To amend sections 2151.35 and 2945.17 of the Revised Code to remove the right to jury trial for an adult in a truancy case filed jointly against a truant child and the parent, guardian, or other person having care of the child and to amend sections 109.42, 109.54, 109.573, 133.01, 181.22, 307.02, 307.022, 329.05, 2151.01, 2151.011, 2151.022, 2151.07, 2151.08, 2151.10, 2151.11, 2151.12, 2151.14, 2151.141, 2151.18, 2151.211, 2151.23, 2151.24, 2151.25, 2151.26, 2151.27, 2151.271, 2151.28, 2151.29, 2151.31, 2151.311, 2151.312, 2151.313, 2151.314, 2151.315, 2151.34, 2151.341, 2151.343, 2151.35, 2151.352, 2151.354, 2151.356, 2151.357, 2151.358, 2151.359, 2151.3510, 2151.3511, 2151.36, 2151.38, 2151.62, 2151.65, 2151.651, 2151.652, 2151.655, 2151.78, 2151.79, 2151.99, 2153.16, 2301.03, 2301.31, 2701.03, 2744.01, 2744.03, 2919.24, 2921.32, 2923.211, 2923.32, 2923.33, 2923.34, 2923.36, 2923.44, 2923.45, 2925.42, 2925.43, 2929.01, 2929.12, 2929.23, 2930.12, 2930.13, 2938.02, 2941.141, 2941.142, 2941.144, 2941.145, 2941.146, 3109.41, 3301.121, 3313.66, 3321.19, 3321.22, 3730.07, 3730.99, 4109.08, 5103.03, 5120.16, 5120.172, 5139.01, 5139.02, 5139.04, 5139.05, 5139.06, 5139.07, 5139.11, 5139.18, 5139.191, 5139.20, 5139.27, 5139.271, 5139.281, 5139.29, 5139.31, 5139.32, 5139.35, 5139.41, 5139.50, 5139.51, 5139.52, 5139.53, 5139.54, 5139.55, 5705.01, and 5705.19; to amend, for the purpose of adopting new section numbers as indicated in parentheses, sections 2151.11 (2152.73), 2151.18 (2152.71), 2151.25 (2152.03), 2151.26 (2152.12), 2151.312 (2152.26), 2151.315 (2152.74), 2151.34 (2152.41), 2151.341 (2152.43), 2151.343 (2152.44), 2151.356 (2152.21), 2151.3511 (2152.81), 2151.47 (2152.67), and 2151.62 (2152.72); to enact new sections 2151.18 and 2151.312 and sections 2152.01, 2152.02, 2152.021, 2152.04, 2152.10, 2152.11, 2152.13, 2152.14, 2152.16, 2152.17, 2152.18, 2152.19, 2152.20, 2152.22, 2152.42, 2152.61, and 2152.99; and to repeal sections 2151.02, 2151.021, 2151.342, 2151.344, 2151.345, 2151.346, 2151.347, 2151.348, 2151.349, 2151.3410, 2151.3411, 2151.3412, 2151.3413, 2151.3414, 2151.3415, 2151.3416, 2151.355, 2151.3512, 2151.411, 2151.45, 2151.46, 2151.48, 2151.51, and 5139.24 of the Revised Code effective January 1, 2002, to implement, with modifications, the recommendations of the Criminal Sentencing Commission pertaining to juvenile offender transfers of alleged delinquent children to criminal court for prosecution, dispositions of delinquent children and juvenile traffic offenders, and other changes to the Juvenile Court Law and the Juvenile Code.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Sec. 2151.35. (A)(1) The juvenile court may conduct its hearings in an informal manner and may adjourn its hearings from time to time. In the hearing of any case, the general public may be excluded and only those persons admitted who have a direct interest in the case.

Except cases involving children who are alleged to be unruly or delinquent children for being habitual or chronic truants, all cases involving children shall be heard separately and apart from the trial of cases against adults. The court may excuse the attendance of the child at the hearing in cases involving abused, neglected, or dependent children. The court shall hear and determine all cases of children without a jury, except that section 2151.47 of the Revised Code shall apply in cases involving a complaint that jointly alleges that a child is an unruly or delinquent child for being an habitual or chronic truant and that a parent, guardian, or other person having care of the child failed to cause the child's attendance at school.

If a complaint alleges a child to be a delinquent child, unruly child, or juvenile traffic offender, the court shall require the parent, guardian, or custodian of the child to attend all proceedings of the court regarding the child. If a parent, guardian, or custodian fails to so attend, the court may find the parent, guardian, or custodian in contempt.

If the court at the adjudicatory hearing finds from clear and convincing evidence that the child is an abused, neglected, or dependent child, the court shall proceed, in accordance with division (B) of this section, to hold a dispositional hearing and hear the evidence as to the proper disposition to be made under section 2151.353 of the Revised Code. If the court at the adjudicatory hearing finds beyond a reasonable doubt that the child is a delinquent or unruly child or a juvenile traffic offender, the court shall proceed immediately, or at a postponed hearing, to hear the evidence as to the proper disposition to be made under sections 2151.352 to 2151.355 of the Revised Code. If the court at the adjudicatory hearing finds beyond a reasonable doubt that the child is an unruly child for being an habitual truant, or that the child is an unruly child for being an habitual truant and that the parent, guardian, or other person having care of the child has failed to cause the child's attendance at school in violation of section 3321.38 of the Revised Code, the court shall proceed to hold a hearing to hear the evidence as to the proper disposition to be made in regard to the child under division (C)(1) of section 2151.354 of the Revised Code and the proper action to take in regard to the parent, guardian, or other person having care of the child under division (C)(2) of section 2151.354 of the Revised Code. If the court at the adjudicatory hearing finds beyond a reasonable doubt that the child is a delinquent child for being a chronic truant or for being an habitual truant who previously has been adjudicated an unruly child for being an habitual truant, or that the child is a delinquent child for either of those reasons and the parent, guardian, or other person having care of the child has failed to cause the child's attendance at school in violation of section 3321.38 of the Revised Code, the court shall proceed to hold a hearing to hear the evidence as to the proper disposition to be made in regard to the child under division (A)(24)(a) of section 2151.355 of the Revised Code and the proper action to take in regard to the parent, guardian, or other person having care of the child under division (A)(24)(b) of section 2151.355 of the Revised Code.

If the court does not find the child to be an abused, neglected, dependent, delinquent, or unruly child or a juvenile traffic offender, it shall order that the complaint be dismissed and that the child be discharged from any detention or restriction theretofore ordered.

(2) A record of all testimony and other oral proceedings in juvenile court shall be made in all proceedings that are held pursuant to section 2151.414 of the Revised Code or in which an order of disposition may be made pursuant to division (A)(4) of section 2151.353 of the Revised Code, and shall be made upon request in any other proceedings. The record shall be made as provided in section 2301.20 of the Revised Code.

(B)(1) If the court at an adjudicatory hearing determines that a child is an abused, neglected, or dependent child, the court shall not issue a dispositional order until after the court holds a separate dispositional hearing. The court may hold the dispositional hearing for an adjudicated abused, neglected, or dependent child immediately after the adjudicatory hearing if all parties were served prior to the adjudicatory hearing with all documents required for the dispositional hearing. The dispositional hearing may not be held more than thirty days after the adjudicatory hearing is held. The court, upon the request of any party or the guardian ad litem of the child, may continue a dispositional hearing for a reasonable time not to exceed the time limits set forth in this division to enable a party to obtain or consult counsel. The dispositional hearing shall not be held more than ninety days after the date on which the complaint in the case was filed.

If the dispositional hearing is not held within the period of time required by this division, the court, on its own motion or the motion of any party or the guardian ad litem of the child, shall dismiss the complaint without prejudice.

(2) The dispositional hearing shall be conducted in accordance with all of the following:

(a) The judge or referee who presided at the adjudicatory hearing shall preside, if possible, at the dispositional hearing;

(b) The court may admit any evidence that is material and relevant, including, but not limited to, hearsay, opinion, and documentary evidence;

(c) Medical examiners and each investigator who prepared a social history shall not be cross-examined, except upon consent of the parties, for good cause shown, or as the court in its discretion may direct. Any party may offer evidence supplementing, explaining, or disputing any information contained in the social history or other reports that may be used by the court in determining disposition.

(3) After the conclusion of the dispositional hearing, the court shall enter an appropriate judgment within seven days and shall schedule the date for the hearing to be held pursuant to section 2151.415 of the Revised Code. The court may make any order of disposition that is set forth in section 2151.353 of the Revised Code. A copy of the judgment shall be given to each party and to the child's guardian ad litem. If the judgment is conditional, the order shall state the conditions of the judgment. If the child is not returned to the child's own home, the court shall determine which school district shall bear the cost of the child's education and shall comply with section 2151.36 of the Revised Code.

(4) As part of its dispositional order, the court may issue any order described in division (B) of section 2151.33 of the Revised Code.

(C) The court shall give all parties to the action and the child's guardian ad litem notice of the adjudicatory and dispositional hearings in accordance with the Juvenile Rules.

(D) If the court issues an order pursuant to division (A)(4) of section 2151.353 of the Revised Code committing a child to the permanent custody of a public children services agency or a private child placing agency, the parents of the child whose parental rights were terminated cease to be parties to the action upon the issuance of the order. This division is not intended to eliminate or restrict any right of the parents to appeal the permanent custody order issued pursuant to division (A)(4) of section 2151.353 of the Revised Code.

(E) Each juvenile court shall schedule its hearings in accordance with the time requirements of this chapter.

(F) In cases regarding abused, neglected, or dependent children, the court may admit any statement of a child that the court determines to be excluded by the hearsay rule if the proponent of the statement informs the adverse party of the proponent's intention to offer the statement and of the particulars of the statement, including the name of the declarant, sufficiently in advance of the hearing to provide the party with a fair opportunity to prepare to challenge, respond to, or defend against the statement, and the court determines all of the following:

(1) The statement has circumstantial guarantees of trustworthiness;

(2) The statement is offered as evidence of a material fact;

(3) The statement is more probative on the point for which it is offered than any other evidence that the proponent can procure through reasonable efforts;

(4) The general purposes of the evidence rules and the interests of justice will best be served by the admission of the statement into evidence.

(G) If a child is alleged to be an abused child, the court may order that the testimony of the child be taken by deposition. On motion of the prosecuting attorney, guardian ad litem, or any party, or in its own discretion, the court may order that the deposition be videotaped. Any deposition taken under this division shall be taken with a judge or referee present.

If a deposition taken under this division is intended to be offered as evidence at the hearing, it shall be filed with the court. Part or all of the deposition is admissible in evidence if counsel for all parties had an opportunity and similar motive at the time of the taking of the deposition to develop the testimony by direct, cross, or redirect examination and the judge determines that there is reasonable cause to believe that if the child were to testify in person at the hearing, the child would experience emotional trauma as a result of participating at the hearing.

Sec. 2945.17. At any trial, in any court, for the violation of any statute of this state, or of any ordinance of any municipal corporation, except in cases in which the penalty involved does not exceed a fine of one hundred dollars, the accused has the right to be tried by a jury. THIS SECTION DOES NOT APPLY TO, AND THERE IS NO RIGHT TO A JURY TRIAL FOR, A PERSON WHO IS THE SUBJECT OF A COMPLAINT FILED UNDER SECTION 2151.27 of the Revised Code AGAINST BOTH A CHILD AND THE PARENT, GUARDIAN, OR OTHER PERSON HAVING CARE OF THE CHILD.

Sec. 109.42. (A) The attorney general shall prepare and have printed a pamphlet that contains a compilation of all statutes relative to victim's rights in which the attorney general lists and explains the statutes in the form of a victim's bill of rights. The attorney general shall distribute the pamphlet to all sheriffs, marshals, municipal corporation and township police departments, constables, and other law enforcement agencies, to all prosecuting attorneys, city directors of law, village solicitors, and other similar chief legal officers of municipal corporations, and to organizations that represent or provide services for victims of crime. The victim's bill of rights set forth in the pamphlet shall contain a description of all of the rights of victims that are provided for in Chapter 2930. or in any other section of the Revised Code and shall include, but not be limited to, all of the following:

(1) The right of a victim or a victim's representative to attend a proceeding before a grand jury, in a juvenile case, or in a criminal case pursuant to a subpoena without being discharged from the victim's or representative's employment, having the victim's or representative's employment terminated, having the victim's or representative's pay decreased or withheld, or otherwise being punished, penalized, or threatened as a result of time lost from regular employment because of the victim's or representative's attendance at the proceeding pursuant to the subpoena, as set forth in section 2151.211, 2930.18, 2939.121, or 2945.451 of the Revised Code;

(2) The potential availability pursuant to section 2151.411 2151.359 OR 2152.61 of the Revised Code of a forfeited recognizance to pay damages caused by a child when the delinquency of the child or child's violation of probation OR COMMUNITY CONTROL is found to be proximately caused by the failure of the child's parent or guardian to subject the child to reasonable parental authority or to faithfully discharge the conditions of probation OR COMMUNITY CONTROL;

(3) The availability of awards of reparations pursuant to sections 2743.51 to 2743.72 of the Revised Code for injuries caused by criminal offenses;

(4) The right of the victim in certain criminal or juvenile cases or a victim's representative to receive, pursuant to section 2930.06 of the Revised Code, notice of the date, time, and place of the trial or delinquency proceeding in the case or, if there will not be a trial or delinquency proceeding, information from the prosecutor, as defined in section 2930.01 of the Revised Code, regarding the disposition of the case;

(5) The right of the victim in certain criminal or juvenile cases or a victim's representative to receive, pursuant to section 2930.04, 2930.05, or 2930.06 of the Revised Code, notice of the name of the person charged with the violation, the case or docket number assigned to the charge, and a telephone number or numbers that can be called to obtain information about the disposition of the case;

(6) The right of the victim in certain criminal or juvenile cases or of the victim's representative pursuant to section 2930.13 or 2930.14 of the Revised Code, subject to any reasonable terms set by the court as authorized under section 2930.14 of the Revised Code, to make a statement about the victimization and, if applicable, a statement relative to the sentencing or disposition of the offender;

(7) The opportunity to obtain a court order, pursuant to section 2945.04 of the Revised Code, to prevent or stop the commission of the offense of intimidation of a crime victim or witness or an offense against the person or property of the complainant, or of the complainant's ward or child;

(8) The right of the victim in certain criminal or juvenile cases or a victim's representative pursuant to sections 2151.38, 2929.20, 2930.10, 2930.16, and 2930.17 of the Revised Code to receive notice of a pending motion for judicial release or early release of the person who committed the offense against the victim, to make an oral or written statement at the court hearing on the motion, and to be notified of the court's decision on the motion;

(9) The right of the victim in certain criminal or juvenile cases or a victim's representative pursuant to section 2930.16, 2967.12, 2967.26, or 5139.56 of the Revised Code to receive notice of any pending commutation, pardon, parole, transitional control, discharge, other form of authorized release, post-release control, or supervised release for the person who committed the offense against the victim or any application for release of that person and to send a written statement relative to the victimization and the pending action to the adult parole authority or the release authority of the department of youth services;

(10) The right of the victim to bring a civil action pursuant to sections 2969.01 to 2969.06 of the Revised Code to obtain money from the offender's profit fund;

(11) The right, pursuant to section 3109.09 of the Revised Code, to maintain a civil action to recover compensatory damages not exceeding ten thousand dollars and costs from the parent of a minor who willfully damages property through the commission of an act that would be a theft offense, as defined in section 2913.01 of the Revised Code, if committed by an adult;

(12) The right, pursuant to section 3109.10 of the Revised Code, to maintain a civil action to recover compensatory damages not exceeding ten thousand dollars and costs from the parent of a minor who willfully and maliciously assaults a person;

(13) The possibility of receiving restitution from an offender or a delinquent child pursuant to section 2151.355 2152.20, 2929.18, or 2929.21 of the Revised Code;

(14) The right of the victim in certain criminal or juvenile cases or a victim's representative, pursuant to section 2930.16 of the Revised Code, to receive notice of the escape from confinement or custody of the person who committed the offense, to receive that notice from the custodial agency of the person at the victim's last address or telephone number provided to the custodial agency, and to receive notice that, if either the victim's address or telephone number changes, it is in the victim's interest to provide the new address or telephone number to the custodial agency;

(15) The right of a victim of domestic violence to seek the issuance of a temporary protection order pursuant to section 2919.26 of the Revised Code, to seek the issuance of a civil protection order pursuant to section 3113.31 of the Revised Code, and to be accompanied by a victim advocate during court proceedings;

(16) The right of a victim of a sexually oriented offense that is committed by a person who is adjudicated as being a sexual predator or, in certain cases, by a person who is determined to be a habitual sex offender to receive, pursuant to section 2950.10 of the Revised Code, notice that the offender PERSON has registered with a sheriff under section 2950.04 or 2950.05 of the Revised Code and notice of the offender's PERSON'S name and residence address or addresses, and a summary of the manner in which the victim must make a request to receive the notice. As used in this division, "sexually oriented offense," "adjudicated as being a sexual predator," and "habitual sex offender" have the same meanings as in section 2950.01 of the Revised Code.

(17) The right of a victim of certain sexually violent offenses committed by a sexually violent predator who is sentenced to a prison term pursuant to division (A)(3) of section 2971.03 of the Revised Code to receive, pursuant to section 2930.16 of the Revised Code, notice of a hearing to determine whether to modify the requirement that the offender serve the entire prison term in a state correctional facility, whether to continue, revise, or revoke any existing modification of that requirement, or whether to terminate the prison term. As used in this division, "sexually violent offense" and "sexually violent predator" have the same meanings as in section 2971.01 of the Revised Code.

(B)(1)(a) Subject to division (B)(1)(c) of this section, a prosecuting attorney, assistant prosecuting attorney, city director of law, assistant CITY director of law, village solicitor, assistant village solicitor, or similar chief legal officer of a municipal corporation or an assistant of any of those officers who prosecutes an offense committed in this state, upon first contact with the victim of the offense, the victim's family, or the victim's dependents, shall give the victim, the victim's family, or the victim's dependents a copy of the pamphlet prepared pursuant to division (A) of this section and explain, upon request, the information in the pamphlet to the victim, the victim's family, or the victim's dependents.

(b) Subject to division (B)(1)(c) of this section, a law enforcement agency that investigates an offense or delinquent act committed in this state shall give the victim of the offense or delinquent act, the victim's family, or the victim's dependents a copy of the pamphlet prepared pursuant to division (A) of this section at one of the following times:

(i) Upon first contact with the victim, the victim's family, or the victim's dependents;

(ii) If the offense or delinquent act is an offense of violence, if the circumstances of the offense or delinquent act and the condition of the victim, the victim's family, or the victim's dependents indicate that the victim, the victim's family, or the victim's dependents will not be able to understand the significance of the pamphlet upon first contact with the agency, and if the agency anticipates that it will have an additional contact with the victim, the victim's family, or the victim's dependents, upon the agency's second contact with the victim, the victim's family, or the victim's dependents.

If the agency does not give the victim, the victim's family, or the victim's dependents a copy of the pamphlet upon first contact with them and does not have a second contact with the victim, the victim's family, or the victim's dependents, the agency shall mail a copy of the pamphlet to the victim, the victim's family, or the victim's dependents at their last known address.

(c) In complying on and after December 9, 1994, with the duties imposed by division (B)(1)(a) or (b) of this section, an official or a law enforcement agency shall use copies of the pamphlet that are in the official's or agency's possession on December 9, 1994, until the official or agency has distributed all of those copies. After the official or agency has distributed all of those copies, the official or agency shall use only copies of the pamphlet that contain at least the information described in division (A)(1) to (17) of this section.

(2) The failure of a law enforcement agency or of a prosecuting attorney, assistant prosecuting attorney, CITY director of law, assistant CITY director of law, village solicitor, assistant village solicitor, or similar chief legal officer of a municipal corporation or an assistant to any of those officers to give, as required by division (B)(1) of this section, the victim of an offense or delinquent act, the victim's family, or the victim's dependents a copy of the pamphlet prepared pursuant to division (A) of this section does not give the victim, the victim's family, the victim's dependents, or a victim's representative any rights under section 122.95, 2743.51 to 2743.72, 2945.04, 2967.12, 2969.01 to 2969.06, 3109.09, or 3109.10 of the Revised Code or under any other provision of the Revised Code and does not affect any right under those sections.

(3) A law enforcement agency, a prosecuting attorney or assistant prosecuting attorney, or a CITY director of law, assistant CITY director of law, village solicitor, assistant village solicitor, or similar chief legal officer of a municipal corporation that distributes a copy of the pamphlet prepared pursuant to division (A) of this section shall not be required to distribute a copy of an information card or other printed material provided by the clerk of the court of claims pursuant to section 2743.71 of the Revised Code.

(C) The cost of printing and distributing the pamphlet prepared pursuant to division (A) of this section shall be paid out of the reparations fund, created pursuant to section 2743.191 of the Revised Code, in accordance with division (D) of that section.

(D) As used in this section:

(1) "Victim's representative" has the same meaning as in section 2930.01 of the Revised Code;

(2) "Victim advocate" has the same meaning as in section 2919.26 of the Revised Code.

Sec. 109.54. (A) The bureau of criminal identification and investigation may investigate any criminal activity in this state that is of statewide or intercounty concern when requested by local authorities and may aid federal authorities, when requested, in their investigation of any criminal activity in this state. The bureau may investigate any criminal activity in this state involving drug abuse or illegal drug distribution prohibited under Chapter 3719. or 4729. of the Revised Code. The superintendent and any agent of the bureau may participate, as the director of an organized crime task force established under section 177.02 of the Revised Code or as a member of the investigatory staff of a task force established under that section, in an investigation of organized criminal activity anywhere within this state under sections 177.01 to 177.03 of the Revised Code.

(B) The bureau may provide any trained investigative personnel and specialized equipment that are requested by any sheriff or chief of police, by the authorized designee of any sheriff or chief of police, or by any other authorized law enforcement officer to aid and assist the officer in the investigation and solution of any crime or the control of any criminal activity occurring within the officer's jurisdiction. This assistance shall be furnished by the bureau without disturbing or impairing any of the existing law enforcement authority or the prerogatives of local law enforcement authorities or officers. Investigators provided pursuant to this section, or engaged in an investigation pursuant to section 109.83 of the Revised Code, may go armed in the same manner as sheriffs and regularly appointed police officers under section 2923.12 of the Revised Code.

(C)(1) The bureau shall obtain recording equipment that can be used to record depositions of the type described in division (A) of section 2151.3511 2152.81 and division (A) of section 2945.481 of the Revised Code, or testimony of the type described in division (D) of section 2151.3511 2152.81 and division (D) of section 2945.481 or in division (C) of section 2937.11 of the Revised Code, shall obtain closed circuit equipment that can be used to televise testimony of the type described in division (C) of section 2151.3511 2152.81 and division (C) of section 2945.481 or in division (B) of section 2937.11 of the Revised Code, and shall provide the equipment, upon request, to any court for use in recording any deposition or testimony of one of those types or in televising the testimony in accordance with the applicable division.

(2) The bureau shall obtain the names, addresses, and telephone numbers of persons who are experienced in questioning children in relation to an investigation of a violation of section 2905.03, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05, 2907.06, 2907.07, 2907.09, 2907.21, 2907.23, 2907.24, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, or 2919.22 of the Revised Code or an offense of violence and shall maintain a list of those names, addresses, and telephone numbers. The list shall include a classification of the names, addresses, and telephone numbers by appellate district. Upon request, the bureau shall provide any county sheriff, chief of police, prosecuting attorney, village solicitor, city director of law, or similar chief legal officer with the name, address, and telephone number of any person contained in the list.

Sec. 109.573. (A) As used in this section:

(1) "DNA" means human deoxyribonucleic acid.

(2) "DNA analysis" means a laboratory analysis of a DNA specimen to identify DNA characteristics and to create a DNA record.

(3) "DNA database" means a collection of DNA records from forensic casework or from crime scenes, specimens from anonymous and unidentified sources, and records collected pursuant to sections 2151.315 2152.74 and 2901.07 of the Revised Code and a population statistics database for determining the frequency of occurrence of characteristics in DNA records.

(4) "DNA record" means the objective result of a DNA analysis of a DNA specimen, including representations of DNA fragment lengths, digital images of autoradiographs, discrete allele assignment numbers, and other DNA specimen characteristics that aid in establishing the identity of an individual.

(5) "DNA specimen" includes human blood cells or physiological tissues or body fluids.

(6) "Unidentified person database" means a collection of DNA records, and, on and after the effective date of this amendment MAY 21, 1998, of fingerprint and photograph records, of unidentified human corpses, human remains, or living individuals.

(7) "Relatives of missing persons database" means a collection of DNA records of persons related by consanguinity of the first degree to a missing person.

(8) "Law enforcement agency" means a police department, the office of a sheriff, the state highway patrol, a county prosecuting attorney, or a federal, state, or local governmental body that enforces criminal laws and that has employees who have a statutory power of arrest.

(B)(1) The superintendent of the bureau of criminal identification and investigation may do all of the following:

(a) Establish and maintain a state DNA laboratory to perform DNA analysis of DNA specimens;

(b) Establish and maintain a DNA database;

(c) Establish and maintain an unidentified person database to aid in the establishment of the identity of unknown human corpses, human remains, or living individuals;

(d) Establish and maintain a relatives of missing persons database for comparison with the unidentified person database to aid in the establishment of the identity of unknown human corpses, human remains, and living individuals.

(2) If the bureau of criminal identification and investigation establishes and maintains a DNA laboratory and a DNA database, the bureau may use or disclose information regarding DNA records for the following purposes:

(a) The bureau may disclose information to a law enforcement agency for purposes of identification.

(b) The bureau shall disclose pursuant to a court order issued under section 3111.09 of the Revised Code any information necessary to determine the existence of a parent and child relationship in an action brought under sections 3111.01 to 3111.19 of the Revised Code.

(c) The bureau may use or disclose information from the population statistics database, for identification research and protocol development, or for quality control purposes.

(3) If the bureau of criminal identification and investigation establishes and maintains a relatives of missing persons database, all of the following apply:

(a) If a person has disappeared and has been continuously absent from the person's place of last domicile for a thirty-day or longer period of time without being heard from during the period, persons related by consanguinity of the first degree to the missing person may submit to the bureau a DNA specimen, the bureau may include the DNA record of the specimen in the relatives of missing persons database, and, if the bureau does not include the DNA record of the specimen in the relatives of missing persons database, the bureau shall retain the DNA record for future reference and inclusion as appropriate in that database.

(b) The bureau shall not charge a fee for the submission of a DNA specimen pursuant to division (B)(3)(a) of this section.

(c) A physician, registered nurse, licensed practical nurse, duly licensed clinical laboratory technician, or other qualified medical practitioner shall conduct the collection procedure for the DNA specimen submitted pursuant to division (B)(3)(a) of this section and shall collect the DNA specimen in a medically approved manner. No later than fifteen days after the date of the collection of the DNA specimen, the person conducting the DNA specimen collection procedure 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 this section. The bureau may 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 superintendent, in the superintendent's discretion, may compare DNA records in the relatives of missing persons database with the DNA records in the unidentified person database.

(4) If the bureau of criminal identification and investigation establishes and maintains an unidentified person database and if the superintendent of the bureau identifies a matching DNA record for the DNA record of a person or deceased person whose DNA record is contained in the unidentified person database, the superintendent shall inform the coroner who submitted or the law enforcement agency that submitted the DNA specimen to the bureau of the match and, if possible, of the identity of the unidentified person.

(5) The bureau of criminal identification and investigation may enter into a contract with a qualified public or private laboratory to perform DNA analyses, DNA specimen maintenance, preservation, and storage, DNA record keeping, and other duties required of the bureau under this section. A public or private laboratory under contract with the bureau shall follow quality assurance and privacy requirements established by the superintendent of the bureau.

(C) The superintendent of the bureau of criminal identification and investigation shall establish procedures for entering into the DNA database the DNA records submitted pursuant to sections 2151.315 2152.74 and 2901.07 of the Revised Code and for determining an order of priority for entry of the DNA records based on the types of offenses committed by the persons whose records are submitted and the available resources of the bureau.

(D) When a DNA record is derived from a DNA specimen provided pursuant to section 2151.315 2152.74 or 2901.07 of the Revised Code, the bureau of criminal identification and investigation shall attach to the DNA record personal identification information that identifies the person from whom the DNA specimen was taken. The personal identification information may include the subject person's fingerprints and any other information the bureau determines necessary. The DNA record and personal identification information attached to it shall be used only for the purpose of personal identification or for a purpose specified in this section.

(E) DNA records, DNA specimens, fingerprints, and photographs that the bureau of criminal identification and investigation receives pursuant to this section and sections 313.08, 2151.315 2152.74, and 2901.07 of the Revised Code and personal identification information attached to a DNA record are not public records under section 149.43 of the Revised Code.

(F) The bureau of criminal identification and investigation may charge a reasonable fee for providing information pursuant to this section to any law enforcement agency located in another state.

(G)(1) No person who because of the person's employment or official position has access to a DNA specimen, a DNA record, or other information contained in the DNA database that identifies an individual shall knowingly disclose that specimen, record, or information to any person or agency not entitled to receive it or otherwise shall misuse that specimen, record, or information.

(2) No person without authorization or privilege to obtain information contained in the DNA database that identifies an individual person shall purposely obtain that information.

(H) The superintendent of the bureau of criminal identification and investigation shall establish procedures for all of the following:

(1) The forwarding to the bureau of DNA specimens collected pursuant to division (H) of this section and sections 313.08. 2151.315, 2152.74, and 2901.07 of the Revised Code and of fingerprints and photographs collected pursuant to section 313.08 of the Revised Code;

(2) The collection, maintenance, preservation, and analysis of DNA specimens;

(3) The creation, maintenance, and operation of the DNA database;

(4) The use and dissemination of information from the DNA database;

(5) The creation, maintenance, and operation of the unidentified person database;

(6) The use and dissemination of information from the unidentified person database;

(7) The creation, maintenance, and operation of the relatives of missing persons database;

(8) The use and dissemination of information from the relatives of missing persons database;

(9) The verification of entities requesting DNA records and other DNA information from the bureau and the authority of the entity to receive the information;

(10) The operation of the bureau and responsibilities of employees of the bureau with respect to the activities described in this section.

Sec. 133.01. As used in this chapter, in sections 9.95, 9.96, and 2151.655 of the Revised Code, in other sections of the Revised Code that make reference to this chapter unless the context does not permit, and in related proceedings, unless otherwise expressly provided:

(A) "Acquisition" as applied to real or personal property includes, among other forms of acquisition, acquisition by exercise of a purchase option, and acquisition of interests in property, including, without limitation, easements and rights-of-way, and leasehold and other lease interests initially extending or extendable for a period of at least sixty months.

(B) "Anticipatory securities" means securities, including notes, issued in anticipation of the issuance of other securities.

(C) "Board of elections" means the county board of elections of the county in which the subdivision is located. If the subdivision is located in more than one county, "board of elections" means the county board of elections of the county that contains the largest portion of the population of the subdivision or that otherwise has jurisdiction in practice over and customarily handles election matters relating to the subdivision.

(D) "Bond retirement fund" means the bond retirement fund provided for in section 5705.09 of the Revised Code, and also means a sinking fund or any other special fund, regardless of the name applied to it, established by or pursuant to law or the proceedings for the payment of debt charges. Provision may be made in the applicable proceedings for the establishment in a bond retirement fund of separate accounts relating to debt charges on particular securities, or on securities payable from the same or common sources, and for the application of moneys in those accounts only to specified debt charges on specified securities or categories of securities. Subject to law and any provisions in the applicable proceedings, moneys in a bond retirement fund or separate account in a bond retirement fund may be transferred to other funds and accounts.

(E) "Capitalized interest" means all or a portion of the interest payable on securities from their date to a date stated or provided for in the applicable legislation, which interest is to be paid from the proceeds of the securities.

(F) "Chapter 133. securities" means securities authorized by or issued pursuant to or in accordance with this chapter.

(G) "County auditor" means the county auditor of the county in which the subdivision is located. If the subdivision is located in more than one county, "county auditor" means the county auditor of the county that contains the highest amount of the tax valuation of the subdivision or that otherwise has jurisdiction in practice over and customarily handles property tax matters relating to the subdivision. In the case of a county that has adopted a charter, "county auditor" means the officer who generally has the duties and functions provided in the Revised Code for a county auditor.

(H) "Credit enhancement facilities" means letters of credit, lines of credit, stand-by, contingent, or firm securities purchase agreements, insurance, or surety arrangements, guarantees, and other arrangements that provide for direct or contingent payment of debt charges, for security or additional security in the event of nonpayment or default in respect of securities, or for making payment of debt charges to and at the option and on demand of securities holders or at the option of the issuer or upon certain conditions occurring under put or similar arrangements, or for otherwise supporting the credit or liquidity of the securities, and includes credit, reimbursement, marketing, remarketing, indexing, carrying, interest rate hedge, and subrogation agreements, and other agreements and arrangements for payment and reimbursement of the person providing the credit enhancement facility and the security for that payment and reimbursement.

(I) "Current operating expenses" or "current expenses" means the lawful expenditures of a subdivision, except those for permanent improvements and for payments of debt charges of the subdivision.

(J) "Debt charges" means the principal, including any mandatory sinking fund deposits and mandatory redemption payments, interest, and any redemption premium, payable on securities as those payments come due and are payable. The use of "debt charges" for this purpose does not imply that any particular securities constitute debt within the meaning of the Ohio Constitution or other laws.

(K) "Financing costs" means all costs and expenses relating to the authorization, including any required election, issuance, sale, delivery, authentication, deposit, custody, clearing, registration, transfer, exchange, fractionalization, replacement, payment, and servicing of securities, including, without limitation, costs and expenses for or relating to publication and printing, postage, delivery, preliminary and final official statements, offering circulars, and informational statements, travel and transportation, underwriters, placement agents, investment bankers, paying agents, registrars, authenticating agents, remarketing agents, custodians, clearing agencies or corporations, securities depositories, financial advisory services, certifications, audits, federal or state regulatory agencies, accounting and computation services, legal services and obtaining approving legal opinions and other legal opinions, credit ratings, redemption premiums, and credit enhancement facilities. Financing costs may be paid from any moneys available for the purpose, including, unless otherwise provided in the proceedings, from the proceeds of the securities to which they relate and, as to future financing costs, from the same sources from which debt charges on the securities are paid and as though debt charges.

(L) "Fiscal officer" means the following, or, in the case of absence or vacancy in the office, a deputy or assistant authorized by law or charter to act in the place of the named officer, or if there is no such authorization then the deputy or assistant authorized by legislation to act in the place of the named officer for purposes of this chapter, in the case of the following subdivisions:

(1) A county, the county auditor;

(2) A municipal corporation, the city auditor or village clerk or clerk-treasurer, or the officer who, by virtue of a charter, has the duties and functions provided in the Revised Code for the city auditor or village clerk or clerk-treasurer;

(3) A school district, the treasurer of the board of education;

(4) A regional water and sewer district, the secretary of the board of trustees;

(5) A joint township hospital district, the treasurer of the district;

(6) A joint ambulance district, the clerk of the board of trustees;

(7) A joint recreation district, the person designated pursuant to section 755.15 of the Revised Code;

(8) A detention home FACILITY district or a district organized under section 2151.65 of the Revised Code or a combined district organized under sections 2151.34 2152.41 and 2151.65 of the Revised Code, the county auditor of the county designated by law to act as the auditor of the district;

(9) A township or a township police district, the clerk of the township;

(10) A joint fire district, the clerk of the board of trustees of that district;

(11) A regional or county library district, the person responsible for the financial affairs of that district;

(12) A joint solid waste management district, the fiscal officer appointed by the board of directors of the district under section 343.01 of the Revised Code;

(13) A joint emergency medical services district, the person appointed as fiscal officer pursuant to division (D) of section 307.053 of the Revised Code;

(14) A fire and ambulance district, the person appointed as fiscal officer under division (B) of section 505.375 of the Revised Code;

(15) A subdivision described in division (MM)(16) of this section, the officer who is designated by law as or performs the functions of its chief fiscal officer.

(M) "Fiscal year" has the same meaning as in section 9.34 of the Revised Code.

(N) "Fractionalized interests in public obligations" means participations, certificates of participation, shares, or other instruments or agreements, separate from the public obligations themselves, evidencing ownership of interests in public obligations or of rights to receive payments of, or on account of, principal or interest or their equivalents payable by or on behalf of an obligor pursuant to public obligations.

(O) "Fully registered securities" means securities in certificated or uncertificated form, registered as to both principal and interest in the name of the owner.

(P) "Fund" means to provide for the payment of debt charges and expenses related to that payment at or prior to retirement by purchase, call for redemption, payment at maturity, or otherwise.

(Q) "General obligation" means securities to the payment of debt charges on which the full faith and credit and the general property taxing power, including taxes within the tax limitation if available to the subdivision, of the subdivision are pledged.

(R) "Interest" or "interest equivalent" means those payments or portions of payments, however denominated, that constitute or represent consideration for forbearing the collection of money, or for deferring the receipt of payment of money to a future time.

(S) "Internal Revenue Code" means the "Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A. 1 et seq., as amended, and includes any laws of the United States providing for application of that code.

(T) "Issuer" means any public issuer and any nonprofit corporation authorized to issue securities for or on behalf of any public issuer.

(U) "Legislation" means an ordinance or resolution passed by a majority affirmative vote of the then members of the taxing authority unless a different vote is required by charter provisions governing the passage of the particular legislation by the taxing authority.

(V) "Mandatory sinking fund redemption requirements" means amounts required by proceedings to be deposited in a bond retirement fund for the purpose of paying in any year or fiscal year by mandatory redemption prior to stated maturity the principal of securities that is due and payable, except for mandatory prior redemption requirements as provided in those proceedings, in a subsequent year or fiscal year.

(W) "Mandatory sinking fund requirements" means amounts required by proceedings to be deposited in a year or fiscal year in a bond retirement fund for the purpose of paying the principal of securities that is due and payable in a subsequent year or fiscal year.

(X) "Net indebtedness" has the same meaning as in division (A) of section 133.04 of the Revised Code.

(Y) "Obligor," in the case of securities or fractionalized interests in public obligations issued by another person the debt charges or their equivalents on which are payable from payments made by a public issuer, means that public issuer.

(Z) "One purpose" relating to permanent improvements means any one permanent improvement or group or category of permanent improvements for the same utility, enterprise, system, or project, development or redevelopment project, or for or devoted to the same general purpose, function, or use or for which self-supporting securities, based on the same or different sources of revenues, may be issued or for which special assessments may be levied by a single ordinance or resolution. "One purpose" includes, but is not limited to, in any case any off-street parking facilities relating to another permanent improvement, and:

(1) Any number of roads, highways, streets, bridges, sidewalks, and viaducts;

(2) Any number of off-street parking facilities;

(3) In the case of a county, any number of permanent improvements for courthouse, jail, county offices, and other county buildings, and related facilities;

(4) In the case of a school district, any number of facilities and buildings for school district purposes, and related facilities.

(AA) "Outstanding," referring to securities, means securities that have been issued, delivered, and paid for, except any of the following:

(1) Securities canceled upon surrender, exchange, or transfer, or upon payment or redemption;

(2) Securities in replacement of which or in exchange for which other securities have been issued;

(3) Securities for the payment, or redemption or purchase for cancellation prior to maturity, of which sufficient moneys or investments, in accordance with the applicable legislation or other proceedings or any applicable law, by mandatory sinking fund redemption requirements, mandatory sinking fund requirements, or otherwise, have been deposited, and credited for the purpose in a bond retirement fund or with a trustee or paying or escrow agent, whether at or prior to their maturity or redemption, and, in the case of securities to be redeemed prior to their stated maturity, notice of redemption has been given or satisfactory arrangements have been made for giving notice of that redemption, or waiver of that notice by or on behalf of the affected security holders has been filed with the subdivision or its agent for the purpose.

(BB) "Paying agent" means the one or more banks, trust companies, or other financial institutions or qualified persons, including an appropriate office or officer of the subdivision, designated as a paying agent or place of payment of debt charges on the particular securities.

(CC) "Permanent improvement" or "improvement" means any property, asset, or improvement certified by the fiscal officer, which certification is conclusive, as having an estimated life or period of usefulness of five years or more, and includes, but is not limited to, real estate, buildings, and personal property and interests in real estate, buildings, and personal property, equipment, furnishings, and site improvements, and reconstruction, rehabilitation, renovation, installation, improvement, enlargement, and extension of property, assets, or improvements so certified as having an estimated life or period of usefulness of five years or more. The acquisition of all the stock ownership of a corporation is the acquisition of a permanent improvement to the extent that the value of that stock is represented by permanent improvements. A permanent improvement for parking, highway, road, and street purposes includes resurfacing, but does not include ordinary repair.

(DD) "Person" has the same meaning as in section 1.59 of the Revised Code and also includes any federal, state, interstate, regional, or local governmental agency, any subdivision, and any combination of those persons.

(EE) "Proceedings" means the legislation, certifications, notices, orders, sale proceedings, trust agreement or indenture, mortgage, lease, lease-purchase agreement, assignment, credit enhancement facility agreements, and other agreements, instruments, and documents, as amended and supplemented, and any election proceedings, authorizing, or providing for the terms and conditions applicable to, or providing for the security or sale or award of, public obligations, and includes the provisions set forth or incorporated in those public obligations and proceedings.

(FF) "Public issuer" means any of the following that is authorized by law to issue securities or enter into public obligations:

(1) The state, including an agency, commission, officer, institution, board, authority, or other instrumentality of the state;

(2) A taxing authority, subdivision, district, or other local public or governmental entity, and any combination or consortium, or public division, district, commission, authority, department, board, officer, or institution, thereof;

(3) Any other body corporate and politic, or other public entity.

(GG) "Public obligations" means both of the following:

(1) Securities;

(2) Obligations of a public issuer to make payments under installment sale, lease, lease purchase, or similar agreements, which obligations bear interest or interest equivalent.

(HH) "Refund" means to fund and retire outstanding securities, including advance refunding with or without payment or redemption prior to maturity.

(II) "Register" means the books kept and maintained by the registrar for registration, exchange, and transfer of registered securities.

(JJ) "Registrar" means the person responsible for keeping the register for the particular registered securities, designated by or pursuant to the proceedings.

(KK) "Securities" means bonds, notes, certificates of indebtedness, commercial paper, and other instruments in writing, including, unless the context does not admit, anticipatory securities, issued by an issuer to evidence its obligation to repay money borrowed, or to pay interest, by, or to pay at any future time other money obligations of, the issuer of the securities, but not including public obligations described in division (GG)(2) of this section.

(LL) "Self-supporting securities" means securities or portions of securities issued for the purpose of paying costs of permanent improvements to the extent that receipts of the subdivision, other than the proceeds of taxes levied by that subdivision, derived from or with respect to the improvements or the operation of the improvements being financed, or the enterprise, system, project, or category of improvements of which the improvements being financed are part, are estimated by the fiscal officer to be sufficient to pay the current expenses of that operation or of those improvements or enterprise, system, project, or categories of improvements and the debt charges payable from those receipts on securities issued for the purpose. Until such time as the improvements or increases in rates and charges have been in operation or effect for a period of at least six months, the receipts therefrom, for purposes of this definition, shall be those estimated by the fiscal officer, except that those receipts may include, without limitation, payments made and to be made to the subdivision under leases or agreements in effect at the time the estimate is made. In the case of an operation, improvements, or enterprise, system, project, or category of improvements without at least a six-month history of receipts, the estimate of receipts by the fiscal officer, other than those to be derived under leases and agreements then in effect, shall be confirmed by the taxing authority.

(MM) "Subdivision" means any of the following:

(1) A county, including a county that has adopted a charter under Article X, Ohio Constitution;

(2) A municipal corporation, including a municipal corporation that has adopted a charter under Article XVIII, Ohio Constitution;

(3) A school district;

(4) A regional water and sewer district organized under Chapter 6119. of the Revised Code;

(5) A joint township hospital district organized under section 513.07 of the Revised Code;

(6) A joint ambulance district organized under section 505.71 of the Revised Code;

(7) A joint recreation district organized under division (C) of section 755.14 of the Revised Code;

(8) A detention home FACILITY district organized under section 2151.34 2152.41, a district organized under section 2151.65, or a combined district organized under sections 2151.34 2152.41 and 2151.65 of the Revised Code;

(9) A township police district organized under section 505.48 of the Revised Code;

(10) A township;

(11) A joint fire district organized under section 505.371 of the Revised Code;

(12) A county library district created under section 3375.19 or a regional library district created under section 3375.28 of the Revised Code;

(13) A joint solid waste management district organized under section 343.01 or 343.012 of the Revised Code;

(14) A joint emergency medical services district organized under section 307.052 of the Revised Code;

(15) A fire and ambulance district organized under section 505.375 of the Revised Code;

(16) Any other political subdivision or taxing district or other local public body or agency authorized by this chapter or other laws to issue Chapter 133. securities.

(NN) "Taxing authority" means in the case of the following subdivisions:

(1) A county, a county library district, or a regional library district, the board or boards of county commissioners, or other legislative authority of a county that has adopted a charter under Article X, Ohio Constitution, but with respect to such a library district acting solely as agent for the board of trustees of that district;

(2) A municipal corporation, the legislative authority;

(3) A school district, the board of education;

(4) A regional water and sewer district, a joint ambulance district, a joint recreation district, a fire and ambulance district, or a joint fire district, the board of trustees of the district;

(5) A joint township hospital district, the joint township hospital board;

(6) A detention home FACILITY district or a district organized under section 2151.65 of the Revised Code, a combined district organized under sections 2151.34 2152.41 and 2151.65 of the Revised Code, or a joint emergency medical services district, the joint board of county commissioners;

(7) A township or a township police district, the board of township trustees;

(8) A joint solid waste management district organized under section 343.01 or 343.012 of the Revised Code, the board of directors of the district;

(9) A subdivision described in division (MM)(16) of this section, the legislative or governing body or official.

(OO) "Tax limitation" means the "ten-mill limitation" as defined in section 5705.02 of the Revised Code without diminution by reason of section 5705.313 of the Revised Code or otherwise, or, in the case of a municipal corporation or county with a different charter limitation on property taxes levied to pay debt charges on unvoted securities, that charter limitation. Those limitations shall be respectively referred to as the "ten-mill limitation" and the "charter tax limitation."

(PP) "Tax valuation" means the aggregate of the valuations of property subject to ad valorem property taxation by the subdivision on the real property, personal property, and public utility property tax lists and duplicates most recently certified for collection, and shall be calculated without deductions of the valuations of otherwise taxable property exempt in whole or in part from taxation by reason of exemptions of certain amounts of taxable value under division (C) of section 5709.01 or section 323.152 of the Revised Code, or similar laws now or in the future in effect.

(QQ) "Year" means the calendar year.

(RR) "Interest rate hedge" means any arrangement by which either:

(1) The different interest costs or receipts at fixed interest rates and at floating interest rates, or at different maturities, are exchanged on stated amounts of bonds or investments, or on notional amounts;

(2) A party will pay interest costs in excess of an agreed limitation.

(SS) "Administrative agent," "agent," "commercial paper," "floating rate interest structure," "indexing agent," "interest rate period," "put arrangement," and "remarketing agent" have the same meanings as in section 9.98 of the Revised Code.

(TT) "Sales tax supported" means obligations to the payment of debt charges on which an additional sales tax or additional sales taxes have been pledged by the taxing authority of a county pursuant to section 133.081 of the Revised Code.

Sec. 181.22. There is hereby created the criminal sentencing advisory committee. The committee shall be comprised of the chairperson of the parole board, the director of the office of the correctional institution inspection committee, a juvenile detention home FACILITY operator, a provider of juvenile probation OR COMMUNITY CONTROL services, a provider of juvenile parole or aftercare services, a superintendent of a state institution operated by the department of youth services, a community-based juvenile services provider, a person who is a member of a youth advocacy organization, a victim of a violation of Title XXIX of the Revised Code that was committed by a juvenile offender, a representative of community corrections programming appointed by the governor, and any other members appointed by the chairperson of the state criminal sentencing commission upon the advice of the commission. The committee shall serve as an advisory body to the state criminal sentencing commission and to the commission's standing juvenile committee.

The members of the committee shall serve without compensation, but each member shall be reimbursed for the member's actual and necessary expenses incurred in the performance of the member's official duties.

Sec. 307.02. The board of county commissioners of any county, in addition to its other powers, may purchase, for cash or by installment payments, enter into lease-purchase agreements, lease with option to purchase, lease, appropriate, construct, enlarge, improve, rebuild, equip, and furnish a courthouse, county offices, jail, county home, juvenile court building, detention home FACILITY, public market houses, retail store rooms and offices, if located in a building acquired to house county offices, for which store rooms or offices the board of county commissioners may establish and collect rents or enter into leases as provided in section 307.09 of the Revised Code, county children's home, community mental health facility, community mental retardation or developmental disability facility, facilities for senior citizens, alcohol treatment and control center, other necessary buildings, public stadiums, public auditorium, exhibition hall, zoological park, public library buildings, golf courses, and off-street parking facilities determined by the board of county commissioners to be so situated as to be useful for any of such purposes or any combination of such purposes, for the use of which parking facilities the board of county commissioners may establish and collect rates, charges, or rents, and sites therefor, such real estate adjoining an existing site as is necessary for any of such purposes, including real estate necessary to afford light, air, protection from fire, suitable surroundings, ingress, and egress; such copies of any public records of such county, made or reproduced by miniature photography or microfilm, as are necessary for the protection and preservation of public records of such county.

The board of county commissioners of any county may lease for a period not to exceed forty years, pursuant to a contract providing for the construction thereof under a lease-purchase plan, those buildings, structures, and other improvements enumerated in the first paragraph of this section, and in conjunction therewith, may grant leases, easements, or licenses for lands under the control of the county for a period not to exceed forty years. Such lease-purchase plan shall provide that at the end of the lease period such buildings, structures, and related improvements, together with the land on which they are situated, shall become the property of the county without cost.

Whenever any building, structure or other improvement is to be so leased by a county, the board of county commissioners shall file in the office of the board, if the board has a full-time clerk, or in the office of the county auditor such basic plans, specifications, bills of materials, and estimates of cost with sufficient detail to afford bidders all needed information, or alternatively, shall file the following plans, details, bills of materials, and specifications:

(A) Full and accurate plans, suitable for the use of mechanics and other builders in such construction, improvement, addition, alteration, or installation;

(B) Details to scale and full sized, so drawn and represented as to be easily understood;

(C) Accurate bills showing the exact quantity of different kinds of material necessary to the construction;

(D) Definite and complete specifications of the work to be performed, together with such directions as will enable a competent mechanic or other builder to carry them out and afford bidders all needed information;

(E) A full and accurate estimate of each item of expense and of the aggregate cost thereof.

The board of county commissioners shall invite bids in the manner prescribed in sections 307.86 to 307.92 of the Revised Code. Such bids shall contain the terms upon which the builder would propose to lease the building, structure, or other improvement to the county. The form of the bid approved by the board of county commissioners shall be used and a bid shall be invalid and not considered unless such form is used without change, alteration, or addition.

Before submitting bids pursuant to this section, any builder shall have complied with sections 153.50 to 153.52 of the Revised Code.

On the day and at the place named for receiving bids for entering into lease agreements with the county, the board of county commissioners shall open the bids, and shall publicly proceed immediately to tabulate the bids. No such lease agreement shall be entered into until the bureau of workers' compensation has certified that the corporation, partnership, or person to be awarded the lease agreement has complied with Chapter 4123. of the Revised Code, and until, if the builder submitting the lowest and best bid is a foreign corporation, the secretary of state has certified that such corporation is authorized to do business in this state, and until, if the builder submitting the lowest and best bid is a person or partnership nonresident of this state, such person or partnership has filed with the secretary of state a power of attorney designating the secretary of state as its agent for the purpose of accepting service of summons in any action brought under Chapter 4123. of the Revised Code, and until the agreement is submitted to the county prosecutor and his THE COUNTY PROSECUTOR'S approval certified thereon. Within thirty days after the day on which the bids are received, the board of county commissioners shall investigate the bids received and shall determine that the bureau and the secretary of state have made the certifications required by this section of the builder who has submitted the lowest and best bid. Within ten days of the completion of the investigation of the bids the board of county commissioners may award the lease agreement to the builder who has submitted the lowest and best bid and who has been certified by the bureau and secretary of state as required by this section. If bidding for the lease agreement has been conducted upon the basis of basic plans, specifications, bills of materials, and estimates of costs, upon the award to the builder, the board of county commissioners, or the builder with the approval of the board of county commissioners, shall appoint an architect or engineer licensed in Ohio to prepare such further detailed plans, specifications, and bills of materials as are required to construct the buildings, structures, and other improvements enumerated in the first paragraph of this section. The board of county commissioners may reject any bid. Where there is reason to believe there is collusion or combination among the bidders, the bids of those concerned therein shall be rejected.

Sec. 307.022. (A) The board of county commissioners of any county may do both of the following without following the competitive bidding requirements of section 307.86 of the Revised Code:

(1) Enter into a lease, including a lease with an option to purchase, of correctional facilities for a term not in excess of forty years. Before entering into the lease, the board shall publish, once a week for three consecutive weeks in a newspaper of general circulation in the county, a notice that the board is accepting proposals for a lease pursuant to this division. The notice shall state the date before which the proposals are required to be submitted in order to be considered by the board.

(2) Subject to compliance with this section, grant leases, easements, and licenses with respect to, or sell, real property owned by the county if the real property is to be leased back by the county for use as correctional facilities.

The lease under division (A)(1) of this section shall require the county to contract, in accordance with Chapter 153., sections 307.86 to 307.92, and Chapter 4115. of the Revised Code, for the construction, improvement, furnishing, and equipping of correctional facilities to be leased pursuant to this section. Prior to the board's execution of the lease, it may require the lessor under the lease to cause sufficient money to be made available to the county to enable the county to comply with the certification requirements of division (D) of section 5705.41 of the Revised Code.

A lease entered into pursuant to division (A)(1) of this section by a board may provide for the county to maintain and repair the correctional facility during the term of the leasehold, may provide for the county to make rental payments prior to or after occupation of the correctional facilities by the county, and may provide for the board to obtain and maintain any insurance that the lessor may require, including, but not limited to, public liability, casualty, builder's risk, and business interruption insurance. The obligations incurred under a lease entered into pursuant to division (A)(1) of this section shall not be considered to be within the debt limitations of section 133.07 of the Revised Code.

(B) The correctional facilities leased under division (A)(1) of this section may include any or all of the following:

(1) Facilities in which one or more other governmental entities are participating or in which other facilities of the county are included;

(2) Facilities acquired, constructed, renovated, or financed by the Ohio building authority and leased to the county pursuant to section 307.021 of the Revised Code;

(3) Correctional facilities that are under construction or have been completed and for which no permanent financing has been arranged.

(C) As used in this section:

(1) "Correctional facilities" includes, but is not limited to, jails, detention homes FACILITIES, workhouses, community-based correctional facilities, and family court centers.

(2) "Construction" has the same meaning as in division (B) of section 4115.03 of the Revised Code.

Sec. 329.05. The county department of job and family services may administer or assist in administering any state or local family services activity in addition to those mentioned in section 329.04 of the Revised Code, supported wholly or in part by public funds from any source provided by agreement between the board of county commissioners and the officer, department, board, or agency in which the administration of such activity is vested. Such officer, department, board, or agency may enter into such agreement and confer upon the county department of job and family services, to the extent and in particulars specified in the agreement, the performance of any duties and the exercise of any powers imposed upon or vested in such officer, board, department, or agency, with respect to the administration of such activity. Such agreement shall be in the form of a resolution of the board of county commissioners, accepted in writing by the other party to the agreement, and filed in the office of the county auditor, and when so filed, shall have the effect of transferring the exercise of the powers and duties to which the agreement relates and shall exempt the other party from all further responsibility for the exercise of the powers and duties so transferred, during the life of the agreement.

Such agreement shall be coordinated and not conflict with a partnership agreement entered into under section 307.98, a contract entered into under section 307.981 or 307.982, a plan of cooperation entered into under section 307.983, a regional plan of cooperation entered into under section 307.984, a transportation work plan developed under section 307.985, or procedures for providing services to children whose families relocate frequently established under section 307.986 of the Revised Code. It may be revoked at the option of either party, by a resolution or order of the revoking party filed in the office of the auditor. Such revocation shall become effective at the end of the fiscal year occurring at least six months following the filing of the resolution or order. In the absence of such an express revocation so filed, the agreement shall continue indefinitely.

This section does not permit a county department of job and family services to manage or control hospitals, humane societies, detention homes FACILITIES, jails or probation departments of courts, or veterans service commissions.

Sec. 2151.01. The sections in Chapter 2151. of the Revised Code, with the exception of those sections providing for the criminal prosecution of adults, shall be liberally interpreted and construed so as to effectuate the following purposes:

(A) To provide for the care, protection, and mental and physical development of children subject to Chapter 2151. of the Revised Code;

(B) To protect the public interest in removing the consequences of criminal behavior and the taint of criminality from children committing delinquent acts and to substitute therefor a program of supervision, care, and rehabilitation;

(C) To achieve the foregoing purposes, whenever possible, in a family environment, separating the child from its THE CHILD'S parents only when necessary for his THE CHILD'S welfare or in the interests of public safety;

(D)(B) To provide judicial procedures through which Chapter CHAPTERS 2151. AND 2152. of the Revised Code is ARE executed and enforced, and in which the parties are assured of a fair hearing, and their constitutional and other legal rights are recognized and enforced.

Sec. 2151.011. (A) As used in the Revised Code:

(1) "Juvenile court" means the 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 or a 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 having 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)(a) "Child" means a person who is under eighteen years of age, except as otherwise provided in divisions (B)(5)(b) to (f) of this section.

(b) Subject to division (B)(5)(c) of this section, THAT THE JUVENILE COURT HAS JURISDICTION OVER any person who violates a federal or state law or municipal ordinance 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" irrespective of that person's age at the time the complaint is filed or the hearing on the complaint is held UNTIL THE PERSON ATTAINS TWENTY-ONE YEARS OF AGE.

(c) Any person who, while under eighteen years of age, commits an act that would be a felony if committed by an adult and who is not taken into custody or apprehended for that act until after the person attains twenty-one years of age is not a child in relation to that act.

(d) Any person whose case is transferred for criminal prosecution pursuant to division (B) or (C) of section 2151.26 of the Revised Code shall after the transfer be deemed not to be a child in the transferred case.

(e) Subject to division (B)(5)(f) of this section, any person whose case is transferred for criminal prosecution pursuant to division (B) or (C) of section 2151.26 of the Revised Code and who subsequently is convicted of or pleads guilty to a felony in that case shall after the transfer be deemed not to be a child in any case in which the person is alleged to have committed prior to or subsequent to the transfer an act that would be an offense if committed by an adult. Division (B)(5)(e) of this section applies to a case regardless of whether the prior or subsequent act that is alleged in the case and that would be an offense if committed by an adult allegedly was committed in the same county in which the case was transferred or in another county and regardless of whether the complaint in the case involved was filed in the same county in which the case was transferred or in another county. Division (B)(5)(e) of this section applies to a case that involves an act committed prior to the transfer only when the prior act alleged in the case has not been disposed of by a juvenile court or trial court.

(f) Notwithstanding division (B)(5)(e) of this section, if a person's case is transferred for criminal prosecution pursuant to division (B) or (C) of section 2151.26 of the Revised Code and if the person subsequently is convicted of or pleads guilty to a felony in that case, thereafter, the person shall be considered a child solely for the following purposes in relation to any act the person subsequently commits that would be an offense if committed by an adult:

(i) For purposes of the filing of a complaint alleging that the child is a delinquent child for committing the act that would be an offense if committed by an adult;

(ii) For purposes of the juvenile court conducting a hearing under division (B) of section 2151.26 of the Revised Code relative to the complaint described in division (B)(5)(f)(i) of this section to determine whether division (B)(1) of section 2151.26 of the Revised Code applies and requires that the case be transferred for criminal prosecution to the appropriate court having jurisdiction of the offense.

(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" 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 HAS THE SAME MEANING AS IN SECTION 2152.02 of the Revised Code.

(10)(8)(9) "Commit" means to vest custody as ordered by the court.

(11)(9)(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.

(12)(10)(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.

(13)(11)(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)(12) "Developmental disability" has the same meaning as in section 5123.01 of the Revised Code.

(16)(13)(15) "FOSTER caregiver" has the same meaning as in section 5103.02 of the Revised Code.

(17)(13)(14)(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.

(18)(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.

(19)(14)(15)(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)(15)(16) "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)(16)(17) "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)(17)(18) "Mentally retarded person" has the same meaning as in section 5123.01 of the Revised Code.

(24)(18)(19) "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)(19)(20) "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)(20)(21) "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)(21)(22) "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)(22)(23) "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)(23)(24) "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)(32)(24)(25) "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.

(33)(25)(26)(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.

(34)(26)(27)(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.

(35)(27)(28)(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.

(36)(28)(29)(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.

(37)(29)(30)(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.

(30)(31)(37) "Practice of social work" and "practice of professional counseling" have the same meanings as in section 4757.01 of the Revised Code.

(38)(31)(32) "Probation SANCTION, SERVICE, OR CONDITION" means a legal status SANCTION, SERVICE, OR CONDITION created by court order following an adjudication that a child is a delinquent child, a juvenile traffic offender, or an unruly child, whereby the child is permitted to remain in the parent's, guardian's, or custodian's home subject to supervision, or under the supervision of any agency designated by the court and returned to the court for violation of probation at any time during the period of probation THAT IS DESCRIBED IN DIVISION (A)(3) OF SECTION 2152.19 of the Revised Code.

(39)(32)(33) "Protective supervision" means an order of disposition pursuant to which the court permits an abused, neglected, dependent, OR unruly, or delinquent child or a juvenile traffic offender to remain in the custody of the child's parents, guardian, or custodian and stay in the child's home, subject to any conditions and limitations upon the child, the child's parents, guardian, or custodian, or any other person that the court prescribes, including supervision as directed by the court for the protection of the child.

(40)(33)(34) "Psychiatrist" has the same meaning as in section 5122.01 of the Revised Code.

(41)(34)(35) "Psychologist" has the same meaning as in section 4732.01 of the Revised Code.

(42)(35)(36) "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)(36)(37) "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)(37)(38) "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)(38)(39) "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)(39)(40) "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)(40)(41) "Sexual activity" has the same meaning as in section 2907.01 of the Revised Code.

(50)(41)(42) "Shelter" means the temporary care of children in physically unrestricted facilities pending court adjudication or disposition.

(51)(42)(43) "Shelter for victims of domestic violence" has the same meaning as in section 3113.33 of the Revised Code.

(52)(43)(44) "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. 2151.022. As used in this chapter, "unruly child" includes any of the following:

(A) Any child who does not subject the child's self SUBMIT to the reasonable control of the child's parents, teachers, guardian, or custodian, by reason of being wayward or habitually disobedient;

(B) Any child who is persistently truant from home;

(C) Any child who is an habitual truant from school and who previously has not been adjudicated an unruly child for being an habitual truant;

(D)(C) Any child who so deports the child's self BEHAVES IN A MANNER as to injure or endanger the child's own health or morals or the health or morals of others;

(E) Any child who attempts to enter the marriage relation in any state without the consent of the child's parents, custodian, or legal guardian or other legal authority;

(F) Any child who is found in a disreputable place, visits or patronizes a place prohibited by law, or associates with vagrant, vicious, criminal, notorious, or immoral persons;

(G) Any child who engages in an occupation prohibited by law or is in a situation dangerous to life or limb or injurious to the child's own health or morals or the health or morals of others;

(H)(D) Any child who violates a law, other than division (A) of section 2923.211 of the Revised Code, that is applicable only to a child.

Sec. 2151.07. The juvenile court is a court of record and within the division of domestic relations or probate of the court of common pleas, except that the juvenile courts of Cuyahoga county and Hamilton county shall be separate divisions of WITHIN the court of common pleas. The juvenile court has and shall exercise the powers and jurisdiction conferred in sections 2151.01 to 2151.99 CHAPTERS 2151. AND 2152. of the Revised Code.

Whenever the juvenile judge of the juvenile court IS SICK, is absent from the county, or is unable to attend court, or the volume of cases pending in court necessitates it, upon the request of said THE ADMINISTRATIVE JUVENILE judge, the presiding judge of the court of common pleas PURSUANT TO DIVISION (AA) OF SECTION 2301.03 of the Revised Code shall assign a judge OF ANY DIVISION of the court of common pleas of the county to act in his THE JUVENILE JUDGE'S place or in conjunction with him THE JUVENILE JUDGE. If no such judge OF THE COURT OF COMMON PLEAS is available for said THAT purpose, the chief justice of the supreme court shall assign a judge of the court of common pleas, a juvenile judge, or a probate judge from some other A DIFFERENT county to act in the place of such THAT JUVENILE judge or in conjunction with him, who THAT JUVENILE JUDGE. THE ASSIGNED JUDGE shall receive such THE compensation and expenses for his services as SO SERVING THAT is provided by law for judges assigned to hold court in courts of common pleas.

Sec. 2151.08. In Hamilton county, the powers and jurisdiction of the juvenile court as conferred by Chapter CHAPTERS 2151. AND 2152. of the Revised Code shall be exercised by that THE judge of the court of common pleas whose term begins on January 1, 1957, and his THAT JUDGE'S successors and that BY THE judge of the court of common pleas whose term begins on February 14, 1967, and his THAT JUDGE'S successors as provided by section 2301.03 of the Revised Code. This conferral of powers and jurisdiction on such THE SPECIFIED judges shall be deemed a creation of a separately and independently created and established juvenile court in Hamilton county, Ohio. Such THE SPECIFIED judges shall serve in each and every position where the statutes permit or require a juvenile judge to serve.

Sec. 2151.10. The juvenile judge shall annually submit a written request for an appropriation to the board of county commissioners that shall set forth estimated administrative expenses of the juvenile court that the judge considers reasonably necessary for the operation of the court, including reasonably necessary expenses of the judge and such officers and employees as the judge may designate in attending conferences at which juvenile or welfare problems are discussed, and such sum each year as will provide for the maintenance and operation of the detention home FACILITY, the care, maintenance, education, and support of neglected, abused, dependent, and delinquent children, other than children eligible to participate in the Ohio works first program established under Chapter 5107. of the Revised Code, and for necessary orthopedic, surgical, and medical treatment, and special care as may be ordered by the court for any neglected, abused, dependent, or delinquent children. The board shall conduct a public hearing with respect to the written request submitted by the judge and shall appropriate such sum of money each year as it determines, after conducting the public hearing and considering the written request of the judge, is reasonably necessary to meet all the administrative expenses of the court. All disbursements from such appropriations shall be upon specifically itemized vouchers, certified to by the judge.

If the judge considers the appropriation made by the board pursuant to this section insufficient to meet all the administrative expenses of the court, the judge shall commence an action under Chapter 2731. of the Revised Code in the court of appeals for the judicial district for a determination of the duty of the board of county commissioners to appropriate the amount of money in dispute. The court of appeals shall give priority to the action filed by the juvenile judge over all cases pending on its docket. The burden shall be on the juvenile judge to prove that the appropriation requested is reasonably necessary to meet all administrative expenses of the court. If, prior to the filing of an action under Chapter 2731. of the Revised Code or during the pendency of the action, the judge exercises the judge's contempt power in order to obtain the sum of money in dispute, the judge shall not order the imprisonment of any member of the board of county commissioners notwithstanding sections 2705.02 to 2705.06 of the Revised Code.

Sec. 2151.12. (A) Except as otherwise provided in this division, whenever a court of common pleas, division of domestic relations, exercises the powers and jurisdictions conferred in Chapter CHAPTERS 2151. AND 2152. of the Revised Code, the judge or judges of that division or, if applicable, the judge of that division who specifically is designated by section 2301.03 of the Revised Code as being responsible for administering sections 2151.13, 2151.16, 2151.17, and 2151.18, AND 2152.71 of the Revised Code shall be the clerk of the court for all records filed with the court pursuant to Chapter 2151. OR 2152. of the Revised Code or pursuant to any other section of the Revised Code that requires documents to be filed with a juvenile judge or a juvenile court. If, in a division of domestic relations of a court of common pleas that exercises the powers and jurisdiction conferred in Chapter CHAPTERS 2151. AND 2152. of the Revised Code, the judge of the division, both judges in a two-judge division, or a majority of the judges in a division with three or more judges and the clerk of the court of common pleas agree in an agreement that is signed by the agreeing judge or judges and the clerk and entered into formally in the journal of the court, the clerk of courts of common pleas shall keep the records filed with the court pursuant to Chapter 2151. OR 2152. of the Revised Code or pursuant to any other section of the Revised Code that requires documents to be filed with a juvenile judge or a juvenile court.

Whenever the juvenile judge, or a majority of the juvenile judges of a multi-judge juvenile division, of a court of common pleas, juvenile division, and the clerk of the court of common pleas agree in an agreement that is signed by the judge and the clerk and entered formally in the journal of the court, the clerks of courts of common pleas shall keep the records of such THOSE courts. In all other cases, the juvenile judge shall be the clerk of the judge's own court.

(B) In counties in which the juvenile judge is clerk of the judge's own court, before entering upon the duties of office as such THE clerk, the judge shall execute and file with the county treasurer a bond in a sum to be determined by the board of county commissioners, with sufficient surety to be approved by the board, conditioned for the faithful performance of duties as clerk. The bond shall be given for the benefit of the county, the state, or any person who may suffer loss by reason of a default in any of the conditions of the bond.

Sec. 2151.14. (A) The chief probation officer, under the direction of the juvenile judge, shall have charge of the work of the probation department. The department shall make any investigations that the judge directs, keep a written record of the investigations, and submit the record to the judge or deal with them as the judge directs. The department shall furnish to any person placed on probation COMMUNITY CONTROL a statement of the conditions of probation COMMUNITY CONTROL and shall instruct the person regarding them. The department shall keep informed concerning the conduct and condition of each person under its supervision and shall report on their conduct and condition to the judge as the judge directs. Each probation officer shall use all suitable methods to aid persons on probation COMMUNITY CONTROL and to bring about improvement in their conduct and condition. The department shall keep full records of its work, keep accurate and complete accounts of money collected from persons under its supervision, give receipts for the money, and make reports on the money as the judge directs.

(B) Except as provided in division (C) or (D) of this section, the reports and records of the department shall be considered confidential information and shall not be made public. A probation officer may serve the process of the court within or without the county, make arrests without warrant upon reasonable information or upon view of the violation of this chapter OR CHAPTER 2152. of the Revised Code, detain the person arrested pending the issuance of a warrant, and perform any other duties, incident to the office, that the judge directs. All sheriffs, deputy sheriffs, constables, marshals, deputy marshals, chiefs of police, municipal corporation and township police officers, and other peace officers shall render assistance to probation officers in the performance of their duties when requested to do so by any probation officer.

(C) When a complaint has been filed alleging that a child is delinquent by reason of having committed an act that would constitute a violation of section 2907.02, 2907.03, 2907.05, or 2907.06 of the Revised Code if committed by an adult and the arresting authority, a court, or a probation officer discovers that the child or a person whom the child caused to engage in sexual activity, as defined in section 2907.01 of the Revised Code, has a communicable disease, the arresting authority, court, or probation officer immediately shall notify the victim of the delinquent act of the nature of the disease.

(D)(1) In accordance with division (D)(2) of this section, subject to the limitation specified in division (D)(4) of this section, and in connection with a disposition pursuant to section 2151.354 of the Revised Code when a child has been found to be an unruly child, a disposition pursuant to section 2151.355 SECTIONS 2152.19 AND 2152.20 of the Revised Code when a child has been found to be a delinquent child, or a disposition pursuant to section 2151.356 SECTIONS 2152.20 AND 2152.21 of the Revised Code when a child has been found to be a juvenile traffic offender, the court may issue an order requiring boards of education, governing bodies of chartered nonpublic schools, public children services agencies, private child placing agencies, probation departments, law enforcement agencies, and prosecuting attorneys that have records related to the child in question to provide copies of one or more specified records, or specified information in one or more specified records, that the individual or entity has with respect to the child to any of the following individuals or entities that request the records in accordance with division (D)(3)(a) of this section:

(a) The child;

(b) The attorney or guardian ad litem of the child;

(c) A parent, guardian, or custodian of the child;

(d) A prosecuting attorney;

(e) A board of education of a public school district;

(f) A probation department of a juvenile court;

(g) A public children services agency or private child placing agency that has custody of the child, is providing services to the child or the child's family, or is preparing a social history or performing any other function for the juvenile court;

(h) The department of youth services when the department has custody of the child or is performing any services for the child that are required by the juvenile court or by statute;

(i) The individual in control of a juvenile detention or rehabilitation facility to which the child has been committed;

(j) An employee of the juvenile court that found the child to be an unruly child, a delinquent child, or a juvenile traffic offender;

(k) Any other entity that has custody of the child or is providing treatment, rehabilitation, or other services for the child pursuant to a court order, statutory requirement, or other arrangement.

(2) Any individual or entity listed in divisions (D)(1)(a) to (k) of this section may file a motion with the court that requests the court to issue an order as described in division (D)(1) of this section. If such a motion is filed, the court shall conduct a hearing on it. If at the hearing the movant demonstrates a need for one or more specified records, or for information in one or more specified records, related to the child in question and additionally demonstrates the relevance of the information sought to be obtained from those records, and if the court determines that the limitation specified in division (D)(4) of this section does not preclude the provision of a specified record or specified information to the movant, then the court may issue an order to a designated individual or entity to provide the movant with copies of one or more specified records or with specified information contained in one or more specified records.

(3)(a) Any individual or entity that is authorized by an order issued pursuant to division (D)(1) of this section to obtain copies of one or more specified records, or specified information, related to a particular child may file a written request for copies of the records or for the information with any individual or entity required by the order to provide copies of the records or the information. The request shall be in writing, describe the type of records or the information requested, explain the need for the records or the information, and be accompanied by a copy of the order.

(b) If an individual or entity that is required by an order issued pursuant to division (D)(1) of this section to provide one or more specified records, or specified information, related to a child receives a written request for the records or information in accordance with division (D)(3)(a) of this section, the individual or entity immediately shall comply with the request to the extent it is able to do so, unless the individual or entity determines that it is unable to comply with the request because it is prohibited by law from doing so, or unless the requesting individual or entity does not have authority to obtain the requested records or information. If the individual or entity determines that it is unable to comply with the request, it shall file a motion with the court that issued the order requesting the court to determine the extent to which it is required to comply with the request for records or information. Upon the filing of the motion, the court immediately shall hold a hearing on the motion, determine the extent to which the movant is required to comply with the request for records or information, and issue findings of fact and conclusions of law in support of its determination. The determination of the court shall be final. If the court determines that the movant is required to comply with the request for records or information, it shall identify the specific records or information that must be supplied to the individual or entity that requested the records or information.

(c) If an individual or entity is required to provide copies of one or more specified records pursuant to division (D) of this section, the individual or entity may charge a fee for the copies that does not exceed the cost of supplying them.

(4) Division (D) of this section does not require, authorize, or permit the dissemination of any records or any information contained in any records if the dissemination of the records or information generally is prohibited by any provision of the Revised Code and a specific provision of the Revised Code does not specifically authorize or permit the dissemination of the records or information pursuant to division (D) of this section.

Sec. 2151.141. (A) If a complaint filed with respect to a child pursuant to section 2151.27 of the Revised Code alleges that a child is an abused, neglected, or dependent child, any individual or entity that is listed in divisions (D)(1)(a) to (k) of section 2151.14 of the Revised Code and that is investigating whether the child is an abused, neglected, or dependent child, has custody of the child, is preparing a social history for the child, or is providing any services for the child may request any board of education, governing body of a chartered nonpublic school, public children services agency, private child placing agency, probation department, law enforcement agency, or prosecuting attorney that has any records related to the child to provide the individual or entity with a copy of the records. The request shall be in writing, describe the type of records requested, explain the need for the records, be accompanied by a copy of the complaint, and describe the relationship of the requesting individual or entity to the child. The individual or entity shall provide a copy of the request to the child in question, the attorney or guardian ad litem of the child, and the parent, guardian, or custodian of the child.

(B)(1) Any board of education, governing body of a chartered nonpublic school, public children services agency, private child placing agency, probation department, law enforcement agency, or prosecuting attorney that has any records related to a child who is the subject of a complaint as described in division (A) of this section and that receives a request for a copy of the records pursuant to division (A) of this section shall comply with the request, unless the individual or entity determines that it is unable to do so because it is prohibited by law from complying with the request, the request does not comply with division (A) of this section, or a complaint as described in division (A) of this section has not been filed with respect to the child who is the subject of the requested records. If the individual or entity determines that it is unable to comply with the request, it shall file a motion with the court in which the complaint as described in division (A) of this section was filed or was alleged to have been filed requesting the court to determine the extent to which it is required to comply with the request for records. Upon the filing of the motion, the court immediately shall hold a hearing on the motion, determine the extent to which the movant is required to comply with the request for records, and issue findings of fact and conclusions of law in support of its determination. The determination of the court shall be final. If the court determines that the movant is required to comply with the request for records, it shall identify the specific records that must be supplied to the individual or entity that requested them.

(2) In addition to or in lieu of the motion described in division (B)(1) of this section, a law enforcement agency or prosecuting attorney that receives a request for a copy of records pursuant to division (A) of this section may file a motion for a protective order as described in this division with the court in which the complaint as described in division (A) of this section was filed or alleged to have been filed. Upon the filing of such a motion, the court shall conduct a hearing on the motion. If at the hearing the law enforcement agency or prosecuting attorney demonstrates that any of the following applies and if, after considering the purposes for which the records were requested pursuant to division (A) of this section, the best interest of the child, and any demonstrated need to prevent specific information in the records from being disclosed, the court determines that the issuance of a protective order is necessary, then the court shall issue a protective order that appropriately limits the disclosure of one or more specified records or specified information in one or more specified records:

(a) The records or information in the records relate to a case in which the child is alleged to be a delinquent child or a case in which a child is bound over TRANSFERRED for trial as an adult pursuant to section 2151.26 2152.12 of the Revised Code and Juvenile Rule 30, and the adjudication hearing in the case, the trial in the case, or other disposition of the case has not been concluded.

(b) The records in question, or the records containing the information in question, are confidential law enforcement investigatory records, as defined in section 149.43 of the Revised Code.

(c) The records or information in the records relate to a case in which the child is or was alleged to be a delinquent child or to a case in which a child is or was bound over TRANSFERRED for trial as an adult pursuant to section 2151.26 2152.12 of the Revised Code and Juvenile Rule 30; another case is pending against any child or any adult in which the child is alleged to be a delinquent child, the child is so bound over TRANSFERRED for trial as an adult, or the adult is alleged to be a criminal offender; the allegations in the case to which the records or information relate and the allegations in the other case are based on the same act or transaction, are based on two or more connected transactions or constitute parts of a common scheme or plan, or are part of a course of criminal conduct; and the adjudication hearing in, trial in, or other disposition of the other case has not been concluded.

(C) If an individual or entity is required to provide copies of records pursuant to this section, the individual or entity may charge a fee for the copies that does not exceed the cost of supplying them.

(D) This section shall not be construed to require, authorize, or permit, and does not require, authorize, or permit, the dissemination of any records or any information contained in any records if the dissemination of the records or information generally is prohibited by any provision of the Revised Code and a specific provision of the Revised Code does not specifically authorize or permit the dissemination of the records or information pursuant to this section.

Sec. 2151.18. (A) THE JUVENILE COURT SHALL MAINTAIN RECORDS OF ALL OFFICIAL CASES BROUGHT BEFORE IT, INCLUDING, BUT NOT LIMITED TO, AN APPEARANCE DOCKET, A JOURNAL, AND RECORDS OF THE TYPE REQUIRED BY DIVISION (A)(2) OF SECTION 2151.35 of the Revised Code.

(B) NOT LATER THAN JUNE OF EACH YEAR, THE COURT SHALL PREPARE AN ANNUAL REPORT COVERING THE PRECEDING CALENDAR YEAR SHOWING THE NUMBER AND KINDS OF CASES THAT HAVE COME BEFORE IT, THE DISPOSITION OF THE CASES, AND ANY OTHER DATA PERTAINING TO THE WORK OF THE COURT THAT THE JUVENILE JUDGE DIRECTS. THE COURT SHALL FILE COPIES OF THE REPORT WITH THE BOARD OF COUNTY COMMISSIONERS. WITH THE APPROVAL OF THE BOARD, THE COURT MAY PRINT OR CAUSE TO BE PRINTED COPIES OF THE REPORT FOR DISTRIBUTION TO PERSONS AND AGENCIES INTERESTED IN THE COURT OR COMMUNITY PROGRAM FOR DEPENDENT, NEGLECTED, ABUSED, OR DELINQUENT CHILDREN AND JUVENILE TRAFFIC OFFENDERS. THE COURT SHALL INCLUDE THE NUMBER OF COPIES ORDERED PRINTED AND THE ESTIMATED COST OF EACH PRINTED COPY ON EACH COPY OF THE REPORT PRINTED FOR DISTRIBUTION.

Sec. 2151.211. No employer shall discharge or terminate from employment, threaten to discharge or terminate from employment, or otherwise punish or penalize any employee because of time lost from regular employment as a result of the employee's attendance at any proceeding in a delinquency case pursuant to a subpoena UNDER THIS CHAPTER OR CHAPTER 2152. of the Revised Code. This section generally does not require and shall not be construed to require an employer to pay an employee for time lost as a result of attendance at any proceeding in a delinquency case UNDER EITHER CHAPTER. However, if an employee is subpoenaed to appear at a proceeding in a delinquency case UNDER EITHER CHAPTER and the proceeding pertains to an offense against the employer or an offense involving the employee during the course of his THE EMPLOYEE'S employment, the employer shall not decrease or withhold the employee's pay for any time lost as a result of compliance with the subpoena. Any employer who knowingly violates this section is in contempt of court.

Sec. 2151.23. (A) The juvenile court has exclusive original jurisdiction under the Revised Code as follows:

(1) Concerning any child who on or about the date specified in the complaint, INDICTMENT, OR INFORMATION is alleged to be a juvenile traffic offender or a delinquent, unruly, abused, neglected, or dependent child and, based on and in relation to the allegation pertaining to the child, concerning the parent, guardian, or other person having care of a child who is alleged to be an unruly or delinquent child for being an habitual or chronic truant;

(2) Subject to division (V) of section 2301.03 of the Revised Code, to determine the custody of any child not a ward of another court of this state;

(3) To hear and determine any application for a writ of habeas corpus involving the custody of a child;

(4) To exercise the powers and jurisdiction given the probate division of the court of common pleas in Chapter 5122. of the Revised Code, if the court has probable cause to believe that a child otherwise within the jurisdiction of the court is a mentally ill person subject to hospitalization by court order, as defined in section 5122.01 of the Revised Code;

(5) To hear and determine all criminal cases charging adults with the violation of any section of this chapter;

(6) To hear and determine all criminal cases in which an adult is charged with a violation of division (C) of section 2919.21, division (B)(1) of section 2919.22, section 2919.222, division (B) of section 2919.23, or section 2919.24 of the Revised Code, provided the charge is not included in an indictment that also charges the alleged adult offender with the commission of a felony arising out of the same actions that are the basis of the alleged violation of division (C) of section 2919.21, division (B)(1) of section 2919.22, section 2919.222, division (B) of section 2919.23, or section 2919.24 of the Revised Code;

(7) Under the interstate compact on juveniles in section 2151.56 of the Revised Code;

(8) Concerning any child who is to be taken into custody pursuant to section 2151.31 of the Revised Code, upon being notified of the intent to take the child into custody and the reasons for taking the child into custody;

(9) To hear and determine requests for the extension of temporary custody agreements, and requests for court approval of permanent custody agreements, that are filed pursuant to section 5103.15 of the Revised Code;

(10) To hear and determine applications for consent to marry pursuant to section 3101.04 of the Revised Code;

(11) Subject to division (V) of section 2301.03 of the Revised Code, to hear and determine a request for an order for the support of any child if the request is not ancillary to an action for divorce, dissolution of marriage, annulment, or legal separation, a criminal or civil action involving an allegation of domestic violence, or an action for support brought under Chapter 3115. of the Revised Code;

(12) Concerning an action commenced under section 121.38 of the Revised Code;

;

(14)(13) To hear and determine violations of section 3321.38 of the Revised Code;

(15)(14) To exercise jurisdiction and authority over the parent, guardian, or other person having care of a child alleged to be a delinquent child, unruly child, or juvenile traffic offender, based on and in relation to the allegation pertaining to the child.

(B) Except as provided in division (I) of section 2301.03 of the Revised Code, the juvenile court has original jurisdiction under the Revised Code:

(1) To hear and determine all cases of misdemeanors charging adults with any act or omission with respect to any child, which act or omission is a violation of any state law or any municipal ordinance;

(2) To determine the paternity of any child alleged to have been born out of wedlock pursuant to sections 3111.01 to 3111.19 of the Revised Code;

(3) Under the uniform interstate family support act in Chapter 3115. of the Revised Code;

(4) To hear and determine an application for an order for the support of any child, if the child is not a ward of another court of this state;

(5) To hear and determine an action commenced under section 5101.314 of the Revised Code.

(C) The juvenile court, except as to juvenile courts that are a separate division of the court of common pleas or a separate and independent juvenile court, has jurisdiction to hear, determine, and make a record of any action for divorce or legal separation that involves the custody or care of children and that is filed in the court of common pleas and certified by the court of common pleas with all the papers filed in the action to the juvenile court for trial, provided that no certification of that nature shall be made to any juvenile court unless the consent of the juvenile judge first is obtained. After a certification of that nature is made and consent is obtained, the juvenile court shall proceed as if the action originally had been begun in that court, except as to awards for spousal support or support due and unpaid at the time of certification, over which the juvenile court has no jurisdiction.

(D) The juvenile court, except as provided in division (I) of section 2301.03 of the Revised Code, has jurisdiction to hear and determine all matters as to custody and support of children duly certified by the court of common pleas to the juvenile court after a divorce decree has been granted, including jurisdiction to modify the judgment and decree of the court of common pleas as the same relate to the custody and support of children.

(E) The juvenile court, except as provided in division (I) of section 2301.03 of the Revised Code, has jurisdiction to hear and determine the case of any child certified to the court by any court of competent jurisdiction if the child comes within the jurisdiction of the juvenile court as defined by this section.

(F)(1) The juvenile court shall exercise its jurisdiction in child custody matters in accordance with sections 3109.04, 3109.21 to 3109.36, and 5103.20 to 5103.28 of the Revised Code.

(2) The juvenile court shall exercise its jurisdiction in child support matters in accordance with section 3109.05 of the Revised Code.

(G)(1) Each order for child support made or modified by a juvenile court shall include as part of the order a general provision, as described in division (A)(1) of section 3113.21 of the Revised Code, requiring the withholding or deduction of income or assets of the obligor under the order as described in division (D) of section 3113.21 of the Revised Code, or another type of appropriate requirement as described in division (D)(3), (D)(4), or (H) of that section, to ensure that withholding or deduction from the income or assets of the obligor is available from the commencement of the support order for collection of the support and of any arrearages that occur; a statement requiring all parties to the order to notify the child support enforcement agency in writing of their current mailing address, current residence address, current residence telephone number, and current driver's license number, and any changes to that information; and a notice that the requirement to notify the child support enforcement agency of all changes to that information continues until further notice from the court. Any juvenile court that makes or modifies an order for child support shall comply with sections 3113.21 to 3113.219 of the Revised Code. If any person required to pay child support under an order made by a juvenile court on or after April 15, 1985, or modified on or after December 1, 1986, is found in contempt of court for failure to make support payments under the order, the court that makes the finding, in addition to any other penalty or remedy imposed, shall assess all court costs arising out of the contempt proceeding against the person and require the person to pay any reasonable attorney's fees of any adverse party, as determined by the court, that arose in relation to the act of contempt.

(2) Notwithstanding section 3109.01 of the Revised Code, if a juvenile court issues a child support order under this chapter, the order shall remain in effect beyond the child's eighteenth birthday as long as the child continuously attends on a full-time basis any recognized and accredited high school or the order provides that the duty of support of the child continues beyond the child's eighteenth birthday. Except in cases in which the order provides that the duty of support continues for any period after the child reaches nineteen years of age the order shall not remain in effect after the child reaches nineteen years of age. Any parent ordered to pay support under a child support order issued under this chapter shall continue to pay support under the order, including during seasonal vacation periods, until the order terminates.

(H) If a child who is charged with an act that would be an offense if committed by an adult was fourteen years of age or older and under eighteen years of age at the time of the alleged act and if the case is transferred for criminal prosecution pursuant to section 2151.26 2152.12 of the Revised Code, the juvenile court does not have jurisdiction to hear or determine the case subsequent to the transfer. The court to which the case is transferred for criminal prosecution pursuant to that section has jurisdiction subsequent to the transfer to hear and determine the case in the same manner as if the case originally had been commenced in that court, including, but not limited to, jurisdiction to accept a plea of guilty or another plea authorized by Criminal Rule 11 or another section of the Revised Code and jurisdiction to accept a verdict and to enter a judgment of conviction pursuant to the Rules of Criminal Procedure against the child for the commission of the offense that was the basis of the transfer of the case for criminal prosecution, whether the conviction is for the same degree or a lesser degree of the offense charged, for the commission of a lesser-included offense, or for the commission of another offense that is different from the offense charged.

(I) If a person under eighteen years of age allegedly commits an act that would be a felony if committed by an adult and if the person is not taken into custody or apprehended for that act until after the person attains twenty-one years of age, the juvenile court does not have jurisdiction to hear or determine any portion of the case charging the person with committing that act. In those circumstances, divisions (A) AND (B) and (C) of section 2151.26 2152.12 of the Revised Code do not apply regarding the act, AND the case charging the person with committing the act shall be a criminal prosecution commenced and heard in the appropriate court having jurisdiction of the offense as if the person had been eighteen years of age or older when the person committed the act, all. ALL proceedings pertaining to the act shall be within the jurisdiction of the court having jurisdiction of the offense, and the THAT court having jurisdiction of the offense has all the authority and duties in the case as THAT it has in other criminal cases commenced in that court.

Sec. 2151.24. The (A) EXCEPT AS PROVIDED IN DIVISION (B) OF THIS SECTION, THE board of county commissioners shall provide a special room not used for the trial of criminal or adult cases, when available, for the hearing of the cases of dependent, neglected, abused, and delinquent children.

(B) DIVISION (A) OF THIS SECTION DOES NOT APPLY TO THE CASE OF AN ALLEGED DELINQUENT CHILD WHEN THE CASE IS ONE IN WHICH THE PROSECUTING ATTORNEY SEEKS A SERIOUS YOUTHFUL OFFENDER DISPOSITION UNDER SECTION 2152.13 of the Revised Code.

Sec. 2151.27. (A)(1) Subject to division (A)(2) of this section, any person having knowledge of a child who appears to be a juvenile traffic offender or to be a delinquent, AN unruly, abused, neglected, or dependent child may file a sworn complaint with respect to that child in the juvenile court of the county in which the child has a residence or legal settlement or in which the traffic offense, delinquency, unruliness, abuse, neglect, or dependency allegedly occurred. If an alleged abused, neglected, or dependent child is taken into custody pursuant to division (D) of section 2151.31 of the Revised Code or is taken into custody pursuant to division (A) of section 2151.31 of the Revised Code without the filing of a complaint and placed into shelter care pursuant to division (C) of that section, a sworn complaint shall be filed with respect to the child before the end of the next day after the day on which the child was taken into custody. The sworn complaint may be upon information and belief, and, in addition to the allegation that the child is a delinquent, AN unruly, abused, neglected, or dependent child or a juvenile traffic offender, the complaint shall allege the particular facts upon which the allegation that the child is a delinquent, AN unruly, abused, neglected, or dependent child or a juvenile traffic offender is based.

(2) Any person having knowledge of a child who appears to be an unruly or delinquent child for being an habitual or chronic truant may file a sworn complaint with respect to that child and the parent, guardian, or other person having care of the child in the juvenile court of the county in which the child has a residence or legal settlement or in which the child is supposed to attend public school. The sworn complaint may be upon information and belief and shall contain the following allegations:

(a) That the child is an unruly child for being an habitual truant or the child is a delinquent child for being a chronic truant or an habitual truant who previously has been adjudicated an unruly child for being an habitual truant and, in addition, the particular facts upon which that allegation is based;

(b) That the parent, guardian, or other person having care of the child has failed to cause the child's attendance at school in violation of section 3321.38 of the Revised Code and, in addition, the particular facts upon which that allegation is based.

(B) If a child, before arriving at the age of eighteen years, allegedly commits an act for which the child may be adjudicated a delinquent child, an unruly child, or a juvenile traffic offender and if the specific complaint alleging the act is not filed or a hearing on that specific complaint is not held until after the child arrives at the age of eighteen years, the court has jurisdiction to hear and dispose of the complaint as if the complaint were filed and the hearing held before the child arrived at the age of eighteen years.

(C) If the complainant in a case in which a child is alleged to be an abused, neglected, or dependent child desires permanent custody of the child or children, temporary custody of the child or children, whether as the preferred or an alternative disposition, or the placement of the child in a planned permanent living arrangement, the complaint shall contain a prayer specifically requesting permanent custody, temporary custody, or the placement of the child in a planned permanent living arrangement.

(D) For purposes of the record to be maintained by the clerk under division (B) of section 2151.18 of the Revised Code, when a complaint is filed that alleges that a child is a delinquent child, the court shall determine if the victim of the alleged delinquent act was sixty-five years of age or older or permanently and totally disabled at the time of the alleged commission of the act.

(E) Any person with standing under applicable law may file a complaint for the determination of any other matter over which the juvenile court is given jurisdiction by section 2151.23 of the Revised Code. The complaint shall be filed in the county in which the child who is the subject of the complaint is found or was last known to be found.

(F) Within ten days after the filing of a complaint, the court shall give written notice of the filing of the complaint and of the substance of the complaint to the superintendent of a city, local, exempted village, or joint vocational school district if the complaint alleges that a child committed an act that would be a criminal offense if committed by an adult, that the child was sixteen years of age or older at the time of the commission of the alleged act, and that the alleged act is any of the following:

(1) A violation of section 2923.122 of the Revised Code that relates to property owned or controlled by, or to an activity held under the auspices of, the board of education of that school district;

(2) A violation of section 2923.12 of the Revised Code, of a substantially similar municipal ordinance, or of section 2925.03 of the Revised Code that was committed on property owned or controlled by, or at an activity held under the auspices of, the board of education of that school district;

(3) A violation of section 2925.11 of the Revised Code that was committed on property owned or controlled by, or at an activity held under the auspices of, the board of education of that school district, other than a violation of that section that would be a minor drug possession offense, as defined in section 2925.01 of the Revised Code, if committed by an adult;

(4) A violation of section 2903.01, 2903.02, 2903.03, 2903.04, 2903.11, 2903.12, 2907.02, or 2907.05 of the Revised Code, or a violation of former section 2907.12 of the Revised Code, that was committed on property owned or controlled by, or at an activity held under the auspices of, the board of education of that school district, if the victim at the time of the commission of the alleged act was an employee of the board of education of that school district.

(5) Complicity in any violation described in division (F)(1), (2), (3), or (4) of this section that was alleged to have been committed in the manner described in division (F)(1), (2), (3), or (4) of this section, regardless of whether the act of complicity was committed on property owned or controlled by, or at an activity held under the auspices of, the board of education of that school district.

(G)(E) A public children services agency, acting pursuant to a complaint or an action on a complaint filed under this section, is not subject to the requirements of section 3109.27 of the Revised Code.

Sec. 2151.271. If EXCEPT IN A CASE IN WHICH THE CHILD IS ALLEGED TO BE A SERIOUS YOUTHFUL OFFENDER UNDER SECTION 2152.13 of the Revised Code, IF the child resides in a county of the state and the proceeding is commenced in a juvenile court of another county, that court, on its own motion or a motion of a party, may transfer the proceeding to the county of the child's residence upon the filing of the complaint or after the adjudicatory, or dispositional hearing, for such further proceeding as required. The court of the child's residence shall then proceed as if the original complaint had been filed in that court. Transfer may also be made if the residence of the child changes. The proceeding shall be so transferred if other proceedings involving the child are pending in the juvenile court of the county of his THE CHILD'S residence.

Whenever a case is transferred to the county of the child's residence and it appears to the court of that county that the interests of justice and the convenience of the parties requires that the adjudicatory hearing be had in the county wherein IN WHICH the complaint was filed, the court may return the proceeding to the county wherein IN WHICH the complaint was filed for the purpose of such THE adjudicatory hearing. The court may thereafter proceed as to the transfer to the county of the child's legal residence as provided in this section.

Certified copies of all legal and social records pertaining to the case shall accompany the transfer.

Sec. 2151.28. (A) No later than seventy-two hours after the complaint is filed, the court shall fix a time for an adjudicatory hearing. The court shall conduct the adjudicatory hearing within one of the following periods of time:

(1) If SUBJECT TO DIVISION (D) OF SECTION 2152.13 of the Revised Code, IF the complaint alleged that the child is a delinquent or unruly child or a juvenile traffic offender, the adjudicatory hearing shall be held and may be continued in accordance with the Juvenile Rules.

(2) If the complaint alleged that the child is an abused, neglected, or dependent child, the adjudicatory hearing shall be held no later than thirty days after the complaint is filed, except that, for good cause shown, the court may continue the adjudicatory hearing for either of the following periods of time:

(a) For ten days beyond the thirty-day deadline to allow any party to obtain counsel;

(b) For a reasonable period of time beyond the thirty-day deadline to obtain service on all parties or any necessary evaluation, except that the adjudicatory hearing shall not be held later than sixty days after the date on which the complaint was filed.

(B) At an adjudicatory hearing held pursuant to division (A)(2) of this section, the court, in addition to determining whether the child is an abused, neglected, or dependent child, shall determine whether the child should remain or be placed in shelter care until the dispositional hearing. When the court makes the shelter care determination, all of the following apply:

(1) The court shall determine whether there are any relatives of the child who are willing to be temporary custodians of the child. If any relative is willing to be a temporary custodian, the child otherwise would remain or be placed in shelter care, and the appointment is appropriate, the court shall appoint the relative as temporary custodian of the child, unless the court appoints another relative as custodian. If it determines that the appointment of a relative as custodian would not be appropriate, it shall issue a written opinion setting forth the reasons for its determination and give a copy of the opinion to all parties and the guardian ad litem of the child.

The court's consideration of a relative for appointment as a temporary custodian does not make that relative a party to the proceedings.

(2) The court shall comply with section 2151.419 of the Revised Code.

(3) The court shall schedule the date for the dispositional hearing to be held pursuant to section 2151.35 of the Revised Code. The parents of the child have a right to be represented by counsel; however, in no case shall the dispositional hearing be held later than ninety days after the date on which the complaint was filed.

(C) The court shall direct the issuance of a summons directed to the child except as provided by this section, the parents, guardian, custodian, or other person with whom the child may be, and any other persons that appear to the court to be proper or necessary parties to the proceedings, requiring them to appear before the court at the time fixed to answer the allegations of the complaint. The summons shall contain the name and telephone number of the court employee designated by the court pursuant to section 2151.314 of the Revised Code to arrange for the prompt appointment of counsel for indigent persons. A child alleged to be an abused, neglected, or dependent child shall not be summoned unless the court so directs. A summons issued for a child who is under fourteen years of age and who is alleged to be a delinquent child, unruly child, or a juvenile traffic offender shall be served on the parent, guardian, or custodian of the child in the child's behalf.

If the person who has physical custody of the child, or with whom the child resides, is other than the parent or guardian, then the parents and guardian also shall be summoned. A copy of the complaint shall accompany the summons.

(D) If the complaint contains a prayer for permanent custody, temporary custody, whether as the preferred or an alternative disposition, or a planned permanent living arrangement in a case involving an alleged abused, neglected, or dependent child, the summons served on the parents shall contain as is appropriate an explanation that the granting of permanent custody permanently divests the parents of their parental rights and privileges, an explanation that an adjudication that the child is an abused, neglected, or dependent child may result in an order of temporary custody that will cause the removal of the child from their legal custody until the court terminates the order of temporary custody or permanently divests the parents of their parental rights, or an explanation that the issuance of an order for a planned permanent living arrangement will cause the removal of the child from the legal custody of the parents if any of the conditions listed in divisions (A)(5)(a) to (c) of section 2151.353 of the Revised Code are found to exist.

(E)(1) Except as otherwise provided in division (E)(2) of this section, the court may endorse upon the summons an order directing the parents, guardian, or other person with whom the child may be to appear personally at the hearing and directing the person having the physical custody or control of the child to bring the child to the hearing.

(2) In cases in which the complaint alleges that a child is an unruly or delinquent child for being an habitual or chronic truant and that the parent, guardian, or other person having care of the child has failed to cause the child's attendance at school, the court shall endorse upon the summons an order directing the parent, guardian, or other person having care of the child to appear personally at the hearing and directing the person having the physical custody or control of the child to bring the child to the hearing.

(F)(1) The summons shall contain a statement advising that any party is entitled to counsel in the proceedings and that the court will appoint counsel or designate a county public defender or joint county public defender to provide legal representation if the party is indigent.

(2) In cases in which the complaint alleges a child to be an abused, neglected, or dependent child and no hearing has been conducted pursuant to division (A) of section 2151.314 of the Revised Code with respect to the child or a parent, guardian, or custodian of the child does not attend the hearing, the summons also shall contain a statement advising that a case plan may be prepared for the child, the general requirements usually contained in case plans, and the possible consequences of failure to comply with a journalized case plan.

(G) If it appears from an affidavit filed or from sworn testimony before the court that the conduct, condition, or surroundings of the child are endangering the child's health or welfare or those of others, that the child may abscond or be removed from the jurisdiction of the court, or that the child will not be brought to the court, notwithstanding the service of the summons, the court may endorse upon the summons an order that a law enforcement officer serve the summons and take the child into immediate custody and bring the child forthwith to the court.

(H) A party, other than the child, may waive service of summons by written stipulation.

(I) Before any temporary commitment is made permanent, the court shall fix a time for hearing in accordance with section 2151.414 of the Revised Code and shall cause notice by summons to be served upon the parent or guardian of the child and the guardian ad litem of the child, or published, as provided in section 2151.29 of the Revised Code. The summons shall contain an explanation that the granting of permanent custody permanently divests the parents of their parental rights and privileges.

(J) Any person whose presence is considered necessary and who is not summoned may be subpoenaed to appear and testify at the hearing. Anyone summoned or subpoenaed to appear who fails to do so may be punished, as in other cases in the court of common pleas, for contempt of court. Persons subpoenaed shall be paid the same witness fees as are allowed in the court of common pleas.

(K) The failure of the court to hold an adjudicatory hearing within any time period set forth in division (A)(2) of this section does not affect the ability of the court to issue any order under this chapter and does not provide any basis for attacking the jurisdiction of the court or the validity of any order of the court.

(L) If the court, at an adjudicatory hearing held pursuant to division (A) of this section upon a complaint alleging that a child is an abused, neglected, dependent, delinquent, or unruly child or a juvenile traffic offender, determines that the child is a dependent child, the court shall incorporate that determination into written findings of fact and conclusions of law and enter those findings of fact and conclusions of law in the record of the case. The court shall include in those findings of fact and conclusions of law specific findings as to the existence of any danger to the child and any underlying family problems that are the basis for the court's determination that the child is a dependent child.

Sec. 2151.29. Service of summons, notices, and subpoenas, prescribed by section 2151.28 of the Revised Code, shall be made by delivering a copy to the person summoned, notified, or subpoenaed, or by leaving a copy at his THE PERSON'S usual place of residence. If the juvenile judge is satisfied that such service is impracticable, he THE JUVENILE JUDGE may order service by registered or certified mail. If the person to be served is without the state but he THE PERSON can be found or his THE PERSON'S address is known, or his THE PERSON'S whereabouts or address can with reasonable diligence be ascertained, service of the summons may be made by delivering a copy to him THE PERSON personally or mailing a copy to him THE PERSON by registered or certified mail.

Whenever it appears by affidavit that after reasonable effort the person to be served with summons cannot be found or his THE PERSON'S post-office address ascertained, whether he THE PERSON is within or without a state, the clerk shall publish such summons once in a newspaper of general circulation throughout the county. The summons shall state the substance and the time and place of the hearing, which shall be held at least one week later than the date of the publication. A copy of the summons and the complaint, INDICTMENT, OR INFORMATION shall be sent by registered or certified mail to the last known address of the person summoned unless it is shown by affidavit that a reasonable effort has been made, without success, to obtain such address.

A copy of the advertisement, THE summons, and THE complaint, INDICTMENT, OR INFORMATION, accompanied by the certificate of the clerk that such publication has been made and that such THE summons and THE complaint, INDICTMENT, OR INFORMATION have been mailed as required by this section, is sufficient evidence of publication and mailing. When a period of one week from the time of publication has elapsed, the juvenile court shall have full jurisdiction to deal with such child as provided by sections 2151.01 to 2151.99, inclusive, of the Revised Code.

Sec. 2151.31. (A) A child may be taken into custody in any of the following ways:

(1) Pursuant to an order of the court under this chapter or pursuant to an order of the court upon a motion filed pursuant to division (B) of section 2930.05 of the Revised Code;

(2) Pursuant to the laws of arrest;

(3) By a law enforcement officer or duly authorized officer of the court when any of the following conditions are present:

(a) There are reasonable grounds to believe that the child is suffering from illness or injury and is not receiving proper care, as described in section 2151.03 of the Revised Code, and the child's removal is necessary to prevent immediate or threatened physical or emotional harm;

(b) There are reasonable grounds to believe that the child is in immediate danger from the child's surroundings and that the child's removal is necessary to prevent immediate or threatened physical or emotional harm;

(c) There are reasonable grounds to believe that a parent, guardian, custodian, or other household member of the child's household has abused or neglected another child in the household and to believe that the child is in danger of immediate or threatened physical or emotional harm from that person.

(4) By an enforcement official, as defined in section 4109.01 of the Revised Code, under the circumstances set forth in section 4109.08 of the Revised Code;

(5) By a law enforcement officer or duly authorized officer of the court when there are reasonable grounds to believe that the child has run away from the child's parents, guardian, or other custodian;

(6) By a law enforcement officer or duly authorized officer of the court when any of the following apply:

(a) There are reasonable grounds to believe that the conduct, conditions, or surroundings of the child are endangering the health, welfare, or safety of the child.

(b) A complaint has been filed with respect to the child under section 2151.27 OR 2152.021 of the Revised Code OR THE CHILD HAS BEEN INDICTED UNDER DIVISION (A) OF SECTION 2152.13 of the Revised Code OR CHARGED BY INFORMATION AS DESCRIBED IN THAT SECTION and there are reasonable grounds to believe that the child may abscond or be removed from the jurisdiction of the court.

(c) The child is required to appear in court and there are reasonable grounds to believe that the child will not be brought before the court when required.

(d) THERE ARE REASONABLE GROUNDS TO BELIEVE THAT THE CHILD COMMITTED A DELINQUENT ACT AND THAT TAKING THE CHILD INTO CUSTODY IS NECESSARY TO PROTECT THE PUBLIC INTEREST AND SAFETY.

(B)(1) The taking of a child into custody is not and shall not be deemed an arrest except for the purpose of determining its validity under the constitution of this state or of the United States.

(2) Except as provided in division (C) of section 2151.311 of the Revised Code, a child taken into custody shall not be held in any state correctional institution, county, multicounty, or municipal jail or workhouse, or any other place where any adult convicted of crime, under arrest, or charged with crime is held.

(C) A (1) EXCEPT AS PROVIDED IN DIVISION (C)(2) OF THIS SECTION, A child taken into custody shall not be confined in a place of juvenile detention or placed in shelter care prior to the implementation of the court's final order of disposition, unless detention or shelter care is required to protect the child from immediate or threatened physical or emotional harm, because the child may abscond or be removed from the jurisdiction of the court, because the child has no parents, guardian, or custodian or other person able to provide supervision and care for the child and return the child to the court when required, or because an order for placement of the child in detention or shelter care has been made by the court pursuant to this chapter.

(2) A CHILD ALLEGED TO BE A DELINQUENT CHILD WHO IS TAKEN INTO CUSTODY MAY BE CONFINED IN A PLACE OF JUVENILE DETENTION PRIOR TO THE IMPLEMENTATION OF THE COURT'S FINAL ORDER OF DISPOSITION IF THE CONFINEMENT IS AUTHORIZED UNDER SECTION 2152.04 of the Revised Code OR IF THE CHILD IS ALLEGED TO BE A SERIOUS YOUTHFUL OFFENDER UNDER SECTION 2152.13 of the Revised Code AND IS NOT RELEASED ON BOND.

(D) Upon receipt of notice from a person that the person intends to take an alleged abused, neglected, or dependent child into custody pursuant to division (A)(3) of this section, a juvenile judge or a designated referee may grant by telephone an ex parte emergency order authorizing the taking of the child into custody if there is probable cause to believe that any of the conditions set forth in divisions (A)(3)(a) to (c) of this section are present. The judge or referee shall journalize any ex parte emergency order issued pursuant to this division. If an order is issued pursuant to this division and the child is taken into custody pursuant to the order, a sworn complaint shall be filed with respect to the child before the end of the next business day after the day on which the child is taken into custody and a hearing shall be held pursuant to division (E) of this section and the Juvenile Rules. A juvenile judge or referee shall not grant an emergency order by telephone pursuant to this division until after the judge or referee determines that reasonable efforts have been made to notify the parents, guardian, or custodian of the child that the child may be placed into shelter care and of the reasons for placing the child into shelter care, except that, if the requirement for notification would jeopardize the physical or emotional safety of the child or result in the child being removed from the court's jurisdiction, the judge or referee may issue the order for taking the child into custody and placing the child into shelter care prior to giving notice to the parents, guardian, or custodian of the child.

(E) If a judge or referee pursuant to division (D) of this section issues an ex parte emergency order for taking a child into custody, the court shall hold a hearing to determine whether there is probable cause for the emergency order. The hearing shall be held before the end of the next business day after the day on which the emergency order is issued, except that it shall not be held later than seventy-two hours after the emergency order is issued.

If the court determines at the hearing that there is not probable cause for the issuance of the emergency order issued pursuant to division (D) of this section, it shall order the child released to the custody of the child's parents, guardian, or custodian. If the court determines at the hearing that there is probable cause for the issuance of the emergency order issued pursuant to division (D) of this section, the court shall do all of the following:

(1) Ensure that a complaint is filed or has been filed;

(2) Comply with section 2151.419 of the Revised Code;

(3) Hold a hearing pursuant to section 2151.314 of the Revised Code to determine if the child should remain in shelter care.

(F) If the court determines at the hearing held pursuant to division (E) of this section that there is probable cause to believe that the child is an abused child, as defined in division (A) of section 2151.031 of the Revised Code, the court may do any of the following:

(1) Upon the motion of any party, the guardian ad litem, the prosecuting attorney, or an employee of the public children services agency, or its own motion, issue reasonable protective orders with respect to the interviewing or deposition of the child;

(2) Order that the child's testimony be videotaped for preservation of the testimony for possible use in any other proceedings in the case;

(3) Set any additional conditions with respect to the child or the case involving the child that are in the best interest of the child.

(G) This section is not intended, and shall not be construed, to prevent any person from taking a child into custody, if taking the child into custody is necessary in an emergency to prevent the physical injury, emotional harm, or neglect of the child.

Sec. 2151.311. (A) A person taking a child into custody shall, with all reasonable speed and in accordance with division (C) of this section, either:

(1) Release the child to the child's parents, guardian, or other custodian, unless the child's detention or shelter care appears to be warranted or required as provided in section 2151.31 of the Revised Code;

(2) Bring the child to the court or deliver the child to a place of detention or shelter care designated by the court and promptly give notice thereof, together with a statement of the reason for taking the child into custody, to a parent, guardian, or other custodian and to the court.

(B) If a parent, guardian, or other custodian fails, when requested by the court, to bring the child before the court as provided by this section, the court may issue its warrant directing that the child be taken into custody and brought before the court.

(C)(1) Before taking any action required by division (A) of this section, a person taking a child into custody may hold the child for processing purposes in 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 for either of the following periods of time:

(a) For a period not to exceed six hours, if all of the following apply:

(i) The child is alleged to be a delinquent child for the commission of an act that would be a felony if committed by an adult;

(ii) The child remains beyond the range of touch of all adult detainees;

(iii) The child is visually supervised by jail or workhouse personnel at all times during the detention;

(iv) The child is not handcuffed or otherwise physically secured to a stationary object during the detention.

(b) For a period not to exceed three hours, if all of the following apply:

(i) The child is alleged to be a delinquent child for the commission of an act that would be a misdemeanor if committed by an adult, is alleged to be 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, or is alleged to be an unruly child or a juvenile traffic offender;

(ii) The child remains beyond the range of touch of all adult detainees;

(iii) The child is visually supervised by jail or workhouse personnel at all times during the detention;

(iv) The child is not handcuffed or otherwise physically secured to a stationary object during the detention.

(2) If a child has been transferred to an adult court for prosecution for the alleged commission of a criminal offense, subsequent to the transfer, the child may be held as described in division (F) of section 2151.312 2152.26 or division (B) of section 5120.16 of the Revised Code.

(D) As used in division (C)(1) of this section, "processing purposes" means all of the following:

(1) Fingerprinting, photographing, or fingerprinting and photographing the child in a secure area of the facility;

(2) Interrogating the child, contacting the child's parent or guardian, arranging for placement of the child, or arranging for transfer or transferring the child, while holding the child in a nonsecure area of the facility.

Sec. 2151.312. (A) A CHILD ALLEGED TO BE OR ADJUDICATED AN UNRULY CHILD MAY BE HELD ONLY IN THE FOLLOWING PLACES:

(1) A CERTIFIED FAMILY 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)(1) EXCEPT AS PROVIDED UNDER DIVISION (C)(1) OF SECTION 2151.311 OF THE REVISED CODE, A CHILD ALLEGED TO BE OR ADJUDICATED A NEGLECTED CHILD, AN ABUSED CHILD, A DEPENDENT CHILD, OR AN UNRULY CHILD 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 A CRIME, UNDER ARREST, OR CHARGED WITH A CRIME IS HELD;

(b) A SECURE CORRECTIONAL FACILITY.

(2) EXCEPT AS PROVIDED UNDER SECTIONS 2151.26 TO 2151.61 of the Revised Code AND DIVISION (B)(3) OF THIS SECTION, A CHILD ALLEGED TO BE OR ADJUDICATED AN UNRULY CHILD MAY NOT BE HELD FOR MORE THAN TWENTY-FOUR HOURS IN A DETENTION FACILITY. A CHILD ALLEGED TO BE OR ADJUDICATED A NEGLECTED CHILD, AN ABUSED CHILD, OR A DEPENDENT CHILD SHALL NOT BE HELD IN A DETENTION FACILITY.

(3) A CHILD WHO IS ALLEGED TO BE OR ADJUDICATED AN UNRULY CHILD AND WHO IS TAKEN INTO CUSTODY ON A SATURDAY, SUNDAY, OR LEGAL HOLIDAY, AS LISTED IN SECTION 1.14 OF THE REVISED CODE, MAY BE HELD IN A DETENTION FACILITY UNTIL THE NEXT SUCCEEDING DAY THAT IS NOT A SATURDAY, SUNDAY, OR LEGAL HOLIDAY.

Sec. 2151.313. (A)(1) Except as provided in division (A)(2) of this section and in sections 109.57, 109.60, and 109.61 of the Revised Code, no child shall be fingerprinted or photographed in the investigation of any violation of law without the consent of the juvenile judge.

(2) Subject to division (A)(3) of this section, a law enforcement officer may fingerprint and photograph a child without the consent of the juvenile judge when the child is arrested or otherwise taken into custody for the commission of an act that would be an offense, other than a traffic offense or a minor misdemeanor, if committed by an adult, and there is probable cause to believe that the child may have been involved in the commission of the act. A law enforcement officer who takes fingerprints or photographs of a child under division (A)(2) of this section immediately shall inform the juvenile court that the fingerprints or photographs were taken and shall provide the court with the identity of the child, the number of fingerprints and photographs taken, and the name and address of each person who has custody and control of the fingerprints or photographs or copies of the fingerprints or photographs.

(3) This section does not apply to a child to whom either of the following applies:

(a) The child has been arrested or otherwise taken into custody for committing, or has been adjudicated a delinquent child for committing, an act that would be a felony if committed by an adult or has been convicted of or pleaded guilty to committing a felony.

(b) There is probable cause to believe that the child may have committed an act that would be a felony if committed by an adult.

(B)(1) Subject to divisions (B)(4), (5), and (6) of this section, all fingerprints and photographs of a child obtained or taken under division (A)(1) or (2) of this section, and any records of the arrest or custody of the child that was the basis for the taking of the fingerprints or photographs, initially may be retained only until the expiration of thirty days after the date taken, except that the court may limit the initial retention of fingerprints and photographs of a child obtained under division (A)(1) of this section to a shorter period of time and except that, if the child is adjudicated a delinquent child for the commission of an act described in division (B)(3) of this section or is convicted of or pleads guilty to a criminal offense for the commission of an act described in division (B)(3) of this section, the fingerprints and photographs, and the records of the arrest or custody of the child that was the basis for the taking of the fingerprints and photographs, shall be retained in accordance with division (B)(3) of this section. During the initial period of retention, the fingerprints and photographs of a child, copies of the fingerprints and photographs, and records of the arrest or custody of the child shall be used or released only in accordance with division (C) of this section. At the expiration of the initial period for which fingerprints and photographs of a child, copies of fingerprints and photographs of a child, and records of the arrest or custody of a child may be retained under this division, if no complaint, INDICTMENT, OR INFORMATION is pending against the child in relation to the act for which the fingerprints and photographs originally were obtained or taken and if the child has neither been adjudicated a delinquent child for the commission of that act nor been convicted of or pleaded guilty to a criminal offense based on that act subsequent to a transfer of the child's case for criminal prosecution pursuant to section 2151.26 2152.12 of the Revised Code, the fingerprints and photographs of the child, all copies of the fingerprints and photographs, and all records of the arrest or custody of the child that was the basis of the taking of the fingerprints and photographs shall be removed from the file and delivered to the juvenile court.

(2) If, at the expiration of the initial period of retention set forth in division (B)(1) of this section, a complaint, INDICTMENT, OR INFORMATION is pending against the child in relation to the act for which the fingerprints and photographs originally were obtained or the child either has been adjudicated a delinquent child for the commission of an act other than an act described in division (B)(3) of this section or has been convicted of or pleaded guilty to a criminal offense for the commission of an act other than an act described in division (B)(3) of this section subsequent to transfer of the child's case, the fingerprints and photographs of the child, copies of the fingerprints and photographs, and the records of the arrest or custody of the child that was the basis of the taking of the fingerprints and photographs may further be retained, subject to division (B)(4) of this section, until the earlier of the expiration of two years after the date on which the fingerprints or photographs were taken or the child attains eighteen years of age, except that, if the child is adjudicated a delinquent child for the commission of an act described in division (B)(3) of this section or is convicted of or pleads guilty to a criminal offense for the commission of an act described in division (B)(3) of this section, the fingerprints and photographs, and the records of the arrest or custody of the child that was the basis for the taking of the fingerprints and photographs, shall be retained in accordance with division (B)(3) of this section.

Except as otherwise provided in division (B)(3) of this section, during this additional period of retention, the fingerprints and photographs of a child, copies of the fingerprints and photographs of a child, and records of the arrest or custody of a child shall be used or released only in accordance with division (C) of this section. At the expiration of the additional period, if no complaint, INDICTMENT, OR INFORMATION is pending against the child in relation to the act for which the fingerprints originally were obtained or taken or in relation to another act for which the fingerprints were used as authorized by division (C) of this section and that would be a felony if committed by an adult, the fingerprints of the child, all copies of the fingerprints, and all records of the arrest or custody of the child that was the basis of the taking of the fingerprints shall be removed from the file and delivered to the juvenile court, and, if no complaint, INDICTMENT, OR INFORMATION is pending against the child concerning the act for which the photographs originally were obtained or taken or concerning an act that would be a felony if committed by an adult, the photographs and all copies of the photographs, and, if no fingerprints were taken at the time the photographs were taken, all records of the arrest or custody that was the basis of the taking of the photographs shall be removed from the file and delivered to the juvenile court. In either case, if, at the expiration of the applicable additional period, such a complaint, INDICTMENT, OR INFORMATION is pending against the child, the photographs and copies of the photographs of the child, or the fingerprints and copies of the fingerprints of the child, whichever is applicable, and the records of the arrest or custody of the child may be retained, subject to division (B)(4) of this section, until final disposition of the complaint, INDICTMENT, OR INFORMATION, and, upon final disposition of the complaint, INDICTMENT, OR INFORMATION, they shall be removed from the file and delivered to the juvenile court, except that, if the child is adjudicated a delinquent child for the commission of an act described in division (B)(3) of this section or is convicted of or pleads guilty to a criminal offense for the commission of an act described in division (B)(3) of this section, the fingerprints and photographs, and the records of the arrest or custody of the child that was the basis for the taking of the fingerprints and photographs, shall be retained in accordance with division (B)(3) of this section.

(3) If a child is adjudicated a delinquent child for violating section 2923.42 of the Revised Code or for committing an act that would be a misdemeanor offense of violence if committed by an adult, or is convicted of or pleads guilty to a violation of section 2923.42 of the Revised Code, a misdemeanor offense of violence, or a violation of an existing or former municipal ordinance or law of this state, another state, or the United States that is substantially equivalent to section 2923.42 of the Revised Code or any misdemeanor offense of violence, both of the following apply:

(a) Originals and copies of fingerprints and photographs of the child obtained or taken under division (A)(1) of this section, and any records of the arrest or custody that was the basis for the taking of the fingerprints or photographs, may be retained for the period of time specified by the juvenile judge in that judge's grant of consent for the taking of the fingerprints or photographs. Upon the expiration of the specified period, all originals and copies of the fingerprints, photographs, and records shall be delivered to the juvenile court or otherwise disposed of in accordance with any instructions specified by the juvenile judge in that judge's grant of consent. During the period of retention of the photographs and records, all originals and copies of them shall be retained in a file separate and apart from all photographs taken of adults. During the period of retention of the fingerprints, all originals and copies of them may be maintained in the files of fingerprints taken of adults. If the juvenile judge who grants consent for the taking of fingerprints and photographs under division (A)(1) of this section does not specify a period of retention in that judge's grant of consent, originals and copies of the fingerprints, photographs, and records may be retained in accordance with this section as if the fingerprints and photographs had been taken under division (A)(2) of this section.

(b) Originals and copies of fingerprints and photographs taken under division (A)(2) of this section, and any records of the arrest or custody that was the basis for the taking of the fingerprints or photographs, may be retained for the period of time and in the manner specified in division (B)(3)(b) of this section. Prior to the child's attainment of eighteen years of age, all originals and copies of the photographs and records shall be retained and shall be kept in a file separate and apart from all photographs taken of adults. During the period of retention of the fingerprints, all originals and copies of them may be maintained in the files of fingerprints taken of adults. Upon the child's attainment of eighteen years of age, all originals and copies of the fingerprints, photographs, and records shall be disposed of as follows:

(i) If the juvenile judge issues or previously has issued an order that specifies a manner of disposition of the originals and copies of the fingerprints, photographs, and records, they shall be delivered to the juvenile court or otherwise disposed of in accordance with the order.

(ii) If the juvenile judge does not issue and has not previously issued an order that specifies a manner of disposition of the originals and copies of the fingerprints not maintained in adult files, photographs, and records, the law enforcement agency, in its discretion, either shall remove all originals and copies of them from the file in which they had been maintained and transfer them to the files that are used for the retention of fingerprints and photographs taken of adults who are arrested for, otherwise taken into custody for, or under investigation for the commission of a criminal offense or shall remove them from the file in which they had been maintained and deliver them to the juvenile court. If the originals and copies of any fingerprints of a child who attains eighteen years of age are maintained in the files of fingerprints taken of adults or if pursuant to division (B)(3)(b)(ii) of this section the agency transfers the originals and copies of any fingerprints not maintained in adult files, photographs, or records to the files that are used for the retention of fingerprints and photographs taken of adults who are arrested for, otherwise taken into custody for, or under investigation for the commission of a criminal offense, the originals and copies of the fingerprints, photographs, and records may be maintained, used, and released after they are maintained in the adult files or after the transfer as if the fingerprints and photographs had been taken of, and as if the records pertained to, an adult who was arrested for, otherwise taken into custody for, or under investigation for the commission of a criminal offense.

(4) If a sealing or expungement order issued under section 2151.358 of the Revised Code requires the sealing or destruction of any fingerprints or photographs of a child obtained or taken under division (A)(1) or (2) of this section or of the records of an arrest or custody of a child that was the basis of the taking of the fingerprints or photographs prior to the expiration of any period for which they otherwise could be retained under division (B)(1), (2), or (3) of this section, the fingerprints, photographs, and arrest or custody records that are subject to the order and all copies of the fingerprints, photographs, and arrest or custody records shall be sealed or destroyed in accordance with the order.

(5) All fingerprints of a child, photographs of a child, records of an arrest or custody of a child, and copies delivered to a juvenile court in accordance with division (B)(1), (2), or (3) of this section shall be destroyed by the court, provided that, if a complaint is filed against the child in relation to any act to which the records pertain, the court shall maintain all records of an arrest or custody of a child so delivered for at least three years after the final disposition of the case or after the case becomes inactive.

(6)(a) All photographs of a child and records of an arrest or custody of a child retained pursuant to division (B) of this section and not delivered to a juvenile court shall be kept in a file separate and apart from fingerprints, photographs, and records of an arrest or custody of an adult. All fingerprints of a child retained pursuant to division (B) of this section and not delivered to a juvenile court may be maintained in the files of fingerprints taken of adults.

(b) If a child who is the subject of photographs or fingerprints is adjudicated a delinquent child for the commission of an act that would be an offense, other than a traffic offense or a minor misdemeanor, if committed by an adult or is convicted of or pleads guilty to a criminal offense, other than a traffic offense or a minor misdemeanor, all fingerprints not maintained in the files of fingerprints taken of adults and all photographs of the child, and all records of the arrest or custody of the child that is the basis of the taking of the fingerprints or photographs, that are retained pursuant to division (B) of this section and not delivered to a juvenile court shall be kept in a file separate and apart from fingerprints, photographs, and arrest and custody records of children who have not been adjudicated a delinquent child for the commission of an act that would be an offense, other than a traffic offense or a minor misdemeanor, if committed by an adult and have not been convicted of or pleaded guilty to a criminal offense other than a traffic offense or a minor misdemeanor.

(C) Until they are delivered to the juvenile court or sealed, transferred in accordance with division (B)(3)(b) of this section, or destroyed pursuant to a sealing or expungement order, the originals and copies of fingerprints and photographs of a child that are obtained or taken pursuant to division (A)(1) or (2) of this section, and the records of the arrest or custody of the child that was the basis of the taking of the fingerprints or photographs, shall be used or released only as follows:

(1) During the initial thirty-day period of retention, originals and copies of fingerprints and photographs of a child, and records of the arrest or custody of a child, shall be used, prior to the filing of a complaint OR INFORMATION against OR THE OBTAINING OF AN INDICTMENT OF the child in relation to the act for which the fingerprints and photographs were originally obtained or taken, only for the investigation of that act and shall be released, prior to the filing of the complaint, only to a court that would have jurisdiction of the child's case under this chapter. Subsequent to the filing of a complaint OR INFORMATION OR THE OBTAINING OF AN INDICTMENT, originals and copies of fingerprints and photographs of a child, and records of the arrest or custody of a child, shall be used or released during the initial thirty-day period of retention only as provided in division (C)(2)(a), (b), or (c) of this section.

(2) Originals and copies of fingerprints and photographs of a child, and records of the arrest or custody of a child, that are retained beyond the initial thirty-day period of retention subsequent to the filing of a complaint OR INFORMATION OR THE OBTAINING OF AN INDICTMENT, a delinquent child adjudication, or a conviction of or guilty plea to a criminal offense shall be used or released only as follows:

(a) Originals and copies of photographs of a child, and, if no fingerprints were taken at the time the photographs were taken, records of the arrest or custody of the child that was the basis of the taking of the photographs, may be used only as follows:

(i) They may be used for the investigation of the act for which they originally were obtained or taken; if the child who is the subject of the photographs is a suspect in the investigation, for the investigation of any act that would be an offense if committed by an adult; and for arresting or bringing the child into custody.

(ii) If the child who is the subject of the photographs is adjudicated a delinquent child for the commission of an act that would be a felony if committed by an adult or is convicted of or pleads guilty to a criminal offense that is a felony as a result of the arrest or custody that was the basis of the taking of the photographs, a law enforcement officer may use the photographs for a photo line-up conducted as part of the investigation of any act that would be a felony if committed by an adult, whether or not the child who is the subject of the photographs is a suspect in the investigation.

(b) Originals and copies of fingerprints of a child, and records of the arrest or custody of the child that was the basis of the taking of the fingerprints, may be used only for the investigation of the act for which they originally were obtained or taken; if a child is a suspect in the investigation, for the investigation of another act that would be an offense if committed by an adult; and for arresting or bringing the child into custody.

(c) Originals and copies of fingerprints, photographs, and records of the arrest or custody that was the basis of the taking of the fingerprints or photographs shall be released only to the following:

(i) Law enforcement officers of this state or a political subdivision of this state, upon notification to the juvenile court of the name and address of the law enforcement officer or agency to whom or to which they will be released;

(ii) A court that has jurisdiction of the child's case under Chapter CHAPTERS 2151. AND 2152. of the Revised Code or subsequent to a transfer of the child's case for criminal prosecution pursuant to section 2151.26 2152.12 of the Revised Code.

(D) No person shall knowingly do any of the following:

(1) Fingerprint or photograph a child in the investigation of any violation of law other than as provided in division (A)(1) or (2) of this section or in sections 109.57, 109.60, and 109.61 of the Revised Code;

(2) Retain fingerprints or photographs of a child obtained or taken under division (A)(1) or (2) of this section, copies of fingerprints or photographs of that nature, or records of the arrest or custody that was the basis of the taking of fingerprints or photographs of that nature other than in accordance with division (B) of this section;

(3) Use or release fingerprints or photographs of a child obtained or taken under division (A)(1) or (2) of this section, copies of fingerprints or photographs of that nature, or records of the arrest or custody that was the basis of the taking of fingerprints or photographs of that nature other than in accordance with division (B) or (C) of this section.

Sec. 2151.314. (A) When a child is brought before the court or delivered to a place of detention or shelter care designated by the court, the intake or other authorized officer of the court shall immediately make an investigation and shall release the child unless it appears that the child's detention or shelter care is warranted or required under section 2151.31 of the Revised Code.

If the child is not so released, a complaint under section 2151.27 OR 2152.021 OR AN INFORMATION UNDER SECTION 2152.13 of the Revised Code shall be filed OR AN INDICTMENT UNDER DIVISION (C) OF SECTION 2152.13 of the Revised Code SHALL BE SOUGHT and an informal detention or shelter care hearing held promptly, not later than seventy-two hours after the child is placed in detention or shelter care, to determine whether detention or shelter care is required. Reasonable oral or written notice of the time, place, and purpose of the detention or shelter care hearing shall be given to the child and, if they can be found, to the child's parents, guardian, or custodian. In cases in which the complaint alleges a child to be an abused, neglected, or dependent child, the notice given the parents, guardian, or custodian shall inform them that a case plan may be prepared for the child, the general requirements usually contained in case plans, and the possible consequences of the failure to comply with a journalized case plan.

Prior to the hearing, the court shall inform the parties of their right to counsel and to appointed counsel or to the services of the county public defender or joint county public defender, if they are indigent, of the child's right to remain silent with respect to any allegation of delinquency, and of the name and telephone number of a court employee who can be contacted during the normal business hours of the court to arrange for the prompt appointment of counsel for any party who is indigent. Unless it appears from the hearing that the child's detention or shelter care is required under the provisions of section 2151.31 of the Revised Code, the court shall order the child's release as provided by section 2151.311 of the Revised Code. If a parent, guardian, or custodian has not been so notified and did not appear or waive appearance at the hearing, upon the filing of an affidavit stating these facts, the court shall rehear the matter without unnecessary delay.

(B) When the court conducts a hearing pursuant to division (A) of this section, all of the following apply:

(1) The court shall determine whether an alleged abused, neglected, or dependent child should remain or be placed in shelter care;

(2) The court shall determine whether there are any relatives of the child who are willing to be temporary custodians of the child. If any relative is willing to be a temporary custodian, the child would otherwise be placed or retained in shelter care, and the appointment is appropriate, the court shall appoint the relative as temporary custodian of the child, unless the court appoints another relative as temporary custodian. If it determines that the appointment of a relative as custodian would not be appropriate, it shall issue a written opinion setting forth the reasons for its determination and give a copy of the opinion to all parties and to the guardian ad litem of the child.

The court's consideration of a relative for appointment as a temporary custodian does not make that relative a party to the proceedings.

(3) The court shall comply with section 2151.419 of the Revised Code.

(C) If a child is in shelter care following the filing of a complaint pursuant to section 2151.27 OR 2152.021 of the Revised Code, THE FILING OF AN INFORMATION, OR THE OBTAINING OF AN INDICTMENT or following a hearing held pursuant to division (A) of this section, any party, including the public children services agency, and the guardian ad litem of the child may file a motion with the court requesting that the child be released from shelter care. The motion shall state the reasons why the child should be released from shelter care and, if a hearing has been held pursuant to division (A) of this section, any changes in the situation of the child or the parents, guardian, or custodian of the child that have occurred since that hearing and that justify the release of the child from shelter care. Upon the filing of the motion, the court shall hold a hearing in the same manner as under division (A) of this section.

(D) Each juvenile court shall designate AT LEAST one court employee to assist persons who are indigent in obtaining appointed counsel. The court shall include in each notice given pursuant to division (A) or (C) of this section and in each summons served upon a party pursuant to this chapter, the name and telephone number at which the EACH designated employee can be contacted during the normal business hours of the court to arrange for prompt appointment of counsel for indigent persons.

Sec. 2151.35. (A)(1) The 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. In the hearing of any case, 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 be excluded and only ADMIT TO A PARTICULAR HEARING OR ALL OF THE HEARINGS RELATING TO A PARTICULAR CASE those persons admitted 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 at the adjudicatory hearing finds from clear and convincing evidence that the child is an abused, neglected, or dependent child, the court shall proceed, in accordance with division (B) of this section, to hold a dispositional hearing and hear the evidence as to the proper disposition to be made under section 2151.353 of the Revised Code. If the court at the adjudicatory hearing finds beyond a reasonable doubt that the child is a delinquent or unruly child or a juvenile traffic offender, the court shall proceed immediately, or at a postponed hearing, to hear the evidence as to the proper disposition to be made under sections 2151.352 to 2151.355 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)(24)(6)(a) of section 2151.355 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)(24)(6)(b) of section 2151.355 2152.19 of the Revised Code.

If the court does not find the child to be an abused, neglected, dependent, delinquent, or unruly child or a juvenile traffic offender, it shall order that the complaint 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. 2151.352. A child, his OR THE CHILD'S parents, custodian, or other person in loco parentis of such child is entitled to representation by legal counsel at all stages of the proceedings UNDER THIS CHAPTER OR CHAPTER 2152. of the Revised Code and if, as an indigent person, he ANY SUCH PERSON is unable to employ counsel, to have counsel provided for him THE PERSON pursuant to Chapter 120. of the Revised Code. If a party appears without counsel, the court shall ascertain whether he THE PARTY knows of his THE PARTY'S right to counsel and of his THE PARTY'S right to be provided with counsel if he THE PARTY is an indigent person. The court may continue the case to enable a party to obtain counsel or to be represented by the county public defender or the joint county public defender and shall provide counsel upon request pursuant to Chapter 120. of the Revised Code. Counsel must be provided for a child not represented by his THE CHILD'S parent, guardian, or custodian. If the interests of two or more such parties conflict, separate counsel shall be provided for each of them.

Section 2935.14 of the Revised Code applies to any child taken into custody. The parents, custodian, or guardian of such child, and any attorney at law representing them or the child, shall be entitled to visit such child at any reasonable time, be present at any hearing involving the child, and be given reasonable notice of such hearing.

Any report or part thereof concerning such child, which is used in the hearing and is pertinent thereto, shall for good cause shown be made available to any attorney at law representing such child and to any attorney at law representing the parents, custodian, or guardian of such child, upon written request prior to any hearing involving such child.

Sec. 2151.354. (A) If the child is adjudicated an unruly child, the court may:

(1) Make any of the dispositions authorized under section 2151.353 of the Revised Code;

(2) Place the child on probation COMMUNITY CONTROL under any SANCTIONS, SERVICES, AND conditions that the court prescribes, AS DESCRIBED IN DIVISION (A)(3) OF SECTION 2152.19 of the Revised Code;

(3) Suspend or revoke the driver's license, probationary driver's license, or temporary instruction permit issued to the child and suspend or revoke the registration of all motor vehicles registered in the name of the child. A child whose license or permit is so suspended or revoked is ineligible for issuance of a license or permit during the period of suspension or revocation. At the end of the period of suspension or revocation, the child shall not be reissued a license or permit until the child has paid any applicable reinstatement fee and complied with all requirements governing license reinstatement.

(4) Commit the child to the temporary or permanent custody of the court;

(5) If, after making a disposition under division (A)(1), (2), or (3) of this section, the court finds upon further hearing that the child is not amenable to treatment or rehabilitation under that disposition, make a disposition otherwise authorized under divisions (A)(1), (2) (3), (4), and (A)(8) to (12)(7) of section 2151.355 2152.19 of the Revised Code, except that the child may not be committed to or placed in a secure correctional facility, and commitment to or placement in a detention home FACILITY may not exceed twenty-four hours unless authorized by division (C)(B)(3) of section 2151.312 or sections 2151.56 to 2151.61 of the Revised Code.

(B) If a child is adjudicated an unruly child for committing any act that, if committed by an adult, would be a drug abuse offense, as defined in section 2925.01 of the Revised Code, or a violation of division (B) of section 2917.11 of the Revised Code, then, in addition to imposing, in its discretion, any other order of disposition authorized by this section, the court shall do both of the following:

(1) Require the child to participate in a drug abuse or alcohol abuse counseling program;

(2) Suspend or revoke the temporary instruction permit, probationary driver's license, or driver's license issued to the child for a period of time prescribed by the court or, at the discretion of the court, until the child attends and satisfactorily completes a drug abuse or alcohol abuse education, intervention, or treatment program specified by the court. During the time the child is attending the program, the court shall retain any temporary instruction permit, probationary driver's license, or driver's license issued to the child and shall return the permit or license when the child satisfactorily completes the program.

(C)(1) If a child is adjudicated an unruly child for being an habitual truant, in addition to or in lieu of imposing any other order of disposition authorized by this section, the court may do any of the following:

(a) Order the board of education of the child's school district or the governing board of the educational service center in the child's school district to require the child to attend an alternative school if an alternative school has been established pursuant to section 3313.533 of the Revised Code in the school district in which the child is entitled to attend school;

(b) Require the child to participate in any academic program or community service program;

(c) Require the child to participate in a drug abuse or alcohol abuse counseling program;

(d) Require that the child receive appropriate medical or psychological treatment or counseling;

(e) Make any other order that the court finds proper to address the child's habitual truancy, 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. 2151.357. In the manner prescribed by division (C)(2) of section 3313.64 of the Revised Code, the court, at the time of making any order that removes a child from the child's own home or that vests legal or permanent custody of the child in a person other than the child's parent or a government agency, shall determine the school district that is to bear the cost of educating the child. The court shall make the determination a part of the order that provides for the child's placement or commitment.

Whenever a child is placed in a detention home FACILITY established under section 2151.34 2152.41 of the Revised Code or a juvenile facility established under section 2151.65 of the Revised Code, the child's school district as determined by the court shall pay the cost of educating the child based on the per capita cost of the educational facility within the detention home or juvenile facility.

Whenever a child is placed by the court in a private institution, school, or residential treatment center or any other private facility, the state shall pay to the court a subsidy to help defray the expense of educating the child in an amount equal to the product of the daily per capita educational cost of the private facility, as determined pursuant to this section, and the number of days the child resides at the private facility, provided that the subsidy shall not exceed twenty-five hundred dollars per year per child. The daily per capita educational cost of a private facility shall be determined by dividing the actual program cost of the private facility or twenty-five hundred dollars, whichever is less, by three hundred sixty-five days or by three hundred sixty-six days for years that include February twenty-ninth. The state shall pay seventy-five per cent of the total subsidy for each year quarterly to the court. The state may adjust the remaining twenty-five per cent of the total subsidy to be paid to the court for each year to an amount that is less than twenty-five per cent of the total subsidy for that year based upon the availability of funds appropriated to the department of education for the purpose of subsidizing courts that place a child in a private institution, school, or residential treatment center or any other private facility and shall pay that adjusted amount to the court at the end of the year.

Sec. 2151.358. (A) As used in this section, "seal a record" means to remove a record from the main file of similar records and to secure it in a separate file that contains only sealed records and that is accessible only to the juvenile court. A record that is sealed shall be destroyed by all persons and governmental bodies except the juvenile court.

(B) The department of youth services and any other institution or facility that unconditionally discharges a person who has been adjudicated a delinquent child, an unruly child, or a juvenile traffic offender shall immediately give notice of the discharge to the court that committed the person. The court shall note the date of discharge on a separate record of discharges of those natures.

(C)(1)(a) Two years after the termination of any order made by the court or two years after the unconditional discharge of a person from the department of youth services or another institution or facility to which the person may have been committed, the court that issued the order or committed the person shall do whichever of the following is applicable:

(i) If the person was adjudicated an unruly child, order the record of the person sealed;

(ii) If the person was adjudicated a delinquent child for committing an act other than a violation of section 2903.01, 2903.02, 2907.02, 2907.03, or 2907.05 of the Revised Code or was adjudicated a juvenile traffic offender, either order the record of the person sealed or send the person notice of the person's right to have that record sealed.

(b) Division (C)(1)(a) of this section does not apply regarding a person who was adjudicated a delinquent child for committing a violation of section 2903.01, 2903.02, 2907.02, 2907.03, or 2907.05 of the Revised Code.

(2) The court shall send the notice described in division (C)(1)(a)(ii) of this section within ninety days after the expiration of the two-year period described in division (C)(1)(a) of this section by certified mail, return receipt requested, to the person's last known address. The notice shall state that the person may apply to the court for an order to seal the person's record, explain what sealing a record means, and explain the possible consequences of not having the person's record sealed.

(D)(1) At any time after the two-year period described in division (C)(1)(a) of this section has elapsed, any person who has been adjudicated a delinquent child for committing an act other than a violation of section 2903.01, 2903.02, 2907.02, 2907.03, or 2907.05 of the Revised Code or who has been adjudicated a juvenile traffic offender may apply to the court for an order to seal the person's record. The court shall hold a hearing on each application within sixty days after the application is received. Notice of the hearing on the application shall be given to the prosecuting attorney and to any other public office or agency known to have a record of the prior adjudication. If the court finds that the rehabilitation of the person who was adjudicated a delinquent child or a juvenile traffic offender has been attained to a satisfactory degree, the court may order the record of the person sealed.

(2) Division (D)(1) of this section does not apply regarding a person who was adjudicated a delinquent child for committing a violation of section 2903.01, 2903.02, 2907.02, 2907.03, or 2907.05 of the Revised Code.

(E)(1) If the court orders the adjudication record of a person sealed pursuant to division (C) or (D) of this section, the court, except as provided in division (K) of this section, shall order that the proceedings in the case in which the person was adjudicated a juvenile traffic offender, a delinquent child, or an unruly child be deemed never to have occurred. Except as provided in division (G)(2) of this section, all index references to the case and the person shall be deleted, and the person and the court properly may reply that no record exists with respect to the person upon any inquiry in the matter.

(2) Inspection of records that have been ordered sealed under division (E)(1) of this section may be made only by the following persons or for the following purposes:

(a) If the records in question pertain to an act that would be an offense of violence that would be a felony if committed by an adult, by any law enforcement officer or any prosecutor, or the assistants of a law enforcement officer or prosecutor, for any valid law enforcement or prosecutorial purpose;

(b) Upon application by the person who is the subject of the sealed records, by the persons that are named in that application.

(F) Any person who has been arrested and charged with being a delinquent child or a juvenile traffic offender and who is adjudicated not guilty of the charges in the case or has the charges in the case dismissed may apply to the court for an expungement of the record in the case. The application may be filed at any time after the person is adjudicated not guilty or the charges against the person are dismissed. The court shall give notice to the prosecuting attorney of any hearing on the application. The court may initiate the expungement proceedings on its own motion.

Any person who has been arrested and charged with being an unruly child and who is adjudicated not guilty of the charges in the case or has the charges in the case dismissed may apply to the court for an expungement of the record in the case. The court shall initiate the expungement proceedings on its own motion if an application for expungement is not filed.

If the court upon receipt of an application for expungement or upon its own motion determines that the charges against any person in any case were dismissed or that any person was adjudicated not guilty in any case, the court shall order that the records of the case be expunged and that the proceedings in the case be deemed never to have occurred. If the applicant for the expungement order, with the written consent of the applicant's parents or guardian if the applicant is a minor and with the written approval of the court, waives in writing the applicant's right to bring any civil action based on the arrest for which the expungement order is applied, the court shall order the appropriate persons and governmental agencies to delete all index references to the case; destroy or delete all court records of the case; destroy all copies of any pictures and fingerprints taken of the person pursuant to the expunged arrest; and destroy, erase, or delete any reference to the arrest that is maintained by the state or any political subdivision of the state, except a record of the arrest that is maintained for compiling statistical data and that does not contain any reference to the person.

If the applicant for an expungement order does not waive in writing the right to bring any civil action based on the arrest for which the expungement order is applied, the court, in addition to ordering the deletion, destruction, or erasure of all index references and court records of the case and of all references to the arrest that are maintained by the state or any political subdivision of the state, shall order that a copy of all records of the case, except fingerprints held by the court or a law enforcement agency, be delivered to the court. The court shall seal all of the records delivered to the court in a separate file in which only sealed records are maintained. The sealed records shall be kept by the court until the statute of limitations expires for any civil action based on the arrest, any pending litigation based on the arrest is terminated, or the applicant files a written waiver of the right to bring a civil action based on the arrest. After the expiration of the statute of limitations, the termination of the pending litigation, or the filing of the waiver, the court shall destroy the sealed records.

After the expungement order has been issued, the court shall, and the person may properly, reply that no record of the case with respect to the person exists.

(G)(1) The court shall send notice of the order to expunge or seal to any public office or agency that the court has reason to believe may have a record of the expunged or sealed record. Except as provided in division (K) of this section, an order to seal or expunge under this section applies to every public office or agency that has a record of the prior adjudication or arrest, regardless of whether it receives notice of the hearing on the expungement or sealing of the record or a copy of the order to expunge or seal the record. Except as provided in division (K) of this section, upon the written request of a person whose record has been expunged and the presentation of a copy of the order to expunge, a public office or agency shall destroy its record of the prior adjudication or arrest, except a record of the adjudication or arrest that is maintained for compiling statistical data and that does not contain any reference to the person who is the subject of the order to expunge.

(2) The person, or the public office or agency, that maintains sealed records pertaining to an adjudication of a child as a delinquent child may maintain a manual or computerized index to the sealed records. The index shall contain only the name of, and alphanumeric identifiers that relate to, the persons who are the subject of the sealed records, the word "sealed," and the name of the person, or the public office or agency that has custody of the sealed records and shall not contain the name of the delinquent act committed. The person who has custody of the sealed records shall make the index available only for the purposes set forth in divisions (E)(2) and (H) of this section.

(H) The judgment rendered by the court under this chapter shall not impose any of the civil disabilities ordinarily imposed by conviction of a crime in that the child is not a criminal by reason of the adjudication and no child shall be charged with or convicted of a crime in any court except as provided by this chapter. The disposition of a child under the judgment rendered or any evidence given in court shall not operate to disqualify a child in any future civil service examination, appointment, or application. Evidence of a judgment rendered and the disposition of a child under the judgment is not admissible to impeach the credibility of the child in any action or proceeding. Otherwise, the disposition of a child under the judgment rendered or any evidence given in court is admissible as evidence for or against the child in any action or proceeding in any court in accordance with the Rules of Evidence and also may be considered by any court as to the matter of sentence or to the granting of probation, and a court may consider the judgment rendered and the disposition of a child under that judgment for purposes of determining whether the child, for a future criminal conviction or guilty plea, is a repeat violent offender, as defined in section 2929.01 of the Revised Code.

(I) In any application for employment, license, or other right or privilege, any appearance as a witness, or any other inquiry, a person may not be questioned with respect to any arrest for which the records were expunged. If an inquiry is made in violation of this division, the person may respond as if the expunged arrest did not occur, and the person shall not be subject to any adverse action because of the arrest or the response.

(J) An officer or employee of the state or any of its political subdivisions who knowingly releases, disseminates, or makes available for any purpose involving employment, bonding, licensing, or education to any person or to any department, agency, or other instrumentality of the state or of any of its political subdivisions any information or other data concerning any arrest, complaint, INDICTMENT, INFORMATION, trial, hearing, adjudication, or correctional supervision, the records of which have been expunged or sealed pursuant to this section and the release, dissemination, or making available of which is not expressly permitted by this section, is guilty of divulging confidential information, a misdemeanor of the fourth degree.

(K) Notwithstanding any provision of this section that requires otherwise, a board of education of a city, local, exempted village, or joint vocational school district that maintains records of an individual who has been permanently excluded under sections 3301.121 and 3313.662 of the Revised Code is permitted to maintain records regarding an adjudication that the individual is a delinquent child that was used as the basis for the individual's permanent exclusion, regardless of a court order to seal the record. An order issued under this section to seal the record of an adjudication that an individual is a delinquent child does not revoke the adjudication order of the superintendent of public instruction to permanently exclude the individual who is the subject of the sealing order. An order issued under this section to seal the record of an adjudication that an individual is a delinquent child may be presented to a district superintendent as evidence to support the contention that the superintendent should recommend that the permanent exclusion of the individual who is the subject of the sealing order be revoked. Except as otherwise authorized by this division and sections 3301.121 and 3313.662 of the Revised Code, any school employee in possession of or having access to the sealed adjudication records of an individual that were the basis of a permanent exclusion of the individual is subject to division (J) of this section.

Sec. 2151.359. (A)(1) In any proceeding in which a child has been adjudicated a delinquent, 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 both THAT AN ORDER OF THAT TYPE IS NECESSARY TO DO EITHER of the following:

(a) An order of that nature is necessary to control CONTROL any conduct or relationship that will be detrimental or harmful to the child.

(b) That 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)(24)(6)(b) of section 2151.355 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. 2151.3510. Before a juvenile court issues an order of disposition pursuant to division (A)(1) of section 2151.354 or 2151.355 2152.19 of the Revised Code committing an unruly or delinquent child to the custody of a public children services agency, it shall give the agency notice in the manner prescribed by the Juvenile Rules of the intended dispositional order.

Sec. 2151.36. When a child has been committed as provided by this chapter OR CHAPTER 2152. of the Revised Code, the juvenile court shall issue an order pursuant to sections 3113.21 to 3113.219 of the Revised Code requiring that the parent, guardian, or person charged with the child's support pay for the care, support, maintenance, and education of the child. The juvenile court shall order that the parents, guardian, or person pay for the expenses involved in providing orthopedic, medical, or surgical treatment for, or for special care of, the child, enter a judgment for the amount due, and enforce the judgment by execution as in the court of common pleas.

Any expenses incurred for the care, support, maintenance, education, orthopedic, medical, or surgical treatment, and special care of a child who has a legal settlement in another county shall be at the expense of the county of legal settlement if the consent of the juvenile judge of the county of legal settlement is first obtained. When the consent is obtained, the board of county commissioners of the county in which the child has a legal settlement shall reimburse the committing court for the expenses out of its general fund. If the department of job and family services considers it to be in the best interest of any delinquent, dependent, unruly, abused, or neglected child who has a legal settlement in a foreign state or country that the child be returned to the state or country of legal settlement, the juvenile court may commit the child to the department for the child's return to that state or country.

Any expenses ordered by the court for the care, support, maintenance, education, orthopedic, medical, or surgical treatment, or special care of a dependent, neglected, abused, unruly, or delinquent child or of a juvenile traffic offender under this chapter OR CHAPTER 2152. of the Revised Code, except the part of the expense that may be paid by the state or federal government or paid by the parents, guardians, or person charged with the child's support pursuant to this section, shall be paid from the county treasury upon specifically itemized vouchers, certified to by the judge. The court shall not be responsible for any expenses resulting from the commitment of children to any home, public children services agency, private child placing agency, or other institution, association, or agency, unless the court authorized the expenses at the time of commitment.

Sec. 2151.38. (A) When a child is committed to the legal custody of the department of youth services, the jurisdiction of the juvenile court with respect to the child so committed shall cease and terminate at the time of commitment, except as provided in divisions (B), (C), and (G) of this section. Subject to divisions (B) and (C) of this section, sections 2151.353 and 2151.411 2151.412 to 2151.421 of the Revised Code, and any other provision of law that specifies a different duration for a dispositional order, all other dispositional orders made by the court UNDER THIS CHAPTER shall be temporary and shall continue for a period that is designated by the court in its order, until terminated or modified by the court or until the child attains twenty-one years of age.

The release authority of the department OF YOUTH SERVICES shall not release the child from institutional care or institutional care in a secure facility and as a result shall not discharge the child or order the child's release on supervised release prior to the expiration of the prescribed minimum period of institutionalization or institutionalization in a secure facility or prior to the child's attainment of twenty-one years of age, whichever is applicable under the order of commitment, except upon the order of a court pursuant to division (B) or (C) of this section or in accordance with section 5139.54 of the Revised Code.

(B)(1) If the department of youth services desires to release a child during the first half of the prescribed minimum term for which the child was committed to the department or, if the child was committed to the department until the child attains twenty-one years of age, during the first half of the prescribed period of commitment that begins on the first day of commitment and ends on the child's twenty-first birthday, it shall request the court that committed the child to the department for a judicial release of the child from institutional care or institutional care in a secure facility. During the first half of that prescribed minimum term or of that prescribed period of commitment, whichever of those periods is applicable, the child or the parents of the child also may request that court to grant a judicial release of the child from institutional care or institutional care in a secure facility. Upon receipt of a request for a judicial release from the department, the child, or the child's parent or upon its own motion, the court that committed the child shall approve the judicial release from institutional care or institutional care in a secure facility by journal entry, shall schedule within twenty days after the request is received a time for a hearing on whether the child is to be released under a judicial release, or shall reject the request by journal entry without conducting a hearing. If the court rejects an initial request for a judicial release by the child or the child's parent, the child or the child's parent may make one additional request for a judicial release within the first half of the applicable prescribed minimum term or prescribed period of commitment. The child or the child's parent may make the additional request no earlier than thirty days after the filing of the prior request for a judicial release. Upon the filing by the child or the child's parent of a second request for a judicial release, the court shall either approve or disapprove the judicial release by journal entry or schedule within twenty days after the request is received a time for a hearing on whether the child is to be released under a judicial release.

(2) If a court schedules a hearing under division (B)(1) of this section to determine whether a child should be granted a judicial release, the court shall give notice of the hearing to the prosecutor involved in the case. In accordance with section 2930.16 of the Revised Code and if the victim has requested notification, the prosecutor shall give notice of the hearing to the victim of the delinquent act for which the child's commitment to the legal custody of the department was imposed. The court may order the department to deliver the child to the court on the date set for the hearing and may order the department to present to the court a report on the child's progress in the institution to which the child was committed and recommendations for terms and conditions of supervision of the child by the court after release. The court may conduct the hearing without the child being present. The court shall consider any statement of a victim made pursuant to section 2930.14 or 2930.17 of the Revised Code and any victim impact statement prepared pursuant to section 2151.355 of the Revised Code. The court shall determine at the hearing whether the child should be granted a judicial release from institutionalization or institutionalization in a secure facility. After making a determination, the court shall notify the victim of the determination in accordance with sections 2930.03 and 2930.16 of the Revised Code. If the court approves the judicial release, the court shall order its staff to prepare a written treatment and rehabilitation plan for the child that may include any terms and conditions of the child's release that were recommended by the department and approved by the court. The committing court shall send the juvenile court of the county in which the child is placed a copy of the recommended plan and the terms and conditions set by the committing court. The court of the county in which the child is placed may adopt the recommended terms and conditions set by the committing court as an order of the court and may add any additional consistent terms and conditions it considers appropriate. If a child is granted a judicial release, the judicial release discharges the child from the custody of the department of youth services.

(C)(1) If a child is committed to the department of youth services and has been in institutional care or institutional care in a secure facility for more than one-half of the prescribed minimum term for which the child was committed or, if the child was committed to the department until the child attains twenty-one years of age, for more than one-half of the prescribed period of commitment that begins on the first day of commitment and ends on the child's twenty-first birthday, if the prescribed minimum period of institutionalization or other statutorily required period of institutionalization has not expired, and if the department of youth services desires to release the child from institutional care or institutional care in a secure facility, it shall request the court that committed the child for an early release from institutional care or institutional care in a secure facility.

During the applicable period commencing upon the expiration of the first half of that prescribed minimum term or prescribed period of commitment and ending upon the expiration of the required minimum or other period of institutionalization or institutionalization in a secure facility, the child or the child's parent also may request the court that committed the child to grant an early release. Upon the receipt of a request from the department, the child, or the child's parent or upon its own motion at any time during that period, the court shall approve the early release by journal entry, shall schedule a time within thirty days after receipt of the request for a hearing on whether the child is to be released, or shall reject the request by journal entry without conducting a hearing. If the court rejects an initial request for early release by the child or the child's parents, within the period prescribed in division (C)(1) of this section, the child or the child's parent may make one or more subsequent requests for early release but may make no more than one request for early release during each period of ninety days that the child is institutionalized or institutionalized in a secure facility after the filing of a prior request for early release. Upon the filing of a request for early release subsequent to an initial request, the court shall either approve or disapprove the early release by journal entry or schedule a time within thirty days after receipt of the request for a hearing on whether the child is to be released.

(2) If a court schedules a hearing under division (C)(1) of this section to determine whether a child committed to the department should be granted an early release, the court shall give notice of the hearing to the prosecutor involved in the case. In accordance with section 2930.16 of the Revised Code and if the victim has requested notification, the prosecutor shall give notice of the hearing to the victim of the delinquent act for which the child's commitment to the legal custody of the department was imposed. The court may order the department to deliver the child to the court on the date set for the hearing and shall order the department to present to the court at that time a treatment plan for the child's post-institutional care. The court may conduct the hearing without the child being present. The court shall consider any statement of a victim made pursuant to section 2930.14 or 2930.17 of the Revised Code and any victim impact statement prepared pursuant to section 2151.355 of the Revised Code. The court shall determine at the hearing whether the child should be granted an early release from institutionalization or institutionalization in a secure facility. After making a determination, the court shall notify the victim of the determination in accordance with sections 2930.03 and 2930.16 of the Revised Code. If the court approves the early release, the department shall prepare a written treatment and rehabilitation plan for the child pursuant to division (E) of this section that shall include the terms and conditions of the child's release. It shall send the committing court and the juvenile court of the county in which the child is placed a copy of the plan and the terms and conditions that it fixed. The court of the county in which the child is placed may adopt the terms and conditions set by the department as an order of the court and may add any additional consistent terms and conditions it considers appropriate, provided that the court may not add any term or condition that decreases the level or degree of supervision specified by the department in its plan, that substantially increases the financial burden of supervision that will be experienced by the department, or that alters the placement specified by the department in its plan. If the court of the county in which the child is placed adds to the department's plan any additional terms and conditions, it shall enter those additional terms and conditions in its journal and shall send to the department a copy of the journal entry of the additional terms and conditions.

(3) If the court approves or grants an early release for a child under division (C)(1) or (2) of this section, the actual date on which the department of youth services shall release the child from institutional care or institutional care in a secure facility is contingent upon the department finding a suitable placement for the child. If the child is to be returned to the child's home, the department shall return the child to the home on the date that the court schedules for the child's release or shall bear the expense of any additional time that the child remains in institutional care or institutional care in a secure facility. If the child is unable to return to the child's home, the department shall exercise reasonable diligence in finding a suitable placement for the child, and the child shall remain in institutional care or institutional care in a secure facility while the department finds the suitable placement.

(D) If a child is released under division (B) or (C) of this section and the court of the county in which the child is placed has reason to believe that the child's deportment is not in accordance with the post-release terms and conditions of the child's judicial release or early release, the court of the county in which the child is placed shall schedule a time for a hearing to determine whether the child violated any of the post-release terms and conditions, and, if the child was released under division (C) of this section, divisions (A) to (E) of section 5139.52 of the Revised Code apply regarding the child. If that court determines at the hearing that the child violated any of the post-release terms and conditions, the court, if it determines that the violation of the terms and conditions was a serious violation, may order the child to be returned to the department for institutionalization or institutionalization in a secure facility, consistent with the original order of commitment of the child, or in any case may make any other disposition of the child authorized by law that the court considers proper. If the court of the county in which the child is placed orders the child to be returned to a department of youth services institution, the time during which the child was institutionalized or institutionalized in a secure facility prior to the child's judicial release or early release shall be considered as time served in fulfilling the prescribed minimum period or prescribed period of institutionalization or institutionalization in a secure facility that is applicable to the child under the child's original order of commitment. If the court orders the child returned to a department of youth services institution, the child shall remain in institutional care for a minimum period of three months or until the child successfully completes a revocation program of a duration of not less than thirty days operated either by the department or by an entity with whom the department has contracted to provide a revocation program.

(E) The department of youth services, prior to the release of a child pursuant to division (C) of this section, shall do all of the following:

(1) After reviewing the child's rehabilitative progress history and medical and educational records, prepare a written treatment and rehabilitation plan for the child that shall include terms and conditions of the release;

(2) Completely discuss the terms and conditions of the plan prepared pursuant to division (E)(1) of this section and the possible penalties for violation of the plan with the child and the child's parents, guardian, or legal custodian;

(3) Have the plan prepared pursuant to division (E)(1) of this section signed by the child, the child's parents, legal guardian, or custodian, and any authority or person that is to supervise, control, and provide supportive assistance to the child at the time of the child's release pursuant to division (C) of this section;

(4) File a copy of the plan prepared pursuant to division (E)(1) of this section, prior to the child's release, with the committing court and the juvenile court of the county in which the child is to be placed.

(F) The department of youth services shall file a written progress report with the committing court regarding each child released pursuant to division (C) of this section, at least once every thirty days unless specifically directed otherwise by the court. The report shall indicate the treatment and rehabilitative progress of the child and the child's family, if applicable, and shall include any suggestions and recommendations for alteration of the program, custody, living arrangements, or treatment. The department shall retain legal custody of a child so released until it discharges the child or until the custody is terminated as otherwise provided by law.

(G)(1) As used in division (G)(2) of this section, "release authority" and "supervised release" have the same meanings as in section 5139.01 of the Revised Code.

(2) When a child is committed to the legal custody of the department of youth services, the court retains jurisdiction to perform the functions specified in section 5139.51 of the Revised Code with respect to the granting of supervised release by the release authority and to perform the functions specified in section 5139.52 of the Revised Code with respect to violations of the terms and conditions of supervised release granted by the release authority and to the revocation of supervised release granted by the release authority.

Sec. 2151.65. Upon the advice and recommendation of the juvenile judge, the board of county commissioners may provide by purchase, lease, construction, or otherwise a school, forestry camp, or other facility or facilities where delinquent CHILDREN, as defined in section 2151.02 2152.02 of the Revised Code, dependent CHILDREN, abused CHILDREN, unruly CHILDREN, as defined in section 2151.022 of the Revised Code, or neglected children or juvenile traffic offenders may be held for training, treatment, and rehabilitation. Upon the joint advice and recommendation of the juvenile judges of two or more adjoining or neighboring counties, the boards of county commissioners of such counties may form themselves into a joint board and proceed to organize a district for the establishment and support of a school, forestry camp, or other facility or facilities for the use of the juvenile courts of such counties, where delinquent, dependent, abused, unruly, or neglected children, or juvenile traffic offenders may be held for treatment, training, and rehabilitation, by using a site or buildings already established in one such county, or by providing for the purchase of a site and the erection of the necessary buildings thereon. Such county or district school, forestry camp, or other facility or facilities shall be maintained as provided in sections 2151.01 to 2151.80 CHAPTERS 2151. AND 2152. of the Revised Code. Children who are adjudged to be delinquent, dependent, neglected, abused, unruly, or juvenile traffic offenders may be committed to and held in any such school, forestry camp, or other facility or facilities for training, treatment, and rehabilitation.

The juvenile court shall determine:

(A) The children to be admitted to any school, forestry camp, or other facility maintained under this section;

(B) The period such children shall be trained, treated, and rehabilitated at such facility;

(C) The removal and transfer of children from such facility.

Sec. 2151.651. The board of county commissioners of a county which, either separately or as part of a district, is planning to establish a school, forestry camp, or other facility under section 2151.65 of the Revised Code, to be used exclusively for the rehabilitation of children between the ages of twelve to eighteen years, other than psychotic or mentally retarded children, who are designated delinquent CHILDREN, as defined in section 2151.02 2152.02 of the Revised Code, or unruly CHILDREN, as defined in section 2151.022 of the Revised Code, by order of a juvenile court, may make application to the department of youth services, created under division (B) of section 5139.01 of the Revised Code, for financial assistance in defraying the county's share of the cost of acquisition or construction of such school, camp, or other facility, as provided in section 5139.27 of the Revised Code. Such application shall be made on forms prescribed and furnished by the department.

Sec. 2151.652. The board of county commissioners of a county or the board of trustees of a district maintaining a school, forestry camp, or other facility established under section 2151.65 of the Revised Code, used exclusively for the rehabilitation of children between the ages of twelve to eighteen years, other than psychotic or mentally retarded children, who are designated delinquent CHILDREN, as defined in section 2151.02 2152.02 of the Revised Code, or unruly CHILDREN, as defined in section 2151.022 of the Revised Code, by order of a juvenile court, may make application to the department of youth services, created under division (B) of section 5139.01 of the Revised Code, for financial assistance in defraying the cost of operating and maintaining such school, forestry camp, or other facility, as provided in section 5139.28 of the Revised Code.

Such application shall be made on forms prescribed and furnished by the department.

Sec. 2151.655. (A) The taxing authority of a county may issue general obligation securities of the county under Chapter 133. of the Revised Code to pay such county's share, either separately or as a part of a district, of the cost of acquiring schools, detention homes FACILITIES, forestry camps, or other facilities, or any combination thereof, under section 2151.34 2152.41 or 2151.65 of the Revised Code, or of acquiring sites for and constructing, enlarging, or otherwise improving such schools, detention homes FACILITIES, forestry camps, other facilities, or combinations thereof.

(B) The taxing authority of a detention home FACILITY district, or a district organized under section 2151.65 of the Revised Code, or of a combined district organized under sections 2151.34 2152.41 and 2151.65 of the Revised Code, may submit to the electors of the district the question of issuing general obligation bonds of the district to pay the cost of acquiring, constructing, enlarging, or otherwise improving sites, buildings, and facilities for any purposes for which the district was organized. The election on such question shall be submitted and held under section 133.18 of the Revised Code.

Sec. 2151.78. The board of county commissioners of any county within a school, forestry camp, or other facility or facilities district may, upon the recommendation of the juvenile court of such county, withdraw from such district and dispose of its interest in such school, forestry camp, or other facility or facilities selling or leasing its right, title, and interest in the site, buildings, furniture, and equipment to any counties in the district, at such price and upon such terms as are agreed upon among the boards of county commissioners of the counties concerned. Section 307.10 of the Revised Code does not appy APPLY to this section. The net proceeds of any such sale or lease shall be paid into the treasury of the withdrawing county.

Any county withdrawing from such district or from a combined district organized under sections 2151.34 2152.41 and 2151.65 of the Revised Code shall continue to have levied against its tax duplicate any tax levied by the district during the period in which the county was a member of the district for current operating expenses, permanent improvements, or the retirement of bonded indebtedness. Such levy shall continue to be a levy against such duplicate of the county until such time that it expires or is renewed.

Members of the board of trustees of a district school, forestry camp, or other facility or facilities who are residents of a county withdrawing from such district are deemed to have resigned their positions upon the completion of the withdrawal procedure provided by this section. Vacancies then created shall be filled according to sections 2151.68 and 2151.74 of the Revised Code.

Sec. 2151.79. The county auditor of the county having the greatest population, or, with the unanimous concurrence of the county auditors of the counties composing a facilities district, the auditor of the county wherein the facility is located, shall be the fiscal officer of a district organized under section 2151.65 of the Revised Code or a combined district organized under sections 2151.34 2152.41 and 2151.65 of the Revised Code. The county auditors of the several counties composing a school, forestry camp, or other facility or facilities district, shall meet at the district school, forestry camp, or other facility or facilities not less than once in each six months, to review accounts and to transact such other duties in connection with the institution as pertain to the business of their office.

Sec. 2151.99. (A) Whoever violates division (D)(2) or (3) of section 2151.313 or division (A)(1) or (H)(2) of section 2151.421 of the Revised Code is guilty of a misdemeanor of the fourth degree.

(B) Whoever violates division (D)(1) of section 2151.313 of the Revised Code is guilty of a minor misdemeanor.

(C) Whoever violates division (G) of section 2151.62 of the Revised Code is guilty of a minor misdemeanor.

Sec. 2152.01. (A) THE OVERRIDING PURPOSES FOR DISPOSITIONS UNDER THIS CHAPTER ARE TO PROVIDE FOR THE CARE, PROTECTION, AND MENTAL AND PHYSICAL DEVELOPMENT OF CHILDREN SUBJECT TO THIS CHAPTER, PROTECT THE PUBLIC INTEREST AND SAFETY, HOLD THE OFFENDER ACCOUNTABLE FOR THE OFFENDER'S ACTIONS, RESTORE THE VICTIM, AND REHABILITATE THE OFFENDER. THESE PURPOSES SHALL BE ACHIEVED BY A SYSTEM OF GRADUATED SANCTIONS AND SERVICES.

(B) DISPOSITIONS UNDER THIS CHAPTER SHALL BE REASONABLY CALCULATED TO ACHIEVE THE OVERRIDING PURPOSES SET FORTH IN THIS SECTION, COMMENSURATE WITH AND NOT DEMEANING TO THE SERIOUSNESS OF THE DELINQUENT CHILD'S OR THE JUVENILE TRAFFIC OFFENDER'S CONDUCT AND ITS IMPACT ON THE VICTIM, AND CONSISTENT WITH DISPOSITIONS FOR SIMILAR ACTS COMMITTED BY SIMILAR DELINQUENT CHILDREN AND JUVENILE TRAFFIC OFFENDERS. THE COURT SHALL NOT BASE THE DISPOSITION ON THE RACE, ETHNIC BACKGROUND, GENDER, OR RELIGION OF THE DELINQUENT CHILD OR JUVENILE TRAFFIC OFFENDER.

(C) TO THE EXTENT THEY DO NOT CONFLICT WITH THIS CHAPTER, THE PROVISIONS OF CHAPTER 2151. of the Revised Code APPLY TO THE PROCEEDINGS UNDER THIS CHAPTER.

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, 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.

(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;

(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" HAS THE SAME MEANING 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. 2152.021. (A)(1) SUBJECT TO DIVISION (A)(2) OF THIS SECTION, ANY PERSON HAVING KNOWLEDGE OF A CHILD WHO APPEARS TO BE A JUVENILE TRAFFIC OFFENDER OR TO BE A DELINQUENT CHILD MAY FILE A SWORN COMPLAINT WITH RESPECT TO THAT CHILD IN THE JUVENILE COURT OF THE COUNTY IN WHICH THE CHILD HAS A RESIDENCE OR LEGAL SETTLEMENT OR IN WHICH THE TRAFFIC OFFENSE OR DELINQUENT ACT ALLEGEDLY OCCURRED. THE SWORN COMPLAINT MAY BE UPON INFORMATION AND BELIEF, AND, IN ADDITION TO THE ALLEGATION THAT THE CHILD IS A DELINQUENT CHILD OR A JUVENILE TRAFFIC OFFENDER, THE COMPLAINT SHALL ALLEGE THE PARTICULAR FACTS UPON WHICH THE ALLEGATION THAT THE CHILD IS A DELINQUENT CHILD OR A JUVENILE TRAFFIC OFFENDER IS BASED.

IF A CHILD APPEARS TO BE A DELINQUENT CHILD WHO IS ELIGIBLE FOR A SERIOUS YOUTHFUL OFFENDER DISPOSITIONAL SENTENCE UNDER SECTION 2152.11 OF THE REVISED CODE AND IF THE PROSECUTING ATTORNEY DESIRES TO SEEK A SERIOUS YOUTHFUL OFFENDER DISPOSITIONAL SENTENCE UNDER SECTION 2152.13 OF THE REVISED CODE IN REGARD TO THE CHILD, THE PROSECUTING ATTORNEY OF THE COUNTY IN WHICH THE ALLEGED DELINQUENCY OCCURS MAY INITIATE A CASE IN THE JUVENILE COURT OF THE COUNTY BY PRESENTING THE CASE TO A GRAND JURY FOR INDICTMENT, BY CHARGING THE CHILD IN A BILL OF INFORMATION AS A SERIOUS YOUTHFUL OFFENDER PURSUANT TO SECTION 2152.13 OF THE REVISED CODE, BY REQUESTING A SERIOUS YOUTHFUL OFFENDER DISPOSITIONAL SENTENCE IN THE ORIGINAL COMPLAINT ALLEGING THAT THE CHILD IS A DELINQUENT CHILD, OR BY FILING WITH THE JUVENILE COURT A WRITTEN NOTICE OF INTENT TO SEEK A SERIOUS YOUTHFUL OFFENDER DISPOSITIONAL SENTENCE.

(2) ANY PERSON HAVING KNOWLEDGE OF A CHILD WHO APPEARS TO BE A DELINQUENT CHILD FOR BEING AN HABITUAL OR CHRONIC TRUANT MAY FILE A SWORN COMPLAINT WITH RESPECT TO THAT CHILD AND THE PARENT, GUARDIAN, OR OTHER PERSON HAVING CARE OF THE CHILD IN THE JUVENILE COURT OF THE COUNTY IN WHICH THE CHILD HAS A RESIDENCE OR LEGAL SETTLEMENT OR IN WHICH THE CHILD IS SUPPOSED TO ATTEND PUBLIC SCHOOL. THE SWORN COMPLAINT MAY BE UPON INFORMATION AND BELIEF AND SHALL CONTAIN THE FOLLOWING ALLEGATIONS:

(a) THAT THE CHILD IS 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 AND, IN ADDITION, THE PARTICULAR FACTS UPON WHICH THAT ALLEGATION IS BASED;

(b)THAT THE PARENT, GUARDIAN, OR OTHER PERSON HAVING CARE OF THE CHILD HAS FAILED TO CAUSE THE CHILD'S ATTENDANCE AT SCHOOL IN VIOLATION OF SECTION 3321.38 OF THE REVISED CODE AND, IN ADDITION, THE PARTICULAR FACTS UPON WHICH THAT ALLEGATION IS BASED.

(B) ANY PERSON WITH STANDING UNDER APPLICABLE LAW MAY FILE A COMPLAINT FOR THE DETERMINATION OF ANY OTHER MATTER OVER WHICH THE JUVENILE COURT IS GIVEN JURISDICTION BY SECTION 2151.23 OF THE REVISED CODE. THE COMPLAINT SHALL BE FILED IN THE COUNTY IN WHICH THE CHILD WHO IS THE SUBJECT OF THE COMPLAINT IS FOUND OR WAS LAST KNOWN TO BE FOUND.

(C) WITHIN TEN DAYS AFTER THE FILING OF A COMPLAINT OR THE ISSUANCE OF AN INDICTMENT, THE COURT SHALL GIVE WRITTEN NOTICE OF THE FILING OF THE COMPLAINT OR THE ISSUANCE OF AN INDICTMENT AND OF THE SUBSTANCE OF THE COMPLAINT OR INDICTMENT TO THE SUPERINTENDENT OF A CITY, LOCAL, EXEMPTED VILLAGE, OR JOINT VOCATIONAL SCHOOL DISTRICT IF THE COMPLAINT OR INDICTMENT ALLEGES THAT A CHILD COMMITTED AN ACT THAT WOULD BE A CRIMINAL OFFENSE IF COMMITTED BY AN ADULT, THAT THE CHILD WAS SIXTEEN YEARS OF AGE OR OLDER AT THE TIME OF THE COMMISSION OF THE ALLEGED ACT, AND THAT THE ALLEGED ACT IS ANY OF THE FOLLOWING:

(1) A VIOLATION OF SECTION 2923.122 OF THE REVISED CODE THAT RELATES TO PROPERTY OWNED OR CONTROLLED BY, OR TO AN ACTIVITY HELD UNDER THE AUSPICES OF, THE BOARD OF EDUCATION OF THAT SCHOOL DISTRICT;

(2) A VIOLATION OF SECTION 2923.12 OF THE REVISED CODE, OF A SUBSTANTIALLY SIMILAR MUNICIPAL ORDINANCE, OR OF SECTION 2925.03 OF THE REVISED CODE THAT WAS COMMITTED ON PROPERTY OWNED OR CONTROLLED BY, OR AT AN ACTIVITY HELD UNDER THE AUSPICES OF, THE BOARD OF EDUCATION OF THAT SCHOOL DISTRICT;

(3) A VIOLATION OF SECTION 2925.11 OF THE REVISED CODE THAT WAS COMMITTED ON PROPERTY OWNED OR CONTROLLED BY, OR AT AN ACTIVITY HELD UNDER THE AUSPICES OF, THE BOARD OF EDUCATION OF THAT SCHOOL DISTRICT, OTHER THAN A VIOLATION OF THAT SECTION THAT WOULD BE A MINOR DRUG POSSESSION OFFENSE IF COMMITTED BY AN ADULT;

(4) A VIOLATION OF SECTION 2903.01, 2903.02, 2903.03, 2903.04, 2903.11, 2903.12, 2907.02, OR 2907.05 OF THE REVISED CODE, OR A VIOLATION OF FORMER SECTION 2907.12 OF THE REVISED CODE, THAT WAS COMMITTED ON PROPERTY OWNED OR CONTROLLED BY, OR AT AN ACTIVITY HELD UNDER THE AUSPICES OF, THE BOARD OF EDUCATION OF THAT SCHOOL DISTRICT, IF THE VICTIM AT THE TIME OF THE COMMISSION OF THE ALLEGED ACT WAS AN EMPLOYEE OF THE BOARD OF EDUCATION OF THAT SCHOOL DISTRICT;

(5) COMPLICITY IN ANY VIOLATION DESCRIBED IN DIVISION (C)(1), (2), (3), OR (4) OF THIS SECTION THAT WAS ALLEGED TO HAVE BEEN COMMITTED IN THE MANNER DESCRIBED IN DIVISION (C)(1), (2), (3), OR (4) OF THIS SECTION, REGARDLESS OF WHETHER THE ACT OF COMPLICITY WAS COMMITTED ON PROPERTY OWNED OR CONTROLLED BY, OR AT AN ACTIVITY HELD UNDER THE AUSPICES OF, THE BOARD OF EDUCATION OF THAT SCHOOL DISTRICT.

(D) A PUBLIC CHILDREN SERVICES AGENCY, ACTING PURSUANT TO A COMPLAINT OR AN ACTION ON A COMPLAINT FILED UNDER THIS SECTION, IS NOT SUBJECT TO THE REQUIREMENTS OF SECTION 3109.27 OF THE REVISED CODE.

(E) FOR PURPOSES OF THE RECORD TO BE MAINTAINED BY THE CLERK UNDER DIVISION (B) OF SECTION 2152.71 OF THE REVISED CODE, WHEN A COMPLAINT IS FILED THAT ALLEGES THAT A CHILD IS A DELINQUENT CHILD, THE COURT SHALL DETERMINE IF THE VICTIM OF THE ALLEGED DELINQUENT ACT WAS SIXTY-FIVE YEARS OF AGE OR OLDER OR PERMANENTLY AND TOTALLY DISABLED AT THE TIME OF THE ALLEGED COMMISSION OF THE ACT.

Sec. 2151.25 2152.03. When a child is arrested under any charge, complaint, affidavit, or indictment for a felony or a misdemeanor, proceedings regarding the child initially shall be in the juvenile court in accordance with this chapter. If the child is taken before a judge of a county court, a mayor, a judge of a municipal court, or a judge of a court of common pleas other than a juvenile court, the judge of the county court, mayor, judge of the municipal court, or judge of the court of common pleas shall transfer the case to the juvenile court, and, upon the transfer, the proceedings shall be in accordance with this chapter. Upon the transfer, all further proceedings under the charge, complaint, information, or indictment shall be discontinued in the court of the judge of the county court, mayor, municipal judge, or judge of the court of common pleas other than a juvenile court subject to section 2151.26 2152.12 of the Revised Code, and the. THE case relating to the child then shall be within the exclusive jurisdiction of the juvenile court, subject to section 2151.26 2152.12 of the Revised Code.

Sec. 2152.04. A CHILD WHO IS ALLEGED TO BE, OR WHO IS ADJUDICATED, A DELINQUENT CHILD MAY BE CONFINED IN A PLACE OF JUVENILE DETENTION PROVIDED UNDER SECTION 2152.41 of the Revised Code FOR A PERIOD NOT TO EXCEED NINETY DAYS, DURING WHICH TIME A SOCIAL HISTORY MAY BE PREPARED TO INCLUDE COURT RECORD, FAMILY HISTORY, PERSONAL HISTORY, SCHOOL AND ATTENDANCE RECORDS, AND ANY OTHER PERTINENT STUDIES AND MATERIAL THAT WILL BE OF ASSISTANCE TO THE JUVENILE COURT IN ITS DISPOSITION OF THE CHARGES AGAINST THAT ALLEGED OR ADJUDICATED DELINQUENT CHILD.

Sec. 2152.10. (A) A CHILD WHO IS ALLEGED TO BE A DELINQUENT CHILD IS ELIGIBLE FOR MANDATORY TRANSFER AND SHALL BE TRANSFERRED AS PROVIDED IN SECTION 2152.12 OF THE REVISED CODE IN ANY OF THE FOLLOWING CIRCUMSTANCES:

(1) THE CHILD IS CHARGED WITH A CATEGORY ONE OFFENSE AND EITHER OF THE FOLLOWING APPLY:

(a) THE CHILD WAS SIXTEEN YEARS OF AGE OR OLDER AT THE TIME OF THE ACT CHARGED.

(b)THE CHILD WAS FOURTEEN OR FIFTEEN YEARS OF AGE AT THE TIME OF THE ACT CHARGED AND PREVIOUSLY WAS ADJUDICATED A DELINQUENT CHILD FOR COMMITTING AN ACT THAT IS A CATEGORY ONE OR CATEGORY TWO OFFENSE AND WAS COMMITTED TO THE LEGAL CUSTODY OF THE DEPARTMENT OF YOUTH SERVICES UPON THE BASIS OF THAT ADJUDICATION.

(2) THE CHILD IS CHARGED WITH A CATEGORY TWO OFFENSE, OTHER THAN A VIOLATION OF SECTION 2905.01 OF THE REVISED CODE, THE CHILD WAS SIXTEEN YEARS OF AGE OR OLDER AT THE TIME OF THE COMMISSION OF THE ACT CHARGED, AND EITHER OR BOTH OF THE FOLLOWING APPLY:

(a) THE CHILD PREVIOUSLY WAS ADJUDICATED A DELINQUENT CHILD FOR COMMITTING AN ACT THAT IS A CATEGORY ONE OR A CATEGORY TWO OFFENSE AND WAS COMMITTED TO THE LEGAL CUSTODY OF THE DEPARTMENT OF YOUTH SERVICES ON THE BASIS OF THAT ADJUDICATION.

(b) THE CHILD IS ALLEGED TO HAVE HAD A FIREARM ON OR ABOUT THE CHILD'S PERSON OR UNDER THE CHILD'S CONTROL WHILE COMMITTING THE ACT CHARGED AND TO HAVE DISPLAYED THE FIREARM, INDICATED POSSESSION OF THE FIREARM, OR USED THE FIREARM TO FACILITATE THE COMMISSION OF THE ACT CHARGED.

(3) DIVISION (A)(2) OF SECTION 2152.12 OF THE REVISED CODE APPLIES.

(B) UNLESS THE CHILD IS SUBJECT TO MANDATORY TRANSFER, IF A CHILD IS FOURTEEN YEARS OF AGE OR OLDER AT THE TIME OF THE ACT CHARGED AND IF THE CHILD IS CHARGED WITH AN ACT THAT WOULD BE A FELONY IF COMMITTED BY AN ADULT, THE CHILD IS ELIGIBLE FOR DISCRETIONARY TRANSFER TO THE APPROPRIATE COURT FOR CRIMINAL PROSECUTION. IN DETERMINING WHETHER TO TRANSFER THE CHILD FOR CRIMINAL PROSECUTION, THE JUVENILE COURT SHALL FOLLOW THE PROCEDURES IN SECTION 2152.12 OF THE REVISED CODE. IF THE COURT DOES NOT TRANSFER THE CHILD AND IF THE COURT ADJUDICATES THE CHILD TO BE A DELINQUENT CHILD FOR THE ACT CHARGED, THE COURT SHALL ISSUE AN ORDER OF DISPOSITION IN ACCORDANCE WITH SECTION 2152.11 OF THE REVISED CODE.

Sec. 2152.11. (A) A CHILD WHO IS ADJUDICATED A DELINQUENT CHILD FOR COMMITTING AN ACT THAT WOULD BE A FELONY IF COMMITTED BY AN ADULT IS ELIGIBLE FOR A PARTICULAR TYPE OF DISPOSITION UNDER THIS SECTION IF THE CHILD WAS NOT TRANSFERRED UNDER SECTION 2152.12 OF THE REVISED CODE. IF THE COMPLAINT, INDICTMENT, OR INFORMATION CHARGING THE ACT INCLUDES ONE OR MORE OF THE FOLLOWING FACTORS, THE ACT IS CONSIDERED TO BE ENHANCED, AND THE CHILD IS ELIGIBLE FOR A MORE RESTRICTIVE DISPOSITION UNDER THIS SECTION;

(1) THE ACT CHARGED AGAINST THE CHILD WOULD BE AN OFFENSE OF VIOLENCE IF COMMITTED BY AN ADULT.

(2) DURING THE COMMISSION OF THE ACT CHARGED, THE CHILD USED A FIREARM, DISPLAYED A FIREARM, BRANDISHED A FIREARM, OR INDICATED THAT THE CHILD POSSESSED A FIREARM AND ACTUALLY POSSESSED A FIREARM.

(3) THE CHILD PREVIOUSLY WAS ADMITTED TO A DEPARTMENT OF YOUTH SERVICES FACILITY FOR THE COMMISSION OF AN ACT THAT WOULD HAVE BEEN AGGRAVATED MURDER, MURDER, A FELONY OF THE FIRST OR SECOND DEGREE IF COMMITTED BY AN ADULT, OR AN ACT THAT WOULD HAVE BEEN A FELONY OF THE THIRD DEGREE AND AN OFFENSE OF VIOLENCE IF COMMITTED BY AN ADULT.

(B) IF A CHILD IS ADJUDICATED A DELINQUENT CHILD FOR COMMITTING AN ACT THAT WOULD BE AGGRAVATED MURDER OR MURDER IF COMMITTED BY AN ADULT, THE CHILD IS ELIGIBLE FOR WHICHEVER OF THE FOLLOWING IS APPROPRIATE:

(1) MANDATORY SYO, IF THE ACT ALLEGEDLY WAS COMMITTED WHEN THE CHILD WAS FOURTEEN OR FIFTEEN YEARS OF AGE;

(2) DISCRETIONARY SYO, IF THE ACT WAS COMMITTED WHEN THE CHILD WAS TEN, ELEVEN, TWELVE, OR THIRTEEN YEARS OF AGE;

(3) TRADITIONAL JUVENILE, IF DIVISIONS (B)(1) AND (2) OF THIS SECTION DO NOT APPLY.

(C) IF A CHILD IS ADJUDICATED A DELINQUENT CHILD FOR COMMITTING AN ACT THAT WOULD BE ATTEMPTED AGGRAVATED MURDER OR ATTEMPTED MURDER IF COMMITTED BY AN ADULT, THE CHILD IS ELIGIBLE FOR WHICHEVER OF THE FOLLOWING IS APPROPRIATE:

(1) MANDATORY SYO, IF THE ACT ALLEGEDLY WAS COMMITTED WHEN THE CHILD WAS FOURTEEN OR FIFTEEN YEARS OF AGE;

(2) DISCRETIONARY SYO, IF THE ACT WAS COMMITTED WHEN THE CHILD WAS TEN, ELEVEN, TWELVE, OR THIRTEEN YEARS OF AGE;

(3) TRADITIONAL JUVENILE, IF DIVISIONS (C)(1) AND (2) OF THIS SECTION DO NOT APPLY.

(D) IF A CHILD IS ADJUDICATED A DELINQUENT CHILD FOR COMMITTING AN ACT THAT WOULD BE A FELONY OF THE FIRST DEGREE IF COMMITTED BY AN ADULT, THE CHILD IS ELIGIBLE FOR WHICHEVER OF THE FOLLOWING IS APPROPRIATE:

(1) MANDATORY SYO, IF THE ACT ALLEGEDLY WAS COMMITTED WHEN THE CHILD WAS SIXTEEN OR SEVENTEEN YEARS OF AGE, AND THE ACT IS ENHANCED BY THE FACTORS DESCRIBED IN DIVISION (A)(1) AND EITHER DIVISION (A)(2) OR (3) OF THIS SECTION;

(2) DISCRETIONARY SYO, IF ANY OF THE FOLLOWING APPLIES:

(a) THE ACT WAS COMMITTED WHEN THE CHILD WAS SIXTEEN OR SEVENTEEN YEARS OF AGE, AND DIVISION (D)(1) OF THIS SECTION DOES NOT APPLY.

(b) THE ACT WAS COMMITTED WHEN THE CHILD WAS FOURTEEN OR FIFTEEN YEARS OF AGE.

(c) THE ACT WAS COMMITTED WHEN THE CHILD WAS TWELVE OR THIRTEEN YEARS OF AGE, AND THE ACT IS ENHANCED BY ANY FACTOR DESCRIBED IN DIVISION (A)(1), (2), OR (3) OF THIS SECTION.

(d) THE ACT WAS COMMITTED WHEN THE CHILD WAS TEN OR ELEVEN YEARS OF AGE, AND THE ACT IS ENHANCED BY THE FACTORS DESCRIBED IN DIVISION (A)(1) AND EITHER DIVISION (A)(2) OR (3) OF THIS SECTION.

(3) TRADITIONAL JUVENILE, IF DIVISIONS (D)(1) AND (2) OF THIS SECTION DO NOT APPLY.

(E) IF A CHILD IS ADJUDICATED A DELINQUENT CHILD FOR COMMITTING AN ACT THAT WOULD BE A FELONY OF THE SECOND DEGREE IF COMMITTED BY AN ADULT, THE CHILD IS ELIGIBLE FOR WHICHEVER OF THE FOLLOWING IS APPROPRIATE:

(1) DISCRETIONARY SYO, IF THE ACT WAS COMMITTED WHEN THE CHILD WAS FOURTEEN, FIFTEEN, SIXTEEN, OR SEVENTEEN YEARS OF AGE;

(2) DISCRETIONARY SYO, IF THE ACT WAS COMMITTED WHEN THE CHILD WAS TWELVE OR THIRTEEN YEARS OF AGE, AND THE ACT IS ENHANCED BY ANY FACTOR DESCRIBED IN DIVISION (A)(1), (2), OR (3) OF THIS SECTION;

(3) TRADITIONAL JUVENILE, IF DIVISIONS (E)(1) AND (2) OF THIS SECTION DO NOT APPLY.

(F) IF A CHILD IS ADJUDICATED A DELINQUENT CHILD FOR COMMITTING AN ACT THAT WOULD BE A FELONY OF THE THIRD DEGREE IF COMMITTED BY AN ADULT, THE CHILD IS ELIGIBLE FOR WHICHEVER OF THE FOLLOWING IS APPROPRIATE:

(1) DISCRETIONARY SYO, IF THE ACT WAS COMMITTED WHEN THE CHILD WAS SIXTEEN OR SEVENTEEN YEARS OF AGE;

(2) DISCRETIONARY SYO, IF THE ACT WAS COMMITTED WHEN THE CHILD WAS FOURTEEN OR FIFTEEN YEARS OF AGE, AND THE ACT IS ENHANCED BY ANY FACTOR DESCRIBED IN DIVISION (A)(1), (2), OR (3) OF THIS SECTION;

(3) TRADITIONAL JUVENILE, IF DIVISIONS (F)(1) AND (2) OF THIS SECTION DO NOT APPLY.

(G) IF A CHILD IS ADJUDICATED A DELINQUENT CHILD FOR COMMITTING AN ACT THAT WOULD BE A FELONY OF THE FOURTH OR FIFTH DEGREE IF COMMITTED BY AN ADULT, THE CHILD IS ELIGIBLE FOR WHICHEVER OF THE FOLLOWING DISPOSITIONS IS APPROPRIATE:

(1) DISCRETIONARY SYO, IF THE ACT WAS COMMITTED WHEN THE CHILD WAS SIXTEEN OR SEVENTEEN YEARS OF AGE, AND THE ACT IS ENHANCED BY ANY FACTOR DESCRIBED IN DIVISION (A)(1), (2), OR (3) OF THIS SECTION;

(2) TRADITIONAL JUVENILE, IF DIVISION (G)(1) OF THIS SECTION DOES NOT APPLY.

(H) THE FOLLOWING TABLE DESCRIBES THE DISPOSITIONS THAT A JUVENILE COURT MAY IMPOSE ON A DELINQUENT CHILD:

OFFENSE CATEGORY	AGE	AGE	AGE	AGE
(ENHANCEMENT FACTORS)	16 & 17	14 & 15	12 & 13	10 & 11

Murder/aggravated murder	N/A	MSYO, TJ	DSYO, TJ	DSYO, TJ
Attempted murder/attempted aggravated murder	N/A	MSYO, TJ	DSYO, TJ	DSYO, TJ
F1 (Enhanced by offense of violence factor and either disposition firearm factor or previous DYS admission factor)	msyo, TJ	DSYO, TJ	DSYO, TJ	DSYO, TJ
F1 (Enhanced by any single or other combination of enhancement factors)	DSYO, TJ	DSYO, TJ	DSYO, TJ	TJ
F1 (Not enhanced)	DSYO, TJ	DSYO, TJ	TJ	TJ
F2 (Enhanced by any enhancement factor)	DSYO, TJ	DSYO, TJ	DSYO, TJ	TJ
F2 (Not enhanced)	DSYO, TJ	DSYO, TJ	TJ	TJ
F3 (Enhanced by any enhancement factor)	DSYO, TJ	DSYO, TJ	TJ	TJ
F3 (Not enhanced)	DSYO, TJ	TJ	TJ	TJ
F4 (Enhanced by any enhancement factor)	DSYO, TJ	TJ	TJ	TJ
F4 (Not enhanced)	TJ	TJ	TJ	TJ
F5 (Enhanced by any enhancement factor)	DSYO, TJ	TJ	TJ	TJ
F5 (Not enhanced)	TJ	TJ	TJ	TJ

(I) THE TABLE IN DIVISION (H) OF THIS SECTION IS FOR ILLUSTRATIVE PURPOSES ONLY. IF THE TABLE CONFLICTS WITH ANY PROVISION OF DIVISIONS (A) TO (G) OF THIS SECTION, DIVISIONS (A) TO (G) OF THIS SECTION SHALL CONTROL.

(J) KEY FOR TABLE IN DIVISION (H) OF THIS SECTION:

(1) "ANY ENHANCEMENT FACTOR" APPLIES WHEN THE CRITERIA DESCRIBED IN DIVISION (A)(1), (2), OR (3) OF THIS SECTION APPLY.

(2) THE "DISPOSITION FIREARM FACTOR" APPLIES WHEN THE CRITERIA DESCRIBED IN DIVISION (A)(2) OF THIS SECTION APPLY.

(3) "DSYO" REFERS TO DISCRETIONARY SERIOUS YOUTHFUL OFFENDER DISPOSITION.

(4) "F1" REFERS TO AN ACT THAT WOULD BE A FELONY OF THE FIRST DEGREE IF COMMITTED BY AN ADULT.

(5) "F2" REFERS TO AN ACT THAT WOULD BE A FELONY OF THE SECOND DEGREE IF COMMITTED BY AN ADULT.

(6) "F3" REFERS TO AN ACT THAT WOULD BE A FELONY OF THE THIRD DEGREE IF COMMITTED BY AN ADULT.

(7) "F4" REFERS TO AN ACT THAT WOULD BE A FELONY OF THE FOURTH DEGREE IF COMMITTED BY AN ADULT.

(8) "F5" REFERS TO AN ACT THAT WOULD BE A FELONY OF THE FIFTH DEGREE IF COMMITTED BY AN ADULT.

(9) "MSYO" REFERS TO MANDATORY SERIOUS YOUTHFUL OFFENDER DISPOSITION.

(10) THE "OFFENSE OF VIOLENCE FACTOR" APPLIES WHEN THE CRITERIA DESCRIBED IN DIVISION (A)(1) OF THIS SECTION APPLY.

(11) THE "PREVIOUS DYS ADMISSION FACTOR" APPLIES WHEN THE CRITERIA DESCRIBED IN DIVISION (A)(3) OF THIS SECTION APPLY.

(12) "TJ" REFERS TO TRADITIONAL JUVENILE.

Sec. 2151.26 2152.12. (A) As used in this section:

(1) "Category one offense" means any of the following:

(a) A violation of section 2903.01 or 2903.02 of the Revised Code;

(b) A violation of section 2923.02 of the Revised Code involving an attempt to commit aggravated murder or murder.

(2) "Category two offense" means any of the following:

(a) A violation of section 2903.03, 2905.01, 2907.02, 2909.02, 2911.01, or 2911.11 of the Revised Code;

(b) A violation of section 2903.04 of the Revised Code that is a felony of the first degree;

(c) A violation of section 2907.12 of the Revised Code as it existed prior to September 3, 1996.

(3) "Firearm" has the same meaning as in section 2923.11 of the Revised Code.

(4) "Act charged" means the act that a child allegedly committed and that is identified in a complaint alleging that the child is a delinquent child as the act that is the basis of the child being a delinquent child.

(B)(1)(a) After a complaint has been filed alleging that a child is a delinquent child for committing an act that would be an offense AGGRAVATED MURDER, MURDER, ATTEMPTED AGGRAVATED MURDER, OR ATTEMPTED MURDER if committed by an adult, the JUVENILE court at a hearing shall transfer the case for criminal prosecution to the appropriate court having jurisdiction of the offense if the child was fourteen SIXTEEN OR SEVENTEEN years of age or older at the time of the act charged, if AND there is probable cause to believe that the child committed the act charged, and. THE JUVENILE COURT ALSO SHALL TRANSFER THE CASE AT A HEARING IF THE CHILD WAS FOURTEEN OR FIFTEEN YEARS OF AGE AT THE TIME OF THE ACT CHARGED, IF SECTION 2152.10 of the Revised Code PROVIDES THAT THE CHILD IS ELIGIBLE FOR MANDATORY TRANSFER, AND IF THERE IS PROBABLE CAUSE TO BELIEVE THAT THE CHILD COMMITTED THE ACT CHARGED.

(b) AFTER A COMPLAINT HAS BEEN FILED ALLEGING THAT A CHILD IS A DELINQUENT CHILD BY REASON OF COMMITTING A CATEGORY TWO OFFENSE, THE JUVENILE COURT AT A HEARING SHALL TRANSFER THE CASE IF SECTION 2152.10 of the Revised Code REQUIRES THE MANDATORY TRANSFER OF THE CASE AND THERE IS PROBABLE CAUSE TO BELIEVE THAT THE CHILD COMMITTED THE ACT CHARGED.

(2) THE JUVENILE COURT ALSO SHALL TRANSFER A CASE IN THE CIRCUMSTANCES DESCRIBED IN DIVISION (C)(5) OF SECTION 2152.02 of the Revised Code OR if one or more EITHER of the following applies to the child or the act charged:

(1)(a) A complaint IS FILED AGAINST A CHILD WHO IS ELIGIBLE FOR A DISCRETIONARY TRANSFER UNDER SECTION 2152.10 of the Revised Code AND WHO previously was filed in a juvenile court alleging that the child was a delinquent child for committing an act that would be an offense if committed by an adult, the juvenile court transferred the case pursuant to division (B) or (C) of this section for criminal prosecution to the appropriate court having jurisdiction of the offense, and the child was convicted of or pleaded guilty to a felony in that A case THAT WAS TRANSFERRED TO A CRIMINAL COURT.

(2) The (b) A COMPLAINT IS FILED AGAINST A child WHO is domiciled in another state ALLEGING THAT THE CHILD IS A DELINQUENT CHILD FOR COMMITTING AN ACT THAT WOULD BE A FELONY IF COMMITTED BY AN ADULT, and, if the act charged had been committed in that other state, the child would be subject to criminal prosecution as an adult under the law of that other state without the need for a transfer of jurisdiction from a juvenile, family, or similar noncriminal court to a criminal court.

(3) The act charged is a category one offense, and either or both of the following apply to the child:

(a) The child was sixteen years of age or older at the time of the act charged.

(b) The child previously was adjudicated a delinquent child for committing an act that is a category one offense or a category two offense and was committed to the legal custody of the department of youth services upon the basis of that adjudication.

(4) The act charged is a category two offense, other than a violation of section 2905.01 of the Revised Code, the child was sixteen years of age or older at the time of the commission of the act charged, and either or both of the following apply to the child:

(a) The child previously was adjudicated a delinquent child for committing an act that is a category one offense or a category two offense and was committed to the legal custody of the department of youth services upon the basis of that adjudication.

(b) The child is alleged to have had a firearm on or about the child's person or under the child's control while committing the act charged and to have displayed the firearm, brandished the firearm, indicated possession of the firearm, or used the firearm to facilitate the commission of the act charged.

(C)(1)(B) Except as provided in division (B)(A) of this section and subject to division (C)(4) of this section, after a complaint has been filed alleging that a child is a delinquent child for committing an act that would be a felony if committed by an adult, the JUVENILE court at a hearing may transfer the case for criminal prosecution to the appropriate court having jurisdiction of the offense, after considering the factors specified in division (C)(2) of this section and after making IF THE COURT FINDS all of the following determinations:

(a)(1) The child was fourteen years of age or older at the time of the act charged.

(b)(2) There is probable cause to believe that the child committed the act charged.

(c) After (3) THE CHILD IS NOT AMENABLE TO CARE OR REHABILITATION WITHIN THE JUVENILE SYSTEM, AND THE SAFETY OF THE COMMUNITY MAY REQUIRE THAT THE CHILD BE SUBJECT TO ADULT SANCTIONS. IN MAKING ITS DECISION UNDER THIS DIVISION, THE COURT SHALL CONSIDER WHETHER THE APPLICABLE FACTORS UNDER DIVISION (D) OF THIS SECTION INDICATING THAT THE CASE SHOULD BE TRANSFERRED OUTWEIGH THE APPLICABLE FACTORS UNDER DIVISION (E) OF THIS SECTION INDICATING THAT THE CASE SHOULD NOT BE TRANSFERRED. THE RECORD SHALL INDICATE THE SPECIFIC FACTORS THAT WERE APPLICABLE AND THAT THE COURT WEIGHED.

(C) BEFORE CONSIDERING A TRANSFER UNDER DIVISION (B) OF THIS SECTION, THE JUVENILE COURT SHALL ORDER an investigation, including a mental examination of the child made by a public or private agency or a person qualified to make the examination, and after consideration of all relevant information and factors, including any factor required to be considered under division (C)(2) of this section, that there are reasonable grounds to believe that both of the following criteria are satisfied:

(i) The child is not amenable to care or rehabilitation or further care or rehabilitation in any facility designed for the care, supervision, and rehabilitation of delinquent children.

(ii) The safety of the community may require that the child be placed under legal restraint, including, if necessary, for the period extending beyond the child's majority.

(2) Subject to division (C)(4) of this section, when determining whether to order the transfer of a case for criminal prosecution to the appropriate court having jurisdiction of the offense pursuant to division (C)(1) of this section, the court shall consider all of the following factors in favor of ordering the transfer of the case:

(a) A victim of the act charged was five years of age or younger, regardless of whether the child who is alleged to have committed that act knew the age of that victim;

(b) A victim of the act charged sustained physical harm to the victim's person during the commission of or otherwise as a result of the act charged.

(c) The act charged is not a violation of section 2923.12 of the Revised Code, and the child is alleged to have had a firearm on or about the child's person or under the child's control while committing the act charged and to have displayed the firearm, brandished the firearm, indicated possession of the firearm, or used the firearm to facilitate the commission of the act charged.

(d) The child has a history indicating a failure to be rehabilitated following one or more commitments pursuant to division (A)(3), (4), (5), (6), or (7) of section 2151.355 of the Revised Code.

(e) A victim of the act charged was sixty-five years of age or older or permanently and totally disabled at the time of the commission of the act charged, regardless of whether the child who is alleged to have committed that act knew the age of that victim.

(3) A. THE child whose case is being considered for possible transfer for criminal prosecution to the appropriate court having jurisdiction of the offense under division (C)(1) of this section may waive the examination required by THIS division (C)(1)(c) of this section, if the court finds THAT the waiver is competently and intelligently made. Refusal to submit to a mental and physical examination by the child constitutes a waiver of the examination.

(4)(D) IN CONSIDERING WHETHER TO TRANSFER A CHILD UNDER DIVISION (B) OF THIS SECTION, THE JUVENILE COURT SHALL CONSIDER THE FOLLOWING RELEVANT FACTORS, AND ANY OTHER RELEVANT FACTORS, IN FAVOR OF A TRANSFER UNDER THAT DIVISION:

(1) THE VICTIM OF THE ACT CHARGED SUFFERED PHYSICAL OR PSYCHOLOGICAL HARM, OR SERIOUS ECONOMIC HARM, AS A RESULT OF THE ALLEGED ACT.

(2) THE PHYSICAL OR PSYCHOLOGICAL HARM SUFFERED BY THE VICTIM DUE TO THE ALLEGED ACT OF THE CHILD WAS EXACERBATED BECAUSE OF THE PHYSICAL OR PSYCHOLOGICAL VULNERABILITY OR THE AGE OF THE VICTIM.

(3) THE CHILD'S RELATIONSHIP WITH THE VICTIM FACILITATED THE ACT CHARGED.

(4) THE CHILD ALLEGEDLY COMMITTED THE ACT CHARGED FOR HIRE OR AS A PART OF A GANG OR OTHER ORGANIZED CRIMINAL ACTIVITY.

(5) THE CHILD HAD A FIREARM ON OR ABOUT THE CHILD'S PERSON OR UNDER THE CHILD'S CONTROL AT THE TIME OF THE ACT CHARGED, THE ACT CHARGED IS NOT A VIOLATION OF SECTION 2923.12 OF THE REVISED CODE, AND THE CHILD, DURING THE COMMISSION OF THE ACT CHARGED, ALLEGEDLY USED OR DISPLAYED THE FIREARM, BRANDISHED THE FIREARM, OR INDICATED THAT THE CHILD POSSESSED A FIREARM.

(6) AT THE TIME OF THE ACT CHARGED, THE CHILD WAS AWAITING ADJUDICATION OR DISPOSITION AS A DELINQUENT CHILD, WAS UNDER A COMMUNITY CONTROL SANCTION, OR WAS ON PAROLE FOR A PRIOR DELINQUENT CHILD ADJUDICATION OR CONVICTION.

(7) THE RESULTS OF ANY PREVIOUS JUVENILE SANCTIONS AND PROGRAMS INDICATE THAT REHABILITATION OF THE CHILD WILL NOT OCCUR IN THE JUVENILE SYSTEM.

(8) THE CHILD IS EMOTIONALLY, PHYSICALLY, OR PSYCHOLOGICALLY MATURE ENOUGH FOR THE TRANSFER.

(9) THERE IS NOT SUFFICIENT TIME TO REHABILITATE THE CHILD WITHIN THE JUVENILE SYSTEM.

(E) IN CONSIDERING WHETHER TO TRANSFER A CHILD UNDER DIVISION (B) OF THIS SECTION, THE JUVENILE COURT SHALL CONSIDER THE FOLLOWING RELEVANT FACTORS, AND ANY OTHER RELEVANT FACTORS, AGAINST A TRANSFER UNDER THAT DIVISION:

(1) THE VICTIM INDUCED OR FACILITATED THE ACT CHARGED.

(2) THE CHILD ACTED UNDER PROVOCATION IN ALLEGEDLY COMMITTING THE ACT CHARGED.

(3) THE CHILD WAS NOT THE PRINCIPAL ACTOR IN THE ACT CHARGED, OR, AT THE TIME OF THE ACT CHARGED, THE CHILD WAS UNDER THE NEGATIVE INFLUENCE OR COERCION OF ANOTHER PERSON.

(4) THE CHILD DID NOT CAUSE PHYSICAL HARM TO ANY PERSON OR PROPERTY, OR HAVE REASONABLE CAUSE TO BELIEVE THAT HARM OF THAT NATURE WOULD OCCUR, IN ALLEGEDLY COMMITTING THE ACT CHARGED.

(5) THE CHILD PREVIOUSLY HAS NOT BEEN ADJUDICATED A DELINQUENT CHILD.

(6) THE CHILD IS NOT EMOTIONALLY, PHYSICALLY, OR PSYCHOLOGICALLY MATURE ENOUGH FOR THE TRANSFER.

(7) THE CHILD HAS A MENTAL ILLNESS OR IS A MENTALLY RETARDED PERSON.

(8) THERE IS SUFFICIENT TIME TO REHABILITATE THE CHILD WITHIN THE JUVENILE SYSTEM AND THE LEVEL OF SECURITY AVAILABLE IN THE JUVENILE SYSTEM PROVIDES A REASONABLE ASSURANCE OF PUBLIC SAFETY.

(F) If one or more complaints are filed alleging that a child is a delinquent child for committing two or more acts that would be offenses if committed by an adult, if a motion is filed or made alleging that division (B)(2), (3), or (4)(A) of this section applies and requires that the case or cases involving one or more of the acts charged be transferred for criminal prosecution to the appropriate court having jurisdiction over the offense, and if a motion also is filed or made requesting that the case or cases involving one or more of the acts charged be transferred for criminal prosecution to the appropriate court having jurisdiction of the offense pursuant to division (C)(1)(B) of this section, the JUVENILE court, in deciding the motions, shall proceed in the following manner:

(a)(1) Initially, the court shall decide the motion alleging that division (B)(2), (3), or (4)(A) of this section applies and requires that the case or cases involving one or more of the acts charged be transferred for criminal prosecution to the appropriate court having jurisdiction over the offense.

(b)(2) If, pursuant to division (C)(4)(a) of this section, the court determines that division (B)(2), (3), or (4)(A) of this section applies and requires that the case or cases involving one or more of the acts charged be transferred for criminal prosecution to the appropriate court having jurisdiction over the offense, the court shall transfer the case or cases in accordance with the applicable THAT division. After the transfer pursuant to division (B)(2), (3), or (4)(A) of this section, the court shall decide, in accordance with division (C)(4)(b)(B) of this section, whether to grant the motion requesting that the case or cases involving one or more of the acts charged be transferred for criminal prosecution to the appropriate court having jurisdiction of the offense pursuant to THAT division (C)(1) of this section. In making its decision regarding the motion requesting a transfer pursuant to division (C)(1) of this section, the court at a hearing may transfer the subject case to the appropriate court having jurisdiction of the offense if the act charged in the case would be a felony if committed by an adult, if the child was fourteen years of age or older at the time of the act charged, and if there is probable cause to believe that the child committed the act charged. Notwithstanding divisions (C)(1) to (3) DIVISION (B) of this section, prior to transferring a case pursuant to division (C)(4)(b)(A) of this section, the court is not required to consider any factor specified in division (C)(2)(D) OR (E) of this section or to conduct an investigation or make a determination of the type described in UNDER division (C)(1)(c) of this section.

(c)(3) If the court determines pursuant to division (C)(4)(a) of this section, that divisions (B)(2), (3), and (4) DIVISION (A) of this section do DOES not apply and that none of those divisions requires REQUIRE that the case or cases involving one or more of the acts charged be transferred for criminal prosecution to the appropriate court having jurisdiction over the offense, the court shall decide in accordance with divisions (C)(1) to (3) DIVISION (B) of this section whether to grant the motion requesting that the case or cases involving one or more of the acts charged be transferred for criminal prosecution to the appropriate court having jurisdiction of the offense pursuant to division (C)(1) of this section THAT DIVISION.

(D)(G) The court shall give notice in writing of the time, place, and purpose of any hearing held pursuant to division (A) OR (B) or (C) of this section to the child's parents, guardian, or other custodian and to the child's counsel at least three days prior to the hearing.

(E)(H) No person, either before or after reaching eighteen years of age, shall be prosecuted as an adult for an offense committed prior to becoming eighteen years of age, unless the person has been transferred as provided in division (A) OR (B) or (C) of this section or unless division (G)(J) of this section applies. Any prosecution that is had in a criminal court on the mistaken belief that the person who is the subject of the case was eighteen years of age or older at the time of the commission of the offense shall be deemed a nullity, and the person shall not be considered to have been in jeopardy on the offense.

(F)(I) Upon the transfer of a case for criminal prosecution to the appropriate court having jurisdiction of the offense under division (A) OR (B) or (C) of this section, the juvenile court shall state the reasons for the transfer ON THE RECORD, and SHALL order the child to enter into a recognizance with good and sufficient surety for the child's appearance before the appropriate court for any disposition that the court is authorized to make for a similar act committed by an adult. The transfer abates the jurisdiction of the juvenile court with respect to the delinquent acts alleged in the complaint, and, upon the transfer, all further proceedings pertaining to the act charged shall be discontinued in the juvenile court, and the case then shall be within the jurisdiction of the court to which it is transferred as described in division (H) of section 2151.23 of the Revised Code.

(G)(J) If a person under eighteen years of age allegedly commits an act that would be a felony if committed by an adult and if the person is not taken into custody or apprehended for that act until after the person attains twenty-one years of age, the juvenile court does not have jurisdiction to hear or determine any portion of the case charging the person with committing that act. IN THOSE CIRCUMSTANCES, divisions (A) AND (B) and (C) of this section do not apply regarding that THE act, AND the case charging the person with committing that THE act shall be a criminal prosecution commenced and heard in the appropriate court having jurisdiction of the offense as if the person had been eighteen years of age or older when the person committed that THE act, all. ALL proceedings pertaining to that THE act shall be within the jurisdiction of the court having jurisdiction of the offense, and the THAT court having jurisdiction of the offense has all the authority and duties in the case as it has in other criminal cases commenced in that court.

Sec. 2152.13. (A) A JUVENILE COURT MAY IMPOSE A SERIOUS YOUTHFUL OFFENDER DISPOSITIONAL SENTENCE ON A CHILD ONLY IF THE PROSECUTING ATTORNEY OF THE COUNTY IN WHICH THE DELINQUENT ACT ALLEGEDLY OCCURRED INITIATES THE PROCESS AGAINST THE CHILD IN ACCORDANCE WITH THIS DIVISION OR DIVISION (B) OF THIS SECTION, AND THE CHILD IS AN ALLEGED DELINQUENT CHILD WHO IS ELIGIBLE FOR THE DISPOSITIONAL SENTENCE. THE PROSECUTING ATTORNEY MAY INITIATE THE PROCESS IN ANY OF THE FOLLOWING WAYS:

(1) THE CHILD IS INDICTED AS A SERIOUS YOUTHFUL OFFENDER OR IS CHARGED IN A BILL OF INFORMATION AS A SERIOUS YOUTHFUL OFFENDER.

(2) THE ORIGINAL COMPLAINT ALLEGING THAT THE CHILD IS A DELINQUENT CHILD REQUESTS A SERIOUS YOUTHFUL OFFENDER DISPOSITIONAL SENTENCE.

(B) UNLESS THE ORIGINAL COMPLAINT INCLUDES A NOTICE OF INTENT TO SEEK THAT TYPE OF SENTENCE, THE PROSECUTING ATTORNEY SHALL FILE WITH THE JUVENILE COURT A WRITTEN NOTICE OF INTENT TO SEEK A SERIOUS YOUTHFUL OFFENDER DISPOSITIONAL SENTENCE WITHIN TWENTY DAYS AFTER THE LATER OF THE FOLLOWING, UNLESS THE TIME IS EXTENDED BY THE JUVENILE COURT FOR GOOD CAUSE SHOWN:

(1) THE DATE OF THE CHILD'S FIRST JUVENILE COURT HEARING REGARDING THE COMPLAINT;

(2) THE DATE THE JUVENILE COURT DETERMINES NOT TO TRANSFER THE CASE UNDER SECTION 2152.12 OF THE REVISED CODE.

AFTER A WRITTEN NOTICE IS FILED UNDER THIS DIVISION, THE JUVENILE COURT SHALL SERVE A COPY OF THE NOTICE ON THE CHILD AND ADVISE THE CHILD OF THE PROSECUTING ATTORNEY'S INTENT TO SEEK A SERIOUS YOUTHFUL OFFENDER DISPOSITIONAL SENTENCE IN THE CASE.

(C) IF AN ALLEGED DELINQUENT CHILD IS NOT INDICTED OR CHARGED BY INFORMATION AS DESCRIBED IN DIVISION (A) OF THIS SECTION AND IF A NOTICE OR COMPLAINT AS DESCRIBED IN DIVISION (A)(3) OR (B) OF THIS SECTION INDICATES THAT THE PROSECUTING ATTORNEY INTENDS TO PURSUE A SERIOUS YOUTHFUL OFFENDER DISPOSITIONAL SENTENCE IN THE CASE, THE JUVENILE COURT SHALL HOLD A PRELIMINARY HEARING TO DETERMINE IF THERE IS PROBABLE CAUSE THAT THE CHILD COMMITTED THE ACT CHARGED AND IS BY AGE ELIGIBLE FOR, OR REQUIRED TO RECEIVE, A SERIOUS YOUTHFUL OFFENDER DISPOSITIONAL SENTENCE.

(D)(1) A CHILD FOR WHOM A SERIOUS YOUTHFUL OFFENDER DISPOSITIONAL SENTENCE IS SOUGHT HAS THE RIGHT TO A GRAND JURY DETERMINATION OF PROBABLE CAUSE THAT THE CHILD COMMITTED THE ACT CHARGED AND THAT THE CHILD IS ELIGIBLE BY AGE FOR A SERIOUS YOUTHFUL OFFENDER DISPOSITIONAL SENTENCE. THE GRAND JURY MAY BE IMPANELED BY THE COURT OF COMMON PLEAS OR THE JUVENILE COURT.

ONCE A CHILD IS INDICTED, OR CHARGED BY INFORMATION OR THE JUVENILE COURT DETERMINES THAT THE CHILD IS ELIGIBLE FOR A SERIOUS YOUTHFUL OFFENDER DISPOSITIONAL SENTENCE, THE CHILD IS ENTITLED TO AN OPEN AND SPEEDY TRIAL BY JURY IN JUVENILE COURT AND TO BE PROVIDED WITH A TRANSCRIPT OF THE PROCEEDINGS. THE TIME WITHIN WHICH THE TRIAL IS TO BE HELD UNDER TITLE XXIX of the Revised Code COMMENCES ON WHICHEVER OF THE FOLLOWING DATES IS APPLICABLE:

(a) IF THE CHILD IS INDICTED OR CHARGED BY INFORMATION, ON THE DATE OF THE FILING OF THE INDICTMENT OR INFORMATION.

(b) IF THE CHILD IS CHARGED BY AN ORIGINAL COMPLAINT THAT REQUESTS A SERIOUS YOUTHFUL OFFENDER DISPOSITIONAL SENTENCE, ON THE DATE OF THE FILING OF THE COMPLAINT.

(c) IF THE CHILD IS NOT CHARGED BY AN ORIGINAL COMPLAINT THAT REQUESTS A SERIOUS YOUTHFUL OFFENDER DISPOSITIONAL SENTENCE, ON THE DATE THAT THE PROSECUTING ATTORNEY FILES THE WRITTEN NOTICE OF INTENT TO SEEK A SERIOUS YOUTHFUL OFFENDER DISPOSITIONAL SENTENCE.

(2) IF THE CHILD IS DETAINED AWAITING ADJUDICATION, UPON INDICTMENT OR BEING CHARGED BY INFORMATION, THE CHILD HAS THE SAME RIGHT TO BAIL AS AN ADULT CHARGED WITH THE OFFENSE THE ALLEGED DELINQUENT ACT WOULD BE IF COMMITTED BY AN ADULT. EXCEPT AS PROVIDED IN DIVISION (D) OF SECTION 2152.14 OF THE REVISED CODE, ALL PROVISIONS OF TITLE XXIX OF THE REVISED CODE AND THE CRIMINAL RULES SHALL APPLY IN THE CASE AND TO THE CHILD. THE JUVENILE COURT SHALL AFFORD THE CHILD ALL RIGHTS AFFORDED A PERSON WHO IS PROSECUTED FOR COMMITTING A CRIME INCLUDING THE RIGHT TO COUNSEL AND THE RIGHT TO RAISE THE ISSUE OF COMPETENCY. THE CHILD MAY NOT WAIVE THE RIGHT TO COUNSEL.

(E)(1) IF A CHILD IS ADJUDICATED A DELINQUENT CHILD FOR COMMITTING AN ACT UNDER CIRCUMSTANCES THAT REQUIRE THE JUVENILE COURT TO IMPOSE UPON THE CHILD A SERIOUS YOUTHFUL OFFENDER DISPOSITIONAL SENTENCE UNDER SECTION 2152.11 OF THE REVISED CODE, ALL OF THE FOLLOWING APPLY:

(a) THE JUVENILE COURT SHALL IMPOSE UPON THE CHILD A SENTENCE AVAILABLE FOR THE VIOLATION, AS IF THE CHILD WERE AN ADULT, UNDER CHAPTER 2929. OF THE REVISED CODE, EXCEPT THAT THE JUVENILE COURT SHALL NOT IMPOSE ON THE CHILD A SENTENCE OF DEATH OR LIFE IMPRISONMENT WITHOUT PAROLE.

(b)THE JUVENILE COURT ALSO SHALL IMPOSE UPON THE CHILD ONE OR MORE TRADITIONAL JUVENILE DISPOSITIONS UNDER SECTIONS 2152.16 AND 2152.19 OF THE REVISED CODE.

(c) THE JUVENILE COURT SHALL STAY THE ADULT PORTION OF THE SERIOUS YOUTHFUL OFFENDER DISPOSITIONAL SENTENCE PENDING THE SUCCESSFUL COMPLETION OF THE TRADITIONAL JUVENILE DISPOSITIONS IMPOSED.

(2)(a) IF A CHILD IS ADJUDICATED A DELINQUENT CHILD FOR COMMITTING AN ACT UNDER CIRCUMSTANCES THAT ALLOW, BUT DO NOT REQUIRE, THE JUVENILE COURT TO IMPOSE ON THE CHILD A SERIOUS YOUTHFUL OFFENDER DISPOSITIONAL SENTENCE UNDER SECTION 2152.11 OF THE REVISED CODE, ALL OF THE FOLLOWING APPLY:

(i)IF THE JUVENILE COURT ON THE RECORD MAKES A FINDING THAT, GIVEN THE NATURE AND CIRCUMSTANCES OF THE VIOLATION AND THE HISTORY OF THE CHILD, THE LENGTH OF TIME, LEVEL OF SECURITY, AND TYPES OF PROGRAMMING AND RESOURCES AVAILABLE IN THE JUVENILE SYSTEM ALONE ARE NOT ADEQUATE TO PROVIDE THE JUVENILE COURT WITH A REASONABLE EXPECTATION THAT THE PURPOSES SET FORTH IN SECTION 2152.01 OF THE REVISED CODE WILL BE MET, THE JUVENILE COURT MAY IMPOSE UPON THE CHILD A SENTENCE AVAILABLE FOR THE VIOLATION, AS IF THE CHILD WERE AN ADULT, UNDER CHAPTER 2929. OF THE REVISED CODE, EXCEPT THAT THE JUVENILE COURT SHALL NOT IMPOSE ON THE CHILD A SENTENCE OF DEATH OR LIFE IMPRISONMENT WITHOUT PAROLE.

(ii) IF A SENTENCE IS IMPOSED UNDER DIVISION(E)(2)(a)(i) OF THIS SECTION, THE JUVENILE COURT ALSO SHALL IMPOSE UPON THE CHILD ONE OR MORE TRADITIONAL JUVENILE DISPOSITIONS UNDER SECTIONS 2152.16, 2152.19, AND 2152.20 AND, IF APPLICABLE, SECTION 2152.17 OF THE REVISED CODE.

(iii) THE JUVENILE COURT SHALL STAY THE ADULT PORTION OF THE SERIOUS YOUTHFUL OFFENDER DISPOSITIONAL SENTENCE PENDING THE SUCCESSFUL COMPLETION OF THE TRADITIONAL JUVENILE DISPOSITIONS IMPOSED.

(b) IF THE JUVENILE COURT DOES NOT FIND THAT A SENTENCE SHOULD BE IMPOSED UNDER DIVISION(E)(2)(a)(i)OF THIS SECTION, THE JUVENILE COURT MAY IMPOSE ONE OR MORE TRADITIONAL JUVENILE DISPOSITIONS UNDER SECTIONS 2152.16, 2152.19, AND, IF APPLICABLE, SECTION 2152.17 of the Revised Code.

(3)A CHILD UPON WHOM A SERIOUS YOUTHFUL OFFENDER DISPOSITIONAL SENTENCE IS IMPOSED UNDER DIVISION (E)(1) OR (2) OF THIS SECTION HAS A RIGHT TO APPEAL UNDER DIVISION (A)(1), (3), (4), (5), OR (6) OF SECTION 2953.08 OF THEREVISEDCODE THE ADULT PORTION OF THE SERIOUS YOUTHFUL OFFENDER DISPOSITIONAL SENTENCE WHEN ANY OF THOSE DIVISIONS APPLY. THE CHILD MAY APPEAL THE ADULT PORTION, AND THE COURT SHALL CONSIDER THE APPEAL AS IF THE ADULT PORTION WERE NOT STAYED.

Sec. 2152.14. (A)(1) THE DIRECTOR OF YOUTH SERVICES MAY REQUEST THE PROSECUTING ATTORNEY OF THE COUNTY IN WHICH IS LOCATED THE JUVENILE COURT THAT IMPOSED A SERIOUS YOUTHFUL OFFENDER DISPOSITIONAL SENTENCE UPON A PERSON TO FILE A MOTION WITH THAT JUVENILE COURT TO INVOKE THE ADULT PORTION OF THE DISPOSITIONAL SENTENCE IF ALL OF THE FOLLOWING APPLY TO THE PERSON:

(a) THE PERSON IS AT LEAST FOURTEEN YEARS OF AGE.

(b) THE PERSON IS IN THE INSTITUTIONAL CUSTODY, OR AN ESCAPEE FROM THE CUSTODY, OF THE DEPARTMENT OF YOUTH SERVICES.

(c) THE PERSON IS SERVING THE JUVENILE PORTION OF THE SERIOUS YOUTHFUL OFFENDER DISPOSITIONAL SENTENCE.

(2) THE MOTION SHALL STATE THAT THERE IS REASONABLE CAUSE TO BELIEVE THAT EITHER OF THE FOLLOWING MISCONDUCT HAS OCCURRED AND SHALL STATE THAT AT LEAST ONE INCIDENT OF MISCONDUCT OF THAT NATURE OCCURRED AFTER THE PERSON REACHED FOURTEEN YEARS OF AGE:

(a) THE PERSON COMMITTED AN ACT THAT IS A VIOLATION OF THE RULES OF THE INSTITUTION AND THAT COULD BE CHARGED AS ANY FELONY OR AS A FIRST DEGREE MISDEMEANOR OFFENSE OF VIOLENCE IF COMMITTED BY AN ADULT.

(b) THE PERSON HAS ENGAGED IN CONDUCT THAT CREATES A SUBSTANTIAL RISK TO THE SAFETY OR SECURITY OF THE INSTITUTION, THE COMMUNITY, OR THE VICTIM.

(B) IF A PERSON IS AT LEAST FOURTEEN YEARS OF AGE, IS SERVING THE JUVENILE PORTION OF A SERIOUS YOUTHFUL OFFENDER DISPOSITIONAL SENTENCE, AND IS ON PAROLE OR AFTERCARE FROM A DEPARTMENT OF YOUTH SERVICES FACILITY, OR ON COMMUNITY CONTROL, THE DIRECTOR OF YOUTH SERVICES, THE JUVENILE COURT THAT IMPOSED THE SERIOUS YOUTHFUL OFFENDER DISPOSITIONAL SENTENCE ON THE PERSON, OR THE PROBATION DEPARTMENT SUPERVISING THE PERSON MAY REQUEST THE PROSECUTING ATTORNEY OF THE COUNTY IN WHICH IS LOCATED THE JUVENILE COURT TO FILE A MOTION WITH THE JUVENILE COURT TO INVOKE THE ADULT PORTION OF THE DISPOSITIONAL SENTENCE. THE PROSECUTING ATTORNEY MAY FILE A MOTION TO INVOKE THE ADULT PORTION OF THE DISPOSITIONAL SENTENCE EVEN IF NO REQUEST IS MADE. THE MOTION SHALL STATE THAT THERE IS REASONABLE CAUSE TO BELIEVE THAT EITHER OF THE FOLLOWING OCCURRED:

(1) THE PERSON COMMITTED AN ACT THAT IS A VIOLATION OF THE CONDITIONS OF SUPERVISION AND THAT COULD BE CHARGED AS ANY FELONY OR AS A FIRST DEGREE MISDEMEANOR OFFENSE OF VIOLENCE IF COMMITTED BY AN ADULT.

(2) THE PERSON HAS ENGAGED IN CONDUCT THAT CREATES A SUBSTANTIAL RISK TO THE SAFETY OR SECURITY OF THE COMMUNITY OR OF THE VICTIM.

(C) IF THE PROSECUTING ATTORNEY DECLINES A REQUEST TO FILE A MOTION THAT WAS MADE BY THE DEPARTMENT OF YOUTH SERVICES OR THE SUPERVISING PROBATION DEPARTMENT UNDER DIVISION (A) OR (B) OF THIS SECTION OR FAILS TO ACT ON A REQUEST MADE UNDER EITHER DIVISION BY THE DEPARTMENT WITHIN A REASONABLE TIME, THE DEPARTMENT OF YOUTH SERVICES OR THE SUPERVISING PROBATION DEPARTMENT MAY FILE A MOTION OF THE TYPE DESCRIBED IN DIVISION (A) OR (B) OF THIS SECTION WITH THE JUVENILE COURT TO INVOKE THE ADULT PORTION OF THE SERIOUS YOUTHFUL OFFENDER DISPOSITIONAL SENTENCE. IF THE PROSECUTING ATTORNEY DECLINES A REQUEST TO FILE A MOTION THAT WAS MADE BY THE JUVENILE COURT UNDER DIVISION (B) OF THIS SECTION OR FAILS TO ACT ON A REQUEST FROM THE COURT UNDER THAT DIVISION WITHIN A REASONABLE TIME, THE JUVENILE COURT MAY HOLD THE HEARING DESCRIBED IN DIVISION (D) OF THIS SECTION ON ITS OWN MOTION.

(D) UPON THE FILING OF A MOTION DESCRIBED IN DIVISION (A), (B), OR (C) OF THIS SECTION, THE JUVENILE COURT MAY HOLD A HEARING TO DETERMINE WHETHER TO INVOKE THE ADULT PORTION OF A PERSON'S SERIOUS JUVENILE OFFENDER DISPOSITIONAL SENTENCE. THE JUVENILE COURT SHALL NOT INVOKE THE ADULT PORTION OF THE DISPOSITIONAL SENTENCE WITHOUT A HEARING. AT THE HEARING THE PERSON WHO IS THE SUBJECT OF THE SERIOUS YOUTHFUL OFFENDER DISPOSITION HAS THE RIGHT TO BE PRESENT, TO RECEIVE NOTICE OF THE GROUNDS UPON WHICH THE ADULT SENTENCE PORTION IS SOUGHT TO BE INVOKED, TO BE REPRESENTED BY COUNSEL INCLUDING COUNSEL APPOINTED UNDER JUVENILE RULE 4(A), TO BE ADVISED ON THE PROCEDURES AND PROTECTIONS SET FORTH IN THE JUVENILE RULES, AND TO PRESENT EVIDENCE ON THE PERSON'S OWN BEHALF, INCLUDING EVIDENCE THAT THE PERSON HAS A MENTAL ILLNESS OR IS A MENTALLY RETARDED PERSON. THE PERSON MAY NOT WAIVE THE RIGHT TO COUNSEL. THE HEARING SHALL BE OPEN TO THE PUBLIC. IF THE PERSON PRESENTS EVIDENCE THAT THE PERSON HAS A MENTAL ILLNESS OR IS A MENTALLY RETARDED PERSON, THE JUVENILE COURT SHALL CONSIDER THAT EVIDENCE IN DETERMINING WHETHER TO INVOKE THE ADULT PORTION OF THE SERIOUS YOUTHFUL OFFENDER DISPOSITIONAL SENTENCE.

(E) THE JUVENILE COURT MAY INVOKE THE ADULT PORTION OF A PERSON'S SERIOUS YOUTHFUL OFFENDER DISPOSITIONAL SENTENCE IF THE JUVENILE COURT FINDS ALL OF THE FOLLOWING ON THE RECORD BY CLEAR AND CONVINCING EVIDENCE:

(1) THE PERSON IS SERVING THE JUVENILE PORTION OF A SERIOUS YOUTHFUL OFFENDER DISPOSITIONAL SENTENCE.

(2) THE PERSON IS AT LEAST FOURTEEN YEARS OF AGE AND HAS BEEN ADMITTED TO A DEPARTMENT OF YOUTH SERVICES FACILITY, OR CRIMINAL CHARGES ARE PENDING AGAINST THE PERSON.

(3) THE PERSON ENGAGED IN THE CONDUCT OR ACTS CHARGED UNDER DIVISION (A), (B), OR (C) OF THIS SECTION, AND THE PERSON'S CONDUCT DEMONSTRATES THAT THE PERSON IS UNLIKELY TO BE REHABILITATED DURING THE REMAINING PERIOD OF JUVENILE JURISDICTION.

(F) IF A JUVENILE COURT ISSUES AN ORDER INVOKING THE ADULT PORTION OF A SERIOUS YOUTHFUL OFFENDER DISPOSITIONAL SENTENCE UNDER DIVISION (E) OF THIS SECTION, THE JUVENILE PORTION OF THE DISPOSITIONAL SENTENCE SHALL TERMINATE, AND THE DEPARTMENT OF YOUTH SERVICES SHALL TRANSFER THE PERSON TO THE DEPARTMENT OF REHABILITATION AND CORRECTION OR PLACE THE PERSON UNDER ANOTHER SANCTION IMPOSED AS PART OF THE SENTENCE. THE JUVENILE COURT SHALL STATE IN ITS ORDER THE TOTAL NUMBER OF DAYS THAT THE PERSON HAS BEEN HELD IN DETENTION OR IN A FACILITY OPERATED BY, OR UNDER CONTRACT WITH, THE DEPARTMENT OF YOUTH SERVICES UNDER THE JUVENILE PORTION OF THE DISPOSITIONAL SENTENCE. THE TIME THE PERSON MUST SERVE ON A PRISON TERM IMPOSED UNDER THE ADULT PORTION OF THE DISPOSITIONAL SENTENCE SHALL BE REDUCED BY THE TOTAL NUMBER OF DAYS SPECIFIED IN THE ORDER PLUS ANY ADDITIONAL DAYS THE PERSON IS HELD IN A JUVENILE FACILITY OR IN DETENTION AFTER THE ORDER IS ISSUED AND BEFORE THE PERSON IS TRANSFERRED TO THE CUSTODY OF THE DEPARTMENT OF REHABILITATION AND CORRECTION. IN NO CASE SHALL THE TOTAL PRISON TERM AS CALCULATED UNDER THIS DIVISION EXCEED THE MAXIMUM PRISON TERM AVAILABLE FOR AN ADULT WHO IS CONVICTED OF VIOLATING THE SAME SECTIONS of the Revised Code.

ANY COMMUNITY CONTROL IMPOSED AS PART OF THE ADULT SENTENCE OR AS A CONDITION OF A JUDICIAL RELEASE FROM PRISON SHALL BE UNDER THE SUPERVISION OF THE ENTITY THAT PROVIDES ADULT PROBATION SERVICES IN THE COUNTY. ANY POST-RELEASE CONTROL IMPOSED AFTER THE OFFENDER OTHERWISE IS RELEASED FROM PRISON SHALL BE SUPERVISED BY THE ADULT PAROLE AUTHORITY.

Sec. 2152.16. (A)(1) IF A CHILD IS ADJUDICATED A DELINQUENT CHILD FOR COMMITTING AN ACT THAT WOULD BE A FELONY IF COMMITTED BY AN ADULT, THE JUVENILE COURT MAY COMMIT THE CHILD TO THE LEGAL CUSTODY OF THE DEPARTMENT OF YOUTH SERVICES FOR SECURE CONFINEMENT AS FOLLOWS:

(a) FOR AN ACT THAT WOULD BE AGGRAVATED MURDER OR MURDER IF COMMITTED BY AN ADULT, UNTIL THE OFFENDER ATTAINS TWENTY-ONE YEARS OF AGE;

(b) FOR A VIOLATION OF SECTION 2923.02 OF THE REVISED CODE THAT INVOLVES AN ATTEMPT TO COMMIT AN ACT THAT WOULD BE AGGRAVATED MURDER OR MURDER IF COMMITTED BY AN ADULT, A MINIMUM PERIOD OF SIX TO SEVEN YEARS AS PRESCRIBED BY THE COURT AND A MAXIMUM PERIOD NOT TO EXCEED THE CHILD'S ATTAINMENT OF TWENTY-ONE YEARS OF AGE;

(c) FOR A VIOLATION OF SECTION 2903.03, 2905.01, 2909.02, OR 2911.01 OR DIVISION (A) OF SECTION 2903.04 OF THE REVISED CODE OR FOR A VIOLATION OF ANY PROVISION OF SECTION 2907.02 OF THE REVISED CODE OTHER THAN DIVISION(A)(1)(b)OF THAT SECTION WHEN THE SEXUAL CONDUCT OR INSERTION INVOLVED WAS CONSENSUAL AND WHEN THE VICTIM OF THE VIOLATION OF DIVISION(A)(1)(b) OF THAT SECTION WAS OLDER THAN THE DELINQUENT CHILD, WAS THE SAME AGE AS THE DELINQUENT CHILD, OR WAS LESS THAN THREE YEARS YOUNGER THAN THE DELINQUENT CHILD, FOR AN INDEFINITE TERM CONSISTING OF A MINIMUM PERIOD OF ONE TO THREE YEARS, AS PRESCRIBED BY THE COURT, AND A MAXIMUM PERIOD NOT TO EXCEED THE CHILD'S ATTAINMENT OF TWENTY-ONE YEARS OF AGE;

(d) IF THE CHILD IS ADJUDICATED A DELINQUENT CHILD FOR COMMITTING AN ACT THAT IS NOT DESCRIBED IN DIVISION(A)(1)(b)OR (c) OF THIS SECTION AND THAT WOULD BE A FELONY OF THE FIRST OR SECOND DEGREE IF COMMITTED BY AN ADULT, FOR AN INDEFINITE TERM CONSISTING OF A MINIMUM PERIOD OF ONE YEAR AND A MAXIMUM PERIOD NOT TO EXCEED THE CHILD'S ATTAINMENT OF TWENTY-ONE YEARS OF AGE.

(e) FOR COMMITTING AN ACT THAT WOULD BE A FELONY OF THE THIRD, FOURTH, OR FIFTH DEGREE IF COMMITTED BY AN ADULT OR FOR A VIOLATION OF DIVISION (A) OF SECTION 2923.211 OF THE REVISED CODE, FOR AN INDEFINITE TERM CONSISTING OF A MINIMUM PERIOD OF SIX MONTHS AND A MAXIMUM PERIOD NOT TO EXCEED THE CHILD'S ATTAINMENT OF TWENTY-ONE YEARS OF AGE.

(2) IN EACH CASE IN WHICH A COURT MAKES A DISPOSITION UNDER THIS SECTION, THE COURT RETAINS CONTROL OVER THE COMMITMENT FOR THE MINIMUM PERIOD SPECIFIED BY THE COURT IN DIVISIONS (A)(1)(a) TO (e) OF THIS SECTION. DURING THE PERIOD OF COURT CONTROL, THE DEPARTMENT OF YOUTH SERVICES SHALL NOT MOVE THE CHILD TO A NONSECURE SETTING WITHOUT THE PERMISSION OF THE COURT THAT IMPOSED THE DISPOSITION.

(B) IF A DELINQUENT CHILD IS COMMITTED TO THE DEPARTMENT OF YOUTH SERVICES UNDER THIS SECTION, THE DEPARTMENT MAY RELEASE THE CHILD AT ANY TIME AFTER THE PERIOD OF COURT CONTROL IMPOSED UNDER DIVISION (A)(1) OF THIS SECTION ENDS.

(C) IF A CHILD IS ADJUDICATED A DELINQUENT CHILD, AT THE DISPOSITIONAL HEARING AND PRIOR TO MAKING ANY DISPOSITION PURSUANT TO THIS SECTION, THE COURT SHALL DETERMINE WHETHER THE DELINQUENT CHILD PREVIOUSLY HAS BEEN ADJUDICATED A DELINQUENT CHILD FOR A VIOLATION OF A LAW OR ORDINANCE. IF THE DELINQUENT CHILD PREVIOUSLY HAS BEEN ADJUDICATED A DELINQUENT CHILD FOR A VIOLATION OF A LAW OR ORDINANCE, THE COURT, FOR PURPOSES OF ENTERING AN ORDER OF DISPOSITION OF THE DELINQUENT CHILD UNDER THIS SECTION, SHALL CONSIDER THE PREVIOUS DELINQUENT CHILD ADJUDICATION AS A CONVICTION OF A VIOLATION OF THE LAW OR ORDINANCE IN DETERMINING THE DEGREE OF THE OFFENSE THE CURRENT ACT WOULD BE HAD IT BEEN COMMITTED BY AN ADULT. THIS DIVISION ALSO SHALL APPLY IN RELATION TO THE IMPOSITION OF ANY FINANCIAL SANCTION UNDER SECTION 2152.19 of the Revised Code.

Sec. 2152.17. (A) SUBJECT TO DIVISION (D) OF THIS SECTION, IF A CHILD IS ADJUDICATED A DELINQUENT CHILD FOR COMMITTING AN ACT, OTHER THAN A VIOLATION OF SECTION 2923.12 of the Revised Code, THAT WOULD BE A FELONY IF COMMITTED BY AN ADULT AND IF THE COURT DETERMINES THAT, IF THE CHILD WAS AN ADULT, THE CHILD WOULD BE GUILTY OF A SPECIFICATION OF THE TYPE SET FORTH IN SECTION 2941.141, 2941.144, 2941.145, OR 2941.146 of the Revised Code, IN ADDITION TO ANY COMMITMENT OR OTHER DISPOSITION THE COURT IMPOSES FOR THE UNDERLYING DELINQUENT ACT, ALL OF THE FOLLOWING APPLY:

(1) IF THE COURT DETERMINES THAT THE CHILD WOULD BE GUILTY OF A SPECIFICATION OF THE TYPE SET FORTH IN SECTION 2941.141 of the Revised Code, THE COURT MAY COMMIT THE CHILD TO THE DEPARTMENT OF YOUTH SERVICES FOR THE SPECIFICATION FOR A DEFINITE PERIOD OF UP TO ONE YEAR.

(2) IF THE COURT DETERMINES THAT THE CHILD WOULD BE GUILTY OF A SPECIFICATION OF THE TYPE SET FORTH IN SECTION 2941.145 of the Revised Code, THE COURT SHALL COMMIT THE CHILD TO THE DEPARTMENT OF YOUTH SERVICES FOR THE SPECIFICATION FOR A DEFINITE PERIOD OF NOT LESS THAN ONE AND NOT MORE THAN THREE YEARS, AND THE COURT ALSO SHALL COMMIT THE CHILD TO THE DEPARTMENT FOR THE UNDERLYING DELINQUENT ACT UNDER SECTIONS 2152.11 TO 2152.16 of the Revised Code.

(3) IF THE COURT DETERMINES THAT THE CHILD WOULD BE GUILTY OF A SPECIFICATION OF THE TYPE SET FORTH IN SECTION 2941.144 OR 2941.146 OF THE REVISED CODE, THE COURT SHALL COMMIT THE CHILD TO THE DEPARTMENT OF YOUTH SERVICES FOR THE SPECIFICATION FOR A DEFINITE PERIOD OF NOT LESS THAN ONE AND NOT MORE THAN FIVE YEARS, AND THE COURT ALSO SHALL COMMIT THE CHILD TO THE DEPARTMENT FOR THE UNDERLYING DELINQUENT ACT UNDER SECTIONS 2152.11 TO 2152.16 OF THE REVISED CODE.

(B) DIVISION (A) OF THIS SECTION ALSO APPLIES TO A CHILD WHO IS AN ACCOMPLICE TO THE SAME EXTENT THE FIREARM SPECIFICATIONS WOULD APPLY TO AN ADULT ACCOMPLICE IN A CRIMINAL PROCEEDING.

(C) IF A CHILD IS ADJUDICATED A DELINQUENT CHILD FOR COMMITTING AN ACT THAT WOULD BE AGGRAVATED MURDER, MURDER, OR A FIRST, SECOND, OR THIRD DEGREE FELONY OFFENSE OF VIOLENCE IF COMMITTED BY AN ADULT AND IF THE COURT DETERMINES THAT, IF THE CHILD WAS AN ADULT, THE CHILD WOULD BE GUILTY OF A SPECIFICATION OF THE TYPE SET FORTH IN SECTION 2941.142 of the Revised Code IN RELATION TO THE ACT FOR WHICH THE CHILD WAS ADJUDICATED A DELINQUENT CHILD, THE COURT SHALL COMMIT THE CHILD FOR THE SPECIFICATION TO THE LEGAL CUSTODY OF THE DEPARTMENT OF YOUTH SERVICES FOR INSTITUTIONALIZATION IN A SECURE FACILITY FOR A DEFINITE PERIOD OF NOT LESS THAN ONE AND NOT MORE THAN THREE YEARS, SUBJECT TO DIVISION (D) OF THIS SECTION, AND THE COURT ALSO SHALL COMMIT THE CHILD TO THE DEPARTMENT FOR THE UNDERLYING DELINQUENT ACT.

(D) THE COURT SHALL NOT COMMIT A CHILD TO THE LEGAL CUSTODY OF THE DEPARTMENT OF YOUTH SERVICES FOR A SPECIFICATION PURSUANT TO THIS SECTION FOR A PERIOD THAT EXCEEDS FIVE YEARS FOR ANY ONE DELINQUENT ACT. ANY COMMITMENT IMPOSED PURSUANT TO DIVISION (A), (B), OR (C) OF THIS SECTION SHALL BE IN ADDITION TO, AND SHALL BE SERVED CONSECUTIVELY WITH AND PRIOR TO, A PERIOD OF COMMITMENT ORDERED UNDER THIS CHAPTER FOR THE UNDERLYING DELINQUENT ACT , AND EACH COMMITMENT IMPOSED PURSUANT TO DIVISION (A), (B), OR (C) OF THIS SECTION SHALL BE IN ADDITION TO, AND SHALL BE SERVED CONSECUTIVELY WITH, ANY OTHER PERIOD OF COMMITMENT IMPOSED UNDER THOSE DIVISIONS. IF A COMMITMENT IS IMPOSED UNDER DIVISION (A) OR (B) OF THIS SECTION AND A COMMITMENT ALSO IS IMPOSED UNDER DIVISION (C) OF THIS SECTION, THE PERIOD IMPOSED UNDER DIVISION (A) OR (B) OF THIS SECTION SHALL BE SERVED PRIOR TO THE PERIOD IMPOSED UNDER DIVISION (C) OF THIS SECTION.

THE TOTAL OF ALL THE PERIODS OF COMMITMENT IMPOSED FOR ANY SPECIFICATION UNDER THIS SECTION AND FOR THE UNDERLYING OFFENSE SHALL NOT EXCEED THE CHILD'S ATTAINMENT OF TWENTY-ONE YEARS OF AGE.

(E) IF A CHILD IS ADJUDICATED A DELINQUENT CHILD FOR COMMITTING TWO OR MORE ACTS THAT WOULD BE FELONIES IF COMMITTED BY AN ADULT AND IF THE COURT ENTERING THE DELINQUENT CHILD ADJUDICATION ORDERS THE COMMITMENT OF THE CHILD FOR TWO OR MORE OF THOSE ACTS TO THE LEGAL CUSTODY OF THE DEPARTMENT OF YOUTH SERVICES FOR INSTITUTIONALIZATION IN A SECURE FACILITY PURSUANT TO SECTION 2152.13 OR 2152.16 of the Revised Code, THE COURT MAY ORDER THAT ALL OF THE PERIODS OF COMMITMENT IMPOSED UNDER THOSE SECTIONS FOR THOSE ACTS BE SERVED CONSECUTIVELY IN THE LEGAL CUSTODY OF THE DEPARTMENT OF YOUTH SERVICES, PROVIDED THAT THOSE PERIODS OF COMMITMENT SHALL BE IN ADDITION TO AND COMMENCE IMMEDIATELY FOLLOWING THE EXPIRATION OF A PERIOD OF COMMITMENT THAT THE COURT IMPOSES PURSUANT TO DIVISION (A), (B), OR (C) OF THIS SECTION. A COURT SHALL NOT COMMIT A DELINQUENT CHILD TO THE LEGAL CUSTODY OF THE DEPARTMENT OF YOUTH SERVICES UNDER THIS DIVISION FOR A PERIOD THAT EXCEEDS THE CHILD'S ATTAINMENT OF TWENTY-ONE YEARS OF AGE.

(F) IF A CHILD IS ADJUDICATED A DELINQUENT CHILD FOR COMMITTING AN ACT THAT IF COMMITTED BY AN ADULT WOULD BE AGGRAVATED MURDER, MURDER, RAPE, FELONIOUS SEXUAL PENETRATION IN VIOLATION OF FORMER SECTION 2907.12 OF THE REVISED CODE, INVOLUNTARY MANSLAUGHTER, A FELONY OF THE FIRST OR SECOND DEGREE RESULTING IN THE DEATH OF OR PHYSICAL HARM TO A PERSON, COMPLICITY IN OR AN ATTEMPT TO COMMIT ANY OF THOSE OFFENSES, OR AN OFFENSE UNDER AN EXISTING OR FORMER LAW OF THIS STATE THAT IS OR WAS SUBSTANTIALLY EQUIVALENT TO ANY OF THOSE OFFENSES AND IF THE COURT IN ITS ORDER OF DISPOSITION FOR THAT ACT COMMITS THE CHILD TO THE CUSTODY OF THE DEPARTMENT OF YOUTH SERVICES, THE ADJUDICATION SHALL BE CONSIDERED A CONVICTION FOR PURPOSES OF A FUTURE DETERMINATION PURSUANT TO CHAPTER 2929. OF THE REVISED CODE AS TO WHETHER THE CHILD, AS AN ADULT, IS A REPEAT VIOLENT OFFENDER.

Sec. 2152.18. (A) WHEN A JUVENILE COURT COMMITS A DELINQUENT CHILD TO THE CUSTODY OF THE DEPARTMENT OF YOUTH SERVICES PURSUANT TO THIS CHAPTER, THE COURT SHALL NOT DESIGNATE THE SPECIFIC INSTITUTION IN WHICH THE DEPARTMENT IS TO PLACE THE CHILD BUT INSTEAD SHALL SPECIFY THAT THE CHILD IS TO BE INSTITUTIONALIZED IN A SECURE FACILITY.

(B) WHEN A JUVENILE COURT COMMITS A DELINQUENT CHILD TO THE CUSTODY OF THE DEPARTMENT OF YOUTH SERVICES PURSUANT TO THIS CHAPTER, THE COURT SHALL STATE IN THE ORDER OF COMMITMENT THE TOTAL NUMBER OF DAYS THAT THE CHILD HAS BEEN HELD IN DETENTION IN CONNECTION WITH THE DELINQUENT CHILD COMPLAINT UPON WHICH THE ORDER OF COMMITMENT IS BASED. THE DEPARTMENT SHALL REDUCE THE MINIMUM PERIOD OF INSTITUTIONALIZATION THAT WAS ORDERED BY BOTH THE TOTAL NUMBER OF DAYS THAT THE CHILD HAS BEEN SO HELD IN DETENTION AS STATED BY THE COURT IN THE ORDER OF COMMITMENT AND THE TOTAL NUMBER OF ANY ADDITIONAL DAYS THAT THE CHILD HAS BEEN HELD IN DETENTION SUBSEQUENT TO THE ORDER OF COMMITMENT BUT PRIOR TO THE TRANSFER OF PHYSICAL CUSTODY OF THE CHILD TO THE DEPARTMENT.

(C)(1) WHEN A JUVENILE COURT COMMITS A DELINQUENT CHILD TO THE CUSTODY OF THE DEPARTMENT OF YOUTH SERVICES PURSUANT TO THIS CHAPTER, THE COURT SHALL PROVIDE THE DEPARTMENT WITH THE CHILD'S MEDICAL RECORDS, A COPY OF THE REPORT OF ANY MENTAL EXAMINATION OF THE CHILD ORDERED BY THE COURT, THE REVISED CODE SECTION OR SECTIONS THE CHILD VIOLATED AND THE DEGREE OF EACH VIOLATION, THE WARRANT TO CONVEY THE CHILD TO THE DEPARTMENT, A COPY OF THE COURT'S JOURNAL ENTRY ORDERING THE COMMITMENT OF THE CHILD TO THE LEGAL CUSTODY OF THE DEPARTMENT, A COPY OF THE ARREST RECORD PERTAINING TO THE ACT FOR WHICH THE CHILD WAS ADJUDICATED A DELINQUENT CHILD, A COPY OF ANY VICTIM IMPACT STATEMENT PERTAINING TO THE ACT, AND ANY OTHER INFORMATION CONCERNING THE CHILD THAT THE DEPARTMENT REASONABLY REQUESTS. THE COURT ALSO SHALL COMPLETE THE FORM FOR THE STANDARD PREDISPOSITION INVESTIGATION REPORT THAT THE DEPARTMENT FURNISHES PURSUANT TO SECTION 5139.04 OF THE REVISED CODE AND PROVIDE THE DEPARTMENT WITH THE COMPLETED FORM.

THE DEPARTMENT MAY REFUSE TO ACCEPT PHYSICAL CUSTODY OF A DELINQUENT CHILD WHO IS COMMITTED TO THE LEGAL CUSTODY OF THE DEPARTMENT UNTIL THE COURT PROVIDES TO THE DEPARTMENT THE DOCUMENTS SPECIFIED IN THIS DIVISION. NO OFFICER OR EMPLOYEE OF THE DEPARTMENT WHO REFUSES TO ACCEPT PHYSICAL CUSTODY OF A DELINQUENT CHILD WHO IS COMMITTED TO THE LEGAL CUSTODY OF THE DEPARTMENT SHALL BE SUBJECT TO PROSECUTION OR CONTEMPT OF COURT FOR THE REFUSAL IF THE COURT FAILS TO PROVIDE THE DOCUMENTS SPECIFIED IN THIS DIVISION AT THE TIME THE COURT TRANSFERS THE PHYSICAL CUSTODY OF THE CHILD TO THE DEPARTMENT.

(2) WITHIN TWENTY WORKING DAYS AFTER THE DEPARTMENT OF YOUTH SERVICES RECEIVES PHYSICAL CUSTODY OF A DELINQUENT CHILD FROM A JUVENILE COURT, THE COURT SHALL PROVIDE THE DEPARTMENT WITH A CERTIFIED COPY OF THE CHILD'S BIRTH CERTIFICATE AND THE CHILD'S SOCIAL SECURITY NUMBER OR, IF THE COURT MADE ALL REASONABLE EFFORTS TO OBTAIN THE INFORMATION BUT WAS UNSUCCESSFUL, WITH DOCUMENTATION OF THE EFFORTS IT MADE TO OBTAIN THE INFORMATION.

(D)(1) WITHIN TEN DAYS AFTER AN ADJUDICATION THAT A CHILD IS A DELINQUENT CHILD, THE COURT SHALL GIVE WRITTEN NOTICE OF THE ADJUDICATION TO THE SUPERINTENDENT OF A CITY, LOCAL, EXEMPTED VILLAGE, OR JOINT VOCATIONAL SCHOOL DISTRICT, AND TO THE PRINCIPAL OF THE SCHOOL THE CHILD ATTENDS, IF THE BASIS OF THE ADJUDICATION WAS THE COMMISSION OF AN ACT THAT WOULD BE A CRIMINAL OFFENSE IF COMMITTED BY AN ADULT, IF THE ACT WAS COMMITTED BY THE DELINQUENT CHILD WHEN THE CHILD WAS FOURTEEN YEARS OF AGE OR OLDER, AND IF THE ACT IS ANY OF THE FOLLOWING:

(a) AN ACT THAT WOULD BE A FELONY OR AN OFFENSE OF VIOLENCE IF COMMITTED BY AN ADULT, AN ACT IN THE COMMISSION OF WHICH THE CHILD USED OR BRANDISHED A FIREARM, OR AN ACT THAT IS A VIOLATION OF SECTION 2907.06, 2907.07, 2907.08, 2907.09, 2907.24, OR 2907.241 OF THE REVISED CODE AND THAT WOULD BE A MISDEMEANOR IF COMMITTED BY AN ADULT;

(b) A VIOLATION OF SECTION 2923.12 OF THE REVISED CODE OR OF A SUBSTANTIALLY SIMILAR MUNICIPAL ORDINANCE THAT WOULD BE A MISDEMEANOR IF COMMITTED BY AN ADULT AND THAT WAS COMMITTED ON PROPERTY OWNED OR CONTROLLED BY, OR AT AN ACTIVITY HELD UNDER THE AUSPICES OF, THE BOARD OF EDUCATION OF THAT SCHOOL DISTRICT;

(c) A VIOLATION OF DIVISION (A) OF SECTION 2925.03 OR 2925.11 OF THE REVISED CODE THAT WOULD BE A MISDEMEANOR IF COMMITTED BY AN ADULT, THAT WAS COMMITTED ON PROPERTY OWNED OR CONTROLLED BY, OR AT AN ACTIVITY HELD UNDER THE AUSPICES OF, THE BOARD OF EDUCATION OF THAT SCHOOL DISTRICT, AND THAT IS NOT A MINOR DRUG POSSESSION OFFENSE;

(d) AN ACT THAT WOULD BE A CRIMINAL OFFENSE IF COMMITTED BY AN ADULT AND THAT RESULTS IN SERIOUS PHYSICAL HARM TO PERSONS OR SERIOUS PHYSICAL HARM TO PROPERTY WHILE THE CHILD IS AT SCHOOL, ON ANY OTHER PROPERTY OWNED OR CONTROLLED BY THE BOARD, OR AT AN INTERSCHOLASTIC COMPETITION, AN EXTRACURRICULAR EVENT, OR ANY OTHER SCHOOL PROGRAM OR ACTIVITY;

(e) COMPLICITY IN ANY VIOLATION DESCRIBED IN DIVISION (D)(1)(a), (b), (c), OR (d) OF THIS SECTION THAT WAS ALLEGED TO HAVE BEEN COMMITTED IN THE MANNER DESCRIBED IN DIVISION (D)(1)(a), (b), (c), OR (d) OF THIS SECTION, REGARDLESS OF WHETHER THE ACT OF COMPLICITY WAS COMMITTED ON PROPERTY OWNED OR CONTROLLED BY, OR AT AN ACTIVITY HELD UNDER THE AUSPICES OF, THE BOARD OF EDUCATION OF THAT SCHOOL DISTRICT.

(2) THE NOTICE GIVEN PURSUANT TO DIVISION (K)(1) OF THIS SECTION SHALL INCLUDE THE NAME OF THE CHILD WHO WAS ADJUDICATED TO BE A DELINQUENT CHILD, THE CHILD'S AGE AT THE TIME THE CHILD COMMITTED THE ACT THAT WAS THE BASIS OF THE ADJUDICATION, AND IDENTIFICATION OF THE VIOLATION OF THE LAW OR ORDINANCE THAT WAS THE BASIS OF THE ADJUDICATION.

(3) WITHIN FOURTEEN DAYS AFTER COMMITTING A DELINQUENT CHILD TO THE CUSTODY OF THE DEPARTMENT OF YOUTH SERVICES, THE COURT SHALL GIVE NOTICE TO THE SCHOOL ATTENDED BY THE CHILD OF THE CHILD'S COMMITMENT BY SENDING TO THAT SCHOOL A COPY OF THE COURT'S JOURNAL ENTRY ORDERING THE COMMITMENT. AS SOON AS POSSIBLE AFTER RECEIPT OF THE NOTICE DESCRIBED IN THIS DIVISION, THE SCHOOL SHALL PROVIDE THE DEPARTMENT WITH THE CHILD'S SCHOOL TRANSCRIPT. HOWEVER, THE DEPARTMENT SHALL NOT REFUSE TO ACCEPT A CHILD COMMITTED TO IT, AND A CHILD COMMITTED TO IT SHALL NOT BE HELD IN A COUNTY OR DISTRICT DETENTION FACILITY, BECAUSE OF A SCHOOL'S FAILURE TO PROVIDE THE SCHOOL TRANSCRIPT THAT IT IS REQUIRED TO PROVIDE UNDER THIS DIVISION.

(4) WITHIN FOURTEEN DAYS AFTER RELEASING A CHILD FROM AN INSTITUTION UNDER ITS CONTROL, THE DEPARTMENT OF YOUTH SERVICES SHALL PROVIDE THE COURT AND THE SCHOOL WITH AN UPDATED COPY OF THE CHILD'S SCHOOL TRANSCRIPT AND A SUMMARY OF THE INSTITUTIONAL RECORD OF THE CHILD. THE DEPARTMENT ALSO SHALL PROVIDE THE COURT WITH A COPY OF ANY PORTION OF THE CHILD'S INSTITUTIONAL RECORD THAT THE COURT SPECIFICALLY REQUESTS, WITHIN FIVE WORKING DAYS OF THE REQUEST.

(E) AT ANY HEARING AT WHICH A CHILD IS ADJUDICATED A DELINQUENT CHILD OR AS SOON AS POSSIBLE AFTER THE HEARING, THE COURT SHALL NOTIFY ALL VICTIMS OF THE DELINQUENT ACT WHO MAY BE ENTITLED TO A RECOVERY UNDER ANY OF THE FOLLOWING SECTIONS OF THE RIGHT OF THE VICTIMS TO RECOVER, PURSUANT TO SECTION 3109.09 OF THE REVISED CODE, COMPENSATORY DAMAGES FROM THE CHILD'S PARENTS; OF THE RIGHT OF THE VICTIMS TO RECOVER, PURSUANT TO SECTION 3109.10 OF THE REVISED CODE, COMPENSATORY DAMAGES FROM THE CHILD'S PARENTS FOR WILLFUL AND MALICIOUS ASSAULTS COMMITTED BY THE CHILD; AND OF THE RIGHT OF THE VICTIMS TO RECOVER AN AWARD OF REPARATIONS PURSUANT TO SECTIONS 2743.51 TO 2743.72 OF THE REVISED CODE.

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;

(3) 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) COMMIT THE CHILD TO THE CUSTODY OF THE COURT;

(5) 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)(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) 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) 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) 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. 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.

(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.

Sec. 2152.20. (A) IF A CHILD IS ADJUDICATED A DELINQUENT CHILD OR A JUVENILE TRAFFIC OFFENDER, THE COURT MAY ORDER ANY OF THE FOLLOWING DISPOSITIONS, IN ADDITION TO ANY OTHER DISPOSITION AUTHORIZED OR REQUIRED BY THIS CHAPTER:

(1) IMPOSE A FINE IN ACCORDANCE WITH THE FOLLOWING SCHEDULE:

(a) FOR AN ACT THAT WOULD BE A MINOR MISDEMEANOR OR AN UNCLASSIFIED MISDEMEANOR IF COMMITTED BY AN ADULT, A FINE NOT TO EXCEED FIFTY DOLLARS;

(b) FOR AN ACT THAT WOULD BE A MISDEMEANOR OF THE FOURTH DEGREE IF COMMITTED BY AN ADULT, A FINE NOT TO EXCEED ONE HUNDRED DOLLARS;

(c) FOR AN ACT THAT WOULD BE A MISDEMEANOR OF THE THIRD DEGREE IF COMMITTED BY AN ADULT, A FINE NOT TO EXCEED ONE HUNDRED FIFTY DOLLARS;

(d) FOR AN ACT THAT WOULD BE A MISDEMEANOR OF THE SECOND DEGREE IF COMMITTED BY AN ADULT, A FINE NOT TO EXCEED TWO HUNDRED DOLLARS;

(e) FOR AN ACT THAT WOULD BE A MISDEMEANOR OF THE FIRST DEGREE IF COMMITTED BY AN ADULT, A FINE NOT TO EXCEED TWO HUNDRED FIFTY DOLLARS;

(f) FOR AN ACT THAT WOULD BE A FELONY OF THE FIFTH DEGREE OR AN UNCLASSIFIED FELONY IF COMMITTED BY AN ADULT, A FINE NOT TO EXCEED THREE HUNDRED DOLLARS;

(g) FOR AN ACT THAT WOULD BE A FELONY OF THE FOURTH DEGREE IF COMMITTED BY AN ADULT, A FINE NOT TO EXCEED FOUR HUNDRED DOLLARS;

(h) FOR AN ACT THAT WOULD BE A FELONY OF THE THIRD DEGREE IF COMMITTED BY AN ADULT, A FINE NOT TO EXCEED SEVEN HUNDRED FIFTY DOLLARS;

(i) FOR AN ACT THAT WOULD BE A FELONY OF THE SECOND DEGREE IF COMMITTED BY AN ADULT, A FINE NOT TO EXCEED ONE THOUSAND DOLLARS;

(j) FOR AN ACT THAT WOULD BE A FELONY OF THE FIRST DEGREE IF COMMITTED BY AN ADULT, A FINE NOT TO EXCEED ONE THOUSAND FIVE HUNDRED DOLLARS;

(k) FOR AN ACT THAT WOULD BE AGGRAVATED MURDER OR MURDER IF COMMITTED BY AN ADULT, A FINE NOT TO EXCEED TWO THOUSAND DOLLARS.

(2) REQUIRE THE CHILD TO PAY COSTS;

(3) REQUIRE THE CHILD TO MAKE RESTITUTION TO THE VICTIM OF THE CHILD'S DELINQUENT ACT OR, IF THE VICTIM IS DECEASED, TO A SURVIVOR OF THE VICTIM IN AN AMOUNT BASED UPON THE VICTIM'S ECONOMIC LOSS CAUSED BY OR RELATED TO THE DELINQUENT ACT. RESTITUTION REQUIRED UNDER THIS DIVISION SHALL BE MADE DIRECTLY TO THE VICTIM IN OPEN COURT OR TO THE PROBATION DEPARTMENT THAT SERVES THE JURISDICTION OR THE CLERK OF COURTS ON BEHALF OF THE VICTIM. THE RESTITUTION MAY INCLUDE REIMBURSEMENT TO THIRD PARTIES, OTHER THAN THE DELINQUENT CHILD'S INSURER, FOR AMOUNTS PAID TO THE VICTIM OR TO ANY SURVIVOR OF THE VICTIM FOR ECONOMIC LOSS RESULTING FROM THE DELINQUENT ACT. IF REIMBURSEMENT TO A THIRD PARTY IS REQUIRED, THE REIMBURSEMENT SHALL BE MADE TO ANY GOVERNMENTAL AGENCY TO REPAY ANY AMOUNTS THE AGENCY PAID TO THE VICTIM OR ANY SURVIVOR OF THE VICTIM BEFORE ANY REIMBURSEMENT IS MADE TO ANY OTHER PERSON.

RESTITUTION REQUIRED UNDER THIS DIVISION MAY BE IN THE FORM OF A CASH REIMBURSEMENT PAID IN A LUMP SUM OR IN INSTALLMENTS, THE PERFORMANCE OF REPAIR WORK TO RESTORE ANY DAMAGED PROPERTY TO ITS ORIGINAL CONDITION, THE PERFORMANCE OF A REASONABLE AMOUNT OF LABOR FOR THE VICTIM OR SURVIVOR OF THE VICTIM, THE PERFORMANCE OF COMMUNITY SERVICE WORK, ANY OTHER FORM OF RESTITUTION DEVISED BY THE COURT, OR ANY COMBINATION OF THE PREVIOUSLY DESCRIBED FORMS OF RESTITUTION.

THE COURT MAY BASE THE RESTITUTION ORDER UNDER THIS DIVISION ON AN AMOUNT RECOMMENDED BY THE VICTIM OR SURVIVOR OF THE VICTIM, THE DELINQUENT CHILD, A PRESENTENCE INVESTIGATION REPORT, ESTIMATES OR RECEIPTS INDICATING THE COST OF REPAIRING OR REPLACING PROPERTY, AND ANY OTHER INFORMATION. IF THE AMOUNT OF THE RESTITUTION IS DISPUTED BY THE VICTIM OR SURVIVOR OR BY THE DELINQUENT CHILD, THE COURT SHALL HOLD A HEARING ON THE RESTITUTION. THE COURT SHALL DETERMINE, OR ORDER THE DETERMINATION OF, THE AMOUNT OF RESTITUTION TO BE PAID BY THE DELINQUENT CHILD. ALL RESTITUTION PAYMENTS SHALL BE CREDITED AGAINST ANY RECOVERY OF ECONOMIC LOSS IN A CIVIL ACTION BROUGHT BY OR ON BEHALF OF THE VICTIM AGAINST THE DELINQUENT CHILD OR THE DELINQUENT CHILD'S PARENT, GUARDIAN, OR OTHER CUSTODIAN.

THE COURT MAY ORDER THAT THE DELINQUENT CHILD PAY A SURCHARGE, IN AN AMOUNT NOT EXCEEDING FIVE PER CENT OF THE AMOUNT OF RESTITUTION OTHERWISE ORDERED UNDER THIS DIVISION, TO THE ENTITY RESPONSIBLE FOR COLLECTING AND PROCESSING THE RESTITUTION PAYMENTS.

THE VICTIM OR THE SURVIVOR OF THE VICTIM MAY REQUEST THAT THE PROSECUTING AUTHORITY FILE A MOTION, OR THE DELINQUENT CHILD MAY FILE A MOTION, FOR MODIFICATION OF THE PAYMENT TERMS OF ANY RESTITUTION ORDERED UNDER THIS DIVISION, BASED ON A SUBSTANTIAL CHANGE IN THE DELINQUENT CHILD'S ABILITY TO PAY.

(4) REQUIRE THE CHILD TO REIMBURSE ANY OR ALL OF THE COSTS INCURRED FOR SERVICES OR SANCTIONS PROVIDED OR IMPOSED, INCLUDING, BUT NOT LIMITED TO, THE FOLLOWING:

(a) ALL OR PART OF THE COSTS OF IMPLEMENTING ANY COMMUNITY CONTROL IMPOSED AS A DISPOSITION UNDER SECTION 2152.19 of the Revised Code, INCLUDING A SUPERVISION FEE;

(b) ALL OR PART OF THE COSTS OF CONFINEMENT IN A RESIDENTIAL FACILITY DESCRIBED IN SECTION 2152.19 of the Revised Code OR IN A DEPARTMENT OF YOUTH SERVICES INSTITUTION, INCLUDING, BUT NOT LIMITED TO, A PER DIEM FEE FOR ROOM AND BOARD, THE COSTS OF MEDICAL AND DENTAL TREATMENT PROVIDED, AND THE COSTS OF REPAIRING PROPERTY THE DELINQUENT CHILD DAMAGED WHILE SO CONFINED. THE AMOUNT OF REIMBURSEMENT ORDERED FOR A CHILD UNDER THIS DIVISION SHALL NOT EXCEED THE TOTAL AMOUNT OF REIMBURSEMENT THE CHILD IS ABLE TO PAY AS DETERMINED AT A HEARING AND SHALL NOT EXCEED THE ACTUAL COST OF THE CONFINEMENT. THE COURT MAY COLLECT ANY REIMBURSEMENT ORDERED UNDER THIS DIVISION. IF THE COURT DOES NOT ORDER REIMBURSEMENT UNDER THIS DIVISION, CONFINEMENT COSTS MAY BE ASSESSED PURSUANT TO A REPAYMENT POLICY ADOPTED UNDER DIVISION (E) OF SECTION 307.93, DIVISION (A) OF SECTION 341.06, DIVISION (D) OF SECTION 341.23, OR DIVISION (C) OF SECTION 753.02, 753.04, 2301.56, OR 2947.19 of the Revised Code.

(B)(1) IF A CHILD IS ADJUDICATED A DELINQUENT CHILD FOR VIOLATING SECTION 2923.32 of the Revised Code, THE COURT SHALL ENTER AN ORDER OF CRIMINAL FORFEITURE AGAINST THE CHILD IN ACCORDANCE WITH DIVISIONS (B)(3), (4), (5), AND (6) AND (C) TO (F) OF SECTION 2923.32 OF THE REVISED CODE.

(2) SECTIONS 2925.41 TO 2925.45 OF THE REVISED CODE APPLY TO CHILDREN WHO ARE ADJUDICATED OR COULD BE ADJUDICATED BY A JUVENILE COURT TO BE DELINQUENT CHILDREN FOR AN ACT THAT, IF COMMITTED BY AN ADULT, WOULD BE A FELONY DRUG ABUSE OFFENSE. SUBJECT TO DIVISION (B) OF SECTION 2925.42 AND DIVISION (E) OF SECTION 2925.43 OF THE REVISED CODE, A DELINQUENT CHILD OF THAT NATURE LOSES ANY RIGHT TO THE POSSESSION OF, AND FORFEITS TO THE STATE ANY RIGHT, TITLE, AND INTEREST THAT THE DELINQUENT CHILD MAY HAVE IN, PROPERTY AS DEFINED IN SECTION 2925.41 of the Revised Code AND FURTHER DESCRIBED IN SECTION 2925.42 OR 2925.43 OF THE REVISED CODE.

(3) SECTIONS 2923.44 TO 2923.47 OF THE REVISED CODE APPLY TO CHILDREN WHO ARE ADJUDICATED OR COULD BE ADJUDICATED BY A JUVENILE COURT TO BE DELINQUENT CHILDREN FOR AN ACT IN VIOLATION OF SECTION 2923.42 OF THE REVISED CODE. SUBJECT TO DIVISION (B) OF SECTION 2923.44 AND DIVISION (E) OF SECTION 2923.45 OF THE REVISED CODE, A DELINQUENT CHILD OF THAT NATURE LOSES ANY RIGHT TO THE POSSESSION OF, AND FORFEITS TO THE STATE ANY RIGHT, TITLE, AND INTEREST THAT THE DELINQUENT CHILD MAY HAVE IN, PROPERTY AS DEFINED IN SECTION 2923.41 of the Revised Code AND FURTHER DESCRIBED IN SECTION 2923.44 OR 2923.45 of the Revised Code.

(C) THE COURT MAY HOLD A HEARING IF NECESSARY TO DETERMINE WHETHER A CHILD IS ABLE TO PAY A SANCTION UNDER THIS SECTION.

(D) IF A CHILD WHO IS ADJUDICATED A DELINQUENT CHILD IS INDIGENT, THE COURT SHALL CONSIDER IMPOSING A TERM OF COMMUNITY SERVICE UNDER DIVISION (A) OF SECTION 2152.19 of the Revised Code IN LIEU OF IMPOSING A FINANCIAL SANCTION UNDER THIS SECTION. IF A CHILD WHO IS ADJUDICATED A DELINQUENT CHILD IS NOT INDIGENT, THE COURT MAY IMPOSE A TERM OF COMMUNITY SERVICE UNDER THAT DIVISION IN LIEU OF, OR IN ADDITION TO, IMPOSING A FINANCIAL SANCTION UNDER THIS SECTION. THE COURT MAY ORDER COMMUNITY SERVICE FOR AN ACT THAT IF COMMITTED BY AN ADULT WOULD BE A MINOR MISDEMEANOR.

IF A CHILD FAILS TO PAY A FINANCIAL SANCTION IMPOSED UNDER THIS SECTION, THE COURT MAY IMPOSE A TERM OF COMMUNITY SERVICE IN LIEU OF THE SANCTION.

(E) THE CLERK OF THE COURT, OR ANOTHER PERSON AUTHORIZED BY LAW OR BY THE COURT TO COLLECT A FINANCIAL SANCTION IMPOSED UNDER THIS SECTION, MAY DO ANY OF THE FOLLOWING:

(1) ENTER INTO CONTRACTS WITH ONE OR MORE PUBLIC AGENCIES OR PRIVATE VENDORS FOR THE COLLECTION OF THE AMOUNTS DUE UNDER THE FINANCIAL SANCTION, WHICH AMOUNTS MAY INCLUDE INTEREST FROM THE DATE OF IMPOSITION OF THE FINANCIAL SANCTION;

(2) PERMIT PAYMENT OF ALL, OR ANY PORTION OF, THE FINANCIAL SANCTION IN INSTALLMENTS, BY CREDIT OR DEBIT CARD, BY ANOTHER TYPE OF ELECTRONIC TRANSFER, OR BY ANY OTHER REASONABLE METHOD, WITHIN ANY PERIOD OF TIME, AND ON ANY TERMS THAT THE COURT CONSIDERS JUST, EXCEPT THAT THE MAXIMUM TIME PERMITTED FOR PAYMENT SHALL NOT EXCEED FIVE YEARS. THE CLERK MAY PAY ANY FEE ASSOCIATED WITH PROCESSING AN ELECTRONIC TRANSFER OUT OF PUBLIC MONEY AND MAY CHARGE THE FEE TO THE DELINQUENT CHILD.

(3) TO DEFRAY ADMINISTRATIVE COSTS, CHARGE A REASONABLE FEE TO A CHILD WHO ELECTS A PAYMENT PLAN RATHER THAN A LUMP SUM PAYMENT OF A FINANCIAL SANCTION.

Sec. 2151.356 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 a fine and costs AND ONE OR MORE FINANCIAL SANCTIONS in accordance with the schedule set forth in section 2151.3512 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 the A DEFINITE period that the court prescribes 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) Revoke the child's driver's license, probationary driver's license, or temporary instruction permit or the registration of all motor vehicles registered in the name of the child. A child whose license or permit is so revoked is ineligible for issuance of a license or permit during the period of revocation. At the end of the period of revocation, the child shall not be reissued a license or permit until the child has paid any applicable reinstatement fee and complied with all requirements governing license reinstatement.

(4) Place the child on probation COMMUNITY CONTROL;

(5)(4) Require the child to make restitution for all damages caused by the child's traffic violation or any part of the damages;

(6)(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 comparable 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 home FACILITY or district detention home FACILITY established under section 2151.34 2152.41 of the Revised Code, or to;

(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 2151.34 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. If

(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)(6)(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.

(7)(6) If, after making a disposition under divisions (A)(1) to (6) (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), (A)(2)(3), (A)(10) to (11)(4), and (A)(22)(7) of section 2151.355 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)(6)(5) of this section, and commitment to or placement in a detention home 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 or revoke the temporary instruction permit, probationary driver's license, or driver's license issued to the child for a DEFINITE period of time prescribed by the court 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. If a child is adjudicated a juvenile traffic offender for violating division (B) of section 4511.19 of the Revised Code, the court shall suspend the temporary instruction permit, probationary driver's license, or driver's license issued to the child for a period of not less than sixty days nor more than two years.

(C) If a child is adjudicated a juvenile traffic offender for violating division (B)(1) or (2) of section 4513.263 of the Revised Code, the court shall impose the appropriate fine set forth in section 4513.99 of the Revised Code. If a child is adjudicated a juvenile traffic offender for violating division (B)(3) of section 4513.263 of the Revised Code and if the child is sixteen years of age or older, the court shall impose the fine set forth in division (G) of section 4513.99 of the Revised Code. If a child is adjudicated a juvenile traffic offender for violating division (B)(3) of section 4513.263 of the Revised Code and if the child is under sixteen years of age, the court shall not impose a fine but may place the child on probation OR COMMUNITY CONTROL.

(D) A juvenile traffic offender is subject to sections 4509.01 to 4509.78 of the Revised Code.

Sec. 2152.22. (A) WHEN A CHILD IS COMMITTED TO THE LEGAL CUSTODY OF THE DEPARTMENT OF YOUTH SERVICES UNDER THIS CHAPTER, THE JUVENILE COURT RELINQUISHES CONTROL WITH RESPECT TO THE CHILD SO COMMITTED, EXCEPT AS PROVIDED IN DIVISIONS (B), (C), AND (G) OF THIS SECTION. SUBJECT TO DIVISIONS (B) AND (C) OF THIS SECTION, SECTIONS 2151.353 AND 2151.412 TO 2151.421 OF THE REVISED CODE, AND ANY OTHER PROVISION OF LAW THAT SPECIFIES A DIFFERENT DURATION FOR A DISPOSITIONAL ORDER, ALL OTHER DISPOSITIONAL ORDERS MADE BY THE COURT UNDER THIS CHAPTER SHALL BE TEMPORARY AND SHALL CONTINUE FOR A PERIOD THAT IS DESIGNATED BY THE COURT IN ITS ORDER, UNTIL TERMINATED OR MODIFIED BY THE COURT OR UNTIL THE CHILD ATTAINS TWENTY-ONE YEARS OF AGE.

THE DEPARTMENT SHALL NOT RELEASE THE CHILD FROM A DEPARTMENT FACILITY AND AS A RESULT SHALL NOT DISCHARGE THE CHILD OR ORDER THE CHILD'S RELEASE ON SUPERVISED RELEASE PRIOR TO THE EXPIRATION OF THE PERIOD OF COURT CONTROL OVER THE CHILD OR PRIOR TO THE CHILD'S ATTAINMENT OF TWENTY-ONE YEARS OF AGE, EXCEPT UPON THE ORDER OF A COURT PURSUANT TO DIVISION (B) OR (C) OF THIS SECTION OR IN ACCORDANCE WITH SECTION 5139.54 OF THE REVISED CODE.

(B)(1) THE COURT THAT COMMITS A DELINQUENT CHILD TO THE DEPARTMENT MAY GRANT JUDICIAL RELEASE OF THE CHILD TO COURT SUPERVISION UNDER THIS DIVISION, DURING ANY OF THE FOLLOWING PERIODS THAT ARE APPLICABLE, PROVIDED ANY COMMITMENT IMPOSED UNDER DIVISION (A), (B), OR (C) OF SECTION 2152.17 of the Revised Code HAS ENDED:

(a) IF THE CHILD WAS GIVEN A DISPOSITION UNDER SECTION 2152.16 of the Revised Code FOR COMMITTING AN ACT THAT WOULD BE A FELONY OF THE THIRD, FOURTH, OR FIFTH DEGREE IF COMMITTED BY AN ADULT, AT ANY TIME DURING THE FIRST NINETY DAYS OF THE PERIOD OF COURT CONTROL OVER THE CHILD;

(b) IF THE CHILD WAS GIVEN A DISPOSITION UNDER SECTION 2152.13 OR 2152.16 of the Revised Code, OR BOTH OF THOSE SECTIONS, FOR COMMITTING AN ACT THAT WOULD BE A FELONY OF THE FIRST OR SECOND DEGREE IF COMMITTED BY AN ADULT, AT ANY TIME DURING THE FIRST ONE HUNDRED EIGHTY DAYS OF THE PERIOD OF COURT CONTROL OVER THE CHILD;

(c) IF THE CHILD WAS COMMITTED TO THE DEPARTMENT UNTIL THE CHILD ATTAINS TWENTY-ONE YEARS OF AGE FOR AN ACT THAT WOULD BE AGGRAVATED MURDER OR MURDER IF COMMITTED BY AN ADULT, AT ANY TIME DURING THE FIRST HALF OF THE PRESCRIBED PERIOD OF THAT COMMITMENT OF THE CHILD.

(2) IF THE DEPARTMENT OF YOUTH SERVICES DESIRES TO RELEASE A CHILD DURING A PERIOD SPECIFIED IN DIVISION (B)(1) OF THIS SECTION, IT SHALL REQUEST THE COURT THAT COMMITTED THE CHILD TO GRANT A JUDICIAL RELEASE OF THE CHILD TO COURT SUPERVISION. DURING WHICHEVER OF THOSE PERIODS IS APPLICABLE, THE CHILD OR THE PARENTS OF THE CHILD ALSO MAY REQUEST THAT COURT TO GRANT A JUDICIAL RELEASE OF THE CHILD TO COURT SUPERVISION. UPON RECEIPT OF A REQUEST FOR A JUDICIAL RELEASE TO COURT SUPERVISION FROM THE DEPARTMENT, THE CHILD, OR THE CHILD'S PARENT, OR UPON ITS OWN MOTION, THE COURT THAT COMMITTED THE CHILD SHALL DO ONE OF THE FOLLOWING: APPROVE THE RELEASE BY JOURNAL ENTRY; SCHEDULE WITHIN THIRTY DAYS AFTER THE REQUEST IS RECEIVED A TIME FOR A HEARING ON WHETHER THE CHILD IS TO BE RELEASED; OR REJECT THE REQUEST BY JOURNAL ENTRY WITHOUT CONDUCTING A HEARING.

IF THE COURT REJECTS AN INITIAL REQUEST FOR A RELEASE UNDER THIS DIVISION BY THE CHILD OR THE CHILD'S PARENT, THE CHILD OR THE CHILD'S PARENT MAY MAKE ONE ADDITIONAL REQUEST FOR A JUDICIAL RELEASE TO COURT SUPERVISION WITHIN THE APPLICABLE PERIOD. THE ADDITIONAL REQUEST MAY BE MADE NO EARLIER THAN THIRTY DAYS AFTER THE FILING OF THE PRIOR REQUEST FOR A JUDICIAL RELEASE TO COURT SUPERVISION. UPON THE FILING OF A SECOND REQUEST FOR A JUDICIAL RELEASE TO COURT SUPERVISION, THE COURT SHALL EITHER APPROVE OR DISAPPROVE THE RELEASE BY JOURNAL ENTRY OR SCHEDULE WITHIN THIRTY DAYS AFTER THE REQUEST IS RECEIVED A TIME FOR A HEARING ON WHETHER THE CHILD IS TO BE RELEASED.

(3) IF A COURT SCHEDULES A HEARING UNDER DIVISION (B)(2) OF THIS SECTION, IT MAY ORDER THE DEPARTMENT TO DELIVER THE CHILD TO THE COURT ON THE DATE SET FOR THE HEARING AND MAY ORDER THE DEPARTMENT TO PRESENT TO THE COURT A REPORT ON THE CHILD'S PROGRESS IN THE INSTITUTION TO WHICH THE CHILD WAS COMMITTED AND RECOMMENDATIONS FOR CONDITIONS OF SUPERVISION OF THE CHILD BY THE COURT AFTER RELEASE. THE COURT MAY CONDUCT THE HEARING WITHOUT THE CHILD BEING PRESENT. THE COURT SHALL DETERMINE AT THE HEARING WHETHER THE CHILD SHOULD BE GRANTED A JUDICIAL RELEASE TO COURT SUPERVISION.

IF THE COURT APPROVES THE RELEASE, IT SHALL ORDER ITS STAFF TO PREPARE A WRITTEN TREATMENT AND REHABILITATION PLAN FOR THE CHILD THAT MAY INCLUDE ANY CONDITIONS OF THE CHILD'S RELEASE THAT WERE RECOMMENDED BY THE DEPARTMENT AND APPROVED BY THE COURT. THE COMMITTING COURT SHALL SEND THE JUVENILE COURT OF THE COUNTY IN WHICH THE CHILD IS PLACED A COPY OF THE RECOMMENDED PLAN. THE COURT OF THE COUNTY IN WHICH THE CHILD IS PLACED MAY ADOPT THE RECOMMENDED CONDITIONS SET BY THE COMMITTING COURT AS AN ORDER OF THE COURT AND MAY ADD ANY ADDITIONAL CONSISTENT CONDITIONS IT CONSIDERS APPROPRIATE. IF A CHILD IS GRANTED A JUDICIAL RELEASE TO COURT SUPERVISION, THE RELEASE DISCHARGES THE CHILD FROM THE CUSTODY OF THE DEPARTMENT OF YOUTH SERVICES.

(C)(1) THE COURT THAT COMMITS A DELINQUENT CHILD TO THE DEPARTMENT MAY GRANT JUDICIAL RELEASE OF THE CHILD TO DEPARTMENT OF YOUTH SERVICES SUPERVISION UNDER THIS DIVISION, DURING ANY OF THE FOLLOWING PERIODS THAT ARE APPLICABLE, PROVIDED ANY COMMITMENT IMPOSED UNDER DIVISION (A), (B), OR (C) OF SECTION 2152.17 OF THE REVISED CODE HAS ENDED:

(a) IF THE CHILD WAS GIVEN A DISPOSITION UNDER SECTION 2152.16 of the Revised Code FOR AN ACT THAT WOULD BE A FELONY OF THE THIRD, FOURTH, OR FIFTH DEGREE IF COMMITTED BY AN ADULT, AT ANY TIME DURING THE PERIOD OF COURT CONTROL OVER THE CHILD, PROVIDED THAT AT LEAST NINETY DAYS OF THAT PERIOD HAVE ELAPSED;

(b) IF THE CHILD WAS GIVEN A DISPOSITION UNDER SECTION 2152.13 OR 2152.16 of the Revised Code, OR BOTH OF THOSE SECTIONS, FOR AN ACT THAT WOULD BE A FELONY OF THE FIRST OR SECOND DEGREE IF COMMITTED BY AN ADULT, AT ANY TIME DURING THE PERIOD OF COURT CONTROL OVER THE CHILD, PROVIDED THAT AT LEAST ONE HUNDRED EIGHTY DAYS OF THAT PERIOD HAVE ELAPSED;

(c) IF THE CHILD WAS COMMITTED TO THE DEPARTMENT FOR AN ACT THAT WOULD BE AGGRAVATED MURDER OR MURDER IF COMMITTED BY AN ADULT UNTIL THE CHILD ATTAINS TWENTY-ONE YEARS OF AGE, AT ANY TIME DURING THE SECOND HALF OF THE PRESCRIBED PERIOD OF THAT COMMITMENT OF THE CHILD.

(2) IF THE DEPARTMENT OF YOUTH SERVICES DESIRES TO RELEASE A CHILD DURING A PERIOD SPECIFIED IN DIVISION (C)(1) OF THIS SECTION, IT SHALL REQUEST THE COURT THAT COMMITTED THE CHILD TO GRANT A JUDICIAL RELEASE TO DEPARTMENT OF YOUTH SERVICES SUPERVISION. DURING WHICHEVER OF THOSE PERIODS IS APPLICABLE, THE CHILD OR THE CHILD'S PARENT ALSO MAY REQUEST THE COURT THAT COMMITTED THE CHILD TO GRANT A JUDICIAL RELEASE TO DEPARTMENT OF YOUTH SERVICES SUPERVISION. UPON RECEIPT OF A REQUEST FOR JUDICIAL RELEASE TO DEPARTMENT OF YOUTH SERVICES SUPERVISION, THE CHILD, OR THE CHILD'S PARENT, OR UPON ITS OWN MOTION AT ANY TIME DURING THAT PERIOD, THE COURT SHALL DO ONE OF THE FOLLOWING: APPROVE THE RELEASE BY JOURNAL ENTRY; SCHEDULE A TIME WITHIN THIRTY DAYS AFTER RECEIPT OF THE REQUEST FOR A HEARING ON WHETHER THE CHILD IS TO BE RELEASED; OR REJECT THE REQUEST BY JOURNAL ENTRY WITHOUT CONDUCTING A HEARING.

IF THE COURT REJECTS AN INITIAL REQUEST FOR RELEASE UNDER THIS DIVISION BY THE CHILD OR THE CHILD'S PARENT, THE CHILD OR THE CHILD'S PARENT MAY MAKE ONE OR MORE SUBSEQUENT REQUESTS FOR A RELEASE WITHIN THE APPLICABLE PERIOD, BUT MAY MAKE NO MORE THAN ONE REQUEST DURING EACH PERIOD OF NINETY DAYS THAT THE CHILD IS IN A SECURE DEPARTMENT FACILITY AFTER THE FILING OF A PRIOR REQUEST FOR EARLY RELEASE. UPON THE FILING OF A REQUEST FOR RELEASE UNDER THIS DIVISION SUBSEQUENT TO AN INITIAL REQUEST, THE COURT SHALL EITHER APPROVE OR DISAPPROVE THE RELEASE BY JOURNAL ENTRY OR SCHEDULE A TIME WITHIN THIRTY DAYS AFTER RECEIPT OF THE REQUEST FOR A HEARING ON WHETHER THE CHILD IS TO BE RELEASED.

(3) IF A COURT SCHEDULES A HEARING UNDER DIVISION (C)(2) OF THIS SECTION, IT MAY ORDER THE DEPARTMENT TO DELIVER THE CHILD TO THE COURT ON THE DATE SET FOR THE HEARING AND SHALL ORDER THE DEPARTMENT TO PRESENT TO THE COURT AT THAT TIME A TREATMENT PLAN FOR THE CHILD'S POST-INSTITUTIONAL CARE. THE COURT MAY CONDUCT THE HEARING WITHOUT THE CHILD BEING PRESENT. THE COURT SHALL DETERMINE AT THE HEARING WHETHER THE CHILD SHOULD BE GRANTED A JUDICIAL RELEASE TO DEPARTMENT OF YOUTH SERVICES SUPERVISION.

IF THE COURT APPROVES THE JUDICIAL RELEASE TO DEPARTMENT OF YOUTH SERVICES SUPERVISION, THE DEPARTMENT SHALL PREPARE A WRITTEN TREATMENT AND REHABILITATION PLAN FOR THE CHILD PURSUANT TO DIVISION (E) OF THIS SECTION THAT SHALL INCLUDE THE CONDITIONS OF THE CHILD'S RELEASE. IT SHALL SEND THE COMMITTING COURT AND THE JUVENILE COURT OF THE COUNTY IN WHICH THE CHILD IS PLACED A COPY OF THE PLAN. THE COURT OF THE COUNTY IN WHICH THE CHILD IS PLACED MAY ADOPT THE CONDITIONS SET BY THE DEPARTMENT AS AN ORDER OF THE COURT AND MAY ADD ANY ADDITIONAL CONSISTENT CONDITIONS IT CONSIDERS APPROPRIATE, PROVIDED THAT THE COURT MAY NOT ADD ANY CONDITION THAT DECREASES THE LEVEL OR DEGREE OF SUPERVISION SPECIFIED BY THE DEPARTMENT IN ITS PLAN, THAT SUBSTANTIALLY INCREASES THE FINANCIAL BURDEN OF SUPERVISION THAT WILL BE EXPERIENCED BY THE DEPARTMENT, OR THAT ALTERS THE PLACEMENT SPECIFIED BY THE DEPARTMENT IN ITS PLAN. IF THE COURT OF THE COUNTY IN WHICH THE CHILD IS PLACED ADDS TO THE DEPARTMENT'S PLAN ANY ADDITIONAL CONDITIONS, IT SHALL ENTER THOSE ADDITIONAL CONDITIONS IN ITS JOURNAL AND SHALL SEND TO THE DEPARTMENT A COPY OF THE JOURNAL ENTRY OF THE ADDITIONAL CONDITIONS.

IF THE COURT APPROVES THE JUDICIAL RELEASE TO DEPARTMENT OF YOUTH SERVICES SUPERVISION, THE ACTUAL DATE ON WHICH THE DEPARTMENT SHALL RELEASE THE CHILD IS CONTINGENT UPON THE DEPARTMENT FINDING A SUITABLE PLACEMENT FOR THE CHILD. IF THE CHILD IS TO BE RETURNED TO THE CHILD'S HOME, THE DEPARTMENT SHALL RETURN THE CHILD ON THE DATE THAT THE COURT SCHEDULES FOR THE CHILD'S RELEASE OR SHALL BEAR THE EXPENSE OF ANY ADDITIONAL TIME THAT THE CHILD REMAINS IN A DEPARTMENT FACILITY. IF THE CHILD IS UNABLE TO RETURN TO THE CHILD'S HOME, THE DEPARTMENT SHALL EXERCISE REASONABLE DILIGENCE IN FINDING A SUITABLE PLACEMENT FOR THE CHILD, AND THE CHILD SHALL REMAIN IN A DEPARTMENT FACILITY WHILE THE DEPARTMENT FINDS THE SUITABLE PLACEMENT.

(D) IF A CHILD IS RELEASED UNDER DIVISION (B) OR (C) OF THIS SECTION AND THE COURT OF THE COUNTY IN WHICH THE CHILD IS PLACED HAS REASON TO BELIEVE THAT THE CHILD'S DEPORTMENT IS NOT IN ACCORDANCE WITH THE CONDITIONS OF THE CHILD'S JUDICIAL RELEASE, THE COURT OF THE COUNTY IN WHICH THE CHILD IS PLACED SHALL SCHEDULE A TIME FOR A HEARING TO DETERMINE WHETHER THE CHILD VIOLATED ANY OF THE POST-RELEASE CONDITIONS, AND, IF THE CHILD WAS RELEASED UNDER DIVISION (C) OF THIS SECTION, DIVISIONS (A) TO (E) OF SECTION 5139.52 OF THE REVISED CODE APPLY REGARDING THE CHILD.

IF THAT COURT DETERMINES AT THE HEARING THAT THE CHILD VIOLATED ANY OF THE POST-RELEASE CONDITIONS, THE COURT, IF IT DETERMINES THAT THE VIOLATION WAS A SERIOUS VIOLATION, MAY ORDER THE CHILD TO BE RETURNED TO THE DEPARTMENT FOR INSTITUTIONALIZATION, CONSISTENT WITH THE ORIGINAL ORDER OF COMMITMENT OF THE CHILD, OR IN ANY CASE MAY MAKE ANY OTHER DISPOSITION OF THE CHILD AUTHORIZED BY LAW THAT THE COURT CONSIDERS PROPER. IF THE COURT OF THE COUNTY IN WHICH THE CHILD IS PLACED ORDERS THE CHILD TO BE RETURNED TO A DEPARTMENT OF YOUTH SERVICES INSTITUTION, THE TIME DURING WHICH THE CHILD WAS HELD IN A SECURE DEPARTMENT FACILITY PRIOR TO THE CHILD'S JUDICIAL RELEASE SHALL BE CONSIDERED AS TIME SERVED IN FULFILLING THE PRESCRIBED PERIOD OF INSTITUTIONALIZATION THAT IS APPLICABLE TO THE CHILD UNDER THE CHILD'S ORIGINAL ORDER OF COMMITMENT. IF THE COURT ORDERS THE CHILD RETURNED TO A DEPARTMENT INSTITUTION, THE CHILD SHALL REMAIN IN INSTITUTIONAL CARE FOR A MINIMUM OF THREE MONTHS OR UNTIL THE CHILD SUCCESSFULLY COMPLETES A REVOCATION PROGRAM OF A DURATION OF NOT LESS THAN THIRTY DAYS OPERATED EITHER BY THE DEPARTMENT OR BY AN ENTITY WITH WHICH THE DEPARTMENT HAS CONTRACTED TO PROVIDE A REVOCATION PROGRAM.

(E) THE DEPARTMENT OF YOUTH SERVICES, PRIOR TO THE RELEASE OF A CHILD PURSUANT TO DIVISION (C) OF THIS SECTION, SHALL DO ALL OF THE FOLLOWING:

(1) AFTER REVIEWING THE CHILD'S REHABILITATIVE PROGRESS HISTORY AND MEDICAL AND EDUCATIONAL RECORDS, PREPARE A WRITTEN TREATMENT AND REHABILITATION PLAN FOR THE CHILD THAT INCLUDES CONDITIONS OF THE RELEASE;

(2) COMPLETELY DISCUSS THE CONDITIONS OF THE PLAN PREPARED PURSUANT TO DIVISION (E)(1) OF THIS SECTION AND THE POSSIBLE PENALTIES FOR VIOLATION OF THE PLAN WITH THE CHILD AND THE CHILD'S PARENTS, GUARDIAN, OR LEGAL CUSTODIAN;

(3) HAVE THE PLAN PREPARED PURSUANT TO DIVISION (E)(1) OF THIS SECTION SIGNED BY THE CHILD, THE CHILD'S PARENTS, LEGAL GUARDIAN, OR CUSTODIAN, AND ANY AUTHORITY OR PERSON THAT IS TO SUPERVISE, CONTROL, AND PROVIDE SUPPORTIVE ASSISTANCE TO THE CHILD AT THE TIME OF THE CHILD'S RELEASE PURSUANT TO DIVISION (C) OF THIS SECTION;

(4) PRIOR TO THE CHILD'S RELEASE, FILE A COPY OF THE TREATMENT PLAN PREPARED PURSUANT TO DIVISION (E)(1) OF THIS SECTION WITH THE COMMITTING COURT AND THE JUVENILE COURT OF THE COUNTY IN WHICH THE CHILD IS TO BE PLACED.

(F) THE DEPARTMENT OF YOUTH SERVICES SHALL FILE A WRITTEN PROGRESS REPORT WITH THE COMMITTING COURT REGARDING EACH CHILD RELEASED PURSUANT TO DIVISION (C) OF THIS SECTION AT LEAST ONCE EVERY THIRTY DAYS UNLESS SPECIFICALLY DIRECTED OTHERWISE BY THE COURT. THE REPORT SHALL INDICATE THE TREATMENT AND REHABILITATIVE PROGRESS OF THE CHILD AND THE CHILD'S FAMILY, IF APPLICABLE, AND SHALL INCLUDE ANY SUGGESTIONS FOR ALTERING THE PROGRAM, CUSTODY, LIVING ARRANGEMENTS, OR TREATMENT. THE DEPARTMENT SHALL RETAIN LEGAL CUSTODY OF A CHILD SO RELEASED UNTIL IT DISCHARGES THE CHILD OR UNTIL THE CUSTODY IS TERMINATED AS OTHERWISE PROVIDED BY LAW.

(G) WHEN A CHILD IS COMMITTED TO THE LEGAL CUSTODY OF THE DEPARTMENT OF YOUTH SERVICES, THE COURT RETAINS JURISDICTION TO PERFORM THE FUNCTIONS SPECIFIED IN SECTION 5139.51 OF THE REVISED CODE WITH RESPECT TO THE GRANTING OF SUPERVISED RELEASE BY THE RELEASE AUTHORITY AND TO PERFORM THE FUNCTIONS SPECIFIED IN SECTION 5139.52 OF THE REVISED CODE WITH RESPECT TO VIOLATIONS OF THE CONDITIONS OF SUPERVISED RELEASE GRANTED BY THE RELEASE AUTHORITY AND TO THE REVOCATION OF SUPERVISED RELEASE GRANTED BY THE RELEASE AUTHORITY.

Sec. 2151.312 2152.26. (A) Except as provided in divisions (B) and (F) of this section, a child alleged to be or adjudicated a delinquent child, an unruly 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 home or center 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. 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)(23)(5) of section 2151.355 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)(6)(5) of section 2151.356 2152.21 of the Revised Code, a child alleged to be or adjudicated a neglected child, an abused child, a dependent child, an unruly child, or 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 (A)(6)(5) of section 2151.356 2152.21 of the Revised Code and division (C)(3) of this section, a child alleged to be or adjudicated an unruly child or a juvenile traffic offender may not be held for more than twenty-four hours in a detention home FACILITY. A child alleged to be or adjudicated a neglected child, an abused child, or a dependent child shall not be held in a detention home.

(3) A child who is alleged to be or who is adjudicated an unruly child and who is taken into custody on a Saturday, Sunday, or legal holiday, as listed in section 1.14 of the Revised Code, may be held in a detention home until the next succeeding day that is not a Saturday, Sunday, or legal holiday.

(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) If a case is transferred to another court for criminal prosecution pursuant to section 2151.26 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.

Sec. 2151.34 2152.41. A child who is alleged to be or adjudicated a delinquent child may be confined in a place of juvenile detention for a period not to exceed ninety days, during which time a social history may be prepared to include court record, family history, personal history, school and attendance records, and any other pertinent studies and material that will be of assistance to the juvenile court in its disposition of the charges against that juvenile offender.

(A) Upon the advice and recommendation of the judge, the board of county commissioners shall provide, by purchase, lease, construction, or otherwise, a place to be known as a detention home FACILITY that shall be within a convenient distance of the juvenile court and. THE FACILITY shall not be used for the confinement of adults charged with criminal offenses and in which. THE FACILITY MAY BE USED TO DETAIN ALLEGED delinquent children may be detained until final disposition. Upon FOR EVALUATION PURSUANT TO SECTION 2152.04 of the Revised Code AND FOR CHILDREN ADJUDICATED JUVENILE TRAFFIC OFFENDERS UNDER DIVISION (A)(5) OR (6) OF SECTION 2152.21 of the Revised Code.

(B) UPON the joint advice and recommendation of the juvenile judges of two or more adjoining or 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 home FACILITY for the use of the juvenile courts of those counties, in which ALLEGED delinquent children may be detained until final disposition 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 home FACILITY or district detention home FACILITY pursuant to division (A)(6)(5) of section 2151.356 2152.21 of the Revised Code, provided the child is kept separate and apart from alleged delinquent children.

The county or district detention home shall be maintained as provided in sections 2151.01 to 2151.54 of the Revised Code. In 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 home FACILITY or that is not served by a district detention home 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 such children, WHO WOULD BE ELIGIBLE FOR DETENTION UNDER DIVISION (A) OF THIS SECTION, temporarily in private homes. Children who are alleged to be or have been adjudicated delinquent children may be detained after a complaint is filed in the detention home until final disposition of their cases or in certified foster homes or in any other home approved by the court, if any are available, 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, the children within the jurisdiction of the court. A district detention home approved for such purpose by the department of youth services under section 5139.281 of the Revised Code may receive children committed to its temporary custody under section 2151.355 of the Revised Code and provide the care, treatment, and training required.

If a detention home is established as an agency of the court or a district detention home is established by the courts of several counties as provided in this section, it shall be furnished and carried on, as far as possible, as a family home in charge of a superintendent or matron in a nonpunitive neutral atmosphere. The judge, or the directing board of a district detention home, may appoint a superintendent, a matron, and other necessary employees for the home and fix their salaries. During the school year, when possible, a comparable educational program with competent and trained staff shall be provided for those children of school age. A sufficient number of trained recreational personnel shall be included among the staff to assure wholesome and profitable leisure-time activities. Medical and mental health services shall be made available to ensure the courts all possible treatment facilities shall be given to those children placed under their care. In the case of a county detention home, the salaries shall be paid in the same manner as is provided by section 2151.13 of the Revised Code for other employees of the court, and the necessary expenses incurred in maintaining the detention home shall be paid by the county. In the case of a district detention home, the salaries and the necessary expenses incurred in maintaining the district detention home shall be paid as provided in sections 2151.341 to 2151.3415 of the Revised Code.

If the court arranges for the board of children temporarily detained in certified foster homes or arranges for the board of those children 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 shall be paid by the county. 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. 2152.42. (A) ANY DETENTION FACILITY ESTABLISHED UNDER SECTION 2152.41 of the Revised Code SHALL BE UNDER THE DIRECTION OF A SUPERINTENDENT. THE SUPERINTENDENT SHALL BE APPOINTED BY, AND UNDER THE DIRECTION OF, THE JUDGE OR JUDGES OR, FOR A DISTRICT FACILITY, THE BOARD OF TRUSTEES OF THE FACILITY. THE SUPERINTENDENT SERVES AT THE PLEASURE OF THE JUVENILE COURT OR, IN A DISTRICT DETENTION FACILITY, AT THE PLEASURE OF THE BOARD OF TRUSTEES.

BEFORE COMMENCING WORK AS SUPERINTENDENT, THE PERSON APPOINTED SHALL OBTAIN A BOND, WITH SUFFICIENT SURETY, CONDITIONED UPON THE FULL AND FAITHFUL ACCOUNTING OF THE FUNDS AND PROPERTIES UNDER THE SUPERINTENDENT'S CONTROL.

THE SUPERINTENDENT, UNDER THE SUPERVISION AND SUBJECT TO THE RULES AND REGULATIONS OF THE BOARD, SHALL CONTROL, MANAGE, OPERATE, AND HAVE GENERAL CHARGE OF THE FACILITY AND SHALL HAVE THE CUSTODY OF ITS PROPERTY, FILES, AND RECORDS.

(B) FOR A COUNTY FACILITY, THE SUPERINTENDENT SHALL APPOINT ALL EMPLOYEES OF THE FACILITY, WHO SHALL BE IN THE UNCLASSIFIED CIVIL SERVICE. THE SALARIES SHALL BE PAID AS PROVIDED BY SECTION 2151.13 of the Revised Code FOR OTHER EMPLOYEES OF THE COURT, AND THE NECESSARY EXPENSES INCURRED IN MAINTAINING THE FACILITY SHALL BE PAID BY THE COUNTY.

FOR A DISTRICT FACILITY, THE SUPERINTENDENT SHALL APPOINT OTHER EMPLOYEES OF THE FACILITY AND FIX THEIR COMPENSATION, SUBJECT TO APPROVAL OF THE BOARD OF TRUSTEES. EMPLOYEES OF A DISTRICT FACILITY, EXCEPT FOR THE SUPERINTENDENT, SHALL BE IN THE CLASSIFIED CIVIL SERVICE.

(C) DURING THE SCHOOL YEAR, WHEN POSSIBLE, A COMPARABLE EDUCATIONAL PROGRAM WITH COMPETENT AND TRAINED STAFF SHALL BE PROVIDED FOR CHILDREN OF SCHOOL AGE WHO ARE IN THE FACILITY. A SUFFICIENT NUMBER OF TRAINED RECREATIONAL PERSONNEL SHALL BE INCLUDED AMONG THE STAFF. MEDICAL AND MENTAL HEALTH SERVICES SHALL BE MADE AVAILABLE.

Sec. 2151.341 2152.43. (A) A board of county commissioners that provides a detention home FACILITY and the board of trustees of a district detention home FACILITY may make application APPLY to the department of youth services under section 5139.281 of the Revised Code for financial assistance in defraying the cost of operating and maintaining the home FACILITY. Such THE application shall be made on forms prescribed and furnished by the department. The

THE BOARD OF COUNTY COMMISSIONERS OF EACH COUNTY THAT PARTICIPATES IN A DISTRICT DETENTION FACILITY MAY APPLY TO THE DEPARTMENT OF YOUTH SERVICES FOR ASSISTANCE IN DEFRAYING THE COUNTY'S SHARE OF THE COST OF ACQUISITION OR CONSTRUCTION OF THE FACILITY, AS PROVIDED IN SECTION 5139.271 of the Revised Code. APPLICATION SHALL BE MADE IN ACCORDANCE WITH RULES ADOPTED BY THE DEPARTMENT. NO COUNTY SHALL BE REIMBURSED FOR EXPENSES INCURRED IN THE ACQUISITION OR CONSTRUCTION OF A DISTRICT DETENTION FACILITY THAT SERVES A DISTRICT HAVING A POPULATION OF LESS THAN ONE HUNDRED THOUSAND.

(B)(1) THE joint boards of county commissioners of district detention homes FACILITIES shall make annual assessments of taxes sufficient to support and defray all necessary expenses of such home THE FACILITY not paid from funds made available under section 5139.281 of the Revised Code, THROUGH ANNUAL ASSESSMENTS OF TAXES, THROUGH GIFTS, OR THROUGH OTHER MEANS.

IF ANY COUNTY WITHDRAWS FROM A DISTRICT UNDER DIVISION (D) OF SECTION 2152.41 OF THE REVISED CODE, IT SHALL CONTINUE TO HAVE LEVIED AGAINST ITS TAX DUPLICATE ANY TAX LEVIED BY THE DISTRICT DURING THE PERIOD IN WHICH THE COUNTY WAS A MEMBER OF THE DISTRICT FOR CURRENT OPERATING EXPENSES, PERMANENT IMPROVEMENTS, OR THE RETIREMENT OF BONDED INDEBTEDNESS. THE LEVY SHALL CONTINUE TO BE A LEVY AGAINST THE TAX DUPLICATE OF THE COUNTY UNTIL THE TIME THAT IT EXPIRES OR IS RENEWED.

(2) THE CURRENT EXPENSES OF MAINTAINING THE FACILITY NOT PAID FROM FUNDS MADE AVAILABLE UNDER SECTION 5139.281 OF THE REVISED CODE OR DIVISION (C) OF THIS SECTION, AND THE COST OF ORDINARY REPAIRS TO THE FACILITY, SHALL BE PAID BY EACH COUNTY IN ACCORDANCE WITH ONE OF THE FOLLOWING METHODS AS APPROVED BY THE JOINT BOARD OF COUNTY COMMISSIONERS:

(a) IN PROPORTION TO THE NUMBER OF CHILDREN FROM THAT COUNTY WHO ARE MAINTAINED IN THE FACILITY DURING THE YEAR;

(b) BY A LEVY SUBMITTED BY THE JOINT BOARD OF COUNTY COMMISSIONERS UNDER DIVISION (A) OF SECTION 5705.19 OF THE REVISED CODE AND APPROVED BY THE ELECTORS OF THE DISTRICT;

(c) IN PROPORTION TO THE TAXABLE PROPERTY OF EACH COUNTY, AS SHOWN BY ITS TAX DUPLICATE;

(d) IN ANY COMBINATION OF THE METHODS FOR PAYMENT DESCRIBED IN DIVISION (B)(2)(a), (b), OR (c) OF THIS SECTION.

(C) WHEN ANY PERSON DONATES OR BEQUEATHS ANY REAL OR PERSONAL PROPERTY TO A COUNTY OR DISTRICT DETENTION FACILITY, THE JUVENILE COURT OR THE TRUSTEES OF THE FACILITY MAY ACCEPT AND USE THE GIFT, CONSISTENT WITH THE BEST INTEREST OF THE INSTITUTION AND THE CONDITIONS OF THE GIFT.

Sec. 2151.343 2152.44. Immediately upon (A) AS SOON AS PRACTICAL AFTER the organization of the joint board of county commissioners as provided by section 2151.34 2152.41 of the Revised Code, or so soon thereafter as practicable, such THE joint board of county commissioners shall appoint a board of not less than five trustees, which. THE BOARD shall hold office and perform its duties until the first annual meeting after the choice of an established site and buildings, or after the selection and purchase of a building site, at which. AT THAT time such, THE joint board of county commissioners shall appoint a board of not less than five trustees, one of whom shall hold office for a term of one year, one for the A term of two years, one for the A term of three years, half of the remaining number for the A term of four years, and the remainder for the A term of five years. Annually thereafter, the joint board of county commissioners shall appoint one or more trustees, each of whom shall hold office for the A term of five years, to succeed the trustee or trustees whose term of office shall expire EXPIRES. A trustee may be appointed to succeed himself upon such board of trustees, and all appointments to such board of trustees SUCCESSIVE TERMS. ANY PERSON APPOINTED AS A TRUSTEE shall be made from persons who are recommended and approved by the juvenile court judge or judges of the county of which such THE person is resident RESIDES. The

AT LEAST ONE TRUSTEE SHALL RESIDE IN EACH COUNTY IN THE DISTRICT. IN DISTRICTS COMPOSED OF TWO COUNTIES, EACH COUNTY SHALL BE ENTITLED TO NOT LESS THAN TWO TRUSTEES. IN DISTRICTS COMPOSED OF MORE THAN FOUR COUNTIES, THE NUMBER OF TRUSTEES SHALL BE SUFFICIENTLY INCREASED, PROVIDED THAT THERE SHALL ALWAYS BE AN UNEVEN NUMBER OF TRUSTEES ON THE BOARD. THE COUNTY IN WHICH A DISTRICT DETENTION FACILITY IS LOCATED SHALL HAVE NOT LESS THAN TWO TRUSTEES, WHO, IN THE INTERIM PERIOD BETWEEN THE REGULAR MEETINGS OF THE TRUSTEES, SHALL ACT AS AN EXECUTIVE COMMITTEE IN THE DISCHARGE OF ALL BUSINESS PERTAINING TO THE FACILITY.

THE JOINT BOARD OF COUNTY COMMISSIONERS MAY REMOVE ANY TRUSTEE FOR GOOD CAUSE. THE TRUSTEE APPOINTED TO FILL ANY VACANCY SHALL HOLD THE OFFICE FOR THE UNEXPIRED TERM OF THE PREDECESSOR TRUSTEE.

(B) THE annual meeting of the board of trustees shall be held on the first Tuesday in May in each year.

A MAJORITY OF THE BOARD CONSTITUTES A QUORUM. OTHER BOARD MEETINGS SHALL BE HELD AT LEAST QUARTERLY. THE JUVENILE COURT JUDGE OF EACH COUNTY OF THE DISTRICT, OR THE JUDGE'S DESIGNEE, SHALL ATTEND THE MEETINGS. THE MEMBERS OF THE BOARD SHALL RECEIVE NO COMPENSATION FOR THEIR SERVICES, EXCEPT THEIR ACTUAL AND NECESSARY EXPENSES. THE TREASURER SHALL PAY THE MEMBER'S TRAVELING EXPENSES WHEN PROPERLY CERTIFIED.

(C) WHEN THE BOARD OF TRUSTEES DOES NOT CHOOSE AN ESTABLISHED INSTITUTION IN ONE OF THE COUNTIES OF THE DISTRICT, IT MAY SELECT A SUITABLE SITE FOR THE ERECTION OF A DISTRICT DETENTION FACILITY. THE SITE MUST BE EASILY ACCESSIBLE, CONDUCIVE TO HEALTH, ECONOMY IN PURCHASING OR IN BUILDING, AND THE GENERAL INTEREST OF THE FACILITY AND ITS RESIDENTS, AND BE AS NEAR AS PRACTICABLE TO THE GEOGRAPHICAL CENTER OF THE DISTRICT.

IN THE INTERIM BETWEEN THE SELECTION AND PURCHASE OF A SITE, AND THE ERECTION AND OCCUPANCY OF THE DISTRICT DETENTION FACILITY, THE JOINT BOARD OF COUNTY COMMISSIONERS PROVIDED UNDER SECTION 2151.41 OF THE REVISED CODE MAY DELEGATE TO THE BOARD OF TRUSTEES ANY POWERS AND DUTIES THAT, IN ITS JUDGMENT, WILL BE OF GENERAL INTEREST OR AID TO THE INSTITUTION. THE JOINT BOARD OF COUNTY COMMISSIONERS MAY APPROPRIATE A TRUSTEES' FUND, TO BE EXPENDED BY THE TRUSTEES FOR CONTRACTS, PURCHASES, OR OTHER NECESSARY EXPENSES OF THE FACILITY. THE TRUSTEES SHALL MAKE A COMPLETE SETTLEMENT WITH THE JOINT BOARD OF COUNTY COMMISSIONERS ONCE EACH SIX MONTHS, OR QUARTERLY IF REQUIRED, AND SHALL MAKE TO THE BOARD OF COUNTY COMMISSIONERS AND TO THE JUVENILE COURT OF EACH OF THE COUNTIES A FULL REPORT OF THE CONDITION OF THE FACILITY AND RESIDENTS.

(D) THE CHOICE OF AN ESTABLISHED SITE AND BUILDINGS, OR THE PURCHASE OF A SITE, STOCK, IMPLEMENTS, AND GENERAL FARM EQUIPMENT, SHOULD THERE BE A FARM, THE ERECTION OF BUILDINGS, AND THE COMPLETION AND FURNISHING OF THE DISTRICT DETENTION FACILITY FOR OCCUPANCY, SHALL BE IN THE HANDS OF THE JOINT BOARD OF COUNTY COMMISSIONERS ORGANIZED UNDER SECTION 2152.41 OF THE REVISED CODE. THE JOINT BOARD OF COUNTY COMMISSIONERS MAY DELEGATE ALL OR A PORTION OF THESE DUTIES TO THE BOARD OF TRUSTEES, UNDER ANY RESTRICTIONS THAT THE JOINT BOARD OF COUNTY COMMISSIONERS IMPOSES.

WHEN AN ESTABLISHED SITE AND BUILDINGS ARE USED FOR A DISTRICT DETENTION FACILITY, THE JOINT BOARD OF COUNTY COMMISSIONERS SHALL CAUSE THE VALUE OF THAT SITE AND THOSE BUILDINGS TO BE PROPERLY APPRAISED. THIS APPRAISAL VALUE, OR IN CASE OF THE PURCHASE OF A SITE, THE PURCHASE PRICE AND THE COST OF ALL IMPROVEMENTS THERETO, SHALL BE PAID BY THE COUNTIES COMPRISING THE DISTRICT, IN PROPORTION TO THE TAXABLE PROPERTY OF EACH COUNTY, AS SHOWN BY ITS TAX DUPLICATE.

(E) ONCE A DISTRICT IS ESTABLISHED, THE TRUSTEES SHALL OPERATE, MAINTAIN, AND MANAGE THE FACILITY AS PROVIDED IN SECTIONS 2152.41 TO 2152.43 of the Revised Code.

Sec. 2152.61. (A) IN ANY PROCEEDING IN WHICH A CHILD HAS BEEN ADJUDICATED A DELINQUENT CHILD OR A JUVENILE TRAFFIC OFFENDER, ON THE APPLICATION OF A PARTY OR 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 THE INDIVIDUAL TO THE CHILD IF THE COURT FINDS THAT AN ORDER OF THAT TYPE NECESSARY TO DO EITHER OF THE FOLLOWING:

(1) CONTROL ANY CONDUCT OR RELATIONSHIP THAT WILL BE DETRIMENTAL OR HARMFUL TO THE CHILD;

(2) CONTROL ANY CONDUCT OR RELATIONSHIP THAT WILL TEND TO DEFEAT THE EXECUTION OF THE ORDER OF DISPOSITION MADE OR TO BE MADE.

(B) DUE NOTICE OF THE APPLICATION OR MOTION AND THE GROUNDS FOR THE APPLICATION OR MOTION UNDER DIVISION (A) OF THIS SECTION, AND AN OPPORTUNITY TO BE HEARD, SHALL BE GIVEN TO THE PERSON AGAINST WHOM THE ORDER UNDER THAT 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.

(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. 2151.47 2152.67. Any adult who is arrested or charged under any provision in this chapter and who is charged with a crime may demand a trial by jury, or the juvenile judge upon the judge's own motion may call a jury. A demand for a jury trial shall be made in writing in not less than three days before the date set for trial, or within three days after counsel has been retained, whichever is later. Sections 2945.17 and 2945.23 to 2945.36 of the Revised Code, relating to the drawing and impaneling of jurors in criminal cases in the court of common pleas, other than in capital cases, shall apply to a jury trial under this section. The compensation of jurors and costs of the clerk and sheriff shall be taxed and paid in the same manner as in criminal cases in the court of common pleas.

Sec. 2151.18 2152.71. (A)(1) The juvenile court shall maintain records of all official cases brought before it, including, but not limited to, an appearance docket, a journal, a cashbook, records of the type required by division (A)(2) of section 2151.35 of the Revised Code, and, in cases pertaining to an alleged delinquent child, arrest and custody records, complaints, journal entries, and hearing summaries. The court shall maintain a separate docket for traffic cases and shall record all traffic cases on the separate docket instead of on the general appearance docket. The parents of any child affected, if they are living, or the nearest of kin of the child, if the parents are deceased, may inspect these records, either in person or by counsel during the hours in which the court is open.

(2) The juvenile court shall send to the superintendent of the bureau of criminal identification and investigation, pursuant to section 109.57 of the Revised Code, a weekly report containing a summary of each case that has come before it and that involves the disposition of a child who is a delinquent child for committing an act that would be a felony or an offense of violence if committed by an adult.

(B) The clerk of the court shall maintain a statistical record that includes all of the following:

(1) The number of complaints that are filed with, OR INDICTMENTS OR INFORMATION MADE TO, the court that allege that a child is a delinquent child, in relation to which the court determines under division (D) of section 2151.27 of the Revised Code that the victim of the alleged delinquent act was sixty-five years of age or older or permanently and totally disabled at the time of the alleged commission of the act;

(2) The number of complaints, INDICTMENTS, OR INFORMATION described in division (B)(1) of this section that result in the child being adjudicated a delinquent child;

(3) The number of complaints, INDICTMENTS, OR INFORMATION described in division (B)(2) of this section in which the act upon which the delinquent child adjudication is based caused property damage or would be a theft offense, as defined in division (K) of section 2913.01 of the Revised Code, if committed by an adult;

(4) The number of complaints, INDICTMENTS, OR INFORMATION described in division (B)(3) of this section that result in the delinquent child being required as an order of disposition made under division (A)(9) of section 2151.355 2152.20 of the Revised Code to make restitution for all or part of the property damage caused by the child's delinquent act or for all or part of the value of the property that was the subject of the delinquent act that would be a theft offense if committed by an adult;

(5) The number of complaints, INDICTMENTS, OR INFORMATION described in division (B)(2) of this section in which the act upon which the delinquent child adjudication is based would have been an offense of violence if committed by an adult;

(6) The number of complaints, INDICTMENTS, OR INFORMATION described in division (B)(5) of this section that result in the delinquent child being committed as an order of disposition made under division (A)(3), (4), (5), (6), or (7) of section 2151.355 2152.16, DIVISIONS (A) AND (B) OF SECTION 2152.17, OR DIVISION (A)(2) OF SECTION 2152.19 of the Revised Code to any facility for delinquent children operated by the county, a district, or a private agency or organization or to the department of youth services;

(7) The number of complaints, INDICTMENTS, OR INFORMATION described in division (B)(1) of this section that result in the case being transferred for criminal prosecution to an appropriate court having jurisdiction of the offense under section 2151.26 2152.12 of the Revised Code.

(C) The clerk of the court shall compile an annual summary covering the preceding calendar year showing all of the information for that year contained in the statistical record maintained under division (B) of this section. The statistical record and the annual summary shall be public records open for inspection. Neither the statistical record nor the annual summary shall include the identity of any party to a case.

(D) Not later than June of each year, the court shall prepare an annual report covering the preceding calendar year showing the number and kinds of cases that have come before it, the disposition of the cases, and any other data pertaining to the work of the court that the juvenile judge directs. The court shall file copies of the report with the board of county commissioners. With the approval of the board, the court may print or cause to be printed copies of the report for distribution to persons and agencies interested in the court or community program for dependent, neglected, abused, or delinquent children and juvenile traffic offenders. The court shall include the number of copies ordered printed and the estimated cost of each printed copy on each copy of the report printed for distribution.

Sec. 2151.62 2152.72. (A) This section applies only to a child who is or previously has been adjudicated a delinquent child for an act to which any of the following applies:

(1) It THE ACT is a violation of section 2903.01, 2903.02, 2903.03, 2903.04, 2903.11, 2903.12, 2903.13, 2907.02, 2907.03, or 2907.05 of the Revised Code;

(2) It THE ACT is a violation of section 2923.01 of the Revised Code and involved an attempt to commit aggravated murder or murder;

(3) It THE ACT would be a felony if committed by an adult and the court determined that the child, if an adult, would be guilty of a specification found in section 2941.141, 2941.144, or 2941.145 of the Revised Code or in another section of the Revised Code that relates to the possession or use of a firearm, as defined in section 2923.11 of the Revised Code, during the commission of the act for which the child was adjudicated a delinquent child.

(B)(1) Except as provided in division (E) of this section, a public children services agency, private child placing agency, private noncustodial agency, or court, the department of youth services, or another private or government entity shall not place a child in a certified foster home until it provides the foster caregivers with all of the following:

(a) A written report describing the child's social history;

(b) A written report describing all the acts committed by the child the entity knows of that resulted in the child being adjudicated a delinquent child and the disposition made by the court, unless the records pertaining to the acts have been sealed pursuant to section 2151.358 of the Revised Code;

(c) A written report describing any other violent act committed by the child of which the entity is aware;

(d) The substantial and material conclusions and recommendations of any psychiatric or psychological examination conducted on the child or, if no psychological or psychiatric examination of the child is available, the substantial and material conclusions and recommendations of an examination to detect mental and emotional disorders conducted in compliance with the requirements of Chapter 4757. of the Revised Code by an independent social worker, social worker, professional clinical counselor, or professional counselor licensed under that chapter. The entity shall not provide any part of a psychological, psychiatric, or mental and emotional disorder examination to the foster caregivers other than the substantial and material conclusions.

(2) Notwithstanding section 2151.358 of the Revised Code, if records of an adjudication that a child is a delinquent child have been sealed pursuant to that section and an entity knows the records have been sealed, the entity shall provide the foster caregivers a written statement that the records of a prior adjudication have been sealed.

(C) The entity that places the child in a certified foster home shall conduct a psychological examination of the child, except that the entity is not required to conduct the examination if such an examination was conducted no more than one year prior to the child's placement. No later than sixty days after placing the child, the entity shall provide the foster caregiver a written report detailing the substantial and material conclusions and recommendations of the examination conducted pursuant to this division.

(D)(1) Except as provided in divisions (D)(2) and (3) of this section, the expenses of conducting the examinations and preparing the reports and assessment required by division (B) or (C) of this section shall be paid by the entity that places the child in the certified foster home.

(2) When a juvenile court grants temporary or permanent custody of a child pursuant to any section of the Revised Code, including section 2151.33, 2151.353, 2151.354, or 2151.355 2152.19 of the Revised Code, to a public children services agency or private child placing agency, the court shall provide the agency the information described in division (B) of this section, pay the expenses of preparing that information, and, if a new examination is required to be conducted, pay the expenses of conducting the examination described in division (C) of this section. On receipt of the information described in division (B) of this section, the agency shall provide to the court written acknowledgment that the agency received the information. The court shall keep the acknowledgment and provide a copy to the agency. On the motion of the agency, the court may terminate the order granting temporary or permanent custody of the child to that agency, if the court does not provide the information described in division (B) of this section.

(3) If one of the following entities is placing a child in a certified foster home with the assistance of or by contracting with a public children services agency, private child placing agency, or a private noncustodial agency, the entity shall provide the agency with the information described in division (B) of this section, pay the expenses of preparing that information, and, if a new examination is required to be conducted, pay the expenses of conducting the examination described in division (C) of this section:

(a) The department of youth services if the placement is pursuant to any section of the Revised Code including section 2151.38 2152.22, 5139.06, 5139.07, 5139.38, or 5139.39 of the Revised Code;

(b) A juvenile court with temporary or permanent custody of a child pursuant to section 2151.354 or 2151.355 2152.19 of the Revised Code;

(c) A public children services agency or private child placing agency with temporary or permanent custody of the child.

The agency receiving the information described in division (B) of this section shall provide the entity described in division (D)(3)(a) to (c) of this section that sent the information written acknowledgment that the agency received the information and provided it to the foster caregivers. The entity shall keep the acknowledgment and provide a copy to the agency. An entity that places a child in a certified foster home with the assistance of or by contracting with an agency remains responsible to provide the information described in division (B) of this section to the foster caregivers unless the entity receives written acknowledgment that the agency provided the information.

(E) If a child is placed in a certified foster home as a result of an emergency removal of the child from home pursuant to division (D) of section 2151.31 of the Revised Code, an emergency change in the child's case plan pursuant to division (E)(3) of section 2151.412 of the Revised Code, or an emergency placement by the department of youth services pursuant to this chapter or Chapter 5139. of the Revised Code, the entity that places the child in the certified foster home shall provide the information described in division (B) of this section no later than ninety-six hours after the child is placed in the certified foster home.

(F) On receipt of the information described in divisions (B) and (C) of this section, the foster caregiver shall provide to the entity that places the child in the foster caregiver's home a written acknowledgment that the foster caregiver received the information. The entity shall keep the acknowledgment and provide a copy to the foster caregiver.

(G) No person employed by an entity subject to this section and made responsible by that entity for the child's placement in a certified foster home shall fail to provide the foster caregivers with the information required by divisions (B) and (C) of this section.

(H) It is not a violation of any duty of confidentiality provided for in the Revised Code or a code of professional responsibility for a person or government entity to provide the substantial and material conclusions and recommendations of a psychiatric or psychological examination, or an examination to detect mental and emotional disorders, in accordance with division (B)(1)(d) or (C) of this section.

Sec. 2151.11 2152.73. A juvenile court may participate with other public or private agencies of the county served by the court in programs which THAT have as their objective the prevention and control of juvenile delinquency. The juvenile judge may assign employees of the court, as part of their regular duties, to work with organizations concerned with combatting conditions known to contribute to delinquency, providing adult sponsors for children who have been found TO BE delinquent CHILDREN, and developing wholesome youth programs.

The juvenile judge may accept and administer on behalf of the court gifts, grants, bequests, and devises made to the court for the purpose of preventing delinquency.

Sec. 2151.315 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 or to a school, camp, institution, or other facility for delinquent children described in division (A)(3)(2) of section 2151.355 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 school, camp, institution, or other facility for delinquent children to which the child was committed. If the court commits the child to the department of youth services, the director of youth services shall cause the DNA specimen to be collected from the child during the intake process at an institution operated by or under the control of the department. If the court commits the child to a school, camp, institution, or other facility for delinquent children, the chief administrative officer of the school, camp, institution, or facility to which the child is committed shall cause the DNA specimen to be collected from the child during the intake process for the school, camp, institution, or facility. In accordance with division (C) of this section, the director or the chief administrative officer shall cause the DNA specimen to be forwarded to the bureau of criminal identification and investigation no later than fifteen days after the date of the collection of the DNA specimen. The DNA specimen shall be collected from the child in accordance with division (C) of this section.

(2) If a child is adjudicated a delinquent child for committing an act listed in division (D) of this section, is committed to the department of youth services or to a school, camp, institution, or other facility for delinquent children, and does not submit to a DNA specimen collection procedure pursuant to division (B)(1) of this section, prior to the child's release from the custody of the department of youth services or from the custody of the school, camp, institution, or facility, the child shall submit to, and the director of youth services or the chief administrator of the school, camp, institution, or facility to which the child is committed shall administer, a DNA specimen collection procedure at the institution operated by or under the control of the department of youth services or at the school, camp, institution, or facility to which the child is committed. In accordance with division (C) of this section, the director or the chief administrative officer shall cause the DNA specimen to be forwarded to the bureau of criminal identification and investigation no later than fifteen days after the date of the collection of the DNA specimen. The DNA specimen shall be collected in accordance with division (C) of this section.

(C) A physician, registered nurse, licensed practical nurse, duly licensed clinical laboratory technician, or other qualified medical practitioner shall collect in a medically approved manner the DNA specimen required to be collected pursuant to division (B) of this section. No later than fifteen days after the date of the collection of the DNA specimen, the director of youth services or the chief administrative officer of the school, camp, institution, or other facility for delinquent children to which the child is committed shall cause the DNA specimen to be forwarded to the bureau of criminal identification and investigation in accordance with procedures established by the superintendent of the bureau under division (H) of section 109.573 of the Revised Code. The bureau shall provide the specimen vials, mailing tubes, labels, postage, and instruction needed for the collection and forwarding of the DNA specimen to the bureau.

(D) The director of youth services and the chief administrative officer of a school, camp, institution, or other facility for delinquent children shall cause a DNA specimen to be collected in accordance with divisions (B) and (C) of this section from each child in its custody who is adjudicated a delinquent child for committing any of the following acts:

(1) A violation of section 2903.01, 2903.02, 2905.01, 2907.02, 2907.03, 2907.05, or 2911.11 of the Revised Code;

(2) A violation of section 2907.12 of the Revised Code as it existed prior to September 3, 1996;

(3) An attempt to commit a violation of section 2907.02, 2907.03, 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.

(E) The director of youth services and the chief administrative officer of a school, camp, institution, or other facility for delinquent children is not required to comply with this section until the superintendent of the bureau of criminal identification and investigation gives agencies in the juvenile justice system, as defined in section 181.51 of the Revised Code, in the state official notification that the state DNA laboratory is prepared to accept DNA specimens.

Sec. 2151.3511 2152.81. (A)(1) As used in this section, "victim" includes any of the following persons:

(a) A person who was a victim of a violation identified in division (A)(2) of this section or an act that would be an offense of violence if committed by an adult;

(b) A person against whom was directed any conduct that constitutes, or that is an element of, a violation identified in division (A)(2) of this section or an act that would be an offense of violence if committed by an adult.

(2) In any proceeding in juvenile court involving a complaint, INDICTMENT, OR INFORMATION in which a child is charged with a violation of section 2905.03, 2905.05, 2907.02, 2907.03, 2907.05, 2907.06, 2907.07, 2907.09, 2907.21, 2907.23, 2907.24, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, or 2919.22 of the Revised Code or an act that would be an offense of violence if committed by an adult and in which an alleged victim of the violation or act was a child who was less than thirteen years of age when the complaint OR INFORMATION was filed OR THE INDICTMENT WAS RETURNED, the juvenile judge, upon motion of an attorney for the prosecution, shall order that the testimony of the child victim be taken by deposition. The prosecution also may request that the deposition be videotaped in accordance with division (A)(3) of this section. The judge shall notify the child victim whose deposition is to be taken, the prosecution, and the attorney for the child who is charged with the violation or act of the date, time, and place for taking the deposition. The notice shall identify the child victim who is to be examined and shall indicate whether a request that the deposition be videotaped has been made. The child who is charged with the violation or act shall have the right to attend the deposition and the right to be represented by counsel. Depositions shall be taken in the manner provided in civil cases, except that the judge in the proceeding shall preside at the taking of the deposition and shall rule at that time on any objections of the prosecution or the attorney for the child charged with the violation or act. The prosecution and the attorney for the child charged with the violation or act shall have the right, as at an adjudication hearing, to full examination and cross-examination of the child victim whose deposition is to be taken. If a deposition taken under this division is intended to be offered as evidence in the proceeding, it shall be filed in the juvenile court in which the action is pending and is admissible in the manner described in division (B) of this section. If a deposition of a child victim taken under this division is admitted as evidence at the proceeding under division (B) of this section, the child victim shall not be required to testify in person at the proceeding. However, at any time before the conclusion of the proceeding, the attorney for the child charged with the violation or act may file a motion with the judge requesting that another deposition of the child victim be taken because new evidence material to the defense of the child charged has been discovered that the attorney for the child charged could not with reasonable diligence have discovered prior to the taking of the admitted deposition. Any motion requesting another deposition shall be accompanied by supporting affidavits. Upon the filing of the motion and affidavits, the court may order that additional testimony of the child victim relative to the new evidence be taken by another deposition. If the court orders the taking of another deposition under this provision, the deposition shall be taken in accordance with this division; if the admitted deposition was a videotaped deposition taken in accordance with division (A)(3) of this section, the new deposition also shall be videotaped in accordance with that division, and, in other cases, the new deposition may be videotaped in accordance with that division.

(3) If the prosecution requests that a deposition to be taken under division (A)(2) of this section be videotaped, the juvenile judge shall order that the deposition be videotaped in accordance with this division. If a juvenile judge issues an order to video tape the deposition, the judge shall exclude from the room in which the deposition is to be taken every person except the child victim giving the testimony, the judge, one or more interpreters if needed, the attorneys for the prosecution and the child who is charged with the violation or act, any person needed to operate the equipment to be used, one person chosen by the child victim giving the deposition, and any person whose presence the judge determines would contribute to the welfare and well-being of the child victim giving the deposition. The person chosen by the child victim shall not be a witness in the proceeding and, both before and during the deposition, shall not discuss the testimony of the child victim with any other witness in the proceeding. To the extent feasible, any person operating the recording equipment shall be restricted to a room adjacent to the room in which the deposition is being taken, or to a location in the room in which the deposition is being taken that is behind a screen or mirror so that the person operating the recording equipment can see and hear, but cannot be seen or heard by, the child victim giving the deposition during the deposition. The child who is charged with the violation or act shall be permitted to observe and hear the testimony of the child victim giving the deposition on a monitor, shall be provided with an electronic means of immediate communication with the attorney of the child who is charged with the violation or act during the testimony, and shall be restricted to a location from which the child who is charged with the violation or act cannot be seen or heard by the child victim giving the deposition, except on a monitor provided for that purpose. The child victim giving the deposition shall be provided with a monitor on which the child victim can observe, while giving testimony, the child who is charged with the violation or act. The judge, at the judge's discretion, may preside at the deposition by electronic means from outside the room in which the deposition is to be taken; if the judge presides by electronic means, the judge shall be provided with monitors on which the judge can see each person in the room in which the deposition is to be taken and with an electronic means of communication with each person in that room, and each person in the room shall be provided with a monitor on which that person can see the judge and with an electronic means of communication with the judge. A deposition that is videotaped under this division shall be taken and filed in the manner described in division (A)(2) of this section and is admissible in the manner described in this division and division (B) of this section, and, if a deposition that is videotaped under this division is admitted as evidence at the proceeding, the child victim shall not be required to testify in person at the proceeding. No deposition videotaped under this division shall be admitted as evidence at any proceeding unless division (B) of this section is satisfied relative to the deposition and all of the following apply relative to the recording:

(a) The recording is both aural and visual and is recorded on film or videotape, or by other electronic means.

(b) The recording is authenticated under the Rules of Evidence and the Rules of Criminal Procedure as a fair and accurate representation of what occurred, and the recording is not altered other than at the direction and under the supervision of the judge in the proceeding.

(c) Each voice on the recording that is material to the testimony on the recording or the making of the recording, as determined by the judge, is identified.

(d) Both the prosecution and the child who is charged with the violation or act are afforded an opportunity to view the recording before it is shown in the proceeding.

(B)(1) At any proceeding in relation to which a deposition was taken under division (A) of this section, the deposition or a part of it is admissible in evidence upon motion of the prosecution if the testimony in the deposition or the part to be admitted is not excluded by the hearsay rule and if the deposition or the part to be admitted otherwise is admissible under the Rules of Evidence. For purposes of this division, testimony is not excluded by the hearsay rule if the testimony is not hearsay under Evidence Rule 801; if the testimony is within an exception to the hearsay rule set forth in Evidence Rule 803; if the child victim who gave the testimony is unavailable as a witness, as defined in Evidence Rule 804, and the testimony is admissible under that rule; or if both of the following apply:

(a) The child who is charged with the violation or act 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.

(b) The judge determines that there is reasonable cause to believe that, if the child victim who gave the testimony in the deposition were to testify in person at the proceeding, the child victim would experience serious emotional trauma as a result of the child victim's participation at the proceeding.

(2) Objections to receiving in evidence a deposition or a part of it under division (B) of this section shall be made as provided in civil actions.

(3) The provisions of divisions (A) and (B) of this section are in addition to any other provisions of the Revised Code, the Rules of Juvenile Procedure, the Rules of Criminal Procedure, or the Rules of Evidence that pertain to the taking or admission of depositions in a juvenile court proceeding and do not limit the admissibility under any of those other provisions of any deposition taken under division (A) of this section or otherwise taken.

(C) In any proceeding in juvenile court involving a complaint, INDICTMENT, OR INFORMATION in which a child is charged with a violation listed in division (A)(2) of this section or an act that would be an offense of violence if committed by an adult and in which an alleged victim of the violation or offense was a child who was less than thirteen years of age when the complaint OR INFORMATION was filed OR INDICTMENT WAS RETURNED, the prosecution may file a motion with the juvenile judge requesting the judge to order the testimony of the child victim to be taken in a room other than the room in which the proceeding is being conducted and be televised, by closed circuit equipment, into the room in which the proceeding is being conducted to be viewed by the child who is charged with the violation or act and any other persons who are not permitted in the room in which the testimony is to be taken but who would have been present during the testimony of the child victim had it been given in the room in which the proceeding is being conducted. Except for good cause shown, the prosecution shall file a motion under this division at least seven days before the date of the proceeding. The juvenile judge may issue the order upon the motion of the prosecution filed under this division, if the judge determines that the child victim is unavailable to testify in the room in which the proceeding is being conducted in the physical presence of the child charged with the violation or act, due to one or more of the reasons set forth in division (E) of this section. If a juvenile judge issues an order of that nature, the judge shall exclude from the room in which the testimony is to be taken every person except a person described in division (A)(3) of this section. The judge, at the judge's discretion, may preside during the giving of the testimony by electronic means from outside the room in which it is being given, subject to the limitations set forth in division (A)(3) of this section. To the extent feasible, any person operating the televising equipment shall be hidden from the sight and hearing of the child victim giving the testimony, in a manner similar to that described in division (A)(3) of this section. The child who is charged with the violation or act shall be permitted to observe and hear the testimony of the child victim giving the testimony on a monitor, shall be provided with an electronic means of immediate communication with the attorney of the child who is charged with the violation or act during the testimony, and shall be restricted to a location from which the child who is charged with the violation or act cannot be seen or heard by the child victim giving the testimony, except on a monitor provided for that purpose. The child victim giving the testimony shall be provided with a monitor on which the child victim can observe, while giving testimony, the child who is charged with the violation or act.

(D) In any proceeding in juvenile court involving a complaint, INDICTMENT, OR INFORMATION in which a child is charged with a violation listed in division (A)(2) of this section or an act that would be an offense of violence if committed by an adult and in which an alleged victim of the violation or offense was a child who was less than thirteen years of age when the complaint OR INFORMATION was filed OR THE INDICTMENT WAS RETURNED, the prosecution may file a motion with the juvenile judge requesting the judge to order the testimony of the child victim to be taken outside of the room in which the proceeding is being conducted and be recorded for showing in the room in which the proceeding is being conducted before the judge, the child who is charged with the violation or act, and any other persons who would have been present during the testimony of the child victim had it been given in the room in which the proceeding is being conducted. Except for good cause shown, the prosecution shall file a motion under this division at least seven days before the date of the proceeding. The juvenile judge may issue the order upon the motion of the prosecution filed under this division, if the judge determines that the child victim is unavailable to testify in the room in which the proceeding is being conducted in the physical presence of the child charged with the violation or act, due to one or more of the reasons set forth in division (E) of this section. If a juvenile judge issues an order of that nature, the judge shall exclude from the room in which the testimony is to be taken every person except a person described in division (A)(3) of this section. To the extent feasible, any person operating the recording equipment shall be hidden from the sight and hearing of the child victim giving the testimony, in a manner similar to that described in division (A)(3) of this section. The child who is charged with the violation or act shall be permitted to observe and hear the testimony of the child victim giving the testimony on a monitor, shall be provided with an electronic means of immediate communication with the attorney of the child who is charged with the violation or act during the testimony, and shall be restricted to a location from which the child who is charged with the violation or act cannot be seen or heard by the child victim giving the testimony, except on a monitor provided for that purpose. The child victim giving the testimony shall be provided with a monitor on which the child victim can observe, while giving testimony, the child who is charged with the violation or act. No order for the taking of testimony by recording shall be issued under this division unless the provisions set forth in divisions (A)(3)(a), (b), (c), and (d) of this section apply to the recording of the testimony.

(E) For purposes of divisions (C) and (D) of this section, a juvenile judge may order the testimony of a child victim to be taken outside of the room in which a proceeding is being conducted if the judge determines that the child victim is unavailable to testify in the room in the physical presence of the child charged with the violation or act due to one or more of the following circumstances:

(1) The persistent refusal of the child victim to testify despite judicial requests to do so;

(2) The inability of the child victim to communicate about the alleged violation or offense because of extreme fear, failure of memory, or another similar reason;

(3) The substantial likelihood that the child victim will suffer serious emotional trauma from so testifying.

(F)(1) If a juvenile judge issues an order pursuant to division (C) or (D) of this section that requires the testimony of a child victim in a juvenile court proceeding to be taken outside of the room in which the proceeding is being conducted, the order shall specifically identify the child victim to whose testimony it applies, the order applies only during the testimony of the specified child victim, and the child victim giving the testimony shall not be required to testify at the proceeding other than in accordance with the order. The authority of a judge to close the taking of a deposition under division (A)(3) of this section or a proceeding under division (C) or (D) of this section is in addition to the authority of a judge to close a hearing pursuant to section 2151.35 of the Revised Code.

(2) A juvenile judge who makes any determination regarding the admissibility of a deposition under divisions (A) and (B) of this section, the videotaping of a deposition under division (A)(3) of this section, or the taking of testimony outside of the room in which a proceeding is being conducted under division (C) or (D) of this section, shall enter the determination and findings on the record in the proceeding.

Sec. 2152.99. WHOEVER VIOLATES DIVISION (G) OF SECTION 2152.72 of the Revised Code IS GUILTY OF A MINOR MISDEMEANOR.

Sec. 2153.16. The juvenile court shall exercise the jurisdiction and powers conferred upon the juvenile court by Chapter CHAPTERS 2151. AND 2152. and other sections of the Revised Code, unless such THE jurisdiction and powers are inconsistent with sections 2153.01 to 2153.17, inclusive, of the Revised Code, or ARE plainly inapplicable.

Sec. 2301.03. (A) In Franklin county, the judges of the court of common pleas whose terms begin on January 1, 1953, January 2, 1953, January 5, 1969, January 5, 1977, and January 2, 1997, and successors, shall have the same qualifications, exercise the same powers and jurisdiction, and receive the same compensation as other judges of the court of common pleas of Franklin county and shall be elected and designated as judges of the court of common pleas, division of domestic relations. They shall have all the powers relating to juvenile courts, and all cases under Chapter CHAPTERS 2151. AND 2152. of the Revised Code, all parentage proceedings under Chapter 3111. of the Revised Code over which the juvenile court has jurisdiction, and all divorce, dissolution of marriage, legal separation, and annulment cases shall be assigned to them. In addition to the judge's regular duties, the judge who is senior in point of service shall serve on the children services board and the county advisory board and shall be the administrator of the domestic relations division and its subdivisions and departments.

(B)(1) In Hamilton county, the:

(1) THE judge of the court of common pleas, whose term begins on January 1, 1957, and successors, and the judge of the court of common pleas, whose term begins on February 14, 1967, and successors, shall be the juvenile judges as provided in Chapter CHAPTERS 2151. AND 2152. of the Revised Code, with the powers and jurisdiction conferred by that chapter THOSE CHAPTERS.

(2) The judges of the court of common pleas whose terms begin on January 5, 1957, January 16, 1981, and July 1, 1991, and successors, shall be elected and designated as judges of the court of common pleas, division of domestic relations, and shall have assigned to them all divorce, dissolution of marriage, legal separation, and annulment cases coming before the court. On or after the first day of July and before the first day of August of 1991 and each year thereafter, a majority of the judges of the division of domestic relations shall elect one of the judges of the division as administrative judge of that division. If a majority of the judges of the division of domestic relations are unable for any reason to elect an administrative judge for the division before the first day of August, a majority of the judges of the Hamilton county court of common pleas, as soon as possible after that date, shall elect one of the judges of the division of domestic relations as administrative judge of that division. The term of the administrative judge shall begin on the earlier of the first day of August of the year in which the administrative judge is elected or the date on which the administrative judge is elected by a majority of the judges of the Hamilton county court of common pleas and shall terminate on the date on which the administrative judge's successor is elected in the following year.

In addition to the judge's regular duties, the administrative judge of the division of domestic relations shall be the administrator of the domestic relations division and its subdivisions and departments and shall have charge of the employment, assignment, and supervision of the personnel of the division engaged in handling, servicing, or investigating divorce, dissolution of marriage, legal separation, and annulment cases, including any referees considered necessary by the judges in the discharge of their various duties.

The administrative judge of the division of domestic relations also shall designate the title, compensation, expense allowances, hours, leaves of absence, and vacations of the personnel of the division, and shall fix the duties of its personnel. The duties of the personnel, in addition to those provided for in other sections of the Revised Code, shall include the handling, servicing, and investigation of divorce, dissolution of marriage, legal separation, and annulment cases and counseling and conciliation services that may be made available to persons requesting them, whether or not the persons are parties to an action pending in the division.

The board of county commissioners shall appropriate the sum of money each year as will meet all the administrative expenses of the division of domestic relations, including reasonable expenses of the domestic relations judges and the division counselors and other employees designated to conduct the handling, servicing, and investigation of divorce, dissolution of marriage, legal separation, and annulment cases, conciliation and counseling, and all matters relating to those cases and counseling, and the expenses involved in the attendance of division personnel at domestic relations and welfare conferences designated by the division, and the further sum each year as will provide for the adequate operation of the division of domestic relations.

The compensation and expenses of all employees and the salary and expenses of the judges shall be paid by the county treasurer from the money appropriated for the operation of the division, upon the warrant of the county auditor, certified to by the administrative judge of the division of domestic relations.

The summonses, warrants, citations, subpoenas, and other writs of the division may issue to a bailiff, constable, or staff investigator of the division or to the sheriff of any county or any marshal, constable, or police officer, and the provisions of law relating to the subpoenaing of witnesses in other cases shall apply insofar as they are applicable. When a summons, warrant, citation, subpoena, or other writ is issued to an officer, other than a bailiff, constable, or staff investigator of the division, the expense of serving it shall be assessed as a part of the costs in the case involved.

(3) The judge of the court of common pleas of Hamilton County whose term begins on January 3, 1997, shall be elected and designated for one term only as the drug court judge of the court of common pleas of Hamilton County, and the successors to that judge shall be elected and designated as judges of the general division of the court of common pleas of Hamilton county and shall not have the authority granted by division (B)(3) of this section. The drug court judge may accept or reject any case referred to the drug court judge under division (B)(3) of this section. After the drug court judge accepts a referred case, the drug court judge has full authority over the case, including the authority to conduct arraignment, accept pleas, enter findings and dispositions, conduct trials, order treatment, and if treatment is not successfully completed pronounce and enter sentence.

A judge of the general division of the court of common pleas of Hamilton County and a judge of the Hamilton County municipal court may refer to the drug court judge any case, and any companion cases, the judge determines meet the criteria described under divisions (B)(3)(a) and (b) of this section. If the drug court judge accepts referral of a referred case, the case, and any companion cases, shall be transferred to the drug court judge. A judge may refer a case meeting the criteria described in divisions (B)(3)(a) and (b) of this section that involves a violation of a term of probation to the drug court judge, and, if the drug court judge accepts the referral, the referring judge and the drug court judge have concurrent jurisdiction over the case.

A judge of the general division of the court of common pleas of Hamilton County and a judge of the Hamilton County municipal court may refer a case to the drug court judge under division (B)(3) of this section if the judge determines that both of the following apply:

(a) One of the following applies:

(i) The case involves a drug abuse offense, as defined in section 2925.01 of the Revised Code, that is a felony of the third or fourth degree if the offense is committed prior to July 1, 1996, a felony of the third, fourth, or fifth degree if the offense is committed on or after July 1, 1996, or a misdemeanor.

(ii) The case involves a theft offense, as defined in section 2913.01 of the Revised Code, that is a felony of the third or fourth degree if the offense is committed prior to July 1, 1996, a felony of the third, fourth, or fifth degree if the offense is committed on or after July 1, 1996, or a misdemeanor, and the defendant is drug or alcohol dependent or in danger of becoming drug or alcohol dependent and would benefit from treatment.

(b) All of the following apply:

(i) The case involves a probationable offense or a case in which a mandatory prison term is not required to be imposed.

(ii) The defendant has no history of violent behavior.

(iii) The defendant has no history of mental illness.

(iv) The defendant's current or past behavior, or both, is drug or alcohol driven.

(v) The defendant demonstrates a sincere willingness to participate in a fifteen-month treatment process.

(vi) The defendant has no acute health condition.

(vii) If the defendant is incarcerated, the county prosecutor approves of the referral.

(4) If the administrative judge of the court of common pleas of Hamilton county determines that the volume of cases pending before the drug court judge does not constitute a sufficient caseload for the drug court judge, the administrative judge, in accordance with the Rules of Superintendence for Courts of Common Pleas, shall assign individual cases to the drug court judge from the general docket of the court. If the assignments so occur, the administrative judge shall cease the assignments when the administrative judge determines that the volume of cases pending before the drug court judge constitutes a sufficient caseload for the drug court judge.

(C) In Lorain county, the judges of the court of common pleas whose terms begin on January 3, 1959, January 4, 1989, and January 2, 1999, and successors, shall have the same qualifications, exercise the same powers and jurisdiction, and receive the same compensation as the other judges of the court of common pleas of Lorain county and shall be elected and designated as the judges of the court of common pleas, division of domestic relations. They shall have all of the powers relating to juvenile courts, and all cases under Chapter CHAPTERS 2151. AND 2152. of the Revised Code, all parentage proceedings over which the juvenile court has jurisdiction, and all divorce, dissolution of marriage, legal separation, and annulment cases shall be assigned to them, except cases that for some special reason are assigned to some other judge of the court of common pleas.

(D)(1) In Lucas county, the:

(1) THE judges of the court of common pleas whose terms begin on January 1, 1955, and January 3, 1965, and successors, shall have the same qualifications, exercise the same powers and jurisdiction, and receive the same compensation as other judges of the court of common pleas of Lucas county and shall be elected and designated as judges of the court of common pleas, division of domestic relations. All divorce, dissolution of marriage, legal separation, and annulment cases shall be assigned to them.

The judge of the division of domestic relations, senior in point of service, shall be considered as the presiding judge of the court of common pleas, division of domestic relations, and shall be charged exclusively with the assignment and division of the work of the division and the employment and supervision of all other personnel of the domestic relations division.

(2) The judges of the court of common pleas whose terms begin on January 5, 1977, and January 2, 1991, and successors shall have the same qualifications, exercise the same powers and jurisdiction, and receive the same compensation as other judges of the court of common pleas of Lucas county, shall be elected and designated as judges of the court of common pleas, juvenile division, and shall be the juvenile judges as provided in Chapter CHAPTERS 2151. AND 2152. of the Revised Code with the powers and jurisdictions conferred by that chapter THOSE CHAPTERS. In addition to the judge's regular duties, the judge of the court of common pleas, juvenile division, senior in point of service, shall be the administrator of the juvenile division and its subdivisions and departments and shall have charge of the employment, assignment, and supervision of the personnel of the division engaged in handling, servicing, or investigating juvenile cases, including any referees considered necessary by the judges of the division in the discharge of their various duties.

The judge of the court of common pleas, juvenile division, senior in point of service, also shall designate the title, compensation, expense allowance, hours, leaves of absence, and vacation of the personnel of the division and shall fix the duties of the personnel of the division. The duties of the personnel, in addition to other statutory duties include the handling, servicing, and investigation of juvenile cases and counseling and conciliation services that may be made available to persons requesting them, whether or not the persons are parties to an action pending in the division.

(3) If one of the judges of the court of common pleas, division of domestic relations, or one of the judges of the juvenile division is sick, absent, or unable to perform that judge's judicial duties or the volume of cases pending in that judge's division necessitates it, the duties shall be performed by the judges of the other of those divisions.

(E)(1) In Mahoning county, the:

(1) THE judge of the court of common pleas whose term began on January 1, 1955, and successors, shall have the same qualifications, exercise the same powers and jurisdiction, and receive the same compensation as other judges of the court of common pleas of Mahoning county, shall be elected and designated as judge of the court of common pleas, division of domestic relations, and shall be assigned all the divorce, dissolution of marriage, legal separation, and annulment cases coming before the court. In addition to the judge's regular duties, the judge of the court of common pleas, division of domestic relations, shall be the administrator of the domestic relations division and its subdivisions and departments and shall have charge of the employment, assignment, and supervision of the personnel of the division engaged in handling, servicing, or investigating divorce, dissolution of marriage, legal separation, and annulment cases, including any referees considered necessary in the discharge of the various duties of the judge's office.

The judge also shall designate the title, compensation, expense allowances, hours, leaves of absence, and vacations of the personnel of the division and shall fix the duties of the personnel of the division. The duties of the personnel, in addition to other statutory duties, include the handling, servicing, and investigation of divorce, dissolution of marriage, legal separation, and annulment cases and counseling and conciliation services that may be made available to persons requesting them, whether or not the persons are parties to an action pending in the division.

(2) The judge of the court of common pleas whose term began on January 2, 1969, and successors, shall have the same qualifications, exercise the same powers and jurisdiction, and receive the same compensation as other judges of the court of common pleas of Mahoning county, shall be elected and designated as judge of the court of common pleas, juvenile division, and shall be the juvenile judge as provided in Chapter CHAPTERS 2151. AND 2152. of the Revised Code, with the powers and jurisdictions conferred by that chapter THOSE CHAPTERS. In addition to the judge's regular duties, the judge of the court of common pleas, juvenile division, shall be the administrator of the juvenile division and its subdivisions and departments and shall have charge of the employment, assignment, and supervision of the personnel of the division engaged in handling, servicing, or investigating juvenile cases, including any referees considered necessary by the judge in the discharge of the judge's various duties.

The judge also shall designate the title, compensation, expense allowances, hours, leaves of absence, and vacation of the personnel of the division and shall fix the duties of the personnel of the division. The duties of the personnel, in addition to other statutory duties, include the handling, servicing, and investigation of juvenile cases and counseling and conciliation services that may be made available to persons requesting them, whether or not the persons are parties to an action pending in the division.

(3) If a judge of the court of common pleas, division of domestic relations or juvenile division, is sick, absent, or unable to perform that judge's judicial duties, or the volume of cases pending in that judge's division necessitates it, that judge's duties shall be performed by another judge of the court of common pleas.

(F)(1) In Montgomery county, the:

(1) THE judges of the court of common pleas whose terms begin on January 2, 1953, and January 4, 1977, and successors, shall have the same qualifications, exercise the same powers and jurisdiction, and receive the same compensation as other judges of the court of common pleas of Montgomery county and shall be elected and designated as judges of the court of common pleas, division of domestic relations. These judges shall have assigned to them all divorce, dissolution of marriage, legal separation, and annulment cases.

The judge of the division of domestic relations, senior in point of service, shall be charged exclusively with the assignment and division of the work of the division and shall have charge of the employment and supervision of the personnel of the division engaged in handling, servicing, or investigating divorce, dissolution of marriage, legal separation, and annulment cases, including any necessary referees, except those employees who may be appointed by the judge, junior in point of service, under this section and sections 2301.12, 2301.18, and 2301.19 of the Revised Code. The judge of the division of domestic relations, senior in point of service, also shall designate the title, compensation, expense allowances, hours, leaves of absence, and vacation of the personnel of the division and shall fix their duties.

(2) The judges of the court of common pleas whose terms begin on January 1, 1953, and January 1, 1993, and successors, shall have the same qualifications, exercise the same powers and jurisdiction, and receive the same compensation as other judges of the court of common pleas of Montgomery county, shall be elected and designated as judges of the court of common pleas, juvenile division, and shall be, and have the powers and jurisdiction of, the juvenile judge as provided in Chapter CHAPTERS 2151. AND 2152. of the Revised Code.

In addition to the judge's regular duties, the judge of the court of common pleas, juvenile division, senior in point of service, shall be the administrator of the juvenile division and its subdivisions and departments and shall have charge of the employment, assignment, and supervision of the personnel of the juvenile division, including any necessary referees, who are engaged in handling, servicing, or investigating juvenile cases. The judge, senior in point of service, also shall designate the title, compensation, expense allowances, hours, leaves of absence, and vacation of the personnel of the division and shall fix their duties. The duties of the personnel, in addition to other statutory duties, shall include the handling, servicing, and investigation of juvenile cases and of any counseling and conciliation services that are available upon request to persons, whether or not they are parties to an action pending in the division.

If one of the judges of the court of common pleas, division of domestic relations, or one of the judges of the court of common pleas, juvenile division, is sick, absent, or unable to perform that judge's duties or the volume of cases pending in that judge's division necessitates it, the duties of that judge may be performed by the judge or judges of the other of those divisions.

(G) In Richland county, the judge of the court of common pleas whose term begins on January 1, 1957, and successors, shall have the same qualifications, exercise the same powers and jurisdiction, and receive the same compensation as the other judges of the court of common pleas of Richland county and shall be elected and designated as judge of the court of common pleas, division of domestic relations. That judge shall have all of the powers relating to juvenile courts, and all cases under Chapter CHAPTERS 2151. AND 2152. of the Revised Code, all parentage proceedings over which the juvenile court has jurisdiction, and all divorce, dissolution of marriage, legal separation, and annulment cases shall be assigned to that judge, except in cases that for some special reason are assigned to some other judge of the court of common pleas.

(H) In Stark county, the judges of the court of common pleas whose terms begin on January 1, 1953, January 2, 1959, and January 1, 1993, and successors, shall have the same qualifications, exercise the same powers and jurisdiction, and receive the same compensation as other judges of the court of common pleas of Stark county and shall be elected and designated as judges of the court of common pleas, division of domestic relations. They shall have all the powers relating to juvenile courts, and all cases under Chapter CHAPTERS 2151. AND 2152. of the Revised Code, all parentage proceedings over which the juvenile court has jurisdiction, and all divorce, dissolution of marriage, legal separation, and annulment cases, except cases that are assigned to some other judge of the court of common pleas for some special reason, shall be assigned to the judges.

The judge of the division of domestic relations, second most senior in point of service, shall have charge of the employment and supervision of the personnel of the division engaged in handling, servicing, or investigating divorce, dissolution of marriage, legal separation, and annulment cases, and necessary referees required for the judge's respective court.

The judge of the division of domestic relations, senior in point of service, shall be charged exclusively with the administration of sections 2151.13, 2151.16, 2151.17, and 2151.18 2152.71 of the Revised Code and with the assignment and division of the work of the division and the employment and supervision of all other personnel of the division, including, but not limited to, that judge's necessary referees, but excepting those employees who may be appointed by the judge second most senior in point of service. The senior judge further shall serve in every other position in which the statutes permit or require a juvenile judge to serve.

(I) In Summit county:

(1) The judges of the court of common pleas whose terms begin on January 4, 1967, and January 6, 1993, and successors, shall have the same qualifications, exercise the same powers and jurisdiction, and receive the same compensation as other judges of the court of common pleas of Summit county and shall be elected and designated as judges of the court of common pleas, division of domestic relations. The judges of the division of domestic relations shall have assigned to them and hear all divorce, dissolution of marriage, legal separation, and annulment cases that come before the court. Except in cases that are subject to the exclusive original jurisdiction of the juvenile court, the judges of the division of domestic relations shall have assigned to them and hear all cases pertaining to paternity, custody, visitation, child support, or the allocation of parental rights and responsibilities for the care of children and all post-decree proceedings arising from any case pertaining to any of those matters. The judges of the division of domestic relations shall have assigned to them and hear all proceedings under the uniform interstate family support act contained in Chapter 3115. of the Revised Code.

The judge of the division of domestic relations, senior in point of service, shall be the administrator of the domestic relations division and its subdivisions and departments and shall have charge of the employment, assignment, and supervision of the personnel of the division, including any necessary referees, who are engaged in handling, servicing, or investigating divorce, dissolution of marriage, legal separation, and annulment cases. That judge also shall designate the title, compensation, expense allowances, hours, leaves of absence, and vacations of the personnel of the division and shall fix their duties. The duties of the personnel, in addition to other statutory duties, shall include the handling, servicing, and investigation of divorce, dissolution of marriage, legal separation, and annulment cases and of any counseling and conciliation services that are available upon request to all persons, whether or not they are parties to an action pending in the division.

(2) The judge of the court of common pleas whose term begins on January 1, 1955, and successors, shall have the same qualifications, exercise the same powers and jurisdiction, and receive the same compensation as other judges of the court of common pleas of Summit county, shall be elected and designated as judge of the court of common pleas, juvenile division, and shall be, and have the powers and jurisdiction of, the juvenile judge as provided in Chapter CHAPTERS 2151. AND 2152. of the Revised Code. Except in cases that are subject to the exclusive original jurisdiction of the juvenile court, the judge of the juvenile division shall not have jurisdiction or the power to hear, and shall not be assigned, any case pertaining to paternity, custody, visitation, child support, or the allocation of parental rights and responsibilities for the care of children or any post-decree proceeding arising from any case pertaining to any of those matters. The judge of the juvenile division shall not have jurisdiction or the power to hear, and shall not be assigned, any proceeding under the uniform interstate family support act contained in Chapter 3115. of the Revised Code.

The juvenile judge shall be the administrator of the juvenile division and its subdivisions and departments and shall have charge of the employment, assignment, and supervision of the personnel of the juvenile division, including any necessary referees, who are engaged in handling, servicing, or investigating juvenile cases. The judge also shall designate the title, compensation, expense allowances, hours, leaves of absence, and vacation of the personnel of the division and shall fix their duties. The duties of the personnel, in addition to other statutory duties, shall include the handling, servicing, and investigation of juvenile cases and of any counseling and conciliation services that are available upon request to persons, whether or not they are parties to an action pending in the division.

(J) In Trumbull county, the judges of the court of common pleas whose terms begin on January 1, 1953, and January 2, 1977, and successors, shall have the same qualifications, exercise the same powers and jurisdiction, and receive the same compensation as other judges of the court of common pleas of Trumbull county and shall be elected and designated as judges of the court of common pleas, division of domestic relations. They shall have all the powers relating to juvenile courts, and all cases under Chapter CHAPTERS 2151. AND 2152. of the Revised Code, all parentage proceedings over which the juvenile court has jurisdiction, and all divorce, dissolution of marriage, legal separation, and annulment cases shall be assigned to them, except cases that for some special reason are assigned to some other judge of the court of common pleas.

(K) In Butler county:

(1) The judges of the court of common pleas whose terms begin on January 1, 1957, and January 4, 1993, and successors, shall have the same qualifications, exercise the same powers and jurisdiction, and receive the same compensation as other judges of the court of common pleas of Butler county and shall be elected and designated as judges of the court of common pleas, division of domestic relations. The judges of the division of domestic relations shall have assigned to them all divorce, dissolution of marriage, legal separation, and annulment cases coming before the court, except in cases that for some special reason are assigned to some other judge of the court of common pleas. The judge senior in point of service shall be charged with the assignment and division of the work of the division and with the employment and supervision of all other personnel of the domestic relations division.

The judge senior in point of service also shall designate the title, compensation, expense allowances, hours, leaves of absence, and vacations of the personnel of the division and shall fix their duties. The duties of the personnel, in addition to other statutory duties, shall include the handling, servicing, and investigation of divorce, dissolution of marriage, legal separation, and annulment cases and providing any counseling and conciliation services that the division makes available to persons, whether or not the persons are parties to an action pending in the division, who request the services.

(2) The judge of the court of common pleas whose term begins on January 3, 1987, and successors, shall have the same qualifications, exercise the same powers and jurisdiction, and receive the same compensation as other judges of the court of common pleas of Butler county, shall be elected and designated as judge of the court of common pleas, juvenile division, and shall be the juvenile judge as provided in Chapter CHAPTERS 2151. AND 2152. of the Revised Code, with the powers and jurisdictions conferred by that chapter THOSE CHAPTERS. The judge of the court of common pleas, juvenile division, shall be the administrator of the juvenile division and its subdivisions and departments. The judge shall have charge of the employment, assignment, and supervision of the personnel of the juvenile division who are engaged in handling, servicing, or investigating juvenile cases, including any referees whom the judge considers necessary for the discharge of the judge's various duties.

The judge also shall designate the title, compensation, expense allowances, hours, leaves of absence, and vacation of the personnel of the division and shall fix their duties. The duties of the personnel, in addition to other statutory duties, include the handling, servicing, and investigation of juvenile cases and providing any counseling and conciliation services that the division makes available to persons, whether or not the persons are parties to an action pending in the division, who request the services.

(3) If a judge of the court of common pleas, division of domestic relations or juvenile division, is sick, absent, or unable to perform that judge's judicial duties or the volume of cases pending in the judge's division necessitates it, the duties of that judge shall be performed by the other judges of the domestic relations and juvenile divisions.

(L)(1) In Cuyahoga county, the judges of the court of common pleas whose terms begin on January 8, 1961, January 9, 1961, January 18, 1975, January 19, 1975, and January 13, 1987, and successors, shall have the same qualifications, exercise the same powers and jurisdiction, and receive the same compensation as other judges of the court of common pleas of Cuyahoga county and shall be elected and designated as judges of the court of common pleas, division of domestic relations. They shall have all the powers relating to all divorce, dissolution of marriage, legal separation, and annulment cases, except in cases that are assigned to some other judge of the court of common pleas for some special reason.

(2) The administrative judge is administrator of the domestic relations division and its subdivisions and departments and has the following powers concerning division personnel:

(a) Full charge of the employment, assignment, and supervision;

(b) Sole determination of compensation, duties, expenses, allowances, hours, leaves, and vacations.

(3) "Division personnel" include persons employed or referees engaged in hearing, servicing, investigating, counseling, or conciliating divorce, dissolution of marriage, legal separation and annulment matters.

(M) In Lake county:

(1) The judge of the court of common pleas whose term begins on January 2, 1961, and successors, shall have the same qualifications, exercise the same powers and jurisdiction, and receive the same compensation as the other judges of the court of common pleas of Lake county and shall be elected and designated as judge of the court of common pleas, division of domestic relations. The judge shall be assigned all the divorce, dissolution of marriage, legal separation, and annulment cases coming before the court, except in cases that for some special reason are assigned to some other judge of the court of common pleas. The judge shall be charged with the assignment and division of the work of the division and with the employment and supervision of all other personnel of the domestic relations division.

The judge also shall designate the title, compensation, expense allowances, hours, leaves of absence, and vacations of the personnel of the division and shall fix their duties. The duties of the personnel, in addition to other statutory duties, shall include the handling, servicing, and investigation of divorce, dissolution of marriage, legal separation, and annulment cases and providing any counseling and conciliation services that the division makes available to persons, whether or not the persons are parties to an action pending in the division, who request the services.

(2) The judge of the court of common pleas whose term begins on January 4, 1979, and successors, shall have the same qualifications, exercise the same powers and jurisdiction, and receive the same compensation as other judges of the court of common pleas of Lake county, shall be elected and designated as judge of the court of common pleas, juvenile division, and shall be the juvenile judge as provided in Chapter CHAPTERS 2151. AND 2152. of the Revised Code, with the powers and jurisdictions conferred by that chapter THOSE CHAPTERS. The judge of the court of common pleas, juvenile division, shall be the administrator of the juvenile division and its subdivisions and departments. The judge shall have charge of the employment, assignment, and supervision of the personnel of the juvenile division who are engaged in handling, servicing, or investigating juvenile cases, including any referees whom the judge considers necessary for the discharge of the judge's various duties.

The judge also shall designate the title, compensation, expense allowances, hours, leaves of absence, and vacation of the personnel of the division and shall fix their duties. The duties of the personnel, in addition to other statutory duties, include the handling, servicing, and investigation of juvenile cases and providing any counseling and conciliation services that the division makes available to persons, whether or not the persons are parties to an action pending in the division, who request the services.

(3) If a judge of the court of common pleas, division of domestic relations or juvenile division, is sick, absent, or unable to perform that judge's judicial duties or the volume of cases pending in the judge's division necessitates it, the duties of that judge shall be performed by the other judges of the domestic relations and juvenile divisions.

(N) In Erie county, the judge of the court of common pleas whose term begins on January 2, 1971, and successors, shall have the same qualifications, exercise the same powers and jurisdiction, and receive the same compensation as the other judge of the court of common pleas of Erie county and shall be elected and designated as judge of the court of common pleas, division of domestic relations. The judge shall have all the powers relating to juvenile courts, and shall be assigned all cases under Chapter CHAPTERS 2151. AND 2152. of the Revised Code, parentage proceedings over which the juvenile court has jurisdiction, and divorce, dissolution of marriage, legal separation, and annulment cases, except cases that for some special reason are assigned to some other judge.

(O) In Greene county:

(1) The judge of the court of common pleas whose term begins on January 1, 1961, and successors, shall have the same qualifications, exercise the same powers and jurisdiction, and receive the same compensation as the other judges of the court of common pleas of Greene county and shall be elected and designated as the judge of the court of common pleas, division of domestic relations. The judge shall be assigned all divorce, dissolution of marriage, legal separation, annulment, uniform reciprocal support enforcement, and domestic violence cases and all other cases related to domestic relations, except cases that for some special reason are assigned to some other judge of the court of common pleas.

The judge shall be charged with the assignment and division of the work of the division and with the employment and supervision of all other personnel of the division. The judge also shall designate the title, compensation, hours, leaves of absence, and vacations of the personnel of the division and shall fix their duties. The duties of the personnel of the division, in addition to other statutory duties, shall include the handling, servicing, and investigation of divorce, dissolution of marriage, legal separation, and annulment cases and the provision of counseling and conciliation services that the division considers necessary and makes available to persons who request the services, whether or not the persons are parties in an action pending in the division. The compensation for the personnel shall be paid from the overall court budget and shall be included in the appropriations for the existing judges of the general division of the court of common pleas.

(2) The judge of the court of common pleas whose term begins on January 1, 1995, and successors, shall have the same qualifications, exercise the same powers and jurisdiction, and receive the same compensation as the other judges of the court of common pleas of Greene county, shall be elected and designated as judge of the court of common pleas, juvenile division, and, on or after January 1, 1995, shall be the juvenile judge as provided in Chapter CHAPTERS 2151. AND 2152. of the Revised Code with the powers and jurisdiction conferred by that chapter THOSE CHAPTERS. The judge of the court of common pleas, juvenile division, shall be the administrator of the juvenile division and its subdivisions and departments. The judge shall have charge of the employment, assignment, and supervision of the personnel of the juvenile division who are engaged in handling, servicing, or investigating juvenile cases, including any referees whom the judge considers necessary for the discharge of the judge's various duties.

The judge also shall designate the title, compensation, expense allowances, hours, leaves of absence, and vacation of the personnel of the division and shall fix their duties. The duties of the personnel, in addition to other statutory duties, include the handling, servicing, and investigation of juvenile cases and providing any counseling and conciliation services that the court makes available to persons, whether or not the persons are parties to an action pending in the court, who request the services.

(3) If one of the judges of the court of common pleas, general division, is sick, absent, or unable to perform that judge's judicial duties or the volume of cases pending in the general division necessitates it, the duties of that judge of the general division shall be performed by the judge of the division of domestic relations and the judge of the juvenile division.

(P) In Portage county, the judge of the court of common pleas, whose term begins January 2, 1987, and successors, shall have the same qualifications, exercise the same powers and jurisdiction, and receive the same compensation as the other judges of the court of common pleas of Portage county and shall be elected and designated as judge of the court of common pleas, division of domestic relations. The judge shall be assigned all divorce, dissolution of marriage, legal separation, and annulment cases coming before the court, except in cases that for some special reason are assigned to some other judge of the court of common pleas. The judge shall be charged with the assignment and division of the work of the division and with the employment and supervision of all other personnel of the domestic relations division.

The judge also shall designate the title, compensation, expense allowances, hours, leaves of absence, and vacations of the personnel of the division and shall fix their duties. The duties of the personnel, in addition to other statutory duties, shall include the handling, servicing, and investigation of divorce, dissolution of marriage, legal separation, and annulment cases and providing any counseling and conciliation services that the division makes available to persons, whether or not the persons are parties to an action pending in the division, who request the services.

(Q) In Clermont county, the judge of the court of common pleas, whose term begins January 2, 1987, and successors, shall have the same qualifications, exercise the same powers and jurisdiction, and receive the same compensation as the other judges of the court of common pleas of Clermont county and shall be elected and designated as judge of the court of common pleas, division of domestic relations. The judge shall be assigned all divorce, dissolution of marriage, legal separation, and annulment cases coming before the court, except in cases that for some special reason are