Ohio § 2152.19

§ 2152.19.

(A) If a child is adjudicated a delinquent child, the court may make any of the following

orders of disposition, in addition to any other disposition authorized or required

by this chapter: (1) Any order that is authorized by section 2151.353 of the Revised Code for the care and protection of an abused, neglected, or dependent child; (2) Commit the child to the temporary custody of any school, camp, institution, or other

facility operated for the care of delinquent children by the county, by a district

organized under section 2152.41 or 2151.65 of the Revised Code , or by a private agency or organization, within or without the state, that is authorized

and qualified to provide the care, treatment, or placement required, including, but

not limited to, a school, camp, or facility operated under section 2151.65 of the Revised Code ; (3) Place the child in a detention facility or district detention facility operated under section 2152.41 of the Revised Code , for up to ninety days; (4) Place the child on community control under any sanctions, services, and conditions

that the court prescribes.  As a condition of community control in every case and in addition to any other condition

that it imposes upon the child, the court shall require the child to abide by the

law during the period of community control.  As referred to in this division, community control includes, but is not limited

to, the following sanctions and conditions: (a) A period of basic probation supervision in which the child is required to maintain

contact with a person appointed to supervise the child in accordance with sanctions

imposed by the court; (b) A period of intensive probation supervision in which the child is required to maintain

frequent contact with a person appointed by the court to supervise the child while

the child is seeking or maintaining employment and participating in training, education,

and treatment programs as the order of disposition; (c) A period of day reporting in which the child is required each day to report to and

leave a center or another approved reporting location at specified times in order

to participate in work, education or training, treatment, and other approved programs

at the center or outside the center; (d) A period of community service of up to five hundred hours for an act that would be

a felony or a misdemeanor of the first degree if committed by an adult, up to two

hundred hours for an act that would be a misdemeanor of the second, third, or fourth

degree if committed by an adult, or up to thirty hours for an act that would be a

minor misdemeanor if committed by an adult; (e) A requirement that the child obtain a high school diploma, a certificate of high

school equivalence, vocational training, or employment; (f) A period of drug and alcohol use monitoring; (g) A requirement of alcohol or drug assessment or counseling, or a period in an alcohol

or drug treatment program with a level of security for the child as determined necessary

by the court; (h) A period in which the court orders the child to observe a curfew that may involve

daytime or evening hours; (i) A requirement that the child serve monitored time; (j) A period of house arrest without electronic monitoring or continuous alcohol monitoring; (k) A period of electronic monitoring or continuous alcohol monitoring without house

arrest, or house arrest with electronic monitoring or continuous alcohol monitoring

or both electronic monitoring and continuous alcohol monitoring, that does not exceed

the maximum sentence of imprisonment that could be imposed upon an adult who commits

the same act. A period of house arrest with electronic monitoring or continuous alcohol monitoring

or both electronic monitoring and continuous alcohol monitoring, imposed under this

division shall not extend beyond the child's twenty-first birthday.  If a court imposes a period of house arrest with electronic monitoring or continuous

alcohol monitoring or both electronic monitoring and continuous alcohol monitoring,

upon a child under this division, it shall require the child:  to remain in the child's

home or other specified premises for the entire period of house arrest with electronic

monitoring or continuous alcohol monitoring or both except when the court permits

the child to leave those premises to go to school or to other specified premises.  Regarding electronic monitoring, the court also shall require the child to be monitored

by a central system that can determine the child's location at designated times;  to

report periodically to a person designated by the court;  and to enter into a written

contract with the court agreeing to comply with all requirements imposed by the court,

agreeing to pay any fee imposed by the court for the costs of the house arrest with

electronic monitoring, and agreeing to waive the right to receive credit for any time

served on house arrest with electronic monitoring toward the period of any other dispositional

order imposed upon the child if the child violates any of the requirements of the

dispositional order of house arrest with electronic monitoring.  The court also may impose other reasonable requirements upon the child. Unless ordered by the court, a child shall not receive credit for any time served

on house arrest with electronic monitoring or continuous alcohol monitoring or both

toward any other dispositional order imposed upon the child for the act for which

was imposed the dispositional order of house arrest with electronic monitoring or

continuous alcohol monitoring.  As used in this division and division (A)(4)(l) of this section, “continuous alcohol

monitoring” has the same meaning as in section 2929.01 of the Revised Code . (l) A suspension of the driver's license, probationary driver's license, or temporary

instruction permit issued to the child for a period of time prescribed by the court,

or a suspension of the registration of all motor vehicles registered in the name of

the child for a period of time prescribed by the court.  A child whose license or permit is so suspended is ineligible for issuance of a

license or permit during the period of suspension.  At the end of the period of suspension, the child shall not be reissued a license

or permit until the child has paid any applicable reinstatement fee and complied with

all requirements governing license reinstatement. (5) Commit the child to the custody of the court; (6) Require the child to not be absent without legitimate excuse from the public school

the child is supposed to attend for thirty or more consecutive hours, forty-two or

more hours in one school month, or seventy-two or more hours in a school year; (7)(a) If a child is adjudicated a delinquent child for violating a court order regarding

the child's prior adjudication as an unruly child for being a habitual truant, do

either or both of the following: (i) Require the child to participate in a truancy prevention mediation program; (ii) Make any order of disposition as authorized by this section, except that the court

shall not commit the child to a facility described in division (A)(2) or (3) of this

section unless the court determines that the child violated a lawful court order made

pursuant to division (C)(1)(e) of section 2151.354 of the Revised Code or division (A)(6) of this section. (b) If a child is adjudicated a delinquent child for violating a court order regarding

the child's prior adjudication as an unruly child for being a habitual truant and

the court determines that the parent, guardian, or other person having care of the

child has failed to cause the child's attendance at school in violation of section 3321.38 of the Revised Code , do either or both of the following: (i) Require the parent, guardian, or other person having care of the child to participate

in a truancy prevention mediation program; (ii) Require the parent, guardian, or other person having care of the child to participate

in any community service program, preferably a community service program that requires

the involvement of the parent, guardian, or other person having care of the child

in the school attended by the child. (8) Make any further disposition that the court finds proper, except that the child shall

not be placed in a state correctional institution, a county, multicounty, or municipal

jail or workhouse, or another place in which an adult convicted of a crime, under

arrest, or charged with a crime is held. (B) If a child is adjudicated a delinquent child, in addition to any order of disposition

made under division (A) of this section, the court, in the following situations and

for the specified periods of time, shall suspend the child's temporary instruction

permit, restricted license, probationary driver's license, or nonresident operating

privilege, or suspend the child's ability to obtain such a permit: (1) If the child is adjudicated a delinquent child for violating section 2923.122 of the Revised Code , impose a class four suspension of the child's license, permit, or privilege from

the range specified in division (A)(4) of section 4510.02 of the Revised Code or deny the child the issuance of a license or permit in accordance with division (F)(1) of section 2923.122 of the Revised Code . (2) If the child is adjudicated a delinquent child for committing an act that if committed

by an adult would be a drug abuse offense or for violating division (B) of section 2917.11 of the Revised Code , suspend the child's license, permit, or privilege for a period of time prescribed

by the court.  The court, in its discretion, may terminate the suspension if the child attends

and satisfactorily completes a drug abuse or alcohol abuse education, intervention,

or treatment program specified by the court.  During the time the child is attending a program described in this division, the

court shall retain the child's temporary instruction permit, probationary driver's

license, or driver's license, and the court shall return the permit or license if

it terminates the suspension as described in this division. (C) The court may establish a victim-offender mediation program in which victims and

their offenders meet to discuss the offense and suggest possible restitution.  If the court obtains the assent of the victim of the delinquent act committed by

the child, the court may require the child to participate in the program. (D)(1) If a child is adjudicated a delinquent child for committing an act that would be

a felony if committed by an adult and if the child caused, attempted to cause, threatened

to cause, or created a risk of physical harm to the victim of the act, the court,

prior to issuing an order of disposition under this section, shall order the preparation

of a victim impact statement by the probation department of the county in which the

victim of the act resides, by the court's own probation department, or by a victim

assistance program that is operated by the state, a county, a municipal corporation,

or another governmental entity.  The court shall consider the victim impact statement in determining the order of

disposition to issue for the child. (2) Each victim impact statement shall identify the victim of the act for which the child

was adjudicated a delinquent child, itemize any economic loss suffered by the victim

as a result of the act, identify any physical injury suffered by the victim as a result

of the act and the seriousness and permanence of the injury, identify any change in

the victim's personal welfare or familial relationships as a result of the act and

any psychological impact experienced by the victim or the victim's family as a result

of the act, and contain any other information related to the impact of the act upon

the victim that the court requires. (3) A victim impact statement shall be kept confidential and is not a public record.  However, the court may furnish copies of the statement to the department of youth

services if the delinquent child is committed to the department or to both the adjudicated

delinquent child or the adjudicated delinquent child's counsel and the prosecuting

attorney.  The copy of a victim impact statement furnished by the court to the department pursuant

to this section shall be kept confidential and is not a public record.  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 court shall make available

to the officer, for use in preparing the report, a copy of any victim impact statement

regarding that person.  The copies of a victim impact statement that are made available to the adjudicated

delinquent child or the adjudicated delinquent child's counsel and the prosecuting

attorney pursuant to this division shall be returned to the court by the person to

whom they were made available immediately following the imposition of an order of

disposition for the child under this chapter. The copy of a victim impact statement that is made available pursuant to this division

to an officer preparing a criminal presentence investigation report shall be returned

to the court by the officer immediately following its use in preparing the report. (4) The department of youth services shall work with local probation departments and

victim assistance programs to develop a standard victim impact statement. (E)(1) If a child is adjudicated a delinquent child for violating a court order regarding

the child's prior adjudication as an unruly child for being a habitual truant and

the court determines that the parent, guardian, or other person having care of the

child has failed to cause the child's attendance at school in violation of section 3321.38 of the Revised Code , in addition to any order of disposition it makes under this section, the court shall

warn the parent, guardian, or other person having care of the child that any subsequent

adjudication with regard to truancy may result in a criminal charge against the parent,

guardian, or other person having care of the child for a violation of division (C) of section 2919.21 or section 2919.24 of the Revised Code . (2) Not later than ten days after a child is adjudicated a delinquent child for violating

a court order regarding the child's prior adjudication as an unruly child for being

an habitual truant, the court shall provide notice of that fact to the school district

in which the child is entitled to attend school and to the school in which the child

was enrolled at the time of the filing of the complaint. (F)(1) During the period of a delinquent child's community control granted under this section,

authorized probation officers who are engaged within the scope of their supervisory

duties or responsibilities may search, with or without a warrant, the person of the

delinquent child, the place of residence of the delinquent child, and a motor vehicle,

another item of tangible or intangible personal property, or other real property in

which the delinquent child has a right, title, or interest or for which the delinquent

child has the express or implied permission of a person with a right, title, or interest

to use, occupy, or possess if the probation officers have reasonable grounds to believe

that the delinquent child is not abiding by the law or otherwise is not complying

with the conditions of the delinquent child's community control.  The court that places a delinquent child on community control under this section

shall provide the delinquent child with a written notice that informs the delinquent

child that authorized probation officers who are engaged within the scope of their

supervisory duties or responsibilities may conduct those types of searches during

the period of community control if they have reasonable grounds to believe that the

delinquent child is not abiding by the law or otherwise is not complying with the

conditions of the delinquent child's community control.  The court also shall provide the written notice described in division (E)(2) of

this section to each parent, guardian, or custodian of the delinquent child who is

described in that division. (2) The court that places a child on community control under this section shall provide

the child's parent, guardian, or other custodian with a written notice that informs

them that authorized probation officers may conduct searches pursuant to division

(E)(1) of this section.  The notice shall specifically state that a permissible search might extend to a

motor vehicle, another item of tangible or intangible personal property, or a place

of residence or other real property in which a notified parent, guardian, or custodian

has a right, title, or interest and that the parent, guardian, or custodian expressly

or impliedly permits the child to use, occupy, or possess. (G) If a juvenile court commits a delinquent child to the custody of any person, organization,

or entity pursuant to this section and if the delinquent act for which the child is

so committed is a sexually oriented offense or is a child-victim oriented offense,

the court in the order of disposition shall do one of the following: (1) Require that the child be provided treatment as described in division (A)(2) of section 5139.13 of the Revised Code ; (2) Inform the person, organization, or entity that it is the preferred course of action

in this state that the child be provided treatment as described in division (A)(2) of section 5139.13 of the Revised Code and encourage the person, organization, or entity to provide that treatment.