Ohio Revised Code Search

...se found to have a mental illness or developmental disability, it is rebuttably presumed that the child does not have a lack of mental capacity. This presumption applies only in making a determination as to whether the child has a lack of mental capacity and shall not be used or applicable for any other purpose. (B) The court may find a child incompetent to proceed without ordering an evaluation of the child's compe...

...teen business days after a motion is made under section 2152.52 of the Revised Code, the court shall do one of the following: (1) Make a determination of incompetency under division (B) of section 2152.52 of the Revised Code; (2) Determine, without holding a hearing, whether there is a reasonable basis to conduct a competency evaluation; (3) Hold a hearing to determine whether there is a reasonable basis to ...

...he court to have at least a moderate level of intellectual disability shall be made by an evaluator who is one of the following: (1) A professional employed by a psychiatric facility or center certified by the department of mental health and addiction services to provide forensic services and appointed by the director of the facility or center to conduct the evaluation; (2) A psychiatrist or a licensed clinical p...

... and community. If the child has been released on temporary or interim orders and refuses or fails to submit to the evaluation, the court may amend the conditions of the orders in whatever manner necessary to facilitate an evaluation. (B) The court shall provide in its evaluation order that the evaluator shall have access to all relevant private and public records related to the child, including competency e...

...child, due to mental illness, due to developmental disability, or otherwise due to a lack of mental capacity, is currently incapable of understanding the nature and objective of the proceedings against the child or of assisting in the child's defense. The report shall not include any opinion as to the child's sanity at the time of the alleged offense, details of the alleged offense as reported by the child, or an opi...

... parents, guardian, or custodian. Counsel shall not disseminate the report except as necessary to receive clarification of the contents of the report. (D) The expenses of obtaining an evaluation ordered by the court may not be recovered from the child or the child's parents or guardians. However, expenses associated with missed appointments may be assessed to the child's parents or guardians. (E)(1) Before a h...

...in the proceeding. (B) At a hearing held under this section, a competency assessment report may be admitted into evidence by stipulation. If the court contacts the evaluator to obtain clarification of the report contents, the court shall promptly inform all parties and allow each party to participate in each contact. (C) In determining the competency of the child to participate in the proceeding, the court s...

...ant to section 2152.58 of the Revised Code the court determines that a child is competent, the court shall proceed with the delinquent child's proceeding as provided by law. No statement that a child makes during an evaluation or hearing conducted under sections 2152.51 through 2152.59 of the Revised Code shall be used against the child on the issue of responsibility or guilt in any child or adult proceeding. (B) ...

...feat the execution of the order of disposition made or to be made. (B) Due notice of the application or motion and the grounds for the application or motion under division (A) of this section, and an opportunity to be heard, shall be given to the person against whom the order under that division is directed. The order may include a requirement that the child's parent, guardian, or other custodian enter into a recogn...

... trial, or within three days after counsel has been retained, whichever is later. Sections 2945.17 and 2945.23 to 2945.36 of the Revised Code, relating to the drawing and impaneling of jurors in criminal cases in the court of common pleas, other than in capital cases, shall apply to a jury trial under this section. The compensation of jurors and costs of the clerk and sheriff shall be taxed and paid in the same...

...me before it and that involves the disposition of a child who is a delinquent child for committing an act that would be a felony or an offense of violence if committed by an adult. (B) The clerk of the court shall maintain a statistical record that includes all of the following: (1) The number of complaints that are filed with, or indictments or information made to, the court that allege that a child is a delinquen...

...dicated a delinquent child and the disposition made by the court, unless the records pertaining to the acts have been sealed pursuant to section 2151.356 of the Revised Code; (c) A written report describing any other violent act committed by the child of which the entity is aware; (d) The substantial and material conclusions and recommendations of any psychiatric or psychological examination conducted on the c...

...the prevention and control of juvenile delinquency. The juvenile judge may assign employees of the court, as part of their regular duties, to work with organizations concerned with combatting conditions known to contribute to delinquency, providing adult sponsors for children who have been found to be delinquent children, and developing wholesome youth programs. The juvenile judge may accept and administer on behalf...

...ation department immediately after disposition to submit to a DNA specimen collection procedure administered by the chief administrative officer of the county probation department. The DNA specimen shall be collected from the child in accordance with division (C) of this section. (C) If the DNA specimen is collected by withdrawing blood from the child or a similarly invasive procedure, a physician, registered nurse...

... delinquent child, or is serving a disposition. (b) The child is, following arrest, transportation, and routine processing and booking, in custody of any law enforcement, court, or corrections official. (2) "Health care professional" has the same meaning as in section 2108.61 of the Revised Code. (3) "Law enforcement, court, or corrections official" means any officer or employee of this state or a political sub...

...ony of the child victim be taken by deposition. The prosecution, child victim, or child victim's attorney also may request that the deposition be recorded in accordance with division (A)(3) of this section. (b) In any proceeding that is not otherwise eligible for the protections provided for in division (A)(2)(a) of this section, and in which an alleged victim of the violation was a child who was less than eightee...

...evelopmental disability be taken by deposition. The prosecution, victim, or victim's attorney, if applicable, also may request that the deposition be recorded in accordance with division (B)(2) of this section. (b) In any proceeding that is not otherwise eligible for the protections provided for in division (B)(1)(a) of this section and in which an alleged victim of the violation or act was a person with a develop...

...t child shall issue as part of the dispositional order an order that classifies the child a juvenile offender registrant and specifies that the child has a duty to comply with sections 2950.04, 2950.041, 2950.05, and 2950.06 of the Revised Code if all of the following apply: (1) The act for which the child is adjudicated a delinquent child is a sexually oriented offense or a child-victim oriented offense that t...

...t child shall issue as part of the dispositional order or, if the court commits the child for the delinquent act to the custody of a secure facility, shall issue at the time of the child's release from the secure facility an order that classifies the child a juvenile offender registrant and specifies that the child has a duty to comply with sections 2950.04, 2950.041, 2950.05, and 2950.06 of the Revised Code if all...

... juvenile court adjudicates a child a delinquent child and classifies the child a juvenile offender registrant pursuant to section 2152.82 or 2152.83 of the Revised Code, before issuing the order that classifies the child a juvenile offender registrant the court shall conduct a hearing to determine whether to classify the child a tier I sex offender/child-victim offender, a tier II sex offender/child-victim...

...vised Code, upon completion of the disposition of that child made for the sexually oriented offense or the child-victim oriented offense on which the juvenile offender registrant order was based, the judge or the judge's successor in office shall conduct a hearing to review the effectiveness of the disposition and of any treatment provided for the child, to determine the risks that the child might re-offend,...

...(A) Regardless of when the delinquent child was classified a juvenile offender registrant, upon the expiration of the applicable period of time specified in division (B)(1), (2), or (3) of this section, a delinquent child who has been classified pursuant to this section or section 2152.82 or 2152.83 of the Revised Code a juvenile offender registrant may petition the judge who made the classification, or...

...f the Revised Code that classifies a delinquent child a juvenile offender registrant based on an adjudication for a sexually oriented offense or a child-victim oriented offense as those terms were defined in section 2950.01 of the Revised Code prior to January 1, 2008, and if, on and after January 1, 2008, the offense upon which the order was based is a sexually oriented offense or a child-victim orie...

...an act shall issue as part of the dispositional order an order that classifies the child a juvenile offender registrant, specifies that the child has a duty to comply with sections 2950.04, 2950.041, 2950.05, and 2950.06 of the Revised Code, and additionally classifies the child a public registry-qualified juvenile offender registrant if the child was fourteen, fifteen, sixteen, or seventeen years of age at th...

...(G) of section 2152.72 of the Revised Code is guilty of a minor misdemeanor.