Eliminate informal hearings in certain juvenile delinquency cases

As Introduced

136th
General Assembly

Regular
Session
H. B. No. 728

2025-2026

Representatives Odioso, Plummer

To
amend sections 2151.35

and

2152.11 of the Revised Code
to
eliminate informal hearings and dismissals in the best interest of
the child in certain juvenile delinquency cases.

BE
IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section
1.
That
sections 2151.35

and

2152.11 of the Revised Code be amended to read as follows:

Sec.
2151.35.
(A)(1)
Except as otherwise provided by division (A)(3)

or (4)

of this section or in section 2152.13 of the Revised Code, the
juvenile court may conduct its hearings in an informal manner and may
adjourn its hearings from time to time. The court may exclude the
general public from its hearings in a particular case if the court
holds a separate hearing to determine whether that exclusion is
appropriate. If the court decides that exclusion of the general
public is appropriate, the court still may admit to a particular
hearing or all of the hearings relating to a particular case those
persons who have a direct interest in the case and those who
demonstrate that their need for access outweighs the interest in
keeping the hearing closed.

Except
cases involving children who are alleged to be unruly children for
being habitual truants or alleged to be delinquent children for
violating court orders regarding their prior adjudication as unruly
children for being habitual truants, and except as otherwise provided
in section 2152.13 of the Revised Code, all cases involving children
shall be heard separately and apart from the trial of cases against
adults. The court may excuse the attendance of the child at the
hearing in cases involving abused, neglected, or dependent children.
The court shall hear and determine all cases of children without a
jury, except cases involving serious youthful offenders under section
2152.13 of the Revised Code.

If
a complaint alleges a child to be a delinquent child, unruly child,
or juvenile traffic offender, the court shall require the parent,
guardian, or custodian of the child to attend all proceedings of the
court regarding the child. If a parent, guardian, or custodian fails
to so attend, the court may find the parent, guardian, or custodian
in contempt.

If
the court finds from clear and convincing evidence that the child
violated section 2151.87 of the Revised Code, the court shall proceed
in accordance with divisions (F) and (G) of that section.

If
the court at the adjudicatory hearing finds from clear and convincing
evidence that the child is an abused, neglected, or dependent child,
the court shall proceed, in accordance with division (B) of this
section, to hold a dispositional hearing and hear the evidence as to
the proper disposition to be made under section 2151.353 of the
Revised Code. If the court at the adjudicatory hearing finds beyond a
reasonable doubt that the child is a delinquent or unruly child or a
juvenile traffic offender, the court shall proceed immediately, or at
a postponed hearing, to hear the evidence as to the proper
disposition to be made under section 2151.354 or Chapter 2152. of the
Revised Code. If the court at the adjudicatory hearing finds beyond a
reasonable doubt that the child is an unruly child for being an
habitual truant, or that the child is an unruly child for being an
habitual truant and 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, the court
shall proceed to hold a hearing to hear the evidence as to the proper
disposition to be made in regard to the child under division (C)(1)
of section 2151.354 of the Revised Code and the proper action to take
in regard to the parent, guardian, or other person having care of the
child under division (C)(2) of section 2151.354 of the Revised Code.
If the court at the adjudicatory hearing finds beyond a reasonable
doubt that the child is a delinquent child for violating a court
order regarding the child's prior adjudication as an unruly child for
being an habitual truant, and 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, the
court shall proceed to hold a hearing to hear the evidence as to the
proper disposition to be made in regard to the child under division
(A)(7)(a) of section 2152.19 of the Revised Code and the proper
action to take in regard to the parent, guardian, or other person
having care of the child under division (A)(7)(b) of section 2152.19
of the Revised Code.

If
the court does not find the child to have violated section 2151.87 of
the Revised Code or to be an abused, neglected, dependent,
delinquent, or unruly child or a juvenile traffic offender, it shall
order that the case be dismissed and that the child be discharged
from any detention or restriction theretofore ordered.

(2)
A record of all testimony and other oral proceedings in juvenile
court shall be made in all proceedings that are held pursuant to
section 2151.414 of the Revised Code or in which an order of
disposition may be made pursuant to division (A)(4) of section
2151.353 of the Revised Code, and shall be made upon request in any
other proceedings. The record shall be made as provided in section
2301.20 of the Revised Code.

(3)
The authority of a juvenile court to exclude the general public from
its hearings that is provided by division (A)(1) of this section does
not limit or affect any right of a victim of a crime or delinquent
act, or of a victim's representative, under Chapter 2930. of the
Revised Code.

(4)
The authority of a juvenile court to conduct its hearings in an
informal manner does not apply to an offense that would be a felony,
including any specifications, or an offense of violence if committed
by an adult.

(B)(1)
If the court at an adjudicatory hearing determines that a child is an
abused, neglected, or dependent child, the court shall not issue a
dispositional order until after the court holds a separate
dispositional hearing. The court may hold the dispositional hearing
for an adjudicated abused, neglected, or dependent child immediately
after the adjudicatory hearing if all parties were served prior to
the adjudicatory hearing with all documents required for the
dispositional hearing. The dispositional hearing may not be held more
than thirty days after the adjudicatory hearing is held. The
dispositional hearing shall not be held more than ninety days after
the date on which the complaint in the case was filed except that,
for good cause shown, the court, on its own motion or on the motion
of any party or the child's guardian ad litem, may continue the
dispositional hearing for a reasonable period of time beyond the
ninety-day deadline. This extension beyond the ninety-day deadline
shall not exceed forty-five days and shall not be available for any
case in which the complaint was dismissed and subsequently refiled.

If
the dispositional hearing is not held within the period of time
required by this division, the court, on its own motion or the motion
of any party or the guardian ad litem of the child, shall dismiss the
complaint without prejudice.

(2)
The dispositional hearing shall be conducted in accordance with all
of the following:

(a)
The judge or referee who presided at the adjudicatory hearing shall
preside, if possible, at the dispositional hearing;

(b)
The court may admit any evidence that is material and relevant,
including, but not limited to, hearsay, opinion, and documentary
evidence;

(c)
Medical examiners and each investigator who prepared a social history
shall not be cross-examined, except upon consent of the parties, for
good cause shown, or as the court in its discretion may direct. Any
party may offer evidence supplementing, explaining, or disputing any
information contained in the social history or other reports that may
be used by the court in determining disposition.

(3)
After the conclusion of the dispositional hearing, the court shall
enter an appropriate judgment within seven days and shall schedule
the date for the hearing to be held pursuant to section 2151.415 of
the Revised Code. The court may make any order of disposition that is
set forth in section 2151.353 of the Revised Code. A copy of the
judgment shall be given to each party and to the child's guardian ad
litem. If the judgment is conditional, the order shall state the
conditions of the judgment. If the child is not returned to the
child's own home, the court shall determine which school district
shall bear the cost of the child's education and shall comply with
section 2151.36 of the Revised Code.

(4)
As part of its dispositional order, the court may issue any order
described in division (B) of section 2151.33 of the Revised Code.

(C)
The court shall give all parties to the action and the child's
guardian ad litem notice of the adjudicatory and dispositional
hearings in accordance with the Juvenile Rules.

(D)
If the court issues an order pursuant to division (A)(4) of section
2151.353 of the Revised Code committing a child to the permanent
custody of a public children services agency or a private child
placing agency, the parents of the child whose parental rights were
terminated cease to be parties to the action upon the issuance of the
order. This division is not intended to eliminate or restrict any
right of the parents to appeal the permanent custody order issued
pursuant to division (A)(4) of section 2151.353 of the Revised Code.

(E)
Each juvenile court shall schedule its hearings in accordance with
the time requirements of this chapter.

(F)
In cases regarding abused, neglected, or dependent children, the
court may admit any statement of a child that the court determines to
be excluded by the hearsay rule if the proponent of the statement
informs the adverse party of the proponent's intention to offer the
statement and of the particulars of the statement, including the name
of the declarant, sufficiently in advance of the hearing to provide
the party with a fair opportunity to prepare to challenge, respond
to, or defend against the statement, and the court determines all of
the following:

(1)
The statement has circumstantial guarantees of trustworthiness;

(2)
The statement is offered as evidence of a material fact;

(3)
The statement is more probative on the point for which it is offered
than any other evidence that the proponent can procure through
reasonable efforts;

(4)
The general purposes of the evidence rules and the interests of
justice will best be served by the admission of the statement into
evidence.

(G)
If a child is alleged to be an abused child, the court may order that
the testimony of the child be taken by deposition. On motion of the
prosecuting attorney, guardian ad litem, or any party, or in its own
discretion, the court may order that the deposition be videotaped.
Any deposition taken under this division shall be taken with a judge
or referee present.

If
a deposition taken under this division is intended to be offered as
evidence at the hearing, it shall be filed with the court. Part or
all of the deposition is admissible in evidence if counsel for all
parties had an opportunity and similar motive at the time of the
taking of the deposition to develop the testimony by direct, cross,
or redirect examination and the judge determines that there is
reasonable cause to believe that if the child were to testify in
person at the hearing, the child would experience emotional trauma as
a result of participating at the hearing.

Sec.
2152.11.
(A)
A child who is adjudicated a delinquent child for committing an act
that would be a felony if committed by an adult is eligible for a
particular type of disposition under this section if the child's case
was not transferred under section 2152.12 of the Revised Code.

If a child is adjudicated a delinquent child for committing an act
that would be a felony or an offense of violence if committed by an
adult, the juvenile court shall not dismiss the case or any
specifications without disposition, even if the court determines that
dismissal would be in the best interest of the child.

If the complaint, indictment, or information charging the act
includes one or more of the following factors, the act is considered
to be enhanced, and the child is eligible for a more restrictive
disposition under this section;

(1)
The act charged against the child would be an offense of violence if
committed by an adult.

(2)
During the commission of the act charged, the child used a firearm,
displayed a firearm, brandished a firearm, or indicated that the
child possessed a firearm and actually possessed a firearm.

(3)
The child previously was admitted to a department of youth services
facility for the commission of an act that would have been aggravated
murder, murder, a felony of the first or second degree if committed
by an adult, or an act that would have been a felony of the third
degree and an offense of violence if committed by an adult.

(B)
If a child is adjudicated a delinquent child for committing an act
that would be aggravated murder or murder if committed by an adult,
the child is eligible for whichever of the following is appropriate:

(1)
Mandatory SYO, if the act allegedly was committed when the child was
fourteen or fifteen years of age;

(2)
Discretionary SYO, if the act was committed when the child was ten,
eleven, twelve, or thirteen years of age;

(3)
Traditional juvenile, if divisions (B)(1) and (2) of this section do
not apply.

(C)
If a child is adjudicated a delinquent child for committing an act
that would be attempted aggravated murder or attempted murder if
committed by an adult, the child is eligible for whichever of the
following is appropriate:

(1)
Mandatory SYO, if the act allegedly was committed when the child was
fourteen or fifteen years of age;

(2)
Discretionary SYO, if the act was committed when the child was ten,
eleven, twelve, or thirteen years of age;

(3)
Traditional juvenile, if divisions (C)(1) and (2) of this section do
not apply.

(D)
If a child is adjudicated a delinquent child for committing an act
that would be a felony of the first degree if committed by an adult,
the child is eligible for whichever of the following is appropriate:

(1)
Mandatory SYO, if the act allegedly was committed when the child was
sixteen or seventeen years of age, and the act is enhanced by the
factors described in division (A)(1) and either division (A)(2) or
(3) of this section;

(2)
Discretionary SYO, if any of the following applies:

(a)
The act was committed when the child was sixteen or seventeen years
of age, and division (D)(1) of this section does not apply.

(b)
The act was committed when the child was fourteen or fifteen years of
age.

(c)
The act was committed when the child was twelve or thirteen years of
age, and the act is enhanced by any factor described in division
(A)(1), (2), or (3) of this section.

(d)
The act was committed when the child was ten or eleven years of age,
and the act is enhanced by the factors described in division (A)(1)
and either division (A)(2) or (3) of this section.

(3)
Traditional juvenile, if divisions (D)(1) and (2) of this section do
not apply.

(E)
If a child is adjudicated a delinquent child for committing an act
that would be a felony of the second degree if committed by an adult,
the child is eligible for whichever of the following is appropriate:

(1)
Discretionary SYO, if the act was committed when the child was
fourteen, fifteen, sixteen, or seventeen years of age;

(2)
Discretionary SYO, if the act was committed when the child was twelve
or thirteen years of age, and the act is enhanced by any factor
described in division (A)(1), (2), or (3) of this section;

(3)
Traditional juvenile, if divisions (E)(1) and (2) of this section do
not apply.

(F)
If a child is adjudicated a delinquent child for committing an act
that would be a felony of the third degree if committed by an adult,
the child is eligible for whichever of the following is appropriate:

(1)
Discretionary SYO, if the act was committed when the child was
sixteen or seventeen years of age;

(2)
Discretionary SYO, if the act was committed when the child was
fourteen or fifteen years of age, and the act is enhanced by any
factor described in division (A)(1), (2), or (3) of this section;

(3)
Traditional juvenile, if divisions (F)(1) and (2) of this section do
not apply.

(G)
If a child is adjudicated a delinquent child for committing an act
that would be a felony of the fourth or fifth degree if committed by
an adult, the child is eligible for whichever of the following
dispositions is appropriate:

(1)
Discretionary SYO, if the act was committed when the child was
sixteen or seventeen years of age, and the act is enhanced by any
factor described in division (A)(1), (2), or (3) of this section;

(2)
Traditional juvenile, if division (G)(1) of this section does not
apply.

(H)
The following table describes the dispositions that a juvenile court
may impose on a delinquent child:

1

2

3

4

5

A

OFFENSE
CATEGORY

AGE

AGE

AGE

AGE

B

(Enhancement
factors)

16
& 17

14
& 15

12
& 13

10
& 11

C

Murder/aggravated
murder

N/A

MSYO,
TJ

DSYO,
TJ

DSYO,
TJ

D

Attempted
murder/attempted aggravated murder

N/A

MSYO,
TJ

DSYO,
TJ

DSYO,
TJ

E

F1
(Enhanced by offense of violence factor and either disposition
firearm factor or previous DYS admission factor)

MSYO,
TJ

DSYO,
TJ

DSYO,
TJ

DSYO,
TJ

F

F1
(Enhanced by any single or other combination of enhancement
factors)

DSYO,
TJ

DSYO,
TJ

DSYO,
TJ

TJ

G

F1
(Not enhanced)

DSYO,
TJ

DSYO,
TJ

TJ

TJ

H

F2
(Enhanced by any enhancement factor)

DSYO,
TJ

DSYO,
TJ

DSYO,
TJ

TJ

I

F2
(Not enhanced)

DSYO,
TJ

DSYO,
TJ

TJ

TJ

J

F3
(Enhanced by any enhancement factor)

DSYO,
TJ

DSYO,
TJ

TJ

TJ

K

F3
(Not enhanced)

DSYO,
TJ

TJ

TJ

TJ

L

F4
(Enhanced by any enhancement factor)

DSYO,
TJ

TJ

TJ

TJ

M

F4
(Not enhanced)

TJ

TJ

TJ

TJ

N

F5
(Enhanced by any enhancement factor)

DSYO,
TJ

TJ

TJ

TJ

O

F5
(Not enhanced)

TJ

TJ

TJ

TJ

(I)
The table in division (H) of this section is for illustrative
purposes only. If the table conflicts with any provision of divisions
(A) to (G) of this section, divisions (A) to (G) of this section
shall control.

(J)
Key for table in division (H) of this section:

(1)
"Any enhancement factor" applies when the criteria
described in division (A)(1), (2), or (3) of this section apply.

(2)
The "disposition firearm factor" applies when the criteria
described in division (A)(2) of this section apply.

(3)
"DSYO" refers to discretionary serious youthful offender
disposition.

(4)
"F1" refers to an act that would be a felony of the first
degree if committed by an adult.

(5)
"F2" refers to an act that would be a felony of the second
degree if committed by an adult.

(6)
"F3" refers to an act that would be a felony of the third
degree if committed by an adult.

(7)
"F4" refers to an act that would be a felony of the fourth
degree if committed by an adult.

(8)
"F5" refers to an act that would be a felony of the fifth
degree if committed by an adult.

(9)
"MSYO" refers to mandatory serious youthful offender
disposition.

(10)
The "offense of violence factor" applies when the criteria
described in division (A)(1) of this section apply.

(11)
The "previous DYS admission factor" applies when the
criteria described in division (A)(3) of this section apply.

(12)
"TJ" refers to traditional juvenile.

Section
2.
That
existing sections 2151.35

and

2152.11 of the Revised Code are hereby repealed.