SENATORS Oelslager, Amstutz

To amend sections 2151.011, 2151.152, 2151.35,

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2151.354, 2151.359, 2152.02, 2152.19, 2152.21,

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2152.26, 2152.41, 2152.74, and 5139.42 of the

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Revised Code to specifically permit the confinement

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of adjudicated delinquent children in a juvenile

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detention facility and the confinement of a person

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under a disposition imposed for a delinquent child

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or juvenile traffic offender disposition, after the

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person attains 18 years of age, in a facility other

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than one for juveniles, to revise the formula for

10

calculating the per diem cost for the care and

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custody of felony delinquents, and to amend the

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versions of sections 2151.354, 2152.19, and 2152.21

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of the Revised Code that are scheduled to take

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effect January 1, 2004, to continue the provisions

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of this act on and after that effective date.

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

Section 1. That sections 2151.011, 2151.152, 2151.35,	17
2151.354, 2151.359, 2152.02, 2152.19, 2152.21, 2152.26, 2152.41,	18
2152.74, and 5139.42 of the Revised Code be amended to read as	19
follows:	20

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

21

(1) "Juvenile court" means whichever of the following is	22
applicable that has jurisdiction under this chapter and Chapter	23
2152. of the Revised Code:	24

(a) The division of the court of common pleas specified in	25
section 2101.022 or 2301.03 of the Revised Code as having	26
jurisdiction under this chapter and Chapter 2152. of the Revised	27
Code or as being the juvenile division or the juvenile division	28
combined with one or more other divisions;	29

(b) The juvenile court of Cuyahoga county or Hamilton county	30
that is separately and independently created by section 2151.08	31
or Chapter 2153. of the Revised Code and that has jurisdiction	32
under this chapter and Chapter 2152. of the Revised Code;	33

(c) If division (A)(1)(a) or (b) of this section does not	34
apply, the probate division of the court of common pleas.	35

(2) "Juvenile judge" means a judge of a court having	36
jurisdiction under this chapter.	37

(3) "Private child placing agency" means any association, as	38
defined in section 5103.02 of the Revised Code, that is certified	39
under section 5103.03 of the Revised Code to accept temporary,	40
permanent, or legal custody of children and place the children for	41
either foster care or adoption.	42

(4) "Private noncustodial agency" means any person,	43
organization, association, or society certified by the department	44
of job and family services that does not accept temporary or	45
permanent legal custody of children, that is privately operated in	46
this state, and that does one or more of the following:	47

(a) Receives and cares for children for two or more	48
consecutive weeks;	49

(b) Participates in the placement of children in certified	50
foster homes;	51

(c) Provides adoption services in conjunction with a public	52
children services agency or private child placing agency.	53

(B) As used in this chapter:

54

(1) "Adequate parental care" means the provision by a	55
child's parent or parents, guardian, or custodian of adequate	56
food, clothing, and shelter to ensure the child's health and	57
physical safety and the provision by a child's parent or parents	58
of specialized services warranted by the child's physical or	59
mental needs.	60

(2) "Adult" means an individual who is eighteen years of age	61
or older.	62

(3) "Agreement for temporary custody" means a voluntary	63
agreement authorized by section 5103.15 of the Revised Code that	64
transfers the temporary custody of a child to a public children	65
services agency or a private child placing agency.	66

(4) "Certified foster home" means a foster home, as defined	67
in section 5103.02 of the Revised Code, certified under section	68
5103.03 of the Revised Code.	69

(5) "Child" means a person who is under eighteen years of	70
age, except that the juvenile court has jurisdiction over any	71
person who is adjudicated an unruly child prior to attaining	72
eighteen years of age until the person attains twenty-one years of	73
age, and, for purposes of that jurisdiction related to that	74
adjudication, a person who is so adjudicated an unruly child shall	75
be deemed a "child" until the person attains twenty-one years of	76
age.	77

(6) "Child day camp," "child day-care," "child day-care	78
center," "part-time child day-care center," "type A family	79
day-care home," "certified type B family day-care home," "type B	80
home," "administrator of a child day-care center," "administrator	81
of a type A family day-care home," "in-home aide," and "authorized	82
provider" have the same meanings as in section 5104.01 of the	83
Revised Code.	84

(7) "Child day-care provider" means an individual who is a	85
child-care staff member or administrator of a child day-care	86
center, a type A family day-care home, or a type B family day-care	87
home, or an in-home aide or an individual who is licensed, is	88
regulated, is approved, operates under the direction of, or	89
otherwise is certified by the department of job and family	90
services, department of mental retardation and developmental	91
disabilities, or the early childhood programs of the department of	92
education.	93

(8) "Chronic truant" has the same meaning as in section	94
2152.02 of the Revised Code.	95

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

96

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

97

(a) General counseling services performed by a public	98
children services agency or shelter for victims of domestic	99
violence to assist a child, a child's parents, and a child's	100
siblings in alleviating identified problems that may cause or have	101
caused the child to be an abused, neglected, or dependent child.	102

(b) Psychiatric or psychological therapeutic counseling	103
services provided to correct or alleviate any mental or emotional	104
illness or disorder and performed by a licensed psychiatrist,	105
licensed psychologist, or a person licensed under Chapter 4757. of	106
the Revised Code to engage in social work or professional	107
counseling.	108

(11) "Custodian" means a person who has legal custody of a	109
child or a public children services agency or private child	110
placing agency that has permanent, temporary, or legal custody of	111
a child.	112

(12) "Delinquent child" has the same meaning as in section	113
2152.02 of the Revised Code.	114

(13) "Detention" means the temporary care of children	115
pending court adjudication or disposition, or execution of a court	116
order, in a public or private facility designed to physically	117
restrict the movement and activities of children.	118

(14) "Developmental disability" has the same meaning as in	119
section 5123.01 of the Revised Code.	120

(15) "Foster caregiver" has the same meaning as in section	121
5103.02 of the Revised Code.	122

(16) "Guardian" means a person, association, or corporation	123
that is granted authority by a probate court pursuant to Chapter	124
2111. of the Revised Code to exercise parental rights over a child	125
to the extent provided in the court's order and subject to the	126
residual parental rights of the child's parents.	127

(17) "Habitual truant" means any child of compulsory school	128
age who is absent without legitimate excuse for absence from the	129
public school the child is supposed to attend for five or more	130
consecutive school days, seven or more school days in one school	131
month, or twelve or more school days in a school year.	132

(18) "Juvenile traffic offender" has the same meaning as in	133
section 2152.02 of the Revised Code.	134

(19) "Legal custody" means a legal status that vests in the	135
custodian the right to have physical care and control of the child	136
and to determine where and with whom the child shall live, and the	137
right and duty to protect, train, and discipline the child and to	138
provide the child with food, shelter, education, and medical care,	139
all subject to any residual parental rights, privileges, and	140
responsibilities. An individual granted legal custody shall	141
exercise the rights and responsibilities personally unless	142
otherwise authorized by any section of the Revised Code or by the	143
court.	144

(20) A "legitimate excuse for absence from the public school	145
the child is supposed to attend" includes, but is not limited to,	146
any of the following:	147

(a) The fact that the child in question has enrolled in and	148
is attending another public or nonpublic school in this or another	149
state;	150

(b) The fact that the child in question is excused from	151
attendance at school for any of the reasons specified in section	152
3321.04 of the Revised Code;	153

(c) The fact that the child in question has received an age	154
and schooling certificate in accordance with section 3331.01 of	155
the Revised Code.	156

(21) "Mental illness" and "mentally ill person subject to	157
hospitalization by court order" have the same meanings as in	158
section 5122.01 of the Revised Code.	159

(22) "Mental injury" means any behavioral, cognitive,	160
emotional, or mental disorder in a child caused by an act or	161
omission that is described in section 2919.22 of the Revised Code	162
and is committed by the parent or other person responsible for the	163
child's care.	164

(23) "Mentally retarded person" has the same meaning as in	165
section 5123.01 of the Revised Code.	166

(24) "Nonsecure care, supervision, or training" means care,	167
supervision, or training of a child in a facility that does not	168
confine or prevent movement of the child within the facility or	169
from the facility.	170

(25) "Of compulsory school age" has the same meaning as in	171
section 3321.01 of the Revised Code.	172

(26) "Organization" means any institution, public,	173
semipublic, or private, and any private association, society, or	174
agency located or operating in the state, incorporated or	175
unincorporated, having among its functions the furnishing of	176
protective services or care for children, or the placement of	177
children in certified foster homes or elsewhere.	178

(27) "Out-of-home care" means detention facilities, shelter	179
facilities, certified foster homes, placement in a prospective	180
adoptive home prior to the issuance of a final decree of adoption,	181
organizations, certified organizations, child day-care centers,	182
type A family day-care homes, child day-care provided by type B	183
family day-care home providers and by in-home aides, group home	184
providers, group homes, institutions, state institutions,	185
residential facilities, residential care facilities, residential	186
camps, day camps, hospitals, and medical clinics that are	187
responsible for the care, physical custody, or control of	188
children.	189

(28) "Out-of-home care child abuse" means any of the	190
following when committed by a person responsible for the care of a	191
child in out-of-home care:	192

(a) Engaging in sexual activity with a child in the person's	193
care;	194

(b) Denial to a child, as a means of punishment, of proper	195
or necessary subsistence, education, medical care, or other care	196
necessary for a child's health;	197

(c) Use of restraint procedures on a child that cause injury	198
or pain;	199

(d) Administration of prescription drugs or psychotropic	200
medication to the child without the written approval and ongoing	201
supervision of a licensed physician;	202

(e) Commission of any act, other than by accidental means,	203
that results in any injury to or death of the child in out-of-home	204
care or commission of any act by accidental means that results in	205
an injury to or death of a child in out-of-home care and that is	206
at variance with the history given of the injury or death.	207

(29) "Out-of-home care child neglect" means any of the	208
following when committed by a person responsible for the care of a	209
child in out-of-home care:	210

(a) Failure to provide reasonable supervision according to	211
the standards of care appropriate to the age, mental and physical	212
condition, or other special needs of the child;	213

(b) Failure to provide reasonable supervision according to	214
the standards of care appropriate to the age, mental and physical	215
condition, or other special needs of the child, that results in	216
sexual or physical abuse of the child by any person;	217

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

218

(i) Administration of prescription drugs or psychotropic	219
drugs for the child;	220

(ii) Assuring that the instructions of the licensed	221
physician who prescribed a drug for the child are followed;	222

(iii) Reporting to the licensed physician who prescribed the	223
drug all unfavorable or dangerous side effects from the use of the	224
drug.	225

(d) Failure to provide proper or necessary subsistence,	226
education, medical care, or other individualized care necessary	227
for the health or well-being of the child;	228

(e) Confinement of the child to a locked room without	229
monitoring by staff;	230

(f) Failure to provide ongoing security for all prescription	231
and nonprescription medication;	232

(g) Isolation of a child for a period of time when there is	233
substantial risk that the isolation, if continued, will impair or	234
retard the mental health or physical well-being of the child.	235

(30) "Permanent custody" means a legal status that vests in	236
a public children services agency or a private child placing	237
agency, all parental rights, duties, and obligations, including	238
the right to consent to adoption, and divests the natural parents	239
or adoptive parents of all parental rights, privileges, and	240
obligations, including all residual rights and obligations.	241

(31) "Permanent surrender" means the act of the parents or,	242
if a child has only one parent, of the parent of a child, by a	243
voluntary agreement authorized by section 5103.15 of the Revised	244
Code, to transfer the permanent custody of the child to a public	245
children services agency or a private child placing agency.	246

(32) "Person responsible for a child's care in out-of-home	247
care" means any of the following:	248

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

249

(b) Any administrator, employee, or agent of any of the	250
following: a public or private detention facility; shelter	251
facility; organization; certified organization; child day-care	252
center; type A family day-care home; certified type B family	253
day-care home; group home; institution; state institution;	254
residential facility; residential care facility; residential camp;	255
day camp; hospital; or medical clinic;	256

(c) Any other person who performs a similar function with	257
respect to, or has a similar relationship to, children.	258

(33) "Physically impaired" means having one or more of the	259
following conditions that substantially limit one or more of an	260
individual's major life activities, including self-care, receptive	261
and expressive language, learning, mobility, and self-direction:	262

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

263

(b) A congenital orthopedic impairment;

264

(c) An orthopedic impairment caused by disease, rheumatic	265
fever or any other similar chronic or acute health problem, or	266
amputation or another similar cause.	267

(34) "Placement for adoption" means the arrangement by a	268
public children services agency or a private child placing agency	269
with a person for the care and adoption by that person of a child	270
of whom the agency has permanent custody.	271

(35) "Placement in foster care" means the arrangement by a	272
public children services agency or a private child placing agency	273
for the out-of-home care of a child of whom the agency has	274
temporary custody or permanent custody.	275

(36) "Planned permanent living arrangement" means an order	276
of a juvenile court pursuant to which both of the following apply:	277

(a) The court gives legal custody of a child to a public	278
children services agency or a private child placing agency without	279
the termination of parental rights.	280

(b) The order permits the agency to make an appropriate	281
placement of the child and to enter into a written agreement with	282
a foster care provider or with another person or agency with whom	283
the child is placed.	284

(37) "Practice of social work" and "practice of professional	285
counseling" have the same meanings as in section 4757.01 of the	286
Revised Code.	287

(38) "Sanction, service, or condition" means a sanction,	288
service, or condition created by court order following an	289
adjudication that a child is an unruly child that is described in	290
division (A)(3)(4) of section 2152.19 of the Revised Code.	291

(39) "Protective supervision" means an order of disposition	292
pursuant to which the court permits an abused, neglected,	293
dependent, or unruly child to remain in the custody of the	294
child's parents, guardian, or custodian and stay in the child's	295
home, subject to any conditions and limitations upon the child,	296
the child's parents, guardian, or custodian, or any other person	297
that the court prescribes, including supervision as directed by	298
the court for the protection of the child.	299

(40) "Psychiatrist" has the same meaning as in section	300
5122.01 of the Revised Code.	301

(41) "Psychologist" has the same meaning as in section	302
4732.01 of the Revised Code.	303

(42) "Residential camp" means a program in which the care,	304
physical custody, or control of children is accepted overnight for	305
recreational or recreational and educational purposes.	306

(43) "Residential care facility" means an institution,	307
residence, or facility that is licensed by the department of	308
mental health under section 5119.22 of the Revised Code and that	309
provides care for a child.	310

(44) "Residential facility" means a home or facility that is	311
licensed by the department of mental retardation and developmental	312
disabilities under section 5123.19 of the Revised Code and in	313
which a child with a developmental disability resides.	314

(45) "Residual parental rights, privileges, and	315
responsibilities" means those rights, privileges, and	316
responsibilities remaining with the natural parent after the	317
transfer of legal custody of the child, including, but not	318
necessarily limited to, the privilege of reasonable visitation,	319
consent to adoption, the privilege to determine the child's	320
religious affiliation, and the responsibility for support.	321

(46) "School day" means the school day established by the	322
state board of education pursuant to section 3313.48 of the	323
Revised Code.	324

(47) "School month" and "school year" have the same meanings	325
as in section 3313.62 of the Revised Code.	326

(48) "Secure correctional facility" means a facility under	327
the direction of the department of youth services that is designed	328
to physically restrict the movement and activities of children and	329
used for the placement of children after adjudication and	330
disposition.	331

(49) "Sexual activity" has the same meaning as in section	332
2907.01 of the Revised Code.	333

(50) "Shelter" means the temporary care of children in	334
physically unrestricted facilities pending court adjudication or	335
disposition.	336

(51) "Shelter for victims of domestic violence" has the same	337
meaning as in section 3113.33 of the Revised Code.	338

(52) "Temporary custody" means legal custody of a child who	339
is removed from the child's home, which custody may be terminated	340
at any time at the discretion of the court or, if the legal	341
custody is granted in an agreement for temporary custody, by the	342
person who executed the agreement.	343

(C) For the purposes of this chapter, a child shall be	344
presumed abandoned when the parents of the child have failed to	345
visit or maintain contact with the child for more than ninety	346
days, regardless of whether the parents resume contact with the	347
child after that period of ninety days.	348

Sec. 2151.152.  The juvenile judge may enter into an	349
agreement with the department of job and family services pursuant	350
to section 5101.11 of the Revised Code for the purpose of	351
reimbursing the court for foster care maintenance costs and	352
associated administrative and training costs incurred on behalf of	353
a child eligible for payments under Title IV-E of the "Social	354
Security Act," 94 Stat. 501, 42 U.S.C.A. 670 (1980) and who is in	355
the temporary or permanent custody of the court or subject to a	356
disposition issued under division (A)(5) of section 2151.354 or	357
division (A)(6)(7)(a)(ii) or (A)(7)(8) of section 2152.19 of the	358
Revised Code. The agreement shall govern the responsibilities and	359
duties the court shall perform in providing services to the child.	360

Sec. 2151.35.  (A)(1) Except as otherwise provided by	361
division (A)(3) of this section or in section 2152.13 of the	362
Revised Code, the juvenile court may conduct its hearings in an	363
informal manner and may adjourn its hearings from time to time.	364
The court may exclude the general public from its hearings in a	365
particular case if the court holds a separate hearing to determine	366
whether that exclusion is appropriate. If the court decides that	367
exclusion of the general public is appropriate, the court still	368
may admit to a particular hearing or all of the hearings relating	369
to a particular case those persons who have a direct interest in	370
the case and those who demonstrate that their need for access	371
outweighs the interest in keeping the hearing closed.	372

Except cases involving children who are alleged to be unruly	373
or delinquent children for being habitual or chronic truants and	374
except as otherwise provided in section 2152.13 of the Revised	375
Code, all cases involving children shall be heard separately and	376
apart from the trial of cases against adults. The court may	377
excuse the attendance of the child at the hearing in cases	378
involving abused, neglected, or dependent children. The court	379
shall hear and determine all cases of children without a jury,	380
except cases involving serious youthful offenders under section	381
2152.13 of the Revised Code.	382

If a complaint alleges a child to be a delinquent child,	383
unruly child, or juvenile traffic offender, the court shall	384
require the parent, guardian, or custodian of the child to attend	385
all proceedings of the court regarding the child. If a parent,	386
guardian, or custodian fails to so attend, the court may find the	387
parent, guardian, or custodian in contempt.	388

If the court finds from clear and convincing evidence that	389
the child violated section 2151.87 of the Revised Code, the court	390
shall proceed in accordance with divisions (F) and (G) of that	391
section.	392

If the court at the adjudicatory hearing finds from clear and	393
convincing evidence that the child is an abused, neglected, or	394
dependent child, the court shall proceed, in accordance with	395
division (B) of this section, to hold a dispositional hearing and	396
hear the evidence as to the proper disposition to be made under	397
section 2151.353 of the Revised Code. If the court at the	398
adjudicatory hearing finds beyond a reasonable doubt that the	399
child is a delinquent or unruly child or a juvenile traffic	400
offender, the court shall proceed immediately, or at a postponed	401
hearing, to hear the evidence as to the proper disposition to be	402
made under section 2151.354 or Chapter 2152. of the Revised Code.	403
If the court at the adjudicatory hearing finds beyond a reasonable	404
doubt that the child is an unruly child for being an habitual	405
truant, or that the child is an unruly child for being an habitual	406
truant and that the parent, guardian, or other person having care	407
of the child has failed to cause the child's attendance at school	408
in violation of section 3321.38 of the Revised Code, the court	409
shall proceed to hold a hearing to hear the evidence as to the	410
proper disposition to be made in regard to the child under	411
division (C)(1) of section 2151.354 of the Revised Code and the	412
proper action to take in regard to the parent, guardian, or other	413
person having care of the child under division (C)(2) of section	414
2151.354 of the Revised Code. If the court at the adjudicatory	415
hearing finds beyond a reasonable doubt that the child is a	416
delinquent child for being a chronic truant or for being an	417
habitual truant who previously has been adjudicated an unruly	418
child for being an habitual truant, or that the child is a	419
delinquent child for either of those reasons and the parent,	420
guardian, or other person having care of the child has failed to	421
cause the child's attendance at school in violation of section	422
3321.38 of the Revised Code, the court shall proceed to hold a	423
hearing to hear the evidence as to the proper disposition to be	424
made in regard to the child under division (A)(6)(7)(a) of section	425
2152.19 of the Revised Code and the proper action to take in	426
regard to the parent, guardian, or other person having care of the	427
child under division (A)(6)(7)(b) of section 2152.19 of the	428
Revised Code.	429

If the court does not find the child to have violated section	430
2151.87 of the Revised Code or to be an abused, neglected,	431
dependent, delinquent, or unruly child or a juvenile traffic	432
offender, it shall order that the case be dismissed and that the	433
child be discharged from any detention or restriction theretofore	434
ordered.	435

(2) A record of all testimony and other oral proceedings in	436
juvenile court shall be made in all proceedings that are held	437
pursuant to section 2151.414 of the Revised Code or in which an	438
order of disposition may be made pursuant to division (A)(4) of	439
section 2151.353 of the Revised Code, and shall be made upon	440
request in any other proceedings. The record shall be made as	441
provided in section 2301.20 of the Revised Code.	442

(3) The authority of a juvenile court to exclude the general	443
public from its hearings that is provided by division (A)(1) of	444
this section does not limit or affect any right of a victim of a	445
crime or delinquent act, or of a victim's representative, under	446
Chapter 2930. of the Revised Code.	447

(B)(1) If the court at an adjudicatory hearing determines	448
that a child is an abused, neglected, or dependent child, the	449
court shall not issue a dispositional order until after the court	450
holds a separate dispositional hearing. The court may hold the	451
dispositional hearing for an adjudicated abused, neglected, or	452
dependent child immediately after the adjudicatory hearing if all	453
parties were served prior to the adjudicatory hearing with all	454
documents required for the dispositional hearing. The	455
dispositional hearing may not be held more than thirty days after	456
the adjudicatory hearing is held. The court, upon the request of	457
any party or the guardian ad litem of the child, may continue a	458
dispositional hearing for a reasonable time not to exceed the time	459
limits set forth in this division to enable a party to obtain or	460
consult counsel. The dispositional hearing shall not be held more	461
than ninety days after the date on which the complaint in the case	462
was filed.	463

If the dispositional hearing is not held within the period of	464
time required by this division, the court, on its own motion or	465
the motion of any party or the guardian ad litem of the child,	466
shall dismiss the complaint without prejudice.	467

(2) The dispositional hearing shall be conducted in	468
accordance with all of the following:	469

(a) The judge or referee who presided at the adjudicatory	470
hearing shall preside, if possible, at the dispositional hearing;	471

(b) The court may admit any evidence that is material and	472
relevant, including, but not limited to, hearsay, opinion, and	473
documentary evidence;	474

(c) Medical examiners and each investigator who prepared a	475
social history shall not be cross-examined, except upon consent of	476
the parties, for good cause shown, or as the court in its	477
discretion may direct. Any party may offer evidence	478
supplementing, explaining, or disputing any information contained	479
in the social history or other reports that may be used by the	480
court in determining disposition.	481

(3) After the conclusion of the dispositional hearing, the	482
court shall enter an appropriate judgment within seven days and	483
shall schedule the date for the hearing to be held pursuant to	484
section 2151.415 of the Revised Code. The court may make any	485
order of disposition that is set forth in section 2151.353 of the	486
Revised Code. A copy of the judgment shall be given to each party	487
and to the child's guardian ad litem. If the judgment is	488
conditional, the order shall state the conditions of the judgment.	489
If the child is not returned to the child's own home, the court	490
shall determine which school district shall bear the cost of the	491
child's education and shall comply with section 2151.36 of the	492
Revised Code.	493

(4) As part of its dispositional order, the court may issue	494
any order described in division (B) of section 2151.33 of the	495
Revised Code.	496

(C) The court shall give all parties to the action and the	497
child's guardian ad litem notice of the adjudicatory and	498
dispositional hearings in accordance with the Juvenile Rules.	499

(D) If the court issues an order pursuant to division (A)(4)	500
of section 2151.353 of the Revised Code committing a child to the	501
permanent custody of a public children services agency or a	502
private child placing agency, the parents of the child whose	503
parental rights were terminated cease to be parties to the action	504
upon the issuance of the order. This division is not intended to	505
eliminate or restrict any right of the parents to appeal the	506
permanent custody order issued pursuant to division (A)(4) of	507
section 2151.353 of the Revised Code.	508

(E) Each juvenile court shall schedule its hearings in	509
accordance with the time requirements of this chapter.	510

(F) In cases regarding abused, neglected, or dependent	511
children, the court may admit any statement of a child that the	512
court determines to be excluded by the hearsay rule if the	513
proponent of the statement informs the adverse party of the	514
proponent's intention to offer the statement and of the	515
particulars of the statement, including the name of the declarant,	516
sufficiently in advance of the hearing to provide the party with a	517
fair opportunity to prepare to challenge, respond to, or defend	518
against the statement, and the court determines all of the	519
following:	520

(1) The statement has circumstantial guarantees of	521
trustworthiness;	522

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

523

(3) The statement is more probative on the point for which	524
it is offered than any other evidence that the proponent can	525
procure through reasonable efforts;	526

(4) The general purposes of the evidence rules and the	527
interests of justice will best be served by the admission of the	528
statement into evidence.	529

(G) If a child is alleged to be an abused child, the court	530
may order that the testimony of the child be taken by deposition.	531
On motion of the prosecuting attorney, guardian ad litem, or any	532
party, or in its own discretion, the court may order that the	533
deposition be videotaped. Any deposition taken under this	534
division shall be taken with a judge or referee present.	535

If a deposition taken under this division is intended to be	536
offered as evidence at the hearing, it shall be filed with the	537
court. Part or all of the deposition is admissible in evidence if	538
counsel for all parties had an opportunity and similar motive at	539
the time of the taking of the deposition to develop the testimony	540
by direct, cross, or redirect examination and the judge determines	541
that there is reasonable cause to believe that if the child were	542
to testify in person at the hearing, the child would experience	543
emotional trauma as a result of participating at the hearing.	544

Sec. 2151.354.  (A) If the child is adjudicated an unruly	545
child, the court may:	546

(1) Make any of the dispositions authorized under section	547
2151.353 of the Revised Code;	548

(2) Place the child on community control under any	549
sanctions, services, and conditions that the court prescribes, as	550
described in division (A)(3)(4) of section 2152.19 of the Revised	551
Code, provided that, if the court imposes a period of community	552
service upon the child, the period of community service shall not	553
exceed one hundred seventy-five hours;	554

(3) Suspend or revoke the driver's license, probationary	555
driver's license, or temporary instruction permit issued to the	556
child and suspend or revoke the registration of all motor vehicles	557
registered in the name of the child. A child whose license or	558
permit is so suspended or revoked is ineligible for issuance of a	559
license or permit during the period of suspension or revocation.	560
At the end of the period of suspension or revocation, the child	561
shall not be reissued a license or permit until the child has paid	562
any applicable reinstatement fee and complied with all	563
requirements governing license reinstatement.	564

(4) Commit the child to the temporary or permanent custody	565
of the court;	566

(5) Make any further disposition the court finds proper that	567
is consistent with sections 2151.312 and 2151.56 to 2151.61 of the	568
Revised Code;	569

(6) If, after making a disposition under division (A)(1),	570
(2), or (3) of this section, the court finds upon further hearing	571
that the child is not amenable to treatment or rehabilitation	572
under that disposition, make a disposition otherwise authorized	573
under divisions (A)(1), (3), (4), (5), and (7)(8) of section	574
2152.19 of the Revised Code that is consistent with sections	575
2151.312 and 2151.56 to 2151.61 of the Revised Code.	576

(B) If a child is adjudicated an unruly child for committing	577
any act that, if committed by an adult, would be a drug abuse	578
offense, as defined in section 2925.01 of the Revised Code, or a	579
violation of division (B) of section 2917.11 of the Revised Code,	580
then, in addition to imposing, in its discretion, any other order	581
of disposition authorized by this section, the court shall do both	582
of the following:	583

(1) Require the child to participate in a drug abuse or	584
alcohol abuse counseling program;	585

(2) Suspend or revoke the temporary instruction permit,	586
probationary driver's license, or driver's license issued to the	587
child for a period of time prescribed by the court or, at the	588
discretion of the court, until the child attends and	589
satisfactorily completes a drug abuse or alcohol abuse education,	590
intervention, or treatment program specified by the court. During	591
the time the child is attending the program, the court shall	592
retain any temporary instruction permit, probationary driver's	593
license, or driver's license issued to the child and shall return	594
the permit or license when the child satisfactorily completes the	595
program.	596

(C)(1) If a child is adjudicated an unruly child for being	597
an habitual truant, in addition to or in lieu of imposing any	598
other order of disposition authorized by this section, the court	599
may do any of the following:	600

(a) Order the board of education of the child's school	601
district or the governing board of the educational service center	602
in the child's school district to require the child to attend an	603
alternative school if an alternative school has been established	604
pursuant to section 3313.533 of the Revised Code in the school	605
district in which the child is entitled to attend school;	606

(b) Require the child to participate in any academic program	607
or community service program;	608

(c) Require the child to participate in a drug abuse or	609
alcohol abuse counseling program;	610

(d) Require that the child receive appropriate medical or	611
psychological treatment or counseling;	612

(e) Make any other order that the court finds proper to	613
address the child's habitual truancy, including an order requiring	614
the child to not be absent without legitimate excuse from the	615
public school the child is supposed to attend for five or more	616
consecutive days, seven or more school days in one school month,	617
or twelve or more school days in a school year and including an	618
order requiring the child to participate in a truancy prevention	619
mediation program.	620

(2) If a child is adjudicated an unruly child for being an	621
habitual truant and the court determines that the parent,	622
guardian, or other person having care of the child has failed to	623
cause the child's attendance at school in violation of section	624
3321.38 of the Revised Code, in addition to any order of	625
disposition authorized by this section, all of the following	626
apply:	627

(a) The court may require the parent, guardian, or other	628
person having care of the child to participate in any community	629
service program, preferably a community service program that	630
requires the involvement of the parent, guardian, or other person	631
having care of the child in the school attended by the child.	632

(b) The court may require the parent, guardian, or other	633
person having care of the child to participate in a truancy	634
prevention mediation program.	635

(c) The court shall warn the parent, guardian, or other	636
person having care of the child that any subsequent adjudication	637
of the child as an unruly or delinquent child for being an	638
habitual or chronic truant may result in a criminal charge against	639
the parent, guardian, or other person having care of the child for	640
a violation of division (C) of section 2919.21 or section 2919.24	641
of the Revised Code.	642

Sec. 2151.359.  (A)(1) In any proceeding in which a child	643
has been adjudicated an unruly, abused, neglected, or dependent	644
child, on the application of a party, or on the court's own	645
motion, the court may make an order restraining or otherwise	646
controlling the conduct of any parent, guardian, or other	647
custodian in the relationship of that individual to the child if	648
the court finds that an order of that type is necessary to do	649
either of the following:	650

(a) Control any conduct or relationship that will be	651
detrimental or harmful to the child.	652

(b) Control any conduct or relationship that will tend to	653
defeat the execution of the order of disposition made or to be	654
made.	655

(2) The court shall give due notice of the application or	656
motion under division (A) of this section, the grounds for the	657
application or motion, and an opportunity to be heard to the	658
person against whom an order under this division is directed. The	659
order may include a requirement that the child's parent, guardian,	660
or other custodian enter into a recognizance with sufficient	661
surety, conditioned upon the faithful discharge of any conditions	662
or control required by the court.	663

(B) The authority to make an order under division (A) of	664
this section and any order made under that authority is in	665
addition to the authority to make an order pursuant to division	666
(C)(2) of section 2151.354 or division (A)(6)(7)(b) of section	667
2152.19 of the Revised Code and to any order made under either	668
division.	669

(C) A person's failure to comply with any order made by the	670
court under this section is contempt of court under Chapter 2705.	671
of the Revised Code.	672

Sec. 2152.02.  As used in this chapter:

673

(A) "Act charged" means the act that is identified in a	674
complaint, indictment, or information alleging that a child is a	675
delinquent child.	676

(B) "Admitted to a department of youth services facility"	677
includes admission to a facility operated, or contracted for, by	678
the department and admission to a comparable facility outside this	679
state by another state or the United States.	680

(C)(1) "Child" means a person who is under eighteen years of	681
age, except as otherwise provided in divisions (C)(2) to (6) of	682
this section.	683

(2) Subject to division (C)(3) of this section, any person	684
who violates a federal or state law or a municipal ordinance prior	685
to attaining eighteen years of age shall be deemed a "child"	686
irrespective of that person's age at the time the complaint with	687
respect to that violation is filed or the hearing on the complaint	688
is held.	689

(3) Any person who, while under eighteen years of age,	690
commits an act that would be a felony if committed by an adult and	691
who is not taken into custody or apprehended for that act until	692
after the person attains twenty-one years of age is not a child in	693
relation to that act.	694

(4) Any person whose case is transferred for criminal	695
prosecution pursuant to section 2152.12 of the Revised Code shall	696
be deemed after the transfer not to be a child in the transferred	697
case.	698

(5) Any person whose case is transferred for criminal	699
prosecution pursuant to section 2152.12 of the Revised Code and	700
who subsequently is convicted of or pleads guilty to a felony in	701
that case, and any person who is adjudicated a delinquent child	702
for the commission of an act, who has a serious youthful offender	703
dispositional sentence imposed for the act pursuant to section	704
2152.13 of the Revised Code, and whose adult portion of the	705
dispositional sentence is invoked pursuant to section 2152.14 of	706
the Revised Code, shall be deemed after the transfer or invocation	707
not to be a child in any case in which a complaint is filed	708
against the person.	709

(6) The juvenile court has jurisdiction over a person who is	710
adjudicated a delinquent child or juvenile traffic offender prior	711
to attaining eighteen years of age until the person attains	712
twenty-one years of age, and, for purposes of that jurisdiction	713
related to that adjudication, except as otherwise provided in this	714
division, a person who is so adjudicated a delinquent child or	715
juvenile traffic offender shall be deemed a "child" until the	716
person attains twenty-one years of age. If a person is so	717
adjudicated a delinquent child or juvenile traffic offender and	718
the court makes a disposition of the person under this chapter, at	719
any time after the person attains eighteen years of age, the	720
places at which the person may be held under that disposition are	721
not limited to places authorized under this chapter solely for	722
confinement of children, and the person may be confined under that	723
disposition, in accordance with division (F)(2) of section 2152.26	724
of the Revised Code, in places other than those authorized under	725
this chapter solely for confinement of children.	726

(D) "Chronic truant" means any child of compulsory school	727
age who is absent without legitimate excuse for absence from the	728
public school the child is supposed to attend for seven or more	729
consecutive school days, ten or more school days in one school	730
month, or fifteen or more school days in a school year.	731

(E) "Community corrections facility," "public safety beds,"	732
"release authority," and "supervised release" have the same	733
meanings as in section 5139.01 of the Revised Code.	734

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

735

(1) Any child, except a juvenile traffic offender, who	736
violates any law of this state or the United States, or any	737
ordinance of a political subdivision of the state, that would be	738
an offense if committed by an adult;	739

(2) Any child who violates any lawful order of the court	740
made under this chapter or under Chapter 2151. of the Revised Code	741
other than an order issued under section 2151.87 of the Revised	742
Code;	743

(3) Any child who violates division (A) of section 2923.211	744
of the Revised Code;	745

(4) Any child who is a habitual truant and who previously	746
has been adjudicated an unruly child for being a habitual truant;	747

(5) Any child who is a chronic truant.

748

(G) "Discretionary serious youthful offender" means a person	749
who is eligible for a discretionary SYO and who is not transferred	750
to adult court under a mandatory or discretionary transfer.	751

(H) "Discretionary SYO" means a case in which the juvenile	752
court, in the juvenile court's discretion, may impose a serious	753
youthful offender disposition under section 2152.13 of the Revised	754
Code.	755

(I) "Discretionary transfer" means that the juvenile court	756
has discretion to transfer a case for criminal prosecution under	757
division (B) of section 2152.12 of the Revised Code.	758

(J) "Drug abuse offense," "felony drug abuse offense," and	759
"minor drug possession offense" have the same meanings as in	760
section 2925.01 of the Revised Code.	761

(K) "Electronic monitoring device," "certified electronic	762
monitoring device," "electronically monitored house arrest,"	763
"electronic monitoring system," and "certified electronic	764
monitoring system" have the same meanings as in section 2929.23 of	765
the Revised Code.	766

(L) "Economic loss" means any economic detriment suffered by	767
a victim of a delinquent act as a result of the delinquent act and	768
includes any loss of income due to lost time at work because of	769
any injury caused to the victim and any property loss, medical	770
cost, or funeral expense incurred as a result of the delinquent	771
act.	772

(M) "Firearm" has the same meaning as in section 2923.11 of	773
the Revised Code.	774

(N) "Juvenile traffic offender" means any child who violates	775
any traffic law, traffic ordinance, or traffic regulation of this	776
state, the United States, or any political subdivision of this	777
state, other than a resolution, ordinance, or regulation of a	778
political subdivision of this state the violation of which is	779
required to be handled by a parking violations bureau or a joint	780
parking violations bureau pursuant to Chapter 4521. of the Revised	781
Code.	782

(O) A "legitimate excuse for absence from the public school	783
the child is supposed to attend" has the same meaning as in	784
section 2151.011 of the Revised Code.	785

(P) "Mandatory serious youthful offender" means a person who	786
is eligible for a mandatory SYO and who is not transferred to	787
adult court under a mandatory or discretionary transfer.	788

(Q) "Mandatory SYO" means a case in which the juvenile court	789
is required to impose a mandatory serious youthful offender	790
disposition under section 2152.13 of the Revised Code.	791

(R) "Mandatory transfer" means that a case is required to be	792
transferred for criminal prosecution under division (A) of section	793
2152.12 of the Revised Code.	794

(S) "Mental illness" has the same meaning as in section	795
5122.01 of the Revised Code.	796

(T) "Mentally retarded person" has the same meaning as in	797
section 5123.01 of the Revised Code.	798

(U) "Monitored time" and "repeat violent offender" have the	799
same meanings as in section 2929.01 of the Revised Code.	800

(V) "Of compulsory school age" has the same meaning as in	801
section 3321.01 of the Revised Code.	802

(W) "Public record" has the same meaning as in section	803
149.43 of the Revised Code.	804

(X) "Serious youthful offender" means a person who is	805
eligible for a mandatory SYO or discretionary SYO but who is not	806
transferred to adult court under a mandatory or discretionary	807
transfer.	808

(Y) "Sexually oriented offense," "habitual sex offender,"	809
"juvenile sex offender registrant," and "sexual predator" have the	810
same meanings as in section 2950.01 of the Revised Code.	811

(Z) "Traditional juvenile" means a case that is not	812
transferred to adult court under a mandatory or discretionary	813
transfer, that is eligible for a disposition under sections	814
2152.16, 2152.17, 2152.19, and 2152.20 of the Revised Code, and	815
that is not eligible for a disposition under section 2152.13 of	816
the Revised Code.	817

(AA) "Transfer" means the transfer for criminal prosecution	818
of a case involving the alleged commission by a child of an act	819
that would be an offense if committed by an adult from the	820
juvenile court to the appropriate court that has jurisdiction of	821
the offense.	822

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

823

(1) A violation of section 2903.01 or 2903.02 of the Revised	824
Code;	825

(2) A violation of section 2923.02 of the Revised Code	826
involving an attempt to commit aggravated murder or murder.	827

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

828

(1) A violation of section 2903.03, 2905.01, 2907.02,	829
2909.02, 2911.01, or 2911.11 of the Revised Code;	830

(2) A violation of section 2903.04 of the Revised Code that	831
is a felony of the first degree;	832

(3) A violation of section 2907.12 of the Revised Code as it	833
existed prior to September 3, 1996.	834

Sec. 2152.19.  (A) If a child is adjudicated a delinquent	835
child, the court may make any of the following orders of	836
disposition, in addition to any other disposition authorized or	837
required by this chapter:	838

(1) Any order that is authorized by section 2151.353 of the	839
Revised Code for the care and protection of an abused, neglected,	840
or dependent child;	841

(2) Commit the child to the temporary custody of any school,	842
camp, institution, or other facility operated for the care of	843
delinquent children by the county, by a district organized under	844
section 2152.41 or 2151.65 of the Revised Code, or by a private	845
agency or organization, within or without the state, that is	846
authorized and qualified to provide the care, treatment, or	847
placement required, including, but not limited to, a school, camp,	848
or facility operated under section 2151.65 of the Revised Code;	849

(3) Place the child in a detention facility or district	850
detention facility operated under section 2152.41 of the Revised	851
Code, for up to ninety days;	852

(4) Place the child on community control under any	853
sanctions, services, and conditions that the court prescribes. As	854
a condition of community control in every case and in addition to	855
any other condition that it imposes upon the child, the court	856
shall require the child to abide by the law during the period of	857
community control. As referred to in this division, community	858
control includes, but is not limited to, the following sanctions	859
and conditions:	860

(a) A period of basic probation supervision in which the	861
child is required to maintain contact with a person appointed to	862
supervise the child in accordance with sanctions imposed by the	863
court;	864

(b) A period of intensive probation supervision in which the	865
child is required to maintain frequent contact with a person	866
appointed by the court to supervise the child while the child is	867
seeking or maintaining employment and participating in training,	868
education, and treatment programs as the order of disposition;	869

(c) A period of day reporting in which the child is required	870
each day to report to and leave a center or another approved	871
reporting location at specified times in order to participate in	872
work, education or training, treatment, and other approved	873
programs at the center or outside the center;	874

(d) A period of community service of up to five hundred	875
hours for an act that would be a felony or a misdemeanor of the	876
first degree if committed by an adult, up to two hundred hours for	877
an act that would be a misdemeanor of the second, third, or fourth	878
degree if committed by an adult, or up to thirty hours for an act	879
that would be a minor misdemeanor if committed by an adult;	880

(e) A requirement that the child obtain a high school	881
diploma, a certificate of high school equivalence, vocational	882
training, or employment;	883

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

884

(g) A requirement of alcohol or drug assessment or	885
counseling, or a period in an alcohol or drug treatment program	886
with a level of security for the child as determined necessary by	887
the court;	888

(h) A period in which the court orders the child to observe	889
a curfew that may involve daytime or evening hours;	890

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

891

(j) A period of house arrest with or without electronic	892
monitoring;	893

(k) A period of electronic monitoring without house arrest or	894
electronically monitored house arrest that does not exceed the	895
maximum sentence of imprisonment that could be imposed upon an	896
adult who commits the same act.	897

A period of electronically monitored house arrest imposed	898
under this division shall not extend beyond the child's	899
twenty-first birthday. If a court imposes a period of	900
electronically monitored house arrest upon a child under this	901
division, it shall require the child: to wear, otherwise have	902
attached to the child's person, or otherwise be subject to	903
monitoring by a certified electronic monitoring device or to	904
participate in the operation of and monitoring by a certified	905
electronic monitoring system; to remain in the child's home or	906
other specified premises for the entire period of electronically	907
monitored house arrest except when the court permits the child to	908
leave those premises to go to school or to other specified	909
premises; to be monitored by a central system that can determine	910
the child's location at designated times; to report periodically	911
to a person designated by the court; and to enter into a written	912
contract with the court agreeing to comply with all requirements	913
imposed by the court, agreeing to pay any fee imposed by the court	914
for the costs of the electronically monitored house arrest, and	915
agreeing to waive the right to receive credit for any time served	916
on electronically monitored house arrest toward the period of any	917
other dispositional order imposed upon the child if the child	918
violates any of the requirements of the dispositional order of	919
electronically monitored house arrest. The court also may impose	920
other reasonable requirements upon the child.	921

Unless ordered by the court, a child shall not receive credit	922
for any time served on electronically monitored house arrest	923
toward any other dispositional order imposed upon the child for	924
the act for which was imposed the dispositional order of	925
electronically monitored house arrest.	926

(l) A suspension of the driver's license, probationary	927
driver's license, or temporary instruction permit issued to the	928
child or a suspension of the registration of all motor vehicles	929
registered in the name of the child. A child whose license or	930
permit is so suspended is ineligible for issuance of a license or	931
permit during the period of suspension. At the end of the period	932
of suspension, the child shall not be reissued a license or permit	933
until the child has paid any applicable reinstatement fee and	934
complied with all requirements governing license reinstatement.	935

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

936

(5)(6) Require the child to not be absent without legitimate	937
excuse from the public school the child is supposed to attend for	938
five or more consecutive days, seven or more school days in one	939
school month, or twelve or more school days in a school year;	940

(6)(7)(a) If a child is adjudicated a delinquent child for	941
being a chronic truant or an habitual truant who previously has	942
been adjudicated an unruly child for being a habitual truant, do	943
either or both of the following:	944

(i) Require the child to participate in a truancy prevention	945
mediation program;	946

(ii) Make any order of disposition as authorized by this	947
section, except that the court shall not commit the child to a	948
facility described in division (A)(2) or (3) of this section	949
unless the court determines that the child violated a lawful court	950
order made pursuant to division (C)(1)(e) of section 2151.354 of	951
the Revised Code or division (A)(5)(6) of this section.	952

(b) If a child is adjudicated a delinquent child for being a	953
chronic truant or a habitual truant who previously has been	954
adjudicated an unruly child for being a habitual truant and the	955
court determines that the parent, guardian, or other person having	956
care of the child has failed to cause the child's attendance at	957
school in violation of section 3321.38 of the Revised Code, do	958
either or both of the following:	959

(i) Require the parent, guardian, or other person having	960
care of the child to participate in a truancy prevention mediation	961
program;	962

(ii) Require the parent, guardian, or other person having	963
care of the child to participate in any community service program,	964
preferably a community service program that requires the	965
involvement of the parent, guardian, or other person having care	966
of the child in the school attended by the child.	967

(7)(8) Make any further disposition that the court finds	968
proper, except that the child shall not be placed in any of the	969
following:	970

(a) A state correctional institution, a county, multicounty,	971
or municipal jail or workhouse, or another place in which an adult	972
convicted of a crime, under arrest, or charged with a crime is	973
held;	974

(b) A community corrections facility, if the child would be	975
covered by the definition of public safety beds for purposes of	976
sections 5139.41 to 5139.45 of the Revised Code if the court	977
exercised its authority to commit the child to the legal custody	978
of the department of youth services for institutionalization or	979
institutionalization in a secure facility pursuant to this	980
chapter.	981

(B) If a child is adjudicated a delinquent child, in	982
addition to any order of disposition made under division (A) of	983
this section, the court, in the following situations, shall	984
suspend the child's temporary instruction permit, restricted	985
license, probationary driver's license, or nonresident operating	986
privilege, or suspend the child's ability to obtain such a permit:	987

(1) The child is adjudicated a delinquent child for	988
violating section 2923.122 of the Revised Code, with the	989
suspension and denial being in accordance with division (E)(1)(a),	990
(c), (d), or (e) of section 2923.122 of the Revised Code.	991

(2) The child is adjudicated a delinquent child for	992
committing an act that if committed by an adult would be a drug	993
abuse offense or for violating division (B) of section 2917.11 of	994
the Revised Code, with the suspension continuing until the child	995
attends and satisfactorily completes a drug abuse or alcohol abuse	996
education, intervention, or treatment program specified by the	997
court. During the time the child is attending the program, the	998
court shall retain any temporary instruction permit, probationary	999
driver's license, or driver's license issued to the child, and the	1000
court shall return the permit or license when the child	1001
satisfactorily completes the program.	1002

(C) The court may establish a victim-offender mediation	1003
program in which victims and their offenders meet to discuss the	1004
offense and suggest possible restitution. If the court obtains	1005
the assent of the victim of the delinquent act committed by the	1006
child, the court may require the child to participate in the	1007
program.	1008

(D)(1) If a child is adjudicated a delinquent child for	1009
committing an act that would be a felony if committed by an adult	1010
and if the child caused, attempted to cause, threatened to cause,	1011
or created a risk of physical harm to the victim of the act, the	1012
court, prior to issuing an order of disposition under this	1013
section, shall order the preparation of a victim impact statement	1014
by the probation department of the county in which the victim of	1015
the act resides, by the court's own probation department, or by a	1016
victim assistance program that is operated by the state, a county,	1017
a municipal corporation, or another governmental entity. The court	1018
shall consider the victim impact statement in determining the	1019
order of disposition to issue for the child.	1020

(2) Each victim impact statement shall identify the victim	1021
of the act for which the child was adjudicated a delinquent child,	1022
itemize any economic loss suffered by the victim as a result of	1023
the act, identify any physical injury suffered by the victim as a	1024
result of the act and the seriousness and permanence of the	1025
injury, identify any change in the victim's personal welfare or	1026
familial relationships as a result of the act and any	1027
psychological impact experienced by the victim or the victim's	1028
family as a result of the act, and contain any other information	1029
related to the impact of the act upon the victim that the court	1030
requires.	1031

(3) A victim impact statement shall be kept confidential and	1032
is not a public record. However, the court may furnish copies of	1033
the statement to the department of youth services if the	1034
delinquent child is committed to the department or to both the	1035
adjudicated delinquent child or the adjudicated delinquent child's	1036
counsel and the prosecuting attorney. The copy of a victim impact	1037
statement furnished by the court to the department pursuant to	1038
this section shall be kept confidential and is not a public	1039
record. If an officer is preparing pursuant to section 2947.06 or	1040
2951.03 of the Revised Code or Criminal Rule 32.2 a presentence	1041
investigation report pertaining to a person, the court shall make	1042
available to the officer, for use in preparing the report, a copy	1043
of any victim impact statement regarding that person. The copies	1044
of a victim impact statement that are made available to the	1045
adjudicated delinquent child or the adjudicated delinquent child's	1046
counsel and the prosecuting attorney pursuant to this division	1047
shall be returned to the court by the person to whom they were	1048
made available immediately following the imposition of an order of	1049
disposition for the child under this chapter.	1050

The copy of a victim impact statement that is made available	1051
pursuant to this division to an officer preparing a criminal	1052
presentence investigation report shall be returned to the court by	1053
the officer immediately following its use in preparing the report.	1054

(4) The department of youth services shall work with local	1055
probation departments and victim assistance programs to develop a	1056
standard victim impact statement.	1057

(E) If a child is adjudicated a delinquent child for being a	1058
chronic truant or an habitual truant who previously has been	1059
adjudicated an unruly child for being an habitual truant and the	1060
court determines that the parent, guardian, or other person having	1061
care of the child has failed to cause the child's attendance at	1062
school in violation of section 3321.38 of the Revised Code, in	1063
addition to any order of disposition it makes under this section,	1064
the court shall warn the parent, guardian, or other person having	1065
care of the child that any subsequent adjudication of the child as	1066
an unruly or delinquent child for being an habitual or chronic	1067
truant may result in a criminal charge against the parent,	1068
guardian, or other person having care of the child for a violation	1069
of division (C) of section 2919.21 or section 2919.24 of the	1070
Revised Code.	1071

(F)(1) During the period of a delinquent child's community	1072
control granted under this section, authorized probation officers	1073
who are engaged within the scope of their supervisory duties or	1074
responsibilities may search, with or without a warrant, the person	1075
of the delinquent child, the place of residence of the delinquent	1076
child, and a motor vehicle, another item of tangible or intangible	1077
personal property, or other real property in which the delinquent	1078
child has a right, title, or interest or for which the delinquent	1079
child has the express or implied permission of a person with a	1080
right, title, or interest to use, occupy, or possess if the	1081
probation officers have reasonable grounds to believe that the	1082
delinquent child is not abiding by the law or otherwise is not	1083
complying with the conditions of the delinquent child's community	1084
control. The court that places a delinquent child on community	1085
control under this section shall provide the delinquent child with	1086
a written notice that informs the delinquent child that authorized	1087
probation officers who are engaged within the scope of their	1088
supervisory duties or responsibilities may conduct those types of	1089
searches during the period of community control if they have	1090
reasonable grounds to believe that the delinquent child is not	1091
abiding by the law or otherwise is not complying with the	1092
conditions of the delinquent child's community control. The court	1093
also shall provide the written notice described in division (E)(2)	1094
of this section to each parent, guardian, or custodian of the	1095
delinquent child who is described in that division.	1096

(2) The court that places a child on community control under	1097
this section shall provide the child's parent, guardian, or other	1098
custodian with a written notice that informs them that authorized	1099
probation officers may conduct searches pursuant to division	1100
(E)(1) of this section. The notice shall specifically state that	1101
a permissible search might extend to a motor vehicle, another item	1102
of tangible or intangible personal property, or a place of	1103
residence or other real property in which a notified parent,	1104
guardian, or custodian has a right, title, or interest and that	1105
the parent, guardian, or custodian expressly or impliedly permits	1106
the child to use, occupy, or possess.	1107

(G) If a juvenile court commits a delinquent child to the	1108
custody of any person, organization, or entity pursuant to this	1109
section and if the delinquent act for which the child is so	1110
committed is a sexually oriented offense, the court in the order	1111
of disposition shall do one of the following:	1112

(1) Require that the child be provided treatment as	1113
described in division (A)(2) of section 5139.13 of the Revised	1114
Code;	1115

(2) Inform the person, organization, or entity that it is	1116
the preferred course of action in this state that the child be	1117
provided treatment as described in division (A)(2) of section	1118
5139.13 of the Revised Code and encourage the person,	1119
organization, or entity to provide that treatment.	1120

Sec.  2152.21.  (A) Unless division (C) of this section	1121
applies, if a child is adjudicated a juvenile traffic offender,	1122
the court may make any of the following orders of disposition:	1123

(1) Impose costs and one or more financial sanctions in	1124
accordance with section 2152.20 of the Revised Code;	1125

(2) Suspend the child's driver's license, probationary	1126
driver's license, or temporary instruction permit or the	1127
registration of all motor vehicles registered in the name of the	1128
child for a definite period not exceeding two years. A child	1129
whose license or permit is so suspended is ineligible for issuance	1130
of a license or permit during the period of suspension. At the	1131
end of the period of suspension, the child shall not be reissued a	1132
license or permit until the child has paid any applicable	1133
reinstatement fee and complied with all requirements governing	1134
license reinstatement.	1135

(3) Place the child on community control;

1136

(4) Require the child to make restitution for all damages	1137
caused by the child's traffic violation;	1138

(5)(a) If the child is adjudicated a juvenile traffic	1139
offender for committing a violation of division (A) of section	1140
4511.19 of the Revised Code or of a municipal ordinance that is	1141
substantially equivalent to that division, commit the child, for	1142
not longer than five days, to either of the following:	1143

(i) To the temporary custody of a detention facility or	1144
district detention facility established under section 2152.41 of	1145
the Revised Code;	1146

(ii) To the temporary custody of any school, camp,	1147
institution, or other facility for children operated in whole or	1148
in part for the care of juvenile traffic offenders of that nature	1149
by the county, by a district organized under section 2152.41 or	1150
2151.65 of the Revised Code, or by a private agency or	1151
organization within the state that is authorized and qualified to	1152
provide the care, treatment, or placement required.	1153

(b) If an order of disposition committing a child to the	1154
temporary custody of a home, school, camp, institution, or other	1155
facility of that nature is made under division (A)(5)(a) of this	1156
section, the length of the commitment shall not be reduced or	1157
diminished as a credit for any time that the child was held in a	1158
place of detention or shelter care, or otherwise was detained,	1159
prior to entry of the order of disposition.	1160

(6) If, after making a disposition under divisions (A)(1) to	1161
(5) of this section, the court finds upon further hearing that the	1162
child has failed to comply with the orders of the court and the	1163
child's operation of a motor vehicle constitutes the child a	1164
danger to the child and to others, the court may make any	1165
disposition authorized by divisions (A)(1), (3), (4), (5), and	1166
(7)(8) of section 2152.19 of the Revised Code, except that the	1167
child may not be committed to or placed in a secure correctional	1168
facility unless authorized by division (A)(5) of this section, and	1169
commitment to or placement in a detention facility may not exceed	1170
twenty-four hours.	1171

(B) If a child is adjudicated a juvenile traffic offender	1172
for violating division (A) or (B) of section 4511.19 of the	1173
Revised Code, in addition to any order of disposition made under	1174
division (A) of this section, the court shall suspend the	1175
temporary instruction permit, probationary driver's license, or	1176
driver's license issued to the child for a definite period of at	1177
least three months but not more than two years or, at the	1178
discretion of the court, until the child attends and	1179
satisfactorily completes a drug abuse or alcohol abuse education,	1180
intervention, or treatment program specified by the court. During	1181
the time the child is attending the program, the court shall	1182
retain any temporary instruction permit, probationary driver's	1183
license, or driver's license issued to the child and shall return	1184
the permit or license when the child satisfactorily completes the	1185
program.	1186

(C) If a child is adjudicated a juvenile traffic offender	1187
for violating division (B)(1) or (2) of section 4513.263 of the	1188
Revised Code, the court shall impose the appropriate fine set	1189
forth in section 4513.99 of the Revised Code. If a child is	1190
adjudicated a juvenile traffic offender for violating division	1191
(B)(3) of section 4513.263 of the Revised Code and if the child is	1192
sixteen years of age or older, the court shall impose the fine set	1193
forth in division (G) of section 4513.99 of the Revised Code. If	1194
a child is adjudicated a juvenile traffic offender for violating	1195
division (B)(3) of section 4513.263 of the Revised Code and if the	1196
child is under sixteen years of age, the court shall not impose a	1197
fine but may place the child on probation or community control.	1198

(D) A juvenile traffic offender is subject to sections	1199
4509.01 to 4509.78 of the Revised Code.	1200

Sec.  2152.26.  (A) Except as provided in divisions (B) and	1201
(F) of this section, a child alleged to be or adjudicated a	1202
delinquent child or a juvenile traffic offender may be held only	1203
in the following places:	1204

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

1205

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

1206

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

1207

(B) In addition to the places listed in division (A) of this	1208
section, a child alleged to be or adjudicated a delinquent child	1209
may be held in a detention facility for delinquent children that	1210
is under the direction or supervision of the court or other public	1211
authority or of a private agency and approved by the court and a	1212
child adjudicated a delinquent child may be held in accordance	1213
with division (F)(2) of this section in a facility of a type	1214
specified in that division. Division (B) of this section does not	1215
apply to a child alleged to be or adjudicated a delinquent child	1216
for chronic truancy, unless the child violated a lawful court	1217
order made pursuant to division (A)(5)(6) of section 2152.19 of	1218
the Revised Code. Division (B) of this section also does not	1219
apply to a child alleged to be or adjudicated a delinquent child	1220
for being an habitual truant who previously has been adjudicated	1221
an unruly child for being an habitual truant, unless the child	1222
violated a lawful court order made pursuant to division (C)(1)(e)	1223
of section 2151.354 of the Revised Code.	1224

(C)(1) Except as provided under division (C)(1) of section	1225
2151.311 of the Revised Code or division (A)(5) of section 2152.21	1226
of the Revised Code, a child alleged to be or adjudicated a	1227
juvenile traffic offender may not be held in any of the following	1228
facilities:	1229

(a) A state correctional institution, county, multicounty,	1230
or municipal jail or workhouse, or other place in which an adult	1231
convicted of crime, under arrest, or charged with a crime is held.	1232

(b) A secure correctional facility.

1233

(2) Except as provided under this section, sections 2151.56	1234
to 2151.61, and divisiondivisions (A)(5) and (6) of section	1235
2152.21 of the Revised Code, a child alleged to be or adjudicated	1236
a juvenile traffic offender may not be held for more than	1237
twenty-four hours in a detention facility.	1238

(D) Except as provided in division (F) of this section or in	1239
division (C) of section 2151.311, in division (C)(2) of section	1240
5139.06 and section 5120.162, or in division (B) of section	1241
5120.16 of the Revised Code, a child who is alleged to be or is	1242
adjudicated a delinquent child may not be held in a state	1243
correctional institution, county, multicounty, or municipal jail	1244
or workhouse, or other place where an adult convicted of crime,	1245
under arrest, or charged with crime is held.	1246

(E) Unless the detention is pursuant to division (F) of this	1247
section or division (C) of section 2151.311, division (C)(2) of	1248
section 5139.06 and section 5120.162, or division (B) of section	1249
5120.16 of the Revised Code, the official in charge of the	1250
institution, jail, workhouse, or other facility shall inform the	1251
court immediately when a child, who is or appears to be under the	1252
age of eighteen years, is received at the facility, and shall	1253
deliver the child to the court upon request or transfer the child	1254
to a detention facility designated by the court.	1255

(F)(1) If a case is transferred to another court for	1256
criminal prosecution pursuant to section 2152.12 of the Revised	1257
Code, the child may be transferred for detention pending the	1258
criminal prosecution in a jail or other facility in accordance	1259
with the law governing the detention of persons charged with	1260
crime. Any child so held shall be confined in a manner that keeps	1261
the child beyond the range of touch of all adult detainees. The	1262
child shall be supervised at all times during the detention.	1263

(2) If a person is adjudicated a delinquent child or	1264
juvenile traffic offender and the court makes a disposition of the	1265
person under this chapter, at any time after the person attains	1266
eighteen years of age, the person may be held under that	1267
disposition in places other than those specified in division (A)	1268
of this section, including, but not limited to, a county,	1269
multicounty, or municipal jail or workhouse, or other place where	1270
an adult convicted of crime, under arrest, or charged with crime	1271
is held.	1272

(3)(a) A person alleged to be a delinquent child may be held	1273
in places other than those specified in division (A) of this	1274
section, including, but not limited to, a county, multicounty, or	1275
municipal jail, if the delinquent act that the child allegedly	1276
committed would be a felony if committed by an adult, and if	1277
either of the following applies:	1278

(i) The person attains eighteen years of age before the	1279
person is arrested or apprehended for that act.	1280

(ii) The person is arrested or apprehended for that act	1281
before the person attains eighteen years of age, but the person	1282
attains eighteen years of age before the court orders a	1283
disposition in the case.	1284

(b) If, pursuant to division (F)(3)(a) of this section, a	1285
person is held in a place other than a place specified in division	1286
(A) of this section, the person has the same rights to bail as an	1287
adult charged with the same offense who is confined in a jail	1288
pending trial.	1289

Sec.  2152.41.  (A) Upon the recommendation of the judge,	1290
the board of county commissioners shall provide, by purchase,	1291
lease, construction, or otherwise, a detention facility that	1292
shall be within a convenient distance of the juvenile court. The	1293
facility shall not be used for the confinement of adults charged	1294
with criminal offenses. The facility may be used to detain	1295
alleged delinquent children until final disposition for	1296
evaluation pursuant to section 2152.04 of the Revised Code, to	1297
confine children who are adjudicated delinquent children and	1298
placed in the facility pursuant to division (A)(3) of section	1299
2152.19 of the Revised Code, and forto confine children who are	1300
adjudicated juvenile traffic offenders and committed to the	1301
facility under division (A)(5) or (6) of section 2152.21 of the	1302
Revised Code.	1303

(B) Upon the joint recommendation of the juvenile judges of	1304
two or more neighboring counties, the boards of county	1305
commissioners of the counties shall form themselves into a joint	1306
board and proceed to organize a district for the establishment and	1307
support of a detention facility for the use of the juvenile	1308
courts of those counties, in which alleged delinquent children may	1309
be detained as provided in division (A) of this section, by using	1310
a site or buildings already established in one of the counties or	1311
by providing for the purchase of a site and the erection of the	1312
necessary buildings on the site.	1313

A child who is adjudicated to be a juvenile traffic offender	1314
for having committed a violation of division (A) of section	1315
4511.19 of the Revised Code or of a municipal ordinance that is	1316
substantially comparable to that division may be confined in a	1317
detention facility or district detention facility pursuant to	1318
division (A)(5) of section 2152.21 of the Revised Code, provided	1319
the child is kept separate and apart from alleged delinquent	1320
children.	1321

Except as otherwise provided by law, district detention	1322
facilities shall be established, operated, maintained, and managed	1323
in the same manner so far as applicable as county detention	1324
facilities.	1325

Members of the board of county commissioners who meet by	1326
appointment to consider the organization of a district detention	1327
home, upon presentation of properly certified accounts, shall be	1328
paid their necessary expenses upon a warrant drawn by the county	1329
auditor of their county.	1330

The county auditor of the county having the greatest	1331
population or, with the unanimous concurrence of the county	1332
auditors of the counties composing a district, the auditor of the	1333
county in which the detention facility is located shall be the	1334
fiscal officer of a detention facility district. The county	1335
auditors of the several counties composing a detention facility	1336
district shall meet at the district detention facility, not less	1337
than once in six months, to review accounts and to transact any	1338
other duties in connection with the institution that pertain to	1339
the business of their office.	1340

(C) In any county in which there is no detention facility or	1341
that is not served by a district detention facility, the juvenile	1342
court may enter into a contract, subject to the approval of the	1343
board of county commissioners, with another juvenile court,	1344
another county's detention facility, or a joint county detention	1345
facility. Alternately, the board of county commissioners shall	1346
provide funds for the boarding of children, who would be	1347
eligible for detention under division (A) of this section,	1348
temporarily in private homes or in certified foster homes approved	1349
by the court for a period not exceeding sixty days or until final	1350
disposition of their cases, whichever comes first. The court also	1351
may arrange with any public children services agency or private	1352
child placing agency to receive, or private noncustodial agency	1353
for temporary care of, children within the jurisdiction of the	1354
court.	1355

If the court arranges for the board of children temporarily	1356
detained in certified foster homes or through any private child	1357
placing agency, the county shall pay a reasonable sum to be fixed	1358
by the court for the board of those children. In order to have	1359
certified foster homes available for service, an agreed monthly	1360
subsidy may be paid and a fixed rate per day for care of children	1361
actually residing in the certified foster home.	1362

(D) The board of county commissioners of any county within a	1363
detention facility district, upon the recommendation of the	1364
juvenile court of that county, may withdraw from the district and	1365
sell or lease its right, title, and interest in the site,	1366
buildings, furniture, and equipment of the facility to any	1367
counties in the district, at any price and upon any such terms	1368
that are agreed upon among the boards of county commissioners of	1369
the counties concerned. Section 307.10 of the Revised Code does	1370
not apply to this division. The net proceeds of any sale or lease	1371
under this division shall be paid into the treasury of the	1372
withdrawing county.	1373

The members of the board of trustees of a district detention	1374
facility who are residents of a county withdrawing from the	1375
district are deemed to have resigned their positions upon the	1376
completion of the withdrawal procedure provided by this division.	1377
The vacancies then created shall be filled as provided in this	1378
section.	1379

(E) The children to be admitted for care in a county or	1380
district detention facility established under this section, the	1381
period during which they shall be cared for in the facility, and	1382
the removal and transfer of children from the facility shall be	1383
determined by the juvenile court that ordered the child's	1384
detention.	1385

Sec.  2152.74.  (A) As used in this section, "DNA analysis"	1386
and "DNA specimen" have the same meanings as in section 109.573 of	1387
the Revised Code.	1388

(B)(1) A child who is adjudicated a delinquent child for	1389
committing an act listed in division (D) of this section and who	1390
is committed to the custody of the department of youth services,	1391
placed in a detention facility or district detention facility	1392
pursuant to division (A)(3) of section 2152.19 of the Revised	1393
Code, or toplaced in a school, camp, institution, or other	1394
facility for delinquent children described in division (A)(2) of	1395
section 2152.19 of the Revised Code shall submit to a DNA	1396
specimen collection procedure administered by the director of	1397
youth services if committed to the department or by the chief	1398
administrative officer of the detention facility, district	1399
detention facility, school, camp, institution, or other facility	1400
for delinquent children to which the child was committed or in	1401
which the child was placed. If the court commits the child to the	1402
department of youth services, the director of youth services shall	1403
cause the DNA specimen to be collected from the child during the	1404
intake process at an institution operated by or under the control	1405
of the department. If the court commits the child to or places	1406
the child in a detention facility, district detention facility,	1407
school, camp, institution, or other facility for delinquent	1408
children, the chief administrative officer of the detention	1409
facility, district detention facility, school, camp, institution,	1410
or facility to which the child is committed or in which the child	1411
is placed shall cause the DNA specimen to be collected from the	1412
child during the intake process for the detention facility,	1413
district detention facility, school, camp, institution, or	1414
facility. In accordance with division (C) of this section, the	1415
director or the chief administrative officer shall cause the DNA	1416
specimen to be forwarded to the bureau of criminal identification	1417
and investigation no later than fifteen days after the date of the	1418
collection of the DNA specimen. The DNA specimen shall be	1419
collected from the child in accordance with division (C) of this	1420
section.	1421

(2) If a child is adjudicated a delinquent child for	1422
committing an act listed in division (D) of this section, is	1423
committed to or placed in the department of youth services, a	1424
detention facility or district detention facility, or to a school,	1425
camp, institution, or other facility for delinquent children, and	1426
does not submit to a DNA specimen collection procedure pursuant to	1427
division (B)(1) of this section, prior to the child's release from	1428
the custody of the department of youth services, from the custody	1429
of the detention facility or district detention facility, or from	1430
the custody of the school, camp, institution, or facility, the	1431
child shall submit to, and the director of youth services or the	1432
chief administrator of the detention facility, district detention	1433
facility, school, camp, institution, or facility to which the	1434
child is committed or in which the child was placed shall	1435
administer, a DNA specimen collection procedure at the institution	1436
operated by or under the control of the department of youth	1437
services or at the detention facility, district detention	1438
facility, school, camp, institution, or facility to which the	1439
child is committed or in which the child was placed. In accordance	1440
with division (C) of this section, the director or the chief	1441
administrative officer shall cause the DNA specimen to be	1442
forwarded to the bureau of criminal identification and	1443
investigation no later than fifteen days after the date of the	1444
collection of the DNA specimen. The DNA specimen shall be	1445
collected in accordance with division (C) of this section.	1446

(C) If the DNA specimen is collected by withdrawing blood	1447
from the child or a similarly invasive procedure, a physician,	1448
registered nurse, licensed practical nurse, duly licensed clinical	1449
laboratory technician, or other qualified medical practitioner	1450
shall collect in a medically approved manner the DNA specimen	1451
required to be collected pursuant to division (B) of this section.	1452
If the DNA specimen is collected by swabbing for buccal cells or a	1453
similarly noninvasive procedure, this section does not require	1454
that the DNA specimen be collected by a qualified medical	1455
practitioner of that nature. No later than fifteen days after the	1456
date of the collection of the DNA specimen, the director of youth	1457
services or the chief administrative officer of the detention	1458
facility, district detention facility, school, camp, institution,	1459
or other facility for delinquent children to which the child is	1460
committed or in which the child was placed shall cause the DNA	1461
specimen to be forwarded to the bureau of criminal identification	1462
and investigation in accordance with procedures established by the	1463
superintendent of the bureau under division (H) of section 109.573	1464
of the Revised Code. The bureau shall provide the specimen vials,	1465
mailing tubes, labels, postage, and instruction needed for the	1466
collection and forwarding of the DNA specimen to the bureau.	1467

(D) The director of youth services and the chief	1468
administrative officer of a detention facility, district detention	1469
facility, school, camp, institution, or other facility for	1470
delinquent children shall cause a DNA specimen to be collected in	1471
accordance with divisions (B) and (C) of this section from each	1472
child in its custody who is adjudicated a delinquent child for	1473
committing any of the following acts:	1474

(1) A violation of section 2903.01, 2903.02, 2903.11,	1475
2905.01, 2907.02, 2907.03, 2907.05, 2911.01, 2911.02, 2911.11, or	1476
2911.12 of the Revised Code;	1477

(2) A violation of section 2907.12 of the Revised Code as it	1478
existed prior to September 3, 1996;	1479

(3) An attempt to commit a violation of section 2903.01,	1480
2903.02, 2907.02, 2907.03, or 2907.05 of the Revised Code or to	1481
commit a violation of section 2907.12 of the Revised Code as it	1482
existed prior to September 3, 1996;	1483

(4) A violation of any law that arose out of the same facts	1484
and circumstances and same act as did a charge against the child	1485
of a violation of section 2903.01, 2903.02, 2905.01, 2907.02,	1486
2907.03, 2907.05, or 2911.11 of the Revised Code that previously	1487
was dismissed or amended or as did a charge against the child of a	1488
violation of section 2907.12 of the Revised Code as it existed	1489
prior to September 3, 1996, that previously was dismissed or	1490
amended;	1491

(5) A violation of section 2905.02 or 2919.23 of the Revised	1492
Code that would have been a violation of section 2905.04 of the	1493
Revised Code as it existed prior to July 1, 1996, had the	1494
violation been committed prior to that date;	1495

(6) A felony violation of any law that arose out of the same	1496
facts and circumstances and same act as did a charge against the	1497
child of a violation of section 2903.11, 2911.01, 2911.02, or	1498
2911.12 of the Revised Code that previously was dismissed or	1499
amended;	1500

(7) A violation of section 2923.01 of the Revised Code	1501
involving a conspiracy to commit a violation of section 2903.01,	1502
2903.02, 2905.01, 2911.01, 2911.02, 2911.11, or 2911.12 of the	1503
Revised Code;	1504

(8) A violation of section 2923.03 of the Revised Code	1505
involving complicity in committing a violation of section 2903.01,	1506
2903.02, 2903.11, 2905.01, 2907.02, 2907.03, 2907.04, 2907.05,	1507
2911.01, 2911.02, 2911.11, or 2911.12 of the Revised Code or a	1508
violation of section 2907.12 of the Revised Code as it existed	1509
prior to September 3, 1996.	1510

(E) The director of youth services and the chief	1511
administrative officer of a detention facility, district detention	1512
facility, school, camp, institution, or other facility for	1513
delinquent children is not required to comply with this section in	1514
relation to the following acts until the superintendent of the	1515
bureau of criminal identification and investigation gives agencies	1516
in the juvenile justice system, as defined in section 181.51 of	1517
the Revised Code, in the state official notification that the	1518
state DNA laboratory is prepared to accept DNA specimens of that	1519
nature:	1520

(1) A violation of section 2903.11, 2911.01, 2911.02, or	1521
2911.12 of the Revised Code;	1522

(2) An attempt to commit a violation of section 2903.01 or	1523
2903.02 of the Revised Code;	1524

(3) A felony violation of any law that arose out of the same	1525
facts and circumstances and same act as did a charge against the	1526
child of a violation of section 2903.11, 2911.01, 2911.02, or	1527
2911.12 of the Revised Code that previously was dismissed or	1528
amended;	1529

(4) A violation of section 2923.01 of the Revised Code	1530
involving a conspiracy to commit a violation of section 2903.01,	1531
2903.02, 2905.01, 2911.01, 2911.02, 2911.11, or 2911.12 of the	1532
Revised Code;	1533

(5) A violation of section 2923.03 of the Revised Code	1534
involving complicity in committing a violation of section 2903.01,	1535
2903.02, 2903.11, 2905.01, 2907.02, 2907.03, 2907.04, 2907.05,	1536
2911.01, 2911.02, 2911.11, or 2911.12 of the Revised Code or a	1537
violation of section 2907.12 of the Revised Code as it existed	1538
prior to September 3, 1996.	1539

Sec. 5139.42.  In developing the formula described in section	1540
5139.41 of the Revised Code, the department of youth services	1541
shall use the data included by each juvenile court in the annual	1542
report described in division (C)(3)(b) of section 5139.43 of the	1543
Revised Code, other data included in any monthly reports that the	1544
department may require juvenile courts to file under division	1545
(C)(3)(c) of that section, and other data derived from a fiscal	1546
monitoring program or another monitoring program described in	1547
division (C)(3)(d) of that section to project or calculate the	1548
following for each year of a biennium:	1549

(A) The total number of children who will be adjudicated	1550
delinquent children by the juvenile courts for acts that if	1551
committed by an adult would be a felony;	1552

(B) The number of public safety beds;

1553

(C) The state target youth;

1554

(D) The per diem cost for the care and custody of felony	1555
delinquents that shall be calculated for each year of a biennium	1556
as follows:	1557

(1) By multiplying the state target youth by the projected	1558
length of stay of state target youth in the care and custody of	1559
the department;	1560

(2) By subtracting from the appropriation made to the	1561
department for care and custody of felony delinquents for each	1562
fiscal year of the biennium the amount of the appropriation that	1563
must be set aside pursuant to division (A) of section 5139.41 of	1564
the Revised Code for purposes of funding the contingency program	1565
described in section 5139.45 of the Revised Code, and then;	1566

(3) By dividing the remainder of the appropriation that was	1567
so calculated under division (D)(2) of this section by the product	1568
derived under division (D)(1) of this section;	1569

(3) By dividing the quotient derived under division (D)(2)	1570
of this section by the number of days in the fiscal year.	1571

(E) For each county of the state, that county's average	1572
percentage of the total number of children who during the past	1573
four fiscal years were adjudicated delinquent children by the	1574
juvenile courts for acts that, if committed by an adult, would be	1575
a felony;	1576

(F) The number of children who satisfy all of the following:

1577

(1) They are at least twelve years of age but less than	1578
eighteen years of age.	1579

(2) They were adjudicated delinquent children for having	1580
committed acts that if committed by an adult would be a felony.	1581

(3) They were committed to the department by the juvenile	1582
court of a county that has had one-tenth of one per cent or less	1583
of the statewide adjudications for felony delinquents as averaged	1584
for the past four fiscal years.	1585

(4) They are in the care and custody of an institution or a	1586
community corrections facility.	1587

Section 2. That existing sections 2151.011, 2151.152,	1588
2151.35, 2151.354, 2151.359, 2152.02, 2152.19, 2152.21, 2152.26,	1589
2152.41, 2152.74, and 5139.42 of the Revised Code are hereby	1590
repealed.	1591

Section 3.  Section 2151.35 of the Revised Code is presented	1592
in Section 1 of this act as a composite of the section as amended	1593
by both Am. Sub. S.B. 179 and Sub. S.B. 218 of the 123rd General	1594
Assembly. Section 2152.19 of the Revised Code is presented in	1595
Section 1 of this act as a composite of the section as amended by	1596
both Sub. H.B. 247 and Sub. H.B. 393 of the 124th General	1597
Assembly. The General Assembly, applying the principle stated in	1598
division (B) of section 1.52 of the Revised Code that amendments	1599
are to be harmonized if reasonably capable of simultaneous	1600
operation, finds that the composites are the resulting versions of	1601
the sections in effect prior to the effective date of the sections	1602
as presented in Section 1 of this act.	1603

Section 4. That the versions of sections 2151.354, 2152.19,	1604
and 2152.21 of the Revised Code that are scheduled to take effect	1605
January 1, 2004, be amended to read as follows:	1606

Sec. 2151.354.  (A) If the child is adjudicated an unruly	1607
child, the court may:	1608

(1) Make any of the dispositions authorized under section	1609
2151.353 of the Revised Code;	1610

(2) Place the child on community control under any	1611
sanctions, services, and conditions that the court prescribes, as	1612
described in division (A)(3)(4) of section 2152.19 of the Revised	1613
Code, provided that, if the court imposes a period of community	1614
service upon the child, the period of community service shall not	1615
exceed one hundred seventy-five hours;	1616

(3) Suspend the driver's license, probationary driver's	1617
license, or temporary instruction permit issued to the child for a	1618
period of time prescribed by the court and suspend the	1619
registration of all motor vehicles registered in the name of the	1620
child for a period of time prescribed by the court. A child whose	1621
license or permit is so suspended is ineligible for issuance of a	1622
license or permit during the period of suspension. At the end of	1623
the period of suspension, the child shall not be reissued a	1624
license or permit until the child has paid any applicable	1625
reinstatement fee and complied with all requirements governing	1626
license reinstatement.	1627

(4) Commit the child to the temporary or permanent custody	1628
of the court;	1629

(5) Make any further disposition the court finds proper that	1630
is consistent with sections 2151.312 and 2151.56 to 2151.61 of the	1631
Revised Code;	1632

(6) If, after making a disposition under division (A)(1),	1633
(2), or (3) of this section, the court finds upon further hearing	1634
that the child is not amenable to treatment or rehabilitation	1635
under that disposition, make a disposition otherwise authorized	1636
under divisions (A)(1), (3), (4), (5), and (7)(8) of section	1637
2152.19 of the Revised Code that is consistent with sections	1638
2151.312 and 2151.56 to 2151.61 of the Revised Code.	1639

(B) If a child is adjudicated an unruly child for committing	1640
any act that, if committed by an adult, would be a drug abuse	1641
offense, as defined in section 2925.01 of the Revised Code, or a	1642
violation of division (B) of section 2917.11 of the Revised Code,	1643
in addition to imposing, in its discretion, any other order of	1644
disposition authorized by this section, the court shall do both of	1645
the following:	1646

(1) Require the child to participate in a drug abuse or	1647
alcohol abuse counseling program;	1648

(2) Suspend the temporary instruction permit, probationary	1649
driver's license, or driver's license issued to the child for a	1650
period of time prescribed by the court. The court, in its	1651
discretion, may terminate the suspension if the child attends and	1652
satisfactorily completes a drug abuse or alcohol abuse education,	1653
intervention, or treatment program specified by the court. During	1654
the time the child is attending a program as described in this	1655
division, the court shall retain the child's temporary	1656
instruction permit, probationary driver's license, or driver's	1657
license, and the court shall return the permit or license if it	1658
terminates the suspension.	1659

(C)(1) If a child is adjudicated an unruly child for being	1660
an habitual truant, in addition to or in lieu of imposing any	1661
other order of disposition authorized by this section, the court	1662
may do any of the following:	1663

(a) Order the board of education of the child's school	1664
district or the governing board of the educational service center	1665
in the child's school district to require the child to attend an	1666
alternative school if an alternative school has been established	1667
pursuant to section 3313.533 of the Revised Code in the school	1668
district in which the child is entitled to attend school;	1669

(b) Require the child to participate in any academic program	1670
or community service program;	1671

(c) Require the child to participate in a drug abuse or	1672
alcohol abuse counseling program;	1673

(d) Require that the child receive appropriate medical or	1674
psychological treatment or counseling;	1675

(e) Make any other order that the court finds proper to	1676
address the child's habitual truancy, including an order requiring	1677
the child to not be absent without legitimate excuse from the	1678
public school the child is supposed to attend for five or more	1679
consecutive days, seven or more school days in one school month,	1680
or twelve or more school days in a school year and including an	1681
order requiring the child to participate in a truancy prevention	1682
mediation program.	1683

(2) If a child is adjudicated an unruly child for being an	1684
habitual truant and the court determines that the parent,	1685
guardian, or other person having care of the child has failed to	1686
cause the child's attendance at school in violation of section	1687
3321.38 of the Revised Code, in addition to any order of	1688
disposition authorized by this section, all of the following	1689
apply:	1690

(a) The court may require the parent, guardian, or other	1691
person having care of the child to participate in any community	1692
service program, preferably a community service program that	1693
requires the involvement of the parent, guardian, or other person	1694
having care of the child in the school attended by the child.	1695

(b) The court may require the parent, guardian, or other	1696
person having care of the child to participate in a truancy	1697
prevention mediation program.	1698

(c) The court shall warn the parent, guardian, or other	1699
person having care of the child that any subsequent adjudication	1700
of the child as an unruly or delinquent child for being an	1701
habitual or chronic truant may result in a criminal charge against	1702
the parent, guardian, or other person having care of the child for	1703
a violation of division (C) of section 2919.21 or section 2919.24	1704
of the Revised Code.	1705

Sec. 2152.19.  (A) If a child is adjudicated a delinquent	1706
child, the court may make any of the following orders of	1707
disposition, in addition to any other disposition authorized or	1708
required by this chapter:	1709

(1) Any order that is authorized by section 2151.353 of the	1710
Revised Code for the care and protection of an abused, neglected,	1711
or dependent child;	1712

(2) Commit the child to the temporary custody of any school,	1713
camp, institution, or other facility operated for the care of	1714
delinquent children by the county, by a district organized under	1715
section 2152.41 or 2151.65 of the Revised Code, or by a private	1716
agency or organization, within or without the state, that is	1717
authorized and qualified to provide the care, treatment, or	1718
placement required, including, but not limited to, a school, camp,	1719
or facility operated under section 2151.65 of the Revised Code;	1720

(3) Place the child in a detention facility or district	1721
detention facility operated under section 2152.41 of the Revised	1722
Code, for up to ninety days;	1723

(4) Place the child on community control under any sanctions,	1724
services, and conditions that the court prescribes. As a	1725
condition of community control in every case and in addition to	1726
any other condition that it imposes upon the child, the court	1727
shall require the child to abide by the law during the period of	1728
community control. As referred to in this division, community	1729
control includes, but is not limited to, the following sanctions	1730
and conditions:	1731

(a) A period of basic probation supervision in which the	1732
child is required to maintain contact with a person appointed to	1733
supervise the child in accordance with sanctions imposed by the	1734
court;	1735

(b) A period of intensive probation supervision in which the	1736
child is required to maintain frequent contact with a person	1737
appointed by the court to supervise the child while the child is	1738
seeking or maintaining employment and participating in training,	1739
education, and treatment programs as the order of disposition;	1740

(c) A period of day reporting in which the child is required	1741
each day to report to and leave a center or another approved	1742
reporting location at specified times in order to participate in	1743
work, education or training, treatment, and other approved	1744
programs at the center or outside the center;	1745

(d) A period of community service of up to five hundred	1746
hours for an act that would be a felony or a misdemeanor of the	1747
first degree if committed by an adult, up to two hundred hours for	1748
an act that would be a misdemeanor of the second, third, or fourth	1749
degree if committed by an adult, or up to thirty hours for an act	1750
that would be a minor misdemeanor if committed by an adult;	1751

(e) A requirement that the child obtain a high school	1752
diploma, a certificate of high school equivalence, vocational	1753
training, or employment;	1754

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

1755

(g) A requirement of alcohol or drug assessment or	1756
counseling, or a period in an alcohol or drug treatment program	1757
with a level of security for the child as determined necessary by	1758
the court;	1759

(h) A period in which the court orders the child to observe	1760
a curfew that may involve daytime or evening hours;	1761

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

1762

(j) A period of house arrest with or without electronic	1763
monitoring;	1764

(k) A period of electronic monitoring without house arrest or	1765
electronically monitored house arrest that does not exceed the	1766
maximum sentence of imprisonment that could be imposed upon an	1767
adult who commits the same act.	1768

A period of electronically monitored house arrest imposed	1769
under this division shall not extend beyond the child's	1770
twenty-first birthday. If a court imposes a period of	1771
electronically monitored house arrest upon a child under this	1772
division, it shall require the child: to wear, otherwise have	1773
attached to the child's person, or otherwise be subject to	1774
monitoring by a certified electronic monitoring device or to	1775
participate in the operation of and monitoring by a certified	1776
electronic monitoring system; to remain in the child's home or	1777
other specified premises for the entire period of electronically	1778
monitored house arrest except when the court permits the child to	1779
leave those premises to go to school or to other specified	1780
premises; to be monitored by a central system that can determine	1781
the child's location at designated times; to report periodically	1782
to a person designated by the court; and to enter into a written	1783
contract with the court agreeing to comply with all requirements	1784
imposed by the court, agreeing to pay any fee imposed by the court	1785
for the costs of the electronically monitored house arrest, and	1786
agreeing to waive the right to receive credit for any time served	1787
on electronically monitored house arrest toward the period of any	1788
other dispositional order imposed upon the child if the child	1789
violates any of the requirements of the dispositional order of	1790
electronically monitored house arrest. The court also may impose	1791
other reasonable requirements upon the child.	1792

Unless ordered by the court, a child shall not receive credit	1793
for any time served on electronically monitored house arrest	1794
toward any other dispositional order imposed upon the child for	1795
the act for which was imposed the dispositional order of	1796
electronically monitored house arrest.	1797

(l) A suspension of the driver's license, probationary	1798
driver's license, or temporary instruction permit issued to the	1799
child for a period of time prescribed by the court, or a	1800
suspension of the registration of all motor vehicles registered in	1801
the name of the child for a period of time prescribed by the	1802
court. A child whose license or permit is so suspended is	1803
ineligible for issuance of a license or permit during the period	1804
of suspension. At the end of the period of suspension, the child	1805
shall not be reissued a license or permit until the child has paid	1806
any applicable reinstatement fee and complied with all	1807
requirements governing license reinstatement.	1808

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

1809

(5)(6) Require the child to not be absent without legitimate	1810
excuse from the public school the child is supposed to attend for	1811
five or more consecutive days, seven or more school days in one	1812
school month, or twelve or more school days in a school year;	1813

(6)(7)(a) If a child is adjudicated a delinquent child for	1814
being a chronic truant or an habitual truant who previously has	1815
been adjudicated an unruly child for being a habitual truant, do	1816
either or both of the following:	1817

(i) Require the child to participate in a truancy prevention	1818
mediation program;	1819

(ii) Make any order of disposition as authorized by this	1820
section, except that the court shall not commit the child to a	1821
facility described in division (A)(2) or (3) of this section	1822
unless the court determines that the child violated a lawful court	1823
order made pursuant to division (C)(1)(e) of section 2151.354 of	1824
the Revised Code or division (A)(5)(6) of this section.	1825

(b) If a child is adjudicated a delinquent child for being a	1826
chronic truant or a habitual truant who previously has been	1827
adjudicated an unruly child for being a habitual truant and the	1828
court determines that the parent, guardian, or other person having	1829
care of the child has failed to cause the child's attendance at	1830
school in violation of section 3321.38 of the Revised Code, do	1831
either or both of the following:	1832

(i) Require the parent, guardian, or other person having	1833
care of the child to participate in a truancy prevention mediation	1834
program;	1835

(ii) Require the parent, guardian, or other person having	1836
care of the child to participate in any community service program,	1837
preferably a community service program that requires the	1838
involvement of the parent, guardian, or other person having care	1839
of the child in the school attended by the child.	1840

(7)(8) Make any further disposition that the court finds	1841
proper, except that the child shall not be placed in any of the	1842
following:	1843

(a) A state correctional institution, a county, multicounty,	1844
or municipal jail or workhouse, or another place in which an adult	1845
convicted of a crime, under arrest, or charged with a crime is	1846
held;	1847

(b) A community corrections facility, if the child would be	1848
covered by the definition of public safety beds for purposes of	1849
sections 5139.41 to 5139.45 of the Revised Code if the court	1850
exercised its authority to commit the child to the legal custody	1851
of the department of youth services for institutionalization or	1852
institutionalization in a secure facility pursuant to this	1853
chapter.	1854

(B) If a child is adjudicated a delinquent child, in	1855
addition to any order of disposition made under division (A) of	1856
this section, the court, in the following situations and for the	1857
specified periods of time, shall suspend the child's temporary	1858
instruction permit, restricted license, probationary driver's	1859
license, or nonresident operating privilege, or suspend the	1860
child's ability to obtain such a permit:	1861

(1) If the child is adjudicated a delinquent child for	1862
violating section 2923.122 of the Revised Code, impose a class	1863
four suspension of the child's license, permit, or privilege from	1864
the range specified in division (A)(4) of section 4510.02 of the	1865
Revised Code or deny the child the issuance of a license or permit	1866
in accordance with division (F)(1) of section 2923.122 of the	1867
Revised Code.	1868

(2) If the child is adjudicated a delinquent child for	1869
committing an act that if committed by an adult would be a drug	1870
abuse offense or for violating division (B) of section 2917.11 of	1871
the Revised Code, suspend the child's license, permit, or	1872
privilege for a period of time prescribed by the court. The court,	1873
in its discretion, may terminate the suspension if the child	1874
attends and satisfactorily completes a drug abuse or alcohol abuse	1875
education, intervention, or treatment program specified by the	1876
court. During the time the child is attending a program	1877
described in this division, the court shall retain the child's	1878
temporary instruction permit, probationary driver's license, or	1879
driver's license, and the court shall return the permit or license	1880
if it terminates the suspension as described in this division.	1881

(C) The court may establish a victim-offender mediation	1882
program in which victims and their offenders meet to discuss the	1883
offense and suggest possible restitution. If the court obtains	1884
the assent of the victim of the delinquent act committed by the	1885
child, the court may require the child to participate in the	1886
program.	1887

(D)(1) If a child is adjudicated a delinquent child for	1888
committing an act that would be a felony if committed by an adult	1889
and if the child caused, attempted to cause, threatened to cause,	1890
or created a risk of physical harm to the victim of the act, the	1891
court, prior to issuing an order of disposition under this	1892
section, shall order the preparation of a victim impact statement	1893
by the probation department of the county in which the victim of	1894
the act resides, by the court's own probation department, or by a	1895
victim assistance program that is operated by the state, a county,	1896
a municipal corporation, or another governmental entity. The court	1897
shall consider the victim impact statement in determining the	1898
order of disposition to issue for the child.	1899

(2) Each victim impact statement shall identify the victim	1900
of the act for which the child was adjudicated a delinquent child,	1901
itemize any economic loss suffered by the victim as a result of	1902
the act, identify any physical injury suffered by the victim as a	1903
result of the act and the seriousness and permanence of the	1904
injury, identify any change in the victim's personal welfare or	1905
familial relationships as a result of the act and any	1906
psychological impact experienced by the victim or the victim's	1907
family as a result of the act, and contain any other information	1908
related to the impact of the act upon the victim that the court	1909
requires.	1910

(3) A victim impact statement shall be kept confidential and	1911
is not a public record. However, the court may furnish copies of	1912
the statement to the department of youth services if the	1913
delinquent child is committed to the department or to both the	1914
adjudicated delinquent child or the adjudicated delinquent child's	1915
counsel and the prosecuting attorney. The copy of a victim impact	1916
statement furnished by the court to the department pursuant to	1917
this section shall be kept confidential and is not a public	1918
record. If an officer is preparing pursuant to section 2947.06 or	1919
2951.03 of the Revised Code or Criminal Rule 32.2 a presentence	1920
investigation report pertaining to a person, the court shall make	1921
available to the officer, for use in preparing the report, a copy	1922
of any victim impact statement regarding that person. The copies	1923
of a victim impact statement that are made available to the	1924
adjudicated delinquent child or the adjudicated delinquent child's	1925
counsel and the prosecuting attorney pursuant to this division	1926
shall be returned to the court by the person to whom they were	1927
made available immediately following the imposition of an order of	1928
disposition for the child under this chapter.	1929

The copy of a victim impact statement that is made available	1930
pursuant to this division to an officer preparing a criminal	1931
presentence investigation report shall be returned to the court by	1932
the officer immediately following its use in preparing the report.	1933

(4) The department of youth services shall work with local	1934
probation departments and victim assistance programs to develop a	1935
standard victim impact statement.	1936

(E) If a child is adjudicated a delinquent child for being a	1937
chronic truant or an habitual truant who previously has been	1938
adjudicated an unruly child for being an habitual truant and the	1939
court determines that the parent, guardian, or other person having	1940
care of the child has failed to cause the child's attendance at	1941
school in violation of section 3321.38 of the Revised Code, in	1942
addition to any order of disposition it makes under this section,	1943
the court shall warn the parent, guardian, or other person having	1944
care of the child that any subsequent adjudication of the child as	1945
an unruly or delinquent child for being an habitual or chronic	1946
truant may result in a criminal charge against the parent,	1947
guardian, or other person having care of the child for a violation	1948
of division (C) of section 2919.21 or section 2919.24 of the	1949
Revised Code.	1950

(F)(1) During the period of a delinquent child's community	1951
control granted under this section, authorized probation officers	1952
who are engaged within the scope of their supervisory duties or	1953
responsibilities may search, with or without a warrant, the person	1954
of the delinquent child, the place of residence of the delinquent	1955
child, and a motor vehicle, another item of tangible or intangible	1956
personal property, or other real property in which the delinquent	1957
child has a right, title, or interest or for which the delinquent	1958
child has the express or implied permission of a person with a	1959
right, title, or interest to use, occupy, or possess if the	1960
probation officers have reasonable grounds to believe that the	1961
delinquent child is not abiding by the law or otherwise is not	1962
complying with the conditions of the delinquent child's community	1963
control. The court that places a delinquent child on community	1964
control under this section shall provide the delinquent child with	1965
a written notice that informs the delinquent child that authorized	1966
probation officers who are engaged within the scope of their	1967
supervisory duties or responsibilities may conduct those types of	1968
searches during the period of community control if they have	1969
reasonable grounds to believe that the delinquent child is not	1970
abiding by the law or otherwise is not complying with the	1971
conditions of the delinquent child's community control. The court	1972
also shall provide the written notice described in division (E)(2)	1973
of this section to each parent, guardian, or custodian of the	1974
delinquent child who is described in that division.	1975

(2) The court that places a child on community control under	1976
this section shall provide the child's parent, guardian, or other	1977
custodian with a written notice that informs them that authorized	1978
probation officers may conduct searches pursuant to division	1979
(E)(1) of this section. The notice shall specifically state that	1980
a permissible search might extend to a motor vehicle, another item	1981
of tangible or intangible personal property, or a place of	1982
residence or other real property in which a notified parent,	1983
guardian, or custodian has a right, title, or interest and that	1984
the parent, guardian, or custodian expressly or impliedly permits	1985
the child to use, occupy, or possess.	1986

(G) If a juvenile court commits a delinquent child to the	1987
custody of any person, organization, or entity pursuant to this	1988
section and if the delinquent act for which the child is so	1989
committed is a sexually oriented offense, the court in the order	1990
of disposition shall do one of the following:	1991

(1) Require that the child be provided treatment as	1992
described in division (A)(2) of section 5139.13 of the Revised	1993
Code;	1994

(2) Inform the person, organization, or entity that it is	1995
the preferred course of action in this state that the child be	1996
provided treatment as described in division (A)(2) of section	1997
5139.13 of the Revised Code and encourage the person,	1998
organization, or entity to provide that treatment.	1999

Sec. 2152.21.  (A) Unless division (C) of this section	2000
applies, if a child is adjudicated a juvenile traffic offender,	2001
the court may make any of the following orders of disposition:	2002

(1) Impose costs and one or more financial sanctions in	2003
accordance with section 2152.20 of the Revised Code;	2004

(2) Suspend the child's driver's license, probationary	2005
driver's license, or temporary instruction permit for a definite	2006
period not exceeding two years or suspend the registration of all	2007
motor vehicles registered in the name of the child for a definite	2008
period not exceeding two years. A child whose license or permit	2009
is so suspended is ineligible for issuance of a license or permit	2010
during the period of suspension. At the end of the period of	2011
suspension, the child shall not be reissued a license or permit	2012
until the child has paid any applicable reinstatement fee and	2013
complied with all requirements governing license reinstatement.	2014

(3) Place the child on community control;

2015

(4) Require the child to make restitution for all damages	2016
caused by the child's traffic violation;	2017

(5)(a) If the child is adjudicated a juvenile traffic	2018
offender for committing a violation of division (A) of section	2019
4511.19 of the Revised Code or of a municipal ordinance that is	2020
substantially equivalent to that division, commit the child, for	2021
not longer than five days, to either of the following:	2022

(i) The temporary custody of a detention facility or	2023
district detention facility established under section 2152.41 of	2024
the Revised Code;	2025

(ii) The temporary custody of any school, camp, institution,	2026
or other facility for children operated in whole or in part for	2027
the care of juvenile traffic offenders of that nature by the	2028
county, by a district organized under section 2152.41 or 2151.65	2029
of the Revised Code, or by a private agency or organization within	2030
the state that is authorized and qualified to provide the care,	2031
treatment, or placement required.	2032

(b) If an order of disposition committing a child to the	2033
temporary custody of a home, school, camp, institution, or other	2034
facility of that nature is made under division (A)(5)(a) of this	2035
section, the length of the commitment shall not be reduced or	2036
diminished as a credit for any time that the child was held in a	2037
place of detention or shelter care, or otherwise was detained,	2038
prior to entry of the order of disposition.	2039

(6) If, after making a disposition under divisions (A)(1) to	2040
(5) of this section, the court finds upon further hearing that the	2041
child has failed to comply with the orders of the court and the	2042
child's operation of a motor vehicle constitutes the child a	2043
danger to the child and to others, the court may make any	2044
disposition authorized by divisions (A)(1), (3), (4), (5), and	2045
(7)(8) of section 2152.19 of the Revised Code, except that the	2046
child may not be committed to or placed in a secure correctional	2047
facility unless authorized by division (A)(5) of this section, and	2048
commitment to or placement in a detention facility may not exceed	2049
twenty-four hours.	2050

(B) If a child is adjudicated a juvenile traffic offender	2051
for violating division (A) or (B) of section 4511.19 of the	2052
Revised Code, in addition to any order of disposition made under	2053
division (A) of this section, the court shall impose a class six	2054
suspension of the temporary instruction permit, probationary	2055
driver's license, or driver's license issued to the child from	2056
the range specified in division (A)(6) of section 4510.02 of the	2057
Revised Code. The court, in its discretion, may terminate the	2058
suspension if the child attends and satisfactorily completes a	2059
drug abuse or alcohol abuse education, intervention, or treatment	2060
program specified by the court. During the time the child is	2061
attending a program as described in this division, the court	2062
shall retain the child's temporary instruction permit,	2063
probationary driver's license, or driver's license issued, and the	2064
court shall return the permit or license if it terminates the	2065
suspension as described in this division.	2066

(C) If a child is adjudicated a juvenile traffic offender	2067
for violating division (B)(1) of section 4513.263 of the Revised	2068
Code, the court shall impose the appropriate fine set forth in	2069
division (G) of that section. If a child is adjudicated a juvenile	2070
traffic offender for violating division (B)(3) of section 4513.263	2071
of the Revised Code and if the child is sixteen years of age or	2072
older, the court shall impose the fine set forth in division	2073
(G)(2) of that section. If a child is adjudicated a juvenile	2074
traffic offender for violating division (B)(3) of section 4513.263	2075
of the Revised Code and if the child is under sixteen years of	2076
age, the court shall not impose a fine but may place the child on	2077
probation or community control.	2078

(D) A juvenile traffic offender is subject to sections	2079
4509.01 to 4509.78 of the Revised Code.	2080

Section 5. That the existing versions of sections 2151.354,	2081
2152.19, and 2152.21 of the Revised Code that are scheduled to	2082
take effect January 1, 2004, are hereby repealed.	2083

Section 6. Sections 4 and 5 of this act shall take effect	2084
January 1, 2004.	2085