(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 school psychologist to whom the records are released | 147 |
under division (D)(4) of this section shall review those records | 148 |
and make a recommendation to the superintendent of the school | 149 |
district as to
the appropriate assignment of the child to a school | 150 |
in the district. The superintendent shall consider that | 151 |
recommendation in exercising the superintendent's authority under | 152 |
section 3319.01 of the Revised Code to assign the child to a | 153 |
school of the district, which may include an alternative school | 154 |
established under section 3313.533 of the Revised Code. The | 155 |
district shall release those records only as provided in sections | 156 |
2317.02, 3319.321, 4732.19, and 5139.05 of the Revised Code and | 157 |
the Family Educational Rights and Privacy Act, 20 U.S.C. 1232g, as | 158 |
amended. | 159 |
(5) Within fourteen days after discharging or releasing a | 160 |
child from an
institution under its control, the department of | 161 |
youth services
shall
provide the court and the school with an | 162 |
updated copy of the
child's
school transcript and a summary of the | 163 |
institutional
record of the
child. The department also shall | 164 |
provide the court
with a copy of any portion
of the child's | 165 |
institutional record
that the court specifically requests, within | 166 |
five
working days of
the request. | 167 |
(E) At any hearing at which a child is adjudicated a | 168 |
delinquent
child or as soon as possible after the hearing, the | 169 |
court shall notify all
victims of the delinquent act who may be | 170 |
entitled to a
recovery under any of the following sections of the | 171 |
right of the
victims to recover, pursuant to section 3109.09 of | 172 |
the Revised
Code, compensatory damages from the child's parents; | 173 |
of the right of
the victims to recover,
pursuant to section | 174 |
3109.10 of the Revised Code,
compensatory
damages from the child's | 175 |
parents for willful and malicious
assaults committed by the child; | 176 |
and of the right of the victims
to recover an award of reparations | 177 |
pursuant to sections 2743.51 to
2743.72 of the Revised Code. | 178 |
(1) The purpose of the school, which
purpose shall be to | 184 |
serve students who are on suspension, who are having
truancy | 185 |
problems, who are experiencing academic failure, who have a | 186 |
history of
class disruption, or who are exhibiting other academic | 187 |
or behavioral problems
specified in the resolution, or who have | 188 |
been discharged or released from the custody of the department of | 189 |
youth services under section 5139.51 of the Revised Code; | 190 |
(3) A requirement that the school be operated in accordance | 193 |
with this
section. The board of education adopting the resolution | 194 |
under division
(A)
of this section shall be the governing board of | 195 |
the alternative school. The
board shall develop and implement a | 196 |
plan for the school in accordance with the
resolution establishing | 197 |
the school and in accordance with this section.
Each plan shall | 198 |
include, but not necessarily be limited to, all of the
following: | 199 |
(C) In accordance with the alternative school plan, the | 224 |
district
board of education may employ teachers and nonteaching | 225 |
employees necessary to
carry out its duties and fulfill its | 226 |
responsibilities
or may contract with a nonprofit or for profit | 227 |
entity to operate the alternative school, including the provision | 228 |
of personnel, supplies, equipment, or facilities. | 229 |
(E) If a district board
of education elects under this | 232 |
section, or is required by
section 3313.534 of the Revised
Code, | 233 |
to establish an
alternative school, the district board may join | 234 |
with the
board of education of one or more other districts to form | 235 |
a
joint alternative school by forming a cooperative education | 236 |
school district under section 3311.52 or 3311.521 of the
Revised | 237 |
Code, or a joint educational
program under section 3313.842 of the | 238 |
Revised
Code.
The authority to employ personnel or to contract | 239 |
with a nonprofit or for profit entity under division (C) of this | 240 |
section applies to any alternative school program established | 241 |
under this division. | 242 |
(1) The board shall publish notice of a request for proposals | 291 |
in a newspaper of general circulation in the district once each | 292 |
week for a period of at least two consecutive weeks prior to the | 293 |
date specified by the board for receiving proposals. Notices of | 294 |
requests for proposals shall contain a general description of the | 295 |
subject of the proposed contract and the location where the | 296 |
request for proposals may be obtained. The request for proposals | 297 |
shall include all of the following information: | 298 |
The board may hold discussions with any of the three selected | 343 |
respondents to clarify or revise the provisions of a proposal or | 344 |
the proposed contract to ensure complete understanding between the | 345 |
board and the respondent of the terms under which a contract will | 346 |
be entered. Respondents shall be accorded fair and equal
treatment | 347 |
with respect to any opportunity for discussion regarding | 348 |
clarifications or revisions. The board may terminate or | 349 |
discontinue any further discussion with a respondent upon written | 350 |
notice. | 351 |
(6) Any respondent may request in writing that the board not | 361 |
disclose confidential or proprietary information or trade secrets | 362 |
contained in the proposal submitted by the respondent to the | 363 |
board. Any such request shall be accompanied by an offer of | 364 |
indemnification from the respondent to the board. The board shall | 365 |
determine whether to agree to the request and shall inform the | 366 |
respondent in writing of its decision. If the board agrees to | 367 |
nondisclosure of specified information in a proposal, such | 368 |
information shall not become a public record under section 149.43 | 369 |
of the Revised Code. If the respondent withdraws its proposal at | 370 |
any time prior to the execution of a contract, the proposal shall | 371 |
not be a public record under section 149.43 of the Revised Code. | 372 |
Sec. 3313.672. (A)(1) At the time of his initial entry to
a | 377 |
public or nonpublic school, a pupil shall present to the person
in | 378 |
charge of admission any records given himthe pupil by the
public | 379 |
or nonpublic elementary or secondary school hethe pupil
most | 380 |
recently attended; a certified copy of an order or decree, or | 381 |
modification of such an order or decree allocating parental rights | 382 |
and
responsibilities for the care of a child and designating a | 383 |
residential parent and legal custodian of the child, as provided | 384 |
in division (B) of this section, if that type of order or decree | 385 |
has been issued; and a certification of birth issued pursuant to | 386 |
Chapter 3705. of the Revised Code, a comparable certificate or | 387 |
certification issued pursuant to the statutes of another state, | 388 |
territory, possession, or nation, or a document in lieu of a | 389 |
certificate or certification as described in divisions (A)(1)(a) | 390 |
to (e) of this section. Any of the following shall be accepted
in | 391 |
lieu of a certificate or certification of birth by the person
in | 392 |
charge of admission: | 393 |
(2) Within(2)(a) If a pupil requesting admission to a school | 404 |
of the school district in which the pupil is entitled to attend | 405 |
school under section 3313.64 or 3313.65 of the Revised Code has | 406 |
been discharged or released from the custody of the department of | 407 |
youth services under section 5139.51 of the Revised Code just | 408 |
prior to requesting admission to the school, the superintendent of | 409 |
the district shall make a written request to the department of | 410 |
youth services to provide the records described in divisions | 411 |
(D)(4)(a) and (b) of section 2152.18 of the Revised Code to a | 412 |
school psychologist identified in accordance with division | 413 |
(A)(2)(b) of this section. | 414 |
(3) Except as otherwise provided in division (A)(2) of this | 444 |
section, within twenty-four hours of the entry into the school
of | 445 |
a pupil described in division (A)(1) of this section, a school | 446 |
official shall request the pupil's official records from the | 447 |
public or nonpublic elementary or secondary school hethe pupil | 448 |
most recently attended. If the public or nonpublic school the | 449 |
pupil
claims to have most recently attended indicates that it has | 450 |
no
record of the pupil's attendance or the records are not | 451 |
received
within fourteen days of the date of request, or if the | 452 |
pupil does
not present a certification of birth described in | 453 |
division (A)(1)
of this section, a comparable certificate or | 454 |
certification from
another state, territory, possession, or | 455 |
nation, or another
document specified in divisions (A)(1)(a) to | 456 |
(d) of this section,
the principal or chief administrative officer | 457 |
of the school shall
notify the law enforcement agency having | 458 |
jurisdiction in the area
where the pupil resides of this fact and | 459 |
of the possibility that
the pupil may be a missing child, as | 460 |
defined in section 2901.30
of the Revised Code. | 461 |
(B) Whenever an order or decree allocating parental rights | 462 |
and responsibilities for the care of a child and designating a | 463 |
residential parent and legal custodian of the child, including a | 464 |
temporary order, is issued resulting from an action of divorce, | 465 |
alimony, annulment, or dissolution of marriage, and the order or | 466 |
decree pertains to a child who is a pupil in a public or
nonpublic | 467 |
school, the residential parent of the child shall
notify the | 468 |
school of those allocations and designations by
providing the | 469 |
person in charge of admission at the pupil's school
with a | 470 |
certified copy of the order or decree that made the
allocation and | 471 |
designation. Whenever there is a modification of
any order or | 472 |
decree allocating parental rights and
responsibilities for the | 473 |
care of a child and designating a
residential parent and legal | 474 |
custodian of the child that has been
submitted to a school, the | 475 |
residential parent shall provide the
person in charge of admission | 476 |
at the pupil's school with a
certified copy of the order or decree | 477 |
that makes the
modification. | 478 |
(C) If, at the time of a pupil's initial entry to a public
or | 479 |
nonpublic school, the pupil is under the care of a shelter for | 480 |
victims of domestic violence, as defined in section 3113.33 of
the | 481 |
Revised Code, the pupil or histhe pupil's parent shall
notify the | 482 |
school of that fact. Upon being so informed, the school shall | 483 |
inform the elementary or secondary school from which it requests | 484 |
the
pupil's records of that fact. | 485 |
Sec. 5139.05. (A) The juvenile court may commit any child
to | 486 |
the department of youth services as authorized in
Chapter
2152. of | 487 |
the Revised
Code, provided that any child so
committed
shall be at | 488 |
least ten years of age at the time
of the child's
delinquent act, | 489 |
and, if the child is ten
or eleven years of age,
the delinquent | 490 |
act is a
violation of section 2909.03 of the
Revised Code or would | 491 |
be aggravated murder, murder, or a
first or
second degree felony | 492 |
offense of violence if committed by an adult.
Any order to commit | 493 |
a
child to an
institution
under the control
and management of the | 494 |
department shall have the
effect of ordering
that the child be | 495 |
committed to the department
and assigned to an
institution as | 496 |
follows: | 497 |
(4) If the child is ten or
eleven years of age, to an | 512 |
institution, a residential care facility, a residential facility, | 513 |
or a
facility licensed by the department of job and family | 514 |
services that the
department of youth services considers best | 515 |
designated for the training and
rehabilitation of the child and | 516 |
protection of the public. The child shall be
housed separately | 517 |
from children who are twelve years of age or older until the child | 518 |
is
released or discharged
or until the child attains twelve years | 519 |
of age, whichever occurs
first. Upon the child's attainment of | 520 |
twelve years of
age, if the child has not been released or | 521 |
discharged, the
department is not required to house the child | 522 |
separately. | 523 |
(C) When a child is committed to the department of youth | 562 |
services, the department may assign the child to a hospital for | 563 |
mental, physical, and other examination, inquiry, or treatment
for | 564 |
the period of time that is necessary. The department may
remove | 565 |
any child in its custody to a hospital for observation,
and a | 566 |
complete report of every observation at the hospital
shall be made | 567 |
in writing and shall include a record of
observation, treatment, | 568 |
and medical history and a recommendation
for future treatment, | 569 |
custody, and maintenance. The department
shall thereupon order
the | 570 |
placement and treatment that it
determines to be most
conducive to | 571 |
the purposes of Chapters 2151.
and 5139. of the
Revised Code. The | 572 |
committing court and all
public authorities
shall make available | 573 |
to the department all
pertinent data in their
possession with | 574 |
respect to the case. | 575 |
(1) Except as otherwise provided by a law of this state or | 583 |
the
United
States, the department of youth services may release | 584 |
records that are
maintained by the department of youth services | 585 |
and that pertain to children in
its custody to the department of | 586 |
rehabilitation and correction regarding
persons who are under the | 587 |
jurisdiction of the department of rehabilitation and
correction | 588 |
and who have previously been committed to the department of youth | 589 |
services. The department of rehabilitation and correction may use | 590 |
those
records for the limited purpose of carrying out the duties | 591 |
of the department
of rehabilitation and correction. Records | 592 |
released by the department of youth
services to the department of | 593 |
rehabilitation and correction shall remain
confidential and shall | 594 |
not be considered public records as defined in section
149.43 of | 595 |
the Revised Code. | 596 |
(2) The department of youth services shall provide the | 597 |
records described in divisions (D)(4)(a) and (b) of section | 598 |
2152.18 of the Revised Code to the school psychologist named by | 599 |
the school district in which a child discharged or released from | 600 |
the custody of the department is entitled to attend school under | 601 |
section 3313.64 or 3313.65 of the Revised Code. Subject to the | 602 |
provisions of this section and sections 2317.02, 3319.321, and | 603 |
4732.19 of the Revised Code and the Family Educational Rights and | 604 |
Privacy Act, 20 U.S.C. 1232g, as amended, the records released | 605 |
shall remain confidential and shall not be considered public | 606 |
records as defined in section 149.43 of the Revised Code. | 607 |
(E)(1) When a child is committed to the department of
youth | 608 |
services, the department, orally or in writing, shall
notify the | 609 |
parent, guardian, or custodian of a child that the
parent, | 610 |
guardian, or custodian may request at any time from the | 611 |
superintendent of the institution in which the child is located | 612 |
any of the information described in divisions (E)(1)(a), (b),
(c), | 613 |
and (d) of this section. The parent, guardian, or custodian
may | 614 |
provide the department with the name, address, and telephone | 615 |
number of the parent, guardian, or custodian, and, until the | 616 |
department is notified of a change of name, address, or telephone | 617 |
number, the department shall use the name, address, and telephone | 618 |
number provided by the parent, guardian, or custodian to provide | 619 |
notices or answer inquiries concerning the following information: | 620 |
(a) When the department of youth services makes a
permanent | 621 |
assignment of the child to a facility, the department,
orally or | 622 |
in writing and on or before the third business day
after the day | 623 |
the permanent assignment is made, shall notify the
parent, | 624 |
guardian, or custodian of the child of the name of the
facility to | 625 |
which the child has been permanently assigned. | 626 |
If a parent, guardian, or custodian of a child who is | 627 |
committed to the department of youth services requests, orally or | 628 |
in writing, the department to provide the parent, guardian, or | 629 |
custodian with the name of the
facility in which the child is | 630 |
currently located, the department,
orally or in writing and on or | 631 |
before the next business day after
the day on which the request is | 632 |
made, shall provide the name of
that facility to the parent, | 633 |
guardian, or custodian. | 634 |
(b) If a parent, guardian, or custodian of a child who is | 635 |
committed to the department of youth services, orally or in | 636 |
writing, asks the superintendent of the institution in which the | 637 |
child is located whether the child is being disciplined by the | 638 |
personnel of the institution, what disciplinary measure the | 639 |
personnel of the institution are using for the child, or why the | 640 |
child is being disciplined, the superintendent or the | 641 |
superintendent's designee,
on or before the next business day | 642 |
after the day on which the
request is made, shall provide the | 643 |
parent, guardian, or custodian
with written or oral responses to | 644 |
the questions. | 645 |
(c) If a parent, guardian, or custodian of a child who is | 646 |
committed to the department of youth services, orally or in | 647 |
writing, asks the superintendent of the institution in which the | 648 |
child is held whether the child is receiving any medication from | 649 |
personnel of the institution, what type of medication the child
is | 650 |
receiving, or what condition of the child the medication is | 651 |
intended to treat, the superintendent or the
superintendent's | 652 |
designee, on or
before the next business day after the day on | 653 |
which the request
is made, shall provide the parent, guardian, or | 654 |
custodian with
oral or written responses to the questions. | 655 |
(d) When a major incident occurs with respect to a child
who | 656 |
is committed to the department of youth services, the
department, | 657 |
as soon as reasonably possible after the major
incident occurs, | 658 |
shall notify the parent, guardian, or custodian
of the child that | 659 |
a major incident has occurred with respect to
the child and of all | 660 |
the details of that incident that the
department has ascertained. | 661 |
(F) The department of youth services, as a means of | 666 |
punishment while the child is in its custody, shall not prohibit
a | 667 |
child who is committed to the department from seeing that
child's | 668 |
parent, guardian, or custodian during standard visitation
periods | 669 |
allowed by the department of youth services unless the | 670 |
superintendent of the institution in which the child is held | 671 |
determines that permitting that child to visit with the
child's | 672 |
parent,
guardian, or custodian would create a safety risk to that | 673 |
child,
that child's parents, guardian, or custodian, the personnel | 674 |
of
the institution, or other children held in that institution. | 675 |
(1) "Permanent assignment" means the assignment or
transfer | 677 |
for an extended period of time of a child who is
committed to the | 678 |
department of youth services to a facility in
which the child will | 679 |
receive training or participate in
activities that are directed | 680 |
toward the child's successful
rehabilitation. "Permanent | 681 |
assignment" does not include the
transfer of a child to a facility | 682 |
for judicial release
hearings
pursuant to section 2152.22 of the | 683 |
Revised Code or for
any other
temporary assignment or transfer to | 684 |
a facility. | 685 |
(2) "Major incident" means the escape or attempted escape
of | 686 |
a child who has been committed to the department of youth
services | 687 |
from the facility to which the child is assigned; the
return to | 688 |
the custody of the department of a child who has
escaped or | 689 |
otherwise fled the custody and control of the
department without | 690 |
authorization; the allegation of any sexual
activity with a child | 691 |
committed to the department; physical
injury to a child committed | 692 |
to the department as a result of
alleged abuse by department | 693 |
staff; an accident resulting in
injury to a child committed to the | 694 |
department that requires
medical care or treatment outside the | 695 |
institution in which the
child is located; the discovery of a | 696 |
controlled substance upon
the person or in the property of a child | 697 |
committed to the
department; a suicide attempt by a child | 698 |
committed to the
department; a suicide attempt by a child | 699 |
committed to the
department that results in injury to the child | 700 |
requiring
emergency medical services outside the institution in | 701 |
which the
child is located; the death of a child committed to the | 702 |
department; an injury to a visitor at an institution under the | 703 |
control of the department that is caused by a child committed to | 704 |
the department; and the commission or suspected commission of an | 705 |
act by a child committed to the department that would be an | 706 |
offense if committed by an adult. | 707 |
Section 3. Section 2152.18 of the Revised Code is presented | 716 |
in
this act as a composite of the section as amended by both Sub. | 717 |
H.B. 247 and Sub. H.B. 393 of
the 124th General Assembly. The | 718 |
General Assembly, applying the
principle stated in division (B) of | 719 |
section 1.52 of the Revised
Code that amendments are to be | 720 |
harmonized if reasonably capable of
simultaneous operation, finds | 721 |
that the composite is the resulting
version of the section in | 722 |
effect prior to the effective date of
the section as presented in | 723 |
this act. | 724 |