Ohio § 2151.28

§ 2151.28.

(A) No later than seventy-two hours after the complaint is filed, the court shall fix

a time for an adjudicatory hearing.  The court shall conduct the adjudicatory hearing within one of the following periods

of time: (1) Subject to division (C) of section 2152.13 of the Revised Code and division (A)(3) of this section, if the complaint alleged that the child violated section 2151.87 of the Revised Code or is a delinquent or unruly child or a juvenile traffic offender, the adjudicatory

hearing shall be held and may be continued in accordance with the Juvenile Rules. (2) If the complaint alleged that the child is an abused, neglected, or dependent child,

the adjudicatory hearing shall be held no later than thirty days after the complaint

is filed, except that, for good cause shown, the court may continue the adjudicatory

hearing for either of the following periods of time: (a) For ten days beyond the thirty-day deadline to allow any party to obtain counsel; (b) For a reasonable period of time beyond the thirty-day deadline to obtain service

on all parties or any necessary evaluation, except that the adjudicatory hearing shall

not be held later than sixty days after the date on which the complaint was filed. (3) If the child who is the subject of the complaint is in detention and is charged with

violating a section of the Revised Code that may be violated by an adult, the hearing

shall be held not later than fifteen days after the filing of the complaint.  Upon a showing of good cause, the adjudicatory hearing may be continued and detention

extended. (B) At an adjudicatory hearing held pursuant to division (A)(2) of this section, the

court, in addition to determining whether the child is an abused, neglected, or dependent

child, shall determine whether the child should remain or be placed in shelter care

until the dispositional hearing.  When the court makes the shelter care determination, all of the following apply: (1) The court shall determine whether there are any relatives of the child who are willing

to be temporary custodians of the child.  If any relative is willing to be a temporary custodian, the child otherwise would

remain or be placed in shelter care, and the appointment is appropriate, the court

shall appoint the relative as temporary custodian of the child, unless the court appoints

another relative as custodian.  If it determines that the appointment of a relative as custodian would not be appropriate,

it shall issue a written opinion setting forth the reasons for its determination and

give a copy of the opinion to all parties and the guardian ad litem of the child. The court's consideration of a relative for appointment as a temporary custodian does

not make that relative a party to the proceedings. (2) The court shall comply with section 2151.419 of the Revised Code . (3) The court shall schedule the date for the dispositional hearing to be held pursuant

to section 2151.35 of the Revised Code .  The parents of the child have a right to be represented by counsel;  however, in

no case shall the dispositional hearing be held later than ninety days after the date

on which the complaint was filed. (C)(1) The court shall direct the issuance of a summons directed to the child except as

provided by this section, the parents, guardian, custodian, or other person with whom

the child may be, and any other persons that appear to the court to be proper or necessary

parties to the proceedings, requiring them to appear before the court at the time

fixed to answer the allegations of the complaint.  The summons shall contain the name and telephone number of the court employee designated

by the court pursuant to section 2151.314 of the Revised Code to arrange for the prompt appointment of counsel for indigent persons.  A child alleged to be an abused, neglected, or dependent child shall not be summoned

unless the court so directs.  A summons issued for a child who is under fourteen years of age and who is alleged

to be a delinquent child, unruly child, or a juvenile traffic offender shall be served

on the parent, guardian, or custodian of the child in the child's behalf. If the person who has physical custody of the child, or with whom the child resides,

is other than the parent or guardian, then the parents and guardian also shall be

summoned.  A copy of the complaint shall accompany the summons. (2) In lieu of appearing before the court at the time fixed in the summons and prior

to the date fixed for appearance in the summons, a child who is alleged to have violated section 2151.87 of the Revised Code and that child's parent, guardian, or custodian may sign a waiver of appearance before

the clerk of the juvenile court and pay a fine of one hundred dollars.  If the child and that child's parent, guardian, or custodian do not waive the court

appearance, the court shall proceed with the adjudicatory hearing as provided in this

section. (D) If the complaint contains a prayer for permanent custody, temporary custody, whether

as the preferred or an alternative disposition, or a planned permanent living arrangement

in a case involving an alleged abused, neglected, or dependent child, the summons

served on the parents shall contain as is appropriate an explanation that the granting

of permanent custody permanently divests the parents of their parental rights and

privileges, an explanation that an adjudication that the child is an abused, neglected,

or dependent child may result in an order of temporary custody that will cause the

removal of the child from their legal custody until the court terminates the order

of temporary custody or permanently divests the parents of their parental rights,

or an explanation that the issuance of an order for a planned permanent living arrangement

will cause the removal of the child from the legal custody of the parents if any of

the conditions listed in divisions (A)(5)(a) to (c) of section 2151.353 of the Revised

Code are found to exist. (E)(1) Except as otherwise provided in division (E)(2) of this section, the court may endorse

upon the summons an order directing the parents, guardian, or other person with whom

the child may be to appear personally at the hearing and directing the person having

the physical custody or control of the child to bring the child to the hearing. (2) In cases in which the complaint alleges that a child is an unruly child for being

an habitual truant or that a child is a delinquent child for violating a court order

regarding the child's prior adjudication as an unruly child for being an habitual

truant, and that the parent, guardian, or other person having care of the child has

failed to cause the child's attendance at school, the court shall endorse upon the

summons an order directing the parent, guardian, or other person having care of the

child to appear personally at the hearing and directing the person having the physical

custody or control of the child to bring the child to the hearing. (F)(1) The summons shall contain a statement advising that any party is entitled to counsel

in the proceedings and that the court will appoint counsel or designate a county public

defender or joint county public defender to provide legal representation if the party

is indigent. (2) In cases in which the complaint alleges a child to be an abused, neglected, or dependent

child and no hearing has been conducted pursuant to division (A) of section 2151.314 of the Revised Code with respect to the child or a parent, guardian, or custodian of the child does not

attend the hearing, the summons also shall contain a statement advising that a case

plan may be prepared for the child, the general requirements usually contained in

case plans, and the possible consequences of failure to comply with a journalized

case plan. (G) If it appears from an affidavit filed or from sworn testimony before the court that

the conduct, condition, or surroundings of the child are endangering the child's health

or welfare or those of others, that the child may abscond or be removed from the jurisdiction

of the court, or that the child will not be brought to the court, notwithstanding

the service of the summons, the court may endorse upon the summons an order that a

law enforcement officer serve the summons and take the child into immediate custody

and bring the child forthwith to the court. (H) A party, other than the child, may waive service of summons by written stipulation. (I) Before any temporary commitment is made permanent, the court shall fix a time for

hearing in accordance with section 2151.414 of the Revised Code and shall cause notice by summons to be served upon the parent or guardian of the

child and the guardian ad litem of the child, or published, as provided in section 2151.29 of the Revised Code .  The summons shall contain an explanation that the granting of permanent custody

permanently divests the parents of their parental rights and privileges. (J) Any person whose presence is considered necessary and who is not summoned may be

subpoenaed to appear and testify at the hearing.  Anyone summoned or subpoenaed to appear who fails to do so may be punished, as in

other cases in the court of common pleas, for contempt of court.  Persons subpoenaed shall be paid the same witness fees as are allowed in the court

of common pleas. (K) The failure of the court to hold an adjudicatory hearing within any time period set

forth in division (A)(2) of this section does not affect the ability of the court

to issue any order under this chapter and does not provide any basis for attacking

the jurisdiction of the court or the validity of any order of the court. (L) If the court, at an adjudicatory hearing held pursuant to division (A) of this section

upon a complaint alleging that a child is an abused, neglected, dependent, delinquent,

or unruly child or a juvenile traffic offender, determines that the child is a dependent

child, the court shall incorporate that determination into written findings of fact

and conclusions of law and enter those findings of fact and conclusions of law in

the record of the case.  The court shall include in those findings of fact and conclusions of law specific

findings as to the existence of any danger to the child and any underlying family

problems that are the basis for the court's determination that the child is a dependent

child.