REPRESENTATIVES Faber, Willamowski, Hoops, Latta, Young, Webster, Schmidt, Husted, Lendrum, Schaffer, Womer Benjamin, Callender, Flowers, Niehaus, Hagan, Buehrer, Coates

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, to revise the formula for

10

calculating the per diem cost for the care and

11

custody of felony delinquents, and to amend the

12

versions of sections 2151.354, 2152.19, and 2152.21

13

of the Revised Code that are scheduled to take

14

effect January 1, 2004, to continue the provisions

15

of this act on and after that effective date.

16

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

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

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

20

(1) "Juvenile court" means whichever of the following is	21
applicable that has jurisdiction under this chapter and Chapter	22
2152. of the Revised Code:	23

(a) The division of the court of common pleas specified in	24
section 2101.022 or 2301.03 of the Revised Code as having	25
jurisdiction under this chapter and Chapter 2152. of the Revised	26
Code or as being the juvenile division or the juvenile division	27
combined with one or more other divisions;	28

(b) The juvenile court of Cuyahoga county or Hamilton county	29
that is separately and independently created by section 2151.08	30
or Chapter 2153. of the Revised Code and that has jurisdiction	31
under this chapter and Chapter 2152. of the Revised Code;	32

(c) If division (A)(1)(a) or (b) of this section does not	33
apply, the probate division of the court of common pleas.	34

(2) "Juvenile judge" means a judge of a court having	35
jurisdiction under this chapter.	36

(3) "Private child placing agency" means any association, as	37
defined in section 5103.02 of the Revised Code, that is certified	38
under section 5103.03 of the Revised Code to accept temporary,	39
permanent, or legal custody of children and place the children for	40
either foster care or adoption.	41

(4) "Private noncustodial agency" means any person,	42
organization, association, or society certified by the department	43
of job and family services that does not accept temporary or	44
permanent legal custody of children, that is privately operated in	45
this state, and that does one or more of the following:	46

(a) Receives and cares for children for two or more	47
consecutive weeks;	48

(b) Participates in the placement of children in certified	49
foster homes;	50

(c) Provides adoption services in conjunction with a public	51
children services agency or private child placing agency.	52

(B) As used in this chapter:

53

(1) "Adequate parental care" means the provision by a	54
child's parent or parents, guardian, or custodian of adequate	55
food, clothing, and shelter to ensure the child's health and	56
physical safety and the provision by a child's parent or parents	57
of specialized services warranted by the child's physical or	58
mental needs.	59

(2) "Adult" means an individual who is eighteen years of age	60
or older.	61

(3) "Agreement for temporary custody" means a voluntary	62
agreement authorized by section 5103.15 of the Revised Code that	63
transfers the temporary custody of a child to a public children	64
services agency or a private child placing agency.	65

(4) "Certified foster home" means a foster home, as defined	66
in section 5103.02 of the Revised Code, certified under section	67
5103.03 of the Revised Code.	68

(5) "Child" means a person who is under eighteen years of	69
age, except that the juvenile court has jurisdiction over any	70
person who is adjudicated an unruly child prior to attaining	71
eighteen years of age until the person attains twenty-one years of	72
age, and, for purposes of that jurisdiction related to that	73
adjudication, a person who is so adjudicated an unruly child shall	74
be deemed a "child" until the person attains twenty-one years of	75
age.	76

(6) "Child day camp," "child day-care," "child day-care	77
center," "part-time child day-care center," "type A family	78
day-care home," "certified type B family day-care home," "type B	79
home," "administrator of a child day-care center," "administrator	80
of a type A family day-care home," "in-home aide," and "authorized	81
provider" have the same meanings as in section 5104.01 of the	82
Revised Code.	83

(7) "Child day-care provider" means an individual who is a	84
child-care staff member or administrator of a child day-care	85
center, a type A family day-care home, or a type B family day-care	86
home, or an in-home aide or an individual who is licensed, is	87
regulated, is approved, operates under the direction of, or	88
otherwise is certified by the department of job and family	89
services, department of mental retardation and developmental	90
disabilities, or the early childhood programs of the department of	91
education.	92

(8) "Chronic truant" has the same meaning as in section	93
2152.02 of the Revised Code.	94

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

95

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

96

(a) General counseling services performed by a public	97
children services agency or shelter for victims of domestic	98
violence to assist a child, a child's parents, and a child's	99
siblings in alleviating identified problems that may cause or have	100
caused the child to be an abused, neglected, or dependent child.	101

(b) Psychiatric or psychological therapeutic counseling	102
services provided to correct or alleviate any mental or emotional	103
illness or disorder and performed by a licensed psychiatrist,	104
licensed psychologist, or a person licensed under Chapter 4757. of	105
the Revised Code to engage in social work or professional	106
counseling.	107

(11) "Custodian" means a person who has legal custody of a	108
child or a public children services agency or private child	109
placing agency that has permanent, temporary, or legal custody of	110
a child.	111

(12) "Delinquent child" has the same meaning as in section	112
2152.02 of the Revised Code.	113

(13) "Detention" means the temporary care of children	114
pending court adjudication or disposition, or execution of a court	115
order, in a public or private facility designed to physically	116
restrict the movement and activities of children.	117

(14) "Developmental disability" has the same meaning as in	118
section 5123.01 of the Revised Code.	119

(15) "Foster caregiver" has the same meaning as in section	120
5103.02 of the Revised Code.	121

(16) "Guardian" means a person, association, or corporation	122
that is granted authority by a probate court pursuant to Chapter	123
2111. of the Revised Code to exercise parental rights over a child	124
to the extent provided in the court's order and subject to the	125
residual parental rights of the child's parents.	126

(17) "Habitual truant" means any child of compulsory school	127
age who is absent without legitimate excuse for absence from the	128
public school the child is supposed to attend for five or more	129
consecutive school days, seven or more school days in one school	130
month, or twelve or more school days in a school year.	131

(18) "Juvenile traffic offender" has the same meaning as in	132
section 2152.02 of the Revised Code.	133

(19) "Legal custody" means a legal status that vests in the	134
custodian the right to have physical care and control of the child	135
and to determine where and with whom the child shall live, and the	136
right and duty to protect, train, and discipline the child and to	137
provide the child with food, shelter, education, and medical care,	138
all subject to any residual parental rights, privileges, and	139
responsibilities. An individual granted legal custody shall	140
exercise the rights and responsibilities personally unless	141
otherwise authorized by any section of the Revised Code or by the	142
court.	143

(20) A "legitimate excuse for absence from the public school	144
the child is supposed to attend" includes, but is not limited to,	145
any of the following:	146

(a) The fact that the child in question has enrolled in and	147
is attending another public or nonpublic school in this or another	148
state;	149

(b) The fact that the child in question is excused from	150
attendance at school for any of the reasons specified in section	151
3321.04 of the Revised Code;	152

(c) The fact that the child in question has received an age	153
and schooling certificate in accordance with section 3331.01 of	154
the Revised Code.	155

(21) "Mental illness" and "mentally ill person subject to	156
hospitalization by court order" have the same meanings as in	157
section 5122.01 of the Revised Code.	158

(22) "Mental injury" means any behavioral, cognitive,	159
emotional, or mental disorder in a child caused by an act or	160
omission that is described in section 2919.22 of the Revised Code	161
and is committed by the parent or other person responsible for the	162
child's care.	163

(23) "Mentally retarded person" has the same meaning as in	164
section 5123.01 of the Revised Code.	165

(24) "Nonsecure care, supervision, or training" means care,	166
supervision, or training of a child in a facility that does not	167
confine or prevent movement of the child within the facility or	168
from the facility.	169

(25) "Of compulsory school age" has the same meaning as in	170
section 3321.01 of the Revised Code.	171

(26) "Organization" means any institution, public,	172
semipublic, or private, and any private association, society, or	173
agency located or operating in the state, incorporated or	174
unincorporated, having among its functions the furnishing of	175
protective services or care for children, or the placement of	176
children in certified foster homes or elsewhere.	177

(27) "Out-of-home care" means detention facilities, shelter	178
facilities, certified foster homes, placement in a prospective	179
adoptive home prior to the issuance of a final decree of adoption,	180
organizations, certified organizations, child day-care centers,	181
type A family day-care homes, child day-care provided by type B	182
family day-care home providers and by in-home aides, group home	183
providers, group homes, institutions, state institutions,	184
residential facilities, residential care facilities, residential	185
camps, day camps, hospitals, and medical clinics that are	186
responsible for the care, physical custody, or control of	187
children.	188

(28) "Out-of-home care child abuse" means any of the	189
following when committed by a person responsible for the care of a	190
child in out-of-home care:	191

(a) Engaging in sexual activity with a child in the person's	192
care;	193

(b) Denial to a child, as a means of punishment, of proper	194
or necessary subsistence, education, medical care, or other care	195
necessary for a child's health;	196

(c) Use of restraint procedures on a child that cause injury	197
or pain;	198

(d) Administration of prescription drugs or psychotropic	199
medication to the child without the written approval and ongoing	200
supervision of a licensed physician;	201

(e) Commission of any act, other than by accidental means,	202
that results in any injury to or death of the child in out-of-home	203
care or commission of any act by accidental means that results in	204
an injury to or death of a child in out-of-home care and that is	205
at variance with the history given of the injury or death.	206

(29) "Out-of-home care child neglect" means any of the	207
following when committed by a person responsible for the care of a	208
child in out-of-home care:	209

(a) Failure to provide reasonable supervision according to	210
the standards of care appropriate to the age, mental and physical	211
condition, or other special needs of the child;	212

(b) Failure to provide reasonable supervision according to	213
the standards of care appropriate to the age, mental and physical	214
condition, or other special needs of the child, that results in	215
sexual or physical abuse of the child by any person;	216

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

217

(i) Administration of prescription drugs or psychotropic	218
drugs for the child;	219

(ii) Assuring that the instructions of the licensed	220
physician who prescribed a drug for the child are followed;	221

(iii) Reporting to the licensed physician who prescribed the	222
drug all unfavorable or dangerous side effects from the use of the	223
drug.	224

(d) Failure to provide proper or necessary subsistence,	225
education, medical care, or other individualized care necessary	226
for the health or well-being of the child;	227

(e) Confinement of the child to a locked room without	228
monitoring by staff;	229

(f) Failure to provide ongoing security for all prescription	230
and nonprescription medication;	231

(g) Isolation of a child for a period of time when there is	232
substantial risk that the isolation, if continued, will impair or	233
retard the mental health or physical well-being of the child.	234

(30) "Permanent custody" means a legal status that vests in	235
a public children services agency or a private child placing	236
agency, all parental rights, duties, and obligations, including	237
the right to consent to adoption, and divests the natural parents	238
or adoptive parents of all parental rights, privileges, and	239
obligations, including all residual rights and obligations.	240

(31) "Permanent surrender" means the act of the parents or,	241
if a child has only one parent, of the parent of a child, by a	242
voluntary agreement authorized by section 5103.15 of the Revised	243
Code, to transfer the permanent custody of the child to a public	244
children services agency or a private child placing agency.	245

(32) "Person responsible for a child's care in out-of-home	246
care" means any of the following:	247

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

248

(b) Any administrator, employee, or agent of any of the	249
following: a public or private detention facility; shelter	250
facility; organization; certified organization; child day-care	251
center; type A family day-care home; certified type B family	252
day-care home; group home; institution; state institution;	253
residential facility; residential care facility; residential camp;	254
day camp; hospital; or medical clinic;	255

(c) Any other person who performs a similar function with	256
respect to, or has a similar relationship to, children.	257

(33) "Physically impaired" means having one or more of the	258
following conditions that substantially limit one or more of an	259
individual's major life activities, including self-care, receptive	260
and expressive language, learning, mobility, and self-direction:	261

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

262

(b) A congenital orthopedic impairment;

263

(c) An orthopedic impairment caused by disease, rheumatic	264
fever or any other similar chronic or acute health problem, or	265
amputation or another similar cause.	266

(34) "Placement for adoption" means the arrangement by a	267
public children services agency or a private child placing agency	268
with a person for the care and adoption by that person of a child	269
of whom the agency has permanent custody.	270

(35) "Placement in foster care" means the arrangement by a	271
public children services agency or a private child placing agency	272
for the out-of-home care of a child of whom the agency has	273
temporary custody or permanent custody.	274

(36) "Planned permanent living arrangement" means an order	275
of a juvenile court pursuant to which both of the following apply:	276

(a) The court gives legal custody of a child to a public	277
children services agency or a private child placing agency without	278
the termination of parental rights.	279

(b) The order permits the agency to make an appropriate	280
placement of the child and to enter into a written agreement with	281
a foster care provider or with another person or agency with whom	282
the child is placed.	283

(37) "Practice of social work" and "practice of professional	284
counseling" have the same meanings as in section 4757.01 of the	285
Revised Code.	286

(38) "Sanction, service, or condition" means a sanction,	287
service, or condition created by court order following an	288
adjudication that a child is an unruly child that is described in	289
division (A)(3)(4) of section 2152.19 of the Revised Code.	290

(39) "Protective supervision" means an order of disposition	291
pursuant to which the court permits an abused, neglected,	292
dependent, or unruly child to remain in the custody of the	293
child's parents, guardian, or custodian and stay in the child's	294
home, subject to any conditions and limitations upon the child,	295
the child's parents, guardian, or custodian, or any other person	296
that the court prescribes, including supervision as directed by	297
the court for the protection of the child.	298

(40) "Psychiatrist" has the same meaning as in section	299
5122.01 of the Revised Code.	300

(41) "Psychologist" has the same meaning as in section	301
4732.01 of the Revised Code.	302

(42) "Residential camp" means a program in which the care,	303
physical custody, or control of children is accepted overnight for	304
recreational or recreational and educational purposes.	305

(43) "Residential care facility" means an institution,	306
residence, or facility that is licensed by the department of	307
mental health under section 5119.22 of the Revised Code and that	308
provides care for a child.	309

(44) "Residential facility" means a home or facility that is	310
licensed by the department of mental retardation and developmental	311
disabilities under section 5123.19 of the Revised Code and in	312
which a child with a developmental disability resides.	313

(45) "Residual parental rights, privileges, and	314
responsibilities" means those rights, privileges, and	315
responsibilities remaining with the natural parent after the	316
transfer of legal custody of the child, including, but not	317
necessarily limited to, the privilege of reasonable visitation,	318
consent to adoption, the privilege to determine the child's	319
religious affiliation, and the responsibility for support.	320

(46) "School day" means the school day established by the	321
state board of education pursuant to section 3313.48 of the	322
Revised Code.	323

(47) "School month" and "school year" have the same meanings	324
as in section 3313.62 of the Revised Code.	325

(48) "Secure correctional facility" means a facility under	326
the direction of the department of youth services that is designed	327
to physically restrict the movement and activities of children and	328
used for the placement of children after adjudication and	329
disposition.	330

(49) "Sexual activity" has the same meaning as in section	331
2907.01 of the Revised Code.	332

(50) "Shelter" means the temporary care of children in	333
physically unrestricted facilities pending court adjudication or	334
disposition.	335

(51) "Shelter for victims of domestic violence" has the same	336
meaning as in section 3113.33 of the Revised Code.	337

(52) "Temporary custody" means legal custody of a child who	338
is removed from the child's home, which custody may be terminated	339
at any time at the discretion of the court or, if the legal	340
custody is granted in an agreement for temporary custody, by the	341
person who executed the agreement.	342

(C) For the purposes of this chapter, a child shall be	343
presumed abandoned when the parents of the child have failed to	344
visit or maintain contact with the child for more than ninety	345
days, regardless of whether the parents resume contact with the	346
child after that period of ninety days.	347

Sec. 2151.35.  (A)(1) Except as otherwise provided by	348
division (A)(3) of this section or in section 2152.13 of the	349
Revised Code, the juvenile court may conduct its hearings in an	350
informal manner and may adjourn its hearings from time to time.	351
The court may exclude the general public from its hearings in a	352
particular case if the court holds a separate hearing to determine	353
whether that exclusion is appropriate. If the court decides that	354
exclusion of the general public is appropriate, the court still	355
may admit to a particular hearing or all of the hearings relating	356
to a particular case those persons who have a direct interest in	357
the case and those who demonstrate that their need for access	358
outweighs the interest in keeping the hearing closed.	359

Except cases involving children who are alleged to be unruly	360
or delinquent children for being habitual or chronic truants and	361
except as otherwise provided in section 2152.13 of the Revised	362
Code, all cases involving children shall be heard separately and	363
apart from the trial of cases against adults. The court may	364
excuse the attendance of the child at the hearing in cases	365
involving abused, neglected, or dependent children. The court	366
shall hear and determine all cases of children without a jury,	367
except cases involving serious youthful offenders under section	368
2152.13 of the Revised Code.	369

If a complaint alleges a child to be a delinquent child,	370
unruly child, or juvenile traffic offender, the court shall	371
require the parent, guardian, or custodian of the child to attend	372
all proceedings of the court regarding the child. If a parent,	373
guardian, or custodian fails to so attend, the court may find the	374
parent, guardian, or custodian in contempt.	375

If the court finds from clear and convincing evidence that	376
the child violated section 2151.87 of the Revised Code, the court	377
shall proceed in accordance with divisions (F) and (G) of that	378
section.	379

If the court at the adjudicatory hearing finds from clear and	380
convincing evidence that the child is an abused, neglected, or	381
dependent child, the court shall proceed, in accordance with	382
division (B) of this section, to hold a dispositional hearing and	383
hear the evidence as to the proper disposition to be made under	384
section 2151.353 of the Revised Code. If the court at the	385
adjudicatory hearing finds beyond a reasonable doubt that the	386
child is a delinquent or unruly child or a juvenile traffic	387
offender, the court shall proceed immediately, or at a postponed	388
hearing, to hear the evidence as to the proper disposition to be	389
made under section 2151.354 or Chapter 2152. of the Revised Code.	390
If the court at the adjudicatory hearing finds beyond a reasonable	391
doubt that the child is an unruly child for being an habitual	392
truant, or that the child is an unruly child for being an habitual	393
truant and that the parent, guardian, or other person having care	394
of the child has failed to cause the child's attendance at school	395
in violation of section 3321.38 of the Revised Code, the court	396
shall proceed to hold a hearing to hear the evidence as to the	397
proper disposition to be made in regard to the child under	398
division (C)(1) of section 2151.354 of the Revised Code and the	399
proper action to take in regard to the parent, guardian, or other	400
person having care of the child under division (C)(2) of section	401
2151.354 of the Revised Code. If the court at the adjudicatory	402
hearing finds beyond a reasonable doubt that the child is a	403
delinquent child for being a chronic truant or for being an	404
habitual truant who previously has been adjudicated an unruly	405
child for being an habitual truant, or that the child is a	406
delinquent child for either of those reasons and the parent,	407
guardian, or other person having care of the child has failed to	408
cause the child's attendance at school in violation of section	409
3321.38 of the Revised Code, the court shall proceed to hold a	410
hearing to hear the evidence as to the proper disposition to be	411
made in regard to the child under division (A)(6)(7)(a) of section	412
2152.19 of the Revised Code and the proper action to take in	413
regard to the parent, guardian, or other person having care of the	414
child under division (A)(6)(7)(b) of section 2152.19 of the	415
Revised Code.	416

If the court does not find the child to have violated section	417
2151.87 of the Revised Code or to be an abused, neglected,	418
dependent, delinquent, or unruly child or a juvenile traffic	419
offender, it shall order that the case be dismissed and that the	420
child be discharged from any detention or restriction theretofore	421
ordered.	422

(2) A record of all testimony and other oral proceedings in	423
juvenile court shall be made in all proceedings that are held	424
pursuant to section 2151.414 of the Revised Code or in which an	425
order of disposition may be made pursuant to division (A)(4) of	426
section 2151.353 of the Revised Code, and shall be made upon	427
request in any other proceedings. The record shall be made as	428
provided in section 2301.20 of the Revised Code.	429

(3) The authority of a juvenile court to exclude the general	430
public from its hearings that is provided by division (A)(1) of	431
this section does not limit or affect any right of a victim of a	432
crime or delinquent act, or of a victim's representative, under	433
Chapter 2930. of the Revised Code.	434

(B)(1) If the court at an adjudicatory hearing determines	435
that a child is an abused, neglected, or dependent child, the	436
court shall not issue a dispositional order until after the court	437
holds a separate dispositional hearing. The court may hold the	438
dispositional hearing for an adjudicated abused, neglected, or	439
dependent child immediately after the adjudicatory hearing if all	440
parties were served prior to the adjudicatory hearing with all	441
documents required for the dispositional hearing. The	442
dispositional hearing may not be held more than thirty days after	443
the adjudicatory hearing is held. The court, upon the request of	444
any party or the guardian ad litem of the child, may continue a	445
dispositional hearing for a reasonable time not to exceed the time	446
limits set forth in this division to enable a party to obtain or	447
consult counsel. The dispositional hearing shall not be held more	448
than ninety days after the date on which the complaint in the case	449
was filed.	450

If the dispositional hearing is not held within the period of	451
time required by this division, the court, on its own motion or	452
the motion of any party or the guardian ad litem of the child,	453
shall dismiss the complaint without prejudice.	454

(2) The dispositional hearing shall be conducted in	455
accordance with all of the following:	456

(a) The judge or referee who presided at the adjudicatory	457
hearing shall preside, if possible, at the dispositional hearing;	458

(b) The court may admit any evidence that is material and	459
relevant, including, but not limited to, hearsay, opinion, and	460
documentary evidence;	461

(c) Medical examiners and each investigator who prepared a	462
social history shall not be cross-examined, except upon consent of	463
the parties, for good cause shown, or as the court in its	464
discretion may direct. Any party may offer evidence	465
supplementing, explaining, or disputing any information contained	466
in the social history or other reports that may be used by the	467
court in determining disposition.	468

(3) After the conclusion of the dispositional hearing, the	469
court shall enter an appropriate judgment within seven days and	470
shall schedule the date for the hearing to be held pursuant to	471
section 2151.415 of the Revised Code. The court may make any	472
order of disposition that is set forth in section 2151.353 of the	473
Revised Code. A copy of the judgment shall be given to each party	474
and to the child's guardian ad litem. If the judgment is	475
conditional, the order shall state the conditions of the judgment.	476
If the child is not returned to the child's own home, the court	477
shall determine which school district shall bear the cost of the	478
child's education and shall comply with section 2151.36 of the	479
Revised Code.	480

(4) As part of its dispositional order, the court may issue	481
any order described in division (B) of section 2151.33 of the	482
Revised Code.	483

(C) The court shall give all parties to the action and the	484
child's guardian ad litem notice of the adjudicatory and	485
dispositional hearings in accordance with the Juvenile Rules.	486

(D) If the court issues an order pursuant to division (A)(4)	487
of section 2151.353 of the Revised Code committing a child to the	488
permanent custody of a public children services agency or a	489
private child placing agency, the parents of the child whose	490
parental rights were terminated cease to be parties to the action	491
upon the issuance of the order. This division is not intended to	492
eliminate or restrict any right of the parents to appeal the	493
permanent custody order issued pursuant to division (A)(4) of	494
section 2151.353 of the Revised Code.	495

(E) Each juvenile court shall schedule its hearings in	496
accordance with the time requirements of this chapter.	497

(F) In cases regarding abused, neglected, or dependent	498
children, the court may admit any statement of a child that the	499
court determines to be excluded by the hearsay rule if the	500
proponent of the statement informs the adverse party of the	501
proponent's intention to offer the statement and of the	502
particulars of the statement, including the name of the declarant,	503
sufficiently in advance of the hearing to provide the party with a	504
fair opportunity to prepare to challenge, respond to, or defend	505
against the statement, and the court determines all of the	506
following:	507

(1) The statement has circumstantial guarantees of	508
trustworthiness;	509

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

510

(3) The statement is more probative on the point for which	511
it is offered than any other evidence that the proponent can	512
procure through reasonable efforts;	513

(4) The general purposes of the evidence rules and the	514
interests of justice will best be served by the admission of the	515
statement into evidence.	516

(G) If a child is alleged to be an abused child, the court	517
may order that the testimony of the child be taken by deposition.	518
On motion of the prosecuting attorney, guardian ad litem, or any	519
party, or in its own discretion, the court may order that the	520
deposition be videotaped. Any deposition taken under this	521
division shall be taken with a judge or referee present.	522

If a deposition taken under this division is intended to be	523
offered as evidence at the hearing, it shall be filed with the	524
court. Part or all of the deposition is admissible in evidence if	525
counsel for all parties had an opportunity and similar motive at	526
the time of the taking of the deposition to develop the testimony	527
by direct, cross, or redirect examination and the judge determines	528
that there is reasonable cause to believe that if the child were	529
to testify in person at the hearing, the child would experience	530
emotional trauma as a result of participating at the hearing.	531

Sec. 2151.354.  (A) If the child is adjudicated an unruly	532
child, the court may:	533

(1) Make any of the dispositions authorized under section	534
2151.353 of the Revised Code;	535

(2) Place the child on community control under any	536
sanctions, services, and conditions that the court prescribes, as	537
described in division (A)(3)(4) of section 2152.19 of the Revised	538
Code, provided that, if the court imposes a period of community	539
service upon the child, the period of community service shall not	540
exceed one hundred seventy-five hours;	541

(3) Suspend or revoke the driver's license, probationary	542
driver's license, or temporary instruction permit issued to the	543
child and suspend or revoke the registration of all motor vehicles	544
registered in the name of the child. A child whose license or	545
permit is so suspended or revoked is ineligible for issuance of a	546
license or permit during the period of suspension or revocation.	547
At the end of the period of suspension or revocation, the child	548
shall not be reissued a license or permit until the child has paid	549
any applicable reinstatement fee and complied with all	550
requirements governing license reinstatement.	551

(4) Commit the child to the temporary or permanent custody	552
of the court;	553

(5) Make any further disposition the court finds proper that	554
is consistent with sections 2151.312 and 2151.56 to 2151.61 of the	555
Revised Code;	556

(6) If, after making a disposition under division (A)(1),	557
(2), or (3) of this section, the court finds upon further hearing	558
that the child is not amenable to treatment or rehabilitation	559
under that disposition, make a disposition otherwise authorized	560
under divisions (A)(1), (3), (4), (5), and (7)(8) of section	561
2152.19 of the Revised Code that is consistent with sections	562
2151.312 and 2151.56 to 2151.61 of the Revised Code.	563

(B) If a child is adjudicated an unruly child for committing	564
any act that, if committed by an adult, would be a drug abuse	565
offense, as defined in section 2925.01 of the Revised Code, or a	566
violation of division (B) of section 2917.11 of the Revised Code,	567
then, in addition to imposing, in its discretion, any other order	568
of disposition authorized by this section, the court shall do both	569
of the following:	570

(1) Require the child to participate in a drug abuse or	571
alcohol abuse counseling program;	572

(2) Suspend or revoke the temporary instruction permit,	573
probationary driver's license, or driver's license issued to the	574
child for a period of time prescribed by the court or, at the	575
discretion of the court, until the child attends and	576
satisfactorily completes a drug abuse or alcohol abuse education,	577
intervention, or treatment program specified by the court. During	578
the time the child is attending the program, the court shall	579
retain any temporary instruction permit, probationary driver's	580
license, or driver's license issued to the child and shall return	581
the permit or license when the child satisfactorily completes the	582
program.	583

(C)(1) If a child is adjudicated an unruly child for being	584
an habitual truant, in addition to or in lieu of imposing any	585
other order of disposition authorized by this section, the court	586
may do any of the following:	587

(a) Order the board of education of the child's school	588
district or the governing board of the educational service center	589
in the child's school district to require the child to attend an	590
alternative school if an alternative school has been established	591
pursuant to section 3313.533 of the Revised Code in the school	592
district in which the child is entitled to attend school;	593

(b) Require the child to participate in any academic program	594
or community service program;	595

(c) Require the child to participate in a drug abuse or	596
alcohol abuse counseling program;	597

(d) Require that the child receive appropriate medical or	598
psychological treatment or counseling;	599

(e) Make any other order that the court finds proper to	600
address the child's habitual truancy, including an order requiring	601
the child to not be absent without legitimate excuse from the	602
public school the child is supposed to attend for five or more	603
consecutive days, seven or more school days in one school month,	604
or twelve or more school days in a school year and including an	605
order requiring the child to participate in a truancy prevention	606
mediation program.	607

(2) If a child is adjudicated an unruly child for being an	608
habitual truant and the court determines that the parent,	609
guardian, or other person having care of the child has failed to	610
cause the child's attendance at school in violation of section	611
3321.38 of the Revised Code, in addition to any order of	612
disposition authorized by this section, all of the following	613
apply:	614

(a) The court may require the parent, guardian, or other	615
person having care of the child to participate in any community	616
service program, preferably a community service program that	617
requires the involvement of the parent, guardian, or other person	618
having care of the child in the school attended by the child.	619

(b) The court may require the parent, guardian, or other	620
person having care of the child to participate in a truancy	621
prevention mediation program.	622

(c) The court shall warn the parent, guardian, or other	623
person having care of the child that any subsequent adjudication	624
of the child as an unruly or delinquent child for being an	625
habitual or chronic truant may result in a criminal charge against	626
the parent, guardian, or other person having care of the child for	627
a violation of division (C) of section 2919.21 or section 2919.24	628
of the Revised Code.	629

Sec. 2151.359.  (A)(1) In any proceeding in which a child	630
has been adjudicated an unruly, abused, neglected, or dependent	631
child, on the application of a party, or on the court's own	632
motion, the court may make an order restraining or otherwise	633
controlling the conduct of any parent, guardian, or other	634
custodian in the relationship of that individual to the child if	635
the court finds that an order of that type is necessary to do	636
either of the following:	637

(a) Control any conduct or relationship that will be	638
detrimental or harmful to the child.	639

(b) Control any conduct or relationship that will tend to	640
defeat the execution of the order of disposition made or to be	641
made.	642

(2) The court shall give due notice of the application or	643
motion under division (A) of this section, the grounds for the	644
application or motion, and an opportunity to be heard to the	645
person against whom an order under this division is directed. The	646
order may include a requirement that the child's parent, guardian,	647
or other custodian enter into a recognizance with sufficient	648
surety, conditioned upon the faithful discharge of any conditions	649
or control required by the court.	650

(B) The authority to make an order under division (A) of	651
this section and any order made under that authority is in	652
addition to the authority to make an order pursuant to division	653
(C)(2) of section 2151.354 or division (A)(6)(7)(b) of section	654
2152.19 of the Revised Code and to any order made under either	655
division.	656

(C) A person's failure to comply with any order made by the	657
court under this section is contempt of court under Chapter 2705.	658
of the Revised Code.	659

Sec. 2152.02.  As used in this chapter:

660

(A) "Act charged" means the act that is identified in a	661
complaint, indictment, or information alleging that a child is a	662
delinquent child.	663

(B) "Admitted to a department of youth services facility"	664
includes admission to a facility operated, or contracted for, by	665
the department and admission to a comparable facility outside this	666
state by another state or the United States.	667

(C)(1) "Child" means a person who is under eighteen years of	668
age, except as otherwise provided in divisions (C)(2) to (6) of	669
this section.	670

(2) Subject to division (C)(3) of this section, any person	671
who violates a federal or state law or a municipal ordinance prior	672
to attaining eighteen years of age shall be deemed a "child"	673
irrespective of that person's age at the time the complaint with	674
respect to that violation is filed or the hearing on the complaint	675
is held.	676

(3) Any person who, while under eighteen years of age,	677
commits an act that would be a felony if committed by an adult and	678
who is not taken into custody or apprehended for that act until	679
after the person attains twenty-one years of age is not a child in	680
relation to that act.	681

(4) Any person whose case is transferred for criminal	682
prosecution pursuant to section 2152.12 of the Revised Code shall	683
be deemed after the transfer not to be a child in the transferred	684
case.	685

(5) Any person whose case is transferred for criminal	686
prosecution pursuant to section 2152.12 of the Revised Code and	687
who subsequently is convicted of or pleads guilty to a felony in	688
that case, and any person who is adjudicated a delinquent child	689
for the commission of an act, who has a serious youthful offender	690
dispositional sentence imposed for the act pursuant to section	691
2152.13 of the Revised Code, and whose adult portion of the	692
dispositional sentence is invoked pursuant to section 2152.14 of	693
the Revised Code, shall be deemed after the transfer or invocation	694
not to be a child in any case in which a complaint is filed	695
against the person.	696

(6) The juvenile court has jurisdiction over a person who is	697
adjudicated a delinquent child or juvenile traffic offender prior	698
to attaining eighteen years of age until the person attains	699
twenty-one years of age, and, for purposes of that jurisdiction	700
related to that adjudication, except as otherwise provided in this	701
division, a person who is so adjudicated a delinquent child or	702
juvenile traffic offender shall be deemed a "child" until the	703
person attains twenty-one years of age. If a person is so	704
adjudicated a delinquent child or juvenile traffic offender and	705
the court makes a disposition of the person under this chapter, at	706
any time after the person attains eighteen years of age, the	707
places at which the person may be held under that disposition are	708
not limited to places authorized under this chapter solely for	709
confinement of children, and the person may be confined under that	710
disposition, in accordance with division (F)(2) of section 2152.26	711
of the Revised Code, in places other than those authorized under	712
this chapter solely for confinement of children.	713

(D) "Chronic truant" means any child of compulsory school	714
age who is absent without legitimate excuse for absence from the	715
public school the child is supposed to attend for seven or more	716
consecutive school days, ten or more school days in one school	717
month, or fifteen or more school days in a school year.	718

(E) "Community corrections facility," "public safety beds,"	719
"release authority," and "supervised release" have the same	720
meanings as in section 5139.01 of the Revised Code.	721

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

722

(1) Any child, except a juvenile traffic offender, who	723
violates any law of this state or the United States, or any	724
ordinance of a political subdivision of the state, that would be	725
an offense if committed by an adult;	726

(2) Any child who violates any lawful order of the court	727
made under this chapter or under Chapter 2151. of the Revised Code	728
other than an order issued under section 2151.87 of the Revised	729
Code;	730

(3) Any child who violates division (A) of section 2923.211	731
of the Revised Code;	732

(4) Any child who is a habitual truant and who previously	733
has been adjudicated an unruly child for being a habitual truant;	734

(5) Any child who is a chronic truant.

735

(G) "Discretionary serious youthful offender" means a person	736
who is eligible for a discretionary SYO and who is not transferred	737
to adult court under a mandatory or discretionary transfer.	738

(H) "Discretionary SYO" means a case in which the juvenile	739
court, in the juvenile court's discretion, may impose a serious	740
youthful offender disposition under section 2152.13 of the Revised	741
Code.	742

(I) "Discretionary transfer" means that the juvenile court	743
has discretion to transfer a case for criminal prosecution under	744
division (B) of section 2152.12 of the Revised Code.	745

(J) "Drug abuse offense," "felony drug abuse offense," and	746
"minor drug possession offense" have the same meanings as in	747
section 2925.01 of the Revised Code.	748

(K) "Electronic monitoring device," "certified electronic	749
monitoring device," "electronically monitored house arrest,"	750
"electronic monitoring system," and "certified electronic	751
monitoring system" have the same meanings as in section 2929.23 of	752
the Revised Code.	753

(L) "Economic loss" means any economic detriment suffered by	754
a victim of a delinquent act as a result of the delinquent act and	755
includes any loss of income due to lost time at work because of	756
any injury caused to the victim and any property loss, medical	757
cost, or funeral expense incurred as a result of the delinquent	758
act.	759

(M) "Firearm" has the same meaning as in section 2923.11 of	760
the Revised Code.	761

(N) "Juvenile traffic offender" means any child who violates	762
any traffic law, traffic ordinance, or traffic regulation of this	763
state, the United States, or any political subdivision of this	764
state, other than a resolution, ordinance, or regulation of a	765
political subdivision of this state the violation of which is	766
required to be handled by a parking violations bureau or a joint	767
parking violations bureau pursuant to Chapter 4521. of the Revised	768
Code.	769

(O) A "legitimate excuse for absence from the public school	770
the child is supposed to attend" has the same meaning as in	771
section 2151.011 of the Revised Code.	772

(P) "Mandatory serious youthful offender" means a person who	773
is eligible for a mandatory SYO and who is not transferred to	774
adult court under a mandatory or discretionary transfer.	775

(Q) "Mandatory SYO" means a case in which the juvenile court	776
is required to impose a mandatory serious youthful offender	777
disposition under section 2152.13 of the Revised Code.	778

(R) "Mandatory transfer" means that a case is required to be	779
transferred for criminal prosecution under division (A) of section	780
2152.12 of the Revised Code.	781

(S) "Mental illness" has the same meaning as in section	782
5122.01 of the Revised Code.	783

(T) "Mentally retarded person" has the same meaning as in	784
section 5123.01 of the Revised Code.	785

(U) "Monitored time" and "repeat violent offender" have the	786
same meanings as in section 2929.01 of the Revised Code.	787

(V) "Of compulsory school age" has the same meaning as in	788
section 3321.01 of the Revised Code.	789

(W) "Public record" has the same meaning as in section	790
149.43 of the Revised Code.	791

(X) "Serious youthful offender" means a person who is	792
eligible for a mandatory SYO or discretionary SYO but who is not	793
transferred to adult court under a mandatory or discretionary	794
transfer.	795

(Y) "Sexually oriented offense," "habitual sex offender,"	796
"juvenile sex offender registrant," and "sexual predator" have the	797
same meanings as in section 2950.01 of the Revised Code.	798

(Z) "Traditional juvenile" means a case that is not	799
transferred to adult court under a mandatory or discretionary	800
transfer, that is eligible for a disposition under sections	801
2152.16, 2152.17, 2152.19, and 2152.20 of the Revised Code, and	802
that is not eligible for a disposition under section 2152.13 of	803
the Revised Code.	804

(AA) "Transfer" means the transfer for criminal prosecution	805
of a case involving the alleged commission by a child of an act	806
that would be an offense if committed by an adult from the	807
juvenile court to the appropriate court that has jurisdiction of	808
the offense.	809

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

810

(1) A violation of section 2903.01 or 2903.02 of the Revised	811
Code;	812

(2) A violation of section 2923.02 of the Revised Code	813
involving an attempt to commit aggravated murder or murder.	814

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

815

(1) A violation of section 2903.03, 2905.01, 2907.02,	816
2909.02, 2911.01, or 2911.11 of the Revised Code;	817

(2) A violation of section 2903.04 of the Revised Code that	818
is a felony of the first degree;	819

(3) A violation of section 2907.12 of the Revised Code as it	820
existed prior to September 3, 1996.	821

Sec. 2152.19.  (A) If a child is adjudicated a delinquent	822
child, the court may make any of the following orders of	823
disposition, in addition to any other disposition authorized or	824
required by this chapter:	825

(1) Any order that is authorized by section 2151.353 of the	826
Revised Code for the care and protection of an abused, neglected,	827
or dependent child;	828

(2) Commit the child to the temporary custody of any school,	829
camp, institution, or other facility operated for the care of	830
delinquent children by the county, by a district organized under	831
section 2152.41 or 2151.65 of the Revised Code, or by a private	832
agency or organization, within or without the state, that is	833
authorized and qualified to provide the care, treatment, or	834
placement required, including, but not limited to, a school, camp,	835
or facility operated under section 2151.65 of the Revised Code;	836

(3) Place the child in a detention facility or district	837
detention facility operated under section 2152.41 of the Revised	838
Code, for up to ninety days;	839

(4) Place the child on community control under any	840
sanctions, services, and conditions that the court prescribes. As	841
a condition of community control in every case and in addition to	842
any other condition that it imposes upon the child, the court	843
shall require the child to abide by the law during the period of	844
community control. As referred to in this division, community	845
control includes, but is not limited to, the following sanctions	846
and conditions:	847

(a) A period of basic probation supervision in which the	848
child is required to maintain contact with a person appointed to	849
supervise the child in accordance with sanctions imposed by the	850
court;	851

(b) A period of intensive probation supervision in which the	852
child is required to maintain frequent contact with a person	853
appointed by the court to supervise the child while the child is	854
seeking or maintaining employment and participating in training,	855
education, and treatment programs as the order of disposition;	856

(c) A period of day reporting in which the child is required	857
each day to report to and leave a center or another approved	858
reporting location at specified times in order to participate in	859
work, education or training, treatment, and other approved	860
programs at the center or outside the center;	861

(d) A period of community service of up to five hundred	862
hours for an act that would be a felony or a misdemeanor of the	863
first degree if committed by an adult, up to two hundred hours for	864
an act that would be a misdemeanor of the second, third, or fourth	865
degree if committed by an adult, or up to thirty hours for an act	866
that would be a minor misdemeanor if committed by an adult;	867

(e) A requirement that the child obtain a high school	868
diploma, a certificate of high school equivalence, vocational	869
training, or employment;	870

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

871

(g) A requirement of alcohol or drug assessment or	872
counseling, or a period in an alcohol or drug treatment program	873
with a level of security for the child as determined necessary by	874
the court;	875

(h) A period in which the court orders the child to observe	876
a curfew that may involve daytime or evening hours;	877

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

878

(j) A period of house arrest with or without electronic	879
monitoring;	880

(k) A period of electronic monitoring without house arrest or	881
electronically monitored house arrest that does not exceed the	882
maximum sentence of imprisonment that could be imposed upon an	883
adult who commits the same act.	884

A period of electronically monitored house arrest imposed	885
under this division shall not extend beyond the child's	886
twenty-first birthday. If a court imposes a period of	887
electronically monitored house arrest upon a child under this	888
division, it shall require the child: to wear, otherwise have	889
attached to the child's person, or otherwise be subject to	890
monitoring by a certified electronic monitoring device or to	891
participate in the operation of and monitoring by a certified	892
electronic monitoring system; to remain in the child's home or	893
other specified premises for the entire period of electronically	894
monitored house arrest except when the court permits the child to	895
leave those premises to go to school or to other specified	896
premises; to be monitored by a central system that can determine	897
the child's location at designated times; to report periodically	898
to a person designated by the court; and to enter into a written	899
contract with the court agreeing to comply with all requirements	900
imposed by the court, agreeing to pay any fee imposed by the court	901
for the costs of the electronically monitored house arrest, and	902
agreeing to waive the right to receive credit for any time served	903
on electronically monitored house arrest toward the period of any	904
other dispositional order imposed upon the child if the child	905
violates any of the requirements of the dispositional order of	906
electronically monitored house arrest. The court also may impose	907
other reasonable requirements upon the child.	908

Unless ordered by the court, a child shall not receive credit	909
for any time served on electronically monitored house arrest	910
toward any other dispositional order imposed upon the child for	911
the act for which was imposed the dispositional order of	912
electronically monitored house arrest.	913

(l) A suspension of the driver's license, probationary	914
driver's license, or temporary instruction permit issued to the	915
child or a suspension of the registration of all motor vehicles	916
registered in the name of the child. A child whose license or	917
permit is so suspended is ineligible for issuance of a license or	918
permit during the period of suspension. At the end of the period	919
of suspension, the child shall not be reissued a license or permit	920
until the child has paid any applicable reinstatement fee and	921
complied with all requirements governing license reinstatement.	922

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

923

(5)(6) Require the child to not be absent without legitimate	924
excuse from the public school the child is supposed to attend for	925
five or more consecutive days, seven or more school days in one	926
school month, or twelve or more school days in a school year;	927

(6)(7)(a) If a child is adjudicated a delinquent child for	928
being a chronic truant or an habitual truant who previously has	929
been adjudicated an unruly child for being a habitual truant, do	930
either or both of the following:	931

(i) Require the child to participate in a truancy prevention	932
mediation program;	933

(ii) Make any order of disposition as authorized by this	934
section, except that the court shall not commit the child to a	935
facility described in division (A)(2) or (3) of this section	936
unless the court determines that the child violated a lawful court	937
order made pursuant to division (C)(1)(e) of section 2151.354 of	938
the Revised Code or division (A)(5)(6) of this section.	939

(b) If a child is adjudicated a delinquent child for being a	940
chronic truant or a habitual truant who previously has been	941
adjudicated an unruly child for being a habitual truant and the	942
court determines that the parent, guardian, or other person having	943
care of the child has failed to cause the child's attendance at	944
school in violation of section 3321.38 of the Revised Code, do	945
either or both of the following:	946

(i) Require the parent, guardian, or other person having	947
care of the child to participate in a truancy prevention mediation	948
program;	949

(ii) Require the parent, guardian, or other person having	950
care of the child to participate in any community service program,	951
preferably a community service program that requires the	952
involvement of the parent, guardian, or other person having care	953
of the child in the school attended by the child.	954

(7)(8) Make any further disposition that the court finds	955
proper, except that the child shall not be placed in any of the	956
following:	957

(a) A state correctional institution, a county, multicounty,	958
or municipal jail or workhouse, or another place in which an adult	959
convicted of a crime, under arrest, or charged with a crime is	960
held;	961

(b) A community corrections facility, if the child would be	962
covered by the definition of public safety beds for purposes of	963
sections 5139.41 to 5139.45 of the Revised Code if the court	964
exercised its authority to commit the child to the legal custody	965
of the department of youth services for institutionalization or	966
institutionalization in a secure facility pursuant to this	967
chapter.	968

(B) If a child is adjudicated a delinquent child, in	969
addition to any order of disposition made under division (A) of	970
this section, the court, in the following situations, shall	971
suspend the child's temporary instruction permit, restricted	972
license, probationary driver's license, or nonresident operating	973
privilege, or suspend the child's ability to obtain such a permit:	974

(1) The child is adjudicated a delinquent child for	975
violating section 2923.122 of the Revised Code, with the	976
suspension and denial being in accordance with division (E)(1)(a),	977
(c), (d), or (e) of section 2923.122 of the Revised Code.	978

(2) The child is adjudicated a delinquent child for	979
committing an act that if committed by an adult would be a drug	980
abuse offense or for violating division (B) of section 2917.11 of	981
the Revised Code, with the suspension continuing until the child	982
attends and satisfactorily completes a drug abuse or alcohol abuse	983
education, intervention, or treatment program specified by the	984
court. During the time the child is attending the program, the	985
court shall retain any temporary instruction permit, probationary	986
driver's license, or driver's license issued to the child, and the	987
court shall return the permit or license when the child	988
satisfactorily completes the program.	989

(C) The court may establish a victim-offender mediation	990
program in which victims and their offenders meet to discuss the	991
offense and suggest possible restitution. If the court obtains	992
the assent of the victim of the delinquent act committed by the	993
child, the court may require the child to participate in the	994
program.	995

(D)(1) If a child is adjudicated a delinquent child for	996
committing an act that would be a felony if committed by an adult	997
and if the child caused, attempted to cause, threatened to cause,	998
or created a risk of physical harm to the victim of the act, the	999
court, prior to issuing an order of disposition under this	1000
section, shall order the preparation of a victim impact statement	1001
by the probation department of the county in which the victim of	1002
the act resides, by the court's own probation department, or by a	1003
victim assistance program that is operated by the state, a county,	1004
a municipal corporation, or another governmental entity. The court	1005
shall consider the victim impact statement in determining the	1006
order of disposition to issue for the child.	1007

(2) Each victim impact statement shall identify the victim	1008
of the act for which the child was adjudicated a delinquent child,	1009
itemize any economic loss suffered by the victim as a result of	1010
the act, identify any physical injury suffered by the victim as a	1011
result of the act and the seriousness and permanence of the	1012
injury, identify any change in the victim's personal welfare or	1013
familial relationships as a result of the act and any	1014
psychological impact experienced by the victim or the victim's	1015
family as a result of the act, and contain any other information	1016
related to the impact of the act upon the victim that the court	1017
requires.	1018

(3) A victim impact statement shall be kept confidential and	1019
is not a public record. However, the court may furnish copies of	1020
the statement to the department of youth services if the	1021
delinquent child is committed to the department or to both the	1022
adjudicated delinquent child or the adjudicated delinquent child's	1023
counsel and the prosecuting attorney. The copy of a victim impact	1024
statement furnished by the court to the department pursuant to	1025
this section shall be kept confidential and is not a public	1026
record. If an officer is preparing pursuant to section 2947.06 or	1027
2951.03 of the Revised Code or Criminal Rule 32.2 a presentence	1028
investigation report pertaining to a person, the court shall make	1029
available to the officer, for use in preparing the report, a copy	1030
of any victim impact statement regarding that person. The copies	1031
of a victim impact statement that are made available to the	1032
adjudicated delinquent child or the adjudicated delinquent child's	1033
counsel and the prosecuting attorney pursuant to this division	1034
shall be returned to the court by the person to whom they were	1035
made available immediately following the imposition of an order of	1036
disposition for the child under this chapter.	1037

The copy of a victim impact statement that is made available	1038
pursuant to this division to an officer preparing a criminal	1039
presentence investigation report shall be returned to the court by	1040
the officer immediately following its use in preparing the report.	1041

(4) The department of youth services shall work with local	1042
probation departments and victim assistance programs to develop a	1043
standard victim impact statement.	1044

(E) If a child is adjudicated a delinquent child for being a	1045
chronic truant or an habitual truant who previously has been	1046
adjudicated an unruly child for being an habitual truant and the	1047
court determines that the parent, guardian, or other person having	1048
care of the child has failed to cause the child's attendance at	1049
school in violation of section 3321.38 of the Revised Code, in	1050
addition to any order of disposition it makes under this section,	1051
the court shall warn the parent, guardian, or other person having	1052
care of the child that any subsequent adjudication of the child as	1053
an unruly or delinquent child for being an habitual or chronic	1054
truant may result in a criminal charge against the parent,	1055
guardian, or other person having care of the child for a violation	1056
of division (C) of section 2919.21 or section 2919.24 of the	1057
Revised Code.	1058

(F)(1) During the period of a delinquent child's community	1059
control granted under this section, authorized probation officers	1060
who are engaged within the scope of their supervisory duties or	1061
responsibilities may search, with or without a warrant, the person	1062
of the delinquent child, the place of residence of the delinquent	1063
child, and a motor vehicle, another item of tangible or intangible	1064
personal property, or other real property in which the delinquent	1065
child has a right, title, or interest or for which the delinquent	1066
child has the express or implied permission of a person with a	1067
right, title, or interest to use, occupy, or possess if the	1068
probation officers have reasonable grounds to believe that the	1069
delinquent child is not abiding by the law or otherwise is not	1070
complying with the conditions of the delinquent child's community	1071
control. The court that places a delinquent child on community	1072
control under this section shall provide the delinquent child with	1073
a written notice that informs the delinquent child that authorized	1074
probation officers who are engaged within the scope of their	1075
supervisory duties or responsibilities may conduct those types of	1076
searches during the period of community control if they have	1077
reasonable grounds to believe that the delinquent child is not	1078
abiding by the law or otherwise is not complying with the	1079
conditions of the delinquent child's community control. The court	1080
also shall provide the written notice described in division (E)(2)	1081
of this section to each parent, guardian, or custodian of the	1082
delinquent child who is described in that division.	1083

(2) The court that places a child on community control under	1084
this section shall provide the child's parent, guardian, or other	1085
custodian with a written notice that informs them that authorized	1086
probation officers may conduct searches pursuant to division	1087
(E)(1) of this section. The notice shall specifically state that	1088
a permissible search might extend to a motor vehicle, another item	1089
of tangible or intangible personal property, or a place of	1090
residence or other real property in which a notified parent,	1091
guardian, or custodian has a right, title, or interest and that	1092
the parent, guardian, or custodian expressly or impliedly permits	1093
the child to use, occupy, or possess.	1094

(G) If a juvenile court commits a delinquent child to the	1095
custody of any person, organization, or entity pursuant to this	1096
section and if the delinquent act for which the child is so	1097
committed is a sexually oriented offense, the court in the order	1098
of disposition shall do one of the following:	1099

(1) Require that the child be provided treatment as	1100
described in division (A)(2) of section 5139.13 of the Revised	1101
Code;	1102

(2) Inform the person, organization, or entity that it is	1103
the preferred course of action in this state that the child be	1104
provided treatment as described in division (A)(2) of section	1105
5139.13 of the Revised Code and encourage the person,	1106
organization, or entity to provide that treatment.	1107

Sec.  2152.21.  (A) Unless division (C) of this section	1108
applies, if a child is adjudicated a juvenile traffic offender,	1109
the court may make any of the following orders of disposition:	1110

(1) Impose costs and one or more financial sanctions in	1111
accordance with section 2152.20 of the Revised Code;	1112

(2) Suspend the child's driver's license, probationary	1113
driver's license, or temporary instruction permit or the	1114
registration of all motor vehicles registered in the name of the	1115
child for a definite period not exceeding two years. A child	1116
whose license or permit is so suspended is ineligible for issuance	1117
of a license or permit during the period of suspension. At the	1118
end of the period of suspension, the child shall not be reissued a	1119
license or permit until the child has paid any applicable	1120
reinstatement fee and complied with all requirements governing	1121
license reinstatement.	1122

(3) Place the child on community control;

1123

(4) Require the child to make restitution for all damages	1124
caused by the child's traffic violation;	1125

(5)(a) If the child is adjudicated a juvenile traffic	1126
offender for committing a violation of division (A) of section	1127
4511.19 of the Revised Code or of a municipal ordinance that is	1128
substantially equivalent to that division, commit the child, for	1129
not longer than five days, to either of the following:	1130

(i) To the temporary custody of a detention facility or	1131
district detention facility established under section 2152.41 of	1132
the Revised Code;	1133

(ii) To the temporary custody of any school, camp,	1134
institution, or other facility for children operated in whole or	1135
in part for the care of juvenile traffic offenders of that nature	1136
by the county, by a district organized under section 2152.41 or	1137
2151.65 of the Revised Code, or by a private agency or	1138
organization within the state that is authorized and qualified to	1139
provide the care, treatment, or placement required.	1140

(b) If an order of disposition committing a child to the	1141
temporary custody of a home, school, camp, institution, or other	1142
facility of that nature is made under division (A)(5)(a) of this	1143
section, the length of the commitment shall not be reduced or	1144
diminished as a credit for any time that the child was held in a	1145
place of detention or shelter care, or otherwise was detained,	1146
prior to entry of the order of disposition.	1147

(6) If, after making a disposition under divisions (A)(1) to	1148
(5) of this section, the court finds upon further hearing that the	1149
child has failed to comply with the orders of the court and the	1150
child's operation of a motor vehicle constitutes the child a	1151
danger to the child and to others, the court may make any	1152
disposition authorized by divisions (A)(1), (3), (4), (5), and	1153
(7)(8) of section 2152.19 of the Revised Code, except that the	1154
child may not be committed to or placed in a secure correctional	1155
facility unless authorized by division (A)(5) of this section, and	1156
commitment to or placement in a detention facility may not exceed	1157
twenty-four hours.	1158

(B) If a child is adjudicated a juvenile traffic offender	1159
for violating division (A) or (B) of section 4511.19 of the	1160
Revised Code, in addition to any order of disposition made under	1161
division (A) of this section, the court shall suspend the	1162
temporary instruction permit, probationary driver's license, or	1163
driver's license issued to the child for a definite period of at	1164
least three months but not more than two years or, at the	1165
discretion of the court, until the child attends and	1166
satisfactorily completes a drug abuse or alcohol abuse education,	1167
intervention, or treatment program specified by the court. During	1168
the time the child is attending the program, the court shall	1169
retain any temporary instruction permit, probationary driver's	1170
license, or driver's license issued to the child and shall return	1171
the permit or license when the child satisfactorily completes the	1172
program.	1173

(C) If a child is adjudicated a juvenile traffic offender	1174
for violating division (B)(1) or (2) of section 4513.263 of the	1175
Revised Code, the court shall impose the appropriate fine set	1176
forth in section 4513.99 of the Revised Code. If a child is	1177
adjudicated a juvenile traffic offender for violating division	1178
(B)(3) of section 4513.263 of the Revised Code and if the child is	1179
sixteen years of age or older, the court shall impose the fine set	1180
forth in division (G) of section 4513.99 of the Revised Code. If	1181
a child is adjudicated a juvenile traffic offender for violating	1182
division (B)(3) of section 4513.263 of the Revised Code and if the	1183
child is under sixteen years of age, the court shall not impose a	1184
fine but may place the child on probation or community control.	1185

(D) A juvenile traffic offender is subject to sections	1186
4509.01 to 4509.78 of the Revised Code.	1187

Sec.  2152.26.  (A) Except as provided in divisions (B) and	1188
(F) of this section, a child alleged to be or adjudicated a	1189
delinquent child or a juvenile traffic offender may be held only	1190
in the following places:	1191

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

1192

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

1193

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

1194

(B) In addition to the places listed in division (A) of this	1195
section, a child alleged to be or adjudicated a delinquent child	1196
may be held in a detention facility for delinquent children that	1197
is under the direction or supervision of the court or other public	1198
authority or of a private agency and approved by the court and a	1199
child adjudicated a delinquent child may be held in accordance	1200
with division (F)(2) of this section in a facility of a type	1201
specified in that division. Division (B) of this section does not	1202
apply to a child alleged to be or adjudicated a delinquent child	1203
for chronic truancy, unless the child violated a lawful court	1204
order made pursuant to division (A)(5)(6) of section 2152.19 of	1205
the Revised Code. Division (B) of this section also does not	1206
apply to a child alleged to be or adjudicated a delinquent child	1207
for being an habitual truant who previously has been adjudicated	1208
an unruly child for being an habitual truant, unless the child	1209
violated a lawful court order made pursuant to division (C)(1)(e)	1210
of section 2151.354 of the Revised Code.	1211

(C)(1) Except as provided under division (C)(1) of section	1212
2151.311 of the Revised Code or division (A)(5) of section 2152.21	1213
of the Revised Code, a child alleged to be or adjudicated a	1214
juvenile traffic offender may not be held in any of the following	1215
facilities:	1216

(a) A state correctional institution, county, multicounty,	1217
or municipal jail or workhouse, or other place in which an adult	1218
convicted of crime, under arrest, or charged with a crime is held.	1219

(b) A secure correctional facility.

1220

(2) Except as provided under this section, sections 2151.56	1221
to 2151.61, and divisiondivisions (A)(5) and (6) of section	1222
2152.21 of the Revised Code, a child alleged to be or adjudicated	1223
a juvenile traffic offender may not be held for more than	1224
twenty-four hours in a detention facility.	1225

(D) Except as provided in division (F) of this section or in	1226
division (C) of section 2151.311, in division (C)(2) of section	1227
5139.06 and section 5120.162, or in division (B) of section	1228
5120.16 of the Revised Code, a child who is alleged to be or is	1229
adjudicated a delinquent child may not be held in a state	1230
correctional institution, county, multicounty, or municipal jail	1231
or workhouse, or other place where an adult convicted of crime,	1232
under arrest, or charged with crime is held.	1233

(E) Unless the detention is pursuant to division (F) of this	1234
section or division (C) of section 2151.311, division (C)(2) of	1235
section 5139.06 and section 5120.162, or division (B) of section	1236
5120.16 of the Revised Code, the official in charge of the	1237
institution, jail, workhouse, or other facility shall inform the	1238
court immediately when a child, who is or appears to be under the	1239
age of eighteen years, is received at the facility, and shall	1240
deliver the child to the court upon request or transfer the child	1241
to a detention facility designated by the court.	1242

(F)(1) If a case is transferred to another court for	1243
criminal prosecution pursuant to section 2152.12 of the Revised	1244
Code, the child may be transferred for detention pending the	1245
criminal prosecution in a jail or other facility in accordance	1246
with the law governing the detention of persons charged with	1247
crime. Any child so held shall be confined in a manner that keeps	1248
the child beyond the range of touch of all adult detainees. The	1249
child shall be supervised at all times during the detention.	1250

(2) If a person is adjudicated a delinquent child or	1251
juvenile traffic offender and the court makes a disposition of the	1252
person under this chapter, at any time after the person attains	1253
eighteen years of age, the person may be held under that	1254
disposition in places other than those specified in division (A)	1255
of this section, including, but not limited to, a county,	1256
multicounty, or municipal jail or workhouse, or other place where	1257
an adult convicted of crime, under arrest, or charged with crime	1258
is held.	1259

(3)(a) A person alleged to be a delinquent child may be held	1260
in places other than those specified in division (A) of this	1261
section, including, but not limited to, a county, multicounty, or	1262
municipal jail, if the delinquent act that the child allegedly	1263
committed would be a felony if committed by an adult, and if	1264
either of the following applies:	1265

(i) The person attains eighteen years of age before the	1266
person is arrested or apprehended for that act.	1267

(ii) The person is arrested or apprehended for that act	1268
before the person attains eighteen years of age, but the person	1269
attains eighteen years of age before the court orders a	1270
disposition in the case.	1271

(b) If, pursuant to division (F)(3)(a) of this section, a	1272
person is held in a place other than a place specified in division	1273
(A) of this section, the person has the same rights to bail as an	1274
adult charged with the same offense who is confined in a jail	1275
pending trial.	1276

Sec.  2152.41.  (A) Upon the recommendation of the judge,	1277
the board of county commissioners shall provide, by purchase,	1278
lease, construction, or otherwise, a detention facility that	1279
shall be within a convenient distance of the juvenile court. The	1280
facility shall not be used for the confinement of adults charged	1281
with criminal offenses. The facility may be used to detain	1282
alleged delinquent children until final disposition for	1283
evaluation pursuant to section 2152.04 of the Revised Code, to	1284
confine children who are adjudicated delinquent children and	1285
placed in the facility pursuant to division (A)(3) of section	1286
2152.19 of the Revised Code, and forto confine children who are	1287
adjudicated juvenile traffic offenders and committed to the	1288
facility under division (A)(5) or (6) of section 2152.21 of the	1289
Revised Code.	1290

(B) Upon the joint recommendation of the juvenile judges of	1291
two or more neighboring counties, the boards of county	1292
commissioners of the counties shall form themselves into a joint	1293
board and proceed to organize a district for the establishment and	1294
support of a detention facility for the use of the juvenile	1295
courts of those counties, in which alleged delinquent children may	1296
be detained as provided in division (A) of this section, by using	1297
a site or buildings already established in one of the counties or	1298
by providing for the purchase of a site and the erection of the	1299
necessary buildings on the site.	1300

A child who is adjudicated to be a juvenile traffic offender	1301
for having committed a violation of division (A) of section	1302
4511.19 of the Revised Code or of a municipal ordinance that is	1303
substantially comparable to that division may be confined in a	1304
detention facility or district detention facility pursuant to	1305
division (A)(5) of section 2152.21 of the Revised Code, provided	1306
the child is kept separate and apart from alleged delinquent	1307
children.	1308

Except as otherwise provided by law, district detention	1309
facilities shall be established, operated, maintained, and managed	1310
in the same manner so far as applicable as county detention	1311
facilities.	1312

Members of the board of county commissioners who meet by	1313
appointment to consider the organization of a district detention	1314
home, upon presentation of properly certified accounts, shall be	1315
paid their necessary expenses upon a warrant drawn by the county	1316
auditor of their county.	1317

The county auditor of the county having the greatest	1318
population or, with the unanimous concurrence of the county	1319
auditors of the counties composing a district, the auditor of the	1320
county in which the detention facility is located shall be the	1321
fiscal officer of a detention facility district. The county	1322
auditors of the several counties composing a detention facility	1323
district shall meet at the district detention facility, not less	1324
than once in six months, to review accounts and to transact any	1325
other duties in connection with the institution that pertain to	1326
the business of their office.	1327

(C) In any county in which there is no detention facility or	1328
that is not served by a district detention facility, the juvenile	1329
court may enter into a contract, subject to the approval of the	1330
board of county commissioners, with another juvenile court,	1331
another county's detention facility, or a joint county detention	1332
facility. Alternately, the board of county commissioners shall	1333
provide funds for the boarding of children, who would be	1334
eligible for detention under division (A) of this section,	1335
temporarily in private homes or in certified foster homes approved	1336
by the court for a period not exceeding sixty days or until final	1337
disposition of their cases, whichever comes first. The court also	1338
may arrange with any public children services agency or private	1339
child placing agency to receive, or private noncustodial agency	1340
for temporary care of, children within the jurisdiction of the	1341
court.	1342

If the court arranges for the board of children temporarily	1343
detained in certified foster homes or through any private child	1344
placing agency, the county shall pay a reasonable sum to be fixed	1345
by the court for the board of those children. In order to have	1346
certified foster homes available for service, an agreed monthly	1347
subsidy may be paid and a fixed rate per day for care of children	1348
actually residing in the certified foster home.	1349

(D) The board of county commissioners of any county within a	1350
detention facility district, upon the recommendation of the	1351
juvenile court of that county, may withdraw from the district and	1352
sell or lease its right, title, and interest in the site,	1353
buildings, furniture, and equipment of the facility to any	1354
counties in the district, at any price and upon any such terms	1355
that are agreed upon among the boards of county commissioners of	1356
the counties concerned. Section 307.10 of the Revised Code does	1357
not apply to this division. The net proceeds of any sale or lease	1358
under this division shall be paid into the treasury of the	1359
withdrawing county.	1360

The members of the board of trustees of a district detention	1361
facility who are residents of a county withdrawing from the	1362
district are deemed to have resigned their positions upon the	1363
completion of the withdrawal procedure provided by this division.	1364
The vacancies then created shall be filled as provided in this	1365
section.	1366

(E) The children to be admitted for care in a county or	1367
district detention facility established under this section, the	1368
period during which they shall be cared for in the facility, and	1369
the removal and transfer of children from the facility shall be	1370
determined by the juvenile court that ordered the child's	1371
detention.	1372

Sec.  2152.74.  (A) As used in this section, "DNA analysis"	1373
and "DNA specimen" have the same meanings as in section 109.573 of	1374
the Revised Code.	1375

(B)(1) A child who is adjudicated a delinquent child for	1376
committing an act listed in division (D) of this section and who	1377
is committed to the custody of the department of youth services,	1378
placed in a detention facility or district detention facility	1379
pursuant to division (A)(3) of section 2152.19 of the Revised	1380
Code, or toplaced in a school, camp, institution, or other	1381
facility for delinquent children described in division (A)(2) of	1382
section 2152.19 of the Revised Code shall submit to a DNA	1383
specimen collection procedure administered by the director of	1384
youth services if committed to the department or by the chief	1385
administrative officer of the detention facility, district	1386
detention facility, school, camp, institution, or other facility	1387
for delinquent children to which the child was committed or in	1388
which the child was placed. If the court commits the child to the	1389
department of youth services, the director of youth services shall	1390
cause the DNA specimen to be collected from the child during the	1391
intake process at an institution operated by or under the control	1392
of the department. If the court commits the child to or places	1393
the child in a detention facility, district detention facility,	1394
school, camp, institution, or other facility for delinquent	1395
children, the chief administrative officer of the detention	1396
facility, district detention facility, school, camp, institution,	1397
or facility to which the child is committed or in which the child	1398
is placed shall cause the DNA specimen to be collected from the	1399
child during the intake process for the detention facility,	1400
district detention facility, school, camp, institution, or	1401
facility. In accordance with division (C) of this section, the	1402
director or the chief administrative officer shall cause the DNA	1403
specimen to be forwarded to the bureau of criminal identification	1404
and investigation no later than fifteen days after the date of the	1405
collection of the DNA specimen. The DNA specimen shall be	1406
collected from the child in accordance with division (C) of this	1407
section.	1408

(2) If a child is adjudicated a delinquent child for	1409
committing an act listed in division (D) of this section, is	1410
committed to or placed in the department of youth services, a	1411
detention facility or district detention facility, or to a school,	1412
camp, institution, or other facility for delinquent children, and	1413
does not submit to a DNA specimen collection procedure pursuant to	1414
division (B)(1) of this section, prior to the child's release from	1415
the custody of the department of youth services, from the custody	1416
of the detention facility or district detention facility, or from	1417
the custody of the school, camp, institution, or facility, the	1418
child shall submit to, and the director of youth services or the	1419
chief administrator of the detention facility, district detention	1420
facility, school, camp, institution, or facility to which the	1421
child is committed or in which the child was placed shall	1422
administer, a DNA specimen collection procedure at the institution	1423
operated by or under the control of the department of youth	1424
services or at the detention facility, district detention	1425
facility, school, camp, institution, or facility to which the	1426
child is committed or in which the child was placed. In accordance	1427
with division (C) of this section, the director or the chief	1428
administrative officer shall cause the DNA specimen to be	1429
forwarded to the bureau of criminal identification and	1430
investigation no later than fifteen days after the date of the	1431
collection of the DNA specimen. The DNA specimen shall be	1432
collected in accordance with division (C) of this section.	1433

(C) If the DNA specimen is collected by withdrawing blood	1434
from the child or a similarly invasive procedure, a physician,	1435
registered nurse, licensed practical nurse, duly licensed clinical	1436
laboratory technician, or other qualified medical practitioner	1437
shall collect in a medically approved manner the DNA specimen	1438
required to be collected pursuant to division (B) of this section.	1439
If the DNA specimen is collected by swabbing for buccal cells or a	1440
similarly noninvasive procedure, this section does not require	1441
that the DNA specimen be collected by a qualified medical	1442
practitioner of that nature. No later than fifteen days after the	1443
date of the collection of the DNA specimen, the director of youth	1444
services or the chief administrative officer of the detention	1445
facility, district detention facility, school, camp, institution,	1446
or other facility for delinquent children to which the child is	1447
committed or in which the child was placed shall cause the DNA	1448
specimen to be forwarded to the bureau of criminal identification	1449
and investigation in accordance with procedures established by the	1450
superintendent of the bureau under division (H) of section 109.573	1451
of the Revised Code. The bureau shall provide the specimen vials,	1452
mailing tubes, labels, postage, and instruction needed for the	1453
collection and forwarding of the DNA specimen to the bureau.	1454

(D) The director of youth services and the chief	1455
administrative officer of a detention facility, district detention	1456
facility, school, camp, institution, or other facility for	1457
delinquent children shall cause a DNA specimen to be collected in	1458
accordance with divisions (B) and (C) of this section from each	1459
child in its custody who is adjudicated a delinquent child for	1460
committing any of the following acts:	1461

(1) A violation of section 2903.01, 2903.02, 2903.11,	1462
2905.01, 2907.02, 2907.03, 2907.05, 2911.01, 2911.02, 2911.11, or	1463
2911.12 of the Revised Code;	1464

(2) A violation of section 2907.12 of the Revised Code as it	1465
existed prior to September 3, 1996;	1466

(3) An attempt to commit a violation of section 2903.01,	1467
2903.02, 2907.02, 2907.03, or 2907.05 of the Revised Code or to	1468
commit a violation of section 2907.12 of the Revised Code as it	1469
existed prior to September 3, 1996;	1470

(4) A violation of any law that arose out of the same facts	1471
and circumstances and same act as did a charge against the child	1472
of a violation of section 2903.01, 2903.02, 2905.01, 2907.02,	1473
2907.03, 2907.05, or 2911.11 of the Revised Code that previously	1474
was dismissed or amended or as did a charge against the child of a	1475
violation of section 2907.12 of the Revised Code as it existed	1476
prior to September 3, 1996, that previously was dismissed or	1477
amended;	1478

(5) A violation of section 2905.02 or 2919.23 of the Revised	1479
Code that would have been a violation of section 2905.04 of the	1480
Revised Code as it existed prior to July 1, 1996, had the	1481
violation been committed prior to that date;	1482

(6) A felony violation of any law that arose out of the same	1483
facts and circumstances and same act as did a charge against the	1484
child of a violation of section 2903.11, 2911.01, 2911.02, or	1485
2911.12 of the Revised Code that previously was dismissed or	1486
amended;	1487

(7) A violation of section 2923.01 of the Revised Code	1488
involving a conspiracy to commit a violation of section 2903.01,	1489
2903.02, 2905.01, 2911.01, 2911.02, 2911.11, or 2911.12 of the	1490
Revised Code;	1491

(8) A violation of section 2923.03 of the Revised Code	1492
involving complicity in committing a violation of section 2903.01,	1493
2903.02, 2903.11, 2905.01, 2907.02, 2907.03, 2907.04, 2907.05,	1494
2911.01, 2911.02, 2911.11, or 2911.12 of the Revised Code or a	1495
violation of section 2907.12 of the Revised Code as it existed	1496
prior to September 3, 1996.	1497

(E) The director of youth services and the chief	1498
administrative officer of a detention facility, district detention	1499
facility, school, camp, institution, or other facility for	1500
delinquent children is not required to comply with this section in	1501
relation to the following acts until the superintendent of the	1502
bureau of criminal identification and investigation gives agencies	1503
in the juvenile justice system, as defined in section 181.51 of	1504
the Revised Code, in the state official notification that the	1505
state DNA laboratory is prepared to accept DNA specimens of that	1506
nature:	1507

(1) A violation of section 2903.11, 2911.01, 2911.02, or	1508
2911.12 of the Revised Code;	1509

(2) An attempt to commit a violation of section 2903.01 or	1510
2903.02 of the Revised Code;	1511

(3) A felony violation of any law that arose out of the same	1512
facts and circumstances and same act as did a charge against the	1513
child of a violation of section 2903.11, 2911.01, 2911.02, or	1514
2911.12 of the Revised Code that previously was dismissed or	1515
amended;	1516

(4) A violation of section 2923.01 of the Revised Code	1517
involving a conspiracy to commit a violation of section 2903.01,	1518
2903.02, 2905.01, 2911.01, 2911.02, 2911.11, or 2911.12 of the	1519
Revised Code;	1520

(5) A violation of section 2923.03 of the Revised Code	1521
involving complicity in committing a violation of section 2903.01,	1522
2903.02, 2903.11, 2905.01, 2907.02, 2907.03, 2907.04, 2907.05,	1523
2911.01, 2911.02, 2911.11, or 2911.12 of the Revised Code or a	1524
violation of section 2907.12 of the Revised Code as it existed	1525
prior to September 3, 1996.	1526

Sec. 5139.42.  In developing the formula described in section	1527
5139.41 of the Revised Code, the department of youth services	1528
shall use the data included by each juvenile court in the annual	1529
report described in division (C)(3)(b) of section 5139.43 of the	1530
Revised Code, other data included in any monthly reports that the	1531
department may require juvenile courts to file under division	1532
(C)(3)(c) of that section, and other data derived from a fiscal	1533
monitoring program or another monitoring program described in	1534
division (C)(3)(d) of that section to project or calculate the	1535
following for each year of a biennium:	1536

(A) The total number of children who will be adjudicated	1537
delinquent children by the juvenile courts for acts that if	1538
committed by an adult would be a felony;	1539

(B) The number of public safety beds;

1540

(C) The state target youth;

1541

(D) The per diem cost for the care and custody of felony	1542
delinquents that shall be calculated for each year of a biennium	1543
as follows:	1544

(1) By multiplying the state target youth by the projected	1545
length of stay of state target youth in the care and custody of	1546
the department;	1547

(2) By subtracting from the appropriation made to the	1548
department for care and custody of felony delinquents for each	1549
fiscal year of the biennium the amount of the appropriation that	1550
must be set aside pursuant to division (A) of section 5139.41 of	1551
the Revised Code for purposes of funding the contingency program	1552
described in section 5139.45 of the Revised Code, and then;	1553

(3) By dividing the remainder of the appropriation that was	1554
so calculated under division (D)(2) of this section by the product	1555
derived under division (D)(1) of this section;	1556

(3) By dividing the quotient derived under division (D)(2)	1557
of this section by the number of days in the fiscal year.	1558

(E) For each county of the state, that county's average	1559
percentage of the total number of children who during the past	1560
four fiscal years were adjudicated delinquent children by the	1561
juvenile courts for acts that, if committed by an adult, would be	1562
a felony;	1563

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

1564

(1) They are at least twelve years of age but less than	1565
eighteen years of age.	1566

(2) They were adjudicated delinquent children for having	1567
committed acts that if committed by an adult would be a felony.	1568

(3) They were committed to the department by the juvenile	1569
court of a county that has had one-tenth of one per cent or less	1570
of the statewide adjudications for felony delinquents as averaged	1571
for the past four fiscal years.	1572

(4) They are in the care and custody of an institution or a	1573
community corrections facility.	1574

Section 2. That existing sections 2151.011, 2151.35,	1575
2151.354, 2151.359, 2152.02, 2152.19, 2152.21, 2152.26, 2152.41,	1576
2152.74, and 5139.42 of the Revised Code are hereby repealed.	1577

Section 3.  Section 2151.35 of the Revised Code is presented	1578
in Section 1 of this act as a composite of the section as amended	1579
by both Am. Sub. S.B. 179 and Sub. S.B. 218 of the 123rd General	1580
Assembly. Section 2152.19 of the Revised Code is presented in	1581
Section 1 of this act as a composite of the section as amended by	1582
both Sub. H.B. 247 and Sub. H.B. 393 of the 124th General	1583
Assembly. The General Assembly, applying the principle stated in	1584
division (B) of section 1.52 of the Revised Code that amendments	1585
are to be harmonized if reasonably capable of simultaneous	1586
operation, finds that the composites are the resulting versions of	1587
the sections in effect prior to the effective date of the sections	1588
as presented in Section 1 of this act.	1589

Section 4. That the versions of sections 2151.354, 2152.19,	1590
and 2152.21 of the Revised Code that are scheduled to take effect	1591
January 1, 2004, be amended to read as follows:	1592

Sec. 2151.354.  (A) If the child is adjudicated an unruly	1593
child, the court may:	1594

(1) Make any of the dispositions authorized under section	1595
2151.353 of the Revised Code;	1596

(2) Place the child on community control under any	1597
sanctions, services, and conditions that the court prescribes, as	1598
described in division (A)(3)(4) of section 2152.19 of the Revised	1599
Code, provided that, if the court imposes a period of community	1600
service upon the child, the period of community service shall not	1601
exceed one hundred seventy-five hours;	1602

(3) Suspend the driver's license, probationary driver's	1603
license, or temporary instruction permit issued to the child for a	1604
period of time prescribed by the court and suspend the	1605
registration of all motor vehicles registered in the name of the	1606
child for a period of time prescribed by the court. A child whose	1607
license or permit is so suspended is ineligible for issuance of a	1608
license or permit during the period of suspension. At the end of	1609
the period of suspension, the child shall not be reissued a	1610
license or permit until the child has paid any applicable	1611
reinstatement fee and complied with all requirements governing	1612
license reinstatement.	1613

(4) Commit the child to the temporary or permanent custody	1614
of the court;	1615

(5) Make any further disposition the court finds proper that	1616
is consistent with sections 2151.312 and 2151.56 to 2151.61 of the	1617
Revised Code;	1618

(6) If, after making a disposition under division (A)(1),	1619
(2), or (3) of this section, the court finds upon further hearing	1620
that the child is not amenable to treatment or rehabilitation	1621
under that disposition, make a disposition otherwise authorized	1622
under divisions (A)(1), (3), (4), (5), and (7)(8) of section	1623
2152.19 of the Revised Code that is consistent with sections	1624
2151.312 and 2151.56 to 2151.61 of the Revised Code.	1625

(B) If a child is adjudicated an unruly child for committing	1626
any act that, if committed by an adult, would be a drug abuse	1627
offense, as defined in section 2925.01 of the Revised Code, or a	1628
violation of division (B) of section 2917.11 of the Revised Code,	1629
in addition to imposing, in its discretion, any other order of	1630
disposition authorized by this section, the court shall do both of	1631
the following:	1632

(1) Require the child to participate in a drug abuse or	1633
alcohol abuse counseling program;	1634

(2) Suspend the temporary instruction permit, probationary	1635
driver's license, or driver's license issued to the child for a	1636
period of time prescribed by the court. The court, in its	1637
discretion, may terminate the suspension if the child attends and	1638
satisfactorily completes a drug abuse or alcohol abuse education,	1639
intervention, or treatment program specified by the court. During	1640
the time the child is attending a program as described in this	1641
division, the court shall retain the child's temporary	1642
instruction permit, probationary driver's license, or driver's	1643
license, and the court shall return the permit or license if it	1644
terminates the suspension.	1645

(C)(1) If a child is adjudicated an unruly child for being	1646
an habitual truant, in addition to or in lieu of imposing any	1647
other order of disposition authorized by this section, the court	1648
may do any of the following:	1649

(a) Order the board of education of the child's school	1650
district or the governing board of the educational service center	1651
in the child's school district to require the child to attend an	1652
alternative school if an alternative school has been established	1653
pursuant to section 3313.533 of the Revised Code in the school	1654
district in which the child is entitled to attend school;	1655

(b) Require the child to participate in any academic program	1656
or community service program;	1657

(c) Require the child to participate in a drug abuse or	1658
alcohol abuse counseling program;	1659

(d) Require that the child receive appropriate medical or	1660
psychological treatment or counseling;	1661

(e) Make any other order that the court finds proper to	1662
address the child's habitual truancy, including an order requiring	1663
the child to not be absent without legitimate excuse from the	1664
public school the child is supposed to attend for five or more	1665
consecutive days, seven or more school days in one school month,	1666
or twelve or more school days in a school year and including an	1667
order requiring the child to participate in a truancy prevention	1668
mediation program.	1669

(2) If a child is adjudicated an unruly child for being an	1670
habitual truant and the court determines that the parent,	1671
guardian, or other person having care of the child has failed to	1672
cause the child's attendance at school in violation of section	1673
3321.38 of the Revised Code, in addition to any order of	1674
disposition authorized by this section, all of the following	1675
apply:	1676

(a) The court may require the parent, guardian, or other	1677
person having care of the child to participate in any community	1678
service program, preferably a community service program that	1679
requires the involvement of the parent, guardian, or other person	1680
having care of the child in the school attended by the child.	1681

(b) The court may require the parent, guardian, or other	1682
person having care of the child to participate in a truancy	1683
prevention mediation program.	1684

(c) The court shall warn the parent, guardian, or other	1685
person having care of the child that any subsequent adjudication	1686
of the child as an unruly or delinquent child for being an	1687
habitual or chronic truant may result in a criminal charge against	1688
the parent, guardian, or other person having care of the child for	1689
a violation of division (C) of section 2919.21 or section 2919.24	1690
of the Revised Code.	1691

Sec. 2152.19.  (A) If a child is adjudicated a delinquent	1692
child, the court may make any of the following orders of	1693
disposition, in addition to any other disposition authorized or	1694
required by this chapter:	1695

(1) Any order that is authorized by section 2151.353 of the	1696
Revised Code for the care and protection of an abused, neglected,	1697
or dependent child;	1698

(2) Commit the child to the temporary custody of any school,	1699
camp, institution, or other facility operated for the care of	1700
delinquent children by the county, by a district organized under	1701
section 2152.41 or 2151.65 of the Revised Code, or by a private	1702
agency or organization, within or without the state, that is	1703
authorized and qualified to provide the care, treatment, or	1704
placement required, including, but not limited to, a school, camp,	1705
or facility operated under section 2151.65 of the Revised Code;	1706

(3) Place the child in a detention facility or district	1707
detention facility operated under section 2152.41 of the Revised	1708
Code, for up to ninety days;	1709

(4) Place the child on community control under any sanctions,	1710
services, and conditions that the court prescribes. As a	1711
condition of community control in every case and in addition to	1712
any other condition that it imposes upon the child, the court	1713
shall require the child to abide by the law during the period of	1714
community control. As referred to in this division, community	1715
control includes, but is not limited to, the following sanctions	1716
and conditions:	1717

(a) A period of basic probation supervision in which the	1718
child is required to maintain contact with a person appointed to	1719
supervise the child in accordance with sanctions imposed by the	1720
court;	1721

(b) A period of intensive probation supervision in which the	1722
child is required to maintain frequent contact with a person	1723
appointed by the court to supervise the child while the child is	1724
seeking or maintaining employment and participating in training,	1725
education, and treatment programs as the order of disposition;	1726

(c) A period of day reporting in which the child is required	1727
each day to report to and leave a center or another approved	1728
reporting location at specified times in order to participate in	1729
work, education or training, treatment, and other approved	1730
programs at the center or outside the center;	1731

(d) A period of community service of up to five hundred	1732
hours for an act that would be a felony or a misdemeanor of the	1733
first degree if committed by an adult, up to two hundred hours for	1734
an act that would be a misdemeanor of the second, third, or fourth	1735
degree if committed by an adult, or up to thirty hours for an act	1736
that would be a minor misdemeanor if committed by an adult;	1737

(e) A requirement that the child obtain a high school	1738
diploma, a certificate of high school equivalence, vocational	1739
training, or employment;	1740

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

1741

(g) A requirement of alcohol or drug assessment or	1742
counseling, or a period in an alcohol or drug treatment program	1743
with a level of security for the child as determined necessary by	1744
the court;	1745

(h) A period in which the court orders the child to observe	1746
a curfew that may involve daytime or evening hours;	1747

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

1748

(j) A period of house arrest with or without electronic	1749
monitoring;	1750

(k) A period of electronic monitoring without house arrest or	1751
electronically monitored house arrest that does not exceed the	1752
maximum sentence of imprisonment that could be imposed upon an	1753
adult who commits the same act.	1754

A period of electronically monitored house arrest imposed	1755
under this division shall not extend beyond the child's	1756
twenty-first birthday. If a court imposes a period of	1757
electronically monitored house arrest upon a child under this	1758
division, it shall require the child: to wear, otherwise have	1759
attached to the child's person, or otherwise be subject to	1760
monitoring by a certified electronic monitoring device or to	1761
participate in the operation of and monitoring by a certified	1762
electronic monitoring system; to remain in the child's home or	1763
other specified premises for the entire period of electronically	1764
monitored house arrest except when the court permits the child to	1765
leave those premises to go to school or to other specified	1766
premises; to be monitored by a central system that can determine	1767
the child's location at designated times; to report periodically	1768
to a person designated by the court; and to enter into a written	1769
contract with the court agreeing to comply with all requirements	1770
imposed by the court, agreeing to pay any fee imposed by the court	1771
for the costs of the electronically monitored house arrest, and	1772
agreeing to waive the right to receive credit for any time served	1773
on electronically monitored house arrest toward the period of any	1774
other dispositional order imposed upon the child if the child	1775
violates any of the requirements of the dispositional order of	1776
electronically monitored house arrest. The court also may impose	1777
other reasonable requirements upon the child.	1778

Unless ordered by the court, a child shall not receive credit	1779
for any time served on electronically monitored house arrest	1780
toward any other dispositional order imposed upon the child for	1781
the act for which was imposed the dispositional order of	1782
electronically monitored house arrest.	1783

(l) A suspension of the driver's license, probationary	1784
driver's license, or temporary instruction permit issued to the	1785
child for a period of time prescribed by the court, or a	1786
suspension of the registration of all motor vehicles registered in	1787
the name of the child for a period of time prescribed by the	1788
court. A child whose license or permit is so suspended is	1789
ineligible for issuance of a license or permit during the period	1790
of suspension. At the end of the period of suspension, the child	1791
shall not be reissued a license or permit until the child has paid	1792
any applicable reinstatement fee and complied with all	1793
requirements governing license reinstatement.	1794

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

1795

(5)(6) Require the child to not be absent without legitimate	1796
excuse from the public school the child is supposed to attend for	1797
five or more consecutive days, seven or more school days in one	1798
school month, or twelve or more school days in a school year;	1799

(6)(7)(a) If a child is adjudicated a delinquent child for	1800
being a chronic truant or an habitual truant who previously has	1801
been adjudicated an unruly child for being a habitual truant, do	1802
either or both of the following:	1803

(i) Require the child to participate in a truancy prevention	1804
mediation program;	1805

(ii) Make any order of disposition as authorized by this	1806
section, except that the court shall not commit the child to a	1807
facility described in division (A)(2) or (3) of this section	1808
unless the court determines that the child violated a lawful court	1809
order made pursuant to division (C)(1)(e) of section 2151.354 of	1810
the Revised Code or division (A)(5)(6) of this section.	1811

(b) If a child is adjudicated a delinquent child for being a	1812
chronic truant or a habitual truant who previously has been	1813
adjudicated an unruly child for being a habitual truant and the	1814
court determines that the parent, guardian, or other person having	1815
care of the child has failed to cause the child's attendance at	1816
school in violation of section 3321.38 of the Revised Code, do	1817
either or both of the following:	1818

(i) Require the parent, guardian, or other person having	1819
care of the child to participate in a truancy prevention mediation	1820
program;	1821

(ii) Require the parent, guardian, or other person having	1822
care of the child to participate in any community service program,	1823
preferably a community service program that requires the	1824
involvement of the parent, guardian, or other person having care	1825
of the child in the school attended by the child.	1826

(7)(8) Make any further disposition that the court finds	1827
proper, except that the child shall not be placed in any of the	1828
following:	1829

(a) A state correctional institution, a county, multicounty,	1830
or municipal jail or workhouse, or another place in which an adult	1831
convicted of a crime, under arrest, or charged with a crime is	1832
held;	1833

(b) A community corrections facility, if the child would be	1834
covered by the definition of public safety beds for purposes of	1835
sections 5139.41 to 5139.45 of the Revised Code if the court	1836
exercised its authority to commit the child to the legal custody	1837
of the department of youth services for institutionalization or	1838
institutionalization in a secure facility pursuant to this	1839
chapter.	1840

(B) If a child is adjudicated a delinquent child, in	1841
addition to any order of disposition made under division (A) of	1842
this section, the court, in the following situations and for the	1843
specified periods of time, shall suspend the child's temporary	1844
instruction permit, restricted license, probationary driver's	1845
license, or nonresident operating privilege, or suspend the	1846
child's ability to obtain such a permit:	1847

(1) If the child is adjudicated a delinquent child for	1848
violating section 2923.122 of the Revised Code, impose a class	1849
four suspension of the child's license, permit, or privilege from	1850
the range specified in division (A)(4) of section 4510.02 of the	1851
Revised Code or deny the child the issuance of a license or permit	1852
in accordance with division (F)(1) of section 2923.122 of the	1853
Revised Code.	1854

(2) If the child is adjudicated a delinquent child for	1855
committing an act that if committed by an adult would be a drug	1856
abuse offense or for violating division (B) of section 2917.11 of	1857
the Revised Code, suspend the child's license, permit, or	1858
privilege for a period of time prescribed by the court. The court,	1859
in its discretion, may terminate the suspension if the child	1860
attends and satisfactorily completes a drug abuse or alcohol abuse	1861
education, intervention, or treatment program specified by the	1862
court. During the time the child is attending a program	1863
described in this division, the court shall retain the child's	1864
temporary instruction permit, probationary driver's license, or	1865
driver's license, and the court shall return the permit or license	1866
if it terminates the suspension as described in this division.	1867

(C) The court may establish a victim-offender mediation	1868
program in which victims and their offenders meet to discuss the	1869
offense and suggest possible restitution. If the court obtains	1870
the assent of the victim of the delinquent act committed by the	1871
child, the court may require the child to participate in the	1872
program.	1873

(D)(1) If a child is adjudicated a delinquent child for	1874
committing an act that would be a felony if committed by an adult	1875
and if the child caused, attempted to cause, threatened to cause,	1876
or created a risk of physical harm to the victim of the act, the	1877
court, prior to issuing an order of disposition under this	1878
section, shall order the preparation of a victim impact statement	1879
by the probation department of the county in which the victim of	1880
the act resides, by the court's own probation department, or by a	1881
victim assistance program that is operated by the state, a county,	1882
a municipal corporation, or another governmental entity. The court	1883
shall consider the victim impact statement in determining the	1884
order of disposition to issue for the child.	1885

(2) Each victim impact statement shall identify the victim	1886
of the act for which the child was adjudicated a delinquent child,	1887
itemize any economic loss suffered by the victim as a result of	1888
the act, identify any physical injury suffered by the victim as a	1889
result of the act and the seriousness and permanence of the	1890
injury, identify any change in the victim's personal welfare or	1891
familial relationships as a result of the act and any	1892
psychological impact experienced by the victim or the victim's	1893
family as a result of the act, and contain any other information	1894
related to the impact of the act upon the victim that the court	1895
requires.	1896

(3) A victim impact statement shall be kept confidential and	1897
is not a public record. However, the court may furnish copies of	1898
the statement to the department of youth services if the	1899
delinquent child is committed to the department or to both the	1900
adjudicated delinquent child or the adjudicated delinquent child's	1901
counsel and the prosecuting attorney. The copy of a victim impact	1902
statement furnished by the court to the department pursuant to	1903
this section shall be kept confidential and is not a public	1904
record. If an officer is preparing pursuant to section 2947.06 or	1905
2951.03 of the Revised Code or Criminal Rule 32.2 a presentence	1906
investigation report pertaining to a person, the court shall make	1907
available to the officer, for use in preparing the report, a copy	1908
of any victim impact statement regarding that person. The copies	1909
of a victim impact statement that are made available to the	1910
adjudicated delinquent child or the adjudicated delinquent child's	1911
counsel and the prosecuting attorney pursuant to this division	1912
shall be returned to the court by the person to whom they were	1913
made available immediately following the imposition of an order of	1914
disposition for the child under this chapter.	1915

The copy of a victim impact statement that is made available	1916
pursuant to this division to an officer preparing a criminal	1917
presentence investigation report shall be returned to the court by	1918
the officer immediately following its use in preparing the report.	1919

(4) The department of youth services shall work with local	1920
probation departments and victim assistance programs to develop a	1921
standard victim impact statement.	1922

(E) If a child is adjudicated a delinquent child for being a	1923
chronic truant or an habitual truant who previously has been	1924
adjudicated an unruly child for being an habitual truant and the	1925
court determines that the parent, guardian, or other person having	1926
care of the child has failed to cause the child's attendance at	1927
school in violation of section 3321.38 of the Revised Code, in	1928
addition to any order of disposition it makes under this section,	1929
the court shall warn the parent, guardian, or other person having	1930
care of the child that any subsequent adjudication of the child as	1931
an unruly or delinquent child for being an habitual or chronic	1932
truant may result in a criminal charge against the parent,	1933
guardian, or other person having care of the child for a violation	1934
of division (C) of section 2919.21 or section 2919.24 of the	1935
Revised Code.	1936

(F)(1) During the period of a delinquent child's community	1937
control granted under this section, authorized probation officers	1938
who are engaged within the scope of their supervisory duties or	1939
responsibilities may search, with or without a warrant, the person	1940
of the delinquent child, the place of residence of the delinquent	1941
child, and a motor vehicle, another item of tangible or intangible	1942
personal property, or other real property in which the delinquent	1943
child has a right, title, or interest or for which the delinquent	1944
child has the express or implied permission of a person with a	1945
right, title, or interest to use, occupy, or possess if the	1946
probation officers have reasonable grounds to believe that the	1947
delinquent child is not abiding by the law or otherwise is not	1948
complying with the conditions of the delinquent child's community	1949
control. The court that places a delinquent child on community	1950
control under this section shall provide the delinquent child with	1951
a written notice that informs the delinquent child that authorized	1952
probation officers who are engaged within the scope of their	1953
supervisory duties or responsibilities may conduct those types of	1954
searches during the period of community control if they have	1955
reasonable grounds to believe that the delinquent child is not	1956
abiding by the law or otherwise is not complying with the	1957
conditions of the delinquent child's community control. The court	1958
also shall provide the written notice described in division (E)(2)	1959
of this section to each parent, guardian, or custodian of the	1960
delinquent child who is described in that division.	1961

(2) The court that places a child on community control under	1962
this section shall provide the child's parent, guardian, or other	1963
custodian with a written notice that informs them that authorized	1964
probation officers may conduct searches pursuant to division	1965
(E)(1) of this section. The notice shall specifically state that	1966
a permissible search might extend to a motor vehicle, another item	1967
of tangible or intangible personal property, or a place of	1968
residence or other real property in which a notified parent,	1969
guardian, or custodian has a right, title, or interest and that	1970
the parent, guardian, or custodian expressly or impliedly permits	1971
the child to use, occupy, or possess.	1972

(G) If a juvenile court commits a delinquent child to the	1973
custody of any person, organization, or entity pursuant to this	1974
section and if the delinquent act for which the child is so	1975
committed is a sexually oriented offense, the court in the order	1976
of disposition shall do one of the following:	1977

(1) Require that the child be provided treatment as	1978
described in division (A)(2) of section 5139.13 of the Revised	1979
Code;	1980

(2) Inform the person, organization, or entity that it is	1981
the preferred course of action in this state that the child be	1982
provided treatment as described in division (A)(2) of section	1983
5139.13 of the Revised Code and encourage the person,	1984
organization, or entity to provide that treatment.	1985

Sec. 2152.21.  (A) Unless division (C) of this section	1986
applies, if a child is adjudicated a juvenile traffic offender,	1987
the court may make any of the following orders of disposition:	1988

(1) Impose costs and one or more financial sanctions in	1989
accordance with section 2152.20 of the Revised Code;	1990

(2) Suspend the child's driver's license, probationary	1991
driver's license, or temporary instruction permit for a definite	1992
period not exceeding two years or suspend the registration of all	1993
motor vehicles registered in the name of the child for a definite	1994
period not exceeding two years. A child whose license or permit	1995
is so suspended is ineligible for issuance of a license or permit	1996
during the period of suspension. At the end of the period of	1997
suspension, the child shall not be reissued a license or permit	1998
until the child has paid any applicable reinstatement fee and	1999
complied with all requirements governing license reinstatement.	2000

(3) Place the child on community control;

2001

(4) Require the child to make restitution for all damages	2002
caused by the child's traffic violation;	2003

(5)(a) If the child is adjudicated a juvenile traffic	2004
offender for committing a violation of division (A) of section	2005
4511.19 of the Revised Code or of a municipal ordinance that is	2006
substantially equivalent to that division, commit the child, for	2007
not longer than five days, to either of the following:	2008

(i) The temporary custody of a detention facility or	2009
district detention facility established under section 2152.41 of	2010
the Revised Code;	2011

(ii) The temporary custody of any school, camp, institution,	2012
or other facility for children operated in whole or in part for	2013
the care of juvenile traffic offenders of that nature by the	2014
county, by a district organized under section 2152.41 or 2151.65	2015
of the Revised Code, or by a private agency or organization within	2016
the state that is authorized and qualified to provide the care,	2017
treatment, or placement required.	2018

(b) If an order of disposition committing a child to the	2019
temporary custody of a home, school, camp, institution, or other	2020
facility of that nature is made under division (A)(5)(a) of this	2021
section, the length of the commitment shall not be reduced or	2022
diminished as a credit for any time that the child was held in a	2023
place of detention or shelter care, or otherwise was detained,	2024
prior to entry of the order of disposition.	2025

(6) If, after making a disposition under divisions (A)(1) to	2026
(5) of this section, the court finds upon further hearing that the	2027
child has failed to comply with the orders of the court and the	2028
child's operation of a motor vehicle constitutes the child a	2029
danger to the child and to others, the court may make any	2030
disposition authorized by divisions (A)(1), (3), (4), (5), and	2031
(7)(8) of section 2152.19 of the Revised Code, except that the	2032
child may not be committed to or placed in a secure correctional	2033
facility unless authorized by division (A)(5) of this section, and	2034
commitment to or placement in a detention facility may not exceed	2035
twenty-four hours.	2036

(B) If a child is adjudicated a juvenile traffic offender	2037
for violating division (A) or (B) of section 4511.19 of the	2038
Revised Code, in addition to any order of disposition made under	2039
division (A) of this section, the court shall impose a class six	2040
suspension of the temporary instruction permit, probationary	2041
driver's license, or driver's license issued to the child from	2042
the range specified in division (A)(6) of section 4510.02 of the	2043
Revised Code. The court, in its discretion, may terminate the	2044
suspension if the child attends and satisfactorily completes a	2045
drug abuse or alcohol abuse education, intervention, or treatment	2046
program specified by the court. During the time the child is	2047
attending a program as described in this division, the court	2048
shall retain the child's temporary instruction permit,	2049
probationary driver's license, or driver's license issued, and the	2050
court shall return the permit or license if it terminates the	2051
suspension as described in this division.	2052

(C) If a child is adjudicated a juvenile traffic offender	2053
for violating division (B)(1) of section 4513.263 of the Revised	2054
Code, the court shall impose the appropriate fine set forth in	2055
division (G) of that section. If a child is adjudicated a juvenile	2056
traffic offender for violating division (B)(3) of section 4513.263	2057
of the Revised Code and if the child is sixteen years of age or	2058
older, the court shall impose the fine set forth in division	2059
(G)(2) of that section. If a child is adjudicated a juvenile	2060
traffic offender for violating division (B)(3) of section 4513.263	2061
of the Revised Code and if the child is under sixteen years of	2062
age, the court shall not impose a fine but may place the child on	2063
probation or community control.	2064

(D) A juvenile traffic offender is subject to sections	2065
4509.01 to 4509.78 of the Revised Code.	2066

Section 5. That the existing versions of sections 2151.354,	2067
2152.19, and 2152.21 of the Revised Code that are scheduled to	2068
take effect January 1, 2004, are hereby repealed.	2069

Section 6. Sections 4 and 5 of this act shall take effect	2070
January 1, 2004.	2071