Ohio § 2152.26

§ 2152.26.

(A) Except as provided in divisions (B) and (F) of this section, a child alleged to be

or adjudicated a delinquent child or a juvenile traffic offender may be held only

in the following places: (1) A certified foster home or a home approved by the court; (2) A facility operated by a certified child welfare agency; (3) Any other suitable place designated by the court. (B) In addition to the places listed in division (A) of this section, a child alleged

to be or adjudicated a delinquent child or a person described in division (C)(7) of section 2152.02 of the Revised Code may be held in a detention facility for delinquent children that is under the direction

or supervision of the court or other public authority or of a private agency and approved

by the court, and a child adjudicated a delinquent child may be held in accordance

with division (F)(2) of this section in a facility of a type specified in that division. (C)(1) Except as provided under division (C)(1) of section 2151.311 of the Revised Code or division (A)(5) of section 2152.21 of the Revised Code , a child alleged to be or adjudicated a juvenile traffic offender may not be held

in any of the following facilities: (a) A state correctional institution, county, multicounty, or municipal jail or workhouse,

or other place in which an adult convicted of crime, under arrest, or charged with

a crime is held. (b) A secure correctional facility. (2) Except as provided under this section, sections 2151.56 to 2151.59, and divisions (A)(5) and (6) of section 2152.21 of the Revised Code , a child alleged to be or adjudicated a juvenile traffic offender may not be held

for more than twenty-four hours in a detention facility. (D) Except as provided in division (F) of this section or in division (C) of section 2151.311 , in division (C)(2) of section 5139.06 and section 5120.162, or in division (C) of section 5120.16 of the Revised Code , a child who is alleged to be or is adjudicated a delinquent child or a person described

in division (C)(7) of section 2152.02 of the Revised Code may not be held in a state correctional institution, county, multicounty, or municipal

jail or workhouse, or other place where an adult convicted of crime, under arrest,

or charged with crime is held. (E) Unless the detention is pursuant to division (F) of this section or division (C) of section 2151.311 , division (C)(2) of section 5139.06 and section 5120.162 , or division (C) of section 5120.16 of the Revised Code , the official in charge of the institution, jail, workhouse, or other facility shall

inform the court immediately when a person who is or appears to be under the age of

eighteen years, or a person who is charged with a violation of an order of a juvenile

court or a violation of probation or parole conditions imposed by a juvenile court

and who is or appears to be between the ages of eighteen and twenty-one years, is

received at the facility and shall deliver the person to the court upon request or

transfer the person to a detention facility designated by the court. (F)(1) If a case is transferred to another court for criminal prosecution pursuant to section 2152.12 of the Revised Code and the alleged offender is a person described in division (C)(7) of section 2152.02 of the Revised Code , the person may not be transferred for detention pending the criminal prosecution

in a jail or other facility except under the circumstances described in division (F)(4)

of this section.  Any child held in accordance with division (F)(3) of this section shall be confined

in a manner that keeps the child beyond the sight and sound of all adult detainees.  The child shall be supervised at all times during the detention. (2) If a person is adjudicated a delinquent child or juvenile traffic offender or is

a person described in division (C)(7) of section 2152.02 of the Revised Code and the court makes a disposition of the person under this chapter, at any time after

the person attains twenty-one years of age, the person may be held under that disposition

or under the circumstances described in division (F)(4) of this section in places

other than those specified in division (A) of this section, including, but not limited

to, a county, multicounty, or municipal jail or workhouse, or other place where an

adult convicted of crime, under arrest, or charged with crime is held. (3)(a) A person alleged to be a delinquent child may be held in places other than those

specified in division (A) of this section, including, but not limited to, a county,

multicounty, or municipal jail, if the delinquent act that the child allegedly committed

would be a felony if committed by an adult, and if either of the following applies: (i) The person attains twenty-one years of age before the person is arrested or apprehended

for that act. (ii) The person is arrested or apprehended for that act before the person attains twenty-one

years of age, but the person attains twenty-one years of age before the court orders

a disposition in the case. (b) If, pursuant to division (F)(3)(a) of this section, a person is held in a place other

than a place specified in division (A) of this section, the person has the same rights

to bail as an adult charged with the same offense who is confined in a jail pending

trial. (4)(a) Any person whose case is transferred for criminal prosecution pursuant to section 2152.10 or 2152.12 of the Revised Code or any person who has attained the age of eighteen years but has not attained the

age of twenty-one years and who is being held in a place specified in division (B)

of this section may be held under that disposition or charge in places other than

those specified in division (B) of this section, including a county, multicounty,

or municipal jail or workhouse, or other place where an adult under arrest or charged

with crime is held if the juvenile court, upon its own motion or upon motion by the

prosecutor and after notice and hearing, establishes by a preponderance of the evidence

and makes written findings of either of the following: (i) With respect to a person whose case is transferred for criminal prosecution pursuant

to either specified section or who has attained the age of eighteen years but who

has not attained the age of twenty-one years and is being so held, that the youth

is a threat to the safety and security of the facility; (ii) With respect to a person who has attained the age of eighteen years but who has not

attained the age of twenty-one years and is being so held, that the best interests

of the youth require that the youth be held in a place other than a place specified

in division (B) of this section, including a county, multicounty, or municipal jail

or workhouse, or other place where an adult under arrest or charged with crime is

held. (b) In determining for purposes of division (F)(4)(a)(i) of this section whether a youth

is a threat to the safety and security of the facility, evidence that the youth is

a threat to the safety and security of the facility may include, but is not limited

to, whether the youth has done any of the following: (i) Injured or created an imminent danger to the life or health of another youth or staff

member in the facility or program by violent behavior; (ii) Escaped from the facility or program in which the youth is being held on more than

one occasion; (iii) Established a pattern of disruptive behavior as verified by a written record that

the youth's behavior is not conducive to the established policies and procedures of

the facility or program in which the youth is being held. (c) If a prosecutor submits a motion requesting that a person be held in a place other

than those specified in division (B) of this section or if the court submits its own

motion, the juvenile court shall hold a hearing within five days of the filing of

the motion, and, in determining whether a place other than those specified in division

(B) of this section is the appropriate place of confinement for the person, the court

shall consider the following factors: (i) The age of the person; (ii) Whether the person would be deprived of contact with other people for a significant

portion of the day or would not have access to recreational facilities or age-appropriate

educational opportunities in order to provide physical separation from adults; (iii) The person's current emotional state, intelligence, and developmental maturity, including

any emotional and psychological trauma, and the risk to the person in an adult facility,

which may be evidenced by mental health or psychological assessments or screenings

made available to the prosecuting attorney and the defense counsel; (iv) Whether detention in a juvenile facility would adequately serve the need for community

protection pending the outcome of the criminal proceeding; (v) The relative ability of the available adult and juvenile detention facilities to

meet the needs of the person, including the person's need for age-appropriate mental

health and educational services delivered by individuals specifically trained to deal

with youth; (vi) Whether the person presents an imminent risk of self-inflicted harm or an imminent

risk of harm to others within a juvenile facility; (vii) Any other factors the juvenile court considers to be relevant. (d) If the juvenile court determines that a place other than those specified in division

(B) of this section is the appropriate place for confinement of a person pursuant

to division (F)(4)(a) of this section, the person may petition the juvenile court

for a review hearing thirty days after the initial confinement decision, thirty days

after any subsequent review hearing, or at any time after the initial confinement

decision upon an emergency petition by the youth due to the youth facing an imminent

danger from others or the youth's self.  Upon receipt of the petition, the juvenile court has discretion over whether to

conduct the review hearing and may set the matter for a review hearing if the youth

has alleged facts or circumstances that, if true, would warrant reconsideration of

the youth's placement in a place other than those specified in division (B) of this

section based on the factors listed in division (F)(4)(c) of this section. (e) Upon the admission of a person described in division (F)(4)(a) of this section to

a place other than those specified in division (B) of this section, the facility shall

advise the person of the person's right to request a review hearing as described in

division (F)(4)(d) of this section. (f) Any person transferred under division (F)(4)(a) of this section to a place other

than those specified in division (B) of this section shall be confined in a manner

that keeps those under eighteen years of age beyond sight and sound of all adult detainees.  Those under eighteen years of age shall be supervised at all times during the detention. (G)(1) If a person who is alleged to be or has been adjudicated a delinquent child or who

is in any other category of persons identified in this section or section 2151.311 of the Revised Code is confined under authority of any Revised Code section in a place other than a place

specified in division (B) of this section, including a county, multicounty, or municipal

jail or workhouse, or other place where an adult under arrest or charged with crime

is held, subject to division (G)(2) of this section, all identifying information,

other than the person's county of residence, age, gender, and race and the charges

against the person, that relates to the person's admission to and confinement in that

place is not a public record open for inspection or copying under section 149.43 of the Revised Code and is confidential and shall not be released to any person other than to a court,

to a law enforcement agency for law enforcement purposes, or to a person specified

by court order. (2) Division (G)(1) of this section does not apply with respect to a person whose case

is transferred for criminal prosecution pursuant to section 2152.10 or 2152.12 of the Revised Code , who is convicted of or pleads guilty to an offense in that case, who is confined

after that conviction or guilty plea in a place other than a place specified in division

(B) of this section, and to whom one of the following applies: (a) The case was transferred other than pursuant to division (A)(1)(a)(i) or (A)(1)(b)(ii) of section 2152.12 of the Revised Code . (b) The case was transferred pursuant to division (A)(1)(a)(i) or (A)(1)(b)(ii) of section 2152.12 of the Revised Code , and the person is sentenced for the offense pursuant to division (B)(4) of section 2152.121 of the Revised Code . (c) The case was transferred pursuant to division (A)(1)(a)(i) or (A)(1)(b)(ii) of section 2152.12 of the Revised Code , the person is sentenced for the offense pursuant to division (B)(3) of section 2152.121 of the Revised Code by the court in which the person was convicted of or pleaded guilty to the offense,

and the sentence imposed by that court is invoked pursuant to division (B)(3)(b) of section 2152.121 of the Revised Code .