Ohio § 2152.41

§ 2152.41.

(A) Upon the recommendation of the judge, the board of county commissioners shall provide,

by purchase, lease, construction, or otherwise, a detention facility that shall be

within a convenient distance of the juvenile court.  The facility shall not be used for the confinement of adults charged with criminal

offenses.  The facility may be used to detain alleged delinquent children until final disposition

for evaluation pursuant to section 2152.04 of the Revised Code , to confine children who are adjudicated delinquent children and placed in the facility

pursuant to division (A)(3) of section 2152.19 of the Revised Code , and to confine children who are adjudicated juvenile traffic offenders and committed

to the facility under division (A)(5) or (6) of section 2152.21 of the Revised Code. (B) Upon the joint recommendation of the juvenile judges of two or more neighboring counties,

the boards of county commissioners of the counties shall form themselves into a joint

board and proceed to organize a district for the establishment and support of a detention

facility for the use of the juvenile courts of those counties, in which alleged delinquent

children may be detained as provided in division (A) of this section, by using a site

or buildings already established in one of the counties or by providing for the purchase

of a site and the erection of the necessary buildings on the site. A child who is adjudicated to be a juvenile traffic offender for having committed

a violation of division (A) of section 4511.19 of the Revised Code or of a municipal ordinance that is substantially comparable to that division may

be confined in a detention facility or district detention facility pursuant to division (A)(5) of section 2152.21 of the Revised Code , provided the child is kept separate and apart from alleged delinquent children. Except as otherwise provided by law, district detention facilities shall be established,

operated, maintained, and managed in the same manner so far as applicable as county

detention facilities. Members of the board of county commissioners who meet by appointment to consider the

organization of a district detention home, upon presentation of properly certified

accounts, shall be paid their necessary expenses upon a warrant drawn by the county

auditor of their county. The county auditor of the county having the greatest population or, with the unanimous

concurrence of the county auditors of the counties composing a district, the auditor

of the county in which the detention facility is located shall be the fiscal officer

of a detention facility district.  The county auditors of the several counties composing a detention facility district

shall meet at the district detention facility, not less than once in six months, to

review accounts and to transact any other duties in connection with the institution

that pertain to the business of their office. (C) In any county in which there is no detention facility or that is not served by a

district detention facility, the juvenile court may enter into a contract, subject

to the approval of the board of county commissioners, with another juvenile court,

another county's detention facility, or a joint county detention facility.  Alternately, the board of county commissioners shall provide funds for the boarding

of children, who would be eligible for detention under division (A) of this section,

temporarily in private homes or in certified foster homes approved by the court for

a period not exceeding sixty days or until final disposition of their cases, whichever

comes first.  The court also may arrange with any public children services agency or private child

placing agency to receive, or private noncustodial agency for temporary care of, children

within the jurisdiction of the court. If the court arranges for the board of children temporarily detained in certified

foster homes or through any private child placing agency, the county shall pay a reasonable

sum to be fixed by the court for the board of those children.  In order to have certified foster homes available for service, an agreed monthly

subsidy may be paid and a fixed rate per day for care of children actually residing

in the certified foster home. (D) The board of county commissioners of any county within a detention facility district,

upon the recommendation of the juvenile court of that county, may withdraw from the

district and sell or lease its right, title, and interest in the site, buildings,

furniture, and equipment of the facility to any counties in the district, at any price

and upon any such terms that are agreed upon among the boards of county commissioners

of the counties concerned. Section 307.10 of the Revised Code does not apply to this division.  The net proceeds of any sale or lease under this division shall be paid into the

treasury of the withdrawing county. The members of the board of trustees of a district detention facility who are residents

of a county withdrawing from the district are deemed to have resigned their positions

upon the completion of the withdrawal procedure provided by this division.  The vacancies then created shall be filled as provided in this section. (E) The children to be admitted for care in a county or district detention facility established

under this section, the period during which they shall be cared for in the facility,

and the removal and transfer of children from the facility shall be determined by

the juvenile court that ordered the child's detention.