(B) When a juvenile court commits a delinquent child to the | 21 |
custody of the department of youth services pursuant to this | 22 |
chapter, the
court shall state in the order of commitment the | 23 |
total
number of days that the child has been held in detention in | 24 |
connection with the delinquent child complaint upon which the | 25 |
order of commitment is based. The department shall reduce the | 26 |
minimum period
of institutionalization that was ordered by both | 27 |
the total
number of days that the child has been so held in | 28 |
detention as stated by the
court in the order of commitment and | 29 |
the total number of any additional days
that the child has been | 30 |
held in detention subsequent to the order
of commitment but prior | 31 |
to the transfer of physical custody of the
child to the | 32 |
department. | 33 |
(C)(1) When a juvenile court commits a delinquent child to | 34 |
the
custody of the department of youth services pursuant to this | 35 |
chapter, the
court shall
provide the department with the child's | 36 |
medical records, a copy of
the report of any mental examination of | 37 |
the child ordered by the
court, the Revised Code section or | 38 |
sections the child
violated and the degree of each violation, the | 39 |
warrant to convey the child to
the department, a copy of the | 40 |
court's journal entry ordering the
commitment of the child to the | 41 |
legal custody of the department, a copy of the
arrest record | 42 |
pertaining to the act for which the child was
adjudicated a | 43 |
delinquent child, a copy of any victim impact
statement pertaining | 44 |
to the act, and any other information
concerning the child that | 45 |
the department reasonably requests. The
court also shall complete | 46 |
the form for the standard predisposition
investigation report that | 47 |
the department furnishes pursuant to
section 5139.04 of the | 48 |
Revised Code and provide the
department with the completed form. | 49 |
The department may refuse to accept physical custody of a | 50 |
delinquent child who is committed to the legal custody of the | 51 |
department until the court provides to the department the | 52 |
documents specified in this division. No officer or employee of | 53 |
the department who refuses to accept physical custody of a | 54 |
delinquent child who is committed to the legal custody of the | 55 |
department shall be subject to prosecution or contempt of court | 56 |
for the refusal if the court fails to provide the documents | 57 |
specified in this division at the time the court transfers the | 58 |
physical custody of the child to the department. | 59 |
(2) Within twenty working days after the department of youth | 60 |
services receives physical custody of a delinquent child from a | 61 |
juvenile
court, the court shall provide the department with a | 62 |
certified copy of
the child's birth certificate and the child's | 63 |
social security
number or, if the court made all reasonable | 64 |
efforts to obtain the
information but was unsuccessful, with | 65 |
documentation of the
efforts it made to obtain the information. | 66 |
(3) If an officer is preparing pursuant to section 2947.06
or | 67 |
2951.03 of the Revised Code or Criminal Rule 32.2 a presentence | 68 |
investigation report pertaining to a person, the department shall | 69 |
make available to the officer, for use in preparing the report, | 70 |
any records or reports it possesses regarding that person that it | 71 |
received from a juvenile court pursuant to division (C)(1) of this | 72 |
section or that pertain to the treatment of that person after the | 73 |
person was committed to the custody of the department as a | 74 |
delinquent child. | 75 |
(D)(1) Within ten days after an adjudication that a
child is | 76 |
a delinquent child, the court shall give written notice
of the | 77 |
adjudication to the superintendent of a city, local,
exempted | 78 |
village, or joint vocational school district, and to the principal | 79 |
of
the school the child attends, if the basis
of the adjudication | 80 |
was the commission of an act that would be a
criminal offense if | 81 |
committed by an adult, if the act was
committed by the delinquent | 82 |
child when the child was fourteen years of age or
older, and if | 83 |
the act is any of the following: | 84 |
(a) An act that would be a felony or an offense of violence | 85 |
if
committed by an adult, an act in the commission of which the | 86 |
child used or
brandished a firearm, or an
act that is a violation | 87 |
of section
2907.06, 2907.07, 2907.08, 2907.09,
2907.24,
or | 88 |
2907.241 of the Revised Code and that would be
a misdemeanor if | 89 |
committed by an adult; | 90 |
(e) Complicity in any violation described in division | 108 |
(D)(1)(a),
(b), (c), or (d)
of this
section that was alleged to | 109 |
have
been committed in the manner described in division
(D)(1)(a), | 110 |
(b), (c), or
(d)
of this section, regardless of whether the act of | 111 |
complicity was committed on property owned or controlled by, or at | 112 |
an activity
held under the auspices of, the board of
education of | 113 |
that school district. | 114 |
(3)
Within fourteen days after committing a delinquent child | 121 |
to
the custody of the department of youth services, the court | 122 |
shall
give notice to the school attended by the child of the | 123 |
child's
commitment by sending to that school a copy of the court's | 124 |
journal
entry ordering the commitment. As soon as possible after | 125 |
receipt
of the notice described in this division, the school shall | 126 |
provide
the department with the child's school transcript. | 127 |
However, the
department shall not refuse to accept a child | 128 |
committed to it, and
a child committed to it shall not be held in | 129 |
a county or district detention
facility, because of a school's | 130 |
failure to provide the school transcript that
it
is required to | 131 |
provide under this division. | 132 |
The records described in divisions (D)(4)(a) to (i) of this | 155 |
section are intended to be used by the superintendent in deciding | 156 |
the appropriate assignment of the child to a school in the | 157 |
district upon the child's discharge or release from the custody of | 158 |
the department. The superintendent shall release those records | 159 |
only as provided in section 3319.321 of the Revised Code and the | 160 |
Family Educational Rights and Privacy Act, 20 U.S.C. 1232g, as | 161 |
amended. | 162 |
Within fourteen days after discharging or releasing the child | 163 |
from an institution under its control, the department shall | 164 |
provide to the superintendent amended versions of the records | 165 |
described in divisions (D)(4)(h) and (i) of this section, if | 166 |
necessary to completely reflect the child's education while in the | 167 |
custody of the department, or a written statement that it is not | 168 |
necessary to provide amended versions. | 169 |
(5) Within fourteen days after discharging or releasing a | 170 |
child from an
institution under its control, the department of | 171 |
youth services
shall
provide the court and the school with an | 172 |
updated copy of the
child's
school transcript and a summary of the | 173 |
institutional
record of the
child. The department also shall | 174 |
provide the court
with a copy of any portion
of the child's | 175 |
institutional record
that the court specifically requests, within | 176 |
five
working days of
the request. | 177 |
(E) At any hearing at which a child is adjudicated a | 178 |
delinquent
child or as soon as possible after the hearing, the | 179 |
court shall notify all
victims of the delinquent act who may be | 180 |
entitled to a
recovery under any of the following sections of the | 181 |
right of the
victims to recover, pursuant to section 3109.09 of | 182 |
the Revised
Code, compensatory damages from the child's parents; | 183 |
of the right of
the victims to recover,
pursuant to section | 184 |
3109.10 of the Revised Code,
compensatory
damages from the child's | 185 |
parents for willful and malicious
assaults committed by the child; | 186 |
and of the right of the victims
to recover an award of reparations | 187 |
pursuant to sections 2743.51 to
2743.72 of the Revised Code. | 188 |
(1) The purpose of the school, which
purpose shall be to | 194 |
serve students who are on suspension, who are having
truancy | 195 |
problems, who are experiencing academic failure, who have a | 196 |
history of
class disruption, or who are exhibiting other academic | 197 |
or behavioral problems
specified in the resolution, or who have | 198 |
been discharged or released from the custody of the department of | 199 |
youth services under section 5139.51 of the Revised Code; | 200 |
(3) A requirement that the school be operated in accordance | 203 |
with this
section. The board of education adopting the resolution | 204 |
under division
(A)
of this section shall be the governing board of | 205 |
the alternative school. The
board shall develop and implement a | 206 |
plan for the school in accordance with the
resolution establishing | 207 |
the school and in accordance with this section.
Each plan shall | 208 |
include, but not necessarily be limited to, all of the
following: | 209 |
(C) In accordance with the alternative school plan, the | 234 |
district
board of education may employ teachers and nonteaching | 235 |
employees necessary to
carry out its duties and fulfill its | 236 |
responsibilities
or may contract with a nonprofit or for profit | 237 |
entity to operate the alternative school, including the provision | 238 |
of personnel, supplies, equipment, or facilities. | 239 |
(E) If a district board
of education elects under this | 242 |
section, or is required by
section 3313.534 of the Revised
Code, | 243 |
to establish an
alternative school, the district board may join | 244 |
with the
board of education of one or more other districts to form | 245 |
a
joint alternative school by forming a cooperative education | 246 |
school district under section 3311.52 or 3311.521 of the
Revised | 247 |
Code, or a joint educational
program under section 3313.842 of the | 248 |
Revised
Code.
The authority to employ personnel or to contract | 249 |
with a nonprofit or for profit entity under division (C) of this | 250 |
section applies to any alternative school program established | 251 |
under this division. | 252 |
(1) The board shall publish notice of a request for proposals | 301 |
in a newspaper of general circulation in the district once each | 302 |
week for a period of at least two consecutive weeks prior to the | 303 |
date specified by the board for receiving proposals. Notices of | 304 |
requests for proposals shall contain a general description of the | 305 |
subject of the proposed contract and the location where the | 306 |
request for proposals may be obtained. The request for proposals | 307 |
shall include all of the following information: | 308 |
The board may hold discussions with any of the three selected | 353 |
respondents to clarify or revise the provisions of a proposal or | 354 |
the proposed contract to ensure complete understanding between the | 355 |
board and the respondent of the terms under which a contract will | 356 |
be entered. Respondents shall be accorded fair and equal
treatment | 357 |
with respect to any opportunity for discussion regarding | 358 |
clarifications or revisions. The board may terminate or | 359 |
discontinue any further discussion with a respondent upon written | 360 |
notice. | 361 |
(6) Any respondent may request in writing that the board not | 371 |
disclose confidential or proprietary information or trade secrets | 372 |
contained in the proposal submitted by the respondent to the | 373 |
board. Any such request shall be accompanied by an offer of | 374 |
indemnification from the respondent to the board. The board shall | 375 |
determine whether to agree to the request and shall inform the | 376 |
respondent in writing of its decision. If the board agrees to | 377 |
nondisclosure of specified information in a proposal, such | 378 |
information shall not become a public record under section 149.43 | 379 |
of the Revised Code. If the respondent withdraws its proposal at | 380 |
any time prior to the execution of a contract, the proposal shall | 381 |
not be a public record under section 149.43 of the Revised Code. | 382 |
Sec. 3313.672. (A)(1) At the time of his initial entry to
a | 387 |
public or nonpublic school, a pupil shall present to the person
in | 388 |
charge of admission any records given himthe pupil by the
public | 389 |
or nonpublic elementary or secondary school hethe pupil
most | 390 |
recently attended; a certified copy of an order or decree, or | 391 |
modification of such an order or decree allocating parental rights | 392 |
and
responsibilities for the care of a child and designating a | 393 |
residential parent and legal custodian of the child, as provided | 394 |
in division (B) of this section, if that type of order or decree | 395 |
has been issued; and a certification of birth issued pursuant to | 396 |
Chapter 3705. of the Revised Code, a comparable certificate or | 397 |
certification issued pursuant to the statutes of another state, | 398 |
territory, possession, or nation, or a document in lieu of a | 399 |
certificate or certification as described in divisions (A)(1)(a) | 400 |
to (e) of this section. Any of the following shall be accepted
in | 401 |
lieu of a certificate or certification of birth by the person
in | 402 |
charge of admission: | 403 |
(2) WithinIf a pupil requesting admission to a school of the | 414 |
school district in which the pupil is entitled to attend school | 415 |
under section 3313.64 or 3313.65 of the Revised Code has been | 416 |
discharged or released from the custody of the department of youth | 417 |
services under section 5139.51 of the Revised Code just prior to | 418 |
requesting admission to the school, no school official shall admit | 419 |
that pupil until the records described in divisions (D)(4)(a) to | 420 |
(i) of section 2152.18 of the Revised Code have been received by | 421 |
the superintendent of the school district. | 422 |
(3) Except as otherwise provided in division (A)(2) of this | 423 |
section, within twenty-four hours of the entry into the school
of | 424 |
a pupil described in division (A)(1) of this section, a school | 425 |
official shall request the pupil's official records from the | 426 |
public or nonpublic elementary or secondary school hethe pupil | 427 |
most recently attended. If the public or nonpublic school the | 428 |
pupil
claims to have most recently attended indicates that it has | 429 |
no
record of the pupil's attendance or the records are not | 430 |
received
within fourteen days of the date of request, or if the | 431 |
pupil does
not present a certification of birth described in | 432 |
division (A)(1)
of this section, a comparable certificate or | 433 |
certification from
another state, territory, possession, or | 434 |
nation, or another
document specified in divisions (A)(1)(a) to | 435 |
(d) of this section,
the principal or chief administrative officer | 436 |
of the school shall
notify the law enforcement agency having | 437 |
jurisdiction in the area
where the pupil resides of this fact and | 438 |
of the possibility that
the pupil may be a missing child, as | 439 |
defined in section 2901.30
of the Revised Code. | 440 |
(B) Whenever an order or decree allocating parental rights | 441 |
and responsibilities for the care of a child and designating a | 442 |
residential parent and legal custodian of the child, including a | 443 |
temporary order, is issued resulting from an action of divorce, | 444 |
alimony, annulment, or dissolution of marriage, and the order or | 445 |
decree pertains to a child who is a pupil in a public or
nonpublic | 446 |
school, the residential parent of the child shall
notify the | 447 |
school of those allocations and designations by
providing the | 448 |
person in charge of admission at the pupil's school
with a | 449 |
certified copy of the order or decree that made the
allocation and | 450 |
designation. Whenever there is a modification of
any order or | 451 |
decree allocating parental rights and
responsibilities for the | 452 |
care of a child and designating a
residential parent and legal | 453 |
custodian of the child that has been
submitted to a school, the | 454 |
residential parent shall provide the
person in charge of admission | 455 |
at the pupil's school with a
certified copy of the order or decree | 456 |
that makes the
modification. | 457 |
(C) If, at the time of a pupil's initial entry to a public
or | 458 |
nonpublic school, the pupil is under the care of a shelter for | 459 |
victims of domestic violence, as defined in section 3113.33 of
the | 460 |
Revised Code, the pupil or histhe pupil's parent shall
notify the | 461 |
school of that fact. Upon being so informed, the school shall | 462 |
inform the elementary or secondary school from which it requests | 463 |
the
pupil's records of that fact. | 464 |
Sec. 5139.05. (A) The juvenile court may commit any child
to | 465 |
the department of youth services as authorized in
Chapter
2152. of | 466 |
the Revised
Code, provided that any child so
committed
shall be at | 467 |
least ten years of age at the time
of the child's
delinquent act, | 468 |
and, if the child is ten
or eleven years of age,
the delinquent | 469 |
act is a
violation of section 2909.03 of the
Revised Code or would | 470 |
be aggravated murder, murder, or a
first or
second degree felony | 471 |
offense of violence if committed by an adult.
Any order to commit | 472 |
a
child to an
institution
under the control
and management of the | 473 |
department shall have the
effect of ordering
that the child be | 474 |
committed to the department
and assigned to an
institution as | 475 |
follows: | 476 |
(4) If the child is ten or
eleven years of age, to an | 491 |
institution, a residential care facility, a residential facility, | 492 |
or a
facility licensed by the department of job and family | 493 |
services that the
department of youth services considers best | 494 |
designated for the training and
rehabilitation of the child and | 495 |
protection of the public. The child shall be
housed separately | 496 |
from children who are twelve years of age or older until the child | 497 |
is
released or discharged
or until the child attains twelve years | 498 |
of age, whichever occurs
first. Upon the child's attainment of | 499 |
twelve years of
age, if the child has not been released or | 500 |
discharged, the
department is not required to house the child | 501 |
separately. | 502 |
(C) When a child is committed to the department of youth | 541 |
services, the department may assign the child to a hospital for | 542 |
mental, physical, and other examination, inquiry, or treatment
for | 543 |
the period of time that is necessary. The department may
remove | 544 |
any child in its custody to a hospital for observation,
and a | 545 |
complete report of every observation at the hospital
shall be made | 546 |
in writing and shall include a record of
observation, treatment, | 547 |
and medical history and a recommendation
for future treatment, | 548 |
custody, and maintenance. The department
shall thereupon order
the | 549 |
placement and treatment that it
determines to be most
conducive to | 550 |
the purposes of Chapters 2151.
and 5139. of the
Revised Code. The | 551 |
committing court and all
public authorities
shall make available | 552 |
to the department all
pertinent data in their
possession with | 553 |
respect to the case. | 554 |
(1) Except as otherwise provided by a law of this state or | 562 |
the
United
States, the department of youth services may release | 563 |
records that are
maintained by the department of youth services | 564 |
and that pertain to children in
its custody to the department of | 565 |
rehabilitation and correction regarding
persons who are under the | 566 |
jurisdiction of the department of rehabilitation and
correction | 567 |
and who have previously been committed to the department of youth | 568 |
services. The department of rehabilitation and correction may use | 569 |
those
records for the limited purpose of carrying out the duties | 570 |
of the department
of rehabilitation and correction. Records | 571 |
released by the department of youth
services to the department of | 572 |
rehabilitation and correction shall remain
confidential and shall | 573 |
not be considered public records as defined in section
149.43 of | 574 |
the Revised Code. | 575 |
(2) The department of youth services shall provide to the | 576 |
superintendent of the school district in which a child discharged | 577 |
or released from the custody of the department is entitled to | 578 |
attend school under section 3313.64 or 3313.65 of the Revised Code | 579 |
the records described in divisions (D)(4)(a) to (i) of section | 580 |
2152.18 of the Revised Code. Subject to the provisions of section | 581 |
3319.321 of the Revised Code and the Family Educational Rights and | 582 |
Privacy Act, 20 U.S.C. 1232g, as amended, the records released to | 583 |
the superintendent shall remain confidential and shall not be | 584 |
considered public records as defined in section 149.43 of the | 585 |
Revised Code. | 586 |
(E)(1) When a child is committed to the department of
youth | 587 |
services, the department, orally or in writing, shall
notify the | 588 |
parent, guardian, or custodian of a child that the
parent, | 589 |
guardian, or custodian may request at any time from the | 590 |
superintendent of the institution in which the child is located | 591 |
any of the information described in divisions (E)(1)(a), (b),
(c), | 592 |
and (d) of this section. The parent, guardian, or custodian
may | 593 |
provide the department with the name, address, and telephone | 594 |
number of the parent, guardian, or custodian, and, until the | 595 |
department is notified of a change of name, address, or telephone | 596 |
number, the department shall use the name, address, and telephone | 597 |
number provided by the parent, guardian, or custodian to provide | 598 |
notices or answer inquiries concerning the following information: | 599 |
(a) When the department of youth services makes a
permanent | 600 |
assignment of the child to a facility, the department,
orally or | 601 |
in writing and on or before the third business day
after the day | 602 |
the permanent assignment is made, shall notify the
parent, | 603 |
guardian, or custodian of the child of the name of the
facility to | 604 |
which the child has been permanently assigned. | 605 |
If a parent, guardian, or custodian of a child who is | 606 |
committed to the department of youth services requests, orally or | 607 |
in writing, the department to provide the parent, guardian, or | 608 |
custodian with the name of the
facility in which the child is | 609 |
currently located, the department,
orally or in writing and on or | 610 |
before the next business day after
the day on which the request is | 611 |
made, shall provide the name of
that facility to the parent, | 612 |
guardian, or custodian. | 613 |
(b) If a parent, guardian, or custodian of a child who is | 614 |
committed to the department of youth services, orally or in | 615 |
writing, asks the superintendent of the institution in which the | 616 |
child is located whether the child is being disciplined by the | 617 |
personnel of the institution, what disciplinary measure the | 618 |
personnel of the institution are using for the child, or why the | 619 |
child is being disciplined, the superintendent or the | 620 |
superintendent's designee,
on or before the next business day | 621 |
after the day on which the
request is made, shall provide the | 622 |
parent, guardian, or custodian
with written or oral responses to | 623 |
the questions. | 624 |
(c) If a parent, guardian, or custodian of a child who is | 625 |
committed to the department of youth services, orally or in | 626 |
writing, asks the superintendent of the institution in which the | 627 |
child is held whether the child is receiving any medication from | 628 |
personnel of the institution, what type of medication the child
is | 629 |
receiving, or what condition of the child the medication is | 630 |
intended to treat, the superintendent or the
superintendent's | 631 |
designee, on or
before the next business day after the day on | 632 |
which the request
is made, shall provide the parent, guardian, or | 633 |
custodian with
oral or written responses to the questions. | 634 |
(d) When a major incident occurs with respect to a child
who | 635 |
is committed to the department of youth services, the
department, | 636 |
as soon as reasonably possible after the major
incident occurs, | 637 |
shall notify the parent, guardian, or custodian
of the child that | 638 |
a major incident has occurred with respect to
the child and of all | 639 |
the details of that incident that the
department has ascertained. | 640 |
(F) The department of youth services, as a means of | 645 |
punishment while the child is in its custody, shall not prohibit
a | 646 |
child who is committed to the department from seeing that
child's | 647 |
parent, guardian, or custodian during standard visitation
periods | 648 |
allowed by the department of youth services unless the | 649 |
superintendent of the institution in which the child is held | 650 |
determines that permitting that child to visit with the
child's | 651 |
parent,
guardian, or custodian would create a safety risk to that | 652 |
child,
that child's parents, guardian, or custodian, the personnel | 653 |
of
the institution, or other children held in that institution. | 654 |
(1) "Permanent assignment" means the assignment or
transfer | 656 |
for an extended period of time of a child who is
committed to the | 657 |
department of youth services to a facility in
which the child will | 658 |
receive training or participate in
activities that are directed | 659 |
toward the child's successful
rehabilitation. "Permanent | 660 |
assignment" does not include the
transfer of a child to a facility | 661 |
for judicial release
hearings
pursuant to section 2152.22 of the | 662 |
Revised Code or for
any other
temporary assignment or transfer to | 663 |
a facility. | 664 |
(2) "Major incident" means the escape or attempted escape
of | 665 |
a child who has been committed to the department of youth
services | 666 |
from the facility to which the child is assigned; the
return to | 667 |
the custody of the department of a child who has
escaped or | 668 |
otherwise fled the custody and control of the
department without | 669 |
authorization; the allegation of any sexual
activity with a child | 670 |
committed to the department; physical
injury to a child committed | 671 |
to the department as a result of
alleged abuse by department | 672 |
staff; an accident resulting in
injury to a child committed to the | 673 |
department that requires
medical care or treatment outside the | 674 |
institution in which the
child is located; the discovery of a | 675 |
controlled substance upon
the person or in the property of a child | 676 |
committed to the
department; a suicide attempt by a child | 677 |
committed to the
department; a suicide attempt by a child | 678 |
committed to the
department that results in injury to the child | 679 |
requiring
emergency medical services outside the institution in | 680 |
which the
child is located; the death of a child committed to the | 681 |
department; an injury to a visitor at an institution under the | 682 |
control of the department that is caused by a child committed to | 683 |
the department; and the commission or suspected commission of an | 684 |
act by a child committed to the department that would be an | 685 |
offense if committed by an adult. | 686 |
Section 3. Section 2152.18 of the Revised Code is presented | 695 |
in
this act as a composite of the section as amended by both Sub. | 696 |
H.B. 247 and Sub. H.B. 393 of
the 124th General Assembly. The | 697 |
General Assembly, applying the
principle stated in division (B) of | 698 |
section 1.52 of the Revised
Code that amendments are to be | 699 |
harmonized if reasonably capable of
simultaneous operation, finds | 700 |
that the composite is the resulting
version of the section in | 701 |
effect prior to the effective date of
the section as presented in | 702 |
this act. | 703 |