Ohio § 2152.58

§ 2152.58.

(A) Not less than fifteen nor more than thirty business days after receiving an evaluation

under division (A) of section 2152.57 of the Revised Code or not less than fifteen nor more than thirty business days after receiving an additional

evaluation under division (E) of that section, the court shall hold a hearing to determine

the child's competency to participate in the proceeding. (B) At a hearing held under this section, a competency assessment report may be admitted

into evidence by stipulation.  If the court contacts the evaluator to obtain clarification of the report contents,

the court shall promptly inform all parties and allow each party to participate in

each contact. (C) In determining the competency of the child to participate in the proceeding, the

court shall consider the content of all competency assessment reports admitted as

evidence.  The court may consider additional evidence, including the court's own observations

of the child's conduct and demeanor in the courtroom. (D)(1) Except as otherwise provided in this division, the court shall make a written determination

as to the child's competency or incompetency based on a preponderance of the evidence

within fifteen business days after completion of the hearing.  The court, by journal entry, may extend the period for making the determination

for not more than fifteen additional days.  If the court extends the period for making the determination, it shall make the

written determination within the period as extended. (2) The court shall not find a child incompetent to proceed solely because the child

is receiving or has received treatment as a voluntary or involuntary mentally ill

patient under Chapter 5122. of the Revised Code, is or has been institutionalized

under Chapter 5123. of the Revised Code, or is receiving or has received psychotropic

or other medication, even if the child might become incompetent to proceed without

that medication.