As Reported by the Senate Judiciary--Civil Justice Committee

128th General Assembly
Regular Session
2009-2010
Sub. H. B. No. 10


Representative Brown 

Cosponsors: Representatives Szollosi, Williams, B., Letson, Harwood, Stewart, Chandler, Gardner, Boyd, Garrison, Otterman, Luckie, Stebelton, Harris, Newcomb, Williams, S., Phillips, Foley, Slesnick, Fende, Pillich, Book, Mecklenborg, Skindell, Yates, Amstutz, Bacon, Belcher, Blair, Bolon, Boose, Bubp, Carney, Celeste, Coley, Combs, Daniels, DeBose, DeGeeter, Derickson, Dodd, Domenick, Driehaus, Dyer, Evans, Garland, Gerberry, Goyal, Grossman, Hackett, Hagan, Heard, Hottinger, Jones, Koziura, Lehner, Lundy, Mallory, Mandel, McClain, Murray, Oelslager, Okey, Patten, Pryor, Ruhl, Sayre, Sears, Snitchler, Ujvagi, Weddington, Winburn, Yuko, Zehringer 

A BILL
To amend sections 109.36, 109.57, 1901.26, 1901.261, 1
1907.24, 2101.16, 2101.162, 2101.17, 2111.51, 2
2113.031, 2151.23, 2151.358, 2151.541, 2152.02, 3
2301.03, 2303.20, 2303.201, 2329.07, 2743.191, 4
2903.214, 2913.04, 2919.25, 2919.27, 3109.06, 5
3113.31, and 3113.33 and to enact sections 6
2151.34 and 2303.202 of the Revised Code to allow 7
a juvenile court to issue a protection order 8
against a child who is alleged to have committed 9
certain offenses or domestic violence against the 10
person to be protected, to include foster parents 11
under the scope of the domestic violence laws, to 12
prohibit the unauthorized use of the Ohio Law 13
Enforcement Gateway, to include courts of appeals 14
within the definition of "state" for the purposes 15
of representation by the attorney general in a 16
civil action brought against a judge that was 17
elected or appointed to a court of appeals or a 18
person employed by a court of appeals, to give the 19
judges of the Butler County Court of Common Pleas 20
concurrent jurisdiction with judges of the 21
Juvenile Division of the Butler County Court of 22
Common Pleas with respect to certain custody and 23
support cases, to provide for the establishment by 24
court rule of certain fees to be charged by the 25
municipal court, court of common pleas, and 26
probate court, to provide that the judgments 27
against courts and clerks of courts do not become 28
dormant, to increase the additional filing fees in 29
municipal and county courts and courts of common 30
pleas, and to restrict the use of any portion of 31
those fees received by the Ohio Legal Assistance 32
Foundation or any recipient of financial 33
assistance from the Foundation. 34


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

       Section 1. That sections 109.36, 109.57, 1901.26, 1901.261, 35
1907.24, 2101.16, 2101.162, 2101.17, 2111.51, 2113.031, 2151.23, 36
2151.358, 2151.541, 2152.02, 2301.03, 2303.20, 2303.201, 2329.07, 37
2743.191, 2903.214, 2913.04, 2919.25, 2919.27, 3109.06, 3113.31, 38
and 3113.33 be amended and sections 2151.34 and 2303.202 of the 39
Revised Code be enacted to read as follows: 40

       Sec. 109.36.  As used in this section and sections 109.361 to 41
109.366 of the Revised Code:42

       (A)(1) "Officer or employee" means any of the following:43

       (a) A person who, at the time a cause of action against the 44
person arises, is serving in an elected or appointed office or 45
position with the state or is employed by the state.46

       (b) A person that, at the time a cause of action against the 47
person, partnership, or corporation arises, is rendering medical, 48
nursing, dental, podiatric, optometric, physical therapeutic, 49
psychiatric, or psychological services pursuant to a personal 50
services contract or purchased service contract with a department, 51
agency, or institution of the state.52

       (c) A person that, at the time a cause of action against the 53
person, partnership, or corporation arises, is rendering peer 54
review, utilization review, or drug utilization review services in 55
relation to medical, nursing, dental, podiatric, optometric, 56
physical therapeutic, psychiatric, or psychological services 57
pursuant to a personal services contract or purchased service 58
contract with a department, agency, or institution of the state.59

       (d) A person who, at the time a cause of action against the 60
person arises, is rendering medical services to patients in a 61
state institution operated by the department of mental health, is 62
a member of the institution's staff, and is performing the 63
services pursuant to an agreement between the state institution 64
and a board of alcohol, drug addiction, and mental health services 65
described in section 340.021 of the Revised Code.66

       (2) "Officer or employee" does not include any person 67
elected, appointed, or employed by any political subdivision of 68
the state.69

       (B) "State" means the state of Ohio, including but not 70
limited to, the general assembly, the supreme court, courts of 71
appeals, the offices of all elected state officers, and all 72
departments, boards, offices, commissions, agencies, institutions, 73
and other instrumentalities of the state of Ohio. "State" does not 74
include political subdivisions.75

       (C) "Political subdivisions" of the state means municipal 76
corporations, townships, counties, school districts, and all other 77
bodies corporate and politic responsible for governmental 78
activities only in geographical areas smaller than that of the 79
state.80

       (D) "Employer" means the general assembly, the supreme court, 81
courts of appeals, any office of an elected state officer, or any 82
department, board, office, commission, agency, institution, or 83
other instrumentality of the state of Ohio that employs or 84
contracts with an officer or employee or to which an officer or 85
employee is elected or appointed.86

       Sec. 109.57.  (A)(1) The superintendent of the bureau of 87
criminal identification and investigation shall procure from 88
wherever procurable and file for record photographs, pictures, 89
descriptions, fingerprints, measurements, and other information 90
that may be pertinent of all persons who have been convicted of 91
committing within this state a felony, any crime constituting a 92
misdemeanor on the first offense and a felony on subsequent 93
offenses, or any misdemeanor described in division (A)(1)(a), 94
(A)(8)(a), or (A)(10)(a) of section 109.572 of the Revised Code, 95
of all children under eighteen years of age who have been 96
adjudicated delinquent children for committing within this state 97
an act that would be a felony or an offense of violence if 98
committed by an adult or who have been convicted of or pleaded 99
guilty to committing within this state a felony or an offense of 100
violence, and of all well-known and habitual criminals. The 101
person in charge of any county, multicounty, municipal, 102
municipal-county, or multicounty-municipal jail or workhouse, 103
community-based correctional facility, halfway house, alternative 104
residential facility, or state correctional institution and the 105
person in charge of any state institution having custody of a 106
person suspected of having committed a felony, any crime 107
constituting a misdemeanor on the first offense and a felony on 108
subsequent offenses, or any misdemeanor described in division 109
(A)(1)(a), (A)(8)(a), or (A)(10)(a) of section 109.572 of the 110
Revised Code or having custody of a child under eighteen years of 111
age with respect to whom there is probable cause to believe that 112
the child may have committed an act that would be a felony or an 113
offense of violence if committed by an adult shall furnish such 114
material to the superintendent of the bureau. Fingerprints, 115
photographs, or other descriptive information of a child who is 116
under eighteen years of age, has not been arrested or otherwise 117
taken into custody for committing an act that would be a felony 118
or an offense of violence who is not in any other category of 119
child specified in this division, if committed by an adult, has 120
not been adjudicated a delinquent child for committing an act that 121
would be a felony or an offense of violence if committed by an 122
adult, has not been convicted of or pleaded guilty to committing 123
a felony or an offense of violence, and is not a child with 124
respect to whom there is probable cause to believe that the child 125
may have committed an act that would be a felony or an offense of 126
violence if committed by an adult shall not be procured by the 127
superintendent or furnished by any person in charge of any 128
county, multicounty, municipal, municipal-county, or 129
multicounty-municipal jail or workhouse, community-based 130
correctional facility, halfway house, alternative residential 131
facility, or state correctional institution, except as authorized 132
in section 2151.313 of the Revised Code. 133

       (2) Every clerk of a court of record in this state, other 134
than the supreme court or a court of appeals, shall send to the 135
superintendent of the bureau a weekly report containing a summary 136
of each case involving a felony, involving any crime constituting 137
a misdemeanor on the first offense and a felony on subsequent 138
offenses, involving a misdemeanor described in division (A)(1)(a), 139
(A)(8)(a), or (A)(10)(a) of section 109.572 of the Revised Code, 140
or involving an adjudication in a case in which a child under 141
eighteen years of age was alleged to be a delinquent child for 142
committing an act that would be a felony or an offense of 143
violence if committed by an adult. The clerk of the court of 144
common pleas shall include in the report and summary the clerk 145
sends under this division all information described in divisions 146
(A)(2)(a) to (f) of this section regarding a case before the 147
court of appeals that is served by that clerk. The summary shall 148
be written on the standard forms furnished by the superintendent 149
pursuant to division (B) of this section and shall include the 150
following information: 151

       (a) The incident tracking number contained on the standard 152
forms furnished by the superintendent pursuant to division (B) of 153
this section; 154

       (b) The style and number of the case; 155

       (c) The date of arrest, offense, summons, or arraignment; 156

       (d) The date that the person was convicted of or pleaded 157
guilty to the offense, adjudicated a delinquent child for 158
committing the act that would be a felony or an offense of 159
violence if committed by an adult, found not guilty of the 160
offense, or found not to be a delinquent child for committing an 161
act that would be a felony or an offense of violence if committed 162
by an adult, the date of an entry dismissing the charge, an entry 163
declaring a mistrial of the offense in which the person is 164
discharged, an entry finding that the person or child is not 165
competent to stand trial, or an entry of a nolle prosequi, or the 166
date of any other determination that constitutes final resolution 167
of the case; 168

       (e) A statement of the original charge with the section of 169
the Revised Code that was alleged to be violated; 170

       (f) If the person or child was convicted, pleaded guilty, or 171
was adjudicated a delinquent child, the sentence or terms of 172
probation imposed or any other disposition of the offender or the 173
delinquent child. 174

       If the offense involved the disarming of a law enforcement 175
officer or an attempt to disarm a law enforcement officer, the 176
clerk shall clearly state that fact in the summary, and the 177
superintendent shall ensure that a clear statement of that fact is 178
placed in the bureau's records. 179

       (3) The superintendent shall cooperate with and assist 180
sheriffs, chiefs of police, and other law enforcement officers in 181
the establishment of a complete system of criminal identification 182
and in obtaining fingerprints and other means of identification of 183
all persons arrested on a charge of a felony, any crime 184
constituting a misdemeanor on the first offense and a felony on 185
subsequent offenses, or a misdemeanor described in division 186
(A)(1)(a), (A)(8)(a), or (A)(10)(a) of section 109.572 of the 187
Revised Code and of all children under eighteen years of age 188
arrested or otherwise taken into custody for committing an act 189
that would be a felony or an offense of violence if committed by 190
an adult. The superintendent also shall file for record the 191
fingerprint impressions of all persons confined in a county, 192
multicounty, municipal, municipal-county, or multicounty-municipal 193
jail or workhouse, community-based correctional facility, halfway 194
house, alternative residential facility, or state correctional 195
institution for the violation of state laws and of all children 196
under eighteen years of age who are confined in a county, 197
multicounty, municipal, municipal-county, or multicounty-municipal 198
jail or workhouse, community-based correctional facility, halfway 199
house, alternative residential facility, or state correctional 200
institution or in any facility for delinquent children for 201
committing an act that would be a felony or an offense of violence 202
if committed by an adult, and any other information that the 203
superintendent may receive from law enforcement officials of the 204
state and its political subdivisions. 205

       (4) The superintendent shall carry out Chapter 2950. of the 206
Revised Code with respect to the registration of persons who are 207
convicted of or plead guilty to a sexually oriented offense or a 208
child-victim oriented offense and with respect to all other duties 209
imposed on the bureau under that chapter. 210

       (5) The bureau shall perform centralized recordkeeping 211
functions for criminal history records and services in this state 212
for purposes of the national crime prevention and privacy compact 213
set forth in section 109.571 of the Revised Code and is the 214
criminal history record repository as defined in that section for 215
purposes of that compact. The superintendent or the 216
superintendent's designee is the compact officer for purposes of 217
that compact and shall carry out the responsibilities of the 218
compact officer specified in that compact. 219

       (B) The superintendent shall prepare and furnish to every 220
county, multicounty, municipal, municipal-county, or 221
multicounty-municipal jail or workhouse, community-based 222
correctional facility, halfway house, alternative residential 223
facility, or state correctional institution and to every clerk of 224
a court in this state specified in division (A)(2) of this section 225
standard forms for reporting the information required under 226
division (A) of this section. The standard forms that the 227
superintendent prepares pursuant to this division may be in a 228
tangible format, in an electronic format, or in both tangible 229
formats and electronic formats. 230

       (C)(1) The superintendent may operate a center for 231
electronic, automated, or other data processing for the storage 232
and retrieval of information, data, and statistics pertaining to 233
criminals and to children under eighteen years of age who are 234
adjudicated delinquent children for committing an act that would 235
be a felony or an offense of violence if committed by an adult, 236
criminal activity, crime prevention, law enforcement, and criminal 237
justice, and may establish and operate a statewide communications 238
network to be known as the Ohio law enforcement gateway to gather 239
and disseminate information, data, and statistics for the use of 240
law enforcement agencies and for other uses specified in this 241
division. The superintendent may gather, store, retrieve, and 242
disseminate information, data, and statistics that pertain to 243
children who are under eighteen years of age and that are gathered 244
pursuant to sections 109.57 to 109.61 of the Revised Code together 245
with information, data, and statistics that pertain to adults and 246
that are gathered pursuant to those sections. 247

       (2) The superintendent or the superintendent's designee shall 248
gather information of the nature described in division (C)(1) of 249
this section that pertains to the offense and delinquency history 250
of a person who has been convicted of, pleaded guilty to, or been 251
adjudicated a delinquent child for committing a sexually oriented 252
offense or a child-victim oriented offense for inclusion in the 253
state registry of sex offenders and child-victim offenders 254
maintained pursuant to division (A)(1) of section 2950.13 of the 255
Revised Code and in the internet database operated pursuant to 256
division (A)(13) of that section and for possible inclusion in the 257
internet database operated pursuant to division (A)(11) of that 258
section. 259

        (3) In addition to any other authorized use of information, 260
data, and statistics of the nature described in division (C)(1) 261
of this section, the superintendent or the superintendent's 262
designee may provide and exchange the information, data, and 263
statistics pursuant to the national crime prevention and privacy 264
compact as described in division (A)(5) of this section. 265

       (4) The attorney general may adopt rules under Chapter 119. 266
of the Revised Code establishing guidelines for the operation of 267
and participation in the Ohio law enforcement gateway. The rules 268
may include criteria for granting and restricting access to 269
information gathered and disseminated through the Ohio law 270
enforcement gateway. The attorney general may appoint a steering 271
committee to advise the attorney general in the operation of the 272
Ohio law enforcement gateway that is comprised of persons who are 273
representatives of the criminal justice agencies in this state 274
that use the Ohio law enforcement gateway and is chaired by the 275
superintendent or the superintendent's designee.276

       (D)(1) The informationfollowing are not public records under 277
section 149.43 of the Revised Code:278

       (a) Information and materials furnished to the superintendent 279
pursuant to division (A) of this section and information;280

       (b) Information, data, and statistics gathered or 281
disseminated through the Ohio law enforcement gateway pursuant to 282
division (C)(1) of this section;283

       (c) Information and materials furnished to any board or 284
person under division (F) or (G) of this section are not public 285
records under section 149.43 of the Revised Code.286

       (2) The superintendent or the superintendent's designee shall 287
gather and retain information so furnished under division (A) of 288
this section that pertains to the offense and delinquency history 289
of a person who has been convicted of, pleaded guilty to, or been 290
adjudicated a delinquent child for committing a sexually oriented 291
offense or a child-victim oriented offense for the purposes 292
described in division (C)(2) of this section. 293

       (E) The attorney general shall adopt rules, in accordance 294
with Chapter 119. of the Revised Code, setting forth the procedure 295
by which a person may receive or release information gathered by 296
the superintendent pursuant to division (A) of this section. A 297
reasonable fee may be charged for this service. If a temporary 298
employment service submits a request for a determination of 299
whether a person the service plans to refer to an employment 300
position has been convicted of or pleaded guilty to an offense 301
listed in division (A)(1), (3), (4), (5), or (6) of section 302
109.572 of the Revised Code, the request shall be treated as a 303
single request and only one fee shall be charged. 304

       (F)(1) As used in division (F)(2) of this section, "head 305
start agency" means an entity in this state that has been approved 306
to be an agency for purposes of subchapter II of the "Community 307
Economic Development Act," 95 Stat. 489 (1981), 42 U.S.C.A. 9831, 308
as amended. 309

       (2)(a) In addition to or in conjunction with any request that 310
is required to be made under section 109.572, 2151.86, 3301.32, 311
3301.541, 3319.39, 3319.391, 3327.10, 3701.881, 5104.012, 312
5104.013, 5123.081, 5126.28, 5126.281, or 5153.111 of the Revised 313
Code or that is made under section 3314.41, 3319.392, or 3326.25 314
of the Revised Code, the board of education of any school 315
district; the director of developmental disabilities; any county 316
board of developmental disabilities; any entity under contract 317
with a county board of developmental disabilities; the chief 318
administrator of any chartered nonpublic school; the chief 319
administrator of any home health agency; the chief administrator 320
of or person operating any child day-care center, type A family 321
day-care home, or type B family day-care home licensed or 322
certified under Chapter 5104. of the Revised Code; the 323
administrator of any type C family day-care home certified 324
pursuant to Section 1 of Sub. H.B. 62 of the 121st general 325
assembly or Section 5 of Am. Sub. S.B. 160 of the 121st general 326
assembly; the chief administrator of any head start agency; the 327
executive director of a public children services agency; a private 328
company described in section 3314.41, 3319.392, or 3326.25 of the 329
Revised Code; or an employer described in division (J)(2) of 330
section 3327.10 of the Revised Code may request that the 331
superintendent of the bureau investigate and determine, with 332
respect to any individual who has applied for employment in any 333
position after October 2, 1989, or any individual wishing to 334
apply for employment with a board of education may request, with 335
regard to the individual, whether the bureau has any information 336
gathered under division (A) of this section that pertains to that 337
individual. On receipt of the request, the superintendent shall 338
determine whether that information exists and, upon request of 339
the person, board, or entity requesting information, also shall 340
request from the federal bureau of investigation any criminal 341
records it has pertaining to that individual. The superintendent 342
or the superintendent's designee also may request criminal 343
history records from other states or the federal government 344
pursuant to the national crime prevention and privacy compact set 345
forth in section 109.571 of the Revised Code. Within thirty days 346
of the date that the superintendent receives a request, the 347
superintendent shall send to the board, entity, or person a 348
report of any information that the superintendent determines 349
exists, including information contained in records that have been 350
sealed under section 2953.32 of the Revised Code, and, within 351
thirty days of its receipt, shall send the board, entity, or 352
person a report of any information received from the federal 353
bureau of investigation, other than information the dissemination 354
of which is prohibited by federal law. 355

       (b) When a board of education is required to receive 356
information under this section as a prerequisite to employment of 357
an individual pursuant to section 3319.39 of the Revised Code, it 358
may accept a certified copy of records that were issued by the 359
bureau of criminal identification and investigation and that are 360
presented by an individual applying for employment with the 361
district in lieu of requesting that information itself. In such a 362
case, the board shall accept the certified copy issued by the 363
bureau in order to make a photocopy of it for that individual's 364
employment application documents and shall return the certified 365
copy to the individual. In a case of that nature, a district only 366
shall accept a certified copy of records of that nature within one 367
year after the date of their issuance by the bureau. 368

       (c) Notwithstanding division (F)(2)(a) of this section, in 369
the case of a request under section 3319.39, 3319.391, or 3327.10 370
of the Revised Code only for criminal records maintained by the 371
federal bureau of investigation, the superintendent shall not 372
determine whether any information gathered under division (A) of 373
this section exists on the person for whom the request is made.374

       (3) The state board of education may request, with respect to 375
any individual who has applied for employment after October 2, 376
1989, in any position with the state board or the department of 377
education, any information that a school district board of 378
education is authorized to request under division (F)(2) of this 379
section, and the superintendent of the bureau shall proceed as if 380
the request has been received from a school district board of 381
education under division (F)(2) of this section. 382

       (4) When the superintendent of the bureau receives a request 383
for information under section 3319.291 of the Revised Code, the 384
superintendent shall proceed as if the request has been received 385
from a school district board of education and shall comply with 386
divisions (F)(2)(a) and (c) of this section. 387

       (5) When a recipient of a classroom reading improvement grant 388
paid under section 3301.86 of the Revised Code requests, with 389
respect to any individual who applies to participate in providing 390
any program or service funded in whole or in part by the grant, 391
the information that a school district board of education is 392
authorized to request under division (F)(2)(a) of this section, 393
the superintendent of the bureau shall proceed as if the request 394
has been received from a school district board of education under 395
division (F)(2)(a) of this section. 396

       (G) In addition to or in conjunction with any request that is 397
required to be made under section 3701.881, 3712.09, 3721.121, or 398
3722.151 of the Revised Code with respect to an individual who has 399
applied for employment in a position that involves providing 400
direct care to an older adult, the chief administrator of a home 401
health agency, hospice care program, home licensed under Chapter 402
3721. of the Revised Code, adult day-care program operated 403
pursuant to rules adopted under section 3721.04 of the Revised 404
Code, or adult care facility may request that the superintendent 405
of the bureau investigate and determine, with respect to any 406
individual who has applied after January 27, 1997, for employment 407
in a position that does not involve providing direct care to an 408
older adult, whether the bureau has any information gathered under 409
division (A) of this section that pertains to that individual. 410

       In addition to or in conjunction with any request that is 411
required to be made under section 173.27 of the Revised Code with 412
respect to an individual who has applied for employment in a 413
position that involves providing ombudsperson services to 414
residents of long-term care facilities or recipients of 415
community-based long-term care services, the state long-term care 416
ombudsperson, ombudsperson's designee, or director of health may 417
request that the superintendent investigate and determine, with 418
respect to any individual who has applied for employment in a 419
position that does not involve providing such ombudsperson 420
services, whether the bureau has any information gathered under 421
division (A) of this section that pertains to that applicant. 422

       In addition to or in conjunction with any request that is 423
required to be made under section 173.394 of the Revised Code with 424
respect to an individual who has applied for employment in a 425
position that involves providing direct care to an individual, the 426
chief administrator of a community-based long-term care agency may 427
request that the superintendent investigate and determine, with 428
respect to any individual who has applied for employment in a 429
position that does not involve providing direct care, whether the 430
bureau has any information gathered under division (A) of this 431
section that pertains to that applicant. 432

       On receipt of a request under this division, the 433
superintendent shall determine whether that information exists 434
and, on request of the individual requesting information, shall 435
also request from the federal bureau of investigation any criminal 436
records it has pertaining to the applicant. The superintendent or 437
the superintendent's designee also may request criminal history 438
records from other states or the federal government pursuant to 439
the national crime prevention and privacy compact set forth in 440
section 109.571 of the Revised Code. Within thirty days of the 441
date a request is received, the superintendent shall send to the 442
requester a report of any information determined to exist, 443
including information contained in records that have been sealed 444
under section 2953.32 of the Revised Code, and, within thirty days 445
of its receipt, shall send the requester a report of any 446
information received from the federal bureau of investigation, 447
other than information the dissemination of which is prohibited by 448
federal law. 449

       (H) Information obtained by a government entity or person 450
under this section is confidential and shall not be released or 451
disseminated. 452

       (I) The superintendent may charge a reasonable fee for 453
providing information or criminal records under division (F)(2) or 454
(G) of this section. 455

       (J) As used in this section, "sexually oriented offense" and 456
"child-victim oriented offense" have the same meanings as in 457
section 2950.01 of the Revised Code. 458

       Sec. 1901.26.  (A) Subject to division (E) of this section, 459
costs in a municipal court shall be fixed and taxed as follows:460

       (1)(a) The municipal court shall require an advance deposit 461
for the filing of any new civil action or proceeding when required 462
by division (C) of this section, and in all other cases, by rule, 463
shall establish a schedule of fees and costs to be taxed in any 464
civil or criminal action or proceeding.465

       (b)(i) The legislative authority of a municipal corporation 466
may by ordinance establish a schedule of fees to be taxed as costs 467
in any civil, criminal, or traffic action or proceeding in a 468
municipal court for the performance by officers or other employees 469
of the municipal corporation's police department or marshal's 470
office of any of the services specified in sections 311.17 and 471
509.15 of the Revised Code. No fee in the schedule shall be higher 472
than the fee specified in section 311.17 of the Revised Code for 473
the performance of the same service by the sheriff. If a fee 474
established in the schedule conflicts with a fee for the same 475
service established in another section of the Revised Code or a 476
rule of court, the fee established in the other section of the 477
Revised Code or the rule of court shall apply.478

        (ii) When an officer or employee of a municipal police 479
department or marshal's office performs in a civil, criminal, or 480
traffic action or proceeding in a municipal court a service 481
specified in section 311.17 or 509.15 of the Revised Code for 482
which a taxable fee has been established under this or any other 483
section of the Revised Code, the applicable legal fees and any 484
other extraordinary expenses, including overtime, provided for the 485
service shall be taxed as costs in the case. The clerk of the 486
court shall pay those legal fees and other expenses, when 487
collected, into the general fund of the municipal corporation that 488
employs the officer or employee.489

        (iii) If a bailiff of a municipal court performs in a civil, 490
criminal, or traffic action or proceeding in that court a service 491
specified in section 311.17 or 509.15 of the Revised Code for 492
which a taxable fee has been established under this section or any 493
other section of the Revised Code, the fee for the service is the 494
same and is taxable to the same extent as if the service had been 495
performed by an officer or employee of the police department or 496
marshal's office of the municipal corporation in which the court 497
is located. The clerk of that court shall pay the fee, when 498
collected, into the general fund of the entity or entities that 499
fund the bailiff's salary, in the same prorated amount as the 500
salary is funded.501

        (iv) Division (A)(1)(b) of this section does not authorize or 502
require any officer or employee of a police department or 503
marshal's office of a municipal corporation or any bailiff of a 504
municipal court to perform any service not otherwise authorized by 505
law.506

       (2) The municipal court, by rule, may require an advance 507
deposit for the filing of any civil action or proceeding and 508
publication fees as provided in section 2701.09 of the Revised 509
Code. The court may waive the requirement for advance deposit upon 510
affidavit or other evidence that a party is unable to make the 511
required deposit.512

       (3) When a jury trial is demanded in any civil action or 513
proceeding, the party making the demand may be required to make an 514
advance deposit as fixed by rule of court, unless, upon affidavit 515
or other evidence, the court concludes that the party is unable to 516
make the required deposit. If a jury is called, the fees of a jury 517
shall be taxed as costs.518

       (4) In any civil or criminal action or proceeding, each 519
witness shall receive twelve dollars for each full day's 520
attendance and six dollars for each half day's attendance. Each 521
witness in a municipal court that is not a county-operated 522
municipal court also shall receive fifty and one-half cents for 523
each mile necessarily traveled to and from the witness's place of 524
residence to the action or proceeding.525

       (5) A reasonable charge for driving, towing, carting, 526
storing, keeping, and preserving motor vehicles and other personal 527
property recovered or seized in any proceeding may be taxed as 528
part of the costs in a trial of the cause, in an amount that shall 529
be fixed by rule of court.530

       (6) Chattel property seized under any writ or process issued 531
by the court shall be preserved pending final disposition for the 532
benefit of all persons interested and may be placed in storage 533
when necessary or proper for that preservation. The custodian of 534
any chattel property so stored shall not be required to part with 535
the possession of the property until a reasonable charge, to be 536
fixed by the court, is paid.537

       (7) The municipal court, as it determines, may refund all 538
deposits and advance payments of fees and costs, including those 539
for jurors and summoning jurors, when they have been paid by the 540
losing party.541

       (8) Charges for the publication of legal notices required by 542
statute or order of court may be taxed as part of the costs, as 543
provided by section 7.13 of the Revised Code.544

       (B)(1) The municipal court may determine that, for the 545
efficient operation of the court, additional funds are necessary 546
to acquire and pay for special projects of the court including, 547
but not limited to, the acquisition of additional facilities or 548
the rehabilitation of existing facilities, the acquisition of 549
equipment, the hiring and training of staff, community service 550
programs, mediation or dispute resolution services, the employment 551
of magistrates, the training and education of judges, acting 552
judges, and magistrates, and other related services. Upon that 553
determination, the court by rule may charge a fee, in addition to 554
all other court costs, on the filing of each criminal cause, civil 555
action or proceeding, or judgment by confession.556

       If the municipal court offers a special program or service in 557
cases of a specific type, the municipal court by rule may assess 558
an additional charge in a case of that type, over and above court 559
costs, to cover the special program or service. The municipal 560
court shall adjust the special assessment periodically, but not 561
retroactively, so that the amount assessed in those cases does not 562
exceed the actual cost of providing the service or program.563

       All moneys collected under division (B) of this section shall 564
be paid to the county treasurer if the court is a county-operated 565
municipal court or to the city treasurer if the court is not a 566
county-operated municipal court for deposit into either a general 567
special projects fund or a fund established for a specific special 568
project. Moneys from a fund of that nature shall be disbursed upon 569
an order of the court in an amount no greater than the actual cost 570
to the court of a project. If a specific fund is terminated 571
because of the discontinuance of a program or service established 572
under division (B) of this section, the municipal court may order 573
that moneys remaining in the fund be transferred to an account 574
established under this division for a similar purpose.575

       (2) As used in division (B) of this section:576

       (a) "Criminal cause" means a charge alleging the violation of 577
a statute or ordinance, or subsection of a statute or ordinance, 578
that requires a separate finding of fact or a separate plea before 579
disposition and of which the defendant may be found guilty, 580
whether filed as part of a multiple charge on a single summons, 581
citation, or complaint or as a separate charge on a single 582
summons, citation, or complaint. "Criminal cause" does not include 583
separate violations of the same statute or ordinance, or 584
subsection of the same statute or ordinance, unless each charge is 585
filed on a separate summons, citation, or complaint.586

       (b) "Civil action or proceeding" means any civil litigation 587
that must be determined by judgment entry.588

       (C) The municipal court shall collect in all its divisions 589
except the small claims division the sum of twenty-sixthirty-one590
dollars as additional filing fees in each new civil action or 591
proceeding for the charitable public purpose of providing 592
financial assistance to legal aid societies that operate within 593
the state and to support the office of the state public defender. 594
The municipal court shall collect in its small claims division the 595
sum of eleven dollars as additional filing fees in each new civil 596
action or proceeding for the charitable public purpose of 597
providing financial assistance to legal aid societies that operate 598
within the state and to support the office of the state public 599
defender. This division does not apply to any execution on a 600
judgment, proceeding in aid of execution, or other post-judgment 601
proceeding arising out of a civil action. The filing fees required 602
to be collected under this division shall be in addition to any 603
other court costs imposed in the action or proceeding and shall be 604
collected at the time of the filing of the action or proceeding. 605
The court shall not waive the payment of the additional filing 606
fees in a new civil action or proceeding unless the court waives 607
the advanced payment of all filing fees in the action or 608
proceeding. All such moneys collected during a month except for an 609
amount equal to up to one per cent of those moneys retained to 610
cover administrative costs shall be transmitted on or before the 611
twentieth day of the following month by the clerk of the court to 612
the treasurer of state in a manner prescribed by the treasurer of 613
state or by the Ohio legal assistance foundation. The treasurer of 614
state shall deposit fourthree per cent of the funds collected 615
under this division to the credit of the civil case filing fee 616
fund established under section 120.07 of the Revised Code and 617
ninety-sixninety-seven per cent of the funds collected under this 618
division to the credit of the legal aid fund established under 619
section 120.52 of the Revised Code.620

       The Ohio legal assistance foundation or any recipient of 621
financial assistance from the foundation that receives, or 622
benefits from, any portion of the additional filing fees that are 623
collected and transmitted under this division shall not bring or 624
maintain any action for damages against the state or its political 625
subdivisions, except if the sole amount sought is restitutionary 626
damages or damages measured by economic loss to one or more 627
plaintiffs.628

       The court may retain up to one per cent of the moneys it 629
collects under this division to cover administrative costs, 630
including the hiring of any additional personnel necessary to 631
implement this division. If the court fails to transmit to the 632
treasurer of state the moneys the court collects under this 633
division in a manner prescribed by the treasurer of state or by 634
the Ohio legal assistance foundation, the court shall forfeit the 635
moneys the court retains under this division to cover 636
administrative costs, including the hiring of any additional 637
personnel necessary to implement this division, and shall transmit 638
to the treasurer of state all moneys collected under this 639
division, including the forfeited amount retained for 640
administrative costs, for deposit in the legal aid fund.641

       (D) In the Cleveland municipal court, reasonable charges for 642
investigating titles of real estate to be sold or disposed of 643
under any writ or process of the court may be taxed as part of the 644
costs.645

       (E) Under the circumstances described in sections 2969.21 to 646
2969.27 of the Revised Code, the clerk of the municipal court 647
shall charge the fees and perform the other duties specified in 648
those sections.649

       (F) As used in this section:650

       (1) "Full day's attendance" means a day on which a witness is 651
required or requested to be present at an action or proceeding 652
before and after twelve noon, regardless of whether the witness 653
actually testifies.654

       (2) "Half day's attendance" means a day on which a witness is 655
required or requested to be present at an action or proceeding 656
either before or after twelve noon, but not both, regardless of 657
whether the witness actually testifies.658

       Sec. 1901.261.  (A)(1) A municipal court may determine that 659
for the efficient operation of the court additional funds are 660
required to computerize the court, to make available computerized 661
legal research services, or to do both. Upon making a 662
determination that additional funds are required for either or 663
both of those purposes, the court shall include in its schedule of 664
fees and costs under section 1901.26 of the Revised Codeestablish 665
by rule and charge one additional fee not to exceed threesix666
dollars on the filing of each cause of action or appeal equivalent 667
to one described in division (A), (Q), or (U) of section 2303.20 668
of the Revised Code and shall direct the clerk of the court to 669
charge the fee. Not less than thirty days before adopting a rule 670
under this division, the clerk of the court shall publish a notice 671
in a newspaper of general circulation in the county in which the 672
municipal court is located setting forth the proposed rule.673

       (2) All fees collected under this section shall be paid to 674
the county treasurer if the court is a county-operated municipal 675
court or to the city treasurer if the court is not a 676
county-operated municipal court. The treasurer shall place the 677
funds from the fees in a separate fund to be disbursed upon an 678
order of the court in an amount not greater than the actual cost 679
to the court of computerizing the court, procuring and maintaining 680
computerized legal research services, or both.681

       (3) If the court determines that the funds in the fund 682
described in division (A)(2) of this section are more than 683
sufficient to satisfy the purpose for which the additional fee 684
described in division (A)(1) of this section was imposed, the 685
court may declare a surplus in the fund and expend those surplus 686
funds for other appropriate technological expenses of the court.687

       (B)(1) A municipal court may determine that, for the 688
efficient operation of the court, additional funds are required to 689
make technological advances and to computerize the office of the 690
clerk of the court and, upon that determination, may include in 691
its schedule of fees and costs under section 1901.26 of the 692
Revised Codeestablish by rule and charge an additional fee not to 693
exceed tentwenty dollars on the filing of each cause of action or 694
appeal, on the filing, docketing, and endorsing of each 695
certificate of judgment, or on the docketing and indexing of each 696
aid in execution or petition to vacate, revive, or modify a 697
judgment that is equivalent to one described in division (A), (P), 698
(Q), (T), or (U) of section 2303.20 of the Revised Code. Not less 699
than thirty days before adopting a rule under this division, the 700
clerk of the court shall publish a notice in a newspaper of 701
general circulation in the county in which the municipal court is 702
located setting forth the proposed rule. Subject to division 703
(B)(2) of this section, all moneys collected under division (B)(1) 704
of this section shall be paid to the county treasurer if the court 705
is a county-operated municipal court or to the city treasurer if 706
the court is not a county-operated municipal court. The treasurer 707
shall place the funds from the fees in a separate fund to be 708
disbursed, upon an order of the municipal court and subject to an 709
appropriation by the board of county commissioners if the court is 710
a county-operated municipal court or by the legislative authority 711
of the municipal corporation if the court is not a county-operated 712
municipal court, in an amount no greater than the actual cost to 713
the court of procuring and maintaining computer systems for the 714
office of the clerk of the municipal court.715

       (2) If a municipal court makes the determination described in 716
division (B)(1) of this section, the board of county commissioners 717
of the county if the court is a county-operated municipal court or 718
the legislative authority of the municipal corporation if the 719
court is not a county-operated municipal court, may issue one or 720
more general obligation bonds for the purpose of procuring and 721
maintaining the computer systems for the office of the clerk of 722
the municipal court. In addition to the purposes stated in 723
division (B)(1) of this section for which the moneys collected 724
under that division may be expended, the moneys additionally may 725
be expended to pay debt charges and financing costs related to any 726
general obligation bonds issued pursuant to division (B)(2) of 727
this section as they become due. General obligation bonds issued 728
pursuant to division (B)(2) of this section are Chapter 133. 729
securities.730

       Sec. 1907.24.  (A) Subject to division (C) of this section, a 731
county court shall fix and tax fees and costs as follows:732

       (1) The county court shall require an advance deposit for the 733
filing of any new civil action or proceeding when required by 734
division (C) of this section and, in all other cases, shall 735
establish a schedule of fees and costs to be taxed in any civil or 736
criminal action or proceeding.737

       (2) The county court by rule may require an advance deposit 738
for the filing of a civil action or proceeding and publication 739
fees as provided in section 2701.09 of the Revised Code. The court 740
may waive an advance deposit requirement upon the presentation of 741
an affidavit or other evidence that establishes that a party is 742
unable to make the requisite deposit.743

       (3) When a party demands a jury trial in a civil action or 744
proceeding, the county court may require the party to make an 745
advance deposit as fixed by rule of court, unless the court 746
concludes, on the basis of an affidavit or other evidence 747
presented by the party, that the party is unable to make the 748
requisite deposit. If a jury is called, the county court shall tax 749
the fees of a jury as costs.750

       (4) In a civil or criminal action or proceeding, the county 751
court shall fix the fees of witnesses in accordance with sections 752
2335.06 and 2335.08 of the Revised Code.753

       (5) A county court may tax as part of the costs in a trial of 754
the cause, in an amount fixed by rule of court, a reasonable 755
charge for driving, towing, carting, storing, keeping, and 756
preserving motor vehicles and other personal property recovered or 757
seized in a proceeding.758

       (6) The court shall preserve chattel property seized under a 759
writ or process issued by the court pending final disposition for 760
the benefit of all interested persons. The court may place the 761
chattel property in storage when necessary or proper for its 762
preservation. The custodian of chattel property so stored shall 763
not be required to part with the possession of the property until 764
a reasonable charge, to be fixed by the court, is paid.765

       (7) The county court, as it determines, may refund all 766
deposits and advance payments of fees and costs, including those 767
for jurors and summoning jurors, when they have been paid by the 768
losing party.769

       (8) The court may tax as part of costs charges for the 770
publication of legal notices required by statute or order of 771
court, as provided by section 7.13 of the Revised Code.772

       (B)(1) The county court may determine that, for the efficient 773
operation of the court, additional funds are necessary to acquire 774
and pay for special projects of the court including, but not 775
limited to, the acquisition of additional facilities or the 776
rehabilitation of existing facilities, the acquisition of 777
equipment, the hiring and training of staff, community service 778
programs, mediation or dispute resolution services, the employment 779
of magistrates, the training and education of judges, acting 780
judges, and magistrates, and other related services. Upon that 781
determination, the court by rule may charge a fee, in addition to 782
all other court costs, on the filing of each criminal cause, civil 783
action or proceeding, or judgment by confession.784

       If the county court offers a special program or service in 785
cases of a specific type, the county court by rule may assess an 786
additional charge in a case of that type, over and above court 787
costs, to cover the special program or service. The county court 788
shall adjust the special assessment periodically, but not 789
retroactively, so that the amount assessed in those cases does not 790
exceed the actual cost of providing the service or program.791

       All moneys collected under division (B) of this section shall 792
be paid to the county treasurer for deposit into either a general 793
special projects fund or a fund established for a specific special 794
project. Moneys from a fund of that nature shall be disbursed upon 795
an order of the court in an amount no greater than the actual cost 796
to the court of a project. If a specific fund is terminated 797
because of the discontinuance of a program or service established 798
under division (B) of this section, the county court may order 799
that moneys remaining in the fund be transferred to an account 800
established under this division for a similar purpose.801

       (2) As used in division (B) of this section:802

       (a) "Criminal cause" means a charge alleging the violation of 803
a statute or ordinance, or subsection of a statute or ordinance, 804
that requires a separate finding of fact or a separate plea before 805
disposition and of which the defendant may be found guilty, 806
whether filed as part of a multiple charge on a single summons, 807
citation, or complaint or as a separate charge on a single 808
summons, citation, or complaint. "Criminal cause" does not include 809
separate violations of the same statute or ordinance, or 810
subsection of the same statute or ordinance, unless each charge is 811
filed on a separate summons, citation, or complaint.812

       (b) "Civil action or proceeding" means any civil litigation 813
that must be determined by judgment entry.814

       (C) Subject to division (E) of this section, the county court 815
shall collect in all its divisions except the small claims 816
division the sum of twenty-sixthirty-one dollars as additional 817
filing fees in each new civil action or proceeding for the 818
charitable public purpose of providing financial assistance to 819
legal aid societies that operate within the state and to support 820
the office of the state public defender. Subject to division (E) 821
of this section, the county court shall collect in its small 822
claims division the sum of eleven dollars as additional filing 823
fees in each new civil action or proceeding for the charitable 824
public purpose of providing financial assistance to legal aid 825
societies that operate within the state and to support the office 826
of the state public defender. This division does not apply to any 827
execution on a judgment, proceeding in aid of execution, or other 828
post-judgment proceeding arising out of a civil action. The filing 829
fees required to be collected under this division shall be in 830
addition to any other court costs imposed in the action or 831
proceeding and shall be collected at the time of the filing of the 832
action or proceeding. The court shall not waive the payment of the 833
additional filing fees in a new civil action or proceeding unless 834
the court waives the advanced payment of all filing fees in the 835
action or proceeding. All such moneys collected during a month 836
except for an amount equal to up to one per cent of those moneys 837
retained to cover administrative costs shall be transmitted on or 838
before the twentieth day of the following month by the clerk of 839
the court to the treasurer of state in a manner prescribed by the 840
treasurer of state or by the Ohio legal assistance foundation. The 841
treasurer of state shall deposit fourthree per cent of the funds 842
collected under this division to the credit of the civil case 843
filing fee fund established under section 120.07 of the Revised 844
Code and ninety-sixninety-seven per cent of the funds collected 845
under this division to the credit of the legal aid fund 846
established under section 120.52 of the Revised Code.847

       The Ohio legal assistance foundation or any recipient of 848
financial assistance from the foundation that receives, or 849
benefits from, any portion of the additional filing fees that are 850
collected and transmitted under this division shall not bring or 851
maintain any action for damages against the state or its political 852
subdivisions, except if the sole amount sought is restitutionary 853
damages or damages measured by economic loss to one or more 854
plaintiffs.855

       The court may retain up to one per cent of the moneys it 856
collects under this division to cover administrative costs, 857
including the hiring of any additional personnel necessary to 858
implement this division. If the court fails to transmit to the 859
treasurer of state the moneys the court collects under this 860
division in a manner prescribed by the treasurer of state or by 861
the Ohio legal assistance foundation, the court shall forfeit the 862
moneys the court retains under this division to cover 863
administrative costs, including the hiring of any additional 864
personnel necessary to implement this division, and shall transmit 865
to the treasurer of state all moneys collected under this 866
division, including the forfeited amount retained for 867
administrative costs, for deposit in the legal aid fund.868

       (D) The county court shall establish by rule a schedule of 869
fees for miscellaneous services performed by the county court or 870
any of its judges in accordance with law. If judges of the court 871
of common pleas perform similar services, the fees prescribed in 872
the schedule shall not exceed the fees for those services 873
prescribed by the court of common pleas.874

       (E) Under the circumstances described in sections 2969.21 to 875
2969.27 of the Revised Code, the clerk of the county court shall 876
charge the fees and perform the other duties specified in those 877
sections.878

       Sec. 2101.16.  (A) Except as provided in section 2101.164 of 879
the Revised Code, the probate court shall establish by rule, 880
charge, and collect, if possible, fees enumeratedfor services 881
rendered in proceedings referred to in this division shall be 882
charged and collected, if possible, by the probate judge, and the 883
fees shall be in full for all services rendered in the respective 884
proceedings. The fee established for services rendered in any 885
proceeding referred to in division (A)(2), (29), (33), (44), or 886
(57) of this section shall not be less than the amount of that fee 887
that must be deposited into a specific fund under division (C) or 888
(G) of this section. The probate judge may by rule modify any fee 889
previously established under this division. Not less than thirty 890
days before adopting a rule under this division, the probate judge 891
shall publish a notice in a newspaper of general circulation in 892
the county in which the probate court is located setting forth the 893
proposed rule. The probate judge shall establish fees for services 894
rendered in the following proceedings, not to exceed the specified 895
amounts:896

(1) Account, in addition to advertising charges 897
$ 12.00 20.00 898
Waivers and proof of notice of hearing on account, per page, minimum one dollar 899
$ 1.00 2.00 900
(2) Account of distribution, in addition to advertising charges 901
$ 7.00 902
(3) Adoption of child, petition for 903
$ 50.00 60.00 904
(4)(3) Alter or cancel contract for sale or purchase of real estate, petition to 905
$ 20.00 35.00 906
(5) Application and (4) Entry or order not otherwise provided for in this section or by rule adopted pursuant to division (E) of this section 907
$ 5.00 10.00 908
(6)(5) Appropriation suit, per day, hearing in 909
$ 20.00 35.00 910
(7)(6) Birth, application for registration of 911
$ 7.00 15.00 912
(8)(7) Birth record, application to correct 913
$ 5.00 10.00 914
(9)(8) Bond, application for new or additional 915
$ 5.00 10.00 916
(10)(9) Bond, application for release of surety or reduction of 917
$ 5.00 10.00 918
(11)(10) Bond, receipt for securities deposited in lieu of 919
$ 5.00 10.00 920
(12)(11) Certified copy of journal entry, record, or proceeding, per page, minimum fee one dollar 921
$ 1.00 2.00 922
(13)(12) Citation and issuing citation, application for 923
$ 5.00 10.00 924
(14)(13) Change of name, petition for 925
$ 20.00 35.00 926
(15)(14) Claim, application of administrator or executor for allowance of administrator's or executor's own 927
$ 10.00 20.00 928
(16)(15) Claim, application to compromise or settle 929
$ 10.00 20.00 930
(17)(16) Claim, authority to present 931
$ 10.00 20.00 932
(18)(17) Commissioner, appointment of 933
$ 5.00 10.00 934
(19)(18) Compensation for extraordinary services and attorney's fees for fiduciary, application for 935
$ 5.00 10.00 936
(20)(19) Competency, application to procure adjudication of 937
$ 20.00 35.00 938
(21)(20) Complete contract, application to 939
$ 10.00 20.00 940
(22)(21) Concealment of assets, citation for 941
$ 10.00 20.00 942
(23)(22) Construction of will, petition for 943
$ 20.00 35.00 944
(24)(23) Continue decedent's business, application to 945
$ 10.00 20.00 946
Monthly reports of operation 947
$ 5.00 10.00 948
(25)(24) Declaratory judgment, petition for 949
$ 20.00 35.00 950
(26)(25) Deposit of will 951
$ 5.00 10.00 952
(27)(26) Designation of heir 953
$ 20.00 35.00 954
(28)(27) Distribution in kind, application, assent, and order for 955
$ 5.00 10.00 956
(29)(28) Distribution under section 2109.36 of the Revised Code, application for an order of 957
$ 7.00 15.00 958
(30)(29) Docketing and indexing proceedings, including the filing and noting of all necessary documents, maximum fee, fifteen dollars 959
$ 15.00 30.00 960
(31)(30) Exceptions to any proceeding named in this section, contest of appointment or 961
$ 10.00 20.00 962
(32)(31) Election of surviving partner to purchase assets of partnership, proceedings relating to 963
$ 10.00 20.00 964
(33)(32) Election of surviving spouse under will 965
$ 5.00 10.00 966
(34)(33) Fiduciary, including an assignee or trustee of an insolvent debtor or any guardian or conservator accountable to the probate court, appointment of 967
$ 35.00 55.00 968
(35)(34) Foreign will, application to record 969
$ 10.00 20.00 970
Record of foreign will, additional, per page 971
$ 1.00 2.00 972
(36)(35) Forms, per case, when supplied made available by the probate court, not to exceed 973
$ 10.00 20.00 974
(37)(36) Heirship, petition to determine 975
$ 20.00 35.00 976
(38)(37) Injunction proceedings 977
$ 20.00 35.00 978
(39)(38) Improve real estate, petition to 979
$ 20.00 35.00 980
(40)(39) Inventory with appraisement 981
$ 10.00 20.00 982
(41) Inventory without appraisement 983
$ 7.00 984
(42)(40) Investment or expenditure of funds, application and entry for 985
$ 10.00 20.00 986
(43)(41) Invest in real estate, application to 987
$ 10.00 20.00 988
(44)(42) Lease for oil, gas, coal, or other mineral, petition to 989
$ 20.00 35.00 990
(45)(43) Lease or lease and improve real estate, petition to 991
$ 20.00 35.00 992
(46)(44) Marriage license 993
$ 10.00 20.00 994
Certified abstract of each marriage 995
$ 2.00 5.00 996
(47)(45) Minor or mentally ill person, etc., disposal of estate under ten thousand dollars of 997
$ 10.00 20.00 998
(48)(46) Mortgage or mortgage and repair or improve real estate, petition to 999
$ 20.00 35.00 1000
(49)(47) Newly discovered assets, report of 1001
$ 7.00 20.00 1002
(50)(48) Nonresident executor or administrator to bar creditors' claims, proceedings by 1003
$ 20.00 35.00 1004
(51)(49) Power of attorney or revocation of power, bonding company 1005
$ 10.00 50.00 1006
(52)(50) Presumption of death, petition to establish 1007
$ 20.00 35.00 1008
(53)(51) Probating will 1009
$ 15.00 25.00 1010
Proof of notice to beneficiaries 1011
$ 5.00 1012
(54)(52) Purchase personal property, application of surviving spouse to 1013
$ 10.00 20.00 1014
(55)(53) Purchase real estate at appraised value, petition of surviving spouse to 1015
$ 20.00 35.00 1016
(56)(54) Receipts in addition to advertising charges, application and order to record 1017
$ 5.00 10.00 1018
Record of those receipts, additional, per page 1019
$ 1.00 2.00 1020
(57)(55) Record in excess of fifteen hundred words five pages in any proceeding in the probate court, per page 1021
$ 1.00 2.00 1022
(58)(56) Release of estate by mortgagee or other lienholder 1023
$ 5.00 10.00 1024
(59)(57) Relieving an estate from administration under section 2113.03 of the Revised Code or granting an order for a summary release from administration under section 2113.031 of the Revised Code 1025
$ 60.00 1026
(60)(58) Removal of fiduciary, application for 1027
$ 10.00 20.00 1028
(61)(59) Requalification of executor or administrator 1029
$ 10.00 20.00 1030
(62)(60) Resignation of fiduciary 1031
$ 5.00 10.00 1032
(63)(61) Sale bill, public sale of personal property 1033
$ 10.00 20.00 1034
(64)(62) Sale of personal property and report, application for 1035
$ 10.00 20.00 1036
(65)(63) Sale of real estate, petition for 1037
$ 25.00 50.00 1038
(66)(64) Terminate guardianship, petition application and entry to 1039
$ 10.00 20.00 1040
(67)(65) Transfer of real estate, application, entry, and certificate for 1041
$ 7.00 15.00 1042
(68)(66) Unclaimed money, application to invest 1043
$ 7.00 12.00 1044
(69)(67) Vacate approval of account or order of distribution, motion to 1045
$ 10.00 20.00 1046
(70)(68) Writ of execution 1047
$ 5.00 10.00 1048
(71)(69) Writ of possession 1049
$ 5.00 20.00 1050
(72)(70) Wrongful death, application and settlement of claim for 1051
$ 20.00 35.00 1052
(73)(71) Year's allowance, petition to review 1053
$ 7.00 15.00 1054
(74)(72) Guardian's report, filing and review of 1055
$ 5.00 10.00 1056

       (B)(1) In relation to an application for the appointment of a 1057
guardian or the review of a report of a guardian under section 1058
2111.49 of the Revised Code, the probate court, pursuant to court 1059
order or in accordance with a court rule, may direct that the 1060
applicant or the estate pay any or all of the expenses of an 1061
investigation conducted pursuant to section 2111.041 or division 1062
(A)(2) of section 2111.49 of the Revised Code. If the 1063
investigation is conducted by a public employee or investigator 1064
who is paid by the county, the fees for the investigation shall be 1065
paid into the county treasury. If the court finds that an alleged 1066
incompetent or a ward is indigent, the court may waive the costs, 1067
fees, and expenses of an investigation.1068

       (2) In relation to the appointment or functioning of a 1069
guardian for a minor or the guardianship of a minor, the probate 1070
court may direct that the applicant or the estate pay any or all 1071
of the expenses of an investigation conducted pursuant to section 1072
2111.042 of the Revised Code. If the investigation is conducted by 1073
a public employee or investigator who is paid by the county, the 1074
fees for the investigation shall be paid into the county treasury. 1075
If the court finds that the guardian or applicant is indigent, the 1076
court may waive the costs, fees, and expenses of an investigation.1077

       (C) ThirtyFifteen dollars of the thirty-five-dollar fee 1078
collected pursuant to division (A)(34)(29) of this section, fifty 1079
dollars of the fee collected pursuant to division (A)(33) of this 1080
section, ten dollars of the fee collected pursuant to division 1081
(A)(44) of this section, and twentythirty dollars of the 1082
sixty-dollar fee collected pursuant to division (A)(59)(57) of 1083
this section shall be deposited by the county treasurer in the 1084
indigent guardianship fund created pursuant to section 2111.51 of 1085
the Revised Code.1086

       (D) The fees of witnesses, jurors, sheriffs, coroners, and 1087
constables for services rendered in the probate court or by order 1088
of the probate judge shall be the same as provided for like 1089
services in the court of common pleas.1090

       (E) The probate court, by rule, may require an advance 1091
deposit for costs, not to exceed onetwo hundred twenty-fivefifty1092
dollars plus the cost of publication, at the time application is 1093
made for an appointment as executor or administrator or at the 1094
time a will is presented for probate.1095

       (F) The probate court, by rule, shall establish a reasonable 1096
fee, not to exceed fifty dollars, for the filing of a petition for 1097
the release of information regarding an adopted person's name by 1098
birth and the identity of the adopted person's biological parents 1099
and biological siblings pursuant to section 3107.41 of the Revised 1100
Code, all proceedings relative to the petition, the entry of an 1101
order relative to the petition, and all services required to be 1102
performed in connection with the petition. The probate court may 1103
use a reasonable portion of a fee charged under authority of this 1104
division to reimburse any agency, as defined in section 3107.39 of 1105
the Revised Code, for any services it renders in performing a task 1106
described in section 3107.41 of the Revised Code relative to or in 1107
connection with the petition for which the fee was charged.1108

       (G)(1) Thirty dollars of the fifty-dollar fee collected 1109
pursuant to division (A)(3)(2) of this section shall be deposited 1110
into the "putative father registry fund," which is hereby created 1111
in the state treasury. The department of job and family services 1112
shall use the money in the fund to fund the department's costs of 1113
performing its duties related to the putative father registry 1114
established under section 3107.062 of the Revised Code.1115

       (2) If the department determines that money in the putative 1116
father registry fund is more than is needed for its duties related 1117
to the putative father registry, the department may use the 1118
surplus moneys in the fund as permitted in division (C) of section 1119
2151.3529, division (B) of section 2151.3530, or section 5103.155 1120
of the Revised Code.1121

       Sec. 2101.162.  (A)(1) The probate judge may determine that, 1122
for the efficient operation of the probate court, additional funds 1123
are required to computerize the court, make available computerized 1124
legal research services, or to do both. Upon making a 1125
determination that additional funds are required for either or 1126
both of those purposes, the probate judge shall establish by rule 1127
and charge a fee not to exceed threefive dollars or authorize and 1128
direct a deputy clerk of histhe probate court to charge a fee not 1129
to exceed threefive dollars, in addition to the fees specified in 1130
divisions (A)(1), (3), (4), (6), (14) to (17), (20) to (25), (27), 1131
(30) to (32), (34), (35), (37) to (48), (50) to (55), (59) to 1132
(61), (63) to (66), (69), and (72)(2), (3), (5), (13) to (16), 1133
(19) to (24), (26), (29) to (31), (33), (34), (36) to (46), (48) 1134
to (53), (57) to (59), (61) to (64), (67), and (70) of section 1135
2101.16 of the Revised Code, the fee adopted pursuant to division 1136
(F) of that section, and the fee charged in connection with the 1137
docketing and indexing of an appeal. Not less than thirty days 1138
before adopting a rule under this division, the probate judge 1139
shall publish a notice in a newspaper of general circulation in 1140
the county in which the probate court is located setting forth the 1141
proposed rule.1142

       (2) All moneys collected under division (A)(1) of this 1143
section shall be paid to the county treasurer. The treasurer shall 1144
place the moneys from the fees in a separate fund to be disbursed, 1145
upon an order of the probate judge, in an amount no greater than 1146
the actual cost to the court of procuring and maintaining 1147
computerization of the court, computerized legal research 1148
services, or both.1149

       (3) If the court determines that the funds in the fund 1150
described in division (A)(2) of this section are more than 1151
sufficient to satisfy the purpose for which the additional fee 1152
described in division (A)(1) of this section was imposed, the 1153
court may declare a surplus in the fund and expend those surplus 1154
funds for other appropriate technological expenses of the court.1155

       (B)(1) The probate judge may determine that, for the 1156
efficient operation of histhe probate court, additional funds are 1157
required to computerize the office of the clerk of the court and, 1158
upon that determination, may establish by rule and charge a fee, 1159
not to exceed tenfifteen dollars, or authorize and direct a 1160
deputy clerk of the probate court to charge a fee, not to exceed 1161
tenfifteen dollars, in addition to the fees specified in 1162
divisions (A)(1), (3), (4), (6), (14) to (17), (20) to (25), (27), 1163
(30) to (32), (34), (35), (37) to (48), (50) to (55), (59) to 1164
(61), (63) to (66), (69), and (72)(2), (3), (5), (13) to (16), 1165
(19) to (24), (26), (29) to (31), (33), (34), (36) to (46), (48) 1166
to (53), (57) to (59), (61) to (64), (67), and (70) of section 1167
2101.16 of the Revised Code, the fee adopted pursuant to division 1168
(F) of that section, and the fee charged in connection with the 1169
docketing and indexing of an appeal. Not less than thirty days 1170
before adopting a rule under this division, the probate judge 1171
shall publish a notice in a newspaper of general circulation in 1172
the county in which the probate court is located setting forth the 1173
proposed rule. Subject to division (B)(2) of this section, all 1174
moneys collected under this division shall be paid to the county 1175
treasurer to be disbursed, upon an order of the probate judge and 1176
subject to appropriation by the board of county commissioners, in 1177
an amount no greater than the actual cost to the probate court of 1178
procuring and maintaining computer systems for the office of the 1179
clerk of the court.1180

       (2) If the probate judge makes the determination described in 1181
division (B)(1) of this section, the board of county commissioners 1182
may issue one or more general obligation bonds for the purpose of 1183
procuring and maintaining the computer systems for the office of 1184
the clerk of the probate court. In addition to the purposes stated 1185
in division (B)(1) of this section for which the moneys collected 1186
under that division may be expended, the moneys additionally may 1187
be expended to pay debt charges on and financing costs related to 1188
any general obligation bonds issued pursuant to this division as 1189
they become due. General obligation bonds issued pursuant to this 1190
division are Chapter 133. securities.1191

       Sec. 2101.17.  The fees enumerated in this section shall be 1192
paid to the probate court from the county treasury upon the 1193
warrant of the county auditor which shall issue upon the 1194
certificate of the probate judge and shall be in full for all 1195
services rendered in the respective proceedings as follows:1196

(A) For each hearing to determine if a person is a mentally ill individual subject to hospitalization when the person is committed to a state hospital or to relatives 1197
 $ 12.00 40.00; 1198
(B) When the person is discharged 1199
7.00 25.00; 1200
(C) For order of return of a mentally ill person to a state hospital or removal therefrom 1201
2.00 10.00; 1202
(D) For proceedings for committing a person to an institution for the mentally retarded 1203
10.00 35.00; 1204
(E) For habeas corpus proceedings when a person is confined under color of proceedings in a criminal case and is discharged 1205
10.00 35.00; 1206
(F) When acting as a juvenile judge, for each case filed against a delinquency delinquent, dependent, unruly, or neglected child, or a juvenile traffic offender 1207
5.00 20.00; 1208
(G) For proceedings to take a child from parents or other persons having control thereof 1209
5.00 20.00. 1210

       Sec. 2111.51.  Each county shall establish in the county 1211
treasury an indigent guardianship fund. All revenue that the 1212
general assembly appropriates to the indigent guardianship fund 1213
for a county, thirtyfifteen dollars of the thirty-five-dollar fee 1214
collected pursuant to division (A)(34)(29) of section 2101.16 of 1215
the Revised Code, fifty dollars of the fee collected pursuant to 1216
division (A)(33) of that section, ten dollars of the fee collected 1217
pursuant to division (A)(44) of that section, and twentythirty1218
dollars of the sixty-dollar fee collected pursuant to division 1219
(A)(59)()(57) of that section shall be deposited into the fund 1220
that is established in that county. Expenditures from the fund 1221
shall be made only upon order of the probate judge and only for 1222
payment of any cost, fee, charge, or expense associated with the 1223
establishment, opening, maintenance, or termination of a 1224
guardianship for an indigent ward.1225

       If a probate court determines that there are reasonably 1226
sufficient funds in the indigent guardianship fund of the county 1227
in which the court is located to meet the needs of indigent 1228
guardianships in that county, the court, by order, may declare a 1229
surplus in the indigent guardianship fund and expend the surplus 1230
funds for other guardianship expenses or for other court purposes.1231

       Sec. 2113.031.  (A) As used in this section:1232

       (1) "Financial institution" has the same meaning as in 1233
section 5725.01 of the Revised Code. "Financial institution" also 1234
includes a credit union and a fiduciary that is not a trust 1235
company but that does trust business.1236

       (2) "Funeral and burial expenses" means whichever of the 1237
following applies:1238

       (a) The funeral and burial expenses of the decedent that are 1239
included in the bill of a funeral director;1240

       (b) The funeral expenses of the decedent that are not 1241
included in the bill of a funeral director and that have been 1242
approved by the probate court;1243

       (c) The funeral and burial expenses of the decedent that are 1244
described in divisions (A)(2)(a) and (b) of this section.1245

       (3) "Surviving spouse" means either of the following:1246

       (a) The surviving spouse of a decedent who died leaving the 1247
surviving spouse and no minor children;1248

       (b) The surviving spouse of a decedent who died leaving the 1249
surviving spouse and minor children, all of whom are children of 1250
the decedent and the surviving spouse.1251

       (B)(1) If the value of the assets of the decedent's estate 1252
does not exceed the lesser of five thousand dollars or the amount 1253
of the decedent's funeral and burial expenses, any person who is 1254
not a surviving spouse and who has paid or is obligated in writing 1255
to pay the decedent's funeral and burial expenses, including a 1256
person described in section 2108.89 of the Revised Code, may apply 1257
to the probate court for an order granting a summary release from 1258
administration in accordance with this section.1259

       (2) If either of the following applies, the decedent's 1260
surviving spouse may apply to the probate court for an order 1261
granting a summary release from administration in accordance with 1262
this section:1263

       (a) The decedent's funeral and burial expenses have been 1264
prepaid, and the value of the assets of the decedent's estate does 1265
not exceed the total of the following items:1266

       (i) The allowance for support that is made under division (A) 1267
of section 2106.13 of the Revised Code to the surviving spouse 1268
and, if applicable, to the decedent's minor children and that is 1269
distributable in accordance with division (B)(1) or (2) of that 1270
section;1271

       (ii) An amount, not exceeding five thousand dollars, for the 1272
decedent's funeral and burial expenses referred to in division 1273
(A)(2)(c) of this section.1274

       (b) The decedent's funeral and burial expenses have not been 1275
prepaid, the decedent's surviving spouse has paid or is obligated 1276
in writing to pay the decedent's funeral and burial expenses, and 1277
the value of the assets of the decedent's estate does not exceed 1278
the total of the items referred to in divisions (B)(2)(a)(i) and 1279
(ii) of this section.1280

       (C) A probate court shall order a summary release from 1281
administration in connection with a decedent's estate only if the 1282
court finds that all of the following are satisfied:1283

       (1) A person described in division (B)(1) of this section is 1284
the applicant for a summary release from administration, and the 1285
value of the assets of the decedent's estate does not exceed the 1286
lesser of five thousand dollars or the amount of the decedent's 1287
funeral and burial expenses, or the applicant for a summary 1288
release from administration is the decedent's surviving spouse, 1289
and the circumstances described in division (B)(2)(a) or (b) of 1290
this section apply.1291

       (2) The application for a summary release from administration 1292
does all of the following:1293

       (a) Describes all assets of the decedent's estate that are 1294
known to the applicant;1295

       (b) Is in the form that the supreme court prescribes pursuant 1296
to its powers of superintendence under Section 5 of Article IV, 1297
Ohio Constitution, and is consistent with the requirements of this 1298
division;1299

       (c) Has been signed and acknowledged by the applicant in the 1300
presence of a notary public or a deputy clerk of the probate 1301
court;1302

       (d) Sets forth the following information if the decedent's 1303
estate includes a described type of asset:1304

       (i) If the decedent's estate includes a motor vehicle, the 1305
motor vehicle's year, make, model, body type, manufacturer's 1306
vehicle identification number, certificate of title number, and 1307
date of death value;1308

       (ii) If the decedent's estate includes an account maintained 1309
by a financial institution, that institution's name and the 1310
account's complete identifying number and date of death balance;1311

       (iii) If the decedent's estate includes one or more shares of 1312
stock or bonds, the total number of the shares and bonds and their 1313
total date of death value and, for each share or bond, its serial 1314
number, the name of its issuer, its date of death value, and, if 1315
any, the name and address of its transfer agent.1316

       (3) The application for a summary release from administration 1317
is accompanied by all of the following that apply:1318

       (a) A receipt, contract, written declaration as defined in 1319
section 2108.70 of the Revised Code, or other document that 1320
confirms the applicant's payment or obligation to pay the 1321
decedent's funeral and burial expenses or, if applicable in the 1322
case of the decedent's surviving spouse, the prepayment of the 1323
decedent's funeral and burial expenses;1324

       (b) An application for a certificate of transfer as described 1325
in section 2113.61 of the Revised Code, if an interest in real 1326
property is included in the assets of the decedent's estate;1327

       (c) The fee required by division (A)(59)(57) of section 1328
2101.16 of the Revised Code.1329

       (4) At the time of its determination on the application, 1330
there are no pending proceedings for the administration of the 1331
decedent's estate and no pending proceedings for relief of the 1332
decedent's estate from administration under section 2113.03 of the 1333
Revised Code.1334

       (5) At the time of its determination on the application, 1335
there are no known assets of the decedent's estate other than the 1336
assets described in the application.1337

       (D) If the probate court determines that the requirements of 1338
division (C) of this section are satisfied, the probate court 1339
shall issue an order that grants a summary release from 1340
administration in connection with the decedent's estate. The order 1341
has, and shall specify that it has, all of the following effects:1342

       (1) It relieves the decedent's estate from administration.1343

       (2) It directs the delivery to the applicant of the 1344
decedent's personal property together with the title to that 1345
property.1346

       (3) It directs the transfer to the applicant of the title to 1347
any interests in real property included in the decedent's estate.1348

        (4) It eliminates the need for a financial institution, 1349
corporation, or other entity or person referred to in any 1350
provision of divisions (A) to (F) of section 5731.39 of the 1351
Revised Code to obtain, as otherwise would be required by any of 1352
those divisions, the written consent of the tax commissioner prior 1353
to the delivery, transfer, or payment to the applicant of an asset 1354
of the decedent's estate.1355

       (E) A certified copy of an order that grants a summary 1356
release from administration together with a certified copy of the 1357
application for that order constitutes sufficient authority for a 1358
financial institution, corporation, or other entity or person 1359
referred to in divisions (A) to (F) of section 5731.39 of the 1360
Revised Code or for a clerk of a court of common pleas to transfer 1361
title to an asset of the decedent's estate to the applicant for 1362
the summary release from administration.1363

       (F) This section does not affect the ability of qualified 1364
persons to file an application to relieve an estate from 1365
administration under section 2113.03 of the Revised Code or to 1366
file an application for the grant of letters testamentary or 1367
letters of administration in connection with the decedent's 1368
estate.1369

       Sec. 2151.23.  (A) The juvenile court has exclusive original 1370
jurisdiction under the Revised Code as follows: 1371

       (1) Concerning any child who on or about the date specified 1372
in the complaint, indictment, or information is alleged to have 1373
violated section 2151.87 of the Revised Code or an order issued 1374
under that section or to be a juvenile traffic offender or a 1375
delinquent, unruly, abused, neglected, or dependent child and, 1376
based on and in relation to the allegation pertaining to the 1377
child, concerning the parent, guardian, or other person having 1378
care of a child who is alleged to be an unruly or delinquent child 1379
for being an habitual or chronic truant; 1380

       (2) Subject to divisions (G), (K), and (V) of section 2301.03 1381
of the Revised Code, to determine the custody of any child not a 1382
ward of another court of this state; 1383

       (3) To hear and determine any application for a writ of 1384
habeas corpus involving the custody of a child; 1385

       (4) To exercise the powers and jurisdiction given the probate 1386
division of the court of common pleas in Chapter 5122. of the 1387
Revised Code, if the court has probable cause to believe that a 1388
child otherwise within the jurisdiction of the court is a mentally 1389
ill person subject to hospitalization by court order, as defined 1390
in section 5122.01 of the Revised Code; 1391

       (5) To hear and determine all criminal cases charging adults 1392
with the violation of any section of this chapter; 1393

       (6) To hear and determine all criminal cases in which an 1394
adult is charged with a violation of division (C) of section 1395
2919.21, division (B)(1) of section 2919.22, section 2919.222, 1396
division (B) of section 2919.23, or section 2919.24 of the Revised 1397
Code, provided the charge is not included in an indictment that 1398
also charges the alleged adult offender with the commission of a 1399
felony arising out of the same actions that are the basis of the 1400
alleged violation of division (C) of section 2919.21, division 1401
(B)(1) of section 2919.22, section 2919.222, division (B) of 1402
section 2919.23, or section 2919.24 of the Revised Code; 1403

       (7) Under the interstate compact on juveniles in section 1404
2151.56 of the Revised Code; 1405

       (8) Concerning any child who is to be taken into custody 1406
pursuant to section 2151.31 of the Revised Code, upon being 1407
notified of the intent to take the child into custody and the 1408
reasons for taking the child into custody; 1409

       (9) To hear and determine requests for the extension of 1410
temporary custody agreements, and requests for court approval of 1411
permanent custody agreements, that are filed pursuant to section 1412
5103.15 of the Revised Code; 1413

       (10) To hear and determine applications for consent to marry 1414
pursuant to section 3101.04 of the Revised Code; 1415

       (11) Subject to divisions (G), (K), and (V) of section 1416
2301.03 of the Revised Code, to hear and determine a request for 1417
an order for the support of any child if the request is not 1418
ancillary to an action for divorce, dissolution of marriage, 1419
annulment, or legal separation, a criminal or civil action 1420
involving an allegation of domestic violence, or an action for 1421
support brought under Chapter 3115. of the Revised Code; 1422

       (12) Concerning an action commenced under section 121.38 of 1423
the Revised Code; 1424

       (13) To hear and determine violations of section 3321.38 of 1425
the Revised Code; 1426

       (14) To exercise jurisdiction and authority over the parent, 1427
guardian, or other person having care of a child alleged to be a 1428
delinquent child, unruly child, or juvenile traffic offender, 1429
based on and in relation to the allegation pertaining to the 1430
child; 1431

       (15) To conduct the hearings, and to make the determinations, 1432
adjudications, and orders authorized or required under sections 1433
2152.82 to 2152.86 and Chapter 2950. of the Revised Code regarding 1434
a child who has been adjudicated a delinquent child and to refer 1435
the duties conferred upon the juvenile court judge under sections 1436
2152.82 to 2152.86 and Chapter 2950. of the Revised Code to 1437
magistrates appointed by the juvenile court judge in accordance 1438
with Juvenile Rule 40;1439

       (16) To hear and determine a petition for a protection order 1440
against a child under section 2151.34 or 3113.31 of the Revised 1441
Code and to enforce a protection order issued or a consent 1442
agreement approved under either section against a child until a 1443
date certain but not later than the date the child attains 1444
nineteen years of age. 1445

       (B) Except as provided in divisions (G) and (I) of section 1446
2301.03 of the Revised Code, the juvenile court has original 1447
jurisdiction under the Revised Code: 1448

       (1) To hear and determine all cases of misdemeanors charging 1449
adults with any act or omission with respect to any child, which 1450
act or omission is a violation of any state law or any municipal 1451
ordinance; 1452

       (2) To determine the paternity of any child alleged to have 1453
been born out of wedlock pursuant to sections 3111.01 to 3111.18 1454
of the Revised Code; 1455

       (3) Under the uniform interstate family support act in 1456
Chapter 3115. of the Revised Code; 1457

       (4) To hear and determine an application for an order for the 1458
support of any child, if the child is not a ward of another court 1459
of this state; 1460

       (5) To hear and determine an action commenced under section 1461
3111.28 of the Revised Code; 1462

       (6) To hear and determine a motion filed under section 1463
3119.961 of the Revised Code; 1464

       (7) To receive filings under section 3109.74 of the Revised 1465
Code, and to hear and determine actions arising under sections 1466
3109.51 to 3109.80 of the Revised Code. 1467

        (8) To enforce an order for the return of a child made under 1468
the Hague Convention on the Civil Aspects of International Child 1469
Abduction pursuant to section 3127.32 of the Revised Code; 1470

       (9) To grant any relief normally available under the laws of 1471
this state to enforce a child custody determination made by a 1472
court of another state and registered in accordance with section 1473
3127.35 of the Revised Code. 1474

       (C) The juvenile court, except as to juvenile courts that are 1475
a separate division of the court of common pleas or a separate and 1476
independent juvenile court, has jurisdiction to hear, determine, 1477
and make a record of any action for divorce or legal separation 1478
that involves the custody or care of children and that is filed in 1479
the court of common pleas and certified by the court of common 1480
pleas with all the papers filed in the action to the juvenile 1481
court for trial, provided that no certification of that nature 1482
shall be made to any juvenile court unless the consent of the 1483
juvenile judge first is obtained. After a certification of that 1484
nature is made and consent is obtained, the juvenile court shall 1485
proceed as if the action originally had been begun in that court, 1486
except as to awards for spousal support or support due and unpaid 1487
at the time of certification, over which the juvenile court has no 1488
jurisdiction. 1489

       (D) The juvenile court, except as provided in divisions (G) 1490
and (I) of section 2301.03 of the Revised Code, has jurisdiction 1491
to hear and determine all matters as to custody and support of 1492
children duly certified by the court of common pleas to the 1493
juvenile court after a divorce decree has been granted, including 1494
jurisdiction to modify the judgment and decree of the court of 1495
common pleas as the same relate to the custody and support of 1496
children. 1497

       (E) The juvenile court, except as provided in divisions (G) 1498
and (I) of section 2301.03 of the Revised Code, has jurisdiction 1499
to hear and determine the case of any child certified to the court 1500
by any court of competent jurisdiction if the child comes within 1501
the jurisdiction of the juvenile court as defined by this section. 1502

       (F)(1) The juvenile court shall exercise its jurisdiction in 1503
child custody matters in accordance with sections 3109.04 and 1504
3127.01 to 3127.53 of the Revised Code and, as applicable, 1505
sections 5103.20 to 5103.22 or 5103.23 to 5103.237 of the Revised 1506
Code. 1507

       (2) The juvenile court shall exercise its jurisdiction in 1508
child support matters in accordance with section 3109.05 of the 1509
Revised Code. 1510

       (G) Any juvenile court that makes or modifies an order for 1511
child support shall comply with Chapters 3119., 3121., 3123., and 1512
3125. of the Revised Code. If any person required to pay child 1513
support under an order made by a juvenile court on or after April 1514
15, 1985, or modified on or after December 1, 1986, is found in 1515
contempt of court for failure to make support payments under the 1516
order, the court that makes the finding, in addition to any other 1517
penalty or remedy imposed, shall assess all court costs arising 1518
out of the contempt proceeding against the person and require the 1519
person to pay any reasonable attorney's fees of any adverse party, 1520
as determined by the court, that arose in relation to the act of 1521
contempt. 1522

       (H) If a child who is charged with an act that would be an 1523
offense if committed by an adult was fourteen years of age or 1524
older and under eighteen years of age at the time of the alleged 1525
act and if the case is transferred for criminal prosecution 1526
pursuant to section 2152.12 of the Revised Code, the juvenile 1527
court does not have jurisdiction to hear or determine the case 1528
subsequent to the transfer. The court to which the case is 1529
transferred for criminal prosecution pursuant to that section has 1530
jurisdiction subsequent to the transfer to hear and determine the 1531
case in the same manner as if the case originally had been 1532
commenced in that court, including, but not limited to, 1533
jurisdiction to accept a plea of guilty or another plea authorized 1534
by Criminal Rule 11 or another section of the Revised Code and 1535
jurisdiction to accept a verdict and to enter a judgment of 1536
conviction pursuant to the Rules of Criminal Procedure against the 1537
child for the commission of the offense that was the basis of the 1538
transfer of the case for criminal prosecution, whether the 1539
conviction is for the same degree or a lesser degree of the 1540
offense charged, for the commission of a lesser-included offense, 1541
or for the commission of another offense that is different from 1542
the offense charged. 1543

       (I) If a person under eighteen years of age allegedly commits 1544
an act that would be a felony if committed by an adult and if the 1545
person is not taken into custody or apprehended for that act until 1546
after the person attains twenty-one years of age, the juvenile 1547
court does not have jurisdiction to hear or determine any portion 1548
of the case charging the person with committing that act. In those 1549
circumstances, divisions (A) and (B) of section 2152.12 of the 1550
Revised Code do not apply regarding the act, and the case charging 1551
the person with committing the act shall be a criminal prosecution 1552
commenced and heard in the appropriate court having jurisdiction 1553
of the offense as if the person had been eighteen years of age or 1554
older when the person committed the act. All proceedings 1555
pertaining to the act shall be within the jurisdiction of the 1556
court having jurisdiction of the offense, and that court has all 1557
the authority and duties in the case that it has in other criminal 1558
cases in that court. 1559

       (J) In exercising its exclusive original jurisdiction under 1560
division (A)(16) of this section with respect to any proceedings 1561
brought under section 2151.34 or 3113.31 of the Revised Code in 1562
which the respondent is a child, the juvenile court retains all 1563
dispositionary powers consistent with existing rules of juvenile 1564
procedure and may also exercise its discretion to adjudicate 1565
proceedings as provided in sections 2151.34 and 3113.31 of the 1566
Revised Code, including the issuance of protection orders or the 1567
approval of consent agreements under those sections.1568

       Sec. 2151.34.  (A) As used in this section:1569

       (1) "Court" means the juvenile division of the court of 1570
common pleas of the county in which the person to be protected by 1571
the protection order resides. 1572

       (2) "Victim advocate" means a person who provides support and 1573
assistance for a person who files a petition under this section.1574

       (3) "Family or household member" has the same meaning as in 1575
section 3113.31 of the Revised Code. 1576

       (4) "Protection order issued by a court of another state" has 1577
the same meaning as in section 2919.27 of the Revised Code.1578

       (5) "Petitioner" means a person who files a petition under 1579
this section and includes a person on whose behalf a petition 1580
under this section is filed.1581

       (6) "Respondent" means a person who is under eighteen years 1582
of age and against whom a petition is filed under this section.1583

       (7) "Sexually oriented offense" has the same meaning as in 1584
section 2950.01 of the Revised Code.1585

       (8) "Electronic monitoring" has the same meaning as in 1586
section 2929.01 of the Revised Code.1587

       (B) The court has jurisdiction over all proceedings under 1588
this section.1589

       (C)(1) Any of the following persons may seek relief under 1590
this section by filing a petition with the court:1591

       (a) Any person on behalf of that person;1592

       (b) Any parent or adult family or household member on behalf 1593
of any other family or household member;1594

       (c) Any person who is determined by the court in its 1595
discretion as an appropriate person to seek relief under this 1596
section on behalf of any child.1597

       (2) The petition shall contain or state all of the following:1598

       (a) An allegation that the respondent engaged in a violation 1599
of section 2903.11, 2903.12, 2903.13, 2903.21, 2903.211, 2903.22, 1600
or 2911.211 of the Revised Code, committed a sexually oriented 1601
offense, or engaged in a violation of any municipal ordinance that 1602
is substantially equivalent to any of those offenses against the 1603
person to be protected by the protection order, including a 1604
description of the nature and extent of the violation; 1605

       (b) If the petitioner seeks relief in the form of electronic 1606
monitoring of the respondent, an allegation that at any time 1607
preceding the filing of the petition the respondent engaged in 1608
conduct that would cause a reasonable person to believe that the 1609
health, welfare, or safety of the person to be protected was at 1610
risk, a description of the nature and extent of that conduct, and 1611
an allegation that the respondent presents a continuing danger to 1612
the person to be protected;1613

       (c) A request for relief under this section.1614

       (3) The court in its discretion may determine whether or not 1615
to give notice that a petition has been filed under division 1616
(C)(1) of this section on behalf of a child to any of the 1617
following:1618

       (a) A parent of the child if the petition was filed by any 1619
person other than a parent of the child;1620

       (b) Any person who is determined by the court to be an 1621
appropriate person to receive notice of the filing of the 1622
petition.1623

       (D)(1) If a person who files a petition pursuant to this 1624
section requests an ex parte order, the court shall hold an ex 1625
parte hearing as soon as possible after the petition is filed, but 1626
not later than the next day after the court is in session after 1627
the petition is filed. The court, for good cause shown at the ex 1628
parte hearing, may enter any temporary orders, with or without 1629
bond, that the court finds necessary for the safety and 1630
protection of the person to be protected by the order. Immediate 1631
and present danger to the person to be protected by the 1632
protection order constitutes good cause for purposes of this 1633
section. Immediate and present danger includes, but is not 1634
limited to, situations in which the respondent has threatened the 1635
person to be protected by the protection order with bodily harm 1636
or in which the respondent previously has been convicted of, 1637
pleaded guilty to, or been adjudicated a delinquent child for 1638
committing a violation of section 2903.11, 2903.12, 2903.13, 1639
2903.21, 2903.211, 2903.22, or 2911.211 of the Revised Code, a 1640
sexually oriented offense, or a violation of any municipal 1641
ordinance that is substantially equivalent to any of those 1642
offenses against the person to be protected by the protection 1643
order.1644

       (2)(a) If the court, after an ex parte hearing, issues a 1645
protection order described in division (E) of this section, the 1646
court shall schedule a full hearing for a date that is within ten 1647
court days after the ex parte hearing. The court shall give the 1648
respondent notice of, and an opportunity to be heard at, the full 1649
hearing. The court also shall give notice of the full hearing to 1650
the parent, guardian, or legal custodian of the respondent. The 1651
court shall hold the full hearing on the date scheduled under this 1652
division unless the court grants a continuance of the hearing in 1653
accordance with this division. Under any of the following 1654
circumstances or for any of the following reasons, the court may 1655
grant a continuance of the full hearing to a reasonable time 1656
determined by the court:1657

       (i) Prior to the date scheduled for the full hearing under 1658
this division, the respondent has not been served with the 1659
petition filed pursuant to this section and notice of the full 1660
hearing. 1661

       (ii) The parties consent to the continuance.1662

       (iii) The continuance is needed to allow a party to obtain 1663
counsel.1664

       (iv) The continuance is needed for other good cause.1665

       (b) An ex parte order issued under this section does not 1666
expire because of a failure to serve notice of the full hearing 1667
upon the respondent before the date set for the full hearing under 1668
division (D)(2)(a) of this section or because the court grants a 1669
continuance under that division.1670

       (3) If a person who files a petition pursuant to this section 1671
does not request an ex parte order, or if a person requests an ex 1672
parte order but the court does not issue an ex parte order after 1673
an ex parte hearing, the court shall proceed as in a normal civil 1674
action and grant a full hearing on the matter.1675

       (E)(1)(a) After an ex parte or full hearing, the court may 1676
issue any protection order, with or without bond, that contains 1677
terms designed to ensure the safety and protection of the person 1678
to be protected by the protection order.1679

       (b) After a full hearing, if the court considering a petition 1680
that includes an allegation of the type described in division 1681
(C)(2)(b) of this section or the court, upon its own motion, finds 1682
upon clear and convincing evidence that the petitioner reasonably 1683
believed that the respondent's conduct at any time preceding the 1684
filing of the petition endangered the health, welfare, or safety 1685
of the person to be protected and that the respondent presents a 1686
continuing danger to the person to be protected and if division 1687
(N) of this section does not prohibit the issuance of an order 1688
that the respondent be electronically monitored, the court may 1689
order that the respondent be electronically monitored for a period 1690
of time and under the terms and conditions that the court 1691
determines are appropriate. Electronic monitoring shall be in 1692
addition to any other relief granted to the petitioner. 1693

       (2)(a) Any protection order issued pursuant to this section 1694
shall be valid until a date certain but not later than the date 1695
the respondent attains nineteen years of age.1696

       (b) Any protection order issued pursuant to this section may 1697
be renewed in the same manner as the original order was issued. 1698

       (3) A court may not issue a protection order that requires a 1699
petitioner to do or to refrain from doing an act that the court 1700
may require a respondent to do or to refrain from doing under 1701
division (E)(1) of this section unless all of the following apply:1702

       (a) The respondent files a separate petition for a protection 1703
order in accordance with this section.1704

       (b) The petitioner is served with notice of the respondent's 1705
petition at least forty-eight hours before the court holds a 1706
hearing with respect to the respondent's petition, or the 1707
petitioner waives the right to receive this notice.1708

       (c) If the petitioner has requested an ex parte order 1709
pursuant to division (D) of this section, the court does not delay 1710
any hearing required by that division beyond the time specified in 1711
that division in order to consolidate the hearing with a hearing 1712
on the petition filed by the respondent. 1713

       (d) After a full hearing at which the respondent presents 1714
evidence in support of the request for a protection order and the 1715
petitioner is afforded an opportunity to defend against that 1716
evidence, the court determines that the petitioner has committed a 1717
violation of section 2903.11, 2903.12, 2903.13, 2903.21, 2903.211, 1718
2903.22, or 2911.211 of the Revised Code, a sexually oriented 1719
offense, or a violation of any municipal ordinance that is 1720
substantially equivalent to any of those offenses against the 1721
person to be protected by the protection order issued pursuant to 1722
division (E)(3) of this section, or has violated a protection 1723
order issued pursuant to this section or section 2903.213 of the 1724
Revised Code relative to the person to be protected by the 1725
protection order issued pursuant to division (E)(3) of this 1726
section.1727

       (4) No protection order issued pursuant to this section shall 1728
in any manner affect title to any real property.1729

       (5)(a) A protection order issued under this section shall 1730
clearly state that the person to be protected by the order cannot 1731
waive or nullify by invitation or consent any requirement in the 1732
order.1733

       (b) Division (E)(5)(a) of this section does not limit any 1734
discretion of a court to determine that a respondent alleged to 1735
have violated section 2919.27 of the Revised Code, violated a 1736
municipal ordinance substantially equivalent to that section, or 1737
committed contempt of court, which allegation is based on an 1738
alleged violation of a protection order issued under this section, 1739
did not commit the violation or was not in contempt of court.1740

       (6) Any protection order issued pursuant to this section 1741
shall include a provision that the court will automatically seal 1742
all of the records of the proceeding in which the order is issued 1743
on the date the respondent attains the age of nineteen years 1744
unless the petitioner provides the court with evidence that the 1745
respondent has not complied with all of the terms of the 1746
protection order. The protection order shall specify the date when 1747
the respondent attains the age of nineteen years.1748

       (F)(1) The court shall cause the delivery of a copy of any 1749
protection order that is issued under this section to the 1750
petitioner, to the respondent, and to all law enforcement agencies 1751
that have jurisdiction to enforce the order. The court shall 1752
direct that a copy of the order be delivered to the respondent and 1753
the parent, guardian, or legal custodian of the respondent on the 1754
same day that the order is entered.1755

       (2) Upon the issuance of a protection order under this 1756
section, the court shall provide the parties to the order with the 1757
following notice orally or by form:1758

"NOTICE
1759

       As a result of this order, it may be unlawful for you to 1760
possess or purchase a firearm, including a rifle, pistol, or 1761
revolver, or ammunition pursuant to federal law under 18 U.S.C. 1762
922(g)(8). If you have any questions whether this law makes it 1763
illegal for you to possess or purchase a firearm or ammunition, 1764
you should consult an attorney." 1765

       (3) All law enforcement agencies shall establish and maintain 1766
an index for the protection orders delivered to the agencies 1767
pursuant to division (F)(1) of this section. With respect to each 1768
order delivered, each agency shall note on the index the date and 1769
time that it received the order.1770

       (4) Regardless of whether the petitioner has registered the 1771
protection order in the county in which the officer's agency has 1772
jurisdiction pursuant to division (M) of this section, any 1773
officer of a law enforcement agency shall enforce a protection 1774
order issued pursuant to this section by any court in this state 1775
in accordance with the provisions of the order, including removing 1776
the respondent from the premises, if appropriate.1777

       (G) Any proceeding under this section shall be conducted in 1778
accordance with the Rules of Civil Procedure, except that a 1779
protection order may be obtained under this section with or 1780
without bond. An order issued under this section, other than an ex 1781
parte order, that grants a protection order, or that refuses to 1782
grant a protection order, is a final, appealable order. The 1783
remedies and procedures provided in this section are in addition 1784
to, and not in lieu of, any other available civil or criminal 1785
remedies or any other available remedies under Chapter 2151. or 1786
2152. of the Revised Code.1787

       (H) The filing of proceedings under this section does not 1788
excuse a person from filing any report or giving any notice 1789
required by section 2151.421 of the Revised Code or by any other 1790
law. 1791

       (I) Any law enforcement agency that investigates an alleged 1792
violation of section 2903.11, 2903.12, 2903.13, 2903.21, 2903.211, 1793
2903.22, or 2911.211 of the Revised Code, an alleged commission 1794
of a sexually oriented offense, or an alleged violation of a 1795
municipal ordinance that is substantially equivalent to any of 1796
those offenses shall provide information to the victim and the 1797
family or household members of the victim regarding the relief 1798
available under this section.1799

       (J) Notwithstanding any provision of law to the contrary and 1800
regardless of whether a protection order is issued or a consent 1801
agreement is approved by a court of another county or by a court 1802
of another state, no court or unit of state or local government 1803
shall charge any fee, cost, deposit, or money in connection with 1804
the filing of a petition pursuant to this section, in connection 1805
with the filing, issuance, registration, or service of a 1806
protection order or consent agreement, or for obtaining a 1807
certified copy of a protection order or consent agreement.1808

       (K)(1) A person who violates a protection order issued under 1809
this section is subject to the following sanctions: 1810

       (a) A delinquent child proceeding or a criminal prosecution 1811
for a violation of section 2919.27 of the Revised Code, if the 1812
violation of the protection order constitutes a violation of that 1813
section; 1814

       (b) Punishment for contempt of court.1815

       (2) The punishment of a person for contempt of court for 1816
violation of a protection order issued under this section does not 1817
bar criminal prosecution of the person or a delinquent child 1818
proceeding concerning the person for a violation of section 1819
2919.27 of the Revised Code. However, a person punished for 1820
contempt of court is entitled to credit for the punishment imposed 1821
upon conviction of or adjudication as a delinquent child for a 1822
violation of that section, and a person convicted of or 1823
adjudicated a delinquent child for a violation of that section 1824
shall not subsequently be punished for contempt of court arising 1825
out of the same activity. 1826

       (L) In all stages of a proceeding under this section, a 1827
petitioner may be accompanied by a victim advocate.1828

       (M)(1) A petitioner who obtains a protection order under this 1829
section may provide notice of the issuance or approval of the 1830
order to the judicial and law enforcement officials in any county 1831
other than the county in which the order is issued by registering 1832
that order in the other county pursuant to division (M)(2) of this 1833
section and filing a copy of the registered order with a law 1834
enforcement agency in the other county in accordance with that 1835
division. A person who obtains a protection order issued by a 1836
court of another state may provide notice of the issuance of the 1837
order to the judicial and law enforcement officials in any county 1838
of this state by registering the order in that county pursuant to 1839
section 2919.272 of the Revised Code and filing a copy of the 1840
registered order with a law enforcement agency in that county.1841

       (2) A petitioner may register a protection order issued 1842
pursuant to this section in a county other than the county in 1843
which the court that issued the order is located in the following 1844
manner:1845

       (a) The petitioner shall obtain a certified copy of the order 1846
from the clerk of the court that issued the order and present that 1847
certified copy to the clerk of the court of common pleas or the 1848
clerk of a municipal court or county court in the county in which 1849
the order is to be registered.1850

       (b) Upon accepting the certified copy of the order for 1851
registration, the clerk of the court of common pleas, municipal 1852
court, or county court shall place an endorsement of registration 1853
on the order and give the petitioner a copy of the order that 1854
bears that proof of registration. 1855

       (3) The clerk of each court of common pleas, municipal court, 1856
or county court shall maintain a registry of certified copies of 1857
protection orders that have been issued by courts in other 1858
counties pursuant to this section and that have been registered 1859
with the clerk.1860

       (N) If the court orders electronic monitoring of the 1861
respondent under this section, the court shall direct the 1862
sheriff's office or any other appropriate law enforcement agency 1863
to install the electronic monitoring device and to monitor the 1864
respondent. Unless the court determines that the respondent is 1865
indigent, the court shall order the respondent to pay the cost of 1866
the installation and monitoring of the electronic monitoring 1867
device. If the court determines that the respondent is indigent 1868
and subject to the maximum amount allowable to be paid in any year 1869
from the fund and the rules promulgated by the attorney general 1870
under section 2903.214 of the Revised Code, the cost of the 1871
installation and monitoring of the electronic monitoring device 1872
may be paid out of funds from the reparations fund created 1873
pursuant to section 2743.191 of the Revised Code. The total amount 1874
paid from the reparations fund created pursuant to section 1875
2743.191 of the Revised Code for electronic monitoring under this 1876
section and sections 2903.214 and 2919.27 of the Revised Code 1877
shall not exceed three hundred thousand dollars per year. When the 1878
total amount paid from the reparations fund in any year for 1879
electronic monitoring under those sections equals or exceeds three 1880
hundred thousand dollars, the court shall not order pursuant to 1881
this section that an indigent respondent be electronically 1882
monitored.1883

       (O) The court, in its discretion, may determine if the 1884
respondent is entitled to court-appointed counsel in a proceeding 1885
under this section.1886

       Sec. 2151.358. (A) The juvenile court shall expunge all 1887
records sealed under section 2151.356 of the Revised Code five 1888
years after the court issues a sealing order or upon the 1889
twenty-third birthday of the person who is the subject of the 1890
sealing order, whichever date is earlier. 1891

       (B) Notwithstanding division (A) of this section, upon 1892
application by the person who has had a record sealed under 1893
section 2151.356 of the Revised Code, the juvenile court may 1894
expunge a record sealed under section 2151.356 of the Revised 1895
Code. In making the determination whether to expunge records, all 1896
of the following apply: 1897

       (1) The court may require a person filing an application for 1898
expungement to submit any relevant documentation to support the 1899
application. 1900

       (2) The court may cause an investigation to be made to 1901
determine if the person who is the subject of the proceedings has 1902
been rehabilitated to a satisfactory degree. 1903

       (3) The court shall promptly notify the prosecuting attorney 1904
of any proceedings to expunge records. 1905

       (4)(a) The prosecuting attorney may file a response with the 1906
court within thirty days of receiving notice of the expungement 1907
proceedings. 1908

       (b) If the prosecuting attorney does not file a response with 1909
the court or if the prosecuting attorney files a response but 1910
indicates that the prosecuting attorney does not object to the 1911
expungement of the records, the court may order the records of the 1912
person that are under consideration to be expunged without 1913
conducting a hearing on the application. If the court decides in 1914
its discretion to conduct a hearing on the application, the court 1915
shall conduct the hearing within thirty days after making that 1916
decision and shall give notice, by regular mail, of the date, 1917
time, and location of the hearing to the prosecuting attorney and 1918
to the person who is the subject of the records under 1919
consideration. 1920

       (c) If the prosecuting attorney files a response with the 1921
court that indicates that the prosecuting attorney objects to the 1922
expungement of the records, the court shall conduct a hearing on 1923
the application within thirty days after the court receives the 1924
response. The court shall give notice, by regular mail, of the 1925
date, time, and location of the hearing to the prosecuting 1926
attorney and to the person who is the subject of the records under 1927
consideration. 1928

       (5) After conducting a hearing in accordance with division 1929
(B)(4) of this section or after due consideration when a hearing 1930
is not conducted, the court may order the records of the person 1931
that are the subject of the application to be expunged if it finds 1932
that the person has been rehabilitated to a satisfactory degree. 1933
In determining whether the person has been rehabilitated to a 1934
satisfactory degree, the court may consider all of the following: 1935

       (a) The age of the person; 1936

       (b) The nature of the case; 1937

       (c) The cessation or continuation of delinquent, unruly, or 1938
criminal behavior; 1939

       (d) The education and employment history of the person; 1940

       (e) Any other circumstances that may relate to the 1941
rehabilitation of the person who is the subject of the records 1942
under consideration. 1943

       (C) If the juvenile court is notified by any party in a civil 1944
action that a civil action has been filed based on a case the 1945
records for which are the subject of a sealing order, the juvenile 1946
court shall not expunge a record sealed under section 2151.356 of 1947
the Revised Code until the civil action has been resolved and is 1948
not subject to further appellate review, at which time the records 1949
shall be expunged pursuant to division (A) of this section. 1950

       (D)(1) A juvenile court that issues a protection order or 1951
approves a consent agreement under section 2151.34 or 3113.31 of 1952
the Revised Code shall automatically seal all of the records of 1953
the proceeding in which the order was issued or agreement approved 1954
on the date the person against whom the protection order was 1955
issued or the consent agreement approved attains the age of 1956
nineteen years if the court determines that the person has 1957
complied with all of the terms of the protection order or consent 1958
agreement.1959

       (2) In a proceeding under section 2151.34 of the Revised 1960
Code, if the juvenile court does not issue any protection order 1961
under division (E) of that section, the court shall automatically 1962
seal all of the records in that proceeding. In a proceeding under 1963
section 3113.31 of the Revised Code, if the juvenile court does 1964
not issue any protection order or approve any consent agreement 1965
under division (E) of that section, the court shall automatically 1966
seal all of the records in that proceeding.1967

       (3)(a) If a juvenile court that issues a protection order or 1968
approves a consent agreement under section 2151.34 or 3113.31 of 1969
the Revised Code determines that the person against whom the 1970
protection order was issued or the consent agreement approved has 1971
not complied with all of the terms of the protection order or 1972
consent agreement, the court shall consider sealing all of the 1973
records of the proceeding in which the order was issued or 1974
agreement approved upon the court's own motion or upon the 1975
application of a person. The court may make the motion or the 1976
person who is the subject of the records under consideration may 1977
apply for an order sealing the records of the proceeding at any 1978
time after two years after the expiration of the protection order 1979
or consent agreement.1980

        (b) In making a determination whether to seal records 1981
pursuant to division (D)(3) of this section, all of the following 1982
apply:1983

        (i) The court may require a person filing an application 1984
under division (D)(3) of this section to submit any relevant 1985
documentation to support the application.1986

        (ii) The court shall promptly notify the victim or the 1987
victim's attorney of any proceedings to seal records initiated 1988
pursuant to division (D)(3) of this section.1989

       (iii) The victim or the victim's attorney may file a response 1990
with the court within thirty days of receiving notice of the 1991
sealing proceedings.1992

        If the victim or the victim's attorney does not file a 1993
response with the court or if the victim or the victim's attorney 1994
files a response but indicates that the victim or the victim's 1995
attorney does not object to the sealing of the records, the court 1996
may order the records of the person that are under consideration 1997
to be sealed without conducting a hearing on the motion or 1998
application. If the court decides in its discretion to conduct a 1999
hearing on the motion or application, the court shall conduct the 2000
hearing within thirty days after making that decision and shall 2001
give notice, by regular mail, of the date, time, and location of 2002
the hearing to the victim or the victim's attorney and to the 2003
person who is the subject of the records under consideration.2004

        If the victim or the victim's attorney files a response with 2005
the court that indicates that the victim or the victim's attorney 2006
objects to the sealing of the records, the court shall conduct a 2007
hearing on the motion or application within thirty days after the 2008
court receives the response. The court shall give notice, by 2009
regular mail, of the date, time, and location of the hearing to 2010
the victim or the victim's attorney and to the person who is the 2011
subject of the records under consideration.2012

        (iv) After conducting a hearing in accordance with division 2013
(D)(3)(b)(iii) of this section or after due consideration when a 2014
hearing is not conducted, the court may order the records of the 2015
person that are the subject of the motion or application to be 2016
sealed.2017

        (4) Inspection of the records sealed pursuant to division 2018
(D)(1), (2), or (3) of this section may be made only by the 2019
following persons or for the following purposes:2020

       (a) By a law enforcement officer or prosecutor, or the 2021
assistants of either, to determine whether the nature and 2022
character of the offense with which a person is to be charged 2023
would be affected by virtue of the person's previously having been 2024
convicted of a crime;2025

       (b) By the parole or probation officer of the person who is 2026
the subject of the records, for the exclusive use of the officer 2027
in supervising the person while on parole or under a community 2028
control sanction or a post-release control sanction, and in making 2029
inquiries and written reports as requested by the court or adult 2030
parole authority;2031

       (c) Upon application by the person who is the subject of the 2032
records, by the persons named in the application;2033

       (d) By a law enforcement officer who was involved in the 2034
case, for use in the officer's defense of a civil action arising 2035
out of the officer's involvement in that case;2036

       (e) By a prosecuting attorney or the prosecuting attorney's 2037
assistants, to determine a defendant's eligibility to enter a 2038
pre-trial diversion program established pursuant to section 2039
2935.36 of the Revised Code;2040

       (f) By any law enforcement agency or any authorized employee 2041
of a law enforcement agency or by the department of rehabilitation 2042
and correction as part of a background investigation of a person 2043
who applies for employment with the agency as a law enforcement 2044
officer or with the department as a corrections officer;2045

       (g) By any law enforcement agency or any authorized employee 2046
of a law enforcement agency, for the purposes set forth in, and in 2047
the manner provided in, section 2953.321 of the Revised Code;2048

       (h) By the bureau of criminal identification and 2049
investigation or any authorized employee of the bureau for the 2050
purpose of providing information to a board or person pursuant to 2051
division (F) or (G) of section 109.57 of the Revised Code;2052

       (i) By the bureau of criminal identification and 2053
investigation or any authorized employee of the bureau for the 2054
purpose of performing a criminal history records check on a person 2055
to whom a certificate as prescribed in section 109.77 of the 2056
Revised Code is to be awarded;2057

       (j) By the bureau of criminal identification and 2058
investigation or any authorized employee of the bureau for the 2059
purpose of conducting a criminal records check of an individual 2060
pursuant to division (B) of section 109.572 of the Revised Code 2061
that was requested pursuant to any of the sections identified in 2062
division (B)(1) of that section;2063

       (k) By the bureau of criminal identification and 2064
investigation, an authorized employee of the bureau, a sheriff, or 2065
an authorized employee of a sheriff in connection with a criminal 2066
records check described in section 311.41 of the Revised Code;2067

       (l) By the attorney general or an authorized employee of the 2068
attorney general or a court for purposes of determining a person's 2069
classification pursuant to Chapter 2950. of the Revised Code.2070

       When the nature and character of the offense with which a 2071
person is to be charged would be affected by the information, it 2072
may be used for the purpose of charging the person with an 2073
offense.2074

       (E) After the records have been expunged under this section, 2075
the person who is the subject of the expunged records properly 2076
may, and the court shall, reply that no record exists with respect 2077
to the person upon any inquiry in the matter. 2078

       Sec. 2151.541.  (A)(1) The juvenile judge may determine that, 2079
for the efficient operation of the juvenile court, additional 2080
funds are required to computerize the court, to make available 2081
computerized legal research services, or both. Upon making a 2082
determination that additional funds are required for either or 2083
both of those purposes, the judge shall do one of the following:2084

       (a) If hethe judge is clerk of the court, establish by rule 2085
and charge one additional fee not to exceed threesix dollars on 2086
the filing of each cause of action or appeal under division (A), 2087
(Q), or (U) of section 2303.20 of the Revised Code;2088

       (b) If the clerk of the court of common pleas serves as the 2089
clerk of the juvenile court pursuant to section 2151.12 of the 2090
Revised Code, establish by rule and authorize and direct the clerk 2091
to charge one additional fee not to exceed threesix dollars on 2092
the filing of each cause of action or appeal under division (A), 2093
(Q), or (U) of section 2303.20 of the Revised Code.2094

       (2) All moneys collected under division (A)(1) of this 2095
section shall be paid to the county treasurer. The treasurer shall 2096
place the moneys from the fees in a separate fund to be disbursed, 2097
upon an order of the juvenile judge, in an amount no greater than 2098
the actual cost to the court of procuring and maintaining 2099
computerization of the court, computerized legal research 2100
services, or both.2101

       (3) If the court determines that the funds in the fund 2102
described in division (A)(2) of this section are more than 2103
sufficient to satisfy the purpose for which the additional fee 2104
described in division (A)(1) of this section was imposed, the 2105
court may declare a surplus in the fund and expend those surplus 2106
funds for other appropriate technological expenses of the court.2107

       (4) Not later than thirty days before adopting a rule under 2108
division (A)(1)(a) or (b) of this section, the judge or the clerk, 2109
whichever is applicable, shall publish a notice in a newspaper of 2110
general circulation in the county in which the juvenile court is 2111
located setting forth the proposed rule.2112

       (B)(1) If the juvenile judge is the clerk of the juvenile 2113
court, hethe judge may determine that, for the efficient 2114
operation of histhe juvenile court, additional funds are required 2115
to make technological advances and to computerize the clerk's 2116
office and, upon that determination, may establish by rule and2117
charge an additional fee, not to exceed tentwenty dollars, on the 2118
filing of each cause of action or appeal, on the filing, 2119
docketing, and endorsing of each certificate of judgment, or on 2120
the docketing and indexing of each aid in execution or petition to 2121
vacate, revive, or modify a judgment under divisions (A), (P), 2122
(Q), (T), and (U) of section 2303.20 of the Revised Code. Not less 2123
than thirty days before adopting a rule under this division, the 2124
judge shall publish a notice in a newspaper of general circulation 2125
in the county in which the juvenile court is located setting forth 2126
the proposed rule. Subject to division (B)(2) of this section, all 2127
moneys collected under this division shall be paid to the county 2128
treasurer to be disbursed, upon an order of the juvenile judge and 2129
subject to appropriation by the board of county commissioners, in 2130
an amount no greater than the actual cost to the juvenile court of 2131
procuring and maintaining computer systems for the clerk's office.2132

       (2) If the juvenile judge makes the determination described 2133
in division (B)(1) of this section, the board of county 2134
commissioners may issue one or more general obligation bonds for 2135
the purpose of procuring and maintaining the computer systems for 2136
the office of the clerk of the juvenile court. In addition to the 2137
purposes stated in division (B)(1) of this section for which the 2138
moneys collected under that division may be expended, the moneys 2139
additionally may be expended to pay debt charges on and financing 2140
costs related to any general obligation bonds issued pursuant to 2141
this division as they become due. General obligation bonds issued 2142
pursuant to this division are Chapter 133. securities.2143

       Sec. 2152.02.  As used in this chapter:2144

       (A) "Act charged" means the act that is identified in a 2145
complaint, indictment, or information alleging that a child is a 2146
delinquent child.2147

       (B) "Admitted to a department of youth services facility" 2148
includes admission to a facility operated, or contracted for, by 2149
the department and admission to a comparable facility outside this 2150
state by another state or the United States.2151

       (C)(1) "Child" means a person who is under eighteen years of 2152
age, except as otherwise provided in divisions (C)(2) to (6)(7) of 2153
this section.2154

       (2) Subject to division (C)(3) of this section, any person 2155
who violates a federal or state law or a municipal ordinance prior 2156
to attaining eighteen years of age shall be deemed a "child" 2157
irrespective of that person's age at the time the complaint with 2158
respect to that violation is filed or the hearing on the complaint 2159
is held.2160

       (3) Any person who, while under eighteen years of age, 2161
commits an act that would be a felony if committed by an adult and 2162
who is not taken into custody or apprehended for that act until 2163
after the person attains twenty-one years of age is not a child in 2164
relation to that act.2165

       (4) Any person whose case is transferred for criminal 2166
prosecution pursuant to section 2152.12 of the Revised Code shall 2167
be deemed after the transfer not to be a child in the transferred 2168
case.2169

       (5) Any person whose case is transferred for criminal 2170
prosecution pursuant to section 2152.12 of the Revised Code and 2171
who subsequently is convicted of or pleads guilty to a felony in 2172
that case, and any person who is adjudicated a delinquent child 2173
for the commission of an act, who has a serious youthful offender 2174
dispositional sentence imposed for the act pursuant to section 2175
2152.13 of the Revised Code, and whose adult portion of the 2176
dispositional sentence is invoked pursuant to section 2152.14 of 2177
the Revised Code, shall be deemed after the transfer or invocation 2178
not to be a child in any case in which a complaint is filed 2179
against the person.2180

       (6) The juvenile court has jurisdiction over a person who is 2181
adjudicated a delinquent child or juvenile traffic offender prior 2182
to attaining eighteen years of age until the person attains 2183
twenty-one years of age, and, for purposes of that jurisdiction 2184
related to that adjudication, except as otherwise provided in this 2185
division, a person who is so adjudicated a delinquent child or 2186
juvenile traffic offender shall be deemed a "child" until the 2187
person attains twenty-one years of age. If a person is so 2188
adjudicated a delinquent child or juvenile traffic offender and 2189
the court makes a disposition of the person under this chapter, at 2190
any time after the person attains eighteen years of age, the 2191
places at which the person may be held under that disposition are 2192
not limited to places authorized under this chapter solely for 2193
confinement of children, and the person may be confined under that 2194
disposition, in accordance with division (F)(2) of section 2152.26 2195
of the Revised Code, in places other than those authorized under 2196
this chapter solely for confinement of children.2197

       (7) Any person who, while eighteen years of age, violates 2198
division (A)(1) or (2) of section 2919.27 of the Revised Code by 2199
violating a protection order issued or consent agreement