Ohio § 2152.18

§ 2152.18.

(A) When a juvenile court commits a delinquent child to the custody of the department

of youth services pursuant to this chapter, the court shall not designate the specific

institution in which the department is to place the child but instead shall specify

that the child is to be institutionalized in a secure facility. (B) When a juvenile court commits a delinquent child to the custody of the department

of youth services pursuant to this chapter, the court shall state in the order of

commitment the total number of days that the child has been confined in connection

with the delinquent child complaint upon which the order of commitment is based.  The court shall not include days that the child has been under electronic monitoring

or house arrest or days that the child has been confined in a halfway house.  The department shall reduce the minimum period of institutionalization that was

ordered by both the total number of days that the child has been so confined as stated

by the court in the order of commitment and the total number of any additional days

that the child has been confined subsequent to the order of commitment but prior to

the transfer of physical custody of the child to the department. (C)(1) When a juvenile court commits a delinquent child to the custody of the department

of youth services pursuant to this chapter, the court shall provide the department

with the child's medical records, a copy of the report of any mental examination of

the child ordered by the court, the Revised Code section or sections the child violated

and the degree of each violation, the warrant to convey the child to the department,

a copy of the court's journal entry ordering the commitment of the child to the legal

custody of the department, a copy of the arrest record pertaining to the act for which

the child was adjudicated a delinquent child, a copy of any victim impact statement

pertaining to the act, and any other information concerning the child that the department

reasonably requests.  The court also shall complete the form for the standard predisposition investigation

report that the department furnishes pursuant to section 5139.04 of the Revised Code and provide the department with the completed form. The department may refuse to accept physical custody of a delinquent child who is

committed to the legal custody of the department until the court provides to the department

the documents specified in this division.  No officer or employee of the department who refuses to accept physical custody

of a delinquent child who is committed to the legal custody of the department shall

be subject to prosecution or contempt of court for the refusal if the court fails

to provide the documents specified in this division at the time the court transfers

the physical custody of the child to the department. (2) Within twenty working days after the department of youth services receives physical

custody of a delinquent child from a juvenile court, the court shall provide the department

with a certified copy of the child's birth certificate and the child's social security

number or, if the court made all reasonable efforts to obtain the information but

was unsuccessful, with documentation of the efforts it made to obtain the information. (3) If an officer is preparing pursuant to section 2947.06 or 2951.03 of the Revised Code or Criminal Rule 32.2 a presentence investigation report pertaining to a person, the department shall make

available to the officer, for use in preparing the report, any records or reports

it possesses regarding that person that it received from a juvenile court pursuant

to division (C)(1) of this section or that pertain to the treatment of that person

after the person was committed to the custody of the department as a delinquent child. (D)(1) Within ten days after an adjudication that a child is a delinquent child, the court

shall give written notice of the adjudication to the superintendent of a city, local,

exempted village, or joint vocational school district, and to the principal of the

school the child attends, if the basis of the adjudication was the commission of an

act that would be a criminal offense if committed by an adult, if the act was committed

by the delinquent child when the child was fourteen years of age or older, and if

the act is any of the following: (a) An act that would be a felony or an offense of violence if committed by an adult,

an act in the commission of which the child used or brandished a firearm, or an act

that is a violation of section 2907.06 , 2907.07 , 2907.08 , 2907.09 , 2907.24 , or 2907.241 of the Revised Code and that would be a misdemeanor if committed by an adult; (b) A violation of section 2923.12 of the Revised Code or of a substantially similar municipal ordinance that would be a misdemeanor if

committed by an adult and that was committed on property owned or controlled by, or

at an activity held under the auspices of, the board of education of that school district; (c) A violation of division (A) of section 2925.03 or 2925.11 of the Revised Code that would be a misdemeanor if committed by an adult, that was committed on property

owned or controlled by, or at an activity held under the auspices of, the board of

education of that school district, and that is not a minor drug possession offense; (d) An act that would be a criminal offense if committed by an adult and that results

in serious physical harm to persons or serious physical harm to property while the

child is at school, on any other property owned or controlled by the board, or at

an interscholastic competition, an extracurricular event, or any other school program

or activity; (e) Complicity in any violation described in division (D)(1)(a), (b), (c), or (d) of

this section that was alleged to have been committed in the manner described in division

(D)(1)(a), (b), (c), or (d) of this section, regardless of whether the act of complicity

was committed on property owned or controlled by, or at an activity held under the

auspices of, the board of education of that school district. (2) The notice given pursuant to division (D)(1) of this section shall include the name

of the child who was adjudicated to be a delinquent child, the child's age at the

time the child committed the act that was the basis of the adjudication, and identification

of the violation of the law or ordinance that was the basis of the adjudication. (3) Within fourteen days after committing a delinquent child to the custody of the department

of youth services, the court shall give notice to the school attended by the child

of the child's commitment by sending to that school a copy of the court's journal

entry ordering the commitment.  As soon as possible after receipt of the notice described in this division, the

school shall provide the department with the child's school transcript.  However, the department shall not refuse to accept a child committed to it, and

a child committed to it shall not be held in a county or district detention facility,

because of a school's failure to provide the school transcript that it is required

to provide under this division. (4) Within fourteen days after discharging or releasing a child from an institution under

its control, the department of youth services shall provide the court and the superintendent

of the school district in which the child is entitled to attend school under section 3313.64 or 3313.65 of the Revised Code with the following: (a) An updated copy of the child's school transcript; (b) A report outlining the child's behavior in school while in the custody of the department; (c) The child's current individualized education program, as defined in section 3323.01 of the Revised Code , if such a program has been developed for the child; (d) A summary of the institutional record of the child's behavior. The department also shall provide the court with a copy of any portion of the child's

institutional record that the court specifically requests, within five working days

of the request. (E) At any hearing at which a child is adjudicated a delinquent child or as soon as possible

after the hearing, the court shall notify all victims of the delinquent act who may

be entitled to a recovery under any of the following sections of the right of the

victims to recover, pursuant to section 3109.09 of the Revised Code , compensatory damages from the child's parents;  of the right of the victims to recover,

pursuant to section 3109.10 of the Revised Code , compensatory damages from the child's parents for willful and malicious assaults

committed by the child;  and of the right of the victims to recover an award of reparations

pursuant to sections 2743.51 to 2743.72 of the Revised Code .