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As Passed by the Senate
123rd General Assembly
Regular Session
1999-2000 | Sub. S. B. No. 181 |
SENATORS SPADA-FINAN-JOHNSON-MUMPER-LATTA-CARNES-GARDNER-
OELSLAGER-WATTS-DRAKE-CUPP-KEARNS
A BILL
To amend sections 2151.011, 2151.02, 2151.022, 2151.18, 2151.23,
2151.27, 2151.28, 2151.313, 2151.315, 2151.35,
2151.354, 2151.355, 2151.356, 2151.358, 2151.359, 2151.3512,
2151.47, 2901.07, 3321.14, 3321.18, 3321.19,
3321.20, 3321.22, 3321.38, 3730.99, and 4109.13,
to enact
section 3321.191 of
the Revised Code to require the parent, guardian, or legal
custodian of a child to attend all juvenile proceedings regarding
the child;
to expand the list of offenses and
delinquent acts for which criminal offenders and delinquent children must
submit DNA specimens;
to define "habitual truant" and "chronic truant"
and designate a chronic truant as a delinquent child; to require a school
district board of education or educational service center
governing board to
adopt intervention strategies addressing pupils' habitual truancy;
to grant a juvenile court exclusive original
jurisdiction over the failure of a responsible adult to cause a truant
child's attendance at school, other Compulsory School Age Law
violations, and parental education neglect; to provide that unruly
child complaints of habitual truancy and delinquent child complaints of
chronic truancy be filed jointly
against the child and the person having care of the child; to
authorize a juvenile court to impose specified orders against an
habitually truant unruly child and the person having care of that child;
to authorize a juvenile court to impose delinquent child dispositional orders
against a chronically truant delinquent child and specified orders against the
person having care of that child; to make
other changes in Compulsory School Age Law;
to require the notification of school officials if a child who is
14 years of age or older is adjudicated a delinquent child for any of a list
of
specified acts; to prohibit sealing records of children found to
be delinquent children for any of a list of specified acts; to
provide specified law enforcement officials with access to sealed
delinquent child records for specified purposes; and to provide
victims of delinquent acts with specified access to certain
records related to the perpetrator of the delinquent act.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 2151.011, 2151.02, 2151.022, 2151.18, 2151.23,
2151.27, 2151.28, 2151.313, 2151.315,
2151.35, 2151.354, 2151.355, 2151.356, 2151.358, 2151.359,
2151.3512, 2151.47, 2901.07, 3321.14, 3321.18,
3321.19, 3321.20, 3321.22, 3321.38, 3730.99, and 4109.13 be amended
and section 3321.191 of the Revised Code be
enacted to
read as follows:
Sec. 2151.011. (A) As used in the Revised Code:
(1) "Juvenile court" means the
division of the court of
common pleas or a juvenile court separately and independently
created having jurisdiction under this chapter.
(2) "Juvenile judge" means a
judge of a court having
jurisdiction under this chapter.
(3) "Private child placing agency" means any association,
as defined in section 5103.02 of the Revised Code, that is
certified pursuant to sections 5103.03 to 5103.05 of the Revised Code
to accept temporary, permanent, or legal custody of children
and place the children for either foster care or adoption.
(4) "Private noncustodial agency" means any person,
organization, association, or society certified by the department
of human services that does not accept temporary or permanent
legal custody of children, that is privately operated in this
state, and that does one or more of the following:
(a) Receives and cares for children for two or more
consecutive weeks;
(b) Participates in the placement of children in family
foster homes;
(c) Provides adoption services in conjunction with a
public children services agency or private child placing agency.
(B) As used in this chapter:
(1) "Adequate parental care" means the provision by a
child's parent or parents, guardian, or custodian of adequate
food, clothing, and shelter to ensure the child's health and
physical safety and the provision by a child's parent or parents
of specialized services warranted by the child's physical or
mental needs.
(2) "Adult" means an individual who is eighteen years of age or
older.
(3) "Agreement for temporary custody" means a voluntary
agreement authorized by section 5103.15 of the Revised Code
that transfers the temporary custody of a child to a
public children services agency or a private child placing
agency.
(4) "Babysitting care" means care provided for a child
while the parents, guardian, or legal custodian of the child are
temporarily away.
(5) "Certified family foster home" means a family foster home
operated by persons holding a certificate in force, issued under
section 5103.03 of the Revised Code.
(6)(a) "Child" means a person who is under
eighteen years of age, except as otherwise provided in
divisions (B)(6)(b) to (f) of this
section.
(b) Subject to division (B)(6)(c) of
this section, any person who violates a federal or state law or
municipal ordinance prior to attaining eighteen years of age shall be deemed a
"child" irrespective of that person's age at the time the complaint is filed
or the hearing on the complaint is held.
(c) Any person who, while under
eighteen years of age, commits an act that would be a felony if committed by
an adult and who is not taken into custody or apprehended for that act until
after the person attains twenty-one years of age is not a child in relation to
that act.
(d) Any person whose case is transferred for criminal prosecution
pursuant to division (B) or (C) of section 2151.26 of the
Revised Code shall after the transfer be deemed not to be a
child in the transferred case.
(e) Subject to division (B)(6)(f) of
this section, any person whose case is transferred for
criminal prosecution pursuant to division (B) or (C) of section 2151.26 of
the Revised
Code and who subsequently is convicted of or pleads guilty to a
felony in that case shall after the
transfer be deemed not to be a child in any
case in which the person is
alleged to have committed prior to
or subsequent
to the transfer an act that would be an offense if committed by an adult.
Division (B)(6)(e)
of this section applies to a case regardless of
whether the
prior or subsequent act that is alleged in the case and that would be
an offense if committed by an adult allegedly was committed in the same county
in which
the case was transferred or in another county and regardless of whether the
complaint in the case involved was filed in the same county in which the
case was transferred or in another county. Division
(B)(6)(e) of this section applies to a
case that involves an act committed prior to the transfer only when the
prior act alleged in the case has not been disposed of by a juvenile court or
trial court.
(f) Notwithstanding division (B)(6)(e)
of this section, if a person's case is transferred for criminal prosecution
pursuant to division (B) or (C) of section 2151.26 of the
Revised Code and if the person subsequently is convicted of
or pleads guilty to a felony in that case, thereafter, the person shall be
considered a child solely for the following purposes in relation to any act
the person subsequently commits that would be an offense if committed by an
adult:
(i) For purposes of the filing of a complaint alleging that the
child is a delinquent child for committing the act that would be an offense if
committed by an adult;
(ii) For purposes of the juvenile court conducting a hearing
under division (B) of section 2151.26 of the Revised
Code relative to the complaint described in division
(B)(6)(f)(i) of this section to determine
whether division (B)(1) of section
2151.26 of the Revised Code applies and requires that the
case be transferred for criminal prosecution to the
appropriate court having jurisdiction of the offense.
(7) "Child day camp," "child day-care," "child day-care
center,"
"part-time
child day-care center," "type A family day-care home," "certified
type B family day-care home," "type B home," "administrator
of a
child day-care center," "administrator of a type A family
day-care home," "in-home aide," and "authorized provider" have
the same meanings as in section 5104.01 of the Revised Code.
(8) "Child day-care provider" means an individual who is
a child-care staff member or administrator of a child day-care
center, a type A family day-care home, or a type B family
day-care home, or an in-home aide or an individual who is
licensed, is regulated, is approved, operates under the direction
of, or otherwise is certified by the department of human
services, department of mental retardation and developmental
disabilities, or the early childhood programs of the department
of education.
(9)
"CHRONIC TRUANT" MEANS ANY CHILD OF COMPULSORY SCHOOL AGE WHO
IS ABSENT WITHOUT LEGITIMATE EXCUSE FOR ABSENCE FROM THE PUBLIC SCHOOL THE
CHILD IS SUPPOSED TO ATTEND FOR SEVEN OR MORE
CONSECUTIVE SCHOOL DAYS, TEN OR MORE SCHOOL DAYS IN ONE SCHOOL
MONTH, OR FIFTEEN OR MORE SCHOOL DAYS IN A SCHOOL YEAR.
(10) "Commit" means to vest custody as ordered by the
court.
(10)(11) "Counseling" includes both of the following:
(a) General counseling services performed
by a public children services agency or shelter
for victims of domestic violence to assist a child, a child's
parents, and a child's siblings in alleviating identified problems
that may
cause or have caused the child to be an abused, neglected, or
dependent child.
(b) Psychiatric or
psychological therapeutic counseling services
provided to correct or alleviate any mental or
emotional illness or disorder and performed by a licensed psychiatrist,
licensed psychologist, or a person licensed
under Chapter 4757. of the Revised Code
to engage in social work or professional counseling.
(11)(12) "Custodian" means a person who has legal custody of
a
child or a public children services agency or private child
placing agency that has permanent, temporary, or legal custody of
a child.
(12)(13) "Detention" means the temporary care of children
pending court adjudication or disposition, or execution of a court order, in a
public or private facility designed to physically restrict the movement and
activities of children.
(13)(14) "Developmental disability" has the same meaning as
in
section 5123.01 of the Revised Code.
(14)(15) "Family foster home" means a private residence in
which children are received apart from their parents, guardian,
or legal custodian by an individual for hire, gain, or reward for
nonsecure care, supervision, or training twenty-four hours a day.
"Family foster home" does not include babysitting care provided
for a child in the home of a person other than the home of the
parents, guardian, or legal custodian of the child.
(15)(16) "Foster home" means a family home in which any child
is received apart from the child's parents for care, supervision,
or
training.
(16)(17) "Guardian" means a person, association, or
corporation that is granted authority by a probate court pursuant
to Chapter 2111. of the Revised Code to exercise parental rights
over a child to the extent provided in the court's order and
subject to the residual parental rights of the child's parents.
(17)(18) "HABITUAL TRUANT" MEANS ANY CHILD OF COMPULSORY
SCHOOL AGE
WHO IS ABSENT WITHOUT LEGITIMATE EXCUSE FOR ABSENCE FROM THE PUBLIC SCHOOL THE
CHILD
IS SUPPOSED TO ATTEND FOR FIVE OR MORE CONSECUTIVE SCHOOL DAYS,
SEVEN OR MORE SCHOOL DAYS IN ONE SCHOOL MONTH, OR TWELVE OR MORE
SCHOOL DAYS IN A SCHOOL YEAR.
(19) "Legal custody" means a legal status that vests in
the custodian the right to have physical care and control of the
child and to determine where and with whom the child shall live, and
the
right and duty to protect, train, and discipline the child and to
provide the child with food, shelter, education, and medical care,
all
subject to any residual parental rights, privileges, and
responsibilities. An individual granted legal custody shall
exercise the rights and responsibilities personally unless
otherwise authorized by any section of the Revised Code or by the
court.
(18)(20) A "LEGITIMATE EXCUSE FOR ABSENCE FROM THE PUBLIC
SCHOOL THE
CHILD IS SUPPOSED TO ATTEND" INCLUDES, BUT IS NOT LIMITED TO, ANY OF THE
FOLLOWING:
(a) THE FACT THAT THE CHILD IN QUESTION HAS ENROLLED IN
AND IS
ATTENDING ANOTHER PUBLIC OR NONPUBLIC SCHOOL IN THIS OR ANOTHER
STATE;
(b) THE FACT THAT THE CHILD IN QUESTION IS EXCUSED FROM
ATTENDANCE AT SCHOOL FOR ANY OF THE REASONS SPECIFIED IN SECTION 3321.04
OF THE REVISED CODE;
(c) THE FACT THAT THE CHILD IN QUESTION HAS RECEIVED AN AGE AND
SCHOOLING CERTIFICATE IN ACCORDANCE WITH SECTION 3331.01 OF THE
REVISED CODE.
(21) "Mental illness" and "mentally ill person subject
to
hospitalization by court order" have the same meanings as in
section 5122.01 of the Revised Code.
(19)(22) "Mental injury" means any behavioral, cognitive,
emotional, or mental disorder in a child caused by an act or omission that
is described in section 2919.22 of the Revised Code and is
committed by the parent or other person
responsible for the child's care.
(20)(23) "Mentally retarded person" has the same meaning as
in
section 5123.01 of the Revised Code.
(21)(24) "Nonsecure care, supervision, or training" means
care, supervision, or training of a child in a facility that does
not confine or prevent movement of the child within the facility
or from the facility.
(22)(25) "OF COMPULSORY SCHOOL AGE" HAS THE SAME MEANING
AS IN SECTION 3321.01 of the Revised Code.
(26) "Organization" means any institution, public,
semipublic, or private, and any private association, society, or
agency located or operating in the state, incorporated or
unincorporated, having among its functions the furnishing of
protective services or care for children, or the placement of
children in foster homes or elsewhere.
(23)(27) "Out-of-home care" means detention facilities,
shelter facilities, foster homes, certified foster homes,
placement in a prospective adoptive home prior to the issuance of
a final decree of adoption, organizations, certified
organizations, child day-care centers, type A family day-care
homes, child day-care provided by type B family day-care home
providers and by in-home aides, group home providers, group
homes, institutions, state institutions, residential facilities,
residential care facilities, residential camps, day camps,
hospitals, and medical clinics that are responsible for the care,
physical custody, or control of children.
(24)(28) "Out-of-home care child abuse" means any of the
following when committed by a person responsible for the care of
a child in out-of-home care:
(a) Engaging in sexual activity with a child in the person's
care;
(b) Denial to a child, as a means of punishment, of proper
or necessary subsistence, education, medical care, or other care
necessary for a child's health;
(c) Use of restraint procedures on a child that cause
injury or pain;
(d) Administration of prescription drugs or psychotropic
medication to the child without the written approval and ongoing
supervision of a licensed physician;
(e) Commission of any act, other than by accidental means,
that results in any injury to or death of the child in out-of-home
care or commission of any act by accidental means that results in
an injury to or death of a child in out-of-home care and that is
at variance with the history given of the injury or death.
(25)(29) "Out-of-home care child neglect" means any of the
following when committed by a person responsible for the care of
a child in out-of-home care:
(a) Failure to provide reasonable supervision according to
the standards of care appropriate to the age, mental and physical
condition, or other special needs of the child;
(b) Failure to provide reasonable supervision according to
the standards of care appropriate to the age, mental and physical
condition, or other special needs of the child, that results in sexual or
physical abuse of the child by any person;
(c) Failure to develop a process for all of the following:
(i) Administration of prescription drugs or psychotropic
drugs for the child;
(ii) Assuring that the instructions of the licensed
physician who prescribed a drug for the child are followed;
(iii) Reporting to the licensed physician who prescribed
the drug all unfavorable or dangerous side effects from the use
of the drug.
(d) Failure to provide proper or necessary subsistence,
education, medical care, or other individualized care necessary
for the health or well-being of the child;
(e) Confinement of the child to a locked room without
monitoring by staff;
(f) Failure to provide ongoing security for all
prescription and nonprescription medication;
(g) Isolation of a child for a period of time when there
is substantial risk that the isolation, if continued, will impair
or retard the mental health or physical well-being of the child.
(26)(30) "Permanent custody" means a legal status that vests
in a public children services agency or a private child placing
agency, all parental rights, duties, and obligations, including
the right to consent to adoption, and divests the natural parents
or adoptive parents of all parental rights, privileges,
and obligations, including all residual rights and obligations.
(27)(31) "Planned permanent living arrangement"
means an order of a
juvenile court pursuant to which both of the following apply:
(a) The court gives legal custody of a child to a public children
services agency or a private child placing agency without the termination of
parental rights.
(b) The order permits the agency to make an appropriate placement
of
the child and to enter into a written
agreement with a foster care provider or with another person or agency with
whom the child is placed.
(28)(32) "Permanent surrender" means the act of the parents
or, if a child has only one parent, of the parent of a child, by
a voluntary agreement authorized by section 5103.15
of the Revised Code, to transfer the permanent custody of the child to a
public children services agency or a private child placing
agency.
(29)(33) "Person responsible for a child's care in
out-of-home
care" means any of the following:
(a) Any foster parent, in-home aide, or provider;
(b) Any administrator, employee, or agent of any of the
following: a public or private detention facility; shelter
facility; organization; certified organization; child day-care
center; type A family day-care home; certified type B family
day-care home; group home; institution; state institution;
residential facility; residential care facility; residential
camp; day camp; hospital; or medical clinic;
(c) Any other person who performs a similar function with
respect to, or has a similar relationship to, children.
(30)(34) "Physically impaired" means having one or more of
the following conditions that substantially limit one or more of
an individual's major life activities, including self-care,
receptive and expressive language, learning, mobility, and self-direction:
(a) A substantial impairment of vision, speech, or hearing;
(b) A congenital orthopedic impairment;
(c) An orthopedic impairment caused by disease,
rheumatic fever or any other similar chronic or acute health
problem, or amputation or another similar cause.
(31)(35) "Placement for adoption" means the arrangement by a
public children services agency or a private child placing agency
with a person for the care and adoption by that person of a child
of whom the agency has permanent custody.
(32)(36) "Placement in foster care" means the
arrangement by a public children services agency or a private child placing
agency for the out-of-home care of a child of whom the agency has
temporary custody or permanent custody.
(33)(37) "Practice of social work" and "practice of
professional
counseling" have the same meanings as in section 4757.01
of the Revised Code.
(34)(38) "Probation" means a legal status created by court
order following an adjudication that a child is a delinquent child, a
juvenile traffic offender, or an unruly child, whereby the child is
permitted to remain in the parent's, guardian's, or custodian's
home subject to supervision, or under the supervision of any
agency designated by the court and returned to the court for
violation of probation at any time during the period of
probation.
(35)(39) "Protective supervision" means an order of
disposition pursuant to which the court permits an abused,
neglected, dependent, unruly, or delinquent child or a juvenile
traffic offender to remain in the custody of the child's parents,
guardian, or custodian and stay in the child's home, subject to any
conditions and limitations upon the child, the
child's parents,
guardian,
or custodian, or any other person that the court prescribes,
including supervision as directed by the court for the protection
of the child.
(36)(40) "Psychiatrist" has the same meaning as in section
5122.01 of the Revised Code.
(37)(41) "Psychologist" has the same meaning as in section
4732.01 of the Revised Code.
(38)(42) "Residential camp" means a program in which the
care, physical
custody, or control of
children is accepted overnight for recreational or recreational and
educational purposes.
(39)(43) "Residential care facility" means an institution,
residence, or facility that is licensed by the department of
mental health under section 5119.22 of the Revised Code and that
provides care for a child.
(40)(44) "Residential facility" means a home or facility that
is licensed by the department of mental retardation and
developmental disabilities under section 5123.19 of the Revised Code
and in which a child with a developmental disability
resides.
(41)(45) "Residual parental rights, privileges, and
responsibilities" means those rights, privileges, and
responsibilities remaining with the natural parent after the
transfer of legal custody of the child, including, but not
necessarily limited to, the privilege of reasonable visitation,
consent to adoption, the privilege to determine the child's
religious affiliation, and the responsibility for support.
(42)(46) "SCHOOL DAY" MEANS THE SCHOOL DAY ESTABLISHED BY
THE STATE
BOARD OF EDUCATION PURSUANT TO SECTION 3313.48 OF THE REVISED
CODE.
(47) "SCHOOL MONTH" AND "SCHOOL YEAR" HAVE THE SAME MEANINGS AS IN
SECTION 3313.62 OF THE REVISED CODE.
(48) "Secure correctional facility" means a facility
under the direction of the department of youth services that is designed to
physically restrict the movement and activities of children and used for the
placement of children after adjudication and disposition.
(43)(49) "Sexual activity" has the same meaning as in section
2907.01 of the Revised Code.
(44)(50) "Shelter" means the temporary care of children in
physically unrestricted facilities pending court adjudication or
disposition.
(45)(51) "Shelter for victims of domestic violence" has the
same meaning as in section 3113.33 of the Revised Code.
(46)(52) "Temporary custody" means legal custody of a child
who is removed from the child's home, which custody may be
terminated at
any time at the discretion of the court or, if the legal custody
is granted in an agreement for temporary custody, by the person
who executed the agreement.
(C) For the purposes of this chapter, a child shall be presumed
abandoned when the parents of the child have failed to visit or maintain
contact with the child for more than ninety days, regardless of whether the
parents resume contact with the child after that period of
ninety days.
Sec. 2151.02. As used in this chapter, "delinquent child" includes any
of the following:
(A) Any child who violates any law of this state or the United States, or any
ordinance or regulation of a political subdivision of the state, that would be
a crime if committed by an adult, except as provided in section 2151.021 of
the Revised Code;
(B) Any child who violates any lawful order of the court made
under this chapter;
(C) Any child who violates division (A) of section 2923.211 of the Revised
Code;
(D) Any child who violates division (A)(1) or (2) of
section 3730.07 of the Revised Code;
(E) ANY CHILD WHO IS AN HABITUAL TRUANT AND WHO PREVIOUSLY HAS
BEEN ADJUDICATED AN UNRULY CHILD FOR BEING AN HABITUAL TRUANT;
(F) ANY CHILD WHO IS A CHRONIC TRUANT.
Sec. 2151.022. As used in this chapter, "unruly child" includes any of the
following:
(A) Any child who does not subject himself or herself THE CHILD'S
SELF to
the reasonable
control of his or her THE CHILD'S parents, teachers, guardian,
or custodian, by reason of
being wayward or habitually disobedient;
(B) Any child who is an habitual PERSISTENTLY truant from home
or
school;
(C) ANY CHILD WHO IS AN HABITUAL TRUANT FROM SCHOOL AND WHO PREVIOUSLY HAS
NOT BEEN ADJUDICATED AN UNRULY CHILD FOR BEING AN HABITUAL TRUANT;
(D) Any child who so deports himself or herself THE
CHILD'S SELF
as to
injure or endanger his
or her THE CHILD'S OWN health or morals or the health or morals of
others;
(D)(E) Any child who attempts to enter the marriage relation
in any state
without the consent of his or her THE CHILD'S parents,
custodian, or legal guardian or
other legal authority;
(E)(F) Any child who is found in a disreputable place, visits
or patronizes a
place prohibited by law, or associates with vagrant,
vicious, criminal, notorious, or immoral persons;
(F)(G) Any child who engages in an occupation prohibited by
law or is in a
situation dangerous to life or limb or injurious to his or her THE
CHILD'S OWN health or
morals or the health or morals of others;
(G)(H) Any child who violates a law, other than division (A)
of section 2923.211
of the Revised Code, that is applicable only to a child.
Sec. 2151.18. (A)(1) The juvenile court shall maintain
records of all official cases brought before it, including, BUT NOT
LIMITED TO, an
appearance docket, a journal, and a cashbook, RECORDS OF THE
TYPE REQUIRED BY DIVISION (A)(2) OF SECTION 2151.35 OF THE
REVISED CODE, AND, IN CASES PERTAINING TO AN ALLEGED
DELINQUENT CHILD, ARREST AND CUSTODY RECORDS, COMPLAINTS, JOURNAL ENTRIES, AND
HEARING SUMMARIES. The court shall
maintain a separate docket for traffic cases and shall record
all traffic cases
on the separate docket instead of on the
general appearance docket. The parents of any child affected, if
they are living, or the nearest of kin of the child, if the
parents are deceased, may inspect these records, either in person
or by counsel during the hours in which the court is open.
THE PERSON WHO IS IDENTIFIED AS THE VICTIM OF A DELINQUENT ACT IN
A POLICE REPORT OR IN A COMPLAINT THAT ALLEGES THE COMMISSION OF A
DELINQUENT ACT AND THAT PROVIDES THE BASIS FOR THE JUVENILE COURT
DELINQUENT CHILD PROCEEDING UNDER THIS CHAPTER, OR IF THAT PERSON IS A
MINOR OR IS INCAPACITATED, INCOMPETENT, OR DECEASED, A MEMBER OF
THAT PERSON'S FAMILY, MAY INSPECT ALL ARREST AND CUSTODY RECORDS
PERTAINING TO THE DELINQUENT ACT AND ALL GENERAL COURT RECORDS,
INCLUDING BUT NOT LIMITED TO, ALL COMPLAINTS, JOURNAL ENTRIES,
AND HEARING SUMMARIES, THAT PERTAIN TO THAT ACT.
(2) The juvenile court shall send to the superintendent of the
bureau of criminal identification and investigation, pursuant to section
109.57 of the Revised Code, a weekly report containing a summary of each case
that has come before it and that involves the disposition of a child
who is a
delinquent child for committing an act
that would be a felony or an offense of
violence if committed by an adult.
(B) The clerk of the court shall maintain a statistical
record that includes all of the following:
(1) The number of complaints that are filed with the court
that allege that a child is a delinquent child, in relation to
which the court determines under division (D) of section 2151.27
of the Revised Code that the victim of the alleged delinquent
act was sixty-five years of age or older or permanently and
totally disabled at the time of the alleged commission of the
act;
(2) The number of complaints described in division (B)(1)
of this section that result in the child being adjudicated a
delinquent child;
(3) The number of complaints described in division (B)(2)
of this section in which the act upon which the delinquent child
adjudication is based caused property damage or would be a theft
offense, as defined in division (K) of section 2913.01 of the
Revised Code, if committed by an adult;
(4) The number of complaints described in division (B)(3)
of this section that result in the delinquent child being
required as an order of disposition made under division
(A)(8)(b)(9)
of section 2151.355 of the Revised Code to make restitution for
all or part of the property damage caused by the child's
delinquent act
or for all or part of the value of the property that was the
subject of the delinquent act that would be a theft offense if
committed by an adult;
(5) The number of complaints described in division (B)(2)
of this section in which the act upon which the delinquent child
adjudication is based would have been an offense of violence if
committed by an adult;
(6) The number of complaints described in division (B)(5)
of this section that result in the delinquent child being
committed as an order of disposition made under division (A)(3),
(4), (5), (6), or (7) of section 2151.355 of the Revised Code to any
facility for delinquent children operated by the county, a
district, or a private agency or organization or to the
department of youth services;
(7) The number of complaints described in division (B)(1)
of this section that result in the case being transferred for
criminal prosecution to an appropriate court having jurisdiction
of the offense under section 2151.26 of the Revised Code.
(C) The clerk of the court shall compile an annual summary
covering the preceding calendar year showing all of the
information for that year contained in the statistical record
maintained under division (B) of this section. The statistical
record and the annual summary shall be public records open for
inspection. Neither the statistical record nor the annual
summary shall include the identity of any party to a case.
(D) Not later than June of each year, the court shall
prepare an annual report covering the preceding calendar year
showing the number and kinds of cases that have come before it,
the disposition of the cases, and any other data pertaining to
the work of the court that the juvenile judge directs. The
court shall file copies of the report with the board of county
commissioners. With the approval of the board, the court may print or
cause to be printed copies of the report for
distribution to persons and agencies interested in
the court or community program for dependent, neglected, abused,
or delinquent children and juvenile traffic offenders. The court shall
include the number of copies ordered printed and the estimated cost of
each printed copy on each copy of the report printed for
distribution.
Sec. 2151.23. (A) The juvenile court has exclusive
original jurisdiction under the Revised Code as follows:
(1) Concerning any child who on or about the date
specified in the complaint is alleged to be a juvenile traffic
offender or a delinquent, unruly, abused, neglected, or
dependent child
AND, BASED ON AND IN RELATION TO THE ALLEGATION PERTAINING TO THE CHILD,
CONCERNING THE PARENT, GUARDIAN, OR OTHER PERSON HAVING CARE
OF A CHILD WHO IS ALLEGED TO BE AN UNRULY OR DELINQUENT CHILD FOR BEING AN
HABITUAL OR CHRONIC
TRUANT;
(2) Subject to division (V) of section 2301.03 of the Revised Code, to
determine the custody of any child not a ward of
another court of this state;
(3) To hear and determine any application for a writ of
habeas corpus involving the custody of a child;
(4) To exercise the powers and jurisdiction given the
probate division of the court of common pleas in Chapter 5122.
of the Revised Code, if the court has probable cause to believe
that a child otherwise within the jurisdiction of the court is a
mentally ill person subject to hospitalization by court order, as
defined in section 5122.01 of the Revised Code;
(5) To hear and determine all criminal cases charging
adults with the violation of any section of this chapter;
(6) To hear and determine all criminal cases in which an
adult is charged with a violation of division (C) of section
2919.21, division (B)(1) of section 2919.22, SECTION 2919.222,
division (B) of
section 2919.23, or section 2919.24 of the Revised Code, provided
the charge is not included in an indictment that also charges the
alleged adult offender with the commission of a felony arising
out of the same actions that are the basis of the alleged
violation of division (C) of section 2919.21, division (B)(1) of
section 2919.22, SECTION 2919.222, division (B) of section
2919.23, or section
2919.24 of the Revised Code;
(7) Under the interstate compact on juveniles in section
2151.56 of the Revised Code;
(8) Concerning any child who is to be taken into custody
pursuant to section 2151.31 of the Revised Code, upon being
notified of the intent to take the child into custody and the
reasons for taking the child into custody;
(9) To hear and determine requests for the extension of
temporary custody agreements, and requests for court approval of
permanent custody agreements, that are filed pursuant to section
5103.15 of the Revised Code;
(10) To hear and determine applications for consent to
marry pursuant to section 3101.04 of the Revised Code;
(11) Subject to division (V) of section 2301.03 of the Revised Code, to hear
and determine a request for an order for the
support of any child if the request is not ancillary to an action
for divorce, dissolution of marriage, annulment, or legal
separation, a criminal or civil action involving an allegation of
domestic violence, or an action for support brought under Chapter
3115. of the Revised Code;
(12) Concerning an action commenced under section 121.38 of the Revised
Code;
(13) Concerning an action commenced under section 2151.55 of the Revised
Code;
(14) TO HEAR AND DETERMINE VIOLATIONS OF SECTION 3321.38 of the Revised Code;
(15) TO EXERCISE
JURISDICTION AND AUTHORITY OVER THE
PARENT, GUARDIAN, OR OTHER PERSON HAVING CARE OF A CHILD ALLEGED TO BE A
DELINQUENT CHILD, UNRULY CHILD, OR JUVENILE TRAFFIC
OFFENDER, BASED ON AND IN RELATION TO THE ALLEGATION PERTAINING TO THE CHILD.
(B) The juvenile court has original jurisdiction under the
Revised Code:
(1) To hear and determine all cases of misdemeanors
charging adults with any act or omission with respect to any
child, which act or omission is a violation of any state law or
any municipal ordinance;
(2) To determine the paternity of any child alleged to
have been born out of wedlock pursuant to sections 3111.01 to
3111.19 of the Revised Code;
(3) Under the uniform interstate
family support
act in Chapter 3115. of the Revised Code;
(4) To hear and determine an application for an order for
the support of any child, if the child is not a ward of another
court of this state;
(5) To hear and determine an action commenced under section 5101.314
of the Revised Code.
(C) The juvenile court, except as to juvenile courts that
are a separate division of the court of common pleas or a
separate and independent juvenile court, has jurisdiction to
hear, determine, and make a record of any action for divorce or
legal separation that involves the custody or care of children
and that is filed in the court of common pleas and certified by
the court of common pleas with all the papers filed in the action
to the juvenile court for trial, provided that no certification of
that nature shall
be made to any juvenile court unless the consent of the juvenile judge
first is obtained. After a certification of that nature is made
and consent is
obtained, the juvenile court shall proceed as if the action originally had
been begun in that court, except as to awards for spousal support
or support due and unpaid at the time of certification, over
which the juvenile court has no jurisdiction.
(D) The juvenile court has jurisdiction to hear and
determine all matters as to custody and support of children duly
certified by the court of common pleas to the juvenile court
after a divorce decree has been granted, including jurisdiction
to modify the judgment and decree of the court of common pleas as
the same relate to the custody and support of children.
(E) The juvenile court has jurisdiction to hear and
determine the case of any child certified to the court by any
court of competent jurisdiction if the child comes within the
jurisdiction of the juvenile court as defined by this section.
(F)(1) The juvenile court shall exercise its jurisdiction
in child custody matters in accordance with sections 3109.04,
3109.21 to 3109.36, and 5103.20 to 5103.28 of the Revised Code.
(2) The juvenile court shall exercise its jurisdiction in
child support matters in accordance with section 3109.05 of the
Revised Code.
(G)(1) Each order for child support made or modified by a
juvenile court shall include as
part of the order a general provision, as described in division
(A)(1) of section 3113.21 of the Revised Code, requiring the
withholding or deduction of income or assets of the
obligor under
the order as described in division (D) of section 3113.21 of the
Revised Code, or another type of appropriate requirement as
described in division (D)(3), (D)(4), or
(H) of that section, to
ensure that withholding or deduction from the income or
assets of
the obligor is available from the commencement of the support
order for collection of the support and of any arrearages that
occur; a statement requiring all parties to the order to notify
the child support enforcement agency in writing of their current
mailing address, current residence address, current residence
telephone number, and current driver's license number, and any
changes
to that information; and a notice that the
requirement to notify
the child support enforcement agency of all changes to that information
continues until further notice from the
court. Any
juvenile court that makes or modifies an order for child support
shall comply with sections 3113.21 to
3113.219 of the Revised Code. If any person required to pay
child support under an order made by a juvenile court on or after
April 15, 1985, or modified on or after December 1, 1986, is
found in contempt of court for failure to make support payments
under the order, the court that makes the finding, in addition to
any other penalty or remedy imposed, shall assess all court costs
arising out of the contempt proceeding against the person and
require the person to pay any reasonable attorney's fees of any
adverse party, as determined by the court, that arose in relation
to the act of contempt.
(2) Notwithstanding section 3109.01 of the Revised Code,
if a juvenile court issues a child support order under this
chapter, the order shall remain in effect beyond the child's
eighteenth birthday as long as the child continuously attends on
a full-time basis any recognized and accredited high school or the order
provides that the duty of support of the child continues beyond the child's
eighteenth birthday. Except in cases in which the order provides that the
duty of support continues for any period after the child reaches nineteen
years
of age the order shall not remain in effect after the child reaches nineteen
years of age. Any
parent ordered to pay support under a child support order issued
under this chapter shall continue to pay support under the order,
including during seasonal vacation periods, until the order
terminates.
(H) If a child who is charged with an act that would be an
offense if committed by an adult was fourteen years of age or older and under
eighteen years of age at the time of the alleged act and if the case is
transferred for criminal prosecution pursuant to section 2151.26 of the
Revised Code, the
juvenile court does not have jurisdiction to hear or
determine the case subsequent to the transfer. The court to which the
case is transferred for criminal prosecution pursuant to that
section has jurisdiction subsequent to the transfer to hear and
determine the case in the same manner as if the case originally
had been commenced in that court, including, but not limited to,
jurisdiction to accept a plea of guilty or another plea
authorized by Criminal Rule 11 or another section
of the Revised Code and jurisdiction to accept a
verdict and to enter a judgment of conviction pursuant to the
Rules of Criminal Procedure against the
child for the commission of the offense that was the basis of the
transfer of the case for criminal prosecution, whether the
conviction is for the same degree or a lesser degree of the
offense charged, for the commission of a lesser-included offense,
or for the commission of another offense that is different from
the offense charged.
(I) If a person under eighteen
years of age allegedly commits an act that would be a felony if committed by
an adult and if the person is not taken into custody or apprehended for that
act until after the person attains twenty-one years of age, the juvenile court
does not have jurisdiction to hear or determine any portion of the case
charging the person with committing that act. In those circumstances,
divisions (B) and (C) of section 2151.26 of the
Revised Code do not apply regarding the act, the case
charging the person with committing the act shall be a criminal prosecution
commenced and heard in the appropriate court having jurisdiction of the
offense as if the person had been eighteen years of age or older when the
person committed the act, all proceedings pertaining to the act shall be
within the jurisdiction of the court having jurisdiction of the offense, and
the court having jurisdiction of the offense has all the authority and duties
in the case as it has in other criminal cases commenced in that court.
Sec. 2151.27. (A) Any (1) SUBJECT TO DIVISION
(A)(2) OF THIS SECTION, ANY person having knowledge of a child
who appears to be a juvenile traffic offender or to be a
delinquent, unruly, abused, neglected, or dependent child may
file a sworn complaint with respect to that child in the juvenile
court of the county in which the child has a residence or legal
settlement or in which the traffic offense, delinquency,
unruliness, abuse, neglect, or dependency allegedly occurred. If
an alleged abused, neglected, or dependent child is taken into
custody pursuant to division (D) of section 2151.31 of the
Revised Code or is taken into custody pursuant to division (A)
of section 2151.31 of the Revised Code without the filing of a
complaint and placed into shelter care pursuant to division (C)
of that section, a sworn complaint shall
be filed with respect to the child before the end of the next
day after the day on which the child was taken into
custody. The sworn complaint may be upon information and belief,
and, in addition to the allegation that the child is a delinquent,
unruly, abused, neglected, or dependent child or a juvenile
traffic offender, the complaint shall allege the particular facts
upon which the allegation that the child is a delinquent, unruly,
abused, neglected, or dependent child or a juvenile traffic
offender is based.
(2) ANY PERSON HAVING KNOWLEDGE OF A CHILD WHO APPEARS TO BE AN
UNRULY OR DELINQUENT CHILD FOR BEING AN HABITUAL OR CHRONIC TRUANT
MAY FILE A
SWORN COMPLAINT WITH RESPECT TO THAT CHILD AND THE PARENT,
GUARDIAN, OR OTHER PERSON HAVING CARE OF THE CHILD IN THE JUVENILE
COURT OF THE COUNTY IN WHICH THE CHILD HAS A RESIDENCE OR LEGAL
SETTLEMENT OR IN WHICH THE CHILD IS SUPPOSED TO ATTEND PUBLIC
SCHOOL. THE SWORN COMPLAINT MAY BE UPON INFORMATION AND BELIEF
AND SHALL CONTAIN THE FOLLOWING ALLEGATIONS:
(a) THAT THE CHILD IS AN UNRULY CHILD FOR BEING AN HABITUAL
TRUANT
OR THE CHILD IS A DELINQUENT CHILD FOR BEING A CHRONIC TRUANT OR AN HABITUAL
TRUANT WHO PREVIOUSLY HAS BEEN ADJUDICATED AN UNRULY CHILD FOR BEING AN
HABITUAL TRUANT AND, IN ADDITION, THE PARTICULAR FACTS UPON WHICH THAT
ALLEGATION IS BASED;
(b) THAT THE PARENT, GUARDIAN, OR OTHER PERSON HAVING CARE OF THE
CHILD HAS FAILED TO CAUSE THE CHILD'S ATTENDANCE AT SCHOOL IN VIOLATION
OF SECTION 3321.38 OF THE REVISED CODE AND, IN
ADDITION,
THE PARTICULAR FACTS UPON WHICH THAT ALLEGATION IS BASED.
(B) If a child, before arriving at the age of eighteen
years, allegedly commits an act for which the child may be adjudicated a
delinquent child, an unruly child, or a juvenile traffic offender
and if the specific complaint alleging the act is not filed or a
hearing on that specific complaint is not held until after the
child arrives at the age of eighteen years, the court has
jurisdiction to hear and dispose of the complaint as if the
complaint were filed and the hearing held before the child
arrived at the age of eighteen years.
(C) If the complainant in a case in which a child is
alleged to be an abused, neglected, or dependent child desires
permanent custody of the child or children, temporary custody of
the child or children, whether as the preferred or an alternative
disposition, or the placement of the child in a planned permanent living
arrangement, the complaint shall
contain a prayer specifically
requesting permanent custody, temporary custody, or the placement
of the child in a planned permanent living
arrangement.
(D) For purposes of the record to be maintained by the
clerk under division (B) of section 2151.18 of the Revised Code,
when a complaint is filed that alleges that a child is a
delinquent child, the court shall determine if the victim of the
alleged delinquent act was sixty-five years of age or older or
permanently and totally disabled at the time of the alleged
commission of the act.
(E) Any person with standing under applicable law may file
a complaint for the determination of any other matter over which
the juvenile court is given jurisdiction by section 2151.23 of
the Revised Code. The complaint shall be filed in the county in
which the child who is the subject of the complaint is found or
was last known to be found.
(F) Within ten days after the filing of a complaint, the
court shall give written notice of the filing of the complaint
and of the substance of the complaint to the superintendent of a
city, local, exempted village, or joint vocational school
district if the complaint alleges that a child committed an act
that would be a criminal offense if committed by an adult,
that the child was sixteen years of age or older at the time of
the commission of the alleged act, and that the alleged act is any
of the following:
(1) A violation of section 2923.122 of the Revised Code
that relates to property owned or controlled by, or to an
activity held under the auspices of, the board of education of
that school district;
(2) A violation of section 2923.12 of the Revised Code, of
a substantially similar municipal ordinance, or of section 2925.03 of
the Revised Code that was committed on property owned or
controlled by, or at an activity held under the auspices of, the
board of education of that school district;
(3) A violation of section 2925.11 of the Revised Code that was committed on
property owned or controlled by, or at an activity held under the auspices of,
the board of education of that school district, other than a violation of that
section that would be a minor drug possession offense, as defined in section
2925.01 of the Revised Code, if committed by an adult;
(4) A violation of section 2903.01, 2903.02, 2903.03,
2903.04, 2903.11, 2903.12, 2907.02, or 2907.05 of the
Revised Code, or a violation of former section 2907.12 of the Revised Code,
that was committed on property owned or controlled
by, or at an activity held under the auspices of, the board of
education of that school district, if the victim at the time of
the commission of the alleged act was an employee of the board of
education of that school district.
(5) Complicity in any violation described in division
(F)(1), (2), (3), or (4) of this section that was alleged to have been
committed in the manner described in division (F)(1), (2), (3), or (4)
of this section, regardless of whether the act of complicity was
committed on property owned or controlled by, or at an activity
held under the auspices of, the board of education of that school
district.
(G) A public children services agency, acting pursuant to a
complaint or an action on a complaint filed under this section, is not subject
to the requirements of section 3109.27 of the Revised Code.
Sec. 2151.28. (A) No later than seventy-two hours after
the complaint is filed, the
court shall fix a time for an adjudicatory hearing. The court
shall conduct the adjudicatory hearing within one of the
following periods of time:
(1) If the complaint alleged that the child is a
delinquent or unruly child or a juvenile traffic offender, the
adjudicatory hearing shall be held and may be continued in
accordance with the Juvenile Rules.
(2) If the complaint alleged that the child is an abused,
neglected, or dependent child, the adjudicatory hearing shall be
held no later than thirty days after the complaint is filed,
except that, for good cause shown, the court may continue the
adjudicatory hearing for either of the following periods of time:
(a) For ten days beyond the thirty-day deadline to allow
any party to obtain counsel;
(b) For a reasonable period of time beyond the thirty-day
deadline to obtain service on all parties or any necessary
evaluation, except that the adjudicatory hearing shall not be
held later than sixty days after the date on which the complaint
was filed.
(B) At an adjudicatory hearing held pursuant to division
(A)(2) of this section, the court, in addition to determining
whether the child is an abused, neglected, or dependent child,
shall determine whether the child should remain or be placed in
shelter care until the dispositional hearing. When the court
makes the shelter care determination, all of the following apply:
(1) The court shall determine whether there are any
relatives of the child who are willing to be temporary custodians
of the child. If any relative is willing to be a temporary
custodian, the child otherwise would remain or be placed in
shelter care, and the appointment is appropriate, the court shall
appoint the relative as temporary custodian of the child, unless
the court appoints another relative as custodian. If it
determines that the appointment of a relative as custodian would
not be appropriate, it shall issue a written opinion setting
forth the reasons for its determination and give a copy of the
opinion to all parties and the guardian ad litem of the child.
The court's consideration of a relative for appointment as
a temporary custodian does not make that relative a party to the
proceedings.
(2) The court shall comply with section 2151.419
of the Revised Code.
(3) The court shall schedule the date for the
dispositional hearing to be held pursuant to section 2151.35 of
the Revised Code. The parents of the child have a right to be
represented by counsel; however, in no case shall the
dispositional hearing be held later than ninety days after the
date on which the complaint was filed.
(C) The court shall direct the issuance of a summons
directed to the child except as provided by this section, the
parents, guardian, custodian, or other person with whom the child
may be, and any other persons that appear to the court to be
proper or necessary parties to the proceedings, requiring them to
appear before the court at the time fixed to answer the
allegations of the complaint. The summons shall contain the name
and telephone number of the court employee designated by the
court pursuant to section 2151.314 of the Revised Code to arrange
for the prompt appointment of counsel for indigent persons. A
child alleged to be an abused, neglected, or dependent child
shall not be summoned unless the court so directs. A summons
issued for a child who is under fourteen years of age and who is
alleged to be a delinquent child, unruly child, or a juvenile
traffic offender shall be served on the parent, guardian, or
custodian of the child in the child's behalf.
If the person who has physical custody of the child, or
with whom the child resides, is other than the parent or
guardian, then the parents and guardian also shall be summoned. A copy of the
complaint shall accompany the summons.
(D) If the complaint contains a prayer for permanent
custody, temporary custody, whether as the preferred or an
alternative disposition, or a planned
permanent living arrangement in a case
involving an alleged abused, neglected, or dependent child, the
summons served on the parents shall contain as is appropriate an
explanation that the granting of permanent custody permanently
divests the parents of their parental rights and privileges, an
explanation that an adjudication that the child is an abused,
neglected, or dependent child may result in an order of temporary
custody that will cause the removal of the child from their legal
custody until the court terminates the order of temporary custody
or permanently divests the parents of their parental rights, or
an explanation that the issuance of an order for a planned permanent living
arrangement will cause the removal
of the child from the legal custody
of the parents if any of the conditions listed in divisions
(A)(5)(a) to (c) of section 2151.353 of the Revised Code are
found to exist.
(E) The (1) EXCEPT AS OTHERWISE PROVIDED IN DIVISION
(E)(2) OF THIS SECTION, THE court may endorse upon the summons an
order
directing the parents, guardian, or other person with whom the
child may be to appear personally at the hearing and directing
the person having the physical custody or control of the child to
bring the child to the hearing.
(2) IN CASES IN WHICH THE COMPLAINT ALLEGES THAT A CHILD IS AN
UNRULY OR DELINQUENT CHILD FOR BEING AN HABITUAL OR CHRONIC TRUANT AND THAT
THE
PARENT, GUARDIAN, OR OTHER PERSON HAVING CARE OF THE CHILD HAS
FAILED TO CAUSE THE CHILD'S ATTENDANCE AT SCHOOL, THE COURT SHALL
ENDORSE UPON THE SUMMONS AN ORDER DIRECTING THE PARENT, GUARDIAN,
OR OTHER PERSON HAVING CARE OF THE CHILD TO APPEAR PERSONALLY AT
THE HEARING AND DIRECTING THE PERSON HAVING THE PHYSICAL CUSTODY
OR CONTROL OF THE CHILD TO BRING THE CHILD TO THE HEARING.
(F)(1) The summons shall contain a statement advising that
any party is entitled to counsel in the proceedings and that the
court will appoint counsel or designate a county public defender
or joint county public defender to provide legal representation
if the party is indigent.
(2) In cases in which the complaint alleges a child to be an abused,
neglected, or dependent child and no hearing has been conducted pursuant to
division (A) of section 2151.314 of the Revised Code with respect to the child
or a parent, guardian, or custodian of the child does not attend the
hearing, the summons also shall contain a statement advising that a case plan
may be prepared for the child, the general requirements usually contained in
case plans, and the possible consequences of failure to comply with a
journalized case plan.
(G) If it appears from an affidavit filed or from sworn
testimony before the court that the conduct, condition, or
surroundings of the child are endangering the child's health
or welfare or those of others, that the child may abscond or be removed from
the jurisdiction of the court, or that the child will not be
brought to the
court, notwithstanding the service of the summons, the court may
endorse upon the summons an order that a law enforcement officer
serve the summons and take the child into immediate custody and
bring the child forthwith to the court.
(H) A party, other than the child, may waive service of
summons by written stipulation.
(I) Before any temporary commitment is made permanent, the
court shall fix a time for hearing in accordance with section
2151.414 of the Revised Code and shall cause notice by summons to
be served upon the parent or guardian of the child and the
guardian ad litem of the child, or published, as provided in
section 2151.29 of the Revised Code. The summons shall contain
an explanation that the granting of permanent custody permanently
divests the parents of their parental rights and privileges.
(J) Any person whose presence is considered necessary and
who is not summoned may be subpoenaed to appear and testify at
the hearing. Anyone summoned or subpoenaed to appear
who fails
to do so may be punished, as in other cases in the court of
common pleas, for contempt of court. Persons subpoenaed shall be
paid the same witness fees as are allowed in the court of common
pleas.
(K) The failure of the court to hold an adjudicatory
hearing within any time period set forth in division (A)(2) of
this section does not affect the ability of the court to issue
any order under this chapter and does not provide any basis for
attacking the jurisdiction of the court or the validity of any
order of the court.
(L) If the court, at an adjudicatory hearing held pursuant to
division (A) of this section upon a complaint alleging that a child
is an abused, neglected, dependent, delinquent, or unruly child or a juvenile
traffic offender, determines that the child is a dependent child, the court
shall incorporate that determination into written findings of fact and
conclusions of law and enter those findings of fact and conclusions of law in
the record of the case. The court shall include in
those findings of fact and conclusions of law specific findings as to the
existence of any danger to the child and any underlying family problems that
are the basis for the court's determination that the child is a dependent
child.
Sec. 2151.313. (A)(1) Except as provided in division
(A)(2) of this section and in sections 109.57, 109.60, and
109.61 of the
Revised Code, no child shall be fingerprinted or
photographed in the investigation of any violation of law without
the consent of the juvenile judge.
(2) Subject to division (A)(3) of this section, a
law enforcement officer may fingerprint and
photograph a child without the consent of the juvenile judge when
the child is arrested or otherwise taken into custody for the
commission of an act that would be an offense, other than a
traffic offense or a minor misdemeanor, if committed by an
adult, and there is probable cause to believe that the child may
have been involved in the commission of the act. A law
enforcement officer who takes fingerprints or photographs of a
child under division (A)(2) of this section
immediately shall inform the juvenile
court that the fingerprints or photographs were taken and shall
provide the court with the identity of the child, the number of
fingerprints and photographs taken, and the name and address of
each person who has custody and control of the fingerprints or
photographs or copies of the fingerprints or photographs.
(3) This section does not apply to a child to whom
either of the following applies:
(a) The child has been arrested or
otherwise taken into custody for committing, or has been adjudicated a
delinquent
child for committing, an act that would be a felony if committed by an
adult or has been convicted of or pleaded guilty to
committing a felony.
(b) There is probable
cause to believe that the child may have committed an
act that
would be a felony if committed by an adult.
(B)(1) Subject to divisions (B)(4), (5), and (6) of this
section, all fingerprints and photographs of a child obtained or
taken under division (A)(1) or (2) of this section, and any
records of the arrest or custody of the child that was the basis
for the taking of the fingerprints or photographs, initially may
be retained only until the expiration of thirty days after the
date taken, except that the court may limit the initial retention
of fingerprints and photographs of a child obtained under
division (A)(1) of this section to a shorter period of time and
except that, if the child is adjudicated a delinquent child for
the commission of an act described in division (B)(3) of this
section or is convicted of or pleads guilty to a criminal offense
for the commission of an act described in division (B)(3) of this
section, the fingerprints and photographs, and the records of the
arrest or custody of the child that was the basis for the taking
of the fingerprints and photographs, shall be retained in
accordance with division (B)(3) of this section. During the
initial period of retention, the fingerprints and photographs of
a child, copies of the fingerprints and photographs, and records
of the arrest or custody of the child shall be used or released
only in accordance with division (C) of this section. At the
expiration of the initial period for which fingerprints and
photographs of a child, copies of fingerprints and photographs of
a child, and records of the arrest or custody of a child may be
retained under this division, if no complaint is pending against
the child in relation to the act for which the fingerprints and
photographs originally were obtained or taken and if the child
has neither been adjudicated a delinquent child for the
commission of that act nor been convicted of or pleaded guilty to
a criminal offense based on that act subsequent to a transfer of
the child's case for criminal prosecution pursuant to section
2151.26 of the Revised Code, the fingerprints and photographs of
the child, all copies of the fingerprints and photographs, and
all records of the arrest or custody of the child that was the
basis of the taking of the fingerprints and photographs shall be
removed from the file and delivered to the juvenile court.
(2) If, at the expiration of the initial period of
retention set forth in division (B)(1) of this section, a
complaint is pending against the child in relation to the act for
which the fingerprints and photographs originally were obtained
or the child either has been adjudicated a delinquent child for
the commission of an act other than an act described in division
(B)(3) of this section or has been convicted of or pleaded guilty
to a criminal offense for the commission of an act other than an
act described in division (B)(3) of this section subsequent to
transfer of the child's case, the fingerprints and photographs of
the child, copies of the fingerprints and photographs, and the
records of the arrest or custody of the child that was the basis
of the taking of the fingerprints and photographs may further be
retained, subject to division (B)(4) of this section, until the
earlier of the expiration of two years after the date on which
the fingerprints or photographs were taken or the child attains
eighteen years of age, except that, if the child is adjudicated a
delinquent child for the commission of an act described in
division (B)(3) of this section or is convicted of or pleads
guilty to a criminal offense for the commission of an act
described in division (B)(3) of this section, the fingerprints
and photographs, and the records of the arrest or custody of the
child that was the basis for the taking of the fingerprints and
photographs, shall be retained in accordance with division (B)(3)
of this section.
Except as otherwise provided in division (B)(3) of this
section, during this additional period of retention, the
fingerprints and photographs of a child, copies of the
fingerprints and photographs of a child, and records of the
arrest or custody of a child shall be used or released only in
accordance with division (C) of this section. At the expiration
of the additional period, if no complaint is pending against the
child in relation to the act for which the fingerprints
originally were obtained or taken or in relation to another act
for which the fingerprints were used as authorized by division
(C) of this section and that would be a felony if committed by an
adult, the fingerprints of the child, all copies of the
fingerprints, and all records of the arrest or custody of the
child that was the basis of the taking of the fingerprints shall
be removed from the file and delivered to the juvenile court, and,
if no complaint is pending against the child concerning the act
for which the photographs originally were obtained or taken
or concerning an act that would be a felony if committed by an
adult, the photographs and all copies of the photographs, and, if
no fingerprints were taken at the time the photographs were
taken, all records of the arrest or custody that was the basis of
the taking of the photographs shall be removed from the file and
delivered to the juvenile court. In either case, if, at the
expiration of the applicable additional period, such a complaint
is pending against the child, the photographs and copies of the
photographs of the child, or the fingerprints and copies of the
fingerprints of the child, whichever is applicable, and the
records of the arrest or custody of the child may be retained,
subject to division (B)(4) of this section, until final
disposition of the complaint, and, upon final disposition of the
complaint, they shall be removed from the file and delivered to
the juvenile court, except that, if the child is adjudicated a
delinquent child for the commission of an act described in
division (B)(3) of this section or is convicted of or pleads
guilty to a criminal offense for the commission of an act
described in division (B)(3) of this section, the fingerprints
and photographs, and the records of the arrest or custody of the
child that was the basis for the taking of the fingerprints and
photographs, shall be retained in accordance with division (B)(3)
of this section.
(3) If a child is adjudicated a delinquent child for violating section
2923.42 of the Revised Code or
for committing an act that would be a misdemeanor offense of violence if
committed by an adult, or is convicted of or
pleads guilty to a violation of section 2923.42 of the
Revised Code,
a misdemeanor offense of violence, or
a violation of an existing or former municipal ordinance or law of
this state, another state, or
the United States that is substantially
equivalent to section 2923.42 of the Revised Code
or any misdemeanor offense of violence, both of the
following apply:
(a) Originals and copies of fingerprints and photographs
of the child obtained or taken under division (A)(1) of this
section, and any records of the arrest or custody that was the
basis for the taking of the fingerprints or photographs, may be
retained for the period of time specified by the juvenile judge
in that judge's grant of consent for the taking of the fingerprints
or photographs. Upon the expiration of the specified period, all
originals and copies of the fingerprints, photographs, and
records shall be delivered to the juvenile court or otherwise
disposed of in accordance with any instructions specified by the
juvenile judge in that judge's grant of consent. During the period
of retention of the photographs and records, all originals and
copies of them shall be retained in a file separate and apart
from all photographs taken of adults. During the period of
retention of the fingerprints, all originals and copies of them
may be maintained in the files of fingerprints taken of adults.
If the juvenile judge who grants consent for the taking of
fingerprints and photographs under division (A)(1) of this
section does not specify a period of retention in that judge's
grant of
consent, originals and copies of the fingerprints, photographs,
and records may be retained in accordance with this section as if
the fingerprints and photographs had been taken under division
(A)(2) of this section.
(b) Originals and copies of fingerprints and photographs
taken under division (A)(2) of this section, and any records of
the arrest or custody that was the basis for the taking of the
fingerprints or photographs, may be retained for the period of
time and in the manner specified in division (B)(3)(b)
of this section. Prior to the
child's attainment of eighteen years of age, all originals and
copies of the photographs and records shall be retained and shall
be kept in a file separate and apart from all photographs taken
of adults. During the period of retention of the fingerprints,
all originals and copies of them may be maintained in the files
of fingerprints taken of adults. Upon the child's attainment of
eighteen years of age, all originals and copies of the
fingerprints, photographs, and records shall be disposed of as
follows:
(i) If the juvenile judge issues or previously has issued
an order that specifies a manner of disposition of the originals
and copies of the fingerprints, photographs, and records, they
shall be delivered to the juvenile court or otherwise disposed of
in accordance with the order.
(ii) If the juvenile judge does not issue and has not
previously issued an order that specifies a manner of disposition
of the originals and copies of the fingerprints not maintained in
adult files, photographs, and records, the law enforcement
agency, in its discretion, either shall remove all originals and
copies of them from the file in which they had been maintained
and transfer them to the files that are used for the retention of
fingerprints and photographs taken of adults who are arrested
for, otherwise taken into custody for, or under investigation for
the commission of a criminal offense or shall remove them from
the file in which they had been maintained and deliver them to
the juvenile court. If the originals and copies of any
fingerprints of a child who attains eighteen years of age are
maintained in the files of fingerprints taken of adults or if
pursuant to division (B)(3)(b)(ii) of this section
the agency transfers the originals and
copies of any fingerprints not maintained in adult files,
photographs, or records to the files that are used for the
retention of fingerprints and photographs taken of adults who are
arrested for, otherwise taken into custody for, or under
investigation for the commission of a criminal offense, the
originals and copies of the fingerprints, photographs, and
records may be maintained, used, and released after they are
maintained in the adult files or after the transfer as if the
fingerprints and photographs had been taken of, and as if the
records pertained to, an adult who was arrested for, otherwise
taken into custody for, or under investigation for the
commission of a criminal offense.
(4) If a sealing or expungement order issued under section
2151.358 of the Revised Code requires the sealing or destruction
of any fingerprints or photographs of a child obtained or taken
under division (A)(1) or (2) of this section or of the records of
an arrest or custody of a child that was the basis of the taking
of the fingerprints or photographs prior to the expiration of any
period for which they otherwise could be retained under division
(B)(1), (2), or (3) of this section, the fingerprints,
photographs, and arrest or custody records that are subject to
the order and all copies of the fingerprints, photographs, and
arrest or custody records shall be sealed or destroyed in
accordance with the order.
(5) All fingerprints of a child, photographs of a child,
records of an arrest or custody of a child, and copies delivered
to a juvenile court in accordance with division (B)(1), (2), or
(3) of this section shall be destroyed by the court,PROVIDED THAT,
IF A COMPLAINT IS FILED AGAINST THE CHILD IN
RELATION TO ANY ACT TO WHICH THE RECORDS PERTAIN, THE COURT SHALL MAINTAIN ALL
RECORDS OF AN ARREST OR CUSTODY OF A
CHILD SO DELIVERED FOR AT LEAST THREE YEARS AFTER THE FINAL
DISPOSITION OF THE CASE OR AFTER THE CASE BECOMES INACTIVE.
DURING THE PERIOD FOR WHICH THE RECORDS OF AN ARREST OR CUSTODY
ARE SO RETAINED, THE RECORDS SHALL BE AVAILABLE FOR INSPECTION BY
VICTIMS OF THE ACTS TO WHICH THE RECORDS PERTAIN, AS DESCRIBED IN
DIVISION (A)(1) OF SECTION 2151.18 of the Revised Code.
(6)(a) All photographs of a child and records of an arrest
or custody of a child retained pursuant to division (B) of this
section and not delivered to a juvenile court shall be kept in a
file separate and apart from fingerprints, photographs, and
records of an arrest or custody of an adult. All fingerprints of
a child retained pursuant to division (B) of this section and not
delivered to a juvenile court may be maintained in the files of
fingerprints taken of adults.
(b) If a child who is the subject of photographs or
fingerprints is adjudicated a delinquent child for the commission
of an act that would be an offense, other than a traffic
offense or a minor misdemeanor, if committed by an adult or is
convicted of or pleads guilty to a criminal offense, other than a traffic
offense or a minor misdemeanor,
all fingerprints not maintained in the files of
fingerprints taken of adults and all photographs of the child,
and all records of the arrest or custody of the child that is the
basis of the taking of the fingerprints or photographs, that are
retained pursuant to division (B) of this section and not
delivered to a juvenile court shall be kept in a file separate
and apart from fingerprints, photographs, and arrest and custody
records of children who have not been adjudicated a delinquent
child for the commission of an act that would be an
offense, other than a traffic offense or a minor misdemeanor, if
committed by an adult and have not been convicted of or pleaded
guilty to a criminal offense other than a traffic
offense or a minor misdemeanor.
(C) Until they are delivered to the juvenile court or
sealed, transferred in accordance with division (B)(3)(b) of this
section, or destroyed pursuant to a sealing or expungement order,
the originals and copies of fingerprints and photographs of a
child that are obtained or taken pursuant to division (A)(1) or
(2) of this section, and the records of the arrest or custody of
the child that was the basis of the taking of the fingerprints or
photographs, shall be used or released only as follows:
(1) During the initial thirty-day period of retention,
originals and copies of fingerprints and photographs of a child,
and records of the arrest or custody of a child, shall be used,
prior to the filing of a complaint against the child in relation
to the act for which the fingerprints and photographs were
originally obtained or taken, only for the investigation of that
act and shall be released, prior to the filing of the complaint,
only to a court that would have jurisdiction of the child's case
under this chapter. Subsequent to the filing of a complaint,
originals and copies of fingerprints and photographs of a child,
and records of the arrest or custody of a child, shall be used or
released during the initial thirty-day period of retention only
as provided in division (C)(2)(a), (b), or (c) of this section.
(2) Originals and copies of fingerprints and photographs
of a child, and records of the arrest or custody of a child, that
are retained beyond the initial thirty-day period of retention
subsequent to the filing of a complaint, a delinquent child
adjudication, or a conviction of or guilty plea to a criminal
offense shall be used or released only as follows:
(a) Originals and copies of photographs of a child, and,
if no fingerprints were taken at the time the photographs were
taken, records of the arrest or custody of the child that was the
basis of the taking of the photographs, may be used only as
follows:
(i) They may be used for the investigation of the act for
which they originally were obtained or taken; if the child who is
the subject of the photographs is a suspect in the investigation,
for the investigation of any act that would be an offense if
committed by an adult; and for arresting or bringing the child
into custody.
(ii) If the child who is the subject of the photographs is
adjudicated a delinquent child for the commission of an act that
would be a felony if committed by an adult or is convicted of or
pleads guilty to a criminal offense that is a felony as a result
of the arrest or custody that was the basis of the taking of the
photographs, a law enforcement officer may use the photographs
for a photo line-up conducted as part of the investigation of any
act that would be a felony if committed by an adult, whether or
not the child who is the subject of the photographs is a suspect
in the investigation.
(b) Originals and copies of fingerprints of a child, and
records of the arrest or custody of the child that was the basis
of the taking of the fingerprints, may be used only for the
investigation of the act for which they originally were obtained
or taken; if a child is a suspect in the investigation, for the
investigation of another act that would be an offense if
committed by an adult; and for arresting or bringing the child
into custody.
(c) Originals and copies of fingerprints, photographs, and
records of the arrest or custody that was the basis of the taking
of the fingerprints or photographs shall be released only to the
following:
(i) Law enforcement officers of this state or a political
subdivision of this state, upon notification to the juvenile
court of the name and address of the law enforcement officer or
agency to whom or to which they will be released;
(ii) A court that has jurisdiction of the child's case
under Chapter 2151. of the Revised Code or subsequent to a
transfer of the child's case for criminal prosecution pursuant to
section 2151.26 of the Revised Code.
(D) No person shall knowingly do any of the following:
(1) Fingerprint or photograph a child in the investigation
of any violation of law other than as provided in division (A)(1)
or (2) of this section or in sections 109.57,
109.60, and 109.61 of the Revised Code;
(2) Retain fingerprints or photographs of a child obtained
or taken under division (A)(1) or (2) of this section, copies of
fingerprints or photographs of that nature, or records
of the arrest or
custody that was the basis of the taking of fingerprints
or photographs of that nature other than in accordance with division
(B) of this
section;
(3) Use or release fingerprints or photographs of a child
obtained or taken under division (A)(1) or (2) of this section,
copies of fingerprints or photographs of that nature,
or records of the
arrest or custody that was the basis of the taking of
fingerprints or photographs of that nature other than in accordance
with division (B) or (C) of this section.
Sec. 2151.315. (A) As used in this section, "DNA
analysis" and "DNA specimen" have the same meanings as in section
109.573 of the Revised Code.
(B)(1) A child who is adjudicated a delinquent child for committing an act
listed in division (D) of this section and who is committed to the custody of
the department of youth services or to a school, camp, institution,
or other facility for delinquent children described in division
(A)(3) of section 2151.355 of the Revised Code shall submit to a DNA
specimen collection procedure administered by the director of youth services
if committed to the department or by the chief administrative
officer of the school, camp, institution, or other facility for
delinquent children to which the child was committed. If the
court commits the child to the department of youth services, the
director of youth services shall cause the DNA specimen to be
collected from the child during the intake process at an institution
operated by or under the control of the department. If the
court commits the child to a school, camp, institution, or other
facility for delinquent children, the chief administrative
officer of the school, camp, institution, or facility to which
the child is committed shall cause the
DNA specimen to be collected
from the child during the intake process for the school, camp,
institution, or facility. In accordance with division (C) of this section,
the director or the chief administrative officer
shall cause the
DNA
specimen to be forwarded to
the bureau of criminal identification and investigation no later
than fifteen days after the date of the collection of the
DNA specimen. The DNA specimen shall be collected
from the child in accordance with division
(C) of this section.
(2) If a child is adjudicated a delinquent child for
committing an act
listed in division (D) of this section, is committed to the
department of youth
services or to a school, camp, institution, or other facility for
delinquent children, and does not submit to a DNA
specimen collection
procedure pursuant to division (B)(1) of this section, prior to the child's
release from the custody of the department of
youth services or from the custody of the school, camp,
institution, or facility, the child shall submit to, and the
director of youth services or the chief administrator of the
school, camp, institution, or facility to which the child is
committed shall administer, a DNA specimen collection
procedure at the institution operated by or under the control of
the department of youth services or at the school, camp, institution, or
facility to which the child is committed. In accordance with
division (C) of this section, the director or the
chief
administrative officer shall cause the DNA
specimen to be forwarded to the bureau of criminal identification and
investigation no later than fifteen days after the date of the collection of
the DNA specimen. The DNA specimen shall be collected in
accordance with division (C) of this section.
(C) A physician, registered nurse,
licensed practical nurse, duly licensed clinical laboratory technician, or
other qualified medical practitioner shall collect in a medically approved
manner the DNA specimen required to be collected pursuant to division
(B) of this section. No later than fifteen days after the date of
the collection of the DNA specimen, the
director of youth services or the chief
administrative officer of the school, camp, institution, or
other facility for delinquent children to which the child is
committed shall cause the DNA
specimen to be forwarded to the bureau of criminal
identification and
investigation in accordance with procedures established by the
superintendent
of the bureau under division (H) of section 109.573 of
the Revised Code. The bureau shall provide the
specimen vials, mailing tubes, labels, postage, and instruction
needed for the collection and
forwarding of the DNA specimen to the bureau.
(D) The director of youth services and the chief administrative
officer of a school, camp, institution, or other facility for delinquent
children shall cause a DNA specimen to be collected in accordance
with divisions (B) and (C) of this section from each child
in its custody who is adjudicated a delinquent child for committing any
of the following
acts:
(1) A violation of section 2903.01, 2903.02, 2903.03, 2903.11,
2905.01, 2905.02, 2905.11,
2907.02, 2907.03, 2907.04, 2907.05, or 2909.02, 2909.03, 2911.01,
2911.02,
2911.11, OR 2911.12 of the Revised Code;
(2) A violation of section 2907.12 of the Revised Code as it existed prior to
September 3, 1996;
(3) An attempt to commit a violation of section 2907.02, 2907.03,
2907.04, or
2907.05 of the Revised Code or to commit a violation of
section 2907.12 of the Revised Code as it existed prior to September 3,
1996;
(4) A violation of any law that arose out of the same
facts and
circumstances and
same act as did a charge against the child of a violation
of section 2903.01, 2903.02, 2903.03, 2903.11,
2905.01, 2905.02, 2905.11, 2907.02, 2907.03, 2907.04,
2907.05, or 2909.02, 2909.03, 2911.01, 2911.02,
2911.11, OR 2911.12 of the Revised
Code
that previously was dismissed or amended or as did a charge against the
child of a violation of section 2907.12 of the Revised Code as it existed
prior to September 3, 1996, that previously was dismissed or amended;
(5) A violation of section 2905.02 or 2919.23 of the
Revised Code that would have been a
violation of section 2905.04 of the Revised Code as it existed prior to July
1, 1996, had the violation been committed prior to that date.
(E) The director of youth services and the chief administrative
officer of a school, camp, institution, or other facility for delinquent
children is not required to comply with this section until the superintendent
of the
bureau of criminal identification and investigation gives agencies in the
juvenile justice system, as defined in section 181.51 of the Revised Code, in
the state
official notification that the
state DNA laboratory is prepared to accept DNA
specimens.
Sec. 2151.35. (A)(1) The juvenile court may conduct its
hearings in an informal manner and may adjourn its hearings from
time to time. In the hearing of any case, the general public may
be excluded and only those persons admitted who have a direct
interest in the case.
All EXCEPT CASES INVOLVING CHILDREN WHO ARE ALLEGED TO BE UNRULY
OR DELINQUENT CHILDREN FOR BEING HABITUAL OR CHRONIC TRUANTS, ALL cases
involving
children shall be heard separately and
apart from the trial of cases against adults. The court may
excuse the attendance of the child at the hearing in cases
involving abused, neglected, or dependent children. The court
shall hear and determine all cases of children without a jury,
EXCEPT THAT
SECTION 2151.47OF THE
REVISED
CODESHALL APPLY IN CASES
INVOLVING A COMPLAINT THAT JOINTLY ALLEGES THAT A CHILD IS AN UNRULY OR
DELINQUENT CHILD FOR BEING
AN HABITUAL OR CHRONIC
TRUANT
AND THAT A PARENT, GUARDIAN, OR
OTHER PERSON HAVING CARE OF THE CHILD FAILED TO CAUSE THE
CHILD'S ATTENDANCE AT SCHOOL.
IF A COMPLAINT ALLEGES A CHILD TO BE A DELINQUENT CHILD, UNRULY
CHILD, OR JUVENILE TRAFFIC OFFENDER, THE COURT SHALL REQUIRE THE
PARENT, GUARDIAN, OR CUSTODIAN OF THE CHILD TO ATTEND ALL PROCEEDINGS OF
THE COURT REGARDING THE CHILD. IF A PARENT, GUARDIAN, OR
CUSTODIAN FAILS TO SO ATTEND, THE COURT MAY FIND THE PARENT,
GUARDIAN, OR CUSTODIAN IN CONTEMPT.
If the court at the adjudicatory hearing finds from clear
and convincing evidence that the child is an abused, neglected,
or dependent child, the court shall proceed, in accordance with
division (B) of this section, to hold a dispositional hearing and
hear the evidence as to the proper disposition to be made under
section 2151.353 of the Revised Code. If the court at the
adjudicatory hearing finds beyond a reasonable doubt that the
child is a delinquent or unruly child or a juvenile traffic
offender, the court shall proceed immediately, or at a postponed
hearing, to hear the evidence as to the proper disposition to be
made under sections 2151.352 to 2151.355 of the Revised Code.
If
THE COURT AT THE ADJUDICATORY HEARING FINDS BEYOND A REASONABLE
DOUBT THAT THE CHILD IS AN UNRULY CHILD FOR BEING AN HABITUAL TRUANT,
OR THAT THE CHILD IS AN UNRULY CHILD FOR BEING AN HABITUAL TRUANT
AND THAT THE PARENT, GUARDIAN, OR OTHER PERSON HAVING CARE OF THE
CHILD HAS FAILED TO CAUSE THE CHILD'S ATTENDANCE AT SCHOOL IN
VIOLATION OF SECTION 3321.38
OF THE
REVISED
CODE,
THE COURT SHALL PROCEED TO HOLD A HEARING TO HEAR THE EVIDENCE AS TO THE
PROPER
DISPOSITION TO BE MADE IN REGARD TO THE CHILD UNDER DIVISION
(C)(1) OF SECTION 2151.354 OF THE
REVISED CODE AND THE PROPER ACTION TO TAKE IN REGARD
TO THE
PARENT, GUARDIAN, OR OTHER PERSON HAVING CARE OF THE CHILD UNDER DIVISION
(C)(2) OF SECTION 2151.354
OF THE
REVISED
CODE.
IF THE COURT AT THE ADJUDICATORY HEARING FINDS BEYOND A REASONABLE
DOUBT THAT THE CHILD IS A DELINQUENT CHILD FOR BEING A CHRONIC TRUANT OR
FOR BEING AN HABITUAL TRUANT WHO PREVIOUSLY HAS BEEN ADJUDICATED AN UNRULY
CHILD FOR BEING AN HABITUAL TRUANT, OR THAT THE CHILD IS A
DELINQUENT CHILD FOR EITHER OF THOSE REASONS AND THE PARENT, GUARDIAN, OR
OTHER PERSON HAVING CARE OF THE CHILD HAS FAILED TO CAUSE THE
CHILD'S ATTENDANCE AT SCHOOL IN VIOLATION OF SECTION 3321.38 OF
THE REVISED CODE, THE COURT SHALL PROCEED TO HOLD A HEARING
TO
HEAR THE EVIDENCE AS TO THE PROPER DISPOSITION TO BE MADE IN REGARD TO
THE CHILD UNDER DIVISION
(A)(23)(a) OF SECTION 2151.355 OF
THE REVISED CODE
AND THE PROPER ACTION TO TAKE IN REGARD TO THE
PARENT, GUARDIAN, OR OTHER PERSON HAVING CARE OF THE CHILD UNDER DIVISION
(A)(23)(b) OF SECTION 2151.355 OF THE
REVISED CODE.
IF
the court does not find the child to be an abused, neglected,
dependent, delinquent, or unruly child or a juvenile traffic
offender, it shall order that the complaint be dismissed and that
the child be discharged from any detention or restriction
theretofore ordered.
(2) A record of all testimony and other oral proceedings in
juvenile court shall be made in all proceedings that are held
pursuant to section 2151.414 of the Revised Code or in which an
order of disposition may be made pursuant to division (A)(4) of
section 2151.353 of the Revised Code, and shall be made upon
request in any other proceedings. The record OF TESTIMONY AND ORAL
PROCEEDINGS shall be made as
provided in section 2301.20 of the Revised Code. IN ALL CASES IN WHICH A
RECORD OF TESTIMONY AND OTHER ORAL PROCEEDINGS IS NOT REQUIRED UNDER THIS
DIVISION, THE COURT SHALL MAKE AND RETAIN A SUMMARY OF ALL HEARINGS AND
PROCEEDINGS.
(B)(1) If the court at an adjudicatory hearing determines
that a child is an abused, neglected, or dependent child, the
court shall not issue a dispositional order until after the court
holds a separate dispositional hearing. The court may hold the
dispositional
hearing for an adjudicated abused, neglected, or dependent child
immediately after the
adjudicatory hearing if all parties were served prior to the
adjudicatory hearing with all documents required for the
dispositional hearing. The dispositional hearing may not be held more
than thirty days after the adjudicatory hearing is held. The
court, upon the request of any party
or the guardian ad litem of the child, may continue a
dispositional hearing for a reasonable time not to exceed the
time limits set forth in this division to enable a party to
obtain or consult counsel. The dispositional hearing shall not
be held more than ninety days after the date on which the
complaint in the case was filed.
If the dispositional hearing is not held within the period
of time required by this division, the court, on its own motion
or the motion of any party or the guardian ad litem of the child,
shall dismiss the complaint without prejudice.
(2) The dispositional hearing shall be conducted in
accordance with all of the following:
(a) The judge or referee who presided at the adjudicatory
hearing shall preside, if possible, at the dispositional hearing;
(b) The court may admit any evidence that is material and
relevant, including, but not limited to, hearsay, opinion, and
documentary evidence;
(c) Medical examiners and each investigator who prepared a
social history shall not be cross-examined, except upon consent
of the parties, for good cause shown, or as the court in its
discretion may direct. Any party may offer evidence
supplementing, explaining, or disputing any information contained
in the social history or other reports that may be used by the
court in determining disposition.
(3) After the conclusion of the dispositional hearing, the
court shall enter an appropriate judgment within seven days and
shall schedule the date for the hearing to be held pursuant to
section 2151.415 of the Revised Code. The court may make any
order of disposition that is set forth in section 2151.353 of the
Revised Code. A copy of the judgment shall be given to each
party and to the child's guardian ad litem. If the judgment is
conditional, the order shall state the conditions of the
judgment. If the child is not returned to the child's own
home, the
court shall determine which school district shall bear the cost
of the child's education and shall comply
with section 2151.36 of the Revised Code.
(4) As part of its dispositional order, the court may
issue any order described in division (B) of section 2151.33 of
the Revised Code.
(C) The court shall give all parties to the action and the
child's guardian ad litem notice of the adjudicatory and
dispositional hearings in accordance with the Juvenile Rules.
(D) If the court issues an order pursuant to division
(A)(4) of section 2151.353 of the Revised Code committing a child
to the permanent custody of a public children services agency or
a private child placing agency, the parents of the child whose
parental rights were terminated cease to be parties to the action
upon the issuance of the order. This division is not intended to
eliminate or restrict any right of the parents to appeal the
permanent custody order issued pursuant to division (A)(4) of
section 2151.353 of the Revised Code.
(E) Each juvenile court shall schedule its hearings in
accordance with the time requirements of this chapter.
(F) In cases regarding abused, neglected, or dependent
children, the court may admit any statement of a child that the
court determines to be excluded by the hearsay rule if the
proponent of the statement informs the adverse party of the
proponent's
intention to offer the statement and of the particulars of the
statement, including the name of the declarant, sufficiently in
advance of the hearing to provide the party with a fair
opportunity to prepare to challenge, respond to, or defend
against the statement, and the court determines all of the
following:
(1) The statement has circumstantial guarantees of
trustworthiness;
(2) The statement is offered as evidence of a material
fact;
(3) The statement is more probative on the point for which
it is offered than any other evidence that the proponent can
procure through reasonable efforts;
(4) The general purposes of the evidence rules and the
interests of justice will best be served by the admission of the
statement into evidence.
(G) If a child is alleged to be an abused child, the court
may order that the testimony of the child be taken by deposition.
On motion of the prosecuting attorney, guardian ad litem, or any
party, or in its own discretion, the court may order that the
deposition be videotaped. Any deposition taken under this
division shall be taken with a judge or referee present.
If a deposition taken under this division is intended to be
offered as evidence at the hearing, it shall be filed with the
court. Part or all of the deposition is admissible in evidence
if counsel for all parties had an opportunity and similar motive
at the time of the taking of the deposition to develop the
testimony by direct, cross, or redirect examination and the judge
determines that there is reasonable cause to believe that if the
child were to testify in person at the hearing, the child would
experience emotional trauma as a result of
participating at
the hearing.
Sec. 2151.354. (A) If the child is adjudicated an unruly
child, the court may:
(1) Make any of the dispositions authorized under section
2151.353 of the Revised Code;
(2) Place the child on probation under any conditions that
the court prescribes;
(3) Suspend or revoke the driver's license, probationary driver's
license, or temporary instruction permit issued to the child and suspend
or revoke the registration of all motor vehicles registered in the name of the
child. A child
whose license or permit is so suspended or
revoked is ineligible for issuance of a license or permit during the period of
suspension or revocation. At the end of the period of suspension or
revocation, the child shall not be reissued a license or permit until the
child has paid any applicable reinstatement fee and complied with all
requirements governing license reinstatement.
(4) Commit the child to the temporary or permanent custody of the court;
(5) If, after making a disposition under division (A)(1),
(2), or (3) of this section, the court finds upon further hearing
that the child is not amenable to treatment or rehabilitation
under that disposition, make a disposition otherwise authorized
under divisions (A)(1), (2), and (A)(7)(8) to
(11)(12) of section
2151.355 of the Revised Code, except that the child may not be
committed to or placed in a secure correctional facility, and commitment to or
placement in a detention home may not exceed twenty-four hours unless
authorized by division (C)(3) of section 2151.312 or sections 2151.56
to 2151.61 of the Revised Code.
(B) If a child is adjudicated an unruly child for
committing any act that, if committed by an adult, would be a
drug abuse offense, as defined in section 2925.01 of the Revised
Code, or a violation of division (B) of section 2917.11 of the
Revised Code, then, in addition to imposing, in its discretion,
any other order of disposition authorized by this section, the
court shall do both of the following:
(1) Require the child to participate in a drug abuse or
alcohol abuse counseling program;
(2) Suspend or revoke the temporary instruction permit,
probationary driver's license, or driver's license
issued to the child for a period of time
prescribed by the court or, at the discretion of
the court, until the child attends and satisfactorily completes a drug
abuse or alcohol abuse education, intervention, or treatment program
specified by the court. During the time the child is attending
the program, the court shall retain any temporary instruction
permit, probationary driver's license, or driver's
license issued to the child and shall
return the permit or license when the child satisfactorily
completes the program.
(C)(1) IF A CHILD IS ADJUDICATED AN UNRULY CHILD FOR BEING
AN HABITUAL TRUANT, IN ADDITION TO OR IN LIEU OF
IMPOSING ANY OTHER ORDER OF DISPOSITION
AUTHORIZED BY THIS SECTION, THE COURT MAY DO ANY OF THE
FOLLOWING:
(a) ORDER THE BOARD OF EDUCATION OF THE CHILD'S SCHOOL DISTRICT
OR THE GOVERNING BOARD OF THE EDUCATIONAL SERVICE CENTER IN THE CHILD'S SCHOOL
DISTRICT TO REQUIRE THE CHILD TO ATTEND AN ALTERNATIVE SCHOOL IF AN
ALTERNATIVE SCHOOL HAS BEEN ESTABLISHED PURSUANT TO SECTION 3313.533
OF THE REVISED CODE IN THE SCHOOL DISTRICT IN
WHICH THE
CHILD IS ENTITLED TO ATTEND SCHOOL;
(b) REQUIRE THE CHILD TO PARTICIPATE IN ANY ACADEMIC PROGRAM OR
COMMUNITY SERVICE PROGRAM;
(c) REQUIRE THE CHILD TO PARTICIPATE IN A DRUG ABUSE OR ALCOHOL
ABUSE COUNSELING PROGRAM;
(d) REQUIRE THAT THE CHILD RECEIVE APPROPRIATE MEDICAL OR
PSYCHOLOGICAL TREATMENT OR COUNSELING;
(e) MAKE ANY OTHER ORDER THAT THE COURT FINDS PROPER TO ADDRESS
THE CHILD'S HABITUAL TRUANCY.
(2) IF A CHILD IS ADJUDICATED AN UNRULY CHILD FOR BEING
AN HABITUAL TRUANT AND THE COURT DETERMINES THAT THE
PARENT, GUARDIAN, OR OTHER PERSON HAVING CARE OF THE CHILD HAS
FAILED TO CAUSE THE CHILD'S ATTENDANCE AT SCHOOL IN VIOLATION OF
SECTION 3321.38
OF THE
REVISED
CODE, IN ADDITION TO ANY ORDER OF DISPOSITION AUTHORIZED BY THIS
SECTION, BOTH OF THE FOLLOWING APPLY:
(a) THE COURT MAY REQUIRE THE PARENT, GUARDIAN, OR OTHER PERSON
HAVING CARE OF THE
CHILD TO PARTICIPATE IN ANY COMMUNITY SERVICE PROGRAM, PREFERABLY A COMMUNITY
SERVICE PROGRAM THAT REQUIRES THE INVOLVEMENT OF THE PARENT, GUARDIAN, OR
OTHER
PERSON HAVING CARE OF THE CHILD IN THE SCHOOL ATTENDED BY THE
CHILD.
(b) THE COURT SHALL WARN THE PARENT, GUARDIAN, OR OTHER
PERSON HAVING CARE OF THE CHILD THAT ANY SUBSEQUENT ADJUDICATION OF THE
CHILD AS AN UNRULY OR DELINQUENT CHILD FOR BEING AN HABITUAL OR CHRONIC
TRUANT MAY RESULT IN A CRIMINAL CHARGE AGAINST THE PARENT,
GUARDIAN, OR OTHER PERSON HAVING CARE OF THE CHILD FOR A VIOLATION
OF DIVISION (C) OF SECTION 2919.21 OR SECTION
2919.24 OF THE REVISED CODE.
Sec. 2151.355. (A) If a child is adjudicated a delinquent
child, the court
may make any of the following orders of disposition:
(1) Any order that is authorized by section 2151.353 of
the Revised Code;
(2) Place the child on probation under any conditions that
the court prescribes. If the child is adjudicated a delinquent
child for violating section 2909.05, 2909.06, or 2909.07 of
the Revised Code and if restitution is appropriate under the
circumstances of the case, the court shall require the child to
make restitution for the property damage caused by the child's
violation
as a condition of the child's probation. If the child is
adjudicated a delinquent child because the child violated any other
section of the Revised Code, the court may require the child as a
condition of the child's probation to make restitution for the property
damage caused by the child's violation and for the value of the
property that was the subject of the violation the child committed if it would
be a theft offense, as defined in division (K) of section 2913.01
of the Revised Code, if committed by an adult. The restitution
may be in the form of a cash reimbursement paid in a lump sum or
in installments, the performance of repair work to restore any
damaged property to its original condition, the performance of a
reasonable amount of labor for the victim approximately equal to
the value of the property damage caused by the child's violation or
to the value of the property that is the subject of the violation if
it would be a theft offense if committed by an adult, the
performance of community service or community work, any other
form of restitution devised by the court, or any combination of
the previously described forms of restitution.
If the child is adjudicated a delinquent child for violating a law of
this state or the United States, or an ordinance or
regulation of a political subdivision of this state, that would be a crime if
committed by an adult or for
violating division (A) of section 2923.211 of the Revised Code, the court,
in addition to all
other required or permissive conditions of probation that
the court imposes upon the
delinquent child pursuant to division (A)(2) of this section,
shall require the child as a condition of the child's probation
to abide by the law during the period of probation, including, but not limited
to, complying with the provisions of
Chapter 2923. of the Revised Code relating to
the possession, sale, furnishing, transfer, disposition, purchase,
acquisition, carrying, conveying, or use of, or other conduct
involving, a firearm or dangerous ordnance, as
defined in section 2923.11 of the Revised Code.
(3) Commit the child to the temporary custody of any
school, camp, institution, or other facility
operated for the care of delinquent children by the
county, by a district organized under section 2151.34 or 2151.65
of the Revised Code, or by a private agency or organization,
within or without the state, that is authorized and qualified to
provide the care, treatment, or placement required;
(4) If the child is adjudicated a delinquent child for
committing an act that would be a felony of the third, fourth, or fifth degree
if
committed by an adult or for violating division (A) of section 2923.211 of the
Revised Code, commit the child to the legal custody of
the department of youth services for institutionalization for an
indefinite term consisting of a minimum period of six months and
a maximum period not to exceed the child's attainment of twenty-one years of
age;
(5)(a) If the child is adjudicated a delinquent child for
violating section 2903.03, 2905.01, 2909.02, or 2911.01 or division
(A) of section 2903.04 of the Revised Code or for
violating any provision of section 2907.02 of the Revised Code
other than division (A)(1)(b) of that section when the
sexual conduct or insertion involved was consensual and when the victim of the
violation of division (A)(1)(b) of that section
was older than the delinquent child, was the same age as the
delinquent child, or was less than three years younger than the
delinquent child, commit the child to
the legal custody of the department of youth
services for institutionalization in a secure facility for an indefinite term
consisting of a minimum period of one to three years, as prescribed by the
court, and a maximum period not to exceed the child's attainment of twenty-one
years of age;
(b) If the child is adjudicated a delinquent
child for violating section 2923.02 of the Revised Code and
if the violation involves an attempt to commit a violation of section 2903.01
or 2903.02 of the Revised Code, commit the child to
the legal custody of the department of youth services for institutionalization
in a secure facility for an indefinite term consisting of a minimum period of
six to seven years, as prescribed by the court, and a maximum period not to
exceed the child's attainment of twenty-one years of age;
(c) If the child is adjudicated a delinquent child for committing an act that
is not described in division (A)(5)(a) or (b) of this section and that
would be a felony of the first or second degree if committed
by an adult, commit the child to the legal custody
of the department of youth services for institutionalization in a
secure facility for an indefinite term consisting of a minimum
period of one year and a maximum period not to exceed the child's
attainment of twenty-one years of age.
(6) If the child is adjudicated a delinquent child for
committing a violation of section 2903.01 or 2903.02 of the Revised Code,
commit the child to
the legal custody of the department of youth services for
institutionalization in a secure facility until the child's
attainment of twenty-one years of age;
(7)(a) If the child is adjudicated a delinquent
child for committing an act,
other than a violation of section 2923.12 of the Revised Code, that would be a
felony if committed by an adult and is committed to the legal
custody of the department of youth services pursuant to division
(A)(4), (5), or (6) of this section and if the
court determines that the child, if the child was an adult, would be guilty of
a specification of the type set forth in section
2941.141, 2941.144, 2941.145, or 2941.146 of the Revised Code in relation to
the act for which the child was adjudicated a delinquent child, commit the
child to the legal custody of the department of youth services for
institutionalization in a secure facility for the following period of time,
subject to division (A)(7)(c) of this section:
(i) If the child would be guilty of a specification of the
type set forth in section 2941.141 of the Revised Code, a period
of one year;
(ii) If the child would be guilty of a specification of the type
set forth in section 2941.144, 2941.145, or 2941.146 of the Revised Code, a
period of three years.
(b) If the child is adjudicated a delinquent child for committing a
category one offense or a category two offense and is committed to the legal
custody of the department of youth services pursuant to division
(A)(5) or (6) of this section and if the court determines that
the child, if the child was an adult, would be guilty of a specification of
the type set forth in section 2941.142 of the
Revised Code in relation to the act for which the child was
adjudicated a delinquent child, the court shall commit the child to the legal
custody of the
department of youth services for institutionalization in a secure facility for
a period of not less than one year or more than three years, subject to
division (A)(7)(c) of this section.
(c) The court shall not
commit a child to the legal custody of the department of youth services
pursuant to division (A)(7)(a) or (b) of this section for a period of time
that exceeds three years. The period of
commitment imposed pursuant to division (A)(7)(a) or (b) of this
section shall be in addition to, and shall be served consecutively with and
prior to, a period of commitment ordered pursuant to division
(A)(4), (5), or (6) of this section, provided that the total of all
the periods of commitment shall not exceed the child's attainment of
twenty-one years of age.
(8)(a) Impose a fine and costs in accordance with
the schedule set forth in section 2151.3512 of the Revised Code;
(b)(9) Require the child to make restitution for all or part
of the property damage caused by the child's delinquent act and for
all or part of the value of the property that was the subject of any
delinquent act the child committed that would be a theft
offense, as defined in division (K) of section 2913.01 of the
Revised Code, if committed by an adult. If the court determines
that the victim of the child's delinquent act was sixty-five
years of age or older or permanently and totally disabled at the
time of the commission of the act, the court, regardless of
whether or not the child knew the age of the victim, shall consider
that fact in favor of imposing restitution, but that fact shall
not control the decision of the court. The restitution may be in
the form of a cash reimbursement paid in a lump sum or in
installments, the performance of repair work to restore any
damaged property to its original condition, the performance of a
reasonable amount of labor for the victim, the performance of
community service or community work, any other form of
restitution devised by the court, or any combination of the
previously described forms of restitution.
(9)(10) Subject to division (D) of this section,
suspend or revoke the driver's license, probationary driver's
license, or temporary
instruction permit issued to the child or suspend or revoke the
registration of all motor vehicles registered in the name of the
child. A child whose license or permit is so suspended or
revoked is ineligible for issuance of a license or permit during the period of
suspension or revocation. At the end of the period of suspension or
revocation, the child shall not be reissued a license or permit until the
child has paid any applicable reinstatement fee and complied with all
requirements governing license reinstatement.
(10)(11) If the child is adjudicated a delinquent child for
committing an act that, if committed by an
adult, would be a criminal offense that would qualify the adult as an eligible
offender pursuant to division (A)(3) of section 2929.23 of the
Revised Code, impose a period of electronically monitored house
detention in accordance with division (I)(J) of this section
that
does not exceed the maximum sentence of imprisonment that could
be imposed upon an adult who commits the same act;
(11)(12) Impose a period of day reporting in which the child
is
required each day to report to and leave a center or other
approved reporting location at specified times in order to
participate in work, education or training, treatment, and other
approved programs at the center or outside the center;
(12)(13) Impose a period of electronically monitored house
arrest in accordance with division
(I)(J) of this section;
(13)(14) Impose a period of community service of up to five
hundred hours;
(14)(15) Impose a period in an alcohol or drug treatment
program with a level of security for the child as determined
necessary by the court;
(15)(16) Impose a period of intensive supervision, in which
the
child is required to maintain frequent contact with a person
appointed by the court to supervise the child while the child is
seeking or maintaining employment and participating in training,
education, and treatment programs as the order of
disposition;
(16)(17) Impose a period of basic supervision, in which the
child is required to maintain contact with a person appointed to
supervise the child in accordance with sanctions imposed by the
court;
(17)(18) Impose a period of drug and alcohol use
monitoring;
(18)(19) Impose a period in which the court orders the child
to observe a curfew that may involve daytime or evening
hours;
(19)(20) Require the child to obtain a high
school diploma, a certificate of high school equivalence, or
employment;
(20)(21) If the court obtains the assent of the victim
of the criminal act committed by the child, require
the child to participate in a reconciliation or mediation program
that includes a meeting in which the child and the victim may
discuss the criminal act, discuss restitution, and consider
other sanctions for the criminal act;
(21)(22) Commit the child to the temporary or permanent
custody of the court;
(22)(23)(a) IF A CHILD IS ADJUDICATED A DELINQUENT CHILD
FOR BEING A
CHRONIC TRUANT OR AN HABITUAL TRUANT WHO PREVIOUSLY HAS BEEN
ADJUDICATED AN UNRULY CHILD FOR BEING AN HABITUAL TRUANT, MAKE ANY
ORDER OF DISPOSITION AS AUTHORIZED BY THIS SECTION;
(b) IF A CHILD IS ADJUDICATED A DELINQUENT CHILD FOR BEING
A
CHRONIC TRUANT OR AN HABITUAL TRUANT WHO PREVIOUSLY HAS BEEN ADJUDICATED AN
UNRULY CHILD FOR BEING AN HABITUAL
TRUANT AND THE COURT DETERMINES THAT THE PARENT, GUARDIAN, OR
OTHER PERSON HAVING CARE OF THE CHILD HAS FAILED TO CAUSE THE
CHILD'S ATTENDANCE AT SCHOOL IN VIOLATION OF SECTION 3321.38 OF
THE REVISED CODE, REQUIRE THE PARENT, GUARDIAN, OR OTHER
PERSON
HAVING CARE OF THE CHILD TO PARTICIPATE IN ANY COMMUNITY SERVICE
PROGRAM, PREFERABLY A COMMUNITY SERVICE PROGRAM THAT REQUIRES THE
INVOLVEMENT OF THE PARENT, GUARDIAN, OR OTHER PERSON HAVING CARE
OF THE CHILD IN THE SCHOOL ATTENDED BY THE CHILD.
(24) Make any further disposition that the court finds
proper, except that the child shall not be placed in any
state
correctional institution, county, multicounty, or municipal jail
or workhouse, or other place in which an adult
convicted of a crime, under arrest, or charged with a crime is held.
(B)(1) If a child is adjudicated a delinquent
child for violating section 2923.32 of the Revised Code,
the court, in addition to any order of disposition it makes for
the child under division (A) of this section, shall enter an
order of criminal forfeiture against the child in accordance
with divisions (B)(3), (4), (5), and (6) and (C) to
(F) of section 2923.32 of the Revised Code.
(2) IF A CHILD IS ADJUDICATED A DELINQUENT CHILD FOR BEING
A
CHRONIC TRUANT OR AN HABITUAL TRUANT WHO PREVIOUSLY HAS BEEN ADJUDICATED AN
UNRULY CHILD FOR BEING AN HABITUAL
TRUANT AND THE COURT DETERMINES THAT THE PARENT, GUARDIAN, OR
OTHER PERSON HAVING CARE OF THE CHILD HAS FAILED TO CAUSE THE
CHILD'S ATTENDANCE AT SCHOOL IN VIOLATION OF SECTION 3321.38 OF
THE REVISED CODE,
IN ADDITION TO ANY ORDER OF DISPOSITION IT MAKES UNDER THIS SECTION,
THE COURT SHALL WARN THE PARENT, GUARDIAN, OR OTHER PERSON HAVING
CARE OF THE CHILD THAT ANY SUBSEQUENT ADJUDICATION OF THE CHILD AS
AN UNRULY OR DELINQUENT CHILD FOR BEING AN HABITUAL OR CHRONIC
TRUANT MAY RESULT IN A CRIMINAL CHARGE AGAINST THE PARENT,
GUARDIAN, OR OTHER PERSON HAVING CARE OF THE CHILD FOR A VIOLATION
OF DIVISION (C) OF SECTION 2919.21 OR SECTION 2919.24 OF THE
REVISED CODE.
(3) If a child is adjudicated a delinquent child
for committing two or more acts that would be felonies if committed by an
adult and if the court entering the delinquent child adjudication orders the
commitment of the child, for two or more of those acts,
to the legal custody of the department of youth services for
institutionalization or institutionalization in a secure facility pursuant to
division (A)(4), (5), or (6) of this section,
the court may order that all of the periods of commitment imposed under
those
divisions for those acts be served consecutively in the legal
custody of the department of youth services and, if applicable, be in
addition to and commence immediately following the expiration of a
period of commitment that the court imposes pursuant to division
(A)(7) of this section. A court shall not commit a delinquent child
to the legal custody of the department of youth services
under division (B)(2) of this section for a
period that exceeds the child's attainment of twenty-one years of age.
(C) If a child is adjudicated a delinquent child for
committing an act that, if committed by an adult, would be
a drug abuse offense, as defined in section 2925.01 of the
Revised Code, or for violating division (B) of section 2917.11
of the Revised Code, in addition to imposing in its
discretion any other order of disposition authorized by this
section, the court shall do both of the following:
(1) Require the child to participate in a drug abuse or
alcohol abuse counseling program;
(2) Suspend or revoke the temporary instruction permit,
probationary driver's license, or driver's license
issued to the child for a period of time
prescribed by the court or, at the
discretion of the court, until the child attends and satisfactorily
completes, a drug
abuse or alcohol abuse education, intervention, or treatment
program specified by the court. During the time the child is
attending the program, the court shall retain any temporary
instruction permit, probationary driver's license, or
driver's license issued to the child, and the court
shall return the permit or license when the child satisfactorily completes the
program.
(D) If a child is adjudicated a delinquent child
for violating section 2923.122 of the Revised Code, the court, in addition to
any order of
disposition it makes for the child under division (A), (B),
or (C) of this
section, shall revoke the temporary instruction permit and deny the child the
issuance of another temporary instruction permit in accordance with
division (F)(1)(b) of section 2923.122 of the Revised Code
or shall suspend the probationary driver's
license, restricted license, or nonresident operating privilege of the child
or deny the child the issuance of
a probationary driver's license, restricted license, or temporary
instruction permit in accordance with division
(F)(1)(a), (c), (d), or (e) of section 2923.122 of the
Revised Code.
(E)(1) At the dispositional hearing and prior to making any
disposition pursuant to division (A) of this section, the court
shall determine whether a victim of the delinquent act
committed by the child was five years of age or younger at the time the
delinquent act was committed, whether a victim of the delinquent act sustained
physical harm to the victim's person during the commission of or otherwise as
a result of the delinquent act, whether a victim of the delinquent act
was sixty-five years of age or older or
permanently and totally disabled at the time the delinquent act
was committed, and whether the delinquent act would have been an
offense of violence if committed by an adult. If the victim was
five years of age or younger at the time the delinquent act was committed,
sustained physical harm to the victim's person during the commission of or
otherwise as a result of the delinquent act, or was sixty-five years of age or
older or permanently and totally
disabled at the time the act was committed, regardless of whether
the child knew the age of the victim, and if the act would
have been an offense of violence if committed by an adult, the
court shall consider those facts in favor of imposing commitment
under division (A)(3), (4), (5), or (6) of this section, but
those facts shall not control the court's decision.
(2) At the dispositional hearing and prior to making any
disposition pursuant to division (A)(4), (5), or (6) of this section,
the court shall determine whether the delinquent child previously has been
adjudicated a delinquent child for a violation of a law or ordinance. If the
delinquent child previously has been adjudicated a delinquent child for
a violation of a law or ordinance, the court, for purposes of
entering an order of disposition for the delinquent child under this
section, shall consider the previous
delinquent child adjudication as a conviction of a violation
of the law or ordinance in determining the degree of offense the current
delinquent act would be had it been committed by an adult.
(F)(1) When a juvenile court commits a delinquent child to
the custody of the department of youth services pursuant to this
section, the court shall not designate the specific institution
in which the department is to place the child but instead
shall specify that the child is to be institutionalized or that
the institutionalization is to be in a secure facility if that is
required by division (A) of this section.
(2) When a juvenile court commits a delinquent child to
the custody of the department of youth services, the court shall
provide the department with the child's medical records, a copy of the report
of any mental
examination of the child ordered by the court, the section or
sections of the Revised Code violated by the child and the degree
of the violation, the warrant to convey the child to the
department, a copy of the court's journal entry ordering the
commitment of the child to the legal custody of the department, a
copy of the arrest record pertaining to the act for which the child was
adjudicated a delinquent child, a copy of any victim impact statement
pertaining to the act, and any other information concerning the child that the
department reasonably requests. The court
also shall complete the form for the standard
disposition investigation
report that is developed and furnished by the department of youth services
pursuant to section 5139.04 of the Revised Code and provide the department
with the completed form. The department may refuse to accept physical custody
of a delinquent
child who is committed to the legal custody of the department until the
court provides to the department the documents specified in
division (F)(2) of this section. No officer or employee of
the department who refuses to accept physical custody of a delinquent child
who is committed to the legal custody of the department shall be subject to
prosecution or contempt of court for the refusal if the court
fails to provide the documents specified in division (F)(2) of
this section at the time the court transfers the physical custody
of the child to the department.
(3) Within twenty working days after the department of
youth services receives physical custody of a delinquent child
from a juvenile court, the court shall provide the department
with a certified copy of the child's birth certificate or
the child's social security number, or, if the court made all reasonable
efforts to obtain the information but was unsuccessful, the court
shall provide the department with documentation of the efforts it
made to obtain the information.
(4) When a juvenile court commits a delinquent child to
the custody of the department of youth services, the court shall
give notice to the school attended by the child of the child's
commitment by sending to that school a copy of the court's
journal entry ordering the commitment. As soon as possible after
receipt of the notice described in this division, the school
shall provide the department with the child's school transcript.
However, the department shall not refuse to accept a child
committed to it, and a child committed to it shall not be held in
a county or district detention home, because of a school's failure
to provide the school transcript that it is required to provide under
division (F)(4) of this section.
(5) The department of youth services shall provide the court and the school
with an updated copy of the child's school transcript and shall
provide the court with a summary of the institutional record of
the child when it releases the child from institutional care. The department
also shall provide the court with a copy of any
portion of the child's institutional record that the court
specifically requests within five working days of the request.
(6) When a juvenile court commits a delinquent child to
the custody of the department of youth services pursuant to
division (A)(4) or (5) of this section, the court shall state in
the order of commitment the total number of days that the child
has been held, as of the date of the issuance of the order, in
detention in connection with the delinquent child complaint upon
which the order of commitment is based. The department
shall reduce the minimum period of institutionalization
or minimum period of institutionalization in a secure facility
specified in division (A)(4) or (5) of this section by both the
total number of days that the child has been so held in detention
as stated by the court in the order of commitment and the total
number of any additional days that the child has been held in
detention subsequent to the order of commitment but prior to the
transfer of physical custody of the child to the department.
(G)(1) At any hearing at which a child is adjudicated
a delinquent child or as soon as possible after the hearing, the court
shall notify all victims of the delinquent act, who may be
entitled to a recovery under any of the following sections, of
the right of the victims to recover, pursuant to section 3109.09
of the Revised Code, compensatory damages from the child's
parents; of the right of the victims to recover, pursuant to
section 3109.10 of the Revised Code, compensatory damages from
the child's parents for willful and malicious assaults committed
by the child; and of the right of the victims to recover an award
of reparations pursuant to sections 2743.51 to 2743.72 of the
Revised Code.
(2) If a child is adjudicated a
delinquent child for committing an act that, if committed by an adult, would
be aggravated murder, murder, rape, felonious sexual penetration in violation
of former section 2907.12 of the Revised Code, involuntary manslaughter, a
felony of
the first or second degree resulting in the death of or physical harm to a
person, complicity in or an attempt to commit any of those offenses, or
an offense under an existing or former law of this state that is or was
substantially equivalent to any of those offenses and if
the court in its order of disposition for that act commits the child
to the custody of the department of youth services, the court may
make a specific finding that the adjudication should be considered a
conviction for purposes of a determination in the future, pursuant to
Chapter 2929. of the Revised Code, as to whether the child is a repeat
violent offender as defined in section
2929.01 of the Revised Code. If the court makes a specific finding as
described in this division, it shall include the specific finding in its order
of disposition and in the record in the case.
(H)(1) If a child is adjudicated a delinquent child for
committing an act that would be a felony or offense of violence if
committed by
an adult, the court, prior to issuing an order of disposition
under this section, shall order the preparation of a victim
impact statement by the probation department of the county in
which the victim of the act resides, by the court's own probation
department, or by a victim assistance program that is operated by
the state, a county, a municipal corporation, or another
governmental entity. The court shall consider the victim impact
statement in determining the order of disposition to issue for
the child.
(2) Each victim impact statement shall identify the victim
of the act for which the child was adjudicated a delinquent
child, itemize any economic loss suffered by the victim as a
result of the act, identify any physical injury suffered by the
victim as a result of the act and the seriousness and permanence
of the injury, identify any change in the victim's personal
welfare or familial relationships as a result of the act and any
psychological impact experienced by the victim or the victim's
family as a result of the act, and contain any other information
related to the impact of the act upon the victim that the court
requires.
(3) A victim impact statement shall be kept confidential
and is not a public record, as defined in section 149.43 of the
Revised Code. However, the court may furnish copies of the
statement to the department of youth services pursuant to
division (F)(3) of this section or to both the adjudicated
delinquent child or the adjudicated delinquent child's counsel and the
prosecuting
attorney. The copy of a victim impact statement furnished by the court to
the department pursuant to division (F)(3) of
this section shall be kept confidential and is not a public
record, as defined in section 149.43 of the Revised Code. The copies of a
victim impact statement that are made available to
the adjudicated delinquent child or the adjudicated delinquent child's counsel
and the
prosecuting attorney pursuant to division (H)(3) of this
section shall be
returned
to the court by the person to whom they were made available
immediately following the imposition of an order of disposition
for the child under this section.
(I)(1) As used in division (I)(2) of this section, "felony drug abuse
offense" has the same meaning as in section 2925.01 of the
Revised Code.
(2) Sections 2925.41 to 2925.45 of the Revised Code apply
to children who are adjudicated or could be adjudicated by a juvenile court
to be delinquent children for an act that, if committed by an
adult, would be a felony drug abuse offense. Subject to division
(B) of section 2925.42 and division (E) of section 2925.43 of the
Revised Code, a delinquent child of that nature loses any right to the
possession of, and forfeits to the state any right, title, and
interest that the delinquent child may have in, property as defined in section
2925.41 and further described in section 2925.42 or 2925.43 of the
Revised Code.
(3)(2) Sections 2923.44 to 2923.47 of the Revised
Code apply to children who are adjudicated or could be adjudicated by
a juvenile court to be delinquent children for an act
in violation of section
2923.42 of the Revised Code. Subject to division
(B) of section 2923.44 and division (E) of section 2923.45
of the Revised Code, a delinquent child of that nature loses
any right to the possession of, and forfeits to the state any right, title,
and interest that the delinquent child may have in, property as defined in
section 2923.41 of the Revised Code and further described in
section 2923.44 or 2923.45 of the Revised Code.
(J)(1) As used in this section:
(a) "Electronic monitoring device," "certified electronic
monitoring device," "electronic monitoring system," and
"certified electronic monitoring system" have the same meanings
as in section 2929.23 of the Revised Code.
(b) "Electronically monitored house detention" means a
period of confinement of a child in the child's home or in other
premises
specified by the court, during which period of confinement all of
the following apply:
(i) The child wears, otherwise has attached to the child's person,
or otherwise is subject to monitoring by a certified electronic
monitoring device or is subject to monitoring by a certified
electronic monitoring system.
(ii) The child is required to remain in the child's home or other
premises specified by the court for the specified period of
confinement, except for periods of time during which the child is
at school or at other premises as authorized by the court.
(iii) The child is subject to monitoring by a central
system that monitors the certified electronic monitoring device
that is attached to the child's person or that otherwise is being
used to
monitor the child and that can monitor and determine the child's location at
any time or at a designated point in time, or the child is required
to
participate in monitoring by a certified electronic monitoring
system.
(iv) The child is required by the court to report
periodically to a person designated by the court.
(v) The child is subject to any other restrictions and
requirements that may be imposed by the court.
(2) A juvenile court, pursuant to division (A)(10)(11)
of this
section, may impose a period of electronically monitored house
detention upon a child who is adjudicated a delinquent child for
committing an act that, if committed by an adult, would be a
criminal offense that would qualify the adult as an eligible
offender pursuant to division (A)(3) of section 2929.23 of the
Revised Code. The court may impose a period of electronically
monitored house detention in addition to or in lieu of any other
dispositional order imposed upon the child, except that any
period of electronically monitored house detention shall not
extend beyond the child's eighteenth birthday. If a court
imposes a period of electronically monitored house detention upon
a child, it shall require the child to wear, otherwise have
attached to the child's person, or otherwise be subject to
monitoring by
a certified electronic monitoring device or to participate in the
operation of and monitoring by a certified electronic monitoring
system; to remain in the child's home or other specified premises
for the
entire period of electronically monitored house detention except
when the court permits the child to leave those premises to go to
school or to other specified premises; to be monitored by a
central system that monitors the certified electronic monitoring
device that is attached to the child's person or that otherwise is
being used to monitor the child and that can monitor and determine
the child's location at any time or at a designated point in time
or to be monitored by the certified electronic monitoring system; to
report periodically to a person designated by the court; and, in
return for receiving a dispositional order of electronically
monitored house detention, to enter into a written contract with
the court agreeing to comply with all restrictions and
requirements imposed by the court, agreeing to pay any fee
imposed by the court for the costs of the electronically
monitored house detention imposed by the court pursuant to
division (E) of section 2929.23 of the Revised Code, and agreeing
to waive the right to receive credit for any time served on
electronically monitored house detention toward the period of any
other dispositional order imposed upon the child for the act for
which the dispositional order of electronically monitored house
detention was imposed if the child violates any of the restrictions
or requirements of the dispositional order of electronically
monitored house detention. The court also may impose other reasonable
restrictions and requirements upon the child.
(3)(2) If a child violates any of the restrictions or
requirements imposed upon the child as part of the child's dispositional order
of electronically monitored house detention, the child shall not receive
credit for any time served on electronically monitored house
detention toward any other dispositional order imposed upon
the child for the act for which the dispositional order of
electronically
monitored house detention was imposed.
(K)(1) Within ten days after completion of the adjudication,
the court shall give written notice of an adjudication that a
child is a delinquent child to the superintendent of a city,
local, exempted village, or joint vocational school district, AND TO
THE PRINCIPAL OF THE SCHOOL THE CHILD ATTENDS, if
the basis of the adjudication was the commission of an act that
would be a criminal offense if committed by an adult and that,
IF THE ACT was
committed by the delinquent child when the child was sixteen
FOURTEEN
years of age or older, and if the act is any of the following:
(1) A violation of section 2923.122 of the Revised Code
that relates to property owned or controlled by, or to an
activity held under the auspices of, the board of education of
that school district
(a) AN ACT THAT WOULD BE A FELONY OR AN OFFENSE OF VIOLENCE IF
COMMITTED BY AN ADULT, AN ACT IN THE COMMISSION OF WHICH THE CHILD USED
OR BRANDISHED A FIREARM, OR AN ACT THAT IS A VIOLATION OF SECTION 2907.04,
2907.06, 2907.07, 2907.08, 2907.09, 2907.24, OR 2907.241 of the Revised Code AND THAT WOULD
BE A MISDEMEANOR IF COMMITTED BY AN ADULT;
(2)(b) A violation of section 2923.12 of the Revised Code or
of
a substantially similar municipal ordinance THAT WOULD BE A MISDEMEANOR IF
COMMITTED BY AN ADULT AND that was committed
on property owned or controlled by, or at an activity held under the auspices
of, the board of education of that school district;
(3)(c) A violation of division (A) of section 2925.03 or
2925.11 of the Revised
Code THAT WOULD BE A MISDEMEANOR IF COMMITTED BY AN ADULT, that
was committed on property owned or
controlled by, or at an activity held under the auspices of, the
board of education of that school district, and that is not a minor
drug
possession offense as defined in section 2925.01 of the Revised Code;
(4) A violation of section 2903.01, 2903.02, 2903.03,
2903.04, 2903.11, 2903.12, 2907.02, or 2907.05 of the
Revised Code, or a violation of former section 2907.12 of the Revised Code,
that was committed on property owned or controlled by, or at an activity held
under the auspices of, the board of education of that school district, if the
victim at the time of
the commission of the act was an employee of the board of
education of that school district;
(5)(d) Complicity in any violation described in division
(K)(1), (2), (3), or (4)(a) OF THIS SECTION, OR COMPLICITY
IN ANY VIOLATION DESCRIBED IN DIVISION (K)(1)(b)
OR (c) of this section that
was alleged to have been
committed in the manner described in division (K)(1), (2),
(3),(b) or (4)(c) of this section, AND
regardless of whether the
act of complicity was
committed on property owned or controlled by, or at an activity
held under the auspices of, the board of education of that school
district.
(2) THE NOTICE GIVEN PURSUANT TO DIVISION (K)(1) OF THIS
SECTION SHALL INCLUDE THE NAME OF THE CHILD WHO WAS ADJUDICATED TO BE A
DELINQUENT CHILD, THE CHILD'S AGE AT THE TIME THE CHILD COMMITTED THE ACT THAT
WAS THE BASIS OF THE ADJUDICATION, AND IDENTIFICATION OF THE VIOLATION
OF THE LAW OR ORDINANCE THAT WAS THE BASIS OF THE ADJUDICATION.
(L) During the period of a delinquent child's probation
granted
under division
(A)(2) of this section, authorized probation officers who are engaged
within the scope of their supervisory duties or responsibilities may search,
with or without a warrant, the person of the delinquent child, the place of
residence of the delinquent child, and a motor vehicle, another item of
tangible or intangible personal property, or other real property in which the
delinquent child has a right, title, or interest or for which the delinquent
child has the express or implied permission of a person with a right, title,
or
interest to use, occupy, or possess if the probation officers have reasonable
grounds to believe that the delinquent child is not abiding by the law or
otherwise is not complying with the conditions of the delinquent child's
probation. The court that places a delinquent child on probation under
division (A)(2) of this section shall provide the delinquent child with a
written notice that
informs the delinquent child that authorized probation officers who are
engaged within the scope of their supervisory duties or responsibilities may
conduct those types
of searches during the period of probation if they have reasonable grounds to
believe that the delinquent child is not abiding by the law or otherwise is
not complying with the conditions of the delinquent child's probation. The
court also shall provide the written notice described in division
(C)(2)(b) of section 2151.411 of the Revised Code to each parent, guardian, or
custodian of the delinquent child who is described in division (C)(2)(a) of
that section.
(M) AS USED IN THIS SECTION:
(1) "CERTIFIED ELECTRONIC MONITORING DEVICE," "CERTIFIED ELECTRONIC
MONITORING SYSTEM," "ELECTRONIC MONITORING DEVICE," AND "ELECTRONIC MONITORING
SYSTEM" HAVE THE SAME MEANINGS AS IN SECTION 2929.23 of the Revised Code.
(2) "ELECTRONICALLY MONITORED HOUSE DETENTION" MEANS A
PERIOD OF CONFINEMENT OF A CHILD IN THE CHILD'S HOME OR IN OTHER
PREMISES
SPECIFIED BY THE COURT, DURING WHICH PERIOD OF CONFINEMENT ALL OF
THE FOLLOWING APPLY:
(a) THE CHILD WEARS, OTHERWISE HAS ATTACHED TO THE CHILD'S
PERSON, OR OTHERWISE IS SUBJECT TO MONITORING BY A CERTIFIED ELECTRONIC
MONITORING DEVICE OR IS SUBJECT TO MONITORING BY A CERTIFIED
ELECTRONIC MONITORING SYSTEM.
(b) THE CHILD IS REQUIRED TO REMAIN IN THE CHILD'S HOME OR OTHER
PREMISES SPECIFIED BY THE COURT FOR THE SPECIFIED PERIOD OF
CONFINEMENT, EXCEPT FOR PERIODS OF TIME DURING WHICH THE CHILD IS
AT SCHOOL OR AT OTHER PREMISES AS AUTHORIZED BY THE COURT.
(c) THE CHILD IS SUBJECT TO MONITORING BY A CENTRAL
SYSTEM THAT MONITORS THE CERTIFIED ELECTRONIC MONITORING DEVICE
THAT IS ATTACHED TO THE CHILD'S PERSON OR THAT OTHERWISE IS BEING
USED TO
MONITOR THE CHILD AND THAT CAN MONITOR AND DETERMINE THE CHILD'S LOCATION AT
ANY TIME OR AT A DESIGNATED POINT IN TIME, OR THE CHILD IS REQUIRED
TO PARTICIPATE IN MONITORING BY A CERTIFIED ELECTRONIC MONITORING
SYSTEM.
(d) THE CHILD IS REQUIRED BY THE COURT TO REPORT
PERIODICALLY TO A PERSON DESIGNATED BY THE COURT.
(e) THE CHILD IS SUBJECT TO ANY OTHER RESTRICTIONS AND
REQUIREMENTS THAT MAY BE IMPOSED BY THE COURT.
(3) "FELONY DRUG ABUSE OFFENSE" AND "MINOR DRUG POSSESSION OFFENSE" HAVE
THE SAME MEANINGS AS IN SECTION 2925.01 of the Revised Code.
(4) "FIREARM" HAS THE SAME MEANING AS IN SECTION 2923.11 of the Revised Code.
(5) "SEXUALLY ORIENTED OFFENSE" HAS THE SAME MEANING AS IN SECTION 2950.01
of the Revised Code.
(6) "THEFT OFFENSE" HAS THE SAME MEANING AS IN SECTION 2913.01 of the Revised Code.
Sec. 2151.356. (A) Unless division (C) of this section
applies, if a child is adjudicated a juvenile traffic offender,
the court may make any of the following orders of disposition:
(1) Impose a fine and costs in accordance with the schedule set forth in
section 2151.3512 of the Revised Code;
(2) Suspend the child's driver's license, probationary
driver's license, or temporary instruction
permit or the registration of all motor vehicles registered in the name of
the child for the period that the court prescribes.
A child whose
license or permit is so suspended is ineligible for issuance of a license or
permit during the period of suspension. At the end of the period of
suspension, the child shall not be reissued a license or permit until the
child
has paid any applicable reinstatement fee and complied with all requirements
governing license reinstatement.
(3) Revoke the child's driver's license, probationary driver's
license, or temporary instruction permit or the registration of
all motor vehicles registered in the name of
the child. A child
whose license or permit is so revoked is ineligible for issuance of a license
or permit during the period of revocation. At the end of the period of
revocation, the child shall not be reissued a license or permit until the
child
has paid any applicable reinstatement fee and complied with all requirements
governing license reinstatement.
(4) Place the child on probation;
(5) Require the child to make restitution for all damages
caused by the child's traffic violation or any part of the
damages;
(6) If the child is adjudicated a juvenile traffic
offender for committing a violation of division (A) of
section 4511.19 of the Revised Code or of a municipal ordinance
that is substantially comparable to that division, commit the
child, for not longer than five days, to the temporary custody of
a detention home or district detention home established under
section 2151.34 of the Revised Code, or to the temporary custody
of any school, camp, institution, or other facility for children
operated in whole or in part for the care of juvenile
traffic offenders of that nature by the county, by a district organized
under section 2151.34 or 2151.65 of the Revised Code, or by a private
agency or organization within the state that is authorized and
qualified to provide the care, treatment, or placement required. If an order
of disposition committing a child to the temporary custody of a home, school,
camp, institution, or other facility of that nature is
made under division (A)(6) of this section, the length of the commitment shall
not be reduced or diminished as a credit for any time that the child
was held in a place of detention or shelter care, or otherwise
was detained, prior to entry of the order of disposition.
(7) If, after making a disposition under divisions (A)(1)
to (6) of this section, the court finds upon further hearing that
the child has failed to comply with the orders of the court and
the child's operation of a motor vehicle constitutes the
child a danger to
the child and to others, the court may make any disposition
authorized by divisions (A)(1), (A)(2), (A)(7)(10) to
(A)(10)(11), and (A)(21)(22) of
section 2151.355 of the Revised Code, except that the child may not
be committed to or placed in a secure correctional facility unless authorized
by division (A)(6) of this section, and commitment to or placement in
a detention home may not exceed twenty-four hours.
(B) If a child is adjudicated a juvenile traffic offender
for violating division (A) of section
4511.19 of the Revised Code, the court shall suspend or revoke
the temporary instruction permit, probationary driver's
license, or driver's license
issued to the child for a period of time prescribed by the
court or, at the discretion of the court, until the
child attends and satisfactorily completes a drug abuse or alcohol abuse
education, intervention, or treatment program specified by the court. During
the time the child is attending the program, the court shall retain any
temporary instruction permit, probationary driver's
license, or driver's license issued to the child and shall return the
permit or
license when the child satisfactorily completes the program. If
a child is adjudicated a juvenile traffic offender for
violating division (B) of section 4511.19 of the
Revised Code, the court shall suspend the temporary instruction
permit, probationary driver's license, or driver's
license issued to the child for a period of
not less than sixty days nor more than two years.
(C) If a child is adjudicated a juvenile traffic offender
for violating division (B)(1) or (2) of section 4513.263 of
the Revised Code, the court shall impose the appropriate fine set
forth in section 4513.99 of the Revised Code. If a child is
adjudicated a juvenile traffic offender for violating
division (B)(3) of section 4513.263 of the Revised Code and if
the
child is sixteen years of age or older, the court shall impose
the fine set forth in division (G) of section 4513.99 of the
Revised Code. If a child is adjudicated a juvenile traffic
offender for violating division (B)(3) of section 4513.263
of the Revised Code and if the child is under sixteen years of age,
the court shall not impose a fine but may place the child on
probation.
(D) A juvenile traffic offender is subject to sections
4509.01 to 4509.78 of the Revised Code.
Sec. 2151.358. (A) As used in this section, "seal a
record" means to remove a record from the main file of similar
records and to secure it in a separate file that contains only
sealed records and that is accessible only to the juvenile court.
A record that is sealed shall be destroyed by all persons and
governmental bodies except the juvenile court.
(B) The department of youth services and any other
institution or facility that unconditionally discharges a person
who has been adjudicated a delinquent child, an unruly
child, or a juvenile traffic offender shall
immediately give notice of the discharge to the court that
committed the person. The court shall note the date of discharge
on a separate record of discharges of those natures.
(C)(1)(a) Two years after the termination of any order made by
the court or two years after the unconditional discharge of a
person from the department of youth services or another
institution
or facility to which the person may have been committed, the
court that issued the order or committed the person shall do one
WHICHEVER of the following IS APPLICABLE:
(a)(i) If the person was adjudicated an unruly child, order
the record of the person sealed;
(b)(ii) If the person was adjudicated a delinquent child
FOR COMMITTING AN ACT OTHER THAN A VIOLATION OF SECTION
2903.01, 2903.02, 2907.02, 2907.03, OR 2907.05 of the Revised Code or WAS
ADJUDICATED a juvenile traffic offender,
either order the record of the person sealed or send the person
notice of the person's right to have the that
record sealed.
(b) DIVISION (C)(1)(a) OF THIS SECTION
DOES NOT APPLY REGARDING A PERSON WHO WAS ADJUDICATED A DELINQUENT CHILD FOR
COMMITTING A VIOLATION
OF SECTION 2903.01, 2903.02, 2907.02, 2907.03, OR 2907.05 of the Revised Code.
(2) The court shall send the notice described in division
(C)(1)(b)(a)(ii) of this section within ninety days after
the expiration of the two-year period described in division (C)(1)(a)
of this section by certified mail, return receipt
requested, to the
the person's last known address. The notice shall state that
the person may apply to the court for an order to seal the person's
record, explain what sealing a record means, and explain the
possible consequences of not having the person's record sealed.
(D)(1) At any time after the two-year period described in division
(C)(1)(a) of this section has elapsed, any
person who has been adjudicated a delinquent child
FOR COMMITTING AN ACT OTHER THAN A VIOLATION OF SECTION 2903.01, 2903.02,
2907.02, 2907.03, OR 2907.05 of the Revised Code or WHO HAS BEEN ADJUDICATED a
juvenile traffic offender may
apply to the court for an order to seal the person's record.
The court
shall hold a hearing on each application within sixty days after
the application is received. Notice of the hearing on the
application shall be given to the prosecuting attorney and to any
other public office or agency known to have a record of the prior
adjudication. If the court finds that the rehabilitation of the
person who was adjudicated a delinquent child or a juvenile traffic
offender has been attained
to a satisfactory degree, the court may order the record of the
person sealed.
(2) DIVISION (D)(1) OF THIS SECTION DOES NOT APPLY
REGARDING A PERSON WHO WAS ADJUDICATED A DELINQUENT CHILD FOR COMMITTING A
VIOLATION OF SECTION 2903.01, 2903.02, 2907.02, 2907.03, OR 2907.05 of the Revised Code.
(E)(1) If the court orders the adjudication record of a
person sealed pursuant to division (C) or (D) of this section,
the court, EXCEPT AS PROVIDED IN DIVISION (K) OF THIS
SECTION, shall order that the proceedings in the case in which
the person was adjudicated a juvenile traffic offender, a delinquent
child, or an unruly child be deemed
never to have occurred. All EXCEPT AS PROVIDED IN DIVISION
(G)(2) OF THIS SECTION, ALL index references to the case and the
person shall be deleted, and the person and the court
properly may reply that no record exists with respect to the person
upon any
inquiry in the matter. Inspection
(2) INSPECTION of records that have been
ordered sealed UNDER DIVISION (E)(1) OF THIS SECTION may be
permitted by the court only upon
MADE ONLY BY THE FOLLOWING PERSONS OR FOR THE FOLLOWING PURPOSES:
(a) IF THE RECORDS IN QUESTION PERTAIN TO AN ACT THAT WOULD BE AN
OFFENSE OF VIOLENCE THAT WOULD BE A FELONY IF COMMITTED BY AN ADULT, BY
ANY LAW ENFORCEMENT OFFICER OR ANY PROSECUTOR, OR THE ASSISTANTS OF A
LAW ENFORCEMENT OFFICER OR PROSECUTOR, FOR ANY VALID LAW
ENFORCEMENT OR PROSECUTORIAL PURPOSE;
(b) UPON
application by the person who is the subject of the sealed
records and only, by the persons that are named in the
that
application.
(F) Any person who has been arrested and charged with
being a delinquent child or a juvenile traffic offender and who
is adjudicated not guilty of
the charges in the case or has the charges
in the case dismissed may apply to the court for an
expungement of the record in the case. The application may
be filed at any time after the person is adjudicated not guilty or the charges
against the person are dismissed. The court shall
give notice to the prosecuting attorney of any hearing on the
application. The court may initiate the expungement proceedings
on its own motion.
Any person who has been arrested and charged with being an
UNRULY CHILD and who is adjudicated not guilty of the charges
in the case or has the charges in the
case dismissed may apply to the court for an expungement of
the record in the case. The court shall initiate the expungement proceedings
on
its own motion if an application for expungement is not filed.
If the court upon receipt of an application for expungement
or upon its own motion determines that the charges against any
person in any case were dismissed or that any person was
adjudicated not guilty in any case, the court shall order that
the records of the case be expunged and that the proceedings in
the case be deemed never to have occurred. If the applicant for
the expungement order, with the written consent of the applicant's
parents or
guardian if the applicant is a minor and with the written approval
of the
court, waives in writing the applicant's right to bring any civil
action
based on the arrest for which the expungement order is applied,
the court shall order the appropriate persons and governmental
agencies to delete all index references to the case; destroy or
delete all court records of the case; destroy all copies of any
pictures and fingerprints taken of the person pursuant to the
expunged arrest; and destroy, erase, or delete any reference to
the arrest that is maintained by the state or any political
subdivision of the state, except a record of the arrest that is
maintained for compiling statistical data and that does not
contain any reference to the person.
If the applicant for an expungement order does not waive in
writing the right to bring any civil action based on the arrest
for which the expungement order is applied, the court, in
addition to ordering the deletion, destruction, or erasure of all
index references and court records of the case and of all
references to the arrest that are maintained by the state or any
political subdivision of the state, shall order that a copy of all
records of the case, except fingerprints held by the court or a
law enforcement agency, be delivered to the court. The court
shall seal all of the records delivered to the court in a
separate file in which only sealed records are maintained. The
sealed records shall be kept by the court until the statute of
limitations expires for any civil action based on the arrest, any
pending litigation based on the arrest is terminated, or the
applicant files a written waiver of the right to bring a civil
action based on the arrest. After the expiration of the statute
of limitations, the termination of the pending litigation, or the
filing of the waiver, the court shall destroy the sealed records.
After the expungement order has been issued, the court
shall, and the person may properly, reply that no record of the
case with respect to the person exists.
(G)(1) The court shall send notice of the order to expunge or
seal to any public office or agency that the court has reason to
believe may have a record of the expunged or sealed record.
Except as provided in division (K) of this section, an order to
seal or expunge under this section applies to every public office
or agency that has a record of the prior adjudication or arrest,
regardless of whether it receives notice of the hearing on the
expungement or sealing of the record or a copy of the order to
expunge or seal the record. Except as provided in division (K)
of this section, upon the written request of a person whose
record has been expunged or sealed and the presentation of a copy
of the order to expunge or seal, a public office or agency shall
destroy its record of the prior adjudication or arrest, except a
record of the adjudication or arrest that is maintained for
compiling statistical data and that does not contain any
reference to the person who is the subject of the order to
expunge or seal.
(2) THE PERSON, OR THE PUBLIC OFFICE OR AGENCY, THAT MAINTAINS
SEALED RECORDS PERTAINING TO AN ADJUDICATION OF A CHILD AS A DELINQUENT CHILD
MAY MAINTAIN A MANUAL OR COMPUTERIZED
INDEX TO THE SEALED RECORDS. THE INDEX SHALL CONTAIN ONLY THE NAME OF, AND
ALPHANUMERIC IDENTIFIERS THAT RELATE
TO, THE PERSONS WHO ARE THE SUBJECT OF THE SEALED RECORDS, THE
WORD "SEALED," AND THE NAME OF THE PERSON, OR THE PUBLIC OFFICE OR
AGENCY THAT HAS CUSTODY OF THE SEALED RECORDS AND SHALL NOT
CONTAIN THE NAME OF THE DELINQUENT ACT COMMITTED. THE PERSON WHO HAS CUSTODY
OF THE SEALED RECORDS SHALL MAKE THE INDEX AVAILABLE ONLY FOR THE
PURPOSES SET FORTH IN DIVISIONS (E)(2) AND
(H) OF THIS SECTION.
(H) The judgment rendered by the court under this chapter
shall not impose any of the civil disabilities ordinarily imposed
by conviction of a crime in that the child is not a criminal by
reason of the adjudication. No child and no CHILD
shall be charged with or
convicted of a crime in any court except as provided by this
chapter. The disposition of a child under the judgment rendered
or any evidence given in court shall not operate to disqualify a
child in any future civil service examination, appointment, or
application. Evidence of a judgment rendered and the disposition
of a child under the judgment is not admissible to impeach
the
credibility of the child in any action or proceeding. Otherwise,
the disposition of a child under the judgment rendered or any
evidence given in court is admissible as evidence for or against
the child in any action or proceeding in any court in accordance
with the Rules of Evidence and also may be considered by any
court as to the matter of sentence or to the granting of
probation, and a court may consider the judgment rendered and the disposition
of a child under that judgment for purposes of determining whether the child,
for a future criminal conviction or guilty plea, is a repeat violent offender,
as defined in section 2929.01 of the Revised Code.
(I) In any application for employment, license, or other
right or privilege, any appearance as a witness, or any other
inquiry, a person may not be questioned with respect to any
arrest for which the records were expunged. If an inquiry is
made in violation of this division, the person may respond as if
the expunged arrest did not occur, and the person shall not be
subject to any adverse action because of the arrest or the
response.
(J) An officer or employee of the state or any of its
political subdivisions who knowingly releases, disseminates, or
makes available for any purpose involving employment, bonding,
licensing, or education to any person or to any department,
agency, or other instrumentality of the state or of any of its
political subdivisions any information or other data concerning
any arrest, complaint, trial, hearing, adjudication, or
correctional supervision, the records of which have been expunged
or sealed pursuant to this section AND THE RELEASE, DISSEMINATION, OR
MAKING AVAILABLE OF WHICH IS NOT EXPRESSLY PERMITTED BY THIS SECTION, is
guilty of divulging
confidential information, a misdemeanor of the fourth degree.
(K) Notwithstanding any provision of this section that
requires otherwise, a board of education of a city, local,
exempted village, or joint vocational school district that
maintains records of an individual who has been permanently
excluded under sections 3301.121 and 3313.662 of the Revised Code
is permitted to maintain records regarding an adjudication that
the individual is a delinquent child that was used as the basis
for the individual's permanent exclusion, regardless of a court
order to seal the record. An order issued under this section to
seal the record of an adjudication that an individual is a
delinquent child does not revoke the adjudication order of the
superintendent of public instruction to permanently exclude the
individual who is the subject of the sealing order. An order
issued under this section to seal the record of an adjudication
that an individual is a delinquent child may be presented to a
district superintendent as evidence to support the contention
that the superintendent should recommend that the permanent
exclusion of the individual who is the subject of the sealing
order be revoked. Except as otherwise authorized by this
division and sections 3301.121 and 3313.662 of the Revised Code,
any school employee in possession of or having access to the
sealed adjudication records of an individual that were the basis
of a permanent exclusion of the individual is subject to division
(J) of this section.
Sec. 2151.359. (A)(1) In any proceeding wherein IN
WHICH a child has been adjudged ADJUDICATED A delinquent,
unruly, abused, neglected, or dependent CHILD, on the application of a
party, or ON the court's own motion, the court
may make an order restraining or otherwise controlling the
conduct of any parent, guardian, or other custodian in the
relationship of such THAT individual to the child if the court
finds that such an BOTH OF THE FOLLOWING:
(a) AN order OF THAT NATURE is necessary to:
(A) Control CONTROL any conduct or relationship that will be
detrimental or harmful to the child;
(B) Where such.
(b) THAT conduct or relationship will tend to defeat
the execution of the order of disposition made or to be made.
Due (2) THE COURT SHALL GIVE DUE
notice of the application or motion and, the grounds
therefor FOR THE APPLICATION OR MOTION, and an opportunity to be
heard shall be given to the
person against whom such AN order UNDER THIS DIVISION is
directed.
(B) THE AUTHORITY TO MAKE AN ORDER UNDER DIVISION (A) OF
THIS
SECTION AND ANY ORDER MADE UNDER THAT AUTHORITY IS IN ADDITION TO THE
AUTHORITY TO MAKE AN ORDER PURSUANT TO DIVISION
(C)(2) OF SECTION 2151.354 OR DIVISION
(A)(23)(b) OF SECTION 2151.355 OF THE
REVISED CODE AND TO ANY ORDER MADE UNDER EITHER
DIVISION.
Sec. 2151.3512. If a child is adjudicated a
delinquent child or is adjudicated a juvenile traffic offender,
the court may make an order of disposition of the child under
division (A)(8)(a) of section 2151.355 or under division
(A)(1) of section 2151.356 of the Revised
Code, whichever is applicable, by imposing a fine and
costs in accordance with the following schedule:
(A) If the child was adjudicated a delinquent
child or a juvenile traffic offender for committing an act that
would be a minor misdemeanor or an unclassified misdemeanor if
committed by an adult, a fine not to exceed fifty dollars and
costs;
(B) If the child was adjudicated a delinquent
child or a juvenile traffic offender for committing an act that
would be a misdemeanor of the fourth degree if committed by an
adult, a fine not to exceed seventy-five dollars and costs;
(C) If the child was adjudicated a delinquent
child or a juvenile traffic offender for committing an act that
would be a misdemeanor of the third degree if committed by an
adult, a fine not to exceed one hundred twenty-five dollars and
costs;
(D) If the child was adjudicated a delinquent
child or a juvenile traffic offender for committing an act that
would be a misdemeanor of the second degree if committed by an
adult, a fine not to exceed one hundred seventy-five dollars and
costs;
(E) If the child was adjudicated a delinquent
child or a juvenile traffic offender for committing an act that
would be a misdemeanor of the first degree if committed by an
adult, a fine not to exceed two hundred twenty-five dollars and
costs;
(F) If the child was adjudicated a delinquent
child or a juvenile traffic offender for committing an act that
would be a felony of the fifth degree or an unclassified
felony
if committed by an adult, a fine not to exceed three hundred
dollars and costs;
(G) If the child was adjudicated a delinquent
child or a juvenile traffic offender for committing an act that
would be a felony of
the fourth degree if committed by an adult, a fine not to
exceed four hundred dollars and costs;
(H) If the child was adjudicated a delinquent child or a juvenile traffic
offender for committing an act that would be a felony of the third degree if
committed by an adult, a fine not to exceed seven hundred fifty dollars and
costs;
(I) If the child was adjudicated a delinquent
child or a juvenile traffic offender for committing an act that
would be a felony of
the second degree if committed by an adult, a fine not to exceed
one thousand dollars and costs;
(J) If the child was adjudicated a delinquent
child or a juvenile traffic offender for committing an act that
would be a felony of
the first degree if committed by an adult, a fine not to exceed
one thousand four hundred fifty dollars and costs;
(K) If the child was adjudicated a delinquent
child for committing an act that would be
aggravated murder or murder if committed by an adult, a fine not
to exceed one thousand eight hundred dollars and costs.
Sec. 2151.47. Any adult WHO IS arrested OR CHARGED under
sections 2151.01 to 2151.54, inclusive, of the Revised Code, ANY
PROVISION IN THIS CHAPTER may demand a trial by
jury, or the juvenile judge upon his THE JUDGE'S own motion may
call a jury.
A demand for a jury trial must SHALL be made in writing in not
less than three days before the date set for trial, or within three
days after counsel has been retained, whichever is later.
Sections 2945.17 and 2945.22 2945.23 to 2945.36,
inclusive, of the Revised Code, relating to the drawing and impaneling of
jurors in
criminal cases in the court of common pleas, other than in
capital cases, shall apply to such A jury trial UNDER THIS
SECTION. The compensation
of jurors and costs of the clerk and sheriff shall be taxed and
paid IN THE SAME MANNER as in criminal cases in the court of common
pleas.
Sec. 2901.07. (A) As used in this section:
(1) "DNA analysis" and "DNA specimen" have the same
meanings as in section 109.573 of the Revised Code.
(2) "Jail" and "community-based correctional facility" have the
same meanings as in section 2929.01 of the Revised Code.
(3) "Post-release control" has the same meaning as in section
2967.01
of the Revised Code.
(B)(1) A person who is convicted of or pleads
guilty to a felony offense listed in division
(D) of this section and who is
sentenced to a prison term or to a community residential sanction in a jail
or community-based correctional facility pursuant to section 2929.16 of the
Revised Code, and
a person who is convicted of or pleads guilty to a misdemeanor offense listed
in division (D) of this section and who is sentenced to a term of
imprisonment shall submit to a
DNA specimen collection
procedure administered by the director of rehabilitation and
correction or the chief administrative officer of the jail or other
detention facility in which the person is serving the
term of imprisonment. If the person serves the prison
term in a state correctional institution, the
director of rehabilitation and correction shall cause the
DNA specimen to be collected from the person during the intake
process at the reception
facility designated by the director. If the person serves the
community residential sanction or term of imprisonment in a jail, a
community-based correctional facility, or another county, multicounty,
municipal,
municipal-county, or multicounty-municipal detention facility, the chief
administrative officer of the jail,
community-based correctional facility, or detention
facility shall cause the
DNA specimen to be collected from the person during the intake
process at the jail, community-based correctional facility, or
detention facility. In accordance with
division (C) of this section, the director or
the chief administrative officer shall cause the
DNA specimen to be forwarded to the bureau of criminal identification
and investigation no later than fifteen days after the date of the collection
of the DNA specimen. The DNA specimen shall be collected in
accordance with division (C) of this section.
(2) If a person is convicted of or pleads guilty to
an offense listed in division (D) of this section, is
serving
a prison term, community residential sanction, or term of imprisonment
for that offense, and does not provide a DNA
specimen pursuant to division (B)(1) of this section, prior to the person's
release from the prison term, community residential sanction, or
imprisonment, the
person shall submit to, and the director of rehabilitation and
correction or the chief administrative officer of the jail, community-based
correctional facility, or detention facility in which the person is serving
the
prison term, community residential sanction, or term of imprisonment
shall administer, a DNA specimen collection
procedure at the state correctional institution, jail, community-based
correctional facility, or detention facility in which the person is serving
the prison term, community
residential sanction, or term of imprisonment. In
accordance with division
(C) of this section, the director or
the chief administrative officer shall cause the DNA specimen to be
forwarded to the
bureau of criminal identification and investigation no later than fifteen days
after the date of the collection of the DNA specimen. The
DNA specimen shall be collected in accordance with division (C)
of this section.
(3) If a person serving a prison term or community
residential sanction for a felony is released on parole,
under transitional control, or
on another type of release or is on post-release control,
if the person is
under the supervision of the adult parole
authority, if the person is returned to a jail, community-based
correctional facility, or state correctional institution for a violation
of
the terms and conditions of the parole,
transitional control, other
release, or post-release control, if the person was or will be serving
a prison term or community residential
sanction for
committing an offense listed in division
(D) of this section, and if the person did
not provide a DNA specimen
pursuant to division (B)(1) or
(2) of this section, the person shall submit to, and the
director of rehabilitation and correction or the chief administrative
officer of the jail or community-based correctional facility shall
administer, a DNA
specimen collection
procedure at the jail, community-based correctional facility, or state
correctional institution in which the person is serving
the prison term or community residential
sanction. In accordance with
division (C) of this section,
the director or the chief
administrative officer shall cause the
DNA specimen to be forwarded to
the bureau of criminal identification and investigation no later
than fifteen days after the date of the collection of the
DNA specimen. The DNA specimen shall be collected from the
person in accordance with division
(C) of this section.
(C) A physician, registered
nurse, licensed practical nurse, duly licensed clinical laboratory technician,
or other qualified medical practitioner shall collect in a medically approved
manner the DNA specimen required to be collected pursuant to division
(B) of this section. No later than fifteen days after the date of
the collection of the DNA specimen, the director of rehabilitation
and correction or the chief administrative officer of the jail,
community-based correctional facility, or other county, multicounty,
municipal, municipal-county, or multicounty-municipal detention facility,
in which the person is serving the prison term,
community residential sanction, or term of imprisonment
shall cause the DNA specimen to be forwarded to the bureau of
criminal identification and investigation in accordance with procedures
established by the superintendent
of the bureau under division (H) of section 109.573 of the
Revised Code. The bureau shall provide the
specimen vials, mailing tubes, labels, postage, and instructions needed for
the collection and forwarding of the DNA specimen to the bureau.
(D) The director of rehabilitation and correction and the chief
administrative officer of the jail, community-based correctional facility,
or other county, multicounty, municipal,
municipal-county, or multicounty-municipal detention facility shall cause a
DNA specimen to be collected in
accordance
with divisions (B) and (C) of this section from a person in
its custody who is convicted of or pleads guilty to
any of the
following offenses:
(1) A violation of section 2903.01, 2903.02, 2903.03, 2903.11,
2905.01, 2905.02, 2905.11, 2907.02, 2907.03, 2907.04,
2907.05, or 2909.02, 2909.03, 2911.01, 2911.02,
2911.11, OR 2911.12 of the Revised Code;
(2) A violation of section 2907.12 of the Revised Code as it existed prior to
September 3, 1996;
(3) An attempt to commit a violation of section 2907.02,
2907.03, 2907.04, or 2907.05 of the Revised Code
or to commit a violation of section 2907.12 of the Revised Code as it existed
prior to September 3, 1996;
(4) A violation of any law that arose out of the same
facts and
circumstances and
same act as did a charge against the person of a violation of section
2903.01, 2903.02, 2903.03, 2903.11, 2905.01,
2905.02, 2905.11, 2907.02, 2907.03, 2907.04, 2907.05, or
2909.02, 2909.03, 2911.01, 2911.02, 2911.11, OR
2911.12 of the
Revised Code
that previously was dismissed or amended or as did a charge against the
person of a
violation of section 2907.12 of the Revised Code
as it existed prior to September 3,
1996, that previously was dismissed or amended;
(5) A violation of section 2905.02 or 2919.23 of the
Revised Code that would
have been a
violation of section 2905.04 of the Revised Code as it existed prior to July
1,
1996, had it been committed prior to that date;
(6) A sexually oriented offense, as defined in section
2950.01 of the
Revised Code, if, in relation to that offense, the offender
has been adjudicated as being a sexual predator, as defined in
section 2950.01 of the Revised Code.
(E) The director of rehabilitation and correction or a chief
administrative officer of a jail, community-based correctional facility, or
other detention facility described
in division (B) of this section
is not required to comply with this section until the superintendent of the
bureau of criminal identification and investigation gives agencies in the
criminal justice system, as defined in section 181.51 of the Revised Code, in
the state official notification that the state DNA laboratory is
prepared to accept DNA specimens.
Sec. 3321.14. Notwithstanding division (D) of section 3311.19 and division
(D) of section 3311.52 of the Revised Code, the provisions of this section
and sections 3321.15 to 3321.22 3321.21 of the Revised Code
that apply to a city
school district or its superintendent do not apply to any joint vocational or
cooperative education school district or its superintendent unless otherwise
specified.
The board of education of every city school district and of every exempted
village school district shall employ an attendance officer, and may employ or
appoint such ANY assistants as THAT the board
deems advisable. In cities of one
hundred thousand population or over, the board may appoint, subject to the
nomination of the superintendent of schools, one or more pupil-personnel
workers and make provision for the traveling expenses within the school
district of such THOSE employees.
Sec. 3321.18. The attendance officer provided for by
section 3321.14 or 3321.15 of the Revised Code shall institute
proceedings against any officer, parent, guardian, or other
person violating laws relating to compulsory education and the
employment of minors, and otherwise discharge the duties
described in sections 3321.14 to 3321.22 3321.21 of the
Revised Code, and
perform such ANY other service as THAT the
superintendent of schools or
board of education of the district by which he THE ATTENDANCE
OFFICER is employed considers necessary to preserve the morals and secure
the good conduct of school children, and to enforce such THOSE
laws.
The attendance officer shall be furnished with copies of
the enumeration in each school district in which he THE ATTENDANCE
OFFICER serves and of the lists of pupils enrolled in the schools and
shall report to the superintendent discrepancies between these lists and the
enumeration.
The attendance officer and assistants shall cooperate with
the bureau of employment services in enforcing the laws
relating to the employment of minors. The attendance officer
shall furnish upon request such ANY data as he THAT
THE ATTENDANCE OFFICER and his THE ATTENDANCE OFFICER'S
assistants have collected in their reports of children from six to eighteen
years of age and also concerning employers to the bureau and
upon request to the state board of education. The attendance
officer must SHALL keep a record of his THE ATTENDANCE
OFFICER'S transactions for the inspection and information of the
superintendent of schools and the board of
education; and shall make reports to the superintendent of
schools as often as required by him THE SUPERINTENDENT. The
state board of education may prescribe forms for the use of attendance
officers in the performance of their duties. The blank forms and record
books or indexes shall be furnished to the attendance officers by
the boards of education by which they are employed.
Sec. 3321.19. (A) AS USED IN THIS SECTION AND SECTION 3321.191 OF THE
REVISED CODE, "HABITUAL TRUANT" AND "CHRONIC TRUANT" HAVE
THE SAME MEANINGS AS IN SECTION 2151.011 OF THE REVISED
CODE.
(B) When a board of education
OF ANY CITY, EXEMPTED VILLAGE, LOCAL, JOINT VOCATIONAL, OR COOPERATIVE
EDUCATION SCHOOL DISTRICT OR THE GOVERNING BOARD OF ANY EDUCATIONAL SERVICE
CENTER determines
that a student in its district has been truant and the parent,
guardian, or other person having care of the child has failed to
cause the student's attendance AT SCHOOL, the board may require the
parent,
guardian, or other person having care of the child pursuant to
division (B) of this section to attend an educational program
established pursuant to rules adopted by the state board of
education for the purpose of encouraging parental involvement in
compelling the attendance of the child AT SCHOOL.
No parent, GUARDIAN, OR OTHER PERSON HAVING CARE OF A CHILD
shall fail without good cause to attend such a AN
EDUCATIONAL program when DESCRIBED IN THIS DIVISION IF THE
PARENT, GUARDIAN, OR OTHER PERSON HAS BEEN served notice pursuant to
division (B)(C)
of this
section.
(B)(C) On the request of the superintendent of schools
or, THE
SUPERINTENDENT OF ANY EDUCATIONAL SERVICE CENTER, the
board of education OF ANY CITY, EXEMPTED VILLAGE, LOCAL, JOINT VOCATIONAL,
OR COOPERATIVE EDUCATION SCHOOL DISTRICT, OR THE GOVERNING BOARD OF ANY
EDUCATIONAL SERVICE CENTER or when it otherwise comes to his
THE notice
OF THE ATTENDANCE OFFICER OR OTHER APPROPRIATE OFFICER OF THE SCHOOL
DISTRICT, the attendance officer OR OTHER APPROPRIATE OFFICER shall
examine into any case of supposed truancy within his THE
district, and SHALL warn the child, if found truant, and
his
THE CHILD'S parent,
guardian, or other person in charge HAVING CARE of him
THE CHILD, in
writing, of the legal consequences of truancy if persisted
in BEING AN HABITUAL OR CHRONIC TRUANT. When any child
of compulsory school age, in violation of law, is not attending school, the
attendance OR OTHER APPROPRIATE officer shall notify the parent,
guardian, or other person in
charge HAVING CARE of such THAT child of the
fact, and require such THE parent, guardian, or other person to
cause
the child to attend school forthwith; and the IMMEDIATELY. THE
parent, guardian,
or other person in charge HAVING CARE of the child shall cause
such THE child's
attendance at school. Upon the failure of the parent, guardian,
or other person in charge HAVING CARE of the child to do so, the
attendance OFFICER OR OTHER APPROPRIATE officer shall either make
complaint against the parent, guardian,
or other person in charge of the child in any court of competent
jurisdiction or, if so directed by the superintendent
or, THE district
board, OR THE EDUCATIONAL SERVICE CENTER GOVERNING BOARD, SHALL send
notice requiring such person's THE attendance OF THAT PARENT,
GUARDIAN, OR OTHER PERSON at a
parental education program established pursuant to division
(A)(B)
of this section AND, SUBJECT TO DIVISIONS (D) AND (E) OF
THIS SECTION, MAY FILE A COMPLAINT AGAINST THE PARENT, GUARDIAN, OR OTHER
PERSON HAVING CARE OF THE CHILD IN ANY COURT OF COMPETENT JURISDICTION.
(D) UPON THE FAILURE OF THE PARENT, GUARDIAN, OR OTHER PERSON
HAVING CARE OF THE CHILD TO CAUSE THE CHILD'S ATTENDANCE AT
SCHOOL, IF THE CHILD IS CONSIDERED AN HABITUAL TRUANT, THE BOARD OF EDUCATION
OF THE SCHOOL DISTRICT OR THE
GOVERNING BOARD OF THE EDUCATIONAL SERVICE CENTER SHALL DO EITHER OR BOTH OF
THE FOLLOWING:
(1) TAKE ANY APPROPRIATE ACTION AS AN INTERVENTION STRATEGY
CONTAINED IN THE POLICY DEVELOPED BY THE BOARD PURSUANT TO SECTION
3321.191 OF THE REVISED CODE;
(2) FILE A COMPLAINT IN THE
JUVENILE
COURT OF THE COUNTY IN WHICH THE CHILD HAS A RESIDENCE OR LEGAL SETTLEMENT OR
IN WHICH THE CHILD IS SUPPOSED TO ATTEND SCHOOL JOINTLY AGAINST THE CHILD AND
THE PARENT, GUARDIAN, OR OTHER PERSON HAVING CARE OF THE CHILD. A
COMPLAINT FILED IN THE JUVENILE COURT UNDER THIS DIVISION SHALL
ALLEGE THAT THE CHILD IS AN UNRULY CHILD FOR BEING AN HABITUAL
TRUANT OR IS A DELINQUENT CHILD FOR BEING AN HABITUAL TRUANT WHO PREVIOUSLY
HAS
BEEN ADJUDICATED AN UNRULY CHILD FOR BEING AN HABITUAL TRUANT AND THAT THE
PARENT, GUARDIAN, OR OTHER PERSON HAVING CARE
OF THE CHILD HAS VIOLATED SECTION 3321.38 OF THE REVISED
CODE.
(E) UPON THE FAILURE OF THE PARENT, GUARDIAN, OR OTHER PERSON
HAVING CARE OF THE CHILD TO CAUSE THE CHILD'S ATTENDANCE AT SCHOOL, IF THE
CHILD IS CONSIDERED A
CHRONIC TRUANT, THE BOARD OF EDUCATION OF THE SCHOOL DISTRICT OR THE GOVERNING
BOARD OF THE
EDUCATIONAL SERVICE CENTER SHALL
FILE A COMPLAINT IN THE
JUVENILE COURT OF THE COUNTY IN WHICH THE CHILD HAS A RESIDENCE OR
LEGAL SETTLEMENT OR IN WHICH THE CHILD IS SUPPOSED TO ATTEND
SCHOOL JOINTLY AGAINST THE CHILD AND THE PARENT, GUARDIAN, OR
OTHER PERSON HAVING CARE OF THE CHILD. A COMPLAINT FILED IN THE JUVENILE
COURT UNDER THIS DIVISION SHALL ALLEGE
THAT THE CHILD IS A DELINQUENT CHILD FOR BEING A CHRONIC TRUANT AND THAT THE
PARENT, GUARDIAN, OR OTHER PERSON HAVING CARE
OF THE CHILD HAS VIOLATED SECTION 3321.38 OF THE REVISED
CODE.
Sec. 3321.191. (A) NO LATER THAN AUGUST 31, 2000, THE
BOARD OF
EDUCATION OF EACH CITY, EXEMPTED VILLAGE, LOCAL, JOINT VOCATIONAL, AND
COOPERATIVE EDUCATION SCHOOL DISTRICT AND THE GOVERNING BOARD OF
EACH EDUCATIONAL SERVICE CENTER SHALL ADOPT A POLICY TO GUIDE
EMPLOYEES OF THE SCHOOL DISTRICT OR SERVICE CENTER IN ADDRESSING AND
AMELIORATING
THE ATTENDANCE PRACTICE OF ANY PUPIL WHO IS AN HABITUAL TRUANT. IN DEVELOPING
THE POLICY, THE APPROPRIATE BOARD SHALL CONSULT WITH THE JUDGE OF THE JUVENILE
COURT OF THE COUNTY OR COUNTIES IN WHICH THE DISTRICT OR SERVICE CENTER IS
LOCATED,
WITH THE PARENTS, GUARDIANS, OR OTHER PERSONS HAVING CARE OF THE PUPILS
ATTENDING SCHOOL IN THE DISTRICT, AND WITH APPROPRIATE STATE AND LOCAL
AGENCIES. THE BOARD SHALL INCORPORATE INTO THE POLICY AS AN
INTERVENTION STRATEGY THE ASSIGNMENT OF AN HABITUAL TRUANT TO AN
ALTERNATIVE SCHOOL PURSUANT TO SECTION 3313.533 OF THE REVISED
CODE IF AN ALTERNATIVE SCHOOL HAS BEEN
ESTABLISHED BY THE BOARD UNDER THAT SECTION.
(B) THE POLICY DEVELOPED UNDER DIVISION (A) OF THIS
SECTION MAY
INCLUDE AS AN INTERVENTION STRATEGY ANY OF THE FOLLOWING ACTIONS, IF
APPROPRIATE:
(1) PROVIDING COUNSELING FOR AN HABITUAL TRUANT;
(2) REQUESTING OR REQUIRING A PARENT, GUARDIAN, OR OTHER PERSON
HAVING CARE OF AN HABITUAL TRUANT TO ATTEND PARENTAL INVOLVEMENT
PROGRAMS, INCLUDING PROGRAMS ADOPTED UNDER SECTION 3313.472 OR 3313.663
OF THE REVISED CODE;
(3) NOTIFICATION OF THE REGISTRAR OF MOTOR VEHICLES UNDER SECTION
3321.13 OF THE REVISED CODE;
(4) TAKING LEGAL ACTION UNDER SECTION 2919.222, 3321.20, OR
3321.38 OF THE REVISED CODE.
(C) NOTHING IN THIS SECTION SHALL BE CONSTRUED TO LIMIT THE DUTY
OR AUTHORITY OF A DISTRICT BOARD OF EDUCATION OR GOVERNING BODY OF
AN EDUCATIONAL SERVICE CENTER TO DEVELOP OTHER POLICIES RELATED TO
TRUANCY OR TO LIMIT THE DUTY OR AUTHORITY OF ANY EMPLOYEE OF THE
SCHOOL DISTRICT OR SERVICE CENTER TO RESPOND TO PUPIL TRUANCY.
Sec. 3321.20. When any child, in violation of section 3321.08 or 3321.09 of
the Revised Code, is not attending a part-time school or class, the
attendance officer shall warn the child and his THE CHILD'S
parent,
guardian, or other person in charge of him THE CHILD in writing
of the legal consequences of his THE CHILD'S failure to attend
such THE PART-TIME school or class. If the parent, guardian, or
other person in charge of
such THAT child fails thereupon to cause his
THE
CHILD'S attendance
at such THE part-time school or class, the attendance
officer shall make
complaint
against the parent, guardian, or other person in charge of the child in
any THE JUVENILE
court of competent jurisdiction THE COUNTY IN WHICH THE CHILD HAS A
RESIDENCE OR LEGAL SETTLEMENT OR IN WHICH THE CHILD IS SUPPOSED TO ATTEND THE
PART-TIME SCHOOL OR CLASS.
Sec. 3321.22. If (A) EXCEPT AS PROVIDED IN DIVISION
(B) OF THIS SECTION, IF A COMPLAINT IS FILED AGAINST the parent,
guardian, or other person in charge of a child,
upon complaint for a failure to cause the child to attend school or a
part-time school or class, AND IF THE PARENT, GUARDIAN, OR OTHER
PERSON proves AN inability to do so, then such THE
parent,
guardian, or other person in charge of a child shall be discharged.
UPON THE DISCHARGE, and
thereupon the attendance officer shall make FILE A complaint
before the judge of the
juvenile court of the county ALLEGING that the child is a delinquent
child, UNRULY CHILD, or dependent
child within the meaning of section 2151.02, 2151.021, or
2151.04 of the Revised Code.
Such THE judge shall hear the complaint and if he THE
JUDGE
determines that the child is a delinquent, UNRULY, or
dependent child within one of
such THOSE sections he THE JUDGE shall deal with
the child according
to section 2151.35 or 2151.36 of the Revised Code.
(B) DIVISION (A) OF THIS SECTION DOES NOT APPLY
REGARDING A COMPLAINT FILED UNDER DIVISION (D) OR (E) OF
SECTION 3321.19 OF THE REVISED CODE OR OTHERWISE FILED AND
ALLEGING THAT A CHILD IS AN HABITUAL TRUANT OR CHRONIC TRUANT.
Sec. 3321.38. (A) No parent, guardian, or other person
having care of a child of compulsory school age shall violate
ANY PROVISION OF section 3321.01, 3321.03, 3321.04, 3321.07, or
3321.10, division (A)
or (B) of section 3321.19, or section 3321.20, or 3331.14 of
the
Revised Code. The JUVENILE court, WHICH HAS EXCLUSIVE
ORIGINAL JURISDICTION OVER ANY VIOLATION OF THIS SECTION PURSUANT TO SECTION
2151.23 of the Revised Code, may require a person convicted of violating this
division to give bond in the sum of one hundred dollars with
sureties to the approval of the court, conditioned that the person will cause
the child under the person's charge to attend upon instruction as
provided by law, and remain as a pupil in the school or class
during the term prescribed by law.
IF THE JUVENILE COURT ADJUDICATES THE CHILD AS AN UNRULY OR
DELINQUENT CHILD FOR BEING AN HABITUAL OR CHRONIC TRUANT PURSUANT TO
SECTION 2151.35 OF THE REVISED CODE, THE COURT SHALL WARN
THE
PARENT, GUARDIAN, OR OTHER PERSON HAVING CARE OF THE CHILD THAT ANY SUBSEQUENT
ADJUDICATION OF THAT NATURE INVOLVING THE CHILD MAY RESULT IN A CRIMINAL
CHARGE AGAINST THE PARENT, GUARDIAN, OR OTHER PERSON HAVING CARE
OF THE CHILD FOR A VIOLATION OF DIVISION (C) OF SECTION 2919.21 OR
SECTION 2919.24 OF THE REVISED CODE.
(B) This section does not relieve from prosecution and
conviction any parent, guardian, or other person upon further
violation of such ANY PROVISION IN ANY OF THE sections; nor
shall SPECIFIED IN DIVISION (A) OF THIS SECTION, ANY PROVISION
OF SECTION 2919.222 OR 2919.24 OF THE REVISED
CODE, OR DIVISION (C) OF SECTION
2919.21 OF THE REVISED CODE. A
forfeiture of the bond
SHALL NOT relieve such THAT PARENT, GUARDIAN, OR OTHER
person from prosecution and conviction upon further
violation of such ANY PROVISION IN ANY OF THOSE sections OR
THAT DIVISION.
(C) Section 4109.13 of the Revised Code applies to this section.
Sec. 3730.99. (A) Whoever violates division (A),
(B), or (C) of section 3730.02 or division (A) of
section 3730.06 of the Revised Code is guilty of a
misdemeanor of the fourth degree.
(B) Whoever violates division (B)(1) or (2) of section 3730.07 of the Revised
Code is guilty of a misdemeanor of the first degree.
(C)(1) Whoever violates division (A)(1) of section 3730.07 of the
Revised Code is a delinquent child and is subject to an order of disposition
under division (A)(8)(a) of section 2151.355 of the
Revised Code, which
order of disposition shall require the child to pay a fine as described in
division (B) of section 2151.3512 of the Revised Code.
(2) Whoever violates division (A)(2) of section 3730.07 of the Revised Code
is a delinquent child and is subject to an order of disposition under division
(A)(8)(a) of section 2151.355 of the Revised Code, which
order of
disposition shall require the child to pay a fine as described in division
(E) of section 2151.3512 of the Revised Code.
Sec. 4109.13. (A) The administrator of the bureau of employment services
shall designate enforcement officials to enforce this chapter.
(B) An enforcement official shall, upon discovery of a violation of
this chapter and after notice to the employer, SHALL make a complaint
against the offending employer
in any court of competent jurisdiction.
(C) Enforcement officials shall make complaint by filing a
complaint before a court having competent jurisdiction against
any person violating any law relating to the employment of
minors. This section shall not be construed to limit the right
of other persons to make such THOSE complaints.
(D) County courts, municipal courts, and juvenile courts
have jurisdiction to try offenses under this chapter and.
JUVENILE COURTS HAVE EXCLUSIVE ORIGINAL JURISDICTION TO TRY OFFENSES
UNDER section 3321.38 of the Revised Code.
(E) No person or enforcement official instituting
proceedings under this section shall be required to file or give
security for the costs. If a defendant is acquitted, the judge,
police judge, or juvenile judge before whom the case is brought
shall certify the costs to the county auditor, who. THE
COUNTY AUDITOR shall examine
the amount OF THE COSTS and, if necessary, correct it;
and. THE COUNTY AUDITOR shall issue his A
warrant on the county treasurer in favor of the persons to whom THE
costs are due.
(F) Fines collected for violations of this chapter and section 3321.38 of the
Revised Code shall be paid into the funds of
the school district in which the offense was committed.
Section 2. That existing sections 2151.011, 2151.02, 2151.022, 2151.18,
2151.23, 2151.27, 2151.28, 2151.313, 2151.315,
2151.35, 2151.354, 2151.355, 2151.356, 2151.358,
2151.359, 2151.3512, 2151.47, 2901.07,
3321.14, 3321.18, 3321.19, 3321.20, 3321.22, 3321.38, 3730.99, and 4109.13
of the Revised Code are hereby repealed.
Section 3. Section 2151.358 of the Revised
Code is presented in this act as a composite of the section as amended by both
Am. Sub. H.B. 1 and Am. Sub. S.B. 2 of the 121st General Assembly, with the
new language of neither of the acts shown in capital letters. This is in
recognition of the principle stated in division (B) of section
1.52 of the Revised Code that such amendments are to be
harmonized where not substantively irreconcilable and constitutes
a legislative finding that such is the resulting version in
effect prior to the effective date of this act.
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