Bill Title: To require that any privately run non-Ohio agency, home, school, camp, institution, or other entity or residential facility to which Ohio abused, neglected, dependent, unruly, or delinquent children are committed comply with the same standards that are applicable to in-state agencies, homes, schools, camps, institutions, or other entities or residential facilities.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2011-02-01 - To Health, Human Services, & Aging
[SB54 Detail]Download: Ohio-2011-SB54-Introduced.html
As Introduced
| 129th General Assembly | | Regular Session | | 2011-2012 |
| |
A BILL
| To amend sections 2151.353, 2151.354, and 2152.19 and | 1 |
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to enact section 3109.90 of the Revised Code to | 2 |
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require that any privately run non-Ohio agency, | 3 |
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home, school, camp, institution, or other entity | 4 |
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or residential facility to which Ohio abused, | 5 |
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neglected, dependent, unruly, or delinquent | 6 |
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children are committed comply with the same | 7 |
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standards that are applicable to in-state | 8 |
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agencies, homes, schools, camps, institutions, or | 9 |
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other entities or residential facilities.
| 10 |
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
| Section 1. That sections 2151.353, 2151.354, and 2152.19 be | 11 |
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amended and section 3109.90 of the Revised Code be enacted to read | 12 |
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as follows:
| 13 |
| Sec. 2151.353. (A) If a child is adjudicated an abused, | 14 |
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neglected, or dependent child, subject to section 3109.90 of the | 15 |
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Revised Code, the court may make any of the following orders of | 16 |
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disposition: | 17 |
| (1) Place the child in protective supervision; | 18 |
| (2) Commit the child to the temporary custody of a public | 19 |
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children services agency, a private child placing agency, either | 20 |
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parent, a relative residing within or outside the state, or a | 21 |
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probation officer for placement in a certified foster home, or in | 22 |
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any other home approved by the court; | 23 |
| (3) Award legal custody of the child to either parent or to | 24 |
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any other person who, prior to the dispositional hearing, files a | 25 |
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motion requesting legal custody of the child or is identified as a | 26 |
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proposed legal custodian in a complaint or motion filed prior to | 27 |
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the dispositional hearing by any party to the proceedings. A | 28 |
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person identified in a complaint or motion filed by a party to the | 29 |
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proceedings as a proposed legal custodian shall be awarded legal | 30 |
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custody of the child only if the person identified signs a | 31 |
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statement of understanding for legal custody that contains at | 32 |
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least the following provisions: | 33 |
| (a) That it is the intent of the person to become the legal | 34 |
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custodian of the child and the person is able to assume legal | 35 |
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responsibility for the care and supervision of the child; | 36 |
| (b) That the person understands that legal custody of the | 37 |
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child in question is intended to be permanent in nature and that | 38 |
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the person will be responsible as the custodian for the child | 39 |
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until the child reaches the age of majority. Responsibility as | 40 |
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custodian for the child shall continue beyond the age of majority | 41 |
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if, at the time the child reaches the age of majority, the child | 42 |
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is pursuing a diploma granted by the board of education or other | 43 |
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governing authority, successful completion of the curriculum of | 44 |
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any high school, successful completion of an individualized | 45 |
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education program developed for the student by any high school, or | 46 |
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an age and schooling certificate. Responsibility beyond the age of | 47 |
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majority shall terminate when the child ceases to continuously | 48 |
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pursue such an education, completes such an education, or is | 49 |
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excused from such an education under standards adopted by the | 50 |
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state board of education, whichever occurs first. | 51 |
| (c) That the parents of the child have residual parental | 52 |
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rights, privileges, and responsibilities, including, but not | 53 |
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limited to, the privilege of reasonable visitation, consent to | 54 |
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adoption, the privilege to determine the child's religious | 55 |
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affiliation, and the responsibility for support; | 56 |
| (d) That the person understands that the person must be | 57 |
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present in court for the dispositional hearing in order to affirm | 58 |
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the person's intention to become legal custodian, to affirm that | 59 |
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the person understands the effect of the custodianship before the | 60 |
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court, and to answer any questions that the court or any parties | 61 |
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to the case may have. | 62 |
| (4) Commit the child to the permanent custody of a public | 63 |
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children services agency or private child placing agency, if the | 64 |
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court determines in accordance with division (E) of section | 65 |
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2151.414 of the Revised Code that the child cannot be placed with | 66 |
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one of the child's parents within a reasonable time or should not | 67 |
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be placed with either parent and determines in accordance with | 68 |
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division (D)(1) of section 2151.414 of the Revised Code that the | 69 |
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permanent commitment is in the best interest of the child. If the | 70 |
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court grants permanent custody under this division, the court, | 71 |
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upon the request of any party, shall file a written opinion | 72 |
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setting forth its findings of fact and conclusions of law in | 73 |
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relation to the proceeding. | 74 |
| (5) Place the child in a planned permanent living arrangement | 75 |
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with a public children services agency or private child placing | 76 |
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agency, if a public children services agency or private child | 77 |
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placing agency requests the court to place the child in a planned | 78 |
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permanent living arrangement and if the court finds, by clear and | 79 |
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convincing evidence, that a planned permanent living arrangement | 80 |
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is in the best interest of the child and that one of the following | 81 |
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exists: | 82 |
| (a) The child, because of physical, mental, or psychological | 83 |
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problems or needs, is unable to function in a family-like setting | 84 |
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and must remain in residential or institutional care now and for | 85 |
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the foreseeable future beyond the date of the dispositional | 86 |
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hearing held pursuant to section 2151.35 of the Revised Code. | 87 |
| (b) The parents of the child have significant physical, | 88 |
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mental, or psychological problems and are unable to care for the | 89 |
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child because of those problems, adoption is not in the best | 90 |
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interest of the child, as determined in accordance with division | 91 |
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(D)(1) of section 2151.414 of the Revised Code, and the child | 92 |
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retains a significant and positive relationship with a parent or | 93 |
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relative. | 94 |
| (c) The child is sixteen years of age or older, has been | 95 |
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counseled on the permanent placement options available to the | 96 |
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child, is unwilling to accept or unable to adapt to a permanent | 97 |
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placement, and is in an agency program preparing the child for | 98 |
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independent living. | 99 |
| (6) Order the removal from the child's home until further | 100 |
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order of the court of the person who committed abuse as described | 101 |
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in section 2151.031 of the Revised Code against the child, who | 102 |
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caused or allowed the child to suffer neglect as described in | 103 |
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section 2151.03 of the Revised Code, or who is the parent, | 104 |
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guardian, or custodian of a child who is adjudicated a dependent | 105 |
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child and order any person not to have contact with the child or | 106 |
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the child's siblings. | 107 |
| (B) No order for permanent custody or temporary custody of a | 108 |
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child or the placement of a child in a planned permanent living | 109 |
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arrangement shall be made pursuant to this section unless the | 110 |
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complaint alleging the abuse, neglect, or dependency contains a | 111 |
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prayer requesting permanent custody, temporary custody, or the | 112 |
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placement of the child in a planned permanent living arrangement | 113 |
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as desired, the summons served on the parents of the child | 114 |
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contains as is appropriate a full explanation that the granting of | 115 |
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an order for permanent custody permanently divests them of their | 116 |
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parental rights, a full explanation that an adjudication that the | 117 |
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child is an abused, neglected, or dependent child may result in an | 118 |
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order of temporary custody that will cause the removal of the | 119 |
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child from their legal custody until the court terminates the | 120 |
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order of temporary custody or permanently divests the parents of | 121 |
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their parental rights, or a full explanation that the granting of | 122 |
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an order for a planned permanent living arrangement will result in | 123 |
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the removal of the child from their legal custody if any of the | 124 |
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conditions listed in divisions (A)(5)(a) to (c) of this section | 125 |
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are found to exist, and the summons served on the parents contains | 126 |
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a full explanation of their right to be represented by counsel and | 127 |
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to have counsel appointed pursuant to Chapter 120. of the Revised | 128 |
|
Code if they are indigent. | 129 |
| If after making disposition as authorized by division (A)(2) | 130 |
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of this section, a motion is filed that requests permanent custody | 131 |
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of the child, the court may grant permanent custody of the child | 132 |
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to the movant in accordance with section 2151.414 of the Revised | 133 |
|
Code. | 134 |
| (C) If the court issues an order for protective supervision | 135 |
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pursuant to division (A)(1) of this section, the court may place | 136 |
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any reasonable restrictions upon the child, the child's parents, | 137 |
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guardian, or custodian, or any other person, including, but not | 138 |
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limited to, any of the following: | 139 |
| (1) Order a party, within forty-eight hours after the | 140 |
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issuance of the order, to vacate the child's home indefinitely or | 141 |
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for a specified period of time; | 142 |
| (2) Order a party, a parent of the child, or a physical | 143 |
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custodian of the child to prevent any particular person from | 144 |
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having contact with the child; | 145 |
| (3) Issue an order restraining or otherwise controlling the | 146 |
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conduct of any person which conduct would not be in the best | 147 |
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interest of the child. | 148 |
| (D) As part of its dispositional order, the court shall | 149 |
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journalize a case plan for the child. The journalized case plan | 150 |
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shall not be changed except as provided in section 2151.412 of the | 151 |
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Revised Code. | 152 |
| (E)(1) The court shall retain jurisdiction over any child for | 153 |
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whom the court issues an order of disposition pursuant to division | 154 |
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(A) of this section or pursuant to section 2151.414 or 2151.415 of | 155 |
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the Revised Code until the child attains the age of eighteen years | 156 |
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if the child is not mentally retarded, developmentally disabled, | 157 |
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or physically impaired, the child attains the age of twenty-one | 158 |
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years if the child is mentally retarded, developmentally disabled, | 159 |
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or physically impaired, or the child is adopted and a final decree | 160 |
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of adoption is issued, except that the court may retain | 161 |
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jurisdiction over the child and continue any order of disposition | 162 |
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under division (A) of this section or under section 2151.414 or | 163 |
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2151.415 of the Revised Code for a specified period of time to | 164 |
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enable the child to graduate from high school or vocational | 165 |
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school. The court shall make an entry continuing its jurisdiction | 166 |
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under this division in the journal. | 167 |
| (2) Any public children services agency, any private child | 168 |
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placing agency, the department of job and family services, or any | 169 |
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party, other than any parent whose parental rights with respect to | 170 |
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the child have been terminated pursuant to an order issued under | 171 |
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division (A)(4) of this section, by filing a motion with the | 172 |
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court, may at any time request the court to modify or terminate | 173 |
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any order of disposition issued pursuant to division (A) of this | 174 |
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section or section 2151.414 or 2151.415 of the Revised Code. The | 175 |
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court shall hold a hearing upon the motion as if the hearing were | 176 |
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the original dispositional hearing and shall give all parties to | 177 |
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the action and the guardian ad litem notice of the hearing | 178 |
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pursuant to the Juvenile Rules. If applicable, the court shall | 179 |
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comply with section 2151.42 of the Revised Code. | 180 |
| (F) Any temporary custody order issued pursuant to division | 181 |
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(A) of this section shall terminate one year after the earlier of | 182 |
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the date on which the complaint in the case was filed or the child | 183 |
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was first placed into shelter care, except that, upon the filing | 184 |
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of a motion pursuant to section 2151.415 of the Revised Code, the | 185 |
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temporary custody order shall continue and not terminate until the | 186 |
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court issues a dispositional order under that section. In | 187 |
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resolving the motion, the court shall not order an existing | 188 |
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temporary custody order to continue beyond two years after the | 189 |
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date on which the complaint was filed or the child was first | 190 |
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placed into shelter care, whichever date is earlier, regardless of | 191 |
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whether any extensions have been previously ordered pursuant to | 192 |
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division (D) of section 2151.415 of the Revised Code. | 193 |
| (G)(1) No later than one year after the earlier of the date | 194 |
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the complaint in the case was filed or the child was first placed | 195 |
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in shelter care, a party may ask the court to extend an order for | 196 |
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protective supervision for six months or to terminate the order. A | 197 |
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party requesting extension or termination of the order shall file | 198 |
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a written request for the extension or termination with the court | 199 |
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and give notice of the proposed extension or termination in | 200 |
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writing before the end of the day after the day of filing it to | 201 |
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all parties and the child's guardian ad litem. If a public | 202 |
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children services agency or private child placing agency requests | 203 |
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termination of the order, the agency shall file a written status | 204 |
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report setting out the facts supporting termination of the order | 205 |
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at the time it files the request with the court. If no party | 206 |
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requests extension or termination of the order, the court shall | 207 |
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notify the parties that the court will extend the order for six | 208 |
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months or terminate it and that it may do so without a hearing | 209 |
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unless one of the parties requests a hearing. All parties and the | 210 |
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guardian ad litem shall have seven days from the date a notice is | 211 |
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sent pursuant to this division to object to and request a hearing | 212 |
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on the proposed extension or termination. | 213 |
| (a) If it receives a timely request for a hearing, the court | 214 |
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shall schedule a hearing to be held no later than thirty days | 215 |
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after the request is received by the court. The court shall give | 216 |
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notice of the date, time, and location of the hearing to all | 217 |
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parties and the guardian ad litem. At the hearing, the court shall | 218 |
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determine whether extension or termination of the order is in the | 219 |
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child's best interest. If termination is in the child's best | 220 |
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interest, the court shall terminate the order. If extension is in | 221 |
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the child's best interest, the court shall extend the order for | 222 |
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six months. | 223 |
| (b) If it does not receive a timely request for a hearing, | 224 |
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the court may extend the order for six months or terminate it | 225 |
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without a hearing and shall journalize the order of extension or | 226 |
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termination not later than fourteen days after receiving the | 227 |
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request for extension or termination or after the date the court | 228 |
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notifies the parties that it will extend or terminate the order. | 229 |
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If the court does not extend or terminate the order, it shall | 230 |
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schedule a hearing to be held no later than thirty days after the | 231 |
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expiration of the applicable fourteen-day time period and give | 232 |
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notice of the date, time, and location of the hearing to all | 233 |
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parties and the child's guardian ad litem. At the hearing, the | 234 |
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court shall determine whether extension or termination of the | 235 |
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order is in the child's best interest. If termination is in the | 236 |
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child's best interest, the court shall terminate the order. If | 237 |
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extension is in the child's best interest, the court shall issue | 238 |
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an order extending the order for protective supervision six | 239 |
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months. | 240 |
| (2) If the court grants an extension of the order for | 241 |
|
protective supervision pursuant to division (G)(1) of this | 242 |
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section, a party may, prior to termination of the extension, file | 243 |
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with the court a request for an additional extension of six months | 244 |
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or for termination of the order. The court and the parties shall | 245 |
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comply with division (G)(1) of this section with respect to | 246 |
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extending or terminating the order. | 247 |
| (3) If a court grants an extension pursuant to division | 248 |
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(G)(2) of this section, the court shall terminate the order for | 249 |
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protective supervision at the end of the extension. | 250 |
| (H) The court shall not issue a dispositional order pursuant | 251 |
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to division (A) of this section that removes a child from the | 252 |
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child's home unless the court complies with section 2151.419 of | 253 |
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the Revised Code and includes in the dispositional order the | 254 |
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findings of fact required by that section. | 255 |
| (I) If a motion or application for an order described in | 256 |
|
division (A)(6) of this section is made, the court shall not issue | 257 |
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the order unless, prior to the issuance of the order, it provides | 258 |
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to the person all of the following: | 259 |
| (1) Notice and a copy of the motion or application; | 260 |
| (2) The grounds for the motion or application; | 261 |
| (3) An opportunity to present evidence and witnesses at a | 262 |
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hearing regarding the motion or application; | 263 |
| (4) An opportunity to be represented by counsel at the | 264 |
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hearing. | 265 |
| (J) The jurisdiction of the court shall terminate one year | 266 |
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after the date of the award or, if the court takes any further | 267 |
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action in the matter subsequent to the award, the date of the | 268 |
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latest further action subsequent to the award, if the court awards | 269 |
|
legal custody of a child to either of the following: | 270 |
| (1) A legal custodian who, at the time of the award of legal | 271 |
|
custody, resides in a county of this state other than the county | 272 |
|
in which the court is located; | 273 |
| (2) A legal custodian who resides in the county in which the | 274 |
|
court is located at the time of the award of legal custody, but | 275 |
|
moves to a different county of this state prior to one year after | 276 |
|
the date of the award or, if the court takes any further action in | 277 |
|
the matter subsequent to the award, one year after the date of the | 278 |
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latest further action subsequent to the award. | 279 |
| The court in the county in which the legal custodian resides | 280 |
|
then shall have jurisdiction in the matter. | 281 |
| Sec. 2151.354. (A) If the child is adjudicated an unruly | 282 |
|
child, subject to section 3109.90 of the Revised Code, the court | 283 |
|
may: | 284 |
| (1) Make any of the dispositions authorized under section | 285 |
|
2151.353 of the Revised Code; | 286 |
| (2) Place the child on community control under any sanctions, | 287 |
|
services, and conditions that the court prescribes, as described | 288 |
|
in division (A)(4) of section 2152.19 of the Revised Code, | 289 |
|
provided that, if the court imposes a period of community service | 290 |
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upon the child, the period of community service shall not exceed | 291 |
|
one hundred seventy-five hours; | 292 |
| (3) Suspend the driver's license, probationary driver's | 293 |
|
license, or temporary instruction permit issued to the child for a | 294 |
|
period of time prescribed by the court and suspend the | 295 |
|
registration of all motor vehicles registered in the name of the | 296 |
|
child for a period of time prescribed by the court. A child whose | 297 |
|
license or permit is so suspended is ineligible for issuance of a | 298 |
|
license or permit during the period of suspension. At the end of | 299 |
|
the period of suspension, the child shall not be reissued a | 300 |
|
license or permit until the child has paid any applicable | 301 |
|
reinstatement fee and complied with all requirements governing | 302 |
|
license reinstatement. | 303 |
| (4) Commit the child to the temporary or permanent custody of | 304 |
|
the court; | 305 |
| (5) Make any further disposition the court finds proper that | 306 |
|
is consistent with sections 2151.312 and 2151.56 to 2151.61 of the | 307 |
|
Revised Code; | 308 |
| (6) If, after making a disposition under division (A)(1), | 309 |
|
(2), or (3) of this section, the court finds upon further hearing | 310 |
|
that the child is not amenable to treatment or rehabilitation | 311 |
|
under that disposition, make a disposition otherwise authorized | 312 |
|
under divisions (A)(1), (4), (5), and (8) of section 2152.19 of | 313 |
|
the Revised Code that is consistent with sections 2151.312 and | 314 |
|
2151.56 to 2151.61 of the Revised Code. | 315 |
| (B) If a child is adjudicated an unruly child for committing | 316 |
|
any act that, if committed by an adult, would be a drug abuse | 317 |
|
offense, as defined in section 2925.01 of the Revised Code, or a | 318 |
|
violation of division (B) of section 2917.11 of the Revised Code, | 319 |
|
in addition to imposing, in its discretion, any other order of | 320 |
|
disposition authorized by this section, subject to section 3109.90 | 321 |
|
of the Revised Code, the court shall do both of the following: | 322 |
| (1) Require the child to participate in a drug abuse or | 323 |
|
alcohol abuse counseling program; | 324 |
| (2) Suspend the temporary instruction permit, probationary | 325 |
|
driver's license, or driver's license issued to the child for a | 326 |
|
period of time prescribed by the court. The court, in its | 327 |
|
discretion, may terminate the suspension if the child attends and | 328 |
|
satisfactorily completes a drug abuse or alcohol abuse education, | 329 |
|
intervention, or treatment program specified by the court. During | 330 |
|
the time the child is attending a program as described in this | 331 |
|
division, the court shall retain the child's temporary instruction | 332 |
|
permit, probationary driver's license, or driver's license, and | 333 |
|
the court shall return the permit or license if it terminates the | 334 |
|
suspension. | 335 |
| (C)(1) If a child is adjudicated an unruly child for being an | 336 |
|
habitual truant, in addition to or in lieu of imposing any other | 337 |
|
order of disposition authorized by this section, subject to | 338 |
|
section 3109.90 of the Revised Code, the court may do any of the | 339 |
|
following: | 340 |
| (a) Order the board of education of the child's school | 341 |
|
district or the governing board of the educational service center | 342 |
|
in the child's school district to require the child to attend an | 343 |
|
alternative school if an alternative school has been established | 344 |
|
pursuant to section 3313.533 of the Revised Code in the school | 345 |
|
district in which the child is entitled to attend school; | 346 |
| (b) Require the child to participate in any academic program | 347 |
|
or community service program; | 348 |
| (c) Require the child to participate in a drug abuse or | 349 |
|
alcohol abuse counseling program; | 350 |
| (d) Require that the child receive appropriate medical or | 351 |
|
psychological treatment or counseling; | 352 |
| (e) Make any other order that the court finds proper to | 353 |
|
address the child's habitual truancy, including an order requiring | 354 |
|
the child to not be absent without legitimate excuse from the | 355 |
|
public school the child is supposed to attend for five or more | 356 |
|
consecutive days, seven or more school days in one school month, | 357 |
|
or twelve or more school days in a school year and including an | 358 |
|
order requiring the child to participate in a truancy prevention | 359 |
|
mediation program. | 360 |
| (2) If a child is adjudicated an unruly child for being an | 361 |
|
habitual truant and the court determines that the parent, | 362 |
|
guardian, or other person having care of the child has failed to | 363 |
|
cause the child's attendance at school in violation of section | 364 |
|
3321.38 of the Revised Code, in addition to any order of | 365 |
|
disposition authorized by this section, all of the following | 366 |
|
apply: | 367 |
| (a) The court may require the parent, guardian, or other | 368 |
|
person having care of the child to participate in any community | 369 |
|
service program, preferably a community service program that | 370 |
|
requires the involvement of the parent, guardian, or other person | 371 |
|
having care of the child in the school attended by the child. | 372 |
| (b) The court may require the parent, guardian, or other | 373 |
|
person having care of the child to participate in a truancy | 374 |
|
prevention mediation program. | 375 |
| (c) The court shall warn the parent, guardian, or other | 376 |
|
person having care of the child that any subsequent adjudication | 377 |
|
of the child as an unruly or delinquent child for being an | 378 |
|
habitual or chronic truant may result in a criminal charge against | 379 |
|
the parent, guardian, or other person having care of the child for | 380 |
|
a violation of division (C) of section 2919.21 or section 2919.24 | 381 |
|
of the Revised Code. | 382 |
| Sec. 2152.19. (A) If a child is adjudicated a delinquent | 383 |
|
child, subject to section 3109.90 of the Revised Code, the court | 384 |
|
may make any of the following orders of disposition, in addition | 385 |
|
to any other disposition authorized or required by this chapter:
| 386 |
| (1) Any order that is authorized by section 2151.353 of the | 387 |
|
Revised Code for the care and protection of an abused, neglected, | 388 |
|
or dependent child;
| 389 |
| (2) Commit the child to the temporary custody of any school, | 390 |
|
camp, institution, or other facility operated for the care of | 391 |
|
delinquent children by the county, by a district organized under | 392 |
section
2152.412151.65 or 2151.652152.41 of the Revised Code, or | 393 |
|
by a private agency or organization, within or without the state, | 394 |
|
that is authorized and qualified to provide the care, treatment, | 395 |
|
or placement required, including, but not limited to, a school, | 396 |
|
camp, or facility operated under section 2151.65 of the Revised | 397 |
|
Code;
| 398 |
| (3) Place the child in a detention facility or district | 399 |
|
detention facility operated under section 2152.41 of the Revised | 400 |
|
Code, for up to ninety days;
| 401 |
| (4) Place the child on community control under any sanctions, | 402 |
|
services, and conditions that the court prescribes. As a condition | 403 |
|
of community control in every case and in addition to any other | 404 |
|
condition that it imposes upon the child, the court shall require | 405 |
|
the child to abide by the law during the period of community | 406 |
|
control. As referred to in this division, community control | 407 |
|
includes, but is not limited to, the following sanctions and | 408 |
|
conditions:
| 409 |
| (a) A period of basic probation supervision in which the | 410 |
|
child is required to maintain contact with a person appointed to | 411 |
|
supervise the child in accordance with sanctions imposed by the | 412 |
|
court;
| 413 |
| (b) A period of intensive probation supervision in which the | 414 |
|
child is required to maintain frequent contact with a person | 415 |
|
appointed by the court to supervise the child while the child is | 416 |
|
seeking or maintaining employment and participating in training, | 417 |
|
education, and treatment programs as the order of disposition;
| 418 |
| (c) A period of day reporting in which the child is required | 419 |
|
each day to report to and leave a center or another approved | 420 |
|
reporting location at specified times in order to participate in | 421 |
|
work, education or training, treatment, and other approved | 422 |
|
programs at the center or outside the center;
| 423 |
| (d) A period of community service of up to five hundred hours | 424 |
|
for an act that would be a felony or a misdemeanor of the first | 425 |
|
degree if committed by an adult, up to two hundred hours for an | 426 |
|
act that would be a misdemeanor of the second, third, or fourth | 427 |
|
degree if committed by an adult, or up to thirty hours for an act | 428 |
|
that would be a minor misdemeanor if committed by an adult;
| 429 |
| (e) A requirement that the child obtain a high school | 430 |
|
diploma, a certificate of high school equivalence, vocational | 431 |
|
training, or employment;
| 432 |
| (f) A period of drug and alcohol use monitoring;
| 433 |
| (g) A requirement of alcohol or drug assessment or | 434 |
|
counseling, or a period in an alcohol or drug treatment program | 435 |
|
with a level of security for the child as determined necessary by | 436 |
|
the court;
| 437 |
| (h) A period in which the court orders the child to observe a | 438 |
|
curfew that may involve daytime or evening hours;
| 439 |
| (i) A requirement that the child serve monitored time;
| 440 |
| (j) A period of house arrest without electronic monitoring or | 441 |
|
continuous alcohol monitoring;
| 442 |
| (k) A period of electronic monitoring or continuous alcohol | 443 |
|
monitoring without house arrest, or house arrest with electronic | 444 |
|
monitoring or continuous alcohol monitoring or both electronic | 445 |
|
monitoring and continuous alcohol monitoring, that does not exceed | 446 |
|
the maximum sentence of imprisonment that could be imposed upon an | 447 |
|
adult who commits the same act.
| 448 |
| A period of house arrest with electronic monitoring or | 449 |
|
continuous alcohol monitoring or both electronic monitoring and | 450 |
|
continuous alcohol monitoring, imposed under this division shall | 451 |
|
not extend beyond the child's twenty-first birthday. If a court | 452 |
|
imposes a period of house arrest with electronic monitoring or | 453 |
|
continuous alcohol monitoring or both electronic monitoring and | 454 |
|
continuous alcohol monitoring, upon a child under this division, | 455 |
|
it shall require the child: to remain in the child's home or other | 456 |
|
specified premises for the entire period of house arrest with | 457 |
|
electronic monitoring or continuous alcohol monitoring or both | 458 |
|
except when the court permits the child to leave those premises to | 459 |
|
go to school or to other specified premises. Regarding electronic | 460 |
|
monitoring, the court also shall require the child to be monitored | 461 |
|
by a central system that can determine the child's location at | 462 |
|
designated times; to report periodically to a person designated by | 463 |
|
the court; and to enter into a written contract with the court | 464 |
|
agreeing to comply with all requirements imposed by the court, | 465 |
|
agreeing to pay any fee imposed by the court for the costs of the | 466 |
|
house arrest with electronic monitoring, and agreeing to waive the | 467 |
|
right to receive credit for any time served on house arrest with | 468 |
|
electronic monitoring toward the period of any other dispositional | 469 |
|
order imposed upon the child if the child violates any of the | 470 |
|
requirements of the dispositional order of house arrest with | 471 |
|
electronic monitoring. The court also may impose other reasonable | 472 |
|
requirements upon the child.
| 473 |
| Unless ordered by the court, a child shall not receive credit | 474 |
|
for any time served on house arrest with electronic monitoring or | 475 |
|
continuous alcohol monitoring or both toward any other | 476 |
|
dispositional order imposed upon the child for the act for which | 477 |
|
was imposed the dispositional order of house arrest with | 478 |
|
electronic monitoring or continuous alcohol monitoring. As used in | 479 |
|
this division and division (A)(4)(l) of this section, "continuous | 480 |
|
alcohol monitoring" has the same meaning as in section 2929.01 of | 481 |
|
the Revised Code.
| 482 |
| (l) A suspension of the driver's license, probationary | 483 |
|
driver's license, or temporary instruction permit issued to the | 484 |
|
child for a period of time prescribed by the court, or a | 485 |
|
suspension of the registration of all motor vehicles registered in | 486 |
|
the name of the child for a period of time prescribed by the | 487 |
|
court. A child whose license or permit is so suspended is | 488 |
|
ineligible for issuance of a license or permit during the period | 489 |
|
of suspension. At the end of the period of suspension, the child | 490 |
|
shall not be reissued a license or permit until the child has paid | 491 |
|
any applicable reinstatement fee and complied with all | 492 |
|
requirements governing license reinstatement.
| 493 |
| (5) Commit the child to the custody of the court;
| 494 |
| (6) Require the child to not be absent without legitimate | 495 |
|
excuse from the public school the child is supposed to attend for | 496 |
|
five or more consecutive days, seven or more school days in one | 497 |
|
school month, or twelve or more school days in a school year;
| 498 |
| (7)(a) If a child is adjudicated a delinquent child for being | 499 |
|
a chronic truant or a habitual truant who previously has been | 500 |
|
adjudicated an unruly child for being a habitual truant, do either | 501 |
|
or both of the following:
| 502 |
| (i) Require the child to participate in a truancy prevention | 503 |
|
mediation program;
| 504 |
| (ii) Make any order of disposition as authorized by this | 505 |
|
section, except that the court shall not commit the child to a | 506 |
|
facility described in division (A)(2) or (3) of this section | 507 |
|
unless the court determines that the child violated a lawful court | 508 |
|
order made pursuant to division (C)(1)(e) of section 2151.354 of | 509 |
|
the Revised Code or division (A)(6) of this section.
| 510 |
| (b) If a child is adjudicated a delinquent child for being a | 511 |
|
chronic truant or a habitual truant who previously has been | 512 |
|
adjudicated an unruly child for being a habitual truant and the | 513 |
|
court determines that the parent, guardian, or other person having | 514 |
|
care of the child has failed to cause the child's attendance at | 515 |
|
school in violation of section 3321.38 of the Revised Code, do | 516 |
|
either or both of the following:
| 517 |
| (i) Require the parent, guardian, or other person having care | 518 |
|
of the child to participate in a truancy prevention mediation | 519 |
|
program;
| 520 |
| (ii) Require the parent, guardian, or other person having | 521 |
|
care of the child to participate in any community service program, | 522 |
|
preferably a community service program that requires the | 523 |
|
involvement of the parent, guardian, or other person having care | 524 |
|
of the child in the school attended by the child.
| 525 |
| (8) Make any further disposition that the court finds proper, | 526 |
|
except that the child shall not be placed in any of the following:
| 527 |
| (a) A state correctional institution, a county, multicounty, | 528 |
|
or municipal jail or workhouse, or another place in which an adult | 529 |
|
convicted of a crime, under arrest, or charged with a crime is | 530 |
|
held;
| 531 |
| (b) A community corrections facility, if the child would be | 532 |
|
covered by the definition of public safety beds for purposes of | 533 |
|
sections 5139.41 to 5139.43 of the Revised Code if the court | 534 |
|
exercised its authority to commit the child to the legal custody | 535 |
|
of the department of youth services for institutionalization or | 536 |
|
institutionalization in a secure facility pursuant to this | 537 |
|
chapter.
| 538 |
| (B) If a child is adjudicated a delinquent child, in addition | 539 |
|
to any order of disposition made under division (A) of this | 540 |
|
section, the court, in the following situations and for the | 541 |
|
specified periods of time, shall suspend the child's temporary | 542 |
|
instruction permit, restricted license, probationary driver's | 543 |
|
license, or nonresident operating privilege, or suspend the | 544 |
|
child's ability to obtain such a permit:
| 545 |
| (1) If the child is adjudicated a delinquent child for | 546 |
|
violating section 2923.122 of the Revised Code, impose a class | 547 |
|
four suspension of the child's license, permit, or privilege from | 548 |
|
the range specified in division (A)(4) of section 4510.02 of the | 549 |
|
Revised Code or deny the child the issuance of a license or permit | 550 |
|
in accordance with division (F)(1) of section 2923.122 of the | 551 |
|
Revised Code.
| 552 |
| (2) If the child is adjudicated a delinquent child for | 553 |
|
committing an act that if committed by an adult would be a drug | 554 |
|
abuse offense or for violating division (B) of section 2917.11 of | 555 |
|
the Revised Code, suspend the child's license, permit, or | 556 |
|
privilege for a period of time prescribed by the court. The court, | 557 |
|
in its discretion, may terminate the suspension if the child | 558 |
|
attends and satisfactorily completes a drug abuse or alcohol abuse | 559 |
|
education, intervention, or treatment program specified by the | 560 |
|
court. During the time the child is attending a program described | 561 |
|
in this division, the court shall retain the child's temporary | 562 |
|
instruction permit, probationary driver's license, or driver's | 563 |
|
license, and the court shall return the permit or license if it | 564 |
|
terminates the suspension as described in this division.
| 565 |
| (C) The court may establish a victim-offender mediation | 566 |
|
program in which victims and their offenders meet to discuss the | 567 |
|
offense and suggest possible restitution. If the court obtains the | 568 |
|
assent of the victim of the delinquent act committed by the child, | 569 |
|
the court may require the child to participate in the program.
| 570 |
| (D)(1) If a child is adjudicated a delinquent child for | 571 |
|
committing an act that would be a felony if committed by an adult | 572 |
|
and if the child caused, attempted to cause, threatened to cause, | 573 |
|
or created a risk of physical harm to the victim of the act, the | 574 |
|
court, prior to issuing an order of disposition under this | 575 |
|
section, shall order the preparation of a victim impact statement | 576 |
|
by the probation department of the county in which the victim of | 577 |
|
the act resides, by the court's own probation department, or by a | 578 |
|
victim assistance program that is operated by the state, a county, | 579 |
|
a municipal corporation, or another governmental entity. The court | 580 |
|
shall consider the victim impact statement in determining the | 581 |
|
order of disposition to issue for the child.
| 582 |
| (2) Each victim impact statement shall identify the victim of | 583 |
|
the act for which the child was adjudicated a delinquent child, | 584 |
|
itemize any economic loss suffered by the victim as a result of | 585 |
|
the act, identify any physical injury suffered by the victim as a | 586 |
|
result of the act and the seriousness and permanence of the | 587 |
|
injury, identify any change in the victim's personal welfare or | 588 |
|
familial relationships as a result of the act and any | 589 |
|
psychological impact experienced by the victim or the victim's | 590 |
|
family as a result of the act, and contain any other information | 591 |
|
related to the impact of the act upon the victim that the court | 592 |
|
requires.
| 593 |
| (3) A victim impact statement shall be kept confidential and | 594 |
|
is not a public record. However, the court may furnish copies of | 595 |
|
the statement to the department of youth services if the | 596 |
|
delinquent child is committed to the department or to both the | 597 |
|
adjudicated delinquent child or the adjudicated delinquent child's | 598 |
|
counsel and the prosecuting attorney. The copy of a victim impact | 599 |
|
statement furnished by the court to the department pursuant to | 600 |
|
this section shall be kept confidential and is not a public | 601 |
|
record. If an officer is preparing pursuant to section 2947.06 or | 602 |
|
2951.03 of the Revised Code or Criminal Rule 32.2 a presentence | 603 |
|
investigation report pertaining to a person, the court shall make | 604 |
|
available to the officer, for use in preparing the report, a copy | 605 |
|
of any victim impact statement regarding that person. The copies | 606 |
|
of a victim impact statement that are made available to the | 607 |
|
adjudicated delinquent child or the adjudicated delinquent child's | 608 |
|
counsel and the prosecuting attorney pursuant to this division | 609 |
|
shall be returned to the court by the person to whom they were | 610 |
|
made available immediately following the imposition of an order of | 611 |
|
disposition for the child under this chapter.
| 612 |
| The copy of a victim impact statement that is made available | 613 |
|
pursuant to this division to an officer preparing a criminal | 614 |
|
presentence investigation report shall be returned to the court by | 615 |
|
the officer immediately following its use in preparing the report.
| 616 |
| (4) The department of youth services shall work with local | 617 |
|
probation departments and victim assistance programs to develop a | 618 |
|
standard victim impact statement.
| 619 |
| (E) If a child is adjudicated a delinquent child for being a | 620 |
|
chronic truant or a habitual truant who previously has been | 621 |
|
adjudicated an unruly child for being a habitual truant and the | 622 |
|
court determines that the parent, guardian, or other person having | 623 |
|
care of the child has failed to cause the child's attendance at | 624 |
|
school in violation of section 3321.38 of the Revised Code, in | 625 |
|
addition to any order of disposition it makes under this section, | 626 |
|
the court shall warn the parent, guardian, or other person having | 627 |
|
care of the child that any subsequent adjudication of the child as | 628 |
|
an unruly or delinquent child for being a habitual or chronic | 629 |
|
truant may result in a criminal charge against the parent, | 630 |
|
guardian, or other person having care of the child for a violation | 631 |
|
of division (C) of section 2919.21 or section 2919.24 of the | 632 |
|
Revised Code.
| 633 |
| (F)(1) During the period of a delinquent child's community | 634 |
|
control granted under this section, authorized probation officers | 635 |
|
who are engaged within the scope of their supervisory duties or | 636 |
|
responsibilities may search, with or without a warrant, the person | 637 |
|
of the delinquent child, the place of residence of the delinquent | 638 |
|
child, and a motor vehicle, another item of tangible or intangible | 639 |
|
personal property, or other real property in which the delinquent | 640 |
|
child has a right, title, or interest or for which the delinquent | 641 |
|
child has the express or implied permission of a person with a | 642 |
|
right, title, or interest to use, occupy, or possess if the | 643 |
|
probation officers have reasonable grounds to believe that the | 644 |
|
delinquent child is not abiding by the law or otherwise is not | 645 |
|
complying with the conditions of the delinquent child's community | 646 |
|
control. The court that places a delinquent child on community | 647 |
|
control under this section shall provide the delinquent child with | 648 |
|
a written notice that informs the delinquent child that authorized | 649 |
|
probation officers who are engaged within the scope of their | 650 |
|
supervisory duties or responsibilities may conduct those types of | 651 |
|
searches during the period of community control if they have | 652 |
|
reasonable grounds to believe that the delinquent child is not | 653 |
|
abiding by the law or otherwise is not complying with the | 654 |
|
conditions of the delinquent child's community control. The court | 655 |
|
also shall provide the written notice described in division (E)(2) | 656 |
|
of this section to each parent, guardian, or custodian of the | 657 |
|
delinquent child who is described in that division.
| 658 |
| (2) The court that places a child on community control under | 659 |
|
this section shall provide the child's parent, guardian, or other | 660 |
|
custodian with a written notice that informs them that authorized | 661 |
|
probation officers may conduct searches pursuant to division | 662 |
|
(E)(1) of this section. The notice shall specifically state that a | 663 |
|
permissible search might extend to a motor vehicle, another item | 664 |
|
of tangible or intangible personal property, or a place of | 665 |
|
residence or other real property in which a notified parent, | 666 |
|
guardian, or custodian has a right, title, or interest and that | 667 |
|
the parent, guardian, or custodian expressly or impliedly permits | 668 |
|
the child to use, occupy, or possess.
| 669 |
| (G) If a juvenile court commits a delinquent child to the | 670 |
|
custody of any person, organization, or entity pursuant to this | 671 |
|
section and if the delinquent act for which the child is so | 672 |
|
committed is a sexually oriented offense or is a child-victim | 673 |
|
oriented offense, the court in the order of disposition shall do | 674 |
|
one of the following:
| 675 |
| (1) Require that the child be provided treatment as described | 676 |
|
in division (A)(2) of section 5139.13 of the Revised Code;
| 677 |
| (2) Inform the person, organization, or entity that it is the | 678 |
|
preferred course of action in this state that the child be | 679 |
|
provided treatment as described in division (A)(2) of section | 680 |
|
5139.13 of the Revised Code and encourage the person, | 681 |
|
organization, or entity to provide that treatment.
| 682 |
| Sec. 3109.90. (A) Except as otherwise provided under this | 683 |
|
section, an agency, home, school, camp, institution, or other | 684 |
|
entity or residential facility that is located in another state | 685 |
|
and that receives a child from this state shall comply with all | 686 |
|
standards that are established under Chapter 5103. or 5119. of the | 687 |
|
Revised Code and all rules adopted under either chapter that are | 688 |
|
applicable to an equivalent agency, home, school, camp, | 689 |
|
institution, or other entity or residential facility located in | 690 |
|
this state. | 691 |
| (B) No public money shall be paid to an agency, home, school, | 692 |
|
camp, institution, or other entity or residential facility that is | 693 |
|
located in another state and that does not comply with division | 694 |
|
(A) of this section. | 695 |
| (C) The director of job and family services and the director | 696 |
|
of mental health shall jointly adopt rules in accordance with | 697 |
|
Chapter 119. of the Revised Code that do all of the following: | 698 |
| (1) Establish procedures for periodically verifying that an | 699 |
|
agency, home, school, camp, institution, or other entity or | 700 |
|
residential facility that is located in another state and that | 701 |
|
receives a child from this state for placement or commitment, as | 702 |
|
applicable, complies with division (A) of this section; | 703 |
| (2) Establish a list of agencies, homes, schools, camps, | 704 |
|
institutions, or other entities or residential facilities located | 705 |
|
in other states that are in compliance with division (A) of this | 706 |
|
section; | 707 |
| (3) Establish procedures for the removal of a child from an | 708 |
|
agency, home, school, camp, institution, or other entity or | 709 |
|
residential facility that is located in another state and that | 710 |
|
does not comply with division (A) of this section if that child is | 711 |
|
from this state and has been placed in the agency, home, school, | 712 |
|
camp, or other entity or residential facility or committed to the | 713 |
|
institution; | 714 |
| (4) Establish fees applicable to agencies, homes, schools, | 715 |
|
camps, institutions, or other entities or residential facilities | 716 |
|
located in other states that receive children from this state; | 717 |
| (5) Establish any other procedures or requirements necessary | 718 |
|
to implement this section. | 719 |
| (D) An agency, home, school, camp, institution, or other | 720 |
|
entity or residential facility that is located in another state is | 721 |
|
not required to be licensed or certified by the department of job | 722 |
|
and family services or the department of mental health, as | 723 |
|
applicable. | 724 |
| (E) A public children services agency, private child placing | 725 |
|
agency, private noncustodial agency, court of common pleas, | 726 |
|
probate court, juvenile court, or other entity responsible for | 727 |
|
placing a child in an agency, home, school, camp, or other entity | 728 |
|
or residential facility located in another state or committing a | 729 |
|
child to an institution located in another state shall ensure that | 730 |
|
the agency, home, school, camp, institution, or other entity or | 731 |
|
residential facility is listed in accordance with rules adopted | 732 |
|
under this section as being in compliance with division (A) of | 733 |
|
this section. | 734 |
| (F) As used in this section: | 735 |
| (1) "Institution" has the same meaning as in section 5119.50 | 736 |
|
of the Revised Code. | 737 |
| (2) "Residential facility" has the same meaning as in section | 738 |
|
5103.20 of the Revised Code. | 739 |
| Section 2. That existing sections 2151.353, 2151.354, and | 740 |
|
2152.19 of the Revised Code are hereby repealed.
| 741 |
