Ohio § 2151.314

§ 2151.314.

(A) When a child is brought before the court or delivered to a place of detention or

shelter care designated by the court, the intake or other authorized officer of the

court shall immediately make an investigation and shall release the child unless it

appears that the child's detention or shelter care is warranted or required under section 2151.31 of the Revised Code . If the child is not so released, a complaint under section 2151.27 or 2152.021 or

an information under section 2152.13 of the Revised Code shall be filed or an indictment under division (B) of section 2152.13 of the Revised Code shall be sought and an informal detention or shelter care hearing held promptly,

not later than seventy-two hours after the child is placed in detention or shelter

care, to determine whether detention or shelter care is required.  Reasonable oral or written notice of the time, place, and purpose of the detention

or shelter care hearing shall be given to the child and, if they can be found, to

the child's parents, guardian, or custodian.  In cases in which the complaint alleges a child to be an abused, neglected, or dependent

child, the notice given the parents, guardian, or custodian shall inform them that

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

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

case plan. Prior to the hearing, the court shall inform the parties of their right to counsel

and to appointed counsel or to the services of the county public defender or joint

county public defender, if they are indigent, of the child's right to remain silent

with respect to any allegation of delinquency, and of the name and telephone number

of a court employee who can be contacted during the normal business hours of the court

to arrange for the prompt appointment of counsel for any party who is indigent.  Unless it appears from the hearing that the child's detention or shelter care is

required under the provisions of section 2151.31 of the Revised Code , the court shall order the child's release as provided by section 2151.311 of the Revised Code .  If a parent, guardian, or custodian has not been so notified and did not appear

or waive appearance at the hearing, upon the filing of an affidavit stating these

facts, the court shall rehear the matter without unnecessary delay. (B) When the court conducts a hearing pursuant to division (A) of this section, all of

the following apply: (1) The court shall determine whether an alleged abused, neglected, or dependent child

should remain or be placed in shelter care; (2) 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 would otherwise

be placed or retained 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 temporary 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 to 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. (3) The court shall comply with section 2151.419 of the Revised Code . (C) If a child is in shelter care following the filing of a complaint pursuant to section 2151.27 or 2152.021 of the Revised Code , the filing of an information, or the obtaining of an indictment or following a hearing

held pursuant to division (A) of this section, any party, including the public children

services agency, and the guardian ad litem of the child may file a motion with the

court requesting that the child be released from shelter care.  The motion shall state the reasons why the child should be released from shelter

care and, if a hearing has been held pursuant to division (A) of this section, any

changes in the situation of the child or the parents, guardian, or custodian of the

child that have occurred since that hearing and that justify the release of the child

from shelter care.  Upon the filing of the motion, the court shall hold a hearing in the same manner

as under division (A) of this section. (D) Each juvenile court shall designate at least one court employee to assist persons

who are indigent in obtaining appointed counsel.  The court shall include in each notice given pursuant to division (A) or (C) of

this section and in each summons served upon a party pursuant to this chapter, the

name and telephone number at which each designated employee can be contacted during

the normal business hours of the court to arrange for prompt appointment of counsel

for indigent persons.