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Sub. H. B. No. 400As Reported by the Senate Judiciary--Criminal Justice CommitteeAs Reported by the Senate Judiciary--Criminal Justice Committee
124th General Assembly | Regular Session | 2001-2002 |
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REPRESENTATIVES Faber, Willamowski, Hoops, Latta, Young, Webster, Schmidt, Husted, Lendrum, Schaffer, Womer Benjamin, Callender, Flowers, Niehaus, Hagan, Buehrer, Coates
A BILL
To amend sections 2151.011, 2151.35, 2151.354,
2151.359, 2152.02, 2152.19, 2152.21, 2152.26,
2152.41, 2152.74, and 5139.42 of the Revised Code
to
specifically permit the confinement of
adjudicated
delinquent children in a juvenile
detention
facility and the confinement of a person
under a
disposition imposed for a delinquent child
or
juvenile traffic offender disposition, after the
person attains 18 years of age, in a facility other
than one for juveniles, to
revise the formula
for
calculating the per diem cost for the care
and
custody of felony delinquents, and to
amend the
versions of sections 2151.354, 2152.19, and 2152.21
of
the Revised Code that are scheduled to take
effect January 1,
2004, to continue the provisions
of this act on and after that
effective date.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 2151.011, 2151.35, 2151.354,
2151.359, 2152.02, 2152.19, 2152.21, 2152.26, 2152.41, 2152.74,
and 5139.42
of the Revised Code be amended to read as follows:
Sec. 2151.011. (A) As used in the Revised Code: (1) "Juvenile court" means whichever of the following is
applicable that has jurisdiction
under this chapter and Chapter
2152. of the Revised
Code:
(a) The division of the court of
common pleas specified in
section 2101.022 or 2301.03 of the
Revised Code as
having
jurisdiction under this chapter and Chapter 2152. of the
Revised
Code or as being the
juvenile division or the juvenile division
combined with one or more
other divisions; (b) The juvenile court of Cuyahoga county or
Hamilton county
that is separately and independently created
by section 2151.08
or Chapter 2153. of the
Revised Code and that has jurisdiction
under this
chapter and Chapter 2152. of the Revised
Code;
(c) If division (A)(1)(a) or
(b) of this section does not
apply,
the probate division of the court of common pleas. (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
under section 5103.03
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 job and family 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
certified
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) "Certified foster home" means a foster home,
as defined
in section 5103.02 of the Revised Code,
certified under
section
5103.03 of the Revised Code. (5) "Child" means a person who is under
eighteen years of
age, except
that the juvenile court has jurisdiction over any
person who
is adjudicated an unruly child prior to
attaining
eighteen years
of age until the person attains twenty-one years
of
age, and, for
purposes of that jurisdiction related to that
adjudication, a
person who is so
adjudicated an unruly
child
shall
be deemed a
"child" until the person attains
twenty-one
years of
age. (6) "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. (7) "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 job and
family
services, department of mental retardation and developmental
disabilities, or the early childhood programs of the department
of
education. (8) "Chronic truant" has the same
meaning as in section
2152.02 of the Revised Code. (9) "Commit" means to vest custody as ordered by the
court. (10) "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) "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) "Delinquent child" has the same meaning as in
section
2152.02 of the Revised Code. (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. (14) "Developmental disability" has the same meaning
as in
section 5123.01 of the Revised Code. (15) "Foster caregiver" has the
same meaning as in section
5103.02 of the
Revised Code. (16) "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) "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. (18) "Juvenile traffic offender" has the same
meaning as in
section 2152.02 of the Revised Code. (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. (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. (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. (23) "Mentally retarded person" has the same
meaning as
in
section 5123.01 of the Revised Code. (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. (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 certified foster homes or elsewhere. (27) "Out-of-home care" means detention
facilities,
shelter
facilities, 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. (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. (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. (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. (31) "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. (32) "Person responsible for a child's care in
out-of-home
care" means any of the following: (a) Any foster caregiver, 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. (33) "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. (34) "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. (35) "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. (36) "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. (37) "Practice of social work" and "practice of
professional
counseling" have the same meanings as in section 4757.01
of the
Revised Code. (38) "Sanction, service, or condition"
means a sanction,
service, or condition created by
court
order following an
adjudication that a child is an unruly child that is described in
division (A)(3)(4) of section
2152.19 of the Revised Code. (39) "Protective supervision" means an order of
disposition
pursuant to which the court permits an abused,
neglected,
dependent, or unruly child 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. (40) "Psychiatrist" has the same meaning as in
section
5122.01 of the Revised Code. (41) "Psychologist" has the same meaning as in
section
4732.01 of the Revised Code. (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. (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. (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. (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. (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. (49) "Sexual activity" has the same meaning as in
section
2907.01 of the Revised Code. (50) "Shelter" means the temporary care of
children in
physically unrestricted facilities pending court adjudication or
disposition. (51) "Shelter for victims of domestic violence"
has the
same
meaning as in section 3113.33 of the Revised Code. (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. 2151.35. (A)(1) Except as otherwise provided by
division
(A)(3) of this section or
in section 2152.13 of the
Revised Code, the juvenile
court may conduct its
hearings in an
informal manner and may adjourn its hearings
from
time to time.
The court may exclude
the
general public from its hearings in a
particular case if the court holds a
separate hearing to determine
whether that exclusion is
appropriate. If the court decides that
exclusion of the general public
is appropriate, the court still
may
admit to a particular hearing or all of the hearings
relating
to a particular case those persons
who have a direct interest
in
the case and those who demonstrate that their need for access
outweighs
the interest in keeping the hearing closed. Except cases involving children who are alleged to be unruly
or delinquent children for being habitual or chronic truants and
except as
otherwise provided in section 2152.13 of the Revised
Code, 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 cases involving serious youthful offenders
under section
2152.13 of the Revised Code. 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 section 2151.354 or
Chapter 2152. 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)(6)(7)(a) of section
2152.19 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)(6)(7)(b) of section 2152.19 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 case 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. (3) The authority of a juvenile court to exclude the general
public from its hearings that is provided by division (A)(1) of
this section does not limit or affect any right of a victim of a
crime or
delinquent act, or of a victim's representative, under
Chapter 2930.
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. 2151.354. (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 community control under any
sanctions, services, and conditions that the court prescribes,
as
described in division (A)(3)(4) of section 2152.19 of the Revised
Code, provided that, if the court imposes a period of community
service upon the child, the period of community service shall not
exceed one hundred seventy-five hours; (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)
Make any further disposition the court finds proper that
is consistent
with sections 2151.312 and 2151.56 to 2151.61 of the
Revised Code; (6) 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),
(3), (4),
(5), and
(7)(8) of section
2152.19 of
the
Revised Code
that is
consistent with sections
2151.312
and
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, including an order requiring
the child to not be
absent without
legitimate excuse from the
public school the child is supposed to attend
for five or more
consecutive days, seven or more school days in
one school month,
or twelve or more school days in a school year
and including an
order
requiring the child to participate in a truancy prevention
mediation
program. (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, all 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 may require the
parent, guardian, or other
person having care of the child to participate in a
truancy
prevention mediation program. (c) 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. 2151.359. (A)(1) In any proceeding in
which a child
has been adjudicated an 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 that individual to the child if
the court
finds that an order of that type is necessary to do
either
of the following: (a) Control any conduct or relationship that will be
detrimental or harmful to the child. (b) Control any conduct or relationship that will
tend to
defeat
the execution of the order of disposition made or to be
made. (2) The court shall give due
notice of the application or
motion under division (A) of this
section, the grounds
for the
application or motion, and an opportunity to be
heard to the
person against whom an order under this division is
directed. The
order may include a requirement that the child's parent,
guardian,
or other custodian enter into a recognizance with sufficient
surety, conditioned upon the faithful discharge of any conditions
or
control required by the court. (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)(6)(7)(b) of section
2152.19 of
the
Revised Code and to any order made under either
division. (C) A person's failure to comply with any order made by the
court
under this section is contempt of court under Chapter 2705.
of the Revised Code.
Sec. 2152.02. As used in this chapter: (A) "Act charged" means the act that is identified in a
complaint,
indictment, or information alleging that a child is a
delinquent child. (B) "Admitted to a department of youth services facility"
includes admission to a facility operated, or contracted for, by
the
department and admission to a comparable facility outside
this
state by another state or the United States. (C)(1) "Child" means a person who is under eighteen years of
age,
except as otherwise provided in divisions (C)(2) to (6) of
this
section. (2) Subject to division (C)(3) of this section, any person
who
violates a federal or state law or a 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 with
respect to that violation is filed or the hearing on the complaint
is held. (3) 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. (4) Any person whose case is transferred for criminal
prosecution
pursuant to section 2152.12 of the Revised Code shall
be deemed
after the transfer not to be a child in the transferred
case. (5) Any person whose case is transferred for criminal
prosecution
pursuant to section 2152.12 of the Revised Code and
who
subsequently is convicted of or pleads guilty to a felony in
that case,
and any person who is
adjudicated a delinquent child
for the commission of an act, who has a serious
youthful offender
dispositional sentence imposed for the act pursuant to section
2152.13 of the Revised Code,
and whose adult portion of the
dispositional sentence is invoked pursuant to section 2152.14 of
the Revised Code,
shall
be deemed after the transfer or invocation
not to be a child in any case in
which a complaint is filed
against the person. (6) The juvenile court has jurisdiction over a person who is
adjudicated a delinquent child or juvenile traffic offender prior
to
attaining eighteen years of age until the person attains
twenty-one
years of age, and, for purposes of that jurisdiction
related to
that adjudication,
except as otherwise provided in this
division, a person who is so adjudicated a
delinquent
child or
juvenile traffic offender shall be deemed a
"child" until
the
person attains twenty-one years of age.
If a person is so
adjudicated a delinquent child or juvenile traffic offender and
the court makes a disposition of the person under this chapter, at
any time after the person attains eighteen years of age, the
places at which the person may be held under that disposition are
not limited to places authorized under this chapter solely for
confinement of children, and the person may be confined under that
disposition, in accordance with division (F)(2) of section 2152.26
of the Revised Code, in places other than those authorized under
this chapter solely for confinement of children. (D) "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. (E) "Community corrections facility," "public safety beds,"
"release authority," and "supervised release" have the same
meanings as
in section 5139.01 of the Revised Code. (F) "Delinquent child" includes any of the following: (1) Any child, except a juvenile traffic offender, who
violates
any law of this state or the United States, or any
ordinance
of a
political subdivision of the state, that would be
an offense if committed
by an adult; (2) Any child who violates any lawful order of the court
made
under this chapter or under Chapter 2151. of the Revised
Code
other than an order issued under section 2151.87 of the Revised
Code; (3) Any child who violates division (A) of section 2923.211
of the Revised Code; (4) Any child who is a habitual truant and who previously
has been
adjudicated an unruly child for being a habitual truant; (5) Any child who is a chronic truant. (G) "Discretionary serious youthful
offender" means a person
who is eligible for a discretionary SYO
and who is not transferred
to adult court under a mandatory or
discretionary transfer. (H) "Discretionary SYO" means a case
in which the juvenile
court, in the juvenile court's discretion, may
impose a
serious
youthful offender disposition
under section 2152.13 of the Revised
Code. (I) "Discretionary transfer" means that the juvenile court
has
discretion to transfer a case for criminal prosecution under
division
(B) of section 2152.12 of the Revised Code. (J) "Drug abuse offense," "felony drug abuse offense," and
"minor
drug possession offense" have the same meanings as in
section 2925.01 of
the Revised Code. (K) "Electronic monitoring device," "certified electronic
monitoring device," "electronically monitored house arrest,"
"electronic
monitoring system," and "certified electronic
monitoring system" have the same meanings as in section 2929.23 of
the Revised Code. (L) "Economic loss" means any economic detriment suffered by
a
victim of a delinquent act as a result of the delinquent act and
includes any loss of income due to lost time at work because of
any injury caused to the victim and any property loss, medical
cost, or funeral expense incurred as a result of the delinquent
act. (M) "Firearm" has the same meaning as in section 2923.11 of
the
Revised Code. (N) "Juvenile traffic offender" means any child who violates
any
traffic law, traffic ordinance, or traffic regulation of this
state, the
United States, or any political subdivision of this
state,
other than a resolution, ordinance, or regulation of a
political subdivision
of this state the violation of which is
required
to be handled by a parking violations bureau or a joint
parking
violations bureau pursuant to Chapter 4521. of the Revised
Code. (O) A "legitimate excuse for absence from the public school
the
child is supposed to attend" has the same meaning as in
section 2151.011 of the Revised Code. (P) "Mandatory serious
youthful offender" means a person who
is eligible for a mandatory
SYO and who is not transferred to
adult court
under a mandatory or discretionary transfer. (Q)
"Mandatory SYO" means a case in which the juvenile court
is
required to impose a mandatory serious youthful offender
disposition under
section 2152.13 of
the Revised Code. (R) "Mandatory transfer" means that a case is required to be
transferred for criminal prosecution under division (A) of section
2152.12 of the Revised Code. (S) "Mental illness" has the same meaning as in section
5122.01
of the Revised Code. (T) "Mentally retarded person" has the same meaning as in
section
5123.01 of the Revised Code. (U) "Monitored time" and "repeat violent offender" have the
same
meanings as in section 2929.01 of the Revised Code. (V) "Of compulsory school age" has the same meaning as in
section
3321.01 of the Revised Code. (W) "Public record" has the same meaning as in section
149.43 of
the Revised Code. (X) "Serious youthful
offender" means a person who is
eligible for a mandatory SYO or
discretionary SYO but who is not
transferred to adult court under
a mandatory or discretionary
transfer. (Y) "Sexually oriented offense,"
"habitual sex
offender,"
"juvenile sex offender registrant," and "sexual
predator" have the
same
meanings as in
section 2950.01 of
the Revised Code. (Z) "Traditional juvenile" means a case that is not
transferred to adult court under a mandatory or discretionary
transfer,
that is
eligible for
a disposition under
sections
2152.16, 2152.17,
2152.19, and 2152.20 of the Revised Code, and
that is not
eligible
for a disposition under
section 2152.13 of
the Revised
Code. (AA) "Transfer" means the transfer for criminal prosecution
of a
case involving the alleged commission by a child of an act
that
would be an offense if committed by an adult from the
juvenile
court to the appropriate court that has jurisdiction of
the
offense. (BB) "Category one offense" means any of the following: (1) A violation of section 2903.01 or 2903.02 of the Revised
Code; (2) A violation of section 2923.02 of the Revised Code
involving
an attempt to commit aggravated murder or murder. (CC) "Category two offense" means any of the following: (1) A violation of section 2903.03, 2905.01, 2907.02,
2909.02,
2911.01, or 2911.11 of the Revised Code; (2) A violation of section 2903.04 of the Revised Code
that
is a
felony of the first degree; (3) A violation of section 2907.12 of the Revised Code
as it
existed prior to September 3, 1996.
Sec. 2152.19. (A) If a child is adjudicated a delinquent
child,
the court may make any of the following orders of
disposition, in
addition to any other disposition authorized or
required by this
chapter: (1) Any
order that is authorized by section 2151.353 of the
Revised Code for the care and protection of an abused,
neglected,
or
dependent child; (2) 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
2152.41 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, including, but not limited to, a school, camp,
or facility operated under section 2151.65 of the Revised Code; (3)
Place the child in a detention
facility or district
detention facility operated under section
2152.41 of the Revised
Code, for up to ninety days; (4) Place the child on community control under any
sanctions, services,
and conditions that the court prescribes. As
a condition of
community control in every case and in addition to
any other
condition that it imposes upon the child, the court
shall require the child
to abide by the law during the period of
community control. As
referred to in this division, community
control includes, but is
not limited to, the following sanctions
and conditions: (a) A period of basic probation 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; (b) A period of intensive probation 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; (c) A period of day reporting in which the child is
required
each day to report to and leave a center or another 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; (d) A period of community service of up to five hundred
hours for an act that would be a felony or a misdemeanor of the
first degree
if committed by an adult,
up to two hundred hours for
an act that would be a misdemeanor of the second,
third, or fourth
degree
if committed by an adult, or up to thirty hours for an act
that
would be a minor misdemeanor if committed by an adult; (e) A requirement that the child obtain a high school
diploma, a
certificate of high school equivalence, vocational
training, or
employment; (f) A period of drug and alcohol use monitoring; (g) A requirement of alcohol or drug assessment or
counseling, or a period in an alcohol or drug treatment program
with a level
of security for the child
as determined necessary by
the court; (h) A period in which the court orders the child to
observe
a curfew that may involve daytime or evening hours; (i) A requirement that the child serve monitored time; (j) A period of house arrest with or without electronic
monitoring; (k) A period of electronic monitoring without house arrest
or
electronically monitored house arrest that does not exceed the
maximum
sentence of imprisonment
that could be imposed upon an
adult who commits the same act. A period of electronically monitored house arrest imposed
under
this division shall not extend beyond the child's
twenty-first birthday. If a
court
imposes a period of
electronically monitored house arrest upon a
child under this
division, 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 arrest 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
can determine
the child's location at designated times; to report
periodically
to a person designated by the court; and to enter
into a written
contract with the court agreeing to comply with all
requirements
imposed by the court, agreeing to pay any fee imposed
by the court
for the costs of the electronically monitored house
arrest, and
agreeing to waive the right to receive credit for any
time served
on electronically monitored house arrest toward the
period of any
other dispositional order imposed upon the child if
the child
violates any of the requirements of the dispositional
order of
electronically monitored house arrest. The court also
may impose
other reasonable requirements upon the child.
Unless ordered by the court, a child shall not receive credit
for any time
served on
electronically monitored house arrest
toward any other dispositional
order imposed upon the child for
the act for which was imposed the
dispositional order of
electronically monitored house arrest. (l) A suspension of the driver's license, probationary
driver's
license, or temporary instruction permit issued to the
child or a suspension
of the
registration of all motor vehicles
registered in the name of the child. 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. (4)(5) Commit the child to the custody of the
court;
(5)(6)
Require the child to not be absent without legitimate
excuse from
the public school the child is supposed to attend for
five or more
consecutive days, seven or more school days in one
school month, or
twelve or more school days in a school year;
(6)(7)(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 a
habitual truant, do
either or both of the following:
(i) Require the child to participate in a truancy prevention
mediation program;
(ii) Make any order of disposition as authorized by this
section,
except that the court shall not commit the child to a
facility described
in division (A)(2)
or (3) of this section
unless the
court
determines that the child violated a lawful court
order made
pursuant to
division (C)(1)(e) of section 2151.354 of
the
Revised
Code
or division (A)(5)(6) of this section.
(b) If a child is adjudicated a delinquent child for being a
chronic truant or a habitual truant who previously has been
adjudicated an
unruly child for being a
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, do
either or both of the
following:
(i) Require the parent, guardian, or other person having
care of
the child to participate in a truancy prevention mediation
program; (ii) 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.
(7)(8) Make any further disposition that the court finds
proper,
except that the child shall not be placed in any of the
following:
(a) A state correctional institution, a county, multicounty,
or
municipal jail or workhouse, or another place in which an adult
convicted of a crime, under arrest, or charged with a crime is
held; (b) A community corrections facility, if the child would be
covered by the definition of public safety beds for purposes of
sections
5139.41 to 5139.45 of the Revised Code if the court
exercised its authority to commit the child to the legal custody
of the
department of youth services for institutionalization
or
institutionalization in a secure facility pursuant to this
chapter.
(B) If a child is adjudicated a delinquent child, in
addition to
any order of disposition made under division (A) of
this section, the
court, in
the following situations, shall
suspend the child's temporary instruction
permit, restricted
license, probationary driver's license, or nonresident
operating
privilege, or suspend the
child's ability to obtain such a permit: (1) The child is adjudicated a delinquent child for
violating
section 2923.122 of the Revised Code, with the
suspension
and denial being in accordance with division (E)(1)(a),
(c), (d), or (e) of section 2923.122 of
the Revised Code. (2) The child is adjudicated a delinquent child for
committing an
act that if committed by an adult would be a drug
abuse offense
or for violating
division (B) of section 2917.11 of
the Revised
Code, with the suspension continuing 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. (C) The court may establish a victim-offender mediation
program
in which victims and their offenders meet to discuss the
offense and suggest
possible restitution. If the court obtains
the
assent of the victim of the delinquent act committed by the
child,
the court may require the child to participate in the
program. (D)(1) If a child is adjudicated a delinquent child for
committing an act that would be a felony if committed by an adult
and if the
child caused, attempted to cause, threatened to
cause,
or created a risk of physical harm to the victim of the
act, 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. However, the court may furnish copies of
the statement
to the department of youth services if the
delinquent child
is committed to the department 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
this section
shall be kept confidential and is not a public
record.
If an officer is preparing pursuant to section 2947.06 or
2951.03 of the Revised Code or Criminal Rule 32.2 a presentence
investigation report pertaining to a person, the court shall make
available to the officer, for use in preparing the report, a copy
of any victim impact statement regarding that person. 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 this division
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 chapter.
The copy of a victim impact statement that is made available
pursuant to this division to an officer preparing a criminal
presentence investigation report shall be returned to the court by
the officer immediately following its use in preparing the report. (4) The department of youth services shall work with local
probation departments and victim assistance programs to develop a
standard victim impact statement. (E) 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.
(F)(1) During the period of a delinquent child's community
control granted under 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 community
control. The court that places a
delinquent child on community
control under 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 community control 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 community control. The court
also shall provide the written notice described in division
(E)(2)
of this section to each
parent, guardian, or custodian of the
delinquent child who is described in
that
division. (2) The court that places a child on community control under
this
section shall provide the child's parent, guardian, or other
custodian
with a written notice that informs them that authorized
probation
officers may conduct searches pursuant to division
(E)(1) of this
section. The notice shall specifically state that
a permissible
search might extend to a motor vehicle, another item
of tangible
or intangible personal property, or a place of
residence or other
real property in which a notified parent,
guardian, or custodian
has a right, title, or interest and that
the parent, guardian, or
custodian expressly or impliedly permits
the child to use, occupy,
or possess.
(G) If a juvenile court commits a delinquent child to the
custody of any person, organization, or entity pursuant to this
section and if the delinquent act for which the child is so
committed is a sexually oriented offense, the court in the order
of disposition
shall do one of the following: (1) Require that the child be provided treatment as
described in division (A)(2) of section 5139.13 of the Revised
Code; (2) Inform the person, organization, or entity
that it is
the
preferred course of action in this state that the
child be
provided treatment as described in division (A)(2) of
section
5139.13
of the Revised Code and encourage the
person,
organization,
or entity to provide that treatment.
Sec. 2152.21. (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 costs and one or more financial sanctions
in
accordance with section
2152.20 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 a definite period not exceeding two years.
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) Place the child on community control; (4) Require the child to make restitution for all damages
caused by the child's traffic violation; (5)(a) 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 equivalent to that division,
commit the
child, for
not longer than five days, to either of the following: (i) To the temporary custody of
a detention facility or
district detention
facility established under
section 2152.41 of
the Revised Code; (ii) 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 2152.41 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.
(b) 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)(5)(a) 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. (6) If, after making a disposition under divisions (A)(1)
to
(5) 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),
(3), (4),
(5), and
(7)(8) of
section 2152.19 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)(5) of this section, and
commitment to or
placement in
a detention facility may not exceed
twenty-four hours. (B) If a child is adjudicated a juvenile traffic offender
for violating division (A) or (B) of section
4511.19 of the
Revised Code, in addition to any order of disposition made
under
division (A) of this section, the court shall
suspend the
temporary instruction permit, probationary
driver's
license, or
driver's license
issued to the child for a definite period of at
least three months but not more than two years 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) 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 or community control. (D) A juvenile traffic offender is subject to sections
4509.01 to 4509.78 of the Revised Code.
Sec. 2152.26. (A) Except as provided in divisions
(B)
and
(F) of this section, a child alleged to be or adjudicated a
delinquent
child or a juvenile traffic offender may be
held only
in the following places: (1) A certified foster home or a home approved by
the court; (2) A facility operated by a certified child welfare
agency; (3) Any other suitable place designated by the court. (B) In addition to the places listed in division (A) of
this
section, a child alleged to be or adjudicated a delinquent child
may be
held in a detention facility for delinquent
children that
is under the
direction or supervision of the court or other public
authority or of a
private agency and approved by the court
and a
child adjudicated a delinquent child may be held in accordance
with division (F)(2) of this section in a facility of a type
specified in that division.
Division (B) of this section does not
apply to a child alleged to
be or adjudicated a delinquent child
for chronic truancy, unless
the child
violated a lawful court
order made pursuant to
division
(A)(5)(6) of section
2152.19 of
the Revised Code. Division (B) of
this section also does not
apply to a child alleged
to be or
adjudicated a delinquent child
for being an habitual truant who
previously has
been adjudicated
an unruly child for being an
habitual truant, unless the
child
violated a lawful
court order
made pursuant to division (C)(1)(e)
of
section 2151.354 of the
Revised Code.
(C)(1) Except as provided under division (C)(1) of section
2151.311 of the Revised Code or division (A)(5) of section
2152.21
of the
Revised Code, a child
alleged to be or adjudicated
a
juvenile traffic offender may not be held in
any
of the
following
facilities: (a) A state correctional institution, county,
multicounty,
or
municipal jail or workhouse, or other place in which an adult
convicted of
crime, under arrest, or charged with a crime is held. (b) A secure correctional facility. (2) Except as provided under this section, sections 2151.56
to 2151.61, and
division
divisions
(A)(5)
and (6) of section
2152.21 of the
Revised
Code, a child alleged to be or adjudicated
a
juvenile
traffic
offender may not be held for more than
twenty-four hours in a
detention facility.
(D) Except as provided in division (F) of this section or
in
division (C) of section 2151.311, in division (C)(2) of
section
5139.06 and
section 5120.162, or in division (B) of section
5120.16 of
the Revised Code, a child who is alleged to be or is
adjudicated a delinquent child may not be held in a state
correctional institution, county, multicounty, or municipal jail
or workhouse, or other place where an adult convicted of crime,
under arrest, or charged with crime is held.
(E) Unless the detention is pursuant to division (F) of
this
section or division (C) of
section 2151.311, division (C)(2) of
section 5139.06 and section
5120.162, or division (B) of section
5120.16 of the Revised Code, the official
in charge of the
institution, jail, workhouse, or other facility shall inform the
court immediately when a child, who is or appears to be under the
age of eighteen years, is received at the facility, and shall
deliver the child to the court upon request or transfer the child
to a
detention facility designated by the court. (F)(1) If a case is transferred to another court for
criminal
prosecution pursuant to section 2152.12 of the Revised
Code, the
child may be transferred for detention pending the
criminal
prosecution in a jail or other facility in accordance
with the
law
governing the detention of persons charged with
crime. Any
child
so held shall be confined in a manner that keeps
the child beyond
the
range of touch of all adult detainees. The
child shall
be
supervised at all times during the detention.
(2) If a person is adjudicated a delinquent child or
juvenile traffic offender and the court makes a disposition of the
person under this chapter, at any time after the person attains
eighteen years of age, the person may be held under that
disposition in places other than those specified in division (A)
of this section, including, but not limited to, a county,
multicounty, or municipal jail or workhouse, or other place where
an adult convicted of crime, under arrest, or charged with crime
is held. (3)(a) A person alleged to be a delinquent child may be held
in places other than those specified in division (A) of this
section, including, but not limited to, a county, multicounty, or
municipal jail, if the delinquent act that the child allegedly
committed would be a felony if committed by an adult, and if
either of the following applies: (i) The person attains eighteen years of age before the
person is arrested or apprehended for that act. (ii) The person is arrested or apprehended for that act
before the person attains eighteen years of age, but the person
attains eighteen years of age before the court orders a
disposition in the case. (b) If, pursuant to division (F)(3)(a) of this section, a
person is held in a place other than a place specified in division
(A) of this section, the person has the same rights to bail as an
adult charged with the same offense who is confined in a jail
pending trial.
Sec. 2152.41. (A) Upon the recommendation of the judge,
the
board
of county commissioners shall provide, by purchase,
lease,
construction, or otherwise, a detention
facility that
shall be within a convenient distance of the
juvenile
court. The
facility shall not be used for the
confinement of adults charged
with criminal offenses. The facility may be
used to detain
alleged delinquent children until
final disposition for
evaluation pursuant to section 2152.04
of the Revised Code, to
confine children who are adjudicated delinquent children and
placed in the facility pursuant to division (A)(3) of section
2152.19 of the Revised Code, and
for
to confine
children
who are
adjudicated
juvenile traffic offenders
and committed to the
facility under
division
(A)(5) or (6) of section 2152.21 of the
Revised Code. (B) Upon the joint recommendation of the
juvenile judges of
two or
more neighboring counties, the boards of county
commissioners of the counties shall form themselves into a joint
board and proceed to organize a district for the establishment
and
support of a detention facility for the use of the
juvenile
courts of those counties, in which alleged delinquent children may
be detained as provided in division
(A) of this section, by using
a site or buildings
already established in one of the counties or
by providing for
the purchase of a site and the erection of the
necessary
buildings on the site. A child who is adjudicated to be a juvenile traffic
offender
for having committed 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 may be confined
in a
detention facility or district detention
facility pursuant to
division (A)(5) of section 2152.21
of the Revised Code, provided
the child is kept separate and apart from alleged delinquent
children. Except as otherwise provided by law, district detention
facilities
shall be established, operated, maintained, and managed
in the same
manner so far as applicable as county detention
facilities. Members of the board of county commissioners who meet by
appointment to consider the organization of a district detention
home, upon
presentation of properly certified accounts, shall be
paid their
necessary expenses upon a warrant drawn by the county
auditor of
their county. The county auditor of the county having the greatest
population
or, with the unanimous concurrence of the county
auditors of the
counties composing a district, the auditor of the
county in which the
detention facility is located shall be the
fiscal officer of a
detention facility district. The county
auditors of the several
counties composing a detention facility
district shall meet at the
district detention facility, not less
than once in six months, to
review accounts and to transact any
other duties in connection
with the institution that pertain to
the business of their office. (C) In any county in which there is no detention
facility or
that
is not
served by a district detention facility, the juvenile
court may enter into a contract, subject to the approval of the
board of
county commissioners, with another juvenile court,
another county's detention
facility, or a joint county detention
facility. Alternately, the board of
county
commissioners shall
provide funds for the boarding of
children, who would be
eligible for detention under division
(A) of this section,
temporarily in private homes or in certified foster homes
approved
by the court for
a period not exceeding sixty days or
until final
disposition of their cases,
whichever comes first.
The court also
may arrange with any public
children services
agency or private
child placing agency to
receive, or private
noncustodial agency
for temporary care of,
children within the
jurisdiction of the
court.
If the court arranges for the board of children temporarily
detained in certified foster homes or through any private child
placing agency, the county
shall pay a
reasonable sum to be fixed
by the court for the board of those
children. In order to have
certified
foster homes available for service, an agreed monthly
subsidy may
be paid and a fixed rate per day for care of children
actually
residing in the certified foster home. (D) The board of county commissioners of any county within a
detention facility district, upon the recommendation of the
juvenile court of
that county, may withdraw from the
district and
sell or lease its right, title, and interest in the
site,
buildings, furniture, and equipment of the facility to any
counties in the district, at any price and upon any such terms
that are
agreed upon among the boards of county commissioners of
the
counties concerned. Section 307.10 of the Revised Code does
not
apply to this division. The net proceeds of any sale or lease
under this
division shall
be paid into the treasury of the
withdrawing county. The members of the board of trustees of a district detention
facility
who are residents of a county withdrawing from the
district are deemed
to have resigned their positions upon the
completion of the withdrawal
procedure provided by this division.
The vacancies then created shall
be filled as provided in this
section. (E) The children to be admitted for care in a county or
district
detention facility established under this section, the
period during which
they shall be cared for in the facility, and
the
removal and transfer of children from the facility shall be
determined by the juvenile court that ordered the child's
detention.
Sec. 2152.74. (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,
placed in a detention facility or district detention facility
pursuant to division (A)(3) of section 2152.19 of the Revised
Code, or
to
placed in a school, camp, institution,
or other
facility for delinquent
children described in division
(A)(2) of
section 2152.19 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
detention facility, district
detention facility, school,
camp, institution, or other facility
for
delinquent children to
which the child was committed
or in
which the child was placed. 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
or places
the child in a
detention facility, district detention facility,
school, camp, institution, or other
facility for delinquent
children, the chief administrative
officer of the
detention
facility, district detention facility, school, camp,
institution,
or facility to which
the child is committed
or in which the child
is placed shall
cause the
DNA specimen to be collected
from the
child during the
intake process for the
detention facility,
district detention facility, 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
or placed in the
department of youth
services, a
detention facility or district detention facility, 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, from the custody
of the detention facility or district detention facility, 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
detention facility, district detention
facility, school, camp, institution, or facility to
which the
child is
committed
or in which the child was placed 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
detention facility, district detention
facility, school,
camp, institution, or
facility to which the
child is committed
or in which the child was placed.
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)
If the DNA specimen is collected by withdrawing blood
from the child or a similarly invasive procedure, 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.
If the DNA specimen is collected by swabbing for buccal cells or a
similarly noninvasive procedure, this section does not require
that the DNA specimen be collected by a qualified medical
practitioner of that nature. 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
detention
facility, district detention facility, school, camp,
institution,
or
other facility for delinquent children to which
the child is
committed
or in which the child was placed 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
detention facility, district detention
facility, 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,
2903.11,
2905.01,
2907.02, 2907.03, 2907.05,
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
2903.01,
2903.02, 2907.02,
2907.03,
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,
2905.01,
2907.02,
2907.03,
2907.05,
or
2911.11 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; (6) A felony 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 2903.11, 2911.01, 2911.02, or
2911.12 of the Revised Code that previously was dismissed or
amended; (7) A violation of section 2923.01 of the Revised Code
involving a conspiracy to commit a violation of section 2903.01,
2903.02, 2905.01, 2911.01, 2911.02, 2911.11, or 2911.12 of the
Revised Code; (8) A violation of section 2923.03 of the Revised Code
involving complicity in committing a violation of section 2903.01,
2903.02, 2903.11, 2905.01, 2907.02, 2907.03, 2907.04, 2907.05,
2911.01, 2911.02, 2911.11, or 2911.12 of the Revised Code or a
violation of section 2907.12 of the Revised Code as it existed
prior to September 3, 1996. (E) The director of youth services and the chief
administrative
officer of a
detention facility, district detention
facility, school, camp, institution, or other
facility for
delinquent
children is not required to comply with
this section
in
relation to the following acts 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
of that
nature: (1) A violation of section 2903.11, 2911.01, 2911.02, or
2911.12 of the Revised Code; (2) An attempt to commit a violation of section 2903.01 or
2903.02 of the Revised Code; (3) A felony 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 2903.11, 2911.01, 2911.02, or
2911.12 of
the Revised Code that previously was dismissed or
amended; (4) A violation of section 2923.01 of the Revised Code
involving a conspiracy to commit a violation of section 2903.01,
2903.02, 2905.01, 2911.01, 2911.02, 2911.11, or 2911.12 of the
Revised Code; (5) A violation of section 2923.03 of the Revised Code
involving complicity in committing a violation of section 2903.01,
2903.02, 2903.11, 2905.01, 2907.02, 2907.03, 2907.04, 2907.05,
2911.01, 2911.02, 2911.11, or 2911.12 of the Revised Code or a
violation of section 2907.12 of the Revised Code as it existed
prior to September 3, 1996.
Sec. 5139.42. In developing the formula described in
section
5139.41 of the Revised Code, the department of youth
services
shall use the data included by each juvenile court in
the
annual
report described in division (C)(3)(b) of section
5139.43
of the
Revised Code, other data included in any monthly
reports
that the
department may require juvenile courts to file
under
division
(C)(3)(c) of that section, and other data derived from a
fiscal
monitoring program or another monitoring program
described
in
division (C)(3)(d) of that section to
project or calculate the
following for each year of a biennium: (A) The total number of children who will be adjudicated
delinquent children by the juvenile courts for acts that if
committed by an adult would be a felony; (B) The number of public safety beds; (C) The state target youth; (D) The per diem cost for the care and custody of felony
delinquents that shall be calculated for each year of a biennium
as follows: (1) By multiplying the state target youth by the projected
length of stay of
state target youth in the care and custody of
the department; (2) By subtracting from the appropriation made to the
department for care and custody of felony delinquents for each
fiscal year of
the biennium the amount of the appropriation that
must be set aside pursuant
to division (A) of section 5139.41 of
the Revised Code for purposes of funding
the contingency program
described in section 5139.45 of the Revised Code, and
then; (3) By dividing the remainder of the appropriation that was
so calculated
under division (D)(2) of this section by the
product
derived under division (D)(1) of this section; (3) By dividing the quotient derived under division (D)(2)
of this
section by the
number of days in the fiscal year.
(E) For each county of the state, that county's average
percentage of the total number of children
who during the past
four fiscal years
were
adjudicated
delinquent children by the
juvenile courts for acts that, if
committed by an adult, would be
a felony; (F) The number of children who satisfy all of the following: (1) They are at least twelve years
of age but less than
eighteen years of age. (2) They were adjudicated
delinquent children for having
committed acts that if committed
by an adult would be a felony. (3) They were committed to the
department by the juvenile
court of a county that has had
one-tenth of one per cent or less
of the statewide adjudications
for felony delinquents as averaged
for the past four
fiscal
years. (4) They are in the care and custody of an institution or a
community
corrections facility.
Section 2. That existing sections 2151.011, 2151.35,
2151.354, 2151.359, 2152.02, 2152.19, 2152.21, 2152.26, 2152.41,
2152.74, and 5139.42 of the Revised Code are hereby repealed.
Section 3. Section 2151.35 of the Revised Code is
presented
in Section 1 of
this act as a
composite of the section as amended
by
both Am. Sub. S.B. 179 and
Sub. S.B. 218 of the 123rd General
Assembly. Section 2152.19 of the Revised Code is presented in
Section 1 of this act as a composite of the section as amended by
both Sub. H.B. 247 and Sub. H.B. 393 of the 124th General
Assembly. The General
Assembly, applying the
principle stated in
division (B) of section
1.52 of the Revised
Code that amendments
are to be harmonized if
reasonably capable of
simultaneous
operation, finds that the
composites are the resulting
versions of
the sections in effect prior
to the effective date of
the sections
as presented in Section 1 of this act.
Section 4. That the versions of sections 2151.354, 2152.19,
and 2152.21 of the Revised Code that are scheduled to take effect
January 1, 2004, be amended to read as follows:
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 community control under any
sanctions, services, and conditions that the court prescribes,
as
described in division (A)(3)(4) of section 2152.19 of the Revised
Code, provided that, if the court imposes a period of community
service upon the child, the period of community service shall not
exceed one hundred seventy-five hours; (3) Suspend
the driver's license, probationary
driver's
license, or temporary instruction permit issued to the
child
for a
period of time prescribed by the court and suspend
the
registration of all motor vehicles
registered in the
name of the
child
for a period of time prescribed by the court. 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. (4) Commit the child to the temporary or permanent custody
of the court; (5)
Make any further disposition the court finds proper that
is consistent
with sections 2151.312 and 2151.56 to 2151.61 of the
Revised Code; (6) 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),
(3), (4),
(5), and
(7)(8) of section
2152.19 of
the
Revised Code
that is
consistent with sections
2151.312
and
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,
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
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. The court, in its
discretion, may
terminate the suspension if 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
a program
as described in this
division,
the court shall
retain
the child's temporary
instruction
permit, probationary driver's
license, or driver's
license, and
the court shall
return
the permit or license
if it
terminates the suspension. (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, including an order requiring
the child to not be
absent without
legitimate excuse from the
public school the child is supposed to attend
for five or more
consecutive days, seven or more school days in
one school month,
or twelve or more school days in a school year
and including an
order
requiring the child to participate in a truancy prevention
mediation
program. (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, all 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 may require the
parent, guardian, or other
person having care of the child to participate in a
truancy
prevention mediation program. (c) 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. 2152.19. (A) If a child is adjudicated a delinquent
child,
the court may make any of the following orders of
disposition, in
addition to any other disposition authorized or
required by this
chapter: (1) Any
order that is authorized by section 2151.353 of the
Revised Code for the care and protection of an abused,
neglected,
or
dependent child; (2) 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
2152.41 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, including, but not limited to, a school, camp,
or facility operated under section 2151.65 of the Revised Code; (3)
Place the child in a detention
facility or district
detention facility operated under section
2152.41 of the Revised
Code, for up to ninety days; (4) Place the child on community control under any
sanctions,
services,
and conditions that the court prescribes. As
a
condition of
community control in every case and in addition to
any other
condition that it imposes upon the child, the court
shall require the child
to abide by the law during the period of
community control. As
referred to in this division, community
control includes, but is
not limited to, the following sanctions
and conditions: (a) A period of basic probation 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; (b) A period of intensive probation 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; (c) A period of day reporting in which the child is
required
each day to report to and leave a center or another 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; (d) A period of community service of up to five hundred
hours for an act that would be a felony or a misdemeanor of the
first degree
if committed by an adult,
up to two hundred hours for
an act that would be a misdemeanor of the second,
third, or fourth
degree
if committed by an adult, or up to thirty hours for an act
that
would be a minor misdemeanor if committed by an adult; (e) A requirement that the child obtain a high school
diploma, a
certificate of high school equivalence, vocational
training, or
employment; (f) A period of drug and alcohol use monitoring; (g) A requirement of alcohol or drug assessment or
counseling, or a period in an alcohol or drug treatment program
with a level
of security for the child
as determined necessary by
the court; (h) A period in which the court orders the child to
observe
a curfew that may involve daytime or evening hours; (i) A requirement that the child serve monitored time; (j) A period of house arrest with or without electronic
monitoring; (k) A period of electronic monitoring without house arrest
or
electronically monitored house arrest that does not exceed the
maximum
sentence of imprisonment
that could be imposed upon an
adult who commits the same act. A period of electronically monitored house arrest imposed
under
this division shall not extend beyond the child's
twenty-first birthday. If a
court
imposes a period of
electronically monitored house arrest upon a
child under this
division, 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 arrest 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
can determine
the child's location at designated times; to report
periodically
to a person designated by the court; and to enter
into a written
contract with the court agreeing to comply with all
requirements
imposed by the court, agreeing to pay any fee imposed
by the court
for the costs of the electronically monitored house
arrest, and
agreeing to waive the right to receive credit for any
time served
on electronically monitored house arrest toward the
period of any
other dispositional order imposed upon the child if
the child
violates any of the requirements of the dispositional
order of
electronically monitored house arrest. The court also
may impose
other reasonable requirements upon the child.
Unless ordered by the court, a child shall not receive credit
for any time
served on
electronically monitored house arrest
toward any other dispositional
order imposed upon the child for
the act for which was imposed the
dispositional order of
electronically monitored house arrest. (l) A suspension of the driver's license, probationary
driver's
license, or temporary instruction permit issued to the
child
for a period of time prescribed by the court, or a
suspension
of the
registration of all motor vehicles
registered in
the name of the child
for a period of time prescribed by the
court. 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. (4)(5) Commit the child to the custody of the
court;
(5)(6)
Require the child to not be absent without legitimate
excuse from
the public school the child is supposed to attend for
five or more
consecutive days, seven or more school days in one
school month, or
twelve or more school days in a school year;
(6)(7)(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 a
habitual truant, do
either or both of the following:
(i) Require the child to participate in a truancy prevention
mediation program;
(ii) Make any order of disposition as authorized by this
section,
except that the court shall not commit the child to a
facility described
in division (A)(2)
or (3) of this section
unless the
court
determines that the child violated a lawful court
order made
pursuant to
division (C)(1)(e) of section 2151.354 of
the
Revised
Code
or division (A)(5)(6) of this section.
(b) If a child is adjudicated a delinquent child for being a
chronic truant or a habitual truant who previously has been
adjudicated an
unruly child for being a
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, do
either or both of the
following:
(i) Require the parent, guardian, or other person having
care of
the child to participate in a truancy prevention mediation
program; (ii) 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.
(7)(8) Make any further disposition that the court finds
proper,
except that the child shall not be placed in any of the
following:
(a) A state correctional institution, a county, multicounty,
or
municipal jail or workhouse, or another place in which an adult
convicted of a crime, under arrest, or charged with a crime is
held; (b) A community corrections facility, if the child would be
covered by the definition of public safety beds for purposes of
sections
5139.41 to 5139.45 of the Revised Code if the court
exercised its authority to commit the child to the legal custody
of the
department of youth services for institutionalization
or
institutionalization in a secure facility pursuant to this
chapter.
(B) If a child is adjudicated a delinquent child, in
addition to
any order of disposition made under division (A) of
this section, the
court, in
the following situations
and for the
specified periods of time, shall
suspend the child's temporary
instruction
permit, restricted
license, probationary driver's
license, or nonresident
operating
privilege, or suspend the
child's ability to obtain such a permit: (1)
If the child is adjudicated a delinquent child for
violating
section 2923.122 of the Revised Code,
impose a class
four suspension of the
child's license, permit, or privilege from
the range specified in
division (A)(4) of section 4510.02 of the
Revised Code or deny the
child the issuance of a license or permit
in accordance with
division
(F)(1) of section 2923.122 of
the
Revised Code. (2)
If the child is adjudicated a delinquent child for
committing an
act that if committed by an adult would be a drug
abuse offense
or for violating
division (B) of section 2917.11 of
the Revised
Code,
suspend the child's license, permit, or
privilege for a period of time prescribed by the court. The court,
in its discretion, may terminate the suspension
if 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
a program
described in this division, the
court shall retain
the child's
temporary instruction permit, probationary
driver's license, or
driver's
license, and the
court shall return the permit or
license
if it terminates the
suspension as described in this
division. (C) The court may establish a victim-offender mediation
program
in which victims and their offenders meet to discuss the
offense and suggest
possible restitution. If the court obtains
the
assent of the victim of the delinquent act committed by the
child,
the court may require the child to participate in the
program. (D)(1) If a child is adjudicated a delinquent child for
committing an act that would be a felony if committed by an adult
and if the
child caused, attempted to cause, threatened to
cause,
or created a risk of physical harm to the victim of the
act, 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. However, the court may furnish copies of
the statement
to the department of youth services if the
delinquent child
is committed to the department 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
this section
shall be kept confidential and is not a public
record.
If an officer is preparing pursuant to section 2947.06 or
2951.03 of the Revised Code or Criminal Rule 32.2 a presentence
investigation report pertaining to a person, the court shall make
available to the officer, for use in preparing the report, a copy
of any victim impact statement regarding that person. 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 this division
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 chapter.
The copy of a victim impact statement that is made available
pursuant to this division to an officer preparing a criminal
presentence investigation report shall be returned to the court by
the officer immediately following its use in preparing the report. (4) The department of youth services shall work with local
probation departments and victim assistance programs to develop a
standard victim impact statement. (E) 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.
(F)(1) During the period of a delinquent child's community
control granted under 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 community
control. The court that places a
delinquent child on community
control under 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 community control 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 community control. The court
also shall provide the written notice described in division
(E)(2)
of this section to each
parent, guardian, or custodian of the
delinquent child who is described in
that
division. (2) The court that places a child on community control under
this
section shall provide the child's parent, guardian, or other
custodian
with a written notice that informs them that authorized
probation
officers may conduct searches pursuant to division
(E)(1) of this
section. The notice shall specifically state that
a permissible
search might extend to a motor vehicle, another item
of tangible
or intangible personal property, or a place of
residence or other
real property in which a notified parent,
guardian, or custodian
has a right, title, or interest and that
the parent, guardian, or
custodian expressly or impliedly permits
the child to use, occupy,
or possess.
(G) If a juvenile court commits a delinquent child to the
custody of any person, organization, or entity pursuant to this
section and if the delinquent act for which the child is so
committed is a sexually oriented offense, the court in the order
of disposition
shall do one of the following: (1) Require that the child be provided treatment as
described in division (A)(2) of section 5139.13 of the Revised
Code; (2) Inform the person, organization, or entity
that it is
the
preferred course of action in this state that the
child be
provided treatment as described in division (A)(2) of
section
5139.13
of the Revised Code and encourage the
person,
organization,
or entity to provide that treatment.
Sec. 2152.21. (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 costs and one or more financial sanctions
in
accordance with section
2152.20 of the Revised Code; (2)
Suspend the child's
driver's license, probationary
driver's license, or temporary
instruction
permit
for a definite
period not exceeding two years or
suspend the
registration of
all
motor vehicles registered in the name of
the
child for a
definite
period not exceeding two years.
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) Place the child on community control; (4) Require the child to make restitution for all damages
caused by the child's traffic violation; (5)(a) 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 equivalent to that division,
commit the
child, for
not longer than five days, to either of the following: (i)
The temporary custody of
a detention facility or
district detention
facility established under
section 2152.41 of
the Revised Code; (ii)
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 2152.41 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.
(b) 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)(5)(a) 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. (6) If, after making a disposition under divisions (A)(1)
to
(5) 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),
(3), (4),
(5), and
(7)(8) of
section 2152.19 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)(5) of this section, and
commitment to or
placement in
a detention facility may not exceed
twenty-four hours. (B) If a child is adjudicated a juvenile traffic offender
for violating division (A) or (B) of section
4511.19 of the
Revised Code, in addition to any order of disposition made
under
division (A) of this section, the court shall
impose a
class six
suspension of the
temporary instruction permit,
probationary
driver's
license, or
driver's license
issued to the
child
from
the
range specified in division (A)(6) of section 4510.02 of the
Revised Code. The court, in its discretion, may terminate the
suspension if 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
a program
as described in this division, the court
shall
retain
the child's
temporary instruction permit,
probationary driver's
license, or driver's license issued, and
the
court shall return
the
permit or
license
if it terminates the
suspension as described in this division.
(C) If a child is adjudicated a juvenile traffic offender
for violating division (B)(1)
of section 4513.263 of
the
Revised
Code, the court shall impose the appropriate fine set
forth in
division (G) of that section.
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)(2) of
that section. 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 or community control. (D) A juvenile traffic offender is subject to sections
4509.01 to 4509.78 of the Revised Code.
Section 5. That the existing versions of sections 2151.354,
2152.19, and 2152.21 of the Revised Code that are scheduled to
take effect January 1, 2004, are hereby repealed.
Section 6. Sections 4 and 5 of this act shall take effect
January 1, 2004.
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