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

To amend sections 2151.011, 2151.35, 2151.354,

1

2151.359, 2152.02, 2152.19, 2152.21, 2152.26,

2

2152.41, 2152.74, and 5139.42 of the Revised Code

3

to specifically permit the confinement of

4

adjudicated delinquent children in a juvenile

5

detention facility and the confinement of a person

6

under a disposition imposed for a delinquent child

7

or juvenile traffic offender disposition, after the

8

person attains 18 years of age, in a facility other

9

than one for juveniles and to revise the formula

10

for calculating the per diem cost for the care and

11

custody of felony delinquents.

12

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

Section 1. That sections 2151.011, 2151.35, 2151.354,	13
2151.359, 2152.02, 2152.19, 2152.21, 2152.26, 2152.41, 2152.74,	14
and 5139.42 of the Revised Code be amended to read as follows:	15

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

16

(1) "Juvenile court" means whichever of the following is	17
applicable that has jurisdiction under this chapter and Chapter	18
2152. of the Revised Code:	19

(a) The division of the court of common pleas specified in	20
section 2101.022 or 2301.03 of the Revised Code as having	21
jurisdiction under this chapter and Chapter 2152. of the Revised	22
Code or as being the juvenile division or the juvenile division	23
combined with one or more other divisions;	24

(b) The juvenile court of Cuyahoga county or Hamilton county	25
that is separately and independently created by section 2151.08	26
or Chapter 2153. of the Revised Code and that has jurisdiction	27
under this chapter and Chapter 2152. of the Revised Code;	28

(c) If division (A)(1)(a) or (b) of this section does not	29
apply, the probate division of the court of common pleas.	30

(2) "Juvenile judge" means a judge of a court having	31
jurisdiction under this chapter.	32

(3) "Private child placing agency" means any association, as	33
defined in section 5103.02 of the Revised Code, that is certified	34
under section 5103.03 of the Revised Code to accept temporary,	35
permanent, or legal custody of children and place the children for	36
either foster care or adoption.	37

(4) "Private noncustodial agency" means any person,	38
organization, association, or society certified by the department	39
of job and family services that does not accept temporary or	40
permanent legal custody of children, that is privately operated in	41
this state, and that does one or more of the following:	42

(a) Receives and cares for children for two or more	43
consecutive weeks;	44

(b) Participates in the placement of children in certified	45
foster homes;	46

(c) Provides adoption services in conjunction with a public	47
children services agency or private child placing agency.	48

(B) As used in this chapter:

49

(1) "Adequate parental care" means the provision by a	50
child's parent or parents, guardian, or custodian of adequate	51
food, clothing, and shelter to ensure the child's health and	52
physical safety and the provision by a child's parent or parents	53
of specialized services warranted by the child's physical or	54
mental needs.	55

(2) "Adult" means an individual who is eighteen years of age	56
or older.	57

(3) "Agreement for temporary custody" means a voluntary	58
agreement authorized by section 5103.15 of the Revised Code that	59
transfers the temporary custody of a child to a public children	60
services agency or a private child placing agency.	61

(4) "Certified foster home" means a foster home, as defined	62
in section 5103.02 of the Revised Code, certified under section	63
5103.03 of the Revised Code.	64

(5) "Child" means a person who is under eighteen years of	65
age, except that the juvenile court has jurisdiction over any	66
person who is adjudicated an unruly child prior to attaining	67
eighteen years of age until the person attains twenty-one years of	68
age, and, for purposes of that jurisdiction related to that	69
adjudication, a person who is so adjudicated an unruly child shall	70
be deemed a "child" until the person attains twenty-one years of	71
age.	72

(6) "Child day camp," "child day-care," "child day-care	73
center," "part-time child day-care center," "type A family	74
day-care home," "certified type B family day-care home," "type B	75
home," "administrator of a child day-care center," "administrator	76
of a type A family day-care home," "in-home aide," and "authorized	77
provider" have the same meanings as in section 5104.01 of the	78
Revised Code.	79

(7) "Child day-care provider" means an individual who is a	80
child-care staff member or administrator of a child day-care	81
center, a type A family day-care home, or a type B family day-care	82
home, or an in-home aide or an individual who is licensed, is	83
regulated, is approved, operates under the direction of, or	84
otherwise is certified by the department of job and family	85
services, department of mental retardation and developmental	86
disabilities, or the early childhood programs of the department of	87
education.	88

(8) "Chronic truant" has the same meaning as in section	89
2152.02 of the Revised Code.	90

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

91

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

92

(a) General counseling services performed by a public	93
children services agency or shelter for victims of domestic	94
violence to assist a child, a child's parents, and a child's	95
siblings in alleviating identified problems that may cause or have	96
caused the child to be an abused, neglected, or dependent child.	97

(b) Psychiatric or psychological therapeutic counseling	98
services provided to correct or alleviate any mental or emotional	99
illness or disorder and performed by a licensed psychiatrist,	100
licensed psychologist, or a person licensed under Chapter 4757. of	101
the Revised Code to engage in social work or professional	102
counseling.	103

(11) "Custodian" means a person who has legal custody of a	104
child or a public children services agency or private child	105
placing agency that has permanent, temporary, or legal custody of	106
a child.	107

(12) "Delinquent child" has the same meaning as in section	108
2152.02 of the Revised Code.	109

(13) "Detention" means the temporary care of children	110
pending court adjudication or disposition, or execution of a court	111
order, in a public or private facility designed to physically	112
restrict the movement and activities of children.	113

(14) "Developmental disability" has the same meaning as in	114
section 5123.01 of the Revised Code.	115

(15) "Foster caregiver" has the same meaning as in section	116
5103.02 of the Revised Code.	117

(16) "Guardian" means a person, association, or corporation	118
that is granted authority by a probate court pursuant to Chapter	119
2111. of the Revised Code to exercise parental rights over a child	120
to the extent provided in the court's order and subject to the	121
residual parental rights of the child's parents.	122

(17) "Habitual truant" means any child of compulsory school	123
age who is absent without legitimate excuse for absence from the	124
public school the child is supposed to attend for five or more	125
consecutive school days, seven or more school days in one school	126
month, or twelve or more school days in a school year.	127

(18) "Juvenile traffic offender" has the same meaning as in	128
section 2152.02 of the Revised Code.	129

(19) "Legal custody" means a legal status that vests in the	130
custodian the right to have physical care and control of the child	131
and to determine where and with whom the child shall live, and the	132
right and duty to protect, train, and discipline the child and to	133
provide the child with food, shelter, education, and medical care,	134
all subject to any residual parental rights, privileges, and	135
responsibilities. An individual granted legal custody shall	136
exercise the rights and responsibilities personally unless	137
otherwise authorized by any section of the Revised Code or by the	138
court.	139

(20) A "legitimate excuse for absence from the public school	140
the child is supposed to attend" includes, but is not limited to,	141
any of the following:	142

(a) The fact that the child in question has enrolled in and	143
is attending another public or nonpublic school in this or another	144
state;	145

(b) The fact that the child in question is excused from	146
attendance at school for any of the reasons specified in section	147
3321.04 of the Revised Code;	148

(c) The fact that the child in question has received an age	149
and schooling certificate in accordance with section 3331.01 of	150
the Revised Code.	151

(21) "Mental illness" and "mentally ill person subject to	152
hospitalization by court order" have the same meanings as in	153
section 5122.01 of the Revised Code.	154

(22) "Mental injury" means any behavioral, cognitive,	155
emotional, or mental disorder in a child caused by an act or	156
omission that is described in section 2919.22 of the Revised Code	157
and is committed by the parent or other person responsible for the	158
child's care.	159

(23) "Mentally retarded person" has the same meaning as in	160
section 5123.01 of the Revised Code.	161

(24) "Nonsecure care, supervision, or training" means care,	162
supervision, or training of a child in a facility that does not	163
confine or prevent movement of the child within the facility or	164
from the facility.	165

(25) "Of compulsory school age" has the same meaning as in	166
section 3321.01 of the Revised Code.	167

(26) "Organization" means any institution, public,	168
semipublic, or private, and any private association, society, or	169
agency located or operating in the state, incorporated or	170
unincorporated, having among its functions the furnishing of	171
protective services or care for children, or the placement of	172
children in certified foster homes or elsewhere.	173

(27) "Out-of-home care" means detention facilities, shelter	174
facilities, certified foster homes, placement in a prospective	175
adoptive home prior to the issuance of a final decree of adoption,	176
organizations, certified organizations, child day-care centers,	177
type A family day-care homes, child day-care provided by type B	178
family day-care home providers and by in-home aides, group home	179
providers, group homes, institutions, state institutions,	180
residential facilities, residential care facilities, residential	181
camps, day camps, hospitals, and medical clinics that are	182
responsible for the care, physical custody, or control of	183
children.	184

(28) "Out-of-home care child abuse" means any of the	185
following when committed by a person responsible for the care of a	186
child in out-of-home care:	187

(a) Engaging in sexual activity with a child in the person's	188
care;	189

(b) Denial to a child, as a means of punishment, of proper	190
or necessary subsistence, education, medical care, or other care	191
necessary for a child's health;	192

(c) Use of restraint procedures on a child that cause injury	193
or pain;	194

(d) Administration of prescription drugs or psychotropic	195
medication to the child without the written approval and ongoing	196
supervision of a licensed physician;	197

(e) Commission of any act, other than by accidental means,	198
that results in any injury to or death of the child in out-of-home	199
care or commission of any act by accidental means that results in	200
an injury to or death of a child in out-of-home care and that is	201
at variance with the history given of the injury or death.	202

(29) "Out-of-home care child neglect" means any of the	203
following when committed by a person responsible for the care of a	204
child in out-of-home care:	205

(a) Failure to provide reasonable supervision according to	206
the standards of care appropriate to the age, mental and physical	207
condition, or other special needs of the child;	208

(b) Failure to provide reasonable supervision according to	209
the standards of care appropriate to the age, mental and physical	210
condition, or other special needs of the child, that results in	211
sexual or physical abuse of the child by any person;	212

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

213

(i) Administration of prescription drugs or psychotropic	214
drugs for the child;	215

(ii) Assuring that the instructions of the licensed	216
physician who prescribed a drug for the child are followed;	217

(iii) Reporting to the licensed physician who prescribed the	218
drug all unfavorable or dangerous side effects from the use of the	219
drug.	220

(d) Failure to provide proper or necessary subsistence,	221
education, medical care, or other individualized care necessary	222
for the health or well-being of the child;	223

(e) Confinement of the child to a locked room without	224
monitoring by staff;	225

(f) Failure to provide ongoing security for all prescription	226
and nonprescription medication;	227

(g) Isolation of a child for a period of time when there is	228
substantial risk that the isolation, if continued, will impair or	229
retard the mental health or physical well-being of the child.	230

(30) "Permanent custody" means a legal status that vests in	231
a public children services agency or a private child placing	232
agency, all parental rights, duties, and obligations, including	233
the right to consent to adoption, and divests the natural parents	234
or adoptive parents of all parental rights, privileges, and	235
obligations, including all residual rights and obligations.	236

(31) "Permanent surrender" means the act of the parents or,	237
if a child has only one parent, of the parent of a child, by a	238
voluntary agreement authorized by section 5103.15 of the Revised	239
Code, to transfer the permanent custody of the child to a public	240
children services agency or a private child placing agency.	241

(32) "Person responsible for a child's care in out-of-home	242
care" means any of the following:	243

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

244

(b) Any administrator, employee, or agent of any of the	245
following: a public or private detention facility; shelter	246
facility; organization; certified organization; child day-care	247
center; type A family day-care home; certified type B family	248
day-care home; group home; institution; state institution;	249
residential facility; residential care facility; residential camp;	250
day camp; hospital; or medical clinic;	251

(c) Any other person who performs a similar function with	252
respect to, or has a similar relationship to, children.	253

(33) "Physically impaired" means having one or more of the	254
following conditions that substantially limit one or more of an	255
individual's major life activities, including self-care, receptive	256
and expressive language, learning, mobility, and self-direction:	257

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

258

(b) A congenital orthopedic impairment;

259

(c) An orthopedic impairment caused by disease, rheumatic	260
fever or any other similar chronic or acute health problem, or	261
amputation or another similar cause.	262

(34) "Placement for adoption" means the arrangement by a	263
public children services agency or a private child placing agency	264
with a person for the care and adoption by that person of a child	265
of whom the agency has permanent custody.	266

(35) "Placement in foster care" means the arrangement by a	267
public children services agency or a private child placing agency	268
for the out-of-home care of a child of whom the agency has	269
temporary custody or permanent custody.	270

(36) "Planned permanent living arrangement" means an order	271
of a juvenile court pursuant to which both of the following apply:	272

(a) The court gives legal custody of a child to a public	273
children services agency or a private child placing agency without	274
the termination of parental rights.	275

(b) The order permits the agency to make an appropriate	276
placement of the child and to enter into a written agreement with	277
a foster care provider or with another person or agency with whom	278
the child is placed.	279

(37) "Practice of social work" and "practice of professional	280
counseling" have the same meanings as in section 4757.01 of the	281
Revised Code.	282

(38) "Sanction, service, or condition" means a sanction,	283
service, or condition created by court order following an	284
adjudication that a child is an unruly child that is described in	285
division (A)(3)(4) of section 2152.19 of the Revised Code.	286

(39) "Protective supervision" means an order of disposition	287
pursuant to which the court permits an abused, neglected,	288
dependent, or unruly child to remain in the custody of the	289
child's parents, guardian, or custodian and stay in the child's	290
home, subject to any conditions and limitations upon the child,	291
the child's parents, guardian, or custodian, or any other person	292
that the court prescribes, including supervision as directed by	293
the court for the protection of the child.	294

(40) "Psychiatrist" has the same meaning as in section	295
5122.01 of the Revised Code.	296

(41) "Psychologist" has the same meaning as in section	297
4732.01 of the Revised Code.	298

(42) "Residential camp" means a program in which the care,	299
physical custody, or control of children is accepted overnight for	300
recreational or recreational and educational purposes.	301

(43) "Residential care facility" means an institution,	302
residence, or facility that is licensed by the department of	303
mental health under section 5119.22 of the Revised Code and that	304
provides care for a child.	305

(44) "Residential facility" means a home or facility that is	306
licensed by the department of mental retardation and developmental	307
disabilities under section 5123.19 of the Revised Code and in	308
which a child with a developmental disability resides.	309

(45) "Residual parental rights, privileges, and	310
responsibilities" means those rights, privileges, and	311
responsibilities remaining with the natural parent after the	312
transfer of legal custody of the child, including, but not	313
necessarily limited to, the privilege of reasonable visitation,	314
consent to adoption, the privilege to determine the child's	315
religious affiliation, and the responsibility for support.	316

(46) "School day" means the school day established by the	317
state board of education pursuant to section 3313.48 of the	318
Revised Code.	319

(47) "School month" and "school year" have the same meanings	320
as in section 3313.62 of the Revised Code.	321

(48) "Secure correctional facility" means a facility under	322
the direction of the department of youth services that is designed	323
to physically restrict the movement and activities of children and	324
used for the placement of children after adjudication and	325
disposition.	326

(49) "Sexual activity" has the same meaning as in section	327
2907.01 of the Revised Code.	328

(50) "Shelter" means the temporary care of children in	329
physically unrestricted facilities pending court adjudication or	330
disposition.	331

(51) "Shelter for victims of domestic violence" has the same	332
meaning as in section 3113.33 of the Revised Code.	333

(52) "Temporary custody" means legal custody of a child who	334
is removed from the child's home, which custody may be terminated	335
at any time at the discretion of the court or, if the legal	336
custody is granted in an agreement for temporary custody, by the	337
person who executed the agreement.	338

(C) For the purposes of this chapter, a child shall be	339
presumed abandoned when the parents of the child have failed to	340
visit or maintain contact with the child for more than ninety	341
days, regardless of whether the parents resume contact with the	342
child after that period of ninety days.	343

Sec. 2151.35.  (A)(1) Except as otherwise provided by	344
division (A)(3) of this section or in section 2152.13 of the	345
Revised Code, the juvenile court may conduct its hearings in an	346
informal manner and may adjourn its hearings from time to time.	347
The court may exclude the general public from its hearings in a	348
particular case if the court holds a separate hearing to determine	349
whether that exclusion is appropriate. If the court decides that	350
exclusion of the general public is appropriate, the court still	351
may admit to a particular hearing or all of the hearings relating	352
to a particular case those persons who have a direct interest in	353
the case and those who demonstrate that their need for access	354
outweighs the interest in keeping the hearing closed.	355

Except cases involving children who are alleged to be unruly	356
or delinquent children for being habitual or chronic truants and	357
except as otherwise provided in section 2152.13 of the Revised	358
Code, all cases involving children shall be heard separately and	359
apart from the trial of cases against adults. The court may	360
excuse the attendance of the child at the hearing in cases	361
involving abused, neglected, or dependent children. The court	362
shall hear and determine all cases of children without a jury,	363
except cases involving serious youthful offenders under section	364
2152.13 of the Revised Code.	365

If a complaint alleges a child to be a delinquent child,	366
unruly child, or juvenile traffic offender, the court shall	367
require the parent, guardian, or custodian of the child to attend	368
all proceedings of the court regarding the child. If a parent,	369
guardian, or custodian fails to so attend, the court may find the	370
parent, guardian, or custodian in contempt.	371

If the court finds from clear and convincing evidence that	372
the child violated section 2151.87 of the Revised Code, the court	373
shall proceed in accordance with divisions (F) and (G) of that	374
section.	375

If the court at the adjudicatory hearing finds from clear and	376
convincing evidence that the child is an abused, neglected, or	377
dependent child, the court shall proceed, in accordance with	378
division (B) of this section, to hold a dispositional hearing and	379
hear the evidence as to the proper disposition to be made under	380
section 2151.353 of the Revised Code. If the court at the	381
adjudicatory hearing finds beyond a reasonable doubt that the	382
child is a delinquent or unruly child or a juvenile traffic	383
offender, the court shall proceed immediately, or at a postponed	384
hearing, to hear the evidence as to the proper disposition to be	385
made under section 2151.354 or Chapter 2152. of the Revised Code.	386
If the court at the adjudicatory hearing finds beyond a reasonable	387
doubt that the child is an unruly child for being an habitual	388
truant, or that the child is an unruly child for being an habitual	389
truant and that the parent, guardian, or other person having care	390
of the child has failed to cause the child's attendance at school	391
in violation of section 3321.38 of the Revised Code, the court	392
shall proceed to hold a hearing to hear the evidence as to the	393
proper disposition to be made in regard to the child under	394
division (C)(1) of section 2151.354 of the Revised Code and the	395
proper action to take in regard to the parent, guardian, or other	396
person having care of the child under division (C)(2) of section	397
2151.354 of the Revised Code. If the court at the adjudicatory	398
hearing finds beyond a reasonable doubt that the child is a	399
delinquent child for being a chronic truant or for being an	400
habitual truant who previously has been adjudicated an unruly	401
child for being an habitual truant, or that the child is a	402
delinquent child for either of those reasons and the parent,	403
guardian, or other person having care of the child has failed to	404
cause the child's attendance at school in violation of section	405
3321.38 of the Revised Code, the court shall proceed to hold a	406
hearing to hear the evidence as to the proper disposition to be	407
made in regard to the child under division (A)(6)(7)(a) of section	408
2152.19 of the Revised Code and the proper action to take in	409
regard to the parent, guardian, or other person having care of the	410
child under division (A)(6)(7)(b) of section 2152.19 of the	411
Revised Code.	412

If the court does not find the child to have violated section	413
2151.87 of the Revised Code or to be an abused, neglected,	414
dependent, delinquent, or unruly child or a juvenile traffic	415
offender, it shall order that the case be dismissed and that the	416
child be discharged from any detention or restriction theretofore	417
ordered.	418

(2) A record of all testimony and other oral proceedings in	419
juvenile court shall be made in all proceedings that are held	420
pursuant to section 2151.414 of the Revised Code or in which an	421
order of disposition may be made pursuant to division (A)(4) of	422
section 2151.353 of the Revised Code, and shall be made upon	423
request in any other proceedings. The record shall be made as	424
provided in section 2301.20 of the Revised Code.	425

(3) The authority of a juvenile court to exclude the general	426
public from its hearings that is provided by division (A)(1) of	427
this section does not limit or affect any right of a victim of a	428
crime or delinquent act, or of a victim's representative, under	429
Chapter 2930. of the Revised Code.	430

(B)(1) If the court at an adjudicatory hearing determines	431
that a child is an abused, neglected, or dependent child, the	432
court shall not issue a dispositional order until after the court	433
holds a separate dispositional hearing. The court may hold the	434
dispositional hearing for an adjudicated abused, neglected, or	435
dependent child immediately after the adjudicatory hearing if all	436
parties were served prior to the adjudicatory hearing with all	437
documents required for the dispositional hearing. The	438
dispositional hearing may not be held more than thirty days after	439
the adjudicatory hearing is held. The court, upon the request of	440
any party or the guardian ad litem of the child, may continue a	441
dispositional hearing for a reasonable time not to exceed the time	442
limits set forth in this division to enable a party to obtain or	443
consult counsel. The dispositional hearing shall not be held more	444
than ninety days after the date on which the complaint in the case	445
was filed.	446

If the dispositional hearing is not held within the period of	447
time required by this division, the court, on its own motion or	448
the motion of any party or the guardian ad litem of the child,	449
shall dismiss the complaint without prejudice.	450

(2) The dispositional hearing shall be conducted in	451
accordance with all of the following:	452

(a) The judge or referee who presided at the adjudicatory	453
hearing shall preside, if possible, at the dispositional hearing;	454

(b) The court may admit any evidence that is material and	455
relevant, including, but not limited to, hearsay, opinion, and	456
documentary evidence;	457

(c) Medical examiners and each investigator who prepared a	458
social history shall not be cross-examined, except upon consent of	459
the parties, for good cause shown, or as the court in its	460
discretion may direct. Any party may offer evidence	461
supplementing, explaining, or disputing any information contained	462
in the social history or other reports that may be used by the	463
court in determining disposition.	464

(3) After the conclusion of the dispositional hearing, the	465
court shall enter an appropriate judgment within seven days and	466
shall schedule the date for the hearing to be held pursuant to	467
section 2151.415 of the Revised Code. The court may make any	468
order of disposition that is set forth in section 2151.353 of the	469
Revised Code. A copy of the judgment shall be given to each party	470
and to the child's guardian ad litem. If the judgment is	471
conditional, the order shall state the conditions of the judgment.	472
If the child is not returned to the child's own home, the court	473
shall determine which school district shall bear the cost of the	474
child's education and shall comply with section 2151.36 of the	475
Revised Code.	476

(4) As part of its dispositional order, the court may issue	477
any order described in division (B) of section 2151.33 of the	478
Revised Code.	479

(C) The court shall give all parties to the action and the	480
child's guardian ad litem notice of the adjudicatory and	481
dispositional hearings in accordance with the Juvenile Rules.	482

(D) If the court issues an order pursuant to division (A)(4)	483
of section 2151.353 of the Revised Code committing a child to the	484
permanent custody of a public children services agency or a	485
private child placing agency, the parents of the child whose	486
parental rights were terminated cease to be parties to the action	487
upon the issuance of the order. This division is not intended to	488
eliminate or restrict any right of the parents to appeal the	489
permanent custody order issued pursuant to division (A)(4) of	490
section 2151.353 of the Revised Code.	491

(E) Each juvenile court shall schedule its hearings in	492
accordance with the time requirements of this chapter.	493

(F) In cases regarding abused, neglected, or dependent	494
children, the court may admit any statement of a child that the	495
court determines to be excluded by the hearsay rule if the	496
proponent of the statement informs the adverse party of the	497
proponent's intention to offer the statement and of the	498
particulars of the statement, including the name of the declarant,	499
sufficiently in advance of the hearing to provide the party with a	500
fair opportunity to prepare to challenge, respond to, or defend	501
against the statement, and the court determines all of the	502
following:	503

(1) The statement has circumstantial guarantees of	504
trustworthiness;	505

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

506

(3) The statement is more probative on the point for which	507
it is offered than any other evidence that the proponent can	508
procure through reasonable efforts;	509

(4) The general purposes of the evidence rules and the	510
interests of justice will best be served by the admission of the	511
statement into evidence.	512

(G) If a child is alleged to be an abused child, the court	513
may order that the testimony of the child be taken by deposition.	514
On motion of the prosecuting attorney, guardian ad litem, or any	515
party, or in its own discretion, the court may order that the	516
deposition be videotaped. Any deposition taken under this	517
division shall be taken with a judge or referee present.	518

If a deposition taken under this division is intended to be	519
offered as evidence at the hearing, it shall be filed with the	520
court. Part or all of the deposition is admissible in evidence if	521
counsel for all parties had an opportunity and similar motive at	522
the time of the taking of the deposition to develop the testimony	523
by direct, cross, or redirect examination and the judge determines	524
that there is reasonable cause to believe that if the child were	525
to testify in person at the hearing, the child would experience	526
emotional trauma as a result of participating at the hearing.	527

Sec. 2151.354.  (A) If the child is adjudicated an unruly	528
child, the court may:	529

(1) Make any of the dispositions authorized under section	530
2151.353 of the Revised Code;	531

(2) Place the child on community control under any	532
sanctions, services, and conditions that the court prescribes, as	533
described in division (A)(3)(4) of section 2152.19 of the Revised	534
Code;	535

(3) Suspend or revoke the driver's license, probationary	536
driver's license, or temporary instruction permit issued to the	537
child and suspend or revoke the registration of all motor vehicles	538
registered in the name of the child. A child whose license or	539
permit is so suspended or revoked is ineligible for issuance of a	540
license or permit during the period of suspension or revocation.	541
At the end of the period of suspension or revocation, the child	542
shall not be reissued a license or permit until the child has paid	543
any applicable reinstatement fee and complied with all	544
requirements governing license reinstatement.	545

(4) Commit the child to the temporary or permanent custody	546
of the court;	547

(5) Make any further disposition the court finds proper that	548
is consistent with sections 2151.312 and 2151.56 to 2151.61 of the	549
Revised Code;	550

(6) If, after making a disposition under division (A)(1),	551
(2), or (3) of this section, the court finds upon further hearing	552
that the child is not amenable to treatment or rehabilitation	553
under that disposition, make a disposition otherwise authorized	554
under divisions (A)(1), (3), (4), (5), and (7)(8) of section	555
2152.19 of the Revised Code that is consistent with sections	556
2151.312 and 2151.56 to 2151.61 of the Revised Code.	557

(B) If a child is adjudicated an unruly child for committing	558
any act that, if committed by an adult, would be a drug abuse	559
offense, as defined in section 2925.01 of the Revised Code, or a	560
violation of division (B) of section 2917.11 of the Revised Code,	561
then, in addition to imposing, in its discretion, any other order	562
of disposition authorized by this section, the court shall do both	563
of the following:	564

(1) Require the child to participate in a drug abuse or	565
alcohol abuse counseling program;	566

(2) Suspend or revoke the temporary instruction permit,	567
probationary driver's license, or driver's license issued to the	568
child for a period of time prescribed by the court or, at the	569
discretion of the court, until the child attends and	570
satisfactorily completes a drug abuse or alcohol abuse education,	571
intervention, or treatment program specified by the court. During	572
the time the child is attending the program, the court shall	573
retain any temporary instruction permit, probationary driver's	574
license, or driver's license issued to the child and shall return	575
the permit or license when the child satisfactorily completes the	576
program.	577

(C)(1) If a child is adjudicated an unruly child for being	578
an habitual truant, in addition to or in lieu of imposing any	579
other order of disposition authorized by this section, the court	580
may do any of the following:	581

(a) Order the board of education of the child's school	582
district or the governing board of the educational service center	583
in the child's school district to require the child to attend an	584
alternative school if an alternative school has been established	585
pursuant to section 3313.533 of the Revised Code in the school	586
district in which the child is entitled to attend school;	587

(b) Require the child to participate in any academic program	588
or community service program;	589

(c) Require the child to participate in a drug abuse or	590
alcohol abuse counseling program;	591

(d) Require that the child receive appropriate medical or	592
psychological treatment or counseling;	593

(e) Make any other order that the court finds proper to	594
address the child's habitual truancy, including an order requiring	595
the child to not be absent without legitimate excuse from the	596
public school the child is supposed to attend for five or more	597
consecutive days, seven or more school days in one school month,	598
or twelve or more school days in a school year and including an	599
order requiring the child to participate in a truancy prevention	600
mediation program.	601

(2) If a child is adjudicated an unruly child for being an	602
habitual truant and the court determines that the parent,	603
guardian, or other person having care of the child has failed to	604
cause the child's attendance at school in violation of section	605
3321.38 of the Revised Code, in addition to any order of	606
disposition authorized by this section, all of the following	607
apply:	608

(a) The court may require the parent, guardian, or other	609
person having care of the child to participate in any community	610
service program, preferably a community service program that	611
requires the involvement of the parent, guardian, or other person	612
having care of the child in the school attended by the child.	613

(b) The court may require the parent, guardian, or other	614
person having care of the child to participate in a truancy	615
prevention mediation program.	616

(c) The court shall warn the parent, guardian, or other	617
person having care of the child that any subsequent adjudication	618
of the child as an unruly or delinquent child for being an	619
habitual or chronic truant may result in a criminal charge against	620
the parent, guardian, or other person having care of the child for	621
a violation of division (C) of section 2919.21 or section 2919.24	622
of the Revised Code.	623

Sec. 2151.359.  (A)(1) In any proceeding in which a child	624
has been adjudicated an unruly, abused, neglected, or dependent	625
child, on the application of a party, or on the court's own	626
motion, the court may make an order restraining or otherwise	627
controlling the conduct of any parent, guardian, or other	628
custodian in the relationship of that individual to the child if	629
the court finds that an order of that type is necessary to do	630
either of the following:	631

(a) Control any conduct or relationship that will be	632
detrimental or harmful to the child.	633

(b) Control any conduct or relationship that will tend to	634
defeat the execution of the order of disposition made or to be	635
made.	636

(2) The court shall give due notice of the application or	637
motion under division (A) of this section, the grounds for the	638
application or motion, and an opportunity to be heard to the	639
person against whom an order under this division is directed. The	640
order may include a requirement that the child's parent, guardian,	641
or other custodian enter into a recognizance with sufficient	642
surety, conditioned upon the faithful discharge of any conditions	643
or control required by the court.	644

(B) The authority to make an order under division (A) of	645
this section and any order made under that authority is in	646
addition to the authority to make an order pursuant to division	647
(C)(2) of section 2151.354 or division (A)(6)(7)(b) of section	648
2152.19 of the Revised Code and to any order made under either	649
division.	650

(C) A person's failure to comply with any order made by the	651
court under this section is contempt of court under Chapter 2705.	652
of the Revised Code.	653

Sec. 2152.02.  As used in this chapter:

654

(A) "Act charged" means the act that is identified in a	655
complaint, indictment, or information alleging that a child is a	656
delinquent child.	657

(B) "Admitted to a department of youth services facility"	658
includes admission to a facility operated, or contracted for, by	659
the department and admission to a comparable facility outside this	660
state by another state or the United States.	661

(C)(1) "Child" means a person who is under eighteen years of	662
age, except as otherwise provided in divisions (C)(2) to (6) of	663
this section.	664

(2) Subject to division (C)(3) of this section, any person	665
who violates a federal or state law or a municipal ordinance prior	666
to attaining eighteen years of age shall be deemed a "child"	667
irrespective of that person's age at the time the complaint with	668
respect to that violation is filed or the hearing on the complaint	669
is held.	670

(3) Any person who, while under eighteen years of age,	671
commits an act that would be a felony if committed by an adult and	672
who is not taken into custody or apprehended for that act until	673
after the person attains twenty-one years of age is not a child in	674
relation to that act.	675

(4) Any person whose case is transferred for criminal	676
prosecution pursuant to section 2152.12 of the Revised Code shall	677
be deemed after the transfer not to be a child in the transferred	678
case.	679

(5) Any person whose case is transferred for criminal	680
prosecution pursuant to section 2152.12 of the Revised Code and	681
who subsequently is convicted of or pleads guilty to a felony in	682
that case, and any person who is adjudicated a delinquent child	683
for the commission of an act, who has a serious youthful offender	684
dispositional sentence imposed for the act pursuant to section	685
2152.13 of the Revised Code, and whose adult portion of the	686
dispositional sentence is invoked pursuant to section 2152.14 of	687
the Revised Code, shall be deemed after the transfer or invocation	688
not to be a child in any case in which a complaint is filed	689
against the person.	690

(6) The juvenile court has jurisdiction over a person who is	691
adjudicated a delinquent child or juvenile traffic offender prior	692
to attaining eighteen years of age until the person attains	693
twenty-one years of age, and, for purposes of that jurisdiction	694
related to that adjudication, except as otherwise provided in this	695
division, a person who is so adjudicated a delinquent child or	696
juvenile traffic offender shall be deemed a "child" until the	697
person attains twenty-one years of age. If a person is so	698
adjudicated a delinquent child or juvenile traffic offender and	699
the court makes a disposition of the person under this chapter, at	700
any time after the person attains eighteen years of age, the	701
places at which the person may be held under that disposition are	702
not limited to places authorized under this chapter solely for	703
confinement of children, and the person may be confined under that	704
disposition, in accordance with division (F)(2) of section 2152.26	705
of the Revised Code, in places other than those authorized under	706
this chapter solely for confinement of children.	707

(D) "Chronic truant" means any child of compulsory school	708
age who is absent without legitimate excuse for absence from the	709
public school the child is supposed to attend for seven or more	710
consecutive school days, ten or more school days in one school	711
month, or fifteen or more school days in a school year.	712

(E) "Community corrections facility," "public safety beds,"	713
"release authority," and "supervised release" have the same	714
meanings as in section 5139.01 of the Revised Code.	715

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

716

(1) Any child, except a juvenile traffic offender, who	717
violates any law of this state or the United States, or any	718
ordinance of a political subdivision of the state, that would be	719
an offense if committed by an adult;	720

(2) Any child who violates any lawful order of the court	721
made under this chapter or under Chapter 2151. of the Revised Code	722
other than an order issued under section 2151.87 of the Revised	723
Code;	724

(3) Any child who violates division (A) of section 2923.211	725
of the Revised Code;	726

(4) Any child who is a habitual truant and who previously	727
has been adjudicated an unruly child for being a habitual truant;	728

(5) Any child who is a chronic truant.

729

(G) "Discretionary serious youthful offender" means a person	730
who is eligible for a discretionary SYO and who is not transferred	731
to adult court under a mandatory or discretionary transfer.	732

(H) "Discretionary SYO" means a case in which the juvenile	733
court, in the juvenile court's discretion, may impose a serious	734
youthful offender disposition under section 2152.13 of the Revised	735
Code.	736

(I) "Discretionary transfer" means that the juvenile court	737
has discretion to transfer a case for criminal prosecution under	738
division (B) of section 2152.12 of the Revised Code.	739

(J) "Drug abuse offense," "felony drug abuse offense," and	740
"minor drug possession offense" have the same meanings as in	741
section 2925.01 of the Revised Code.	742

(K) "Electronic monitoring device," "certified electronic	743
monitoring device," "electronically monitored house arrest,"	744
"electronic monitoring system," and "certified electronic	745
monitoring system" have the same meanings as in section 2929.23 of	746
the Revised Code.	747

(L) "Economic loss" means any economic detriment suffered by	748
a victim of a delinquent act as a result of the delinquent act and	749
includes any loss of income due to lost time at work because of	750
any injury caused to the victim and any property loss, medical	751
cost, or funeral expense incurred as a result of the delinquent	752
act.	753

(M) "Firearm" has the same meaning as in section 2923.11 of	754
the Revised Code.	755

(N) "Juvenile traffic offender" means any child who violates	756
any traffic law, traffic ordinance, or traffic regulation of this	757
state, the United States, or any political subdivision of this	758
state, other than a resolution, ordinance, or regulation of a	759
political subdivision of this state the violation of which is	760
required to be handled by a parking violations bureau or a joint	761
parking violations bureau pursuant to Chapter 4521. of the Revised	762
Code.	763

(O) A "legitimate excuse for absence from the public school	764
the child is supposed to attend" has the same meaning as in	765
section 2151.011 of the Revised Code.	766

(P) "Mandatory serious youthful offender" means a person who	767
is eligible for a mandatory SYO and who is not transferred to	768
adult court under a mandatory or discretionary transfer.	769

(Q) "Mandatory SYO" means a case in which the juvenile court	770
is required to impose a mandatory serious youthful offender	771
disposition under section 2152.13 of the Revised Code.	772

(R) "Mandatory transfer" means that a case is required to be	773
transferred for criminal prosecution under division (A) of section	774
2152.12 of the Revised Code.	775

(S) "Mental illness" has the same meaning as in section	776
5122.01 of the Revised Code.	777

(T) "Mentally retarded person" has the same meaning as in	778
section 5123.01 of the Revised Code.	779

(U) "Monitored time" and "repeat violent offender" have the	780
same meanings as in section 2929.01 of the Revised Code.	781

(V) "Of compulsory school age" has the same meaning as in	782
section 3321.01 of the Revised Code.	783

(W) "Public record" has the same meaning as in section	784
149.43 of the Revised Code.	785

(X) "Serious youthful offender" means a person who is	786
eligible for a mandatory SYO or discretionary SYO but who is not	787
transferred to adult court under a mandatory or discretionary	788
transfer.	789

(Y) "Sexually oriented offense," "habitual sex offender,"	790
"juvenile sex offender registrant," and "sexual predator" have the	791
same meanings as in section 2950.01 of the Revised Code.	792

(Z) "Traditional juvenile" means a case that is not	793
transferred to adult court under a mandatory or discretionary	794
transfer, that is eligible for a disposition under sections	795
2152.16, 2152.17, 2152.19, and 2152.20 of the Revised Code, and	796
that is not eligible for a disposition under section 2152.13 of	797
the Revised Code.	798

(AA) "Transfer" means the transfer for criminal prosecution	799
of a case involving the alleged commission by a child of an act	800
that would be an offense if committed by an adult from the	801
juvenile court to the appropriate court that has jurisdiction of	802
the offense.	803

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

804

(1) A violation of section 2903.01 or 2903.02 of the Revised	805
Code;	806

(2) A violation of section 2923.02 of the Revised Code	807
involving an attempt to commit aggravated murder or murder.	808

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

809

(1) A violation of section 2903.03, 2905.01, 2907.02,	810
2909.02, 2911.01, or 2911.11 of the Revised Code;	811

(2) A violation of section 2903.04 of the Revised Code that	812
is a felony of the first degree;	813

(3) A violation of section 2907.12 of the Revised Code as it	814
existed prior to September 3, 1996.	815

Sec. 2152.19.  (A) If a child is adjudicated a delinquent	816
child, the court may make any of the following orders of	817
disposition, in addition to any other disposition authorized or	818
required by this chapter:	819

(1) Any order that is authorized by section 2151.353 of the	820
Revised Code for the care and protection of an abused, neglected,	821
or dependent child.;	822

(2) Commit the child to the temporary custody of any school,	823
camp, institution, or other facility operated for the care of	824
delinquent children by the county, by a district organized under	825
section 2152.41 or 2151.65 of the Revised Code, or by a private	826
agency or organization, within or without the state, that is	827
authorized and qualified to provide the care, treatment, or	828
placement required, including, but not limited to, a school, camp,	829
or facility operated under section 2151.65 of the Revised Code;	830

(3) Place the child in a detention facility or district	831
detention facility operated under section 2152.41 of the Revised	832
Code, for up to ninety days;	833

(4) Place the child on community control under any sanctions,	834
services, and conditions that the court prescribes. As a	835
condition of community control in every case and in addition to	836
any other condition that it imposes upon the child, the court	837
shall require the child to abide by the law during the period of	838
community control. As referred to in this division, community	839
control includes, but is not limited to, the following sanctions	840
and conditions:	841

(a) A period of basic probation supervision in which the	842
child is required to maintain contact with a person appointed to	843
supervise the child in accordance with sanctions imposed by the	844
court;	845

(b) A period of intensive probation supervision in which the	846
child is required to maintain frequent contact with a person	847
appointed by the court to supervise the child while the child is	848
seeking or maintaining employment and participating in training,	849
education, and treatment programs as the order of disposition;	850

(c) A period of day reporting in which the child is required	851
each day to report to and leave a center or another approved	852
reporting location at specified times in order to participate in	853
work, education or training, treatment, and other approved	854
programs at the center or outside the center;	855

(d) A period of community service of up to five hundred	856
hours for an act that would be a felony or a misdemeanor of the	857
first degree if committed by an adult, up to two hundred hours for	858
an act that would be a misdemeanor of the second, third, or fourth	859
degree if committed by an adult, or up to thirty hours for an act	860
that would be a minor misdemeanor if committed by an adult;	861

(e) A requirement that the child obtain a high school	862
diploma, a certificate of high school equivalence, vocational	863
training, or employment;	864

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

865

(g) A requirement of alcohol or drug assessment or	866
counseling, or a period in an alcohol or drug treatment program	867
with a level of security for the child as determined necessary by	868
the court;	869

(h) A period in which the court orders the child to observe	870
a curfew that may involve daytime or evening hours;	871

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

872

(j) A period of house arrest with or without electronic	873
monitoring;	874

(k) A period of electronic monitoring without house arrest or	875
electronically monitored house arrest that does not exceed the	876
maximum sentence of imprisonment that could be imposed upon an	877
adult who commits the same act.	878

A period of electronically monitored house arrest imposed	879
under this division shall not extend beyond the child's	880
twenty-first birthday. If a court imposes a period of	881
electronically monitored house arrest upon a child under this	882
division, it shall require the child: to wear, otherwise have	883
attached to the child's person, or otherwise be subject to	884
monitoring by a certified electronic monitoring device or to	885
participate in the operation of and monitoring by a certified	886
electronic monitoring system; to remain in the child's home or	887
other specified premises for the entire period of electronically	888
monitored house arrest except when the court permits the child to	889
leave those premises to go to school or to other specified	890
premises; to be monitored by a central system that can determine	891
the child's location at designated times; to report periodically	892
to a person designated by the court; and to enter into a written	893
contract with the court agreeing to comply with all requirements	894
imposed by the court, agreeing to pay any fee imposed by the court	895
for the costs of the electronically monitored house arrest, and	896
agreeing to waive the right to receive credit for any time served	897
on electronically monitored house arrest toward the period of any	898
other dispositional order imposed upon the child if the child	899
violates any of the requirements of the dispositional order of	900
electronically monitored house arrest. The court also may impose	901
other reasonable requirements upon the child.	902

Unless ordered by the court, a child shall not receive credit	903
for any time served on electronically monitored house arrest	904
toward any other dispositional order imposed upon the child for	905
the act for which was imposed the dispositional order of	906
electronically monitored house arrest.	907

(l) A suspension of the driver's license, probationary	908
driver's license, or temporary instruction permit issued to the	909
child or a suspension of the registration of all motor vehicles	910
registered in the name of the child. A child whose license or	911
permit is so suspended is ineligible for issuance of a license or	912
permit during the period of suspension. At the end of the period	913
of suspension, the child shall not be reissued a license or permit	914
until the child has paid any applicable reinstatement fee and	915
complied with all requirements governing license reinstatement.	916

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

917

(5)(6) Require the child to not be absent without legitimate	918
excuse from the public school the child is supposed to attend for	919
five or more consecutive days, seven or more school days in one	920
school month, or twelve or more school days in a school year;	921

(6)(7)(a) If a child is adjudicated a delinquent child for	922
being a chronic truant or an habitual truant who previously has	923
been adjudicated an unruly child for being a habitual truant, do	924
either or both of the following:	925

(i) Require the child to participate in a truancy prevention	926
mediation program;	927

(ii) Make any order of disposition as authorized by this	928
section, except that the court shall not commit the child to a	929
facility described in division (A)(2) or (3) of this section	930
unless the court determines that the child violated a lawful court	931
order made pursuant to division (C)(1)(e) of section 2151.354 of	932
the Revised Code or division (A)(5)(6) of this section.	933

(b) If a child is adjudicated a delinquent child for being a	934
chronic truant or a habitual truant who previously has been	935
adjudicated an unruly child for being a habitual truant and the	936
court determines that the parent, guardian, or other person having	937
care of the child has failed to cause the child's attendance at	938
school in violation of section 3321.38 of the Revised Code, do	939
either or both of the following:	940

(i) Require the parent, guardian, or other person having	941
care of the child to participate in a truancy prevention mediation	942
program;	943

(ii) Require the parent, guardian, or other person having	944
care of the child to participate in any community service program,	945
preferably a community service program that requires the	946
involvement of the parent, guardian, or other person having care	947
of the child in the school attended by the child.	948

(7)(8) Make any further disposition that the court finds	949
proper, except that the child shall not be placed in any of the	950
following:	951

(a) A state correctional institution, a county, multicounty,	952
or municipal jail or workhouse, or another place in which an adult	953
convicted of a crime, under arrest, or charged with a crime is	954
held;	955

(b) A community corrections facility, if the child would be	956
covered by the definition of public safety beds for purposes of	957
sections 5139.41 to 5139.45 of the Revised Code if the court	958
exercised its authority to commit the child to the legal custody	959
of the department of youth services for institutionalization or	960
institutionalization in a secure facility pursuant to this	961
chapter.	962

(B) If a child is adjudicated a delinquent child, in	963
addition to any order of disposition made under division (A) of	964
this section, the court, in the following situations, shall	965
suspend the child's temporary instruction permit, restricted	966
license, probationary driver's license, or nonresident operating	967
privilege, or suspend the child's ability to obtain such a permit:	968

(1) The child is adjudicated a delinquent child for	969
violating section 2923.122 of the Revised Code, with the	970
suspension and denial being in accordance with division (E)(1)(a),	971
(c), (d), or (e) of section 2923.122 of the Revised Code.	972

(2) The child is adjudicated a delinquent child for	973
committing an act that if committed by an adult would be a drug	974
abuse offense or for violating division (B) of section 2917.11 of	975
the Revised Code, with the suspension continuing until the child	976
attends and satisfactorily completes a drug abuse or alcohol abuse	977
education, intervention, or treatment program specified by the	978
court. During the time the child is attending the program, the	979
court shall retain any temporary instruction permit, probationary	980
driver's license, or driver's license issued to the child, and the	981
court shall return the permit or license when the child	982
satisfactorily completes the program.	983

(C) The court may establish a victim-offender mediation	984
program in which victims and their offenders meet to discuss the	985
offense and suggest possible restitution. If the court obtains	986
the assent of the victim of the delinquent act committed by the	987
child, the court may require the child to participate in the	988
program.	989

(D)(1) If a child is adjudicated a delinquent child for	990
committing an act that would be a felony if committed by an adult	991
and if the child caused, attempted to cause, threatened to cause,	992
or created a risk of physical harm to the victim of the act, the	993
court, prior to issuing an order of disposition under this	994
section, shall order the preparation of a victim impact statement	995
by the probation department of the county in which the victim of	996
the act resides, by the court's own probation department, or by a	997
victim assistance program that is operated by the state, a county,	998
a municipal corporation, or another governmental entity. The court	999
shall consider the victim impact statement in determining the	1000
order of disposition to issue for the child.	1001

(2) Each victim impact statement shall identify the victim	1002
of the act for which the child was adjudicated a delinquent child,	1003
itemize any economic loss suffered by the victim as a result of	1004
the act, identify any physical injury suffered by the victim as a	1005
result of the act and the seriousness and permanence of the	1006
injury, identify any change in the victim's personal welfare or	1007
familial relationships as a result of the act and any	1008
psychological impact experienced by the victim or the victim's	1009
family as a result of the act, and contain any other information	1010
related to the impact of the act upon the victim that the court	1011
requires.	1012

(3) A victim impact statement shall be kept confidential and	1013
is not a public record. However, the court may furnish copies of	1014
the statement to the department of youth services if the	1015
delinquent child is committed to the department or to both the	1016
adjudicated delinquent child or the adjudicated delinquent child's	1017
counsel and the prosecuting attorney. The copy of a victim impact	1018
statement furnished by the court to the department pursuant to	1019
this section shall be kept confidential and is not a public	1020
record. The copies of a victim impact statement that are made	1021
available to the adjudicated delinquent child or the adjudicated	1022
delinquent child's counsel and the prosecuting attorney pursuant	1023
to this division shall be returned to the court by the person to	1024
whom they were made available immediately following the imposition	1025
of an order of disposition for the child under this chapter.	1026

(4) The department of youth services shall work with local	1027
probation departments and victim assistance programs to develop a	1028
standard victim impact statement.	1029

(E) If a child is adjudicated a delinquent child for being a	1030
chronic truant or an habitual truant who previously has been	1031
adjudicated an unruly child for being an habitual truant and the	1032
court determines that the parent, guardian, or other person having	1033
care of the child has failed to cause the child's attendance at	1034
school in violation of section 3321.38 of the Revised Code, in	1035
addition to any order of disposition it makes under this section,	1036
the court shall warn the parent, guardian, or other person having	1037
care of the child that any subsequent adjudication of the child as	1038
an unruly or delinquent child for being an habitual or chronic	1039
truant may result in a criminal charge against the parent,	1040
guardian, or other person having care of the child for a violation	1041
of division (C) of section 2919.21 or section 2919.24 of the	1042
Revised Code.	1043

(F)(1) During the period of a delinquent child's community	1044
control granted under this section, authorized probation officers	1045
who are engaged within the scope of their supervisory duties or	1046
responsibilities may search, with or without a warrant, the person	1047
of the delinquent child, the place of residence of the delinquent	1048
child, and a motor vehicle, another item of tangible or intangible	1049
personal property, or other real property in which the delinquent	1050
child has a right, title, or interest or for which the delinquent	1051
child has the express or implied permission of a person with a	1052
right, title, or interest to use, occupy, or possess if the	1053
probation officers have reasonable grounds to believe that the	1054
delinquent child is not abiding by the law or otherwise is not	1055
complying with the conditions of the delinquent child's community	1056
control. The court that places a delinquent child on community	1057
control under this section shall provide the delinquent child with	1058
a written notice that informs the delinquent child that authorized	1059
probation officers who are engaged within the scope of their	1060
supervisory duties or responsibilities may conduct those types of	1061
searches during the period of community control if they have	1062
reasonable grounds to believe that the delinquent child is not	1063
abiding by the law or otherwise is not complying with the	1064
conditions of the delinquent child's community control. The court	1065
also shall provide the written notice described in division (E)(2)	1066
of this section to each parent, guardian, or custodian of the	1067
delinquent child who is described in that division.	1068

(2) The court that places a child on community control under	1069
this section shall provide the child's parent, guardian, or other	1070
custodian with a written notice that informs them that authorized	1071
probation officers may conduct searches pursuant to division	1072
(E)(1) of this section. The notice shall specifically state that	1073
a permissible search might extend to a motor vehicle, another item	1074
of tangible or intangible personal property, or a place of	1075
residence or other real property in which a notified parent,	1076
guardian, or custodian has a right, title, or interest and that	1077
the parent, guardian, or custodian expressly or impliedly permits	1078
the child to use, occupy, or possess.	1079

(G) If a juvenile court commits a delinquent child to the	1080
custody of any person, organization, or entity pursuant to this	1081
section and if the delinquent act for which the child is so	1082
committed is a sexually oriented offense, the court in the order	1083
of disposition shall inform the person, organization, or entity	1084
that it is the preferred course of action in this state that the	1085
child be provided treatment as described in division (A)(2) of	1086
section 5139.13 of the Revised Code and shall encourage the	1087
person, organization, or entity to provide that treatment.	1088

Sec.  2152.21.  (A) Unless division (C) of this section	1089
applies, if a child is adjudicated a juvenile traffic offender,	1090
the court may make any of the following orders of disposition:	1091

(1) Impose costs and one or more financial sanctions in	1092
accordance with section 2152.20 of the Revised Code;	1093

(2) Suspend the child's driver's license, probationary	1094
driver's license, or temporary instruction permit or the	1095
registration of all motor vehicles registered in the name of the	1096
child for a definite period not exceeding two years. A child	1097
whose license or permit is so suspended is ineligible for issuance	1098
of a license or permit during the period of suspension. At the	1099
end of the period of suspension, the child shall not be reissued a	1100
license or permit until the child has paid any applicable	1101
reinstatement fee and complied with all requirements governing	1102
license reinstatement.	1103

(3) Place the child on community control;

1104

(4) Require the child to make restitution for all damages	1105
caused by the child's traffic violation;	1106

(5)(a) If the child is adjudicated a juvenile traffic	1107
offender for committing a violation of division (A) of section	1108
4511.19 of the Revised Code or of a municipal ordinance that is	1109
substantially equivalent to that division, commit the child, for	1110
not longer than five days, to either of the following:	1111

(i) To the temporary custody of a detention facility or	1112
district detention facility established under section 2152.41 of	1113
the Revised Code;	1114

(ii) To the temporary custody of any school, camp,	1115
institution, or other facility for children operated in whole or	1116
in part for the care of juvenile traffic offenders of that nature	1117
by the county, by a district organized under section 2152.41 or	1118
2151.65 of the Revised Code, or by a private agency or	1119
organization within the state that is authorized and qualified to	1120
provide the care, treatment, or placement required.	1121

(b) If an order of disposition committing a child to the	1122
temporary custody of a home, school, camp, institution, or other	1123
facility of that nature is made under division (A)(5)(a) of this	1124
section, the length of the commitment shall not be reduced or	1125
diminished as a credit for any time that the child was held in a	1126
place of detention or shelter care, or otherwise was detained,	1127
prior to entry of the order of disposition.	1128

(6) If, after making a disposition under divisions (A)(1) to	1129
(5) of this section, the court finds upon further hearing that the	1130
child has failed to comply with the orders of the court and the	1131
child's operation of a motor vehicle constitutes the child a	1132
danger to the child and to others, the court may make any	1133
disposition authorized by divisions (A)(1), (3), (4), (5), and	1134
(7)(8) of section 2152.19 of the Revised Code, except that the	1135
child may not be committed to or placed in a secure correctional	1136
facility unless authorized by division (A)(5) of this section, and	1137
commitment to or placement in a detention facility may not exceed	1138
twenty-four hours.	1139

(B) If a child is adjudicated a juvenile traffic offender	1140
for violating division (A) or (B) of section 4511.19 of the	1141
Revised Code, in addition to any order of disposition made under	1142
division (A) of this section, the court shall suspend the	1143
temporary instruction permit, probationary driver's license, or	1144
driver's license issued to the child for a definite period of at	1145
least three months but not more than two years or, at the	1146
discretion of the court, until the child attends and	1147
satisfactorily completes a drug abuse or alcohol abuse education,	1148
intervention, or treatment program specified by the court. During	1149
the time the child is attending the program, the court shall	1150
retain any temporary instruction permit, probationary driver's	1151
license, or driver's license issued to the child and shall return	1152
the permit or license when the child satisfactorily completes the	1153
program.	1154

(C) If a child is adjudicated a juvenile traffic offender	1155
for violating division (B)(1) or (2) of section 4513.263 of the	1156
Revised Code, the court shall impose the appropriate fine set	1157
forth in section 4513.99 of the Revised Code. If a child is	1158
adjudicated a juvenile traffic offender for violating division	1159
(B)(3) of section 4513.263 of the Revised Code and if the child is	1160
sixteen years of age or older, the court shall impose the fine set	1161
forth in division (G) of section 4513.99 of the Revised Code. If	1162
a child is adjudicated a juvenile traffic offender for violating	1163
division (B)(3) of section 4513.263 of the Revised Code and if the	1164
child is under sixteen years of age, the court shall not impose a	1165
fine but may place the child on probation or community control.	1166

(D) A juvenile traffic offender is subject to sections	1167
4509.01 to 4509.78 of the Revised Code.	1168

Sec.  2152.26.  (A) Except as provided in divisions (B) and	1169
(F) of this section, a child alleged to be or adjudicated a	1170
delinquent child or a juvenile traffic offender may be held only	1171
in the following places:	1172

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

1173

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

1174

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

1175

(B) In addition to the places listed in division (A) of this	1176
section, a child alleged to be or adjudicated a delinquent child	1177
may be held in a detention facility for delinquent children that	1178
is under the direction or supervision of the court or other public	1179
authority or of a private agency and approved by the court and a	1180
child adjudicated a delinquent child may be held in accordance	1181
with division (F)(2) of this section in a facility of a type	1182
specified in that division. Division (B) of this section does not	1183
apply to a child alleged to be or adjudicated a delinquent child	1184
for chronic truancy, unless the child violated a lawful court	1185
order made pursuant to division (A)(5)(6) of section 2152.19 of	1186
the Revised Code. Division (B) of this section also does not	1187
apply to a child alleged to be or adjudicated a delinquent child	1188
for being an habitual truant who previously has been adjudicated	1189
an unruly child for being an habitual truant, unless the child	1190
violated a lawful court order made pursuant to division (C)(1)(e)	1191
of section 2151.354 of the Revised Code.	1192

(C)(1) Except as provided under division (C)(1) of section	1193
2151.311 of the Revised Code or division (A)(5) of section 2152.21	1194
of the Revised Code, a child alleged to be or adjudicated a	1195
juvenile traffic offender may not be held in any of the following	1196
facilities:	1197

(a) A state correctional institution, county, multicounty,	1198
or municipal jail or workhouse, or other place in which an adult	1199
convicted of crime, under arrest, or charged with a crime is held.	1200

(b) A secure correctional facility.

1201

(2) Except as provided under this section, sections 2151.56	1202
to 2151.61, and divisiondivisions (A)(5) and (6) of section	1203
2152.21 of the Revised Code, a child alleged to be or adjudicated	1204
a juvenile traffic offender may not be held for more than	1205
twenty-four hours in a detention facility	1206

(D) Except as provided in division (F) of this section or in	1208
division (C) of section 2151.311, in division (C)(2) of section	1209
5139.06 and section 5120.162, or in division (B) of section	1210
5120.16 of the Revised Code, a child who is alleged to be or is	1211
adjudicated a delinquent child may not be held in a state	1212
correctional institution, county, multicounty, or municipal jail	1213
or workhouse, or other place where an adult convicted of crime,	1214
under arrest, or charged with crime is held.	1215

(E) Unless the detention is pursuant to division (F) of this	1216
section or division (C) of section 2151.311, division (C)(2) of	1217
section 5139.06 and section 5120.162, or division (B) of section	1218
5120.16 of the Revised Code, the official in charge of the	1219
institution, jail, workhouse, or other facility shall inform the	1220
court immediately when a child, who is or appears to be under the	1221
age of eighteen years, is received at the facility, and shall	1222
deliver the child to the court upon request or transfer the child	1223
to a detention facility designated by the court.	1224

(F)(1) If a case is transferred to another court for	1225
criminal prosecution pursuant to section 2152.12 of the Revised	1226
Code, the child may be transferred for detention pending the	1227
criminal prosecution in a jail or other facility in accordance	1228
with the law governing the detention of persons charged with	1229
crime. Any child so held shall be confined in a manner that keeps	1230
the child beyond the range of touch of all adult detainees. The	1231
child shall be supervised at all times during the detention.	1232

(2) If a person is adjudicated a delinquent child or	1233
juvenile traffic offender and the court makes a disposition of the	1234
person under this chapter, at any time after the person attains	1235
eighteen years of age, the person may be held under that	1236
disposition in places other than those specified in division (A)	1237
of this section, including, but not limited to, a county,	1238
multicounty, or municipal jail or workhouse, or other place where	1239
an adult convicted of crime, under arrest, or charged with crime	1240
is held. Any person so held shall be confined as described in	1241
division (F)(1) of this section.	1242

(3)(a) A person alleged to be a delinquent child may be held	1243
in places other than those specified in division (A) of this	1244
section, including, but not limited to, a county, multicounty, or	1245
municipal jail, if the delinquent act that the child allegedly	1246
committed would be a felony if committed by an adult, and if	1247
either of the following applies:	1248

(i) The person attains eighteen years of age before the	1249
person is arrested or apprehended for that act.	1250

(ii) The person is arrested or apprehended for that act	1251
before the person attains eighteen years of age, but the person	1252
attains eighteen years of age before the court orders a	1253
disposition in the case.	1254

(b) If, pursuant to division (F)(3)(a) of this section, a	1255
person is held in a place other than a place specified in division	1256
(A) of this section, the person has the same rights to bail as an	1257
adult charged with the same offense who is confined in a jail	1258
pending trial. Any person so held shall be confined as described	1259
in division (F)(1) of this section.	1260

Sec.  2152.41.  (A) Upon the recommendation of the judge,	1261
the board of county commissioners shall provide, by purchase,	1262
lease, construction, or otherwise, a detention facility that	1263
shall be within a convenient distance of the juvenile court. The	1264
facility shall not be used for the confinement of adults charged	1265
with criminal offenses. The facility may be used to detain	1266
alleged delinquent children until final disposition for	1267
evaluation pursuant to section 2152.04 of the Revised Code, to	1268
confine children who are adjudicated delinquent children and	1269
placed in the facility pursuant to division (A)(3) of section	1270
2152.19 of the Revised Code, and forto confine children who are	1271
adjudicated juvenile traffic offenders and committed to the	1272
facility under division (A)(5) or (6) of section 2152.21 of the	1273
Revised Code.	1274

(B) Upon the joint recommendation of the juvenile judges of	1275
two or more neighboring counties, the boards of county	1276
commissioners of the counties shall form themselves into a joint	1277
board and proceed to organize a district for the establishment and	1278
support of a detention facility for the use of the juvenile	1279
courts of those counties, in which alleged delinquent children may	1280
be detained as provided in division (A) of this section, by using	1281
a site or buildings already established in one of the counties or	1282
by providing for the purchase of a site and the erection of the	1283
necessary buildings on the site.	1284

A child who is adjudicated to be a juvenile traffic offender	1285
for having committed a violation of division (A) of section	1286
4511.19 of the Revised Code or of a municipal ordinance that is	1287
substantially comparable to that division may be confined in a	1288
detention facility or district detention facility pursuant to	1289
division (A)(5) of section 2152.21 of the Revised Code, provided	1290
the child is kept separate and apart from alleged delinquent	1291
children.	1292

Except as otherwise provided by law, district detention	1293
facilities shall be established, operated, maintained, and managed	1294
in the same manner so far as applicable as county detention	1295
facilities.	1296

Members of the board of county commissioners who meet by	1297
appointment to consider the organization of a district detention	1298
home, upon presentation of properly certified accounts, shall be	1299
paid their necessary expenses upon a warrant drawn by the county	1300
auditor of their county.	1301

The county auditor of the county having the greatest	1302
population or, with the unanimous concurrence of the county	1303
auditors of the counties composing a district, the auditor of the	1304
county in which the detention facility is located shall be the	1305
fiscal officer of a detention facility district. The county	1306
auditors of the several counties composing a detention facility	1307
district shall meet at the district detention facility, not less	1308
than once in six months, to review accounts and to transact any	1309
other duties in connection with the institution that pertain to	1310
the business of their office.	1311

(C) In any county in which there is no detention facility or	1312
that is not served by a district detention facility, the juvenile	1313
court may enter into a contract, subject to the approval of the	1314
board of county commissioners, with another juvenile court,	1315
another county's detention facility, or a joint county detention	1316
facility. Alternately, the board of county commissioners shall	1317
provide funds for the boarding of children, who would be	1318
eligible for detention under division (A) of this section,	1319
temporarily in private homes or in certified foster homes approved	1320
by the court for a period not exceeding sixty days or until final	1321
disposition of their cases, whichever comes first. The court also	1322
may arrange with any public children services agency or private	1323
child placing agency to receive, or private noncustodial agency	1324
for temporary care of, children within the jurisdiction of the	1325
court.	1326

If the court arranges for the board of children temporarily	1327
detained in certified foster homes or through any private child	1328
placing agency, the county shall pay a reasonable sum to be fixed	1329
by the court for the board of those children. In order to have	1330
certified foster homes available for service, an agreed monthly	1331
subsidy may be paid and a fixed rate per day for care of children	1332
actually residing in the certified foster home.	1333

(D) The board of county commissioners of any county within a	1334
detention facility district, upon the recommendation of the	1335
juvenile court of that county, may withdraw from the district and	1336
sell or lease its right, title, and interest in the site,	1337
buildings, furniture, and equipment of the facility to any	1338
counties in the district, at any price and upon any such terms	1339
that are agreed upon among the boards of county commissioners of	1340
the counties concerned. Section 307.10 of the Revised Code does	1341
not apply to this division. The net proceeds of any sale or lease	1342
under this division shall be paid into the treasury of the	1343
withdrawing county.	1344

The members of the board of trustees of a district detention	1345
facility who are residents of a county withdrawing from the	1346
district are deemed to have resigned their positions upon the	1347
completion of the withdrawal procedure provided by this division.	1348
The vacancies then created shall be filled as provided in this	1349
section.	1350

(E) The children to be admitted for care in a county or	1351
district detention facility established under this section, the	1352
period during which they shall be cared for in the facility, and	1353
the removal and transfer of children from the facility shall be	1354
determined by the juvenile court that ordered the child's	1355
detention.	1356

Sec.  2152.74.  (A) As used in this section, "DNA analysis"	1357
and "DNA specimen" have the same meanings as in section 109.573 of	1358
the Revised Code.	1359

(B)(1) A child who is adjudicated a delinquent child for	1360
committing an act listed in division (D) of this section and who	1361
is committed to the custody of the department of youth services,	1362
placed in a detention facility or district detention facility	1363
pursuant to division (A)(3) of section 2152.19 of the Revised	1364
Code, or toplaced in a school, camp, institution, or other	1365
facility for delinquent children described in division (A)(2) of	1366
section 2152.19 of the Revised Code shall submit to a DNA	1367
specimen collection procedure administered by the director of	1368
youth services if committed to the department or by the chief	1369
administrative officer of the detention facility, district	1370
detention facility, school, camp, institution, or other facility	1371
for delinquent children to which the child was committed or in	1372
which the child was placed. If the court commits the child to the	1373
department of youth services, the director of youth services shall	1374
cause the DNA specimen to be collected from the child during the	1375
intake process at an institution operated by or under the control	1376
of the department. If the court commits the child to or places	1377
the child in a detention facility, district detention facility,	1378
school, camp, institution, or other facility for delinquent	1379
children, the chief administrative officer of the detention	1380
facility, district detention facility, school, camp, institution,	1381
or facility to which the child is committed or in which the child	1382
was placed shall cause the DNA specimen to be collected from the	1383
child during the intake process for the detention facility,	1384
district detention facility, school, camp, institution, or	1385
facility. In accordance with division (C) of this section, the	1386
director or the chief administrative officer shall cause the DNA	1387
specimen to be forwarded to the bureau of criminal identification	1388
and investigation no later than fifteen days after the date of the	1389
collection of the DNA specimen. The DNA specimen shall be	1390
collected from the child in accordance with division (C) of this	1391
section.	1392

(2) If a child is adjudicated a delinquent child for	1393
committing an act listed in division (D) of this section, is	1394
committed to or placed in the department of youth services, a	1395
detention facility or district detention facility, or to a school,	1396
camp, institution, or other facility for delinquent children, and	1397
does not submit to a DNA specimen collection procedure pursuant to	1398
division (B)(1) of this section, prior to the child's release from	1399
the custody of the department of youth services, from the custody	1400
of the detention facility or district detention facility, or from	1401
the custody of the school, camp, institution, or facility, the	1402
child shall submit to, and the director of youth services or the	1403
chief administrator of the detention facility, district detention	1404
facility, school, camp, institution, or facility to which the	1405
child is committed or in which the child was placed shall	1406
administer, a DNA specimen collection procedure at the institution	1407
operated by or under the control of the department of youth	1408
services or at the detention facility, district detention	1409
facility, school, camp, institution, or facility to which the	1410
child is committed or in which the child was placed. In	1411
accordance with division (C) of this section, the director or the	1412
chief administrative officer shall cause the DNA specimen to be	1413
forwarded to the bureau of criminal identification and	1414
investigation no later than fifteen days after the date of the	1415
collection of the DNA specimen. The DNA specimen shall be	1416
collected in accordance with division (C) of this section.	1417

(C) A physician, registered nurse, licensed practical nurse,	1418
duly licensed clinical laboratory technician, or other qualified	1419
medical practitioner shall collect in a medically approved manner	1420
the DNA specimen required to be collected pursuant to division (B)	1421
of this section. No later than fifteen days after the date of the	1422
collection of the DNA specimen, the director of youth services or	1423
the chief administrative officer of the detention facility,	1424
district detention facility, school, camp, institution, or other	1425
facility for delinquent children to which the child is committed	1426
or in which the child was placed shall cause the DNA specimen to	1427
be forwarded to the bureau of criminal identification and	1428
investigation in accordance with procedures established by the	1429
superintendent of the bureau under division (H) of section 109.573	1430
of the Revised Code. The bureau shall provide the specimen vials,	1431
mailing tubes, labels, postage, and instruction needed for the	1432
collection and forwarding of the DNA specimen to the bureau.	1433

(D) The director of youth services and the chief	1434
administrative officer of a detention facility, district detention	1435
facility, school, camp, institution, or other facility for	1436
delinquent children shall cause a DNA specimen to be collected in	1437
accordance with divisions (B) and (C) of this section from each	1438
child in its custody who is adjudicated a delinquent child for	1439
committing any of the following acts:	1440

(1) A violation of section 2903.01, 2903.02, 2905.01,	1441
2907.02, 2907.03, 2907.05, or 2911.11 of the Revised Code;	1442

(2) A violation of section 2907.12 of the Revised Code as it	1443
existed prior to September 3, 1996;	1444

(3) An attempt to commit a violation of section 2907.02,	1445
2907.03, or 2907.05 of the Revised Code or to commit a violation	1446
of section 2907.12 of the Revised Code as it existed prior to	1447
September 3, 1996;	1448

(4) A violation of any law that arose out of the same facts	1449
and circumstances and same act as did a charge against the child	1450
of a violation of section 2903.01, 2903.02, 2905.01, 2907.02,	1451
2907.03, 2907.05, or 2911.11 of the Revised Code that previously	1452
was dismissed or amended or as did a charge against the child of a	1453
violation of section 2907.12 of the Revised Code as it existed	1454
prior to September 3, 1996, that previously was dismissed or	1455
amended;	1456

(5) A violation of section 2905.02 or 2919.23 of the Revised	1457
Code that would have been a violation of section 2905.04 of the	1458
Revised Code as it existed prior to July 1, 1996, had the	1459
violation been committed prior to that date.	1460

(E) The director of youth services and the chief	1461
administrative officer of a detention facility, district detention	1462
facility, school, camp, institution, or other facility for	1463
delinquent children is not required to comply with this section	1464
until the superintendent of the bureau of criminal identification	1465
and investigation gives agencies in the juvenile justice system,	1466
as defined in section 181.51 of the Revised Code, in the state	1467
official notification that the state DNA laboratory is prepared to	1468
accept DNA specimens.	1469

Sec. 5139.42.  In developing the formula described in section	1470
5139.41 of the Revised Code, the department of youth services	1471
shall use the data included by each juvenile court in the annual	1472
report described in division (C)(3)(b) of section 5139.43 of the	1473
Revised Code, other data included in any monthly reports that the	1474
department may require juvenile courts to file under division	1475
(C)(3)(c) of that section, and other data derived from a fiscal	1476
monitoring program or another monitoring program described in	1477
division (C)(3)(d) of that section to project or calculate the	1478
following for each year of a biennium:	1479

(A) The total number of children who will be adjudicated	1480
delinquent children by the juvenile courts for acts that if	1481
committed by an adult would be a felony;	1482

(B) The number of public safety beds;

1483

(C) The state target youth;

1484

(D) The per diem cost for the care and custody of felony	1485
delinquents that shall be calculated for each year of a biennium	1486
as follows:	1487

(1) By multiplying the state target youth by the projected	1488
length of stay of state target youth in the care and custody of	1489
the department;	1490

(2) By subtracting from the appropriation made to the	1491
department for care and custody of felony delinquents for each	1492
fiscal year of the biennium the amount of the appropriation that	1493
must be set aside pursuant to division (A) of section 5139.41 of	1494
the Revised Code for purposes of funding the contingency program	1495
described in section 5139.45 of the Revised Code, and then;	1496

(3) By dividing the remainder of the appropriation that was	1497
so calculated under division (D)(2) of this section by the product	1498
derived under division (D)(1) of this section;	1499

(3) By dividing the quotient derived under division (D)(2)	1500
of this section by the number of days in the fiscal year.	1501

(E) For each county of the state, that county's average	1502
percentage of the total number of children who during the past	1503
four fiscal years were adjudicated delinquent children by the	1504
juvenile courts for acts that, if committed by an adult, would be	1505
a felony;	1506

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

1507

(1) They are at least twelve years of age but less than	1508
eighteen years of age.	1509

(2) They were adjudicated delinquent children for having	1510
committed acts that if committed by an adult would be a felony.	1511

(3) They were committed to the department by the juvenile	1512
court of a county that has had one-tenth of one per cent or less	1513
of the statewide adjudications for felony delinquents as averaged	1514
for the past four fiscal years.	1515

(4) They are in the care and custody of an institution or a	1516
community corrections facility.	1517

Section 2. That existing sections 2151.011, 2151.35,	1518
2151.354, 2151.359, 2152.02, 2152.19, 2152.21, 2152.26, 2152.41,	1519
2152.74, and 5139.42 of the Revised Code are hereby repealed.	1520

Section 3.  Section 2151.35 of the Revised Code, scheduled	1521
to take effect January 1, 2002, is presented in this act as a	1522
composite of the section as amended by both Am. Sub. S.B. 179 and	1523
Sub. S.B. 218 of the 123rd General Assembly. The General	1524
Assembly, applying the principle stated in division (B) of section	1525
1.52 of the Revised Code that amendments are to be harmonized if	1526
reasonably capable of simultaneous operation, finds that the	1527
composite is the resulting version of the section in effect prior	1528
to the effective date of the section as presented in this act.	1529