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As Passed by the House
123rd General Assembly
Regular Session
1999-2000 | Sub. S.B. No. 218 |
SENATORS MUMPER-DRAKE-JOHNSON-WATTS
REPRESENTATIVES HUGHES-WILLAMOWSKI-SCHULER-PETERSON-CORBIN-
MOTTLEY-WIDENER
A BILL
To amend sections 2151.02, 2151.022, 2151.23, 2151.27, 2151.28, 2151.35, and
2927.02 and to enact
section 2151.87 of the
Revised Code to expand the offense of illegal distribution of
cigarettes or other tobacco products; to create the offense of
permitting children to use cigarettes or other tobacco products;
and to prohibit children from possessing, using, purchasing,
or receiving cigarettes or other tobacco products.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 2151.02, 2151.022, 2151.23, 2151.27, 2151.28,
2151.35, and 2927.02 be
amended and section 2151.87 of the Revised Code be
enacted to read as follows:
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 OTHER THAN AN ORDER ISSUED UNDER SECTION 2151.87
of the Revised Code;
(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 the child's self to
the reasonable
control of the child's parents, teachers, guardian,
or custodian, by reason of
being wayward or habitually disobedient;
(B) Any child who is persistently truant from home;
(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 the child's self as to
injure or endanger the child's own health or morals or the health or
morals of others;
(E) Any child who attempts to enter the marriage relation
in any state without the consent of the child's parents,
custodian, or legal guardian or
other legal authority;
(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;
(G) Any child who engages in an occupation prohibited by
law or is in a
situation dangerous to life or limb or injurious to the
child's own health or
morals or the health or morals of others;
(H) Any child who violates a law, other than division (A)
of section 2923.211 OR SECTION 2151.87
of the Revised Code, that is applicable only to a child.
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 HAVE VIOLATED SECTION 2151.87 of the Revised Code
OR AN ORDER ISSUED UNDER THAT SECTION OR 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;
;
(14)(13) To hear and determine violations of section 3321.38
of the Revised Code;
(15)(14) 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) Except as provided in division (I) of section 2301.03 of the Revised
Code, 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, except as provided in division (I) of section 2301.03
of the Revised Code, 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, except as provided in division (I) of section 2301.03
of the Revised Code, 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)(1) Subject to division
(A)(2) of this section, any person having knowledge of a child
who appears to HAVE VIOLATED SECTION 2151.87 of the Revised Code OR 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 VIOLATION, 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 COMMITTED THE VIOLATION
OR 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 COMMITTED THE VIOLATION OR 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 VIOLATED SECTION 2151.87 of the Revised Code
OR 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)(1) 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.
(2) IN LIEU OF APPEARING BEFORE THE
COURT AT THE TIME FIXED IN THE SUMMONS AND PRIOR TO THE DATE
FIXED FOR APPEARANCE IN THE SUMMONS, A CHILD WHO IS ALLEGED
TO HAVE VIOLATED SECTION 2151.87 OF THE
REVISED
CODE AND THAT CHILD'S PARENT, GUARDIAN, OR CUSTODIAN
MAY SIGN A WAIVER OF APPEARANCE
BEFORE THE CLERK OF THE JUVENILE COURT AND PAY A FINE OF ONE HUNDRED DOLLARS.
IF THE CHILD AND THAT CHILD'S PARENT, GUARDIAN, OR CUSTODIAN DO NOT WAIVE THE
COURT APPEARANCE,
THE COURT SHALL PROCEED WITH THE ADJUDICATORY
HEARING AS PROVIDED IN THIS SECTION.
(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)(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. 2151.35. (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.
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 2151.47 of the
Revised Code shall 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 FINDS FROM CLEAR AND CONVINCING EVIDENCE THAT THE CHILD
VIOLATED SECTION 2151.87 of the Revised Code, THE COURT SHALL PROCEED IN ACCORDANCE WITH
DIVISIONS (F) AND (G) OF THAT SECTION.
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)(24)(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)(24)(b) of section 2151.355 of the Revised Code.
If the court does not find the child to HAVE VIOLATED SECTION 2151.87 of the Revised Code
OR 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 shall be made as
provided in section 2301.20 of the Revised Code.
(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. 2151.87. (A) AS USED IN THIS SECTION:
(1) "CIGARETTE" AND "TOBACCO PRODUCT" HAVE THE SAME
MEANINGS AS IN SECTION 2927.02 OF THE
REVISED CODE.
(2) "YOUTH SMOKING EDUCATION PROGRAM" MEANS A PRIVATE OR PUBLIC
AGENCY PROGRAM THAT IS RELATED TO TOBACCO USE, PREVENTION, AND
CESSATION, THAT IS CARRIED OUT OR FUNDED BY THE TOBACCO USE
PREVENTION AND CONTROL FOUNDATION PURSUANT TO SECTION 183.07 OF
THE REVISED CODE, THAT UTILIZES EDUCATIONAL METHODS
FOCUSING ON
THE NEGATIVE HEALTH EFFECTS OF SMOKING AND USING TOBACCO PRODUCTS, AND THAT IS
NOT MORE THAN TWELVE HOURS IN DURATION.
(B) NO CHILD SHALL DO ANY OF THE FOLLOWING UNLESS ACCOMPANIED BY
A PARENT,
SPOUSE WHO IS EIGHTEEN YEARS OF AGE OR OLDER, OR LEGAL GUARDIAN OF THE
CHILD:
(1) USE, CONSUME, OR POSSESS CIGARETTES, OTHER TOBACCO
PRODUCTS, OR PAPERS USED TO ROLL CIGARETTES;
(2) PURCHASE OR ATTEMPT TO PURCHASE CIGARETTES, OTHER
TOBACCO PRODUCTS, OR PAPERS USED TO ROLL CIGARETTES;
(3) ORDER, PAY FOR, OR SHARE THE COST OF CIGARETTES,
OTHER TOBACCO PRODUCTS, OR PAPERS USED TO ROLL
CIGARETTES;
(4) EXCEPT AS PROVIDED IN DIVISION (E) OF THIS SECTION, ACCEPT OR
RECEIVE CIGARETTES, OTHER TOBACCO PRODUCTS,
OR PAPERS USED TO ROLL CIGARETTES.
(C) NO CHILD SHALL KNOWINGLY FURNISH FALSE INFORMATION
CONCERNING THAT
CHILD'S NAME, AGE, OR OTHER IDENTIFICATION FOR THE PURPOSE OF
OBTAINING CIGARETTES, OTHER TOBACCO PRODUCTS, OR PAPERS USED TO
ROLL CIGARETTES.
(D) A JUVENILE COURT SHALL NOT
ADJUDICATE A CHILD A DELINQUENT OR UNRULY CHILD FOR A VIOLATION OF DIVISION
(B)(1), (2), (3), OR (4) OR
(C) OF THIS SECTION.
(E)(1) IT IS NOT A
VIOLATION OF DIVISION (B)(4) OF
THIS SECTION FOR A CHILD TO ACCEPT OR RECEIVE
CIGARETTES, OTHER TOBACCO PRODUCTS, OR PAPERS USED TO ROLL
CIGARETTES IF THE CHILD IS REQUIRED TO DO SO IN THE
PERFORMANCE OF THE CHILD'S DUTIES AS AN EMPLOYEE OF
THAT CHILD'S EMPLOYER AND THE CHILD'S ACCEPTANCE OR
RECEIPT OF CIGARETTES, OTHER TOBACCO PRODUCTS, OR PAPERS USED TO
ROLL CIGARETTES OCCURS EXCLUSIVELY WITHIN THE SCOPE OF THE
CHILD'S EMPLOYMENT.
(2) IT IS NOT A VIOLATION OF DIVISION (B)(1), (2), (3), OR (4)
OF THIS SECTION IF THE CHILD POSSESSES, PURCHASES OR ATTEMPTS TO PURCHASE,
ORDERS, PAYS FOR, SHARES THE COST OF, OR ACCEPTS OR
RECEIVES CIGARETTES, OTHER TOBACCO PRODUCTS, OR PAPERS USED TO
ROLL CIGARETTES WHILE PARTICIPATING IN AN INSPECTION OR COMPLIANCE
CHECK CONDUCTED BY A FEDERAL, STATE, LOCAL, OR CORPORATE ENTITY AT
A LOCATION AT WHICH CIGARETTES, OTHER TOBACCO PRODUCTS, OR PAPERS
USED TO ROLL CIGARETTES ARE SOLD OR DISTRIBUTED.
(F) IF A JUVENILE COURT FINDS THAT A CHILD
VIOLATED DIVISION (B)(1), (2),
(3), OR (4) OR (C) OF THIS SECTION, THE COURT MAY DO EITHER OR
BOTH OF THE FOLLOWING:
(1) REQUIRE THE CHILD TO ATTEND A YOUTH SMOKING EDUCATION PROGRAM
OR OTHER SMOKING TREATMENT PROGRAM APPROVED BY THE COURT, IF ONE IS
AVAILABLE;
(2) IMPOSE A FINE OF NOT MORE THAN ONE HUNDRED DOLLARS.
(G) IF A CHILD DISOBEYS A JUVENILE COURT ORDER ISSUED PURSUANT TO
DIVISION (F) OF THIS SECTION, THE COURT MAY DO ANY OR ALL OF THE
FOLLOWING:
(1) INCREASE THE FINE IMPOSED UPON THE CHILD UNDER DIVISION
(F)(2)
OF THIS SECTION;
(2) REQUIRE THE CHILD TO PERFORM NOT MORE THAN TWENTY HOURS OF
COMMUNITY SERVICE;
(3) SUSPEND FOR A PERIOD OF THIRTY DAYS THE TEMPORARY INSTRUCTION
PERMIT, PROBATIONARY DRIVER'S LICENSE, OR DRIVER'S LICENSE ISSUED TO THE
CHILD.
(H) A CHILD ALLEGED OR FOUND TO HAVE VIOLATED DIVISION
(B) OR (C)
OF THIS SECTION SHALL NOT BE DETAINED UNDER ANY PROVISION OF THIS
CHAPTER OR ANY OTHER PROVISION of the Revised Code.
Sec. 2927.02. (A) AS USED IN THIS SECTION AND SECTION 2927.021 of the Revised Code:
(1) "CHILD" HAS THE SAME MEANING AS IN SECTION 2151.011 of the Revised Code.
(2) "CIGARETTE" INCLUDES
CLOVE CIGARETTES AND HAND-ROLLED CIGARETTES.
(3) "DISTRIBUTE" MEANS
TO FURNISH, GIVE, OR PROVIDE CIGARETTES, OTHER TOBACCO PRODUCTS,
OR PAPERS USED TO ROLL CIGARETTES TO THE ULTIMATE CONSUMER OF
THE CIGARETTES, OTHER TOBACCO PRODUCTS, OR PAPERS USED TO ROLL
CIGARETTES.
(4) "PROOF OF AGE" MEANS
A DRIVER'S LICENSE, A COMMERCIAL DRIVER'S LICENSE, A MILITARY
IDENTIFICATION CARD, A PASSPORT, OR AN IDENTIFICATION CARD ISSUED UNDER
SECTIONS 4507.50 TO 4507.52 OF THE REVISED
CODE THAT SHOWS THAT A PERSON IS EIGHTEEN YEARS OF AGE OR OLDER.
(5) "TOBACCO PRODUCT"
MEANS ANY PRODUCT THAT IS MADE FROM TOBACCO, INCLUDING, BUT NOT
LIMITED TO, A CIGARETTE, A CIGAR, PIPE TOBACCO, CHEWING TOBACCO,
OR SNUFF.
(6) "VENDING MACHINE"
HAS THE SAME MEANING AS "COIN MACHINE" IN SECTION
2913.01 of the Revised Code.
(B) No manufacturer, producer, distributor,
wholesaler, or retailer of cigarettes or, other tobacco
products, or any PAPERS USED TO ROLL CIGARETTES, NO agent,
employee, or representative of a manufacturer,
producer, distributor, wholesaler, or retailer of cigarettes or,
other tobacco
products, OR PAPERS USED TO ROLL CIGARETTES, AND NO OTHER
PERSON shall do any of the following:
(1) Give, sell, or otherwise distribute cigarettes or,
other tobacco products, OR PAPERS USED TO ROLL CIGARETTES to any
person under eighteen years of age CHILD;
(2) Give away, sell, or distribute cigarettes or, other
tobacco products, OR PAPERS USED TO ROLL CIGARETTES in any place
that does not have posted in a
conspicuous place a sign stating that giving, selling, or
otherwise distributing cigarettes or, other tobacco
products, OR PAPERS USED TO ROLL CIGARETTES to
a person under eighteen years of age is prohibited by law;
(3) KNOWINGLY FURNISH ANY FALSE INFORMATION REGARDING THE
NAME, AGE, OR OTHER IDENTIFICATION OF ANY CHILD WITH
PURPOSE TO OBTAIN CIGARETTES, OTHER TOBACCO PRODUCTS, OR PAPERS
USED TO ROLL CIGARETTES FOR THAT CHILD.
(B)(C) No person shall sell or offer to sell cigarettes or
other tobacco products by or from a vending machine, except in the
following locations:
(1) An area either:
(a) Within WITHIN a factory, business, office, or other place
not
open to the general public; or
(b) To (2) AN AREA TO which persons
under the age of eighteen years CHILDREN are
not generally permitted access;
(2) In any (3) ANY other place not identified in
division (B)(C)(1)
OR (2) of this section, upon all of the following conditions:
(a) The vending machine is located within the immediate
vicinity, plain view, and control of the person who owns or
operates the place, or an employee of such THAT person, so that
all
cigarettes and other tobacco product purchases from the vending
machine will be readily observed by the person who owns or
operates the place or an employee of such THAT person. For the
purpose of this section, a vending machine located in any
unmonitored area, including an unmonitored coatroom, restroom,
hallway, or outer waiting area, shall not be considered located
within the immediate vicinity, plain view, and control of the
person who owns or operates the place, or an employee of such
THAT
person.
(b) The vending machine is inaccessible to the public when
the place is closed.
(C) As used in this section, "vending machine" has the
same meaning as "coin machine" as defined in section 2913.01 of
the Revised Code.
(D) THE FOLLOWING ARE AFFIRMATIVE DEFENSES TO A
CHARGE UNDER DIVISION (B)(1)
OF THIS SECTION:
(1) THE CHILD WAS ACCOMPANIED BY A PARENT,
SPOUSE WHO IS EIGHTEEN YEARS OF AGE OR OLDER, OR LEGAL GUARDIAN OF THE
CHILD.
(2) THE PERSON WHO GAVE, SOLD, OR DISTRIBUTED CIGARETTES,
OTHER TOBACCO PRODUCTS, OR PAPERS USED TO ROLL CIGARETTES TO A
CHILD UNDER DIVISION (B)(1) OF THIS SECTION
IS A PARENT, SPOUSE WHO IS EIGHTEEN YEARS OF AGE OR OLDER, OR LEGAL GUARDIAN
OF THE CHILD.
(E)(1) Whoever violates DIVISION (B)(1) OR (2) OR
(C) OF this section is guilty of illegal
distribution of cigarettes or other tobacco products, a
misdemeanor of the fourth degree. If the offender previously has
been convicted of a violation of DIVISION (B)(1) OR (2) OR
(C) OF this section, then illegal
distribution of cigarettes or other tobacco products is a
misdemeanor of the third degree.
(2) WHOEVER VIOLATES DIVISION (B)(3) OF
THIS SECTION IS GUILTY OF PERMITTING CHILDREN TO USE CIGARETTES OR OTHER
TOBACCO PRODUCTS, A MISDEMEANOR OF THE FOURTH DEGREE. IF THE OFFENDER
PREVIOUSLY HAS BEEN CONVICTED OF A VIOLATION OF DIVISION (B)(3)
OF THIS SECTION, PERMITTING CHILDREN TO USE CIGARETTES OR OTHER
TOBACCO PRODUCTS IS A MISDEMEANOR OF THE THIRD DEGREE.
(F) ANY CIGARETTES,
OTHER TOBACCO PRODUCTS, OR PAPERS USED TO ROLL CIGARETTES THAT
ARE GIVEN, SOLD, OR OTHERWISE DISTRIBUTED TO A CHILD
IN VIOLATION OF THIS SECTION AND THAT ARE USED, POSSESSED,
PURCHASED, OR RECEIVED BY A CHILD IN VIOLATION OF
SECTION 2151.87 OF THE REVISED
CODE ARE SUBJECT TO SEIZURE AND
FORFEITURE AS CONTRABAND UNDER SECTIONS 2933.42 AND 2933.43 OF
THE REVISED CODE.
Section 2. That existing sections 2151.02, 2151.022, 2151.23, 2151.27,
2151.28, 2151.35, and 2927.02 of
the Revised Code are hereby repealed.
Section 3. Except for the provisions set forth in division (C) of section
2927.02 of the Revised Code, nothing in this act shall be construed as
limiting or affecting the powers of townships or municipal corporations to
regulate the purchase, use, or sale of tobacco.
Section 4. Section 2151.23 of the Revised Code is presented in this act
as a composite of the section as amended by both
Sub. H.B. 583 and Am. Sub. S.B. 181 of the 123rd 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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