Ohio § 2151.31

§ 2151.31.

(A) A child may be taken into custody in any of the following ways: (1) Pursuant to an order of the court under this chapter or pursuant to an order of the

court upon a motion filed pursuant to division (B) of section 2930.05 of the Revised Code ; (2) Pursuant to the laws of arrest; (3) By a law enforcement officer or duly authorized officer of the court when any of

the following conditions are present: (a) There are reasonable grounds to believe that the child is suffering from illness

or injury and is not receiving proper care, as described in section 2151.03 of the Revised Code , and the child's removal is necessary to prevent immediate or threatened physical

or emotional harm; (b) There are reasonable grounds to believe that the child is in immediate danger from

the child's surroundings and that the child's removal is necessary to prevent immediate

or threatened physical or emotional harm; (c) There are reasonable grounds to believe that a parent, guardian, custodian, or other

household member of the child's household has abused or neglected another child in

the household and to believe that the child is in danger of immediate or threatened

physical or emotional harm from that person. (4) By an enforcement official, as defined in section 4109.01 of the Revised Code , under the circumstances set forth in section 4109.08 of the Revised Code ; (5) By a law enforcement officer or duly authorized officer of the court when there are

reasonable grounds to believe that the child has run away from the child's parents,

guardian, or other custodian; (6) By a law enforcement officer or duly authorized officer of the court when any of

the following apply: (a) There are reasonable grounds to believe that the conduct, conditions, or surroundings

of the child are endangering the health, welfare, or safety of the child. (b) A complaint has been filed with respect to the child under section 2151.27 or 2152.021 of the Revised Code or the child has been indicted under division (A) of section 2152.13 of the Revised Code or charged by information as described in that section and there are reasonable grounds

to believe that the child may abscond or be removed from the jurisdiction of the court. (c) The child is required to appear in court and there are reasonable grounds to believe

that the child will not be brought before the court when required. (d) There are reasonable grounds to believe that the child committed a delinquent act

and that taking the child into custody is necessary to protect the public interest

and safety. (B)(1) The taking of a child into custody is not and shall not be deemed an arrest except

for the purpose of determining its validity under the constitution of this state or

of the United States. (2) Except as provided in division (C) of section 2151.311 of the Revised Code , a child taken into custody shall not be held in any state correctional institution,

county, multicounty, or municipal jail or workhouse, or any other place where any

adult convicted of crime, under arrest, or charged with crime is held. (C)(1) Except as provided in division (C)(2) of this section, a child taken into custody

shall not be confined in a place of juvenile detention or placed in shelter care prior

to the implementation of the court's final order of disposition, unless detention

or shelter care is required to protect the child from immediate or threatened physical

or emotional harm, because the child is a danger or threat to one or more other persons

and is charged with violating a section of the Revised Code that may be violated by

an adult, because the child may abscond or be removed from the jurisdiction of the

court, because the child has no parents, guardian, or custodian or other person able

to provide supervision and care for the child and return the child to the court when

required, or because an order for placement of the child in detention or shelter care

has been made by the court pursuant to this chapter. (2) A child alleged to be a delinquent child who is taken into custody may be confined

in a place of juvenile detention prior to the implementation of the court's final

order of disposition if the confinement is authorized under section 2152.04 of the Revised Code or if the child is alleged to be a serious youthful offender under section 2152.13 of the Revised Code and is not released on bond. (D) Upon receipt of notice from a person that the person intends to take an alleged abused,

neglected, or dependent child into custody pursuant to division (A)(3) of this section,

a juvenile judge or a designated referee may grant by telephone an ex parte emergency

order authorizing the taking of the child into custody if there is probable cause

to believe that any of the conditions set forth in divisions (A)(3)(a) to (c) of this

section are present.  The judge or referee shall journalize any ex parte emergency order issued pursuant

to this division.  If an order is issued pursuant to this division and the child is taken into custody

pursuant to the order, a sworn complaint shall be filed with respect to the child

before the end of the next business day after the day on which the child is taken

into custody and a hearing shall be held pursuant to division (E) of this section

and the Juvenile Rules.  A juvenile judge or referee shall not grant an emergency order by telephone pursuant

to this division until after the judge or referee determines that reasonable efforts

have been made to notify the parents, guardian, or custodian of the child that the

child may be placed into shelter care and of the reasons for placing the child into

shelter care, except that, if the requirement for notification would jeopardize the

physical or emotional safety of the child or result in the child being removed from

the court's jurisdiction, the judge or referee may issue the order for taking the

child into custody and placing the child into shelter care prior to giving notice

to the parents, guardian, or custodian of the child. (E) If a judge or referee pursuant to division (D) of this section issues an ex parte

emergency order for taking a child into custody, the court shall hold a hearing to

determine whether there is probable cause for the emergency order.  The hearing shall be held before the end of the next business day after the day

on which the emergency order is issued, except that it shall not be held later than

seventy-two hours after the emergency order is issued. If the court determines at the hearing that there is not probable cause for the issuance

of the emergency order issued pursuant to division (D) of this section, it shall order

the child released to the custody of the child's parents, guardian, or custodian.  If the court determines at the hearing that there is probable cause for the issuance

of the emergency order issued pursuant to division (D) of this section, the court

shall do all of the following: (1) Ensure that a complaint is filed or has been filed; (2) Comply with section 2151.419 of the Revised Code ; (3) Hold a hearing pursuant to section 2151.314 of the Revised Code to determine if the child should remain in shelter care. (F) If the court determines at the hearing held pursuant to division (E) of this section

that there is probable cause to believe that the child is an abused child, as defined

in division (A) of section 2151.031 of the Revised Code , the court may do any of the following: (1) Upon the motion of any party, the guardian ad litem, the prosecuting attorney, or

an employee of the public children services agency, or its own motion, issue reasonable

protective orders with respect to the interviewing or deposition of the child; (2) Order that the child's testimony be videotaped for preservation of the testimony

for possible use in any other proceedings in the case; (3) Set any additional conditions with respect to the child or the case involving the

child that are in the best interest of the child. (G) This section is not intended, and shall not be construed, to prevent any person from

taking a child into custody, if taking the child into custody is necessary in an emergency

to prevent the physical injury, emotional harm, or neglect of the child.