5139-68-02 Disposition investigation report and transfer of physical custody.

The Ohio department of youth services and the court shall adhere to the following:

(A) The Ohio department of youth services shall develop and furnish to all juvenile courts a standard disposition investigation report which the court will complete and submit to the Ohio department of youth services at the time the court transfers physical custody of the youth to the Ohio department of youth services. The report shall not be modified in anyway and each section must be completed with the most current information.

(1) The report may include but is not limited to sections pertaining to instant offense information, victim information, victim impact statement, prior court referrals, family member information, current level of family functioning, offense history of family member(s), youth's religion, youth's school history, youth's employment, youth's mental retardation, developmental disability and/or mental health issues, youth's medical information, youth's alcohol & drug history, personal/social data, youth's social security number, youth's self-assessment of strengths and weaknesses, youth's assessment of family strengths and weaknesses, summary or impressions, and recommendations for disposition;

(2) Periodically, the Ohio department of youth services may evaluate and modify the standard disposition investigation report if deemed appropriate. The courts will be notified of any changes thirty days in advance of implementation and are required to utilize the modified report as outlined in this rule.

(B) When the court commits a youth to the Ohio department of youth services the court shall, at the time of transfer of physical custody of the youth, provide the following documents:

(1) The youth's medical records;

(2) A copy of the report of any mental examination of the youth ordered by the court;

(3) The section or sections of the Ohio Revised Code violated by the youth and the degree of each violation;

(4) The warrant to convey the youth to the department;

(5) A copy of the court's journal entry ordering the commitment of the youth to the legal custody of the Ohio department of youth services; and

(6) A current copy of the standard disposition investigation report.

(C) The Ohio department of youth services may refuse to accept physical custody of a delinquent youth who is committed to the legal custody of the Ohio department of youth services until the court provides to the Ohio department of youth services the documents specified in paragraph (B) of this rule. No officer or employee of the Ohio department of youth services who refuses to accept physical custody of a delinquent youth committed to the legal custody of the Ohio department of youth services shall be subject to prosecution or contempt of court for refusal to accept a youth if the court fails to provide the documents specified in paragraph (B) of this rule.

R.C. 119.032 review dates: 09/25/2008 and 09/25/2013

Promulgated Under: 119.03

Statutory Authority: 5139.04(E)

Rule Amplifies: 2151.355, 5139.04, 2152.18

Prior Effective Dates: 7/1/98, 12/12/03