Ohio

NOTE TO USER:

While every attempt has been made to ensure accuracy, local practices and procedures may vary.  We encourage every user to consult with an experienced juvenile justice practitioner in the jurisdiction to determine how best to proceed in any particular situation.       

 

 

Juvenile Collateral Consequences in the State of Ohio

 

Introduction

             The intention of an Ohio juvenile disposition is to provide for the public interest and safety of the community while rehabilitating the offender.[1]  Judgment rendered against a juvenile in juvenile court does not impose the same civil disabilities imposed on an adult convicted of a crime.[2]  The term “adjudication” means the initial determination by the court as to whether or not it has jurisdiction over the offender,[3][4] while the term “disposition” means the determination by the court as to what should be done with the offender.[5]  There are five purposes for juvenile dispositions:[6] the care, protection, and mental and physical development of a juvenile; protecting public interest and safety; holding an offender accountable for their actions; restoring the victim; and rehabilitating an offender.

            While the court is required to explain to a juvenile the direct consequences of a plea agreement, Ohio has not yet required judges to explicitly state all potential consequences nor does it require a judge to provide a written explanation of the collateral consequences a youth may suffer because of a disposition.[7]

                                                               

Understanding the Justice System

             Ohio’s Juvenile Court system generally has jurisdiction over a “child,” meaning a person who is under the age of eighteen.[8]  A child can be deemed to be a serious youthful offender,[9] a delinquent child,[10] an unruly child,[11] or a chronic truant.[12]

             A youth may be charged as a serious youthful offender if a prosecuting attorney requests that the court issues a dispositional sentence naming the child as such.[13]  This sentencing request occurs when a juvenile commits an offense that would be a serious felony if committed by an adult offender.[14]  Examples of when a child will be named a serious youthful offender include aggravated murder or murder with a felony in the first weapons enhancement.[15]

            A delinquent child is one who commits a crime, other than a traffic infraction, that would be a crime if committed by an adult or a habitual or chronic truant.[16]  The jurisdiction of the juvenile court continues over a person adjudicated a delinquent child or a juvenile traffic offender until the age of twenty-one.[17]

            For purposes of jurisdiction, if a person under the age of eighteen commits an offense that is a felony if committed by an adult and the child is taken into custody for that offense before the age of twenty-one, the person is still considered a child.[18]  However, an individual’s status as a “child” can end for a number of reasons.  If the case is transferred to adult criminal court, the individual will not be considered a child in the transferred case.[19]  Further, if that individual is convicted or pleads guilty in the transferred case and receives an adult sentence, all subsequent cases must be filed in adult court.[20]

            There are two ways in which a juvenile’s case may be transferred to adult court – mandatory transfer or discretionary transfer:

Mandatory Transfer

            A juvenile will be automatically transferred to adult court for either a category one offense or a category two offense if the following conditions apply:

Category One Offense:  Transfer occurs if the juvenile is either (a) sixteen years of age or older at the time of the offense, or (b) the child was fourteen or fifteen years of age at the time of the offense and has been previously adjudicated delinquent for a category one or two offense that resulted in committed to legal custody of the department of youth services.[21]

Category Two Offense: Automatic transfer to adult court for a category two offense occurs if the juvenile is sixteen years of age at the time of the offense and (a) was previously adjudicated delinquent for a category one or two offense and committed to legal custody of the department of youth services, or (b) the juvenile is alleged to have possession of a firearm and displayed or used that firearm to facilitate the commission of the act charged.[22]

            A juvenile is also subject to mandatory transfer if the filed complaint alleges that the child was sixteen or seventeen years of age at the time of the act, is alleged to have committed an act that would be aggravated murder, murder, attempted aggravated murder, or attempted murder if committed by an adult, and there is probably cause to believe the juvenile committed the act charged.[23]  Finally, mandatory transfer is required for a child who is eligible for discretionary transfer and was previously convicted of or pleaded guilty to a felony in a case that was transferred to a criminal court, or if the complaint is filed against a child domiciled in another state, and that state would subject the child the criminal prosecution as an adult.[24]

Discretionary Transfer

             To exercise a discretionary transfer, a court must first order that the child undergo mental examination to determine, among other things, whether the child is physically, mentally, and emotionally mature enough for the transfer.[25]  The child must be at least fourteen years of age when charged and the criminal offense must be a felony if committed by an adult.[26]  The parties may also make a motion to transfer a child to criminal court.[27]  If a juvenile court determines that a transfer should be made, the court will state the reasons for transfer as part of the record, require the child to provide a bond or surety, and require the child to appear before the appropriate court.[28]

Does the public have access to juvenile court proceedings?

            Despite the protections provided under the code,[29] under the Rules of Superintendence for the Court’s of Ohio, Rule 12(A) allows photographs to be taken at any public trial.[30]  As such, any juvenile transferred to adult court will be subject to a public trial and open access by media.  However, “there is no constitutional right of access to juvenile delinquency proceedings.”  State ex rel. Dispatch Printing Co. v. Geer, 114 Ohio St. 3d 511, 516, 2007-Ohio-4643, 873 N.E.2d 314. 

 

Notification of Collateral Consequences of Juvenile Arrest & Court Records

            Current Ohio law does not require a judge or court to notify a juvenile defendant of the possible consequences of an arrest or court record.  However, when a child admits guilt to a crime, the court cannot accept the admission unless it determines the child is voluntarily making the admission and understands both the consequences of the admission and that the juvenile is waiving the right to challenge the witnesses, evidence, and the right to remain silent at the adjudicatory hearing.[31]  In some circumstances, such as admissions of guilt of sexual offenses, a judge will provide notification of potential consequences.[32]

 

Treatment of Juvenile Arrest Records, DNA, Fingerprints, and Photographs

             Although not publicly available, juvenile arrest records are available to agencies and entities as authorized by statute.[33]  Statutory exceptions for the confidentiality of juvenile records include allowing records to be obtained by the juvenile, the parent or guardian, and a public board of education.[34]  For instance, a court can order that the records be given to public school boards.[35]  However, probation records are confidential under Ohio law.[36]

             DNA is collected if a child is adjudicated delinquent for an act that is a felony if committed by an adult.[37]  DNA is also collected if the child is charged with aggravated murder, kidnapping, rape, sexual battery, gross sexual imposition, aggravated burglary, interference with custody, complicity, or unlawful sexual contact.[38]  It is also collected when the child is committed to the custody of the department of youth services; placed in detention; or placed in a school, camp, institution, or other facility for delinquent children.[39]

            Generally, a juvenile may not be fingerprinted or photographed in the investigation of any violation of law without the consent of a juvenile judge.[40]  However, a law enforcement officer may fingerprint or photograph a juvenile without a judge’s consent if the child is arrested or taken into custody for an act that would be an offense, other than a misdemeanor or minor traffic offense if committed by an adult, and there is probably cause to believe the child was involved in the act.[41]  If fingerprints or photographs are taken, an officer must immediately inform the juvenile court and provide the court with the child’s identity, the number of fingerprints taken, and the name and address of those who have control of the prints, photographs, or copies of either.[42]

            An officer is not required to notify of a judge if the child is arrested or taken into custody for an act that, if committed by an adult, would be a felony, or if the delinquent child has already been convicted or pleaded guilty to committing a felony.[43]  In addition, fingerprint and photograph records are not available to the public.[44]

            Records of a juvenile’s fingerprints and photographs are generally retained for no more than thirty days;[45] however, this can widely vary depending on the charges faced by and later adjudication if the juvenile.[46]  If the charges are still pending after the initial thirty day period and the child is under an indictment, information, or complaint, and the child has been adjudicated delinquent in a prior proceeding, the fingerprints and photographs may be kept for two years or until the child turns eighteen.[47]  If the child is adjudicated delinquent for a violent misdemeanor offense or for participating in a criminal gang, the fingerprints are kept for a period specified by the judge who consented to the collection of fingerprints or photographic evidence.[48]

 

Treatment of Juvenile Court Records

            Ohio law provides that juvenile courts maintain a record for all official cases brought before it.[49]  Records can contain the juvenile’s fingerprints, DNA samples, and photographs,[50] as well as any past actions related to delinquency proceedings.  The file may even include a social history examination.[51]  A social history of a juvenile includes the child’s family history, personal history, school and attendance records, and anything else that might assist the court in determining its disposition of the case.[52]  However, Ohio law limits inspection to the parents, guardian, or custodian of any child affected.[53]

            In addition, the Ohio Rules of Juvenile Procedure prohibit anyone, including individuals involved in a proceeding, from disseminating a recording or transcript for public use except during an appeal, as allowed by statute, or by court order.[54]

            Finally, juvenile arrest and court records are closely protected under Ohio law, but are discoverable in a civil action.[55]  Prior to releasing juvenile court records for a civil trial, the trial court conducts an in camera inspection to determine whether the records are necessary and relevant to the pending action, whether good cause had been shown by the person seeking disclosure, and whether admission of the records outweighs confidentiality considerations.[56]

 

Sealing and Expunging Delinquency Arrest and Court Records

Can a juvenile seal juvenile records?

             Not all juvenile records may be sealed.[57]  A court will not seal records if a child was adjudicated delinquent for aggravated murder, murder, rape, sexual battery, or gross sexual imposition.[58]

             The court will seal a record if the case was resolved without filing a complaint against the child, the complaint was dismissed, or the child was found not delinquent.[59]  In addition, if a child charged with certain enumerated offenses has successfully completed a diversion program, the court will also seal prior records.[60] Finally, once a child adjudicated an unruly child reaches the age of eighteen and is no longer under the jurisdiction of the juvenile court, the record will automatically be sealed.[61]

            If the court orders the record sealed, all original records, fingerprints (except those held by a law enforcement agency) and DNA will be delivered to the court.[62]   Once delivered, the record is maintained in a sealed, separate file, and all index references to the case and the individual are permanently deleted.[63]

            The sealed records are available for inspection by the court, the individual, law enforcement officers, or prosecutors.[64]   Additionally, records may be reviewed by law enforcement officers or prosecutors to determine whether an individual is eligible for diversion programs.[65]  Further, the attorney general or court may review the records to determine if a child is a public registry-qualified juvenile offender.[66]  The records may also be reviewed during a civil action.[67]

            Even if a juvenile record has been sealed, a Board of Education may maintain a separate file regarding the adjudication of a juvenile if that adjudication was used to determine permanent expulsion.[68]  This information may not be released for any reason, including employment, licensing, or education.[69]

How does an individual expunge juvenile records?

            After a juvenile’s record has been sealed, the record will be expunged either five years after the initial sealing order was granted or upon the twenty-third birthday of the person who is subject to the sealing order, whichever is earlier.[70]

            Alternatively, a juvenile may request that a record be expunged.[71]  A court will look at a variety of factors to determine whether or not to grant the expungement request.   A person submitting the request will have to provide relevant documentation in support of the request[72] and the court may investigate to determine if the juvenile has been satisfactorily rehabilitated.[73] The prosecutor will also be notified and have an opportunity to file a response to the expungement request.[74]  The court will then hold a hearing to determine if the request should be granted.[75]  To reach a decision, the court will consider all the materials submitted along with the following factors: age, nature of the case, whether or not the child has continued or ceased criminal activity, education and employment history, and anything else related to the rehabilitation of the applicant.[76]

           A court may not expunge a record if there is a civil action pending that involves the records; expungement must wait until the civil case is final.[77]  Once the records are expunged, the court and the individual may respond to inquiries as if no records exist.[78]

                     

Challenging Court Record and Arrest Record Accuracy

            At present, “the Supreme Court of Ohio has not considered whether Ohio law creates an independent legal duty to maintain accurate records.”[79]  However, Ohio Criminal Procedure Rule 36 does allow the court to correct clerical mistakesat any time.[80]                                 

 

Employment Opportunities

            Unless specifically authorized by law, the dissemination of juvenile records is prohibited; this includes employers.[81]  Ohio law prohibits employers or licensors from asking whether an applicant is the subject of a sealed record.[82]  By law, an individual is allowed to deny having been arrested or placed into custody if the record has been sealed.[83]  The law also provides that an individual, responding to this inquiry, cannot suffer any adverse action.[84]

            Despite being sealed or expunged, if a child later applies for a position in law enforcement or with the department of corrections, records may be used as part of a background investigation.[85]

 

Collateral Consequences Affecting Elementary & Secondary Education Students

             Each school district or board of education may draft individual policies regarding suspension, expulsion, removal, and permanent exclusion.[86]  Further, a school district or board of education may maintain its own records regarding juvenile adjudications if the information was used to determine permanent expulsion.[87]

            While an order by the court does not revoke the ability of the school board or board of education to expel an individual, an order can be presented as evidence that the permanent expulsion should be revoked.[88]                                                    

 

Collateral Consequences to Receipt of Public Benefits & Privileges

Can a juvenile record affect eligibility for public housing?    

            Federal law states that individuals with a juvenile adjudication that requires lifetime sex offender registration are banned from public housing.[89] Persons involved in manufacturing or otherwise producing methamphetamine on the premises of a federally-assisted housing program are also banned.[90]

            Juveniles are banned from public housing for three years when evicted for drug-related activity.[91] This includes drug abuse.[92] The housing provider may make an exception for a family if the juvenile successfully completes a supervised drug rehabilitation program approved by the local public housing authority or the circumstances leading to the eviction no longer exist (for example, if the juvenile is placed in a secure facility).[93]                             

Can an arrest or an adjudication of a juvenile household member result in a family being evicted from public housing?         

            With regards to federal regulations, a juvenile’s delinquent acts may cause eviction from rental housing, whether private or public; an adjudication is not necessarily required. 

            Federal law states that, for housing projects, drug-related criminal activity by juvenile household members may result in the entire family being evicted, even if the delinquent conduct does not occur on public housing property.[94] For other housing funded through the Department of Housing and Urban Development, drug-related criminal activity committed on or near the premises, or any criminal activity that threatens the health, safety or right to peaceful enjoyment of residents living in the immediate vicinity, may also result in eviction.[95] Illegal drug use or a pattern of illegal drug use or alcohol abuse that interferes with the health, safety, or right to peaceful enjoyment of the premises may result in eviction, although evidence of rehabilitation may be considered.[96] Persons violating probation or parole may also be evicted from federally funded housing.[97] Again, local public housing authorities may have additional rules regarding eviction.

Will a juvenile record affect a driver’s license or permit?

            If adjudicated an unruly child, a juvenile may have a driver’s license or temporary licensed suspended by court.[98]  The court may also suspend a driver’s license or temporary license if the child uses or consumes tobacco.[99]

                               

Sex Offender Registry

            A child is subject to mandatory registration upon adjudication for a second sexually oriented or child oriented offense if aged between fourteen and seventeen years old at the time of the second offense.[100]  Children aged sixteen and seventeen who commit a sexually oriented offense or a child-victim oriented offense must register as well.[101]

            The court may require registration for a child who committed a sexually oriented offense or a child-victim oriented offense while aged fourteen or fifteen years old.[102]  However, a child under the age of fourteen at the time of an offense is not subject to registration.[103]

            A Public Registry Qualified Juvenile Offender Registrant (PRQJOR) is a child to whom the court imposed a serious youthful offender dispositional sentence and meets the following three criteria:[104]

  1.  The child is adjudicated a delinquent child for committing, attempting to commit, conspiring to commit, or complicity in committing one of the following acts:

    a. rape,[105] gross sexual imposition,[106]or sexual battery[107]when the victim is less than twelve years old, or if these crimes were committed to gratify the sexual needs or desires of the child.

  2.       b. aggravated murder,murder,or kidnapping

2. The offender was between fourteen and seventeen years of age at the time of committing the act.[111]

3. A juvenile court judge classifies the person a juvenile offender,[112] specifies the person has a duty to comply with all registration and compliance statutes,[113] and classifies the person as a public registry-qualified juvenile offender and that classification has not been terminated.[114]

            Prior to issuing a classification order,[115] a judge shall conduct a hearing to determine if a child should be classified as a Tier I, Tier II, or Tier III offender.[116]  A child designated a Tier I offender is required to register annually for ten years; however, if a judge determines[117] that a child should no longer be classified as a juvenile offender, the obligations to register end upon entry of the determination order.[118]

            A child designated a Tier II offender is required to register biannually for twenty years; if a judge makes a determination[119] that a child is no longer a Tier II sex offender/child-victim offender but should remain a juvenile offender, the child must continue to register for ten years.[120]  If a judge determines[121] that the child should no longer be classified as a Tier II offender, the child will be required to follow the registration requirement for a Tier I offender.[122]

            A child designated a Tier III offender, or public registry-qualified juvenile offender, is required to register every ninety days until the delinquent child's death.[123]  If a child is designated a Tier III offender and a judge or judge’s successor makes a determination, [124] based on a variety of factors,[125]  that the child is no longer Tier III and is now either a Tier II or Tier I offender, the juvenile will then register accordingly.[126]

            A delinquent child who is a public registry-qualified juvenile offender may have a lifetime duty to register.[127]  After twenty-five years, a juvenile offender may motion the court to have the registration status reviewed.[128]                      

Who has access to the sex offender registry?

            The following individuals have access to the non-public registry: regularly employed peace officers or other law enforcement officers,[129] authorized employees of the bureau of criminal identification and investigation,[130] the registrar of motor vehicles, or an employee of the registrar of motor vehicles for verification of address information as requested by the bureau of criminal identification and investigation.[131]        

What information is disclosed?

             Under the sex offender registration and notification law, the following information is collected and may be disclosed: citation and name of all sexually oriented offenses or child-victim offenses to which the juvenile offender pleaded guilty to or was adjudicated delinquent for and resulted in a registration duty;[132] text of the sexually orientated offenses or a link to the database that sets forth the text of the offense(s);[133] Tier status;[134] community supervision status of the juvenile and the nature of such release;[135] offense and delinquency history of the person;[136] Bureau of Criminal Identification and Investigation, or Federal Bureau of Investigation, or any other state identification number, if assigned;[137] fingerprints and palm prints; [138] a DNA specimen;[139] outstanding warrants;[140] and compliance with registration obligations.[141]

             Under the Ohio’s community notification provisions, if the juvenile offender is a Tier III sex offender/child-victim offender, a court may order community notification.[142]  Community notification is mandatory if a child is a public registry qualified juvenile offender.[143]

             If community notification is ordered, a sheriff shall provide a written notice containing the following information:  delinquent child's name;[144]the address or addresses of the public registry-qualified juvenile offender’s residence, school, institution of higher education, or place of employment, as applicable, or just the residence address or addresses of a delinquent child who is not a public registry-qualified juvenile offender;[145] the sexually oriented offense or child-victim oriented offense for which the child was adjudicated a delinquent child;[146] astatement that identifies the category that includes the delinquent child and that subjects the offender or delinquent child to this section;[147] and the delinquent child's photograph.[148]

            Additionally, the Bureau of Criminal Identification and Investigation provides an online registry of all public registry qualified juvenile offenders.[149]

             The database is a public record open for inspection and may be searched using the following information: the public registry-qualified juvenile offender’s name, county, zip code and school district.[150]  It can provide a link to the website of each sheriff who has a sex offender and child-victim offender database that contains information on public registry-qualified juvenile offenders who register in that county pursuant to Ohio Law.[151]  A volunteer organization or other organization, company, or individual who wishes to receive offender notices regarding a delinquent child or notice regarding all delinquent children located in the specified geographical notification area may do so by requesting the information from the sheriff. [152]

 




[1]Ohio Rev. Code Ann. § 2152.01 (2010).

[2]In re Richardson, 7th Dist. No. 01CA78, 2002-Ohio-6709, at ¶4 citing Ohio Rev. Code Ann. § 2151.357(H) (2010).

[3] Ohio Rev. Code Ann. § 2151.35(A) (2010).

[4] Ohio Juv.  R. 2(B) (2010).

[5] State v. Keller, 1979 Ohio App. LEXIS 11042 (Ohio Ct. App., Seneca Cnty. July 3, 1979).

[6] Ohio Rev. Code Ann. § 2152.01 (2010).

[7] Ohio Juv. R. 29 (D) (2010).

[8] Ohio Rev. Code Ann. § 2152.02(C) (2010).

[9] Ohio Rev. Code Ann. § 2152.13 (2010).

[10]Ohio Rev. Code Ann. §  2152.02(F) (2010).

[11]Ohio Rev. Code Ann. § 2152.02(F)(4) (2010).

[12]Ohio Rev. Code Ann. § 2152.02(F) (4)(2010).

[13] Ohio Rev. Code Ann. § 2152.13 (2010).

[14] See generally Ohio Rev. Code Ann. § 2152.11 (2010).

[15] Id. at (H).

[16] Ohio Rev. Code Ann. § 2151.02(F) (2010).

[17] Ohio Rev. Code Ann. § 2152.02(C) (2010).

[18] Ohio Rev. Code Ann. § 2152.02(C)(3) (2010).

[19] Ohio Rev. Code Ann. § 2152.02 (C)(4) (2010).

[20]Ohio Rev. Code Ann. § 2152.02 (C) (5) (2010).

[21] Ohio Rev. Code Ann. § 2152.10(A)(1) (2010).

[22] Id. at (A)(2).. 

[23] Ohio Rev. Code Ann. § 2152.12 (A)(1)(a) (2010). 

[24] Ohio Rev. Code Ann. § 2152.12(A)(2)(a) and (b)(2010). 

[25] Ohio Rev. Code Ann. § 2151.12(C-D) (2010).

[26] Ohio Rev. Code Ann. § 2152.10(B) (2010).

[27] Ohio Rev. Code Ann. § 2152.12(F) (2010).

[28] Ohio Rev. Code Ann. § 2152.12(I) (2010).

[29] Ohio Rev. Code Ann. § 2151.313 (2010).

[30] Ohio Sup R. 12(A) (2010).

[31] Ohio Juv. R. 29 (2010).

[32] In Re Smith, 3rd Dist. No. 45-05-33, 2006-Ohio-2788.

[33] Ohio Rev. Code Ann. § 2151.14(D) (2010).

[34] Ohio Rev. Code Ann. § 2151.14(D) (2010).

[35]Mather v. Loveland City Sch. Dist. Bd. of Edn.  181 Ohio App.3d 338, 2009-Ohio-1077, 908 N.E.2d 1039, 1043-1044.

[36] Ohio Rev. Code Ann. § 2151.14(B) (2010).

[37] Ohio Rev. Code Ann. § 2152.74(D) (2010).

[38] Ohio Rev. Code Ann. § 2152.74(B)(1) (2010).

[39] Id.

[40] Ohio Rev. Code Ann. § 2151.313(A)(1) (2010).

[41] Ohio Rev. Code Ann. § 2151.313(A)(2) (2010).

[42] Id.

[43] Ohio Rev. Code Ann. § 2151.313(A)(3) (2010).

[44] Ohio Rev. Code Ann. §2151.313(C)(2) (2010).

[45] Ohio Rev. Code Ann. § 2151.313(B)(1) (2010).

[46] Section 2151.313(B)(2) and (3) give extensive instructions regarding extended retention of juvenile fingerprints and photographs. 

[47] Ohio Rev. Code Ann. § 2151.313(B)(2) (2010).

[48] Ohio Rev. Code Ann. § 2151.313(B)(3) (2010).

[49] Ohio Rev. Code Ann. §2151.18(A) (2010).

[50] Ohio Rev. Code Ann. §2151.313 (2010).

[51] Ohio Juv. R. 32 (2010).

[52] Ohio Rev. Code Ann. § 2152.04 (2010).

[53]Ohio Rev. Code Ann. § 2151.18(A) (2010).

[54] Ohio Juv. R. 37 (2010).

[55] Ohio Rev. Code Ann. § 2151.358(C) (2010).

[56] Grantz v. Discovery For Youth, 12th Dist. No. CA2004-09-216, 2005-Ohio-680 citing to Ohio Rev. Code Ann. §§ 2151.14(B), 5153.17 (2010).

[57] Ohio Rev. Code Ann. § 2151.356.(A) (2010).

[58] Ohio Rev. Code Ann. § 2151.356(A) (2010).

[59] Ohio Rev. Code Ann. § 2151.356(B)(1)(b,d) (2010).

[60] Ohio Rev. Code Ann. § 2151.356(B)(1)(c) (2010).

[61] Ohio Rev. Code Ann. § 2151.356(B)(1)(e) (2010).

[62] Ohio Rev. Code Ann. § 2151.357(A)(3) (2010).

[63] Ohio Rev. Code Ann. § 2151.357(A)(2-3) (2010)

[64] Ohio Rev. Code Ann. § 2151.357(E) (2010).

[65] Ohio Rev. Code Ann. § 2151.357(E) (2010).

[66] Ohio Rev. Code Ann. § 2151.357(E) (2010).

[67] Ohio Rev. Code Ann. § 2151.357(E) (2010).

[68] Ohio Rev. Code Ann. § 2151.357(D) (2010).

[69] Ohio Rev. Code Ann. § 2151.357(E-F) (2010).

[70] Ohio Rev. Code Ann. § 2151.358(A) (2010).

[71] Ohio Rev. Code Ann. § 2151.358(B) (2010).

[72] Ohio Rev. Code Ann. § 2151.358(B)(1) (2010).

[73] Ohio Rev. Code Ann. § 2151.358(B)(2) (2010).

[74] Ohio Rev. Code Ann. § 2151.358(B)(3-4) (2010).

[75] Ohio Rev. Code Ann. § 2151.358(B)(5) (2010).

[76] Ohio Rev. Code Ann. § 2151.358(B)(5) (2010).

[77] Ohio Rev. Code Ann. § 2151.358(C) (2010).

[78] Ohio Rev. Code Ann. § 2151.358(E) (2010).

[79] State v. Rittner, 6th Dist. No. L-04-1368, 2006-Ohio-1114, at ¶16 citing State ex. rel. Hattie v. Goldhardt (1994), 69 Ohio St.3d 123, 125 at fn 1.  (The court notes however, “It seems absurd for the Ohio legislature to have intended that BCII maintain inaccurate data.”  Rittner at ¶16.).

[80] Ohio Crim. R. 36 (2010).

[81] Ohio Rev. Code Ann. § 2151.14(D)(4) (2010). 

[82] Ohio Rev. Code Ann. § 2151.357(G) (2010).

[83] Ohio Rev. Code Ann. § 2151.357 (G) (2010).

[84] Ohio Rev. Code Ann. § 2151.357(G) (2010).

[85] Ohio Rev. Code Ann. § 2151.358(D)(4)(f) (2010).

[86] Ohio Rev. Code Ann. § 3313.661(A)(2010).

[87] Ohio Rev. Code Ann. § 2151.357(D) (2010).

[88] Ohio Rev. Code Ann. § 2151.357(D) (2010).

[89] 42 U.S.C. § 13663(a) (2010).

[90] 42 U.S.C. § 1437n(f) (2010); 24 C.F.R. § 966.4(l)(iii)(A) (2010).

[91] 42 U.S.C. § 13661(a) (2010); 24 C.F.R. § 982.553 (2010).

[92] 42 U.S.C. § 13361(b) (2010).

[93] Id.

[94] 42 U.S.C. § 1437d(l)(6) (2010); 24 C.F.R. § 966.4(f)(12)(i) (2010).

[95] 42 U.S.C. § 1437f(d)(1)(B)(iii) (2010).

[96] 42 U.S.C. § 13662 (2010).

[97] 42 U.S.C. § 1437f(d)(1)(B)(v) (2010).

[98] Ohio Rev. Code Ann. § 2151.354(A)(3) (2010).

[99] Ohio Rev. Code Ann. § 2151.87(F) (2010).

[100] Ohio Rev. Code Ann. § 2152.82(A) (2010).

[101] Ohio Rev. Code Ann. § 2152.83(A) (2010).

[102] Ohio Rev. Code Ann. § 2152.83(B) (2010).

[103] Ohio Rev. Code Ann. §§ 2152.82- 2152.83 (2010).

[104] Ohio Rev. Code Ann. § 2152.86 (2010).

[105] Ohio Rev. Code Ann. § 2907.02 (2010).

[106] Ohio Rev. Code Ann. § 2907.05 (B) (2010).

[107] Ohio Rev. Code Ann. § 2907.03 (2010).

[108] Ohio Rev. Code Ann. § 2903.01 (2010).

[109] Ohio Rev. Code Ann. § 2903.02 (2010).

[110] Ohio Rev. Code Ann. § 2905.01 (2010).

[111] Ohio Rev. Code Ann. § 2152.86(A)(1) (2010).

[112] Ohio Rev. Code Ann. §2152.86 (2010).

[113] Ohio Rev. Code Ann. §§ 2950.04, 2950.041, 2950.05, 2950.06 (2010).

[114] Ohio Rev. Code Ann. § 2152.86(D) (2010).

[115] Ohio Rev. Code Ann. §§ 2152.831,  2152.82-2152.83 (2010).

[116] Ohio Rev. Code Ann. §§ 2152.82(B); 2152.83(C) (2010).

[117] Ohio Rev. Code Ann. §§  2152.84-2182.85 (2010).

[118] Ohio Rev. Code Ann. § 2950.07(B)(3) (2010).

[119] Ohio Rev. Code Ann. §§ 2152.84-2182.85 (2010).

[120] Ohio Rev. Code Ann. § 2950.07(B)(2) (2010).

[121] Ohio Rev. Code Ann. §§ 2152.84-2182.85 (2010).

[122] Ohio Rev. Code Ann. § 2950.07 (B)(2) (2010).

[123] Ohio Rev. Code Ann. § 2950.07(B)(1) (2010).

[124] Ohio Rev. Code Ann. §§ 2152.84-2182.85 (2010).

[125] Ohio Rev. Code Ann. § 2152.83 (2010).

[126] Ohio Rev. Code Ann. § 2950.07(B)(1) (2010).

[127] Id.

[128] Ohio Rev. Code Ann. § 2950.15 (C)(2) (2010).

[129] Ohio Rev. Code Ann. § 2950.08(A)(1) (2010).

[130] Ohio Rev. Code Ann. § 2950.08(A)(2) (2010).

[131] Ohio Rev. Code Ann. § 2950.08(A)(3) (2010).

[132] Ohio Rev. Code Ann. § 2950.13(A)(1)(a) (2010).

[133] Ohio Rev. Code Ann. § 2950.13(A)(1)(b) (2010).

[134] Ohio Rev. Code Ann. § 2950.13(A)(1)(c) (2010).

[135] Ohio Rev. Code Ann. § 2950.13(A)(1)(d) (2010).

[136] Ohio Rev. Code Ann. § 2950.13(A)(1)(e) (2010).

[137] Ohio Rev. Code Ann. § 2950.13(A)(1)(f) (2010).

[138] Ohio Rev. Code Ann. § 2950.13(A)(1)(g) (2010).

[139] Ohio Rev. Code Ann. § 2950.13(A)(1)(h) (2010).

[140] Ohio Rev. Code Ann. § 2950.13(A)(1)(i) (2010).

[141] Ohio Rev. Code Ann. § 2950.13(A)(1)(j) (2010).

[142] Ohio Rev. Code Ann. § 2950.11 (2010); State v. McConville, 124 Ohio St.3d 556, 2010-Ohio-958.

[143] Ohio Rev. Code Ann. § 2950.11(F)(1)(a) (2010); discussed earlier in the chapter.

[144] Ohio Rev. Code Ann. § 2950.11 (B)(1) (2010).

[145] Ohio Rev. Code Ann. § 2950.11 (B)(2) (2010).

[146] Ohio Rev. Code Ann. § 2950.11 (B)(3) (2010).

[147] Ohio Rev. Code Ann. § 2950.11 (B)(4) (2010).

[148] Ohio Rev. Code Ann. § 2950.11 (B)(5) (2010).

[149] Ohio Rev. Code Ann. § 2950.13 (A)(11) (2010).

[150] Ohio Rev. Code Ann. § 2950.13 (A)(11) (2010) .

[151] Ohio Rev. Code Ann. § 2950.04 or § 2950.041; Ohio Rev. Code Ann. § 2950.13(A)(11) (2010).

[152] Ohio Rev. Code Ann. § 2950.11(J) (2010).

 

 

 

Resources/Links

Ohio Department of Youth Services
http://www.dys.ohio.gov/dnn/
Juvenile Justice Coalition
http://www.juvenilecoalition.org/
Children’s Defense Fund-Ohio- Juvenile Justice for Ohio's Children
http://cdf.childrensdefense.org/site/DocServer/KC_Book_PDF_-_Final_1.pdf?docID=3121
Voices for Ohio's Children
http://www.vfc-oh.org/cms/site/cbf66f9164d1a0de/index.html/
Office of the Ohio Public Defender
http://www.opd.ohio.gov/
Columbus City Attorney's Office
http://www.columbuscityattorney.org/