Ohio § 2151.141

§ 2151.141.

(A) If a complaint filed with respect to a child pursuant to section 2151.27 of the Revised Code alleges that a child is an abused, neglected, or dependent child, any individual

or entity that is listed in divisions (D)(1)(a) to (k) of section 2151.14 of the Revised

Code and that is investigating whether the child is an abused, neglected, or dependent

child, has custody of the child, is preparing a social history for the child, or is

providing any services for the child may request any board of education, governing

body of a chartered nonpublic school, public children services agency, private child

placing agency, probation department, law enforcement agency, or prosecuting attorney

that has any records related to the child to provide the individual or entity with

a copy of the records.  The request shall be in writing, describe the type of records requested, explain

the need for the records, be accompanied by a copy of the complaint, and describe

the relationship of the requesting individual or entity to the child.  The individual or entity shall provide a copy of the request to the child in question,

the attorney or guardian ad litem of the child, and the parent, guardian, or custodian

of the child. (B)(1) Any board of education, governing body of a chartered nonpublic school, public children

services agency, private child placing agency, probation department, law enforcement

agency, or prosecuting attorney that has any records related to a child who is the

subject of a complaint as described in division (A) of this section and that receives

a request for a copy of the records pursuant to division (A) of this section shall

comply with the request, unless the individual or entity determines that it is unable

to do so because it is prohibited by law from complying with the request, the request

does not comply with division (A) of this section, or a complaint as described in

division (A) of this section has not been filed with respect to the child who is the

subject of the requested records.  If the individual or entity determines that it is unable to comply with the request,

it shall file a motion with the court in which the complaint as described in division

(A) of this section was filed or was alleged to have been filed requesting the court

to determine the extent to which it is required to comply with the request for records.  Upon the filing of the motion, the court immediately shall hold a hearing on the

motion, determine the extent to which the movant is required to comply with the request

for records, and issue findings of fact and conclusions of law in support of its determination.  The determination of the court shall be final.  If the court determines that the movant is required to comply with the request for

records, it shall identify the specific records that must be supplied to the individual

or entity that requested them. (2) In addition to or in lieu of the motion described in division (B)(1) of this section,

a law enforcement agency or prosecuting attorney that receives a request for a copy

of records pursuant to division (A) of this section may file a motion for a protective

order as described in this division with the court in which the complaint as described

in division (A) of this section was filed or alleged to have been filed.  Upon the filing of a motion of that nature, the court shall conduct a hearing on

the motion.  If at the hearing the law enforcement agency or prosecuting attorney demonstrates

that any of the following applies and if, after considering the purposes for which

the records were requested pursuant to division (A) of this section, the best interest

of the child, and any demonstrated need to prevent specific information in the records

from being disclosed, the court determines that the issuance of a protective order

is necessary, then the court shall issue a protective order that appropriately limits

the disclosure of one or more specified records or specified information in one or

more specified records: (a) The records or information in the records relate to a case in which the child is

alleged to be a delinquent child or a case in which a child is transferred for trial

as an adult pursuant to section 2152.12 of the Revised Code and Juvenile Rule 30 , and the adjudication hearing in the case, the trial in the case, or other disposition

of the case has not been concluded. (b) The records in question, or the records containing the information in question, are

confidential law enforcement investigatory records, as defined in section 149.43 of the Revised Code . (c) The records or information in the records relate to a case in which the child is

or was alleged to be a delinquent child or to a case in which a child is or was transferred

for trial as an adult pursuant to section 2152.12 of the Revised Code and Juvenile Rule 30 ;  another case is pending against any child or any adult in which the child is alleged

to be a delinquent child, the child is so transferred for trial as an adult, or the

adult is alleged to be a criminal offender;  the allegations in the case to which

the records or information relate and the allegations in the other case are based

on the same act or transaction, are based on two or more connected transactions or

constitute parts of a common scheme or plan, or are part of a course of criminal conduct;

 and the adjudication hearing in, trial in, or other disposition of the other case

has not been concluded. (C) If an individual or entity is required to provide copies of records pursuant to this

section, the individual or entity may charge a fee for the copies that does not exceed

the cost of supplying them. (D) This section does not require, authorize, or permit the dissemination of any records

or any information contained in any records if the dissemination of the records or

information generally is prohibited by section 2151.142 or another section of the

Revised Code and a waiver as described in division (B)(1) of section 2151.142 of the Revised Code or a specific provision of the Revised Code does not specifically authorize or permit

the dissemination of the records or information pursuant to this section.