2006 Ohio Revised Code - 2152.26. Place of detention.

§ 2152.26. Place of detention.
 

(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 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. Division (B) of this section does not apply to a child alleged to be or adjudicated a delinquent child for chronic truancy, unless the child violated a lawful court order made pursuant to division (A)(6) of section 2152.19 of the Revised Code. Division (B) of this section also does not apply to a child alleged to be or adjudicated a delinquent child for being an habitual truant who previously has been adjudicated an unruly child for being an habitual truant, unless the child violated a lawful court order made pursuant to division (C)(1)(e) of section 2151.354 [2151.35.4] of the Revised Code. 

(C) (1)  Except as provided under division (C)(1) of section 2151.311 [2151.31.1] 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 2151.61, 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 [2151.31.1], in division (C)(2) of section 5139.06 and section 5120.162 [5120.16.2], or in division (B) of section 5120.16 of the Revised Code, a child who is alleged to be or is adjudicated a delinquent child 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 [2151.31.1], division (C)(2) of section 5139.06 and section 5120.162 [5120.16.2], or division (B) 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 child, who is or appears to be under the age of eighteen years, is received at the facility, and shall deliver the child to the court upon request or transfer the child 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, the child may be transferred for detention pending the criminal prosecution in a jail or other facility in accordance with the law governing the detention of persons charged with crime. Any child so held shall be confined in a manner that keeps the child beyond the range of touch 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 and the court makes a disposition of the person under this chapter, at any time after the person attains eighteen years of age, the person may be held under that disposition 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 eighteen 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 eighteen years of age, but the person attains eighteen 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. 
 

HISTORY: RC § 2151.31.2, 133 v H 320 (Eff 11-19-69); 136 v H 85 (Eff 11-28-75); 139 v H 440 (Eff 11-23-81); 143 v H 166 (Eff 2-14-90); 144 v S 331 (Eff 11-13-92); 145 v H 152 (Eff 7-1-93); 145 v H 571 (Eff 10-6-94); 146 v H 265 (Eff 3-3-97); 146 v H 124 (Eff 3-31-97); 147 v H 1 (Eff 7-1-98); 148 v S 181 (Eff 9-4-2000); 148 v H 448 (Eff 10-5-2000); 148 v H 332 (Eff 1-1-2001); RC § 2152.26, 148 v S 179, § 3 (Eff 1-1-2002); 149 v H 400. Eff 4-3-2003.