which the complaint in the case	443
was filed.	444

If the dispositional hearing is not held within the period of	445
time required by this division, the court, on its own motion or	446
the motion of any party or the guardian ad litem of the child,	447
shall dismiss the complaint without prejudice.	448

(2) The dispositional hearing shall be conducted in	449
accordance with all of the following:	450

(a) The judge or referee who presided at the adjudicatory	451
hearing shall preside, if possible, at the dispositional hearing;	452

(b) The court may admit any evidence that is material and	453
relevant, including, but not limited to, hearsay, opinion, and	454
documentary evidence;	455

(c) Medical examiners and each investigator who prepared a	456
social history shall not be cross-examined, except upon consent of	457
the parties, for good cause shown, or as the court in its	458
discretion may direct. Any party may offer evidence	459
supplementing, explaining, or disputing any information contained	460
in the social history or other reports that may be used by the	461
court in determining disposition.	462

(3) After the conclusion of the dispositional hearing, the	463
court shall enter an appropriate judgment within seven days and	464
shall schedule the date for the hearing to be held pursuant to	465
section 2151.415 of the Revised Code. The court may make any	466
order of disposition that is set forth in section 2151.353 of the	467
Revised Code. A copy of the judgment shall be given to each party	468
and to the child's guardian ad litem. If the judgment is	469
conditional, the order shall state the conditions of the judgment.	470
If the child is not returned to the child's own home, the court	471
shall determine which school district shall bear the cost of the	472
child's education and shall comply with section 2151.36 of the	473
Revised Code.	474

(4) As part of its dispositional order, the court may issue	475
any order described in division (B) of section 2151.33 of the	476
Revised Code.	477

(C) The court shall give all parties to the action and the	478
child's guardian ad litem notice of the adjudicatory and	479
dispositional hearings in accordance with the Juvenile Rules.	480

(D) If the court issues an order pursuant to division (A)(4)	481
of section 2151.353 of the Revised Code committing a child to the	482
permanent custody of a public children services agency or a	483
private child placing agency, the parents of the child whose	484
parental rights were terminated cease to be parties to the action	485
upon the issuance of the order. This division is not intended to	486
eliminate or restrict any right of the parents to appeal the	487
permanent custody order issued pursuant to division (A)(4) of	488
section 2151.353 of the Revised Code.	489

(E) Each juvenile court shall schedule its hearings in	490
accordance with the time requirements of this chapter.	491

(F) In cases regarding abused, neglected, or dependent	492
children, the court may admit any statement of a child that the	493
court determines to be excluded by the hearsay rule if the	494
proponent of the statement informs the adverse party of the	495
proponent's intention to offer the statement and of the	496
particulars of the statement, including the name of the declarant,	497
sufficiently in advance of the hearing to provide the party with a	498
fair opportunity to prepare to challenge, respond to, or defend	499
against the statement, and the court determines all of the	500
following:	501

(1) The statement has circumstantial guarantees of	502
trustworthiness;	503

(2) The statement is offered as evidence of a material fact;

504

(3) The statement is more probative on the point for which	505
it is offered than any other evidence that the proponent can	506
procure through reasonable efforts;	507

(4) The general purposes of the evidence rules and the	508
interests of justice will best be served by the admission of the	509
statement into evidence.	510

(G) If a child is alleged to be an abused child, the court	511
may order that the testimony of the child be taken by deposition.	512
On motion of the prosecuting attorney, guardian ad litem, or any	513
party, or in its own discretion, the court may order that the	514
deposition be videotaped. Any deposition taken under this	515
division shall be taken with a judge or referee present.	516

If a deposition taken under this division is intended to be	517
offered as evidence at the hearing, it shall be filed with the	518
court. Part or all of the deposition is admissible in evidence if	519
counsel for all parties had an opportunity and similar motive at	520
the time of the taking of the deposition to develop the testimony	521
by direct, cross, or redirect examination and the judge determines	522
that there is reasonable cause to believe that if the child were	523
to testify in person at the hearing, the child would experience	524
emotional trauma as a result of participating at the hearing.	525

Sec. 2151.354.  (A) If the child is adjudicated an unruly	526
child, the court may:	527

(1) Make any of the dispositions authorized under section	528
2151.353 of the Revised Code;	529

(2) Place the child on community control under any	530
sanctions, services, and conditions that the court prescribes, as	531
described in division (A)(3)(4) of section 2152.19 of the Revised	532
Code;	533

(3) Suspend or revoke the driver's license, probationary	534
driver's license, or temporary instruction permit issued to the	535
child and suspend or revoke the registration of all motor vehicles	536
registered in the name of the child. A child whose license or	537
permit is so suspended or revoked is ineligible for issuance of a	538
license or permit during the period of suspension or revocation.	539
At the end of the period of suspension or revocation, the child	540
shall not be reissued a license or permit until the child has paid	541
any applicable reinstatement fee and complied with all	542
requirements governing license reinstatement.	543

(4) Commit the child to the temporary or permanent custody	544
of the court;	545

(5) If, after making a disposition under division (A)(1),	546
(2), or (3) of this section, the court finds upon further hearing	547
that the child is not amenable to treatment or rehabilitation	548
under that disposition, make a disposition otherwise authorized	549
under divisions (A)(1), (3), (4), (5), and (7)(8) of section	550
2152.19 of the Revised Code, except that the child may not be	551
committed to or placed in a secure correctional facility, and	552
commitment to or placement in a detention facility may not exceed	553
twenty-four hours unless authorized by division (B)(3) of section	554
2151.312 or sections 2151.56 to 2151.61 of the Revised Code.	555

(B) If a child is adjudicated an unruly child for committing	556
any act that, if committed by an adult, would be a drug abuse	557
offense, as defined in section 2925.01 of the Revised Code, or a	558
violation of division (B) of section 2917.11 of the Revised Code,	559
then, in addition to imposing, in its discretion, any other order	560
of disposition authorized by this section, the court shall do both	561
of the following:	562

(1) Require the child to participate in a drug abuse or	563
alcohol abuse counseling program;	564

(2) Suspend or revoke the temporary instruction permit,	565
probationary driver's license, or driver's license issued to the	566
child for a period of time prescribed by the court or, at the	567
discretion of the court, until the child attends and	568
satisfactorily completes a drug abuse or alcohol abuse education,	569
intervention, or treatment program specified by the court. During	570
the time the child is attending the program, the court shall	571
retain any temporary instruction permit, probationary driver's	572
license, or driver's license issued to the child and shall return	573
the permit or license when the child satisfactorily completes the	574
program.	575

(C)(1) If a child is adjudicated an unruly child for being	576
an habitual truant, in addition to or in lieu of imposing any	577
other order of disposition authorized by this section, the court	578
may do any of the following:	579

(a) Order the board of education of the child's school	580
district or the governing board of the educational service center	581
in the child's school district to require the child to attend an	582
alternative school if an alternative school has been established	583
pursuant to section 3313.533 of the Revised Code in the school	584
district in which the child is entitled to attend school;	585

(b) Require the child to participate in any academic program	586
or community service program;	587

(c) Require the child to participate in a drug abuse or	588
alcohol abuse counseling program;	589

(d) Require that the child receive appropriate medical or	590
psychological treatment or counseling;	591

(e) Make any other order that the court finds proper to	592
address the child's habitual truancy, including an order requiring	593
the child to not be absent without legitimate excuse from the	594
public school the child is supposed to attend for five or more	595
consecutive days, seven or more school days in one school month,	596
or twelve or more school days in a school year and including an	597
order requiring the child to participate in a truancy prevention	598
mediation program.	599

(2) If a child is adjudicated an unruly child for being an	600
habitual truant and the court determines that the parent,	601
guardian, or other person having care of the child has failed to	602
cause the child's attendance at school in violation of section	603
3321.38 of the Revised Code, in addition to any order of	604
disposition authorized by this section, all of the following	605
apply:	606

(a) The court may require the parent, guardian, or other	607
person having care of the child to participate in any community	608
service program, preferably a community service program that	609
requires the involvement of the parent, guardian, or other person	610
having care of the child in the school attended by the child.	611

(b) The court may require the parent, guardian, or other	612
person having care of the child to participate in a truancy	613
prevention mediation program.	614

(c) The court shall warn the parent, guardian, or other	615
person having care of the child that any subsequent adjudication	616
of the child as an unruly or delinquent child for being an	617
habitual or chronic truant may result in a criminal charge against	618
the parent, guardian, or other person having care of the child for	619
a violation of division (C) of section 2919.21 or section 2919.24	620
of the Revised Code.	621

Sec. 2151.359.  (A)(1) In any proceeding in which a child	622
has been adjudicated an unruly, abused, neglected, or dependent	623
child, on the application of a party, or on the court's own	624
motion, the court may make an order restraining or otherwise	625
controlling the conduct of any parent, guardian, or other	626
custodian in the relationship of that individual to the child if	627
the court finds that an order of that type is necessary to do	628
either of the following:	629

(a) Control any conduct or relationship that will be	630
detrimental or harmful to the child.	631

(b) Control any conduct or relationship that will tend to	632
defeat the execution of the order of disposition made or to be	633
made.	634

(2) The court shall give due notice of the application or	635
motion under division (A) of this section, the grounds for the	636
application or motion, and an opportunity to be heard to the	637
person against whom an order under this division is directed. The	638
order may include a requirement that the child's parent, guardian,	639
or other custodian enter into a recognizance with sufficient	640
surety, conditioned upon the faithful discharge of any conditions	641
or control required by the court.	642

(B) The authority to make an order under division (A) of	643
this section and any order made under that authority is in	644
addition to the authority to make an order pursuant to division	645
(C)(2) of section 2151.354 or division (A)(6)(7)(b) of section	646
2152.19 of the Revised Code and to any order made under either	647
division.	648

(C) A person's failure to comply with any order made by the	649
court under this section is contempt of court under Chapter 2705.	650
of the Revised Code.	651

Sec. 2152.02.  As used in this chapter:

652

(A) "Act charged" means the act that is identified in a	653
complaint, indictment, or information alleging that a child is a	654
delinquent child.	655

(B) "Admitted to a department of youth services facility"	656
includes admission to a facility operated, or contracted for, by	657
the department and admission to a comparable facility outside this	658
state by another state or the United States.	659

(C)(1) "Child" means a person who is under eighteen years of	660
age, except as otherwise provided in divisions (C)(2) to (6) of	661
this section.	662

(2) Subject to division (C)(3) of this section, any person	663
who violates a federal or state law or a municipal ordinance prior	664
to attaining eighteen years of age shall be deemed a "child"	665
irrespective of that person's age at the time the complaint with	666
respect to that violation is filed or the hearing on the complaint	667
is held.	668

(3) Any person who, while under eighteen years of age,	669
commits an act that would be a felony if committed by an adult and	670
who is not taken into custody or apprehended for that act until	671
after the person attains twenty-one years of age is not a child in	672
relation to that act.	673

(4) Any person whose case is transferred for criminal	674
prosecution pursuant to section 2152.12 of the Revised Code shall	675
be deemed after the transfer not to be a child in the transferred	676
case.	677

(5) Any person whose case is transferred for criminal	678
prosecution pursuant to section 2152.12 of the Revised Code and	679
who subsequently is convicted of or pleads guilty to a felony in	680
that case, and any person who is adjudicated a delinquent child	681
for the commission of an act, who has a serious youthful offender	682
dispositional sentence imposed for the act pursuant to section	683
2152.13 of the Revised Code, and whose adult portion of the	684
dispositional sentence is invoked pursuant to section 2152.14 of	685
the Revised Code, shall be deemed after the transfer or invocation	686
not to be a child in any case in which a complaint is filed	687
against the person.	688

(6) The juvenile court has jurisdiction over a person who is	689
adjudicated a delinquent child or juvenile traffic offender prior	690
to attaining eighteen years of age until the person attains	691
twenty-one years of age, and, for purposes of that jurisdiction	692
related to that adjudication, except as otherwise provided in this	693
division, a person who is so adjudicated a delinquent child or	694
juvenile traffic offender shall be deemed a "child" until the	695
person attains twenty-one years of age. If a person is so	696
adjudicated a delinquent child or juvenile traffic offender and	697
the court makes a disposition of the person under this chapter, at	698
any time after the person attains eighteen years of age, the	699
places at which the person may be held under that disposition are	700
not limited to places authorized under this chapter solely for	701
confinement of children, and the person may be confined under that	702
disposition, in accordance with division (F)(2) of section 2152.26	703
of the Revised Code, in places other than those authorized under	704
this chapter solely for confinement of children.	705

(D) "Chronic truant" means any child of compulsory school	706
age who is absent without legitimate excuse for absence from the	707
public school the child is supposed to attend for seven or more	708
consecutive school days, ten or more school days in one school	709
month, or fifteen or more school days in a school year.	710

(E) "Community corrections facility," "public safety beds,"	711
"release authority," and "supervised release" have the same	712
meanings as in section 5139.01 of the Revised Code.	713

(F) "Delinquent child" includes any of the following:

714

(1) Any child, except a juvenile traffic offender, who	715
violates any law of this state or the United States, or any	716
ordinance of a political subdivision of the state, that would be	717
an offense if committed by an adult;	718

(2) Any child who violates any lawful order of the court	719
made under this chapter or under Chapter 2151. of the Revised Code	720
other than an order issued under section 2151.87 of the Revised	721
Code;	722

(3) Any child who violates division (A) of section 2923.211	723
of the Revised Code;	724

(4) Any child who is a habitual truant and who previously	725
has been adjudicated an unruly child for being a habitual truant;	726

(5) Any child who is a chronic truant.

727

(G) "Discretionary serious youthful offender" means a person	728
who is eligible for a discretionary SYO and who is not transferred	729
to adult court under a mandatory or discretionary transfer.	730

(H) "Discretionary SYO" means a case in which the juvenile	731
court, in the juvenile court's discretion, may impose a serious	732
youthful offender disposition under section 2152.13 of the Revised	733
Code.	734

(I) "Discretionary transfer" means that the juvenile court	735
has discretion to transfer a case for criminal prosecution under	736
division (B) of section 2152.12 of the Revised Code.	737

(J) "Drug abuse offense," "felony drug abuse offense," and	738
"minor drug possession offense" have the same meanings as in	739
section 2925.01 of the Revised Code.	740

(K) "Electronic monitoring device," "certified electronic	741
monitoring device," "electronically monitored house arrest,"	742
"electronic monitoring system," and "certified electronic	743
monitoring system" have the same meanings as in section 2929.23 of	744
the Revised Code.	745

(L) "Economic loss" means any economic detriment suffered by	746
a victim of a delinquent act as a result of the delinquent act and	747
includes any loss of income due to lost time at work because of	748
any injury caused to the victim and any property loss, medical	749
cost, or funeral expense incurred as a result of the delinquent	750
act.	751

(M) "Firearm" has the same meaning as in section 2923.11 of	752
the Revised Code.	753

(N) "Juvenile traffic offender" means any child who violates	754
any traffic law, traffic ordinance, or traffic regulation of this	755
state, the United States, or any political subdivision of this	756
state, other than a resolution, ordinance, or regulation of a	757
political subdivision of this state the violation of which is	758
required to be handled by a parking violations bureau or a joint	759
parking violations bureau pursuant to Chapter 4521. of the Revised	760
Code.	761

(O) A "legitimate excuse for absence from the public school	762
the child is supposed to attend" has the same meaning as in	763
section 2151.011 of the Revised Code.	764

(P) "Mandatory serious youthful offender" means a person who	765
is eligible for a mandatory SYO and who is not transferred to	766
adult court under a mandatory or discretionary transfer.	767

(Q) "Mandatory SYO" means a case in which the juvenile court	768
is required to impose a mandatory serious youthful offender	769
disposition under section 2152.13 of the Revised Code.	770

(R) "Mandatory transfer" means that a case is required to be	771
transferred for criminal prosecution under division (A) of section	772
2152.12 of the Revised Code.	773

(S) "Mental illness" has the same meaning as in section	774
5122.01 of the Revised Code.	775

(T) "Mentally retarded person" has the same meaning as in	776
section 5123.01 of the Revised Code.	777

(U) "Monitored time" and "repeat violent offender" have the	778
same meanings as in section 2929.01 of the Revised Code.	779

(V) "Of compulsory school age" has the same meaning as in	780
section 3321.01 of the Revised Code.	781

(W) "Public record" has the same meaning as in section	782
149.43 of the Revised Code.	783

(X) "Serious youthful offender" means a person who is	784
eligible for a mandatory SYO or discretionary SYO but who is not	785
transferred to adult court under a mandatory or discretionary	786
transfer.	787

(Y) "Sexually oriented offense," "habitual sex offender,"	788
"juvenile sex offender registrant," and "sexual predator" have the	789
same meanings as in section 2950.01 of the Revised Code.	790

(Z) "Traditional juvenile" means a case that is not	791
transferred to adult court under a mandatory or discretionary	792
transfer, that is eligible for a disposition under sections	793
2152.16, 2152.17, 2152.19, and 2152.20 of the Revised Code, and	794
that is not eligible for a disposition under section 2152.13 of	795
the Revised Code.	796

(AA) "Transfer" means the transfer for criminal prosecution	797
of a case involving the alleged commission by a child of an act	798
that would be an offense if committed by an adult from the	799
juvenile court to the appropriate court that has jurisdiction of	800
the offense.	801

(BB) "Category one offense" means any of the following:

802

(1) A violation of section 2903.01 or 2903.02 of the Revised	803
Code;	804

(2) A violation of section 2923.02 of the Revised Code	805
involving an attempt to commit aggravated murder or murder.	806

(CC) "Category two offense" means any of the following:

807

(1) A violation of section 2903.03, 2905.01, 2907.02,	808
2909.02, 2911.01, or 2911.11 of the Revised Code;	809

(2) A violation of section 2903.04 of the Revised Code that	810
is a felony of the first degree;	811

(3) A violation of section 2907.12 of the Revised Code as it	812
existed prior to September 3, 1996.	813

Sec. 2152.19.  (A) If a child is adjudicated a delinquent	814
child, the court may make any of the following orders of	815
disposition, in addition to any other disposition authorized or	816
required by this chapter:	817

(1) Any order that is authorized by section 2151.353 of the	818
Revised Code for the care and protection of an abused, neglected,	819
or dependent child.;	820

(2) Commit the child to the temporary custody of any school,	821
camp, institution, or other facility operated for the care of	822
delinquent children by the county, by a district organized under	823
section 2152.41 or 2151.65 of the Revised Code, or by a private	824
agency or organization, within or without the state, that is	825
authorized and qualified to provide the care, treatment, or	826
placement required, including, but not limited to, a school, camp,	827
or facility operated under section 2151.65 of the Revised Code;	828

(3) Commit the child to the legal custody of a detention	829
facility or district detention facility operated under section	830
2152.41 of the Revised Code, for up to ninety days;	831

(4) Place the child on community control under any sanctions,	832
services, and conditions that the court prescribes. As a	833
condition of community control in every case and in addition to	834
any other condition that it imposes upon the child, the court	835
shall require the child to abide by the law during the period of	836
community control. As referred to in this division, community	837
control includes, but is not limited to, the following sanctions	838
and conditions:	839

(a) A period of basic probation supervision in which the	840
child is required to maintain contact with a person appointed to	841
supervise the child in accordance with sanctions imposed by the	842
court;	843

(b) A period of intensive probation supervision in which the	844
child is required to maintain frequent contact with a person	845
appointed by the court to supervise the child while the child is	846
seeking or maintaining employment and participating in training,	847
education, and treatment programs as the order of disposition;	848

(c) A period of day reporting in which the child is required	849
each day to report to and leave a center or another approved	850
reporting location at specified times in order to participate in	851
work, education or training, treatment, and other approved	852
programs at the center or outside the center;	853

(d) A period of community service of up to five hundred	854
hours for an act that would be a felony or a misdemeanor of the	855
first degree if committed by an adult, up to two hundred hours for	856
an act that would be a misdemeanor of the second, third, or fourth	857
degree if committed by an adult, or up to thirty hours for an act	858
that would be a minor misdemeanor if committed by an adult;	859

(e) A requirement that the child obtain a high school	860
diploma, a certificate of high school equivalence, vocational	861
training, or employment;	862

(f) A period of drug and alcohol use monitoring;

863

(g) A requirement of alcohol or drug assessment or	864
counseling, or a period in an alcohol or drug treatment program	865
with a level of security for the child as determined necessary by	866
the court;	867

(h) A period in which the court orders the child to observe	868
a curfew that may involve daytime or evening hours;	869

(i) A requirement that the child serve monitored time;

870

(j) A period of house arrest with or without electronic	871
monitoring;	872

(k) A period of electronic monitoring without house arrest or	873
electronically monitored house arrest that does not exceed the	874
maximum sentence of imprisonment that could be imposed upon an	875
adult who commits the same act.	876

A period of electronically monitored house arrest imposed	877
under this division shall not extend beyond the child's	878
twenty-first birthday. If a court imposes a period of	879
electronically monitored house arrest upon a child under this	880
division, it shall require the child: to wear, otherwise have	881
attached to the child's person, or otherwise be subject to	882
monitoring by a certified electronic monitoring device or to	883
participate in the operation of and monitoring by a certified	884
electronic monitoring system; to remain in the child's home or	885
other specified premises for the entire period of electronically	886
monitored house arrest except when the court permits the child to	887
leave those premises to go to school or to other specified	888
premises; to be monitored by a central system that can determine	889
the child's location at designated times; to report periodically	890
to a person designated by the court; and to enter into a written	891
contract with the court agreeing to comply with all requirements	892
imposed by the court, agreeing to pay any fee imposed by the court	893
for the costs of the electronically monitored house arrest, and	894
agreeing to waive the right to receive credit for any time served	895
on electronically monitored house arrest toward the period of any	896
other dispositional order imposed upon the child if the child	897
violates any of the requirements of the dispositional order of	898
electronically monitored house arrest. The court also may impose	899
other reasonable requirements upon the child.	900

Unless ordered by the court, a child shall not receive credit	901
for any time served on electronically monitored house arrest	902
toward any other dispositional order imposed upon the child for	903
the act for which was imposed the dispositional order of	904
electronically monitored house arrest.	905

(l) A suspension of the driver's license, probationary	906
driver's license, or temporary instruction permit issued to the	907
child or a suspension of the registration of all motor vehicles	908
registered in the name of the child. A child whose license or	909
permit is so suspended is ineligible for issuance of a license or	910
permit during the period of suspension. At the end of the period	911
of suspension, the child shall not be reissued a license or permit	912
until the child has paid any applicable reinstatement fee and	913
complied with all requirements governing license reinstatement.	914

(4)(5) Commit the child to the custody of the court;

915

(5)(6) Require the child to not be absent without legitimate	916
excuse from the public school the child is supposed to attend for	917
five or more consecutive days, seven or more school days in one	918
school month, or twelve or more school days in a school year;	919

(6)(7)(a) If a child is adjudicated a delinquent child for	920
being a chronic truant or an habitual truant who previously has	921
been adjudicated an unruly child for being a habitual truant, do	922
either or both of the following:	923

(i) Require the child to participate in a truancy prevention	924
mediation program;	925

(ii) Make any order of disposition as authorized by this	926
section, except that the court shall not commit the child to a	927
facility described in division (A)(2) or (3) of this section	928
unless the court determines that the child violated a lawful court	929
order made pursuant to division (C)(1)(e) of section 2151.354 of	930
the Revised Code or division (A)(5)(6) of this section.	931

(b) If a child is adjudicated a delinquent child for being a	932
chronic truant or a habitual truant who previously has been	933
adjudicated an unruly child for being a habitual truant and the	934
court determines that the parent, guardian, or other person having	935
care of the child has failed to cause the child's attendance at	936
school in violation of section 3321.38 of the Revised Code, do	937
either or both of the following:	938

(i) Require the parent, guardian, or other person having	939
care of the child to participate in a truancy prevention mediation	940
program;	941

(ii) Require the parent, guardian, or other person having	942
care of the child to participate in any community service program,	943
preferably a community service program that requires the	944
involvement of the parent, guardian, or other person having care	945
of the child in the school attended by the child.	946

(7)(8) Make any further disposition that the court finds	947
proper, except that the child shall not be placed in any of the	948
following:	949

(a) A state correctional institution, a county, multicounty,	950
or municipal jail or workhouse, or another place in which an adult	951
convicted of a crime, under arrest, or charged with a crime is	952
held;	953

(b) A community corrections facility, if the child would be	954
covered by the definition of public safety beds for purposes of	955
sections 5139.41 to 5139.45 of the Revised Code if the court	956
exercised its authority to commit the child to the legal custody	957
of the department of youth services for institutionalization or	958
institutionalization in a secure facility pursuant to this	959
chapter.	960

(B) If a child is adjudicated a delinquent child, in	961
addition to any order of disposition made under division (A) of	962
this section, the court, in the following situations, shall	963
suspend the child's temporary instruction permit, restricted	964
license, probationary driver's license, or nonresident operating	965
privilege, or suspend the child's ability to obtain such a permit:	966

(1) The child is adjudicated a delinquent child for	967
violating section 2923.122 of the Revised Code, with the	968
suspension and denial being in accordance with division (E)(1)(a),	969
(c), (d), or (e) of section 2923.122 of the Revised Code.	970

(2) The child is adjudicated a delinquent child for	971
committing an act that if committed by an adult would be a drug	972
abuse offense or for violating division (B) of section 2917.11 of	973
the Revised Code, with the suspension continuing until the child	974
attends and satisfactorily completes a drug abuse or alcohol abuse	975
education, intervention, or treatment program specified by the	976
court. During the time the child is attending the program, the	977
court shall retain any temporary instruction permit, probationary	978
driver's license, or driver's license issued to the child, and the	979
court shall return the permit or license when the child	980
satisfactorily completes the program.	981

(C) The court may establish a victim-offender mediation	982
program in which victims and their offenders meet to discuss the	983
offense and suggest possible restitution. If the court obtains	984
the assent of the victim of the delinquent act committed by the	985
child, the court may require the child to participate in the	986
program.	987

(D)(1) If a child is adjudicated a delinquent child for	988
committing an act that would be a felony if committed by an adult	989
and if the child caused, attempted to cause, threatened to cause,	990
or created a risk of physical harm to the victim of the act, the	991
court, prior to issuing an order of disposition under this	992
section, shall order the preparation of a victim impact statement	993
by the probation department of the county in which the victim of	994
the act resides, by the court's own probation department, or by a	995
victim assistance program that is operated by the state, a county,	996
a municipal corporation, or another governmental entity. The court	997
shall consider the victim impact statement in determining the	998
order of disposition to issue for the child.	999

(2) Each victim impact statement shall identify the victim	1000
of the act for which the child was adjudicated a delinquent child,	1001
itemize any economic loss suffered by the victim as a result of	1002
the act, identify any physical injury suffered by the victim as a	1003
result of the act and the seriousness and permanence of the	1004
injury, identify any change in the victim's personal welfare or	1005
familial relationships as a result of the act and any	1006
psychological impact experienced by the victim or the victim's	1007
family as a result of the act, and contain any other information	1008
related to the impact of the act upon the victim that the court	1009
requires.	1010

(3) A victim impact statement shall be kept confidential and	1011
is not a public record. However, the court may furnish copies of	1012
the statement to the department of youth services if the	1013
delinquent child is committed to the department or to both the	1014
adjudicated delinquent child or the adjudicated delinquent child's	1015
counsel and the prosecuting attorney. The copy of a victim impact	1016
statement furnished by the court to the department pursuant to	1017
this section shall be kept confidential and is not a public	1018
record. The copies of a victim impact statement that are made	1019
available to the adjudicated delinquent child or the adjudicated	1020
delinquent child's counsel and the prosecuting attorney pursuant	1021
to this division shall be returned to the court by the person to	1022
whom they were made available immediately following the imposition	1023
of an order of disposition for the child under this chapter.	1024

(4) The department of youth services shall work with local	1025
probation departments and victim assistance programs to develop a	1026
standard victim impact statement.	1027

(E) If a child is adjudicated a delinquent child for being a	1028
chronic truant or an habitual truant who previously has been	1029
adjudicated an unruly child for being an habitual truant and the	1030
court determines that the parent, guardian, or other person having	1031
care of the child has failed to cause the child's attendance at	1032
school in violation of section 3321.38 of the Revised Code, in	1033
addition to any order of disposition it makes under this section,	1034
the court shall warn the parent, guardian, or other person having	1035
care of the child that any subsequent adjudication of the child as	1036
an unruly or delinquent child for being an habitual or chronic	1037
truant may result in a criminal charge against the parent,	1038
guardian, or other person having care of the child for a violation	1039
of division (C) of section 2919.21 or section 2919.24 of the	1040
Revised Code.	1041

(F)(1) During the period of a delinquent child's community	1042
control granted under this section, authorized probation officers	1043
who are engaged within the scope of their supervisory duties or	1044
responsibilities may search, with or without a warrant, the person	1045
of the delinquent child, the place of residence of the delinquent	1046
child, and a motor vehicle, another item of tangible or intangible	1047
personal property, or other real property in which the delinquent	1048
child has a right, title, or interest or for which the delinquent	1049
child has the express or implied permission of a person with a	1050
right, title, or interest to use, occupy, or possess if the	1051
probation officers have reasonable grounds to believe that the	1052
delinquent child is not abiding by the law or otherwise is not	1053
complying with the conditions of the delinquent child's community	1054
control. The court that places a delinquent child on community	1055
control under this section shall provide the delinquent child with	1056
a written notice that informs the delinquent child that authorized	1057
probation officers who are engaged within the scope of their	1058
supervisory duties or responsibilities may conduct those types of	1059
searches during the period of community control if they have	1060
reasonable grounds to believe that the delinquent child is not	1061
abiding by the law or otherwise is not complying with the	1062
conditions of the delinquent child's community control. The court	1063
also shall provide the written notice described in division (E)(2)	1064
of this section to each parent, guardian, or custodian of the	1065
delinquent child who is described in that division.	1066

(2) The court that places a child on community control under	1067
this section shall provide the child's parent, guardian, or other	1068
custodian with a written notice that informs them that authorized	1069
probation officers may conduct searches pursuant to division	1070
(E)(1) of this section. The notice shall specifically state that	1071
a permissible search might extend to a motor vehicle, another item	1072
of tangible or intangible personal property, or a place of	1073
residence or other real property in which a notified parent,	1074
guardian, or custodian has a right, title, or interest and that	1075
the parent, guardian, or custodian expressly or impliedly permits	1076
the child to use, occupy, or possess.	1077

(G) If a juvenile court commits a delinquent child to the	1078
custody of any person, organization, or entity pursuant to this	1079
section and if the delinquent act for which the child is so	1080
committed is a sexually oriented offense, the court in the order	1081
of disposition shall inform the person, organization, or entity	1082
that it is the preferred course of action in this state that the	1083
child be provided treatment as described in division (A)(2) of	1084
section 5139.13 of the Revised Code and shall encourage the	1085
person, organization, or entity to provide that treatment.	1086

Sec.  2152.21.  (A) Unless division (C) of this section	1087
applies, if a child is adjudicated a juvenile traffic offender,	1088
the court may make any of the following orders of disposition:	1089

(1) Impose costs and one or more financial sanctions in	1090
accordance with section 2152.20 of the Revised Code;	1091

(2) Suspend the child's driver's license, probationary	1092
driver's license, or temporary instruction permit or the	1093
registration of all motor vehicles registered in the name of the	1094
child for a definite period not exceeding two years. A child	1095
whose license or permit is so suspended is ineligible for issuance	1096
of a license or permit during the period of suspension. At the	1097
end of the period of suspension, the child shall not be reissued a	1098
license or permit until the child has paid any applicable	1099
reinstatement fee and complied with all requirements governing	1100
license reinstatement.	1101

(3) Place the child on community control;

1102

(4) Require the child to make restitution for all damages	1103
caused by the child's traffic violation;	1104

(5)(a) If the child is adjudicated a juvenile traffic	1105
offender for committing a violation of division (A) of section	1106
4511.19 of the Revised Code or of a municipal ordinance that is	1107
substantially equivalent to that division, commit the child, for	1108
not longer than five days, to either of the following:	1109

(i) To the temporary custody of a detention facility or	1110
district detention facility established under section 2152.41 of	1111
the Revised Code;	1112

(ii) To the temporary custody of any school, camp,	1113
institution, or other facility for children operated in whole or	1114
in part for the care of juvenile traffic offenders of that nature	1115
by the county, by a district organized under section 2152.41 or	1116
2151.65 of the Revised Code, or by a private agency or	1117
organization within the state that is authorized and qualified to	1118
provide the care, treatment, or placement required.	1119

(b) If an order of disposition committing a child to the	1120
temporary custody of a home, school, camp, institution, or other	1121
facility of that nature is made under division (A)(5)(a) of this	1122
section, the length of the commitment shall not be reduced or	1123
diminished as a credit for any time that the child was held in a	1124
place of detention or shelter care, or otherwise was detained,	1125
prior to entry of the order of disposition.	1126

(6) If, after making a disposition under divisions (A)(1) to	1127
(5) of this section, the court finds upon further hearing that the	1128
child has failed to comply with the orders of the court and the	1129
child's operation of a motor vehicle constitutes the child a	1130
danger to the child and to others, the court may make any	1131
disposition authorized by divisions (A)(1), (3), (4), (5), and	1132
(7)(8) of section 2152.19 of the Revised Code, except that the	1133
child may not be committed to or placed in a secure correctional	1134
facility unless authorized by division (A)(5) of this section, and	1135
commitment to or placement in a detention facility may not exceed	1136
twenty-four hours.	1137

(B) If a child is adjudicated a juvenile traffic offender	1138
for violating division (A) or (B) of section 4511.19 of the	1139
Revised Code, in addition to any order of disposition made under	1140
division (A) of this section, the court shall suspend the	1141
temporary instruction permit, probationary driver's license, or	1142
driver's license issued to the child for a definite period of at	1143
least three months but not more than two years or, at the	1144
discretion of the court, until the child attends and	1145
satisfactorily completes a drug abuse or alcohol abuse education,	1146
intervention, or treatment program specified by the court. During	1147
the time the child is attending the program, the court shall	1148
retain any temporary instruction permit, probationary driver's	1149
license, or driver's license issued to the child and shall return	1150
the permit or license when the child satisfactorily completes the	1151
program.	1152

(C) If a child is adjudicated a juvenile traffic offender	1153
for violating division (B)(1) or (2) of section 4513.263 of the	1154
Revised Code, the court shall impose the appropriate fine set	1155
forth in section 4513.99 of the Revised Code. If a child is	1156
adjudicated a juvenile traffic offender for violating division	1157
(B)(3) of section 4513.263 of the Revised Code and if the child is	1158
sixteen years of age or older, the court shall impose the fine set	1159
forth in division (G) of section 4513.99 of the Revised Code. If	1160
a child is adjudicated a juvenile traffic offender for violating	1161
division (B)(3) of section 4513.263 of the Revised Code and if the	1162
child is under sixteen years of age, the court shall not impose a	1163
fine but may place the child on probation or community control.	1164

(D) A juvenile traffic offender is subject to sections	1165
4509.01 to 4509.78 of the Revised Code.	1166

Sec.  2152.26.  (A) Except as provided in divisions (B) and	1167
(F) of this section, a child alleged to be or adjudicated a	1168
delinquent child or a juvenile traffic offender may be held only	1169
in the following places:	1170

(1) A certified foster home or a home approved by the court;

1171

(2) A facility operated by a certified child welfare agency;

1172

(3) Any other suitable place designated by the court.

1173

(B) In addition to the places listed in division (A) of this	1174
section, a child alleged to be or adjudicated a delinquent child	1175
may be held in a detention facility for delinquent children that	1176
is under the direction or supervision of the court or other public	1177
authority or of a private agency and approved by the court and a	1178
child adjudicated a delinquent child may be held in accordance	1179
with division (F)(2) of this section in a facility of a type	1180
specified in that division. Division (B) of this section does not	1181
apply to a child alleged to be or adjudicated a delinquent child	1182
for chronic truancy, unless the child violated a lawful court	1183
order made pursuant to division (A)(5)(6) of section 2152.19 of	1184
the Revised Code. Division (B) of this section also does not	1185
apply to a child alleged to be or adjudicated a delinquent child	1186
for being an habitual truant who previously has been adjudicated	1187
an unruly child for being an habitual truant, unless the child	1188
violated a lawful court order made pursuant to division (C)(1)(e)	1189
of section 2151.354 of the Revised Code.	1190

(C)(1) Except as provided under division (C)(1) of section	1191
2151.311 of the Revised Code or division (A)(5) of section 2152.21	1192
of the Revised Code, a child alleged to be or adjudicated a	1193
juvenile traffic offender may not be held in any of the following	1194
facilities:	1195

(a) A state correctional institution, county, multicounty,	1196
or municipal jail or workhouse, or other place in which an adult	1197
convicted of crime, under arrest, or charged with a crime is held.	1198

(b) A secure correctional facility.

1199

(2) Except as provided under this section, sections 2151.56	1200
to 2151.61, and divisiondivisions (A)(5) and (6) of section	1201
2152.21 of the Revised Code, a child alleged to be or adjudicated	1202
a juvenile traffic offender may not be held for more than	1203
twenty-four hours in a detention facility	1204

(D) Except as provided in division (F) of this section or in	1206
division (C) of section 2151.311, in division (C)(2) of section	1207
5139.06 and section 5120.162, or in division (B) of section	1208
5120.16 of the Revised Code, a child who is alleged to be or is	1209
adjudicated a delinquent child may not be held in a state	1210
correctional institution, county, multicounty, or municipal jail	1211
or workhouse, or other place where an adult convicted of crime,	1212
under arrest, or charged with crime is held.	1213

(E) Unless the detention is pursuant to division (F) of this	1214
section or division (C) of section 2151.311, division (C)(2) of	1215
section 5139.06 and section 5120.162, or division (B) of section	1216
5120.16 of the Revised Code, the official in charge of the	1217
institution, jail, workhouse, or other facility shall inform the	1218
court immediately when a child, who is or appears to be under the	1219
age of eighteen years, is received at the facility, and shall	1220
deliver the child to the court upon request or transfer the child	1221
to a detention facility designated by the court.	1222

(F)(1) If a case is transferred to another court for	1223
criminal prosecution pursuant to section 2152.12 of the Revised	1224
Code, the child may be transferred for detention pending the	1225
criminal prosecution in a jail or other facility in accordance	1226
with the law governing the detention of persons charged with	1227
crime. Any child so held shall be confined in a manner that keeps	1228
the child beyond the range of touch of all adult detainees. The	1229
child shall be supervised at all times during the detention.	1230

(2) If a person is adjudicated a delinquent child or	1231
juvenile traffic offender and the court makes a disposition of the	1232
person under this chapter, at any time after the person attains	1233
eighteen years of age, the person may be held under that	1234
disposition in places other than those specified in division (A)	1235
of this section, including, but not limited to, a county,	1236
multicounty, or municipal jail or workhouse, or other place where	1237
an adult convicted of crime, under arrest, or charged with crime	1238
is held. Any person so held shall be confined as described in	1239
division (F)(1) of this section.	1240

Sec.  2152.41.  (A) Upon the recommendation of the judge,	1241
the board of county commissioners shall provide, by purchase,	1242
lease, construction, or otherwise, a detention facility that	1243
shall be within a convenient distance of the juvenile court. The	1244
facility shall not be used for the confinement of adults charged	1245
with criminal offenses. The facility may be used to detain	1246
alleged delinquent children until final disposition for	1247
evaluation pursuant to section 2152.04 of the Revised Code, to	1248
confine children who are adjudicated delinquent children and	1249
committed to the facility pursuant to division (A)(3) of section	1250
2152.19 of the Revised Code, and forto confine children who are	1251
adjudicated juvenile traffic offenders and committed to the	1252
facility under division (A)(5) or (6) of section 2152.21 of the	1253
Revised Code.	1254

(B) Upon the joint recommendation of the juvenile judges of	1255
two or more neighboring counties, the boards of county	1256
commissioners of the counties shall form themselves into a joint	1257
board and proceed to organize a district for the establishment and	1258
support of a detention facility for the use of the juvenile	1259
courts of those counties, in which alleged delinquent children may	1260
be detained as provided in division (A) of this section, by using	1261
a site or buildings already established in one of the counties or	1262
by providing for the purchase of a site and the erection of the	1263
necessary buildings on the site.	1264

A child who is adjudicated to be a juvenile traffic offender	1265
for having committed a violation of division (A) of section	1266
4511.19 of the Revised Code or of a municipal ordinance that is	1267
substantially comparable to that division may be confined in a	1268
detention facility or district detention facility pursuant to	1269
division (A)(5) of section 2152.21 of the Revised Code, provided	1270
the child is kept separate and apart from alleged delinquent	1271
children.	1272

Except as otherwise provided by law, district detention	1273
facilities shall be established, operated, maintained, and managed	1274
in the same manner so far as applicable as county detention	1275
facilities.	1276

Members of the board of county commissioners who meet by	1277
appointment to consider the organization of a district detention	1278
home, upon presentation of properly certified accounts, shall be	1279
paid their necessary expenses upon a warrant drawn by the county	1280
auditor of their county.	1281

The county auditor of the county having the greatest	1282
population or, with the unanimous concurrence of the county	1283
auditors of the counties composing a district, the auditor of the	1284
county in which the detention facility is located shall be the	1285
fiscal officer of a detention facility district. The county	1286
auditors of the several counties composing a detention facility	1287
district shall meet at the district detention facility, not less	1288
than once in six months, to review accounts and to transact any	1289
other duties in connection with the institution that pertain to	1290
the business of their office.	1291

(C) In any county in which there is no detention facility or	1292
that is not served by a district detention facility, the juvenile	1293
court may enter into a contract, subject to the approval of the	1294
board of county commissioners, with another juvenile court,	1295
another county's detention facility, or a joint county detention	1296
facility. Alternately, the board of county commissioners shall	1297
provide funds for the boarding of children, who would be	1298
eligible for detention under division (A) of this section,	1299
temporarily in private homes or in certified foster homes approved	1300
by the court for a period not exceeding sixty days or until final	1301
disposition of their cases, whichever comes first. The court also	1302
may arrange with any public children services agency or private	1303
child placing agency to receive, or private noncustodial agency	1304
for temporary care of, children within the jurisdiction of the	1305
court.	1306

If the court arranges for the board of children temporarily	1307
detained in certified foster homes or through any private child	1308
placing agency, the county shall pay a reasonable sum to be fixed	1309
by the court for the board of those children. In order to have	1310
certified foster homes available for service, an agreed monthly	1311
subsidy may be paid and a fixed rate per day for care of children	1312
actually residing in the certified foster home.	1313

(D) The board of county commissioners of any county within a	1314
detention facility district, upon the recommendation of the	1315
juvenile court of that county, may withdraw from the district and	1316
sell or lease its right, title, and interest in the site,	1317
buildings, furniture, and equipment of the facility to any	1318
counties in the district, at any price and upon any such terms	1319
that are agreed upon among the boards of county commissioners of	1320
the counties concerned. Section 307.10 of the Revised Code does	1321
not apply to this division. The net proceeds of any sale or lease	1322
under this division shall be paid into the treasury of the	1323
withdrawing county.	1324

The members of the board of trustees of a district detention	1325
facility who are residents of a county withdrawing from the	1326
district are deemed to have resigned their positions upon the	1327
completion of the withdrawal procedure provided by this division.	1328
The vacancies then created shall be filled as provided in this	1329
section.	1330

(E) The children to be admitted for care in a county or	1331
district detention facility established under this section, the	1332
period during which they shall be cared for in the facility, and	1333
the removal and transfer of children from the facility shall be	1334
determined by the juvenile court that ordered the child's	1335
detention.	1336

Sec.  2152.74.  (A) As used in this section, "DNA analysis"	1337
and "DNA specimen" have the same meanings as in section 109.573 of	1338
the Revised Code.	1339

(B)(1) A child who is adjudicated a delinquent child for	1340
committing an act listed in division (D) of this section and who	1341
is committed to the custody of the department of youth services,	1342
to a detention facility or district detention facility pursuant to	1343
division (A)(3) of section 2152.19 of the Revised Code, or to a	1344
school, camp, institution, or other facility for delinquent	1345
children described in division (A)(2) of section 2152.19 of the	1346
Revised Code shall submit to a DNA specimen collection procedure	1347
administered by the director of youth services if committed to the	1348
department or by the chief administrative officer of the detention	1349
facility, district detention facility, school, camp, institution,	1350
or other facility for delinquent children to which the child was	1351
committed. If the court commits the child to the department of	1352
youth services, the director of youth services shall cause the DNA	1353
specimen to be collected from the child during the intake process	1354
at an institution operated by or under the control of the	1355
department. If the court commits the child to a detention	1356
facility, district detention facility, school, camp, institution,	1357
or other facility for delinquent children, the chief	1358
administrative officer of the detention facility, district	1359
detention facility, school, camp, institution, or facility to	1360
which the child is committed shall cause the DNA specimen to be	1361
collected from the child during the intake process for the	1362
detention facility, district detention facility, school, camp,	1363
institution, or facility. In accordance with division (C) of this	1364
section, the director or the chief administrative officer shall	1365
cause the DNA specimen to be forwarded to the bureau of criminal	1366
identification and investigation no later than fifteen days after	1367
the date of the collection of the DNA specimen. The DNA specimen	1368
shall be collected from the child in accordance with division (C)	1369
of this section.	1370

(2) If a child is adjudicated a delinquent child for	1371
committing an act listed in division (D) of this section, is	1372
committed to the department of youth services, to a detention	1373
facility or district detention facility, or to a school, camp,	1374
institution, or other facility for delinquent children, and does	1375
not submit to a DNA specimen collection procedure pursuant to	1376
division (B)(1) of this section, prior to the child's release from	1377
the custody of the department of youth services, from the custody	1378
of the detention facility or district detention facility, or from	1379
the custody of the school, camp, institution, or facility, the	1380
child shall submit to, and the director of youth services or the	1381
chief administrator of the detention facility, district detention	1382
facility, school, camp, institution, or facility to which the	1383
child is committed shall administer, a DNA specimen collection	1384
procedure at the institution operated by or under the control of	1385
the department of youth services or at the detention facility,	1386
district detention facility, school, camp, institution, or	1387
facility to which the child is committed. In accordance with	1388
division (C) of this section, the director or the chief	1389
administrative officer shall cause the DNA specimen to be	1390
forwarded to the bureau of criminal identification and	1391
investigation no later than fifteen days after the date of the	1392
collection of the DNA specimen. The DNA specimen shall be	1393
collected in accordance with division (C) of this section.	1394

(C) A physician, registered nurse, licensed practical nurse,	1395
duly licensed clinical laboratory technician, or other qualified	1396
medical practitioner shall collect in a medically approved manner	1397
the DNA specimen required to be collected pursuant to division (B)	1398
of this section. No later than fifteen days after the date of the	1399
collection of the DNA specimen, the director of youth services or	1400
the chief administrative officer of the detention facility,	1401
district detention facility, school, camp, institution, or other	1402
facility for delinquent children to which the child is committed	1403
shall cause the DNA specimen to be forwarded to the bureau of	1404
criminal identification and investigation in accordance with	1405
procedures established by the superintendent of the bureau under	1406
division (H) of section 109.573 of the Revised Code. The bureau	1407
shall provide the specimen vials, mailing tubes, labels, postage,	1408
and instruction needed for the collection and forwarding of the	1409
DNA specimen to the bureau.	1410

(D) The director of youth services and the chief	1411
administrative officer of a detention facility, district detention	1412
facility, school, camp, institution, or other facility for	1413
delinquent children shall cause a DNA specimen to be collected in	1414
accordance with divisions (B) and (C) of this section from each	1415
child in its custody who is adjudicated a delinquent child for	1416
committing any of the following acts:	1417

(1) A violation of section 2903.01, 2903.02, 2905.01,	1418
2907.02, 2907.03, 2907.05, or 2911.11 of the Revised Code;	1419

(2) A violation of section 2907.12 of the Revised Code as it	1420
existed prior to September 3, 1996;	1421

(3) An attempt to commit a violation of section 2907.02,	1422
2907.03, or 2907.05 of the Revised Code or to commit a violation	1423
of section 2907.12 of the Revised Code as it existed prior to	1424
September 3, 1996;	1425

(4) A violation of any law that arose out of the same facts	1426
and circumstances and same act as did a charge against the child	1427
of a violation of section 2903.01, 2903.02, 2905.01, 2907.02,	1428
2907.03, 2907.05, or 2911.11 of the Revised Code that previously	1429
was dismissed or amended or as did a charge against the child of a	1430
violation of section 2907.12 of the Revised Code as it existed	1431
prior to September 3, 1996, that previously was dismissed or	1432
amended;	1433

(5) A violation of section 2905.02 or 2919.23 of the Revised	1434
Code that would have been a violation of section 2905.04 of the	1435
Revised Code as it existed prior to July 1, 1996, had the	1436
violation been committed prior to that date.	1437

(E) The director of youth services and the chief	1438
administrative officer of a detention facility, district detention	1439
facility, school, camp, institution, or other facility for	1440
delinquent children is not required to comply with this section	1441
until the superintendent of the bureau of criminal identification	1442
and investigation gives agencies in the juvenile justice system,	1443
as defined in section 181.51 of the Revised Code, in the state	1444
official notification that the state DNA laboratory is prepared to	1445
accept DNA specimens.	1446

Section 2. That existing sections 2151.011, 2151.35,	1447
2151.354, 2151.359, 2152.02, 2152.19, 2152.21, 2152.26, 2152.41,	1448
and 2152.74 of the Revised Code are hereby repealed.	1449

Section 3. Sections 1 and 2 of this act shall take effect on	1450
January 1, 2002, or on the earliest date permitted by law,	1451
whichever is later.	1452

Section 4.  Section 2151.35 of the Revised Code, scheduled	1453
to take effect January 1, 2002, is presented in this act as a	1454
composite of the section as amended by both Am. Sub. S.B. 179 and	1455
Sub. S.B. 218 of the 123rd General Assembly. The General	1456
Assembly, applying the principle stated in division (B) of section	1457
1.52 of the Revised Code that amendments are to be harmonized if	1458
reasonably capable of simultaneous operation, finds that the	1459
composite is the resulting version of the section in effect prior	1460
to the effective date of the section as presented in this act.	1461