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Ohio Revised Code

Ohio Rev. Code § 2151.26 (2026)

Complaint regarding drug use by expectant mother

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Effective:
April 6, 2017
Latest Legislation:
Senate Bill 319 - 131st General Assembly
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(A) As used in this section:

(1) "Addiction services" and "alcohol and drug addiction services" have the same meanings as in section 5119.01 of the Revised Code.

(2) "Controlled substance" has the same meaning as in section 3719.01 of the Revised Code.

(3) "Newborn" means a child who is less than thirty days old.

(B) A public children services agency shall not file a complaint pursuant to section 2151.27 of the Revised Code regarding a newborn solely because the newborn's mother used a controlled substance while pregnant if the mother did all of the following:

(1) Before the end of the twentieth week of pregnancy, enrolled in a drug treatment program provided by a provider of addiction services or alcohol and drug addiction services;

(2) Successfully completed the program or is in the process of completing the program and is in compliance with the program's terms and conditions as determined by the program;

(3) Maintained her regularly scheduled appointments and prenatal care recommended by her health care provider for the remaining duration of her pregnancy.

(C) If a pregnant woman enrolled in a drug treatment program after the end of the twentieth week of pregnancy, the court, in its discretion, may do either of the following in lieu of considering a complaint filed pursuant to section 2151.27 of the Revised Code based solely on the newborn's mother's use of a controlled substance while pregnant:

(1) Hold the complaint in abeyance if the court finds that the woman is in the process of completing the program and maintained her regularly scheduled appointments and prenatal care recommended by her health care provider for the remaining duration of her pregnancy;

(2) Dismiss the complaint if the court finds that the woman successfully completed the program and maintained her regularly scheduled appointments and prenatal care recommended by her health care provider for the remaining duration of her pregnancy.

(D) This section does not prevent a public children services agency from filing a complaint pursuant to section 2151.27 of the Revised Code if the public children services agency determines that the newborn's mother, or any other adult caring for the newborn, is unable to provide adequate parental care.
Notes of Decisions
Cited in 152 cases (18 in the last 5 years), 1955–2025 · leading case: Agee v. Russell, 751 N.E.2d 1043 (Ohio 2001).
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Agee v. Russell, 751 N.E.2d 1043 (Ohio 2001). · cites it 31× “03, does not apply to the juvenile bindover criteria set forth in R.C. 2151.26.” Shortly following our decision in Hanning , Agee filed a petition in the Court of Appeals for Warren County for a writ of habeas corpus to compel appellee, his prison warden, to release him from…”
State v. Aalim (Slip Opinion), 2017-Ohio-2956, 150 Ohio 8. · cites it 8× “However, as part of Ohio’s response to rising juvenile crime, in 1996, the General Assembly enacted 2 January Term, 2017 former R.C. 2151.26, now R.C. 2152.12,1 State v.”
State v. Walls, 96 Ohio St. 3d 437 (2002). · cites it 12× “At the center of this jurisdictional argument is his belief that application of *440 the 1997 statutes, R.C. 2151.26 and 2151.011(B)(6), violated the RetroactivityClause of the Ohio Constitution.”
State v. Walls, 2002-Ohio-5059, 775 N.E.2d 829. · cites it 12× “rson who is under the age of eighteen years, except that any child who violates a federal or state law or municipal ordinance prior to attaining eighteen years of age shall be deemed a ‘child’ irrespective of his age at the time the complaint is filed or hearing had on the…”
State v. Iacona, 752 N.E.2d 937 (Ohio 2001). · cites it 10× “2d 568, 570-571 , quoting R.C. 2151.26 as in effect in 1971 (133 Ohio Laws, Part II, 2049); State v.”
State v. Wilson, 652 N.E.2d 196 (Ohio 1995). · cites it 15× “The issues certified to this court are: (1) “In the absence of a bindover from juvenile court pursuant to R.C. 2151.26, does the general division of the common pteas [sic ] court have jurisdiction to try, convict and sentence a juvenile defendant?” and (2) “In the absence of the…”
State v. Hanning, 728 N.E.2d 1059 (Ohio 2000). · cites it 18× “03, applies to juvenile bindover criteria set forth in R.C. 2151.26. For the reasons that follow, we find that it does not and we therefore affirm the judgment of the court of appeals.”
State v. Smith (Slip Opinion), 2022-Ohio-274, 194 N.E.3d 297. · cites it 12× “In 2002, R.C. 2151.26 was amended and recodified as R.”
Johnson v. Timmerman-Cooper, 757 N.E.2d 1153 (Ohio 2001). · cites it 13× “Instead, we merely determined what R.C. 2151.26 has meant since its enactment.”
State v. Iacona, 93 Ohio St. 3d 83 (2001). · cites it 14× “] Juvenile court—Transfer of case for criminal prosecution—Prosecutor under duty to disclose to juvenile respondent all evidence in state’s possession favorable to juvenile respondent and material either to guilt or punishment that is known at time of mandatory bindover hearing…”
Agee v. Russell, 92 Ohio St. 3d 540 (2001). · cites it 34× “03, does not apply to the juvenile bindover criteria set forth in R.C. 2151.26.” {¶ 10} Shortly following our decision in Hanning, Agee filed a petition in the Court of Appeals for Warren County for a writ of habeas corpus to compel appellee, his prison warden, to release him…”
State v. Hanning, 89 Ohio St. 3d 86 (2000). · cites it 25× “03, does not apply to the juvenile bindover criteria set forth in R.C. 2151.26. 1. The mandatory bindover provision of R.”
Show all 152 citing cases →
Ohio Rev. Code § 2151.26(A): 19 cases
State v. Walls, 96 Ohio St. 3d 437 (2002). “At the center of this jurisdictional argument is his belief that application of *440 the 1997 statutes, R.C. 2151.26 and 2151.011(B)(6), violated the RetroactivityClause of the Ohio Constitution.”
State v. Walls, 2002-Ohio-5059, 775 N.E.2d 829. “rson who is under the age of eighteen years, except that any child who violates a federal or state law or municipal ordinance prior to attaining eighteen years of age shall be deemed a ‘child’ irrespective of his age at the time the complaint is filed or hearing had on the…”
State v. Douglas, 485 N.E.2d 711 (Ohio 1985).
State v. Wilson, 652 N.E.2d 196 (Ohio 1995). “The issues certified to this court are: (1) “In the absence of a bindover from juvenile court pursuant to R.C. 2151.26, does the general division of the common pteas [sic ] court have jurisdiction to try, convict and sentence a juvenile defendant?” and (2) “In the absence of the…”
State v. Whisenant, 711 N.E.2d 1016 (Ohio Ct. App. 11th Dist. 1998).
Ohio Rev. Code § 2151.26(A)(1): 7 cases
State v. Iacona, 752 N.E.2d 937 (Ohio 2001). “2d 568, 570-571 , quoting R.C. 2151.26 as in effect in 1971 (133 Ohio Laws, Part II, 2049); State v.”
State v. Wilson, 652 N.E.2d 196 (Ohio 1995). “The issues certified to this court are: (1) “In the absence of a bindover from juvenile court pursuant to R.C. 2151.26, does the general division of the common pteas [sic ] court have jurisdiction to try, convict and sentence a juvenile defendant?” and (2) “In the absence of the…”
State v. Iacona, 93 Ohio St. 3d 83 (2001). “] Juvenile court—Transfer of case for criminal prosecution—Prosecutor under duty to disclose to juvenile respondent all evidence in state’s possession favorable to juvenile respondent and material either to guilt or punishment that is known at time of mandatory bindover hearing…”
State v. Whisenant, 711 N.E.2d 1016 (Ohio Ct. App. 11th Dist. 1998).
State v. Deems, 2020-Ohio-4076.
Ohio Rev. Code § 2151.26(A)(1)(3)(a): 1 case
State ex rel. Parker v. Black, 2022-Ohio-1730, 198 N.E.3d 860.
Ohio Rev. Code § 2151.26(A)(1)(a): 4 cases
Agee v. Russell, 751 N.E.2d 1043 (Ohio 2001). “03, does not apply to the juvenile bindover criteria set forth in R.C. 2151.26.” Shortly following our decision in Hanning , Agee filed a petition in the Court of Appeals for Warren County for a writ of habeas corpus to compel appellee, his prison warden, to release him from…”
State v. Agee, 728 N.E.2d 442 (Ohio Ct. App. 2d Dist. 1999).
In re A.M., 743 N.E.2d 937 (Ohio Ct. App. 8th Dist. 2000).
Agee v. Russell, 92 Ohio St. 3d 540 (2001). “03, does not apply to the juvenile bindover criteria set forth in R.C. 2151.26.” {¶ 10} Shortly following our decision in Hanning, Agee filed a petition in the Court of Appeals for Warren County for a writ of habeas corpus to compel appellee, his prison warden, to release him…”
Ohio Rev. Code § 2151.26(A)(1)(c): 8 cases
State v. Golphin, 692 N.E.2d 608 (Ohio 1998).
State ex rel. Doe v. Tracy, 555 N.E.2d 674 (Ohio Ct. App. 12th Dist. 1988).
State v. George Anthony W., 488 S.E.2d 361 (W. Va. 1996).
Johnson v. Sloan, 2016-Ohio-5375.
State v. Payne, 693 N.E.2d 1159 (Ohio Ct. App. 3d Dist. 1997).
Ohio Rev. Code § 2151.26(A)(2): 3 cases
Johnson v. Timmerman-Cooper, 757 N.E.2d 1153 (Ohio 2001). “Instead, we merely determined what R.C. 2151.26 has meant since its enactment.”
State v. Agee, 728 N.E.2d 442 (Ohio Ct. App. 2d Dist. 1999).
Johnson v. Timmerman-Cooper, 93 Ohio St. 3d 614 (2001).
Ohio Rev. Code § 2151.26(A)(2)(a): 2 cases
In re Graham, 147 Ohio App. 3d 452 (Ohio Ct. App. 7th Dist. 2002).
In re A.M., 743 N.E.2d 937 (Ohio Ct. App. 8th Dist. 2000).
Ohio Rev. Code § 2151.26(A)(3): 7 cases
In re A.M. (Slip Opinion), 2020-Ohio-5102, 184 N.E.3d 1.
Johnson v. Sloan (Slip Opinion), 2018-Ohio-2120, 116 N.E.3d 91.
State v. Douglas, 485 N.E.2d 711 (Ohio 1985).
State v. Whisenant, 711 N.E.2d 1016 (Ohio Ct. App. 11th Dist. 1998).
State v. Blair, 2017-Ohio-5865.
Ohio Rev. Code § 2151.26(AX1): 1 case
State v. Houston, 590 N.E.2d 839 (Ohio Ct. App. 6th Dist. 1990).
Ohio Rev. Code § 2151.26(B): 26 cases
State v. Iacona, 93 Ohio St. 3d 83 (2001). “] Juvenile court—Transfer of case for criminal prosecution—Prosecutor under duty to disclose to juvenile respondent all evidence in state’s possession favorable to juvenile respondent and material either to guilt or punishment that is known at time of mandatory bindover hearing…”
State v. Smith (Slip Opinion), 2022-Ohio-274, 194 N.E.3d 297. “In 2002, R.C. 2151.26 was amended and recodified as R.”
State v. Iacona, 752 N.E.2d 937 (Ohio 2001). “2d 568, 570-571 , quoting R.C. 2151.26 as in effect in 1971 (133 Ohio Laws, Part II, 2049); State v.”
Agee v. Russell, 751 N.E.2d 1043 (Ohio 2001). “03, does not apply to the juvenile bindover criteria set forth in R.C. 2151.26.” Shortly following our decision in Hanning , Agee filed a petition in the Court of Appeals for Warren County for a writ of habeas corpus to compel appellee, his prison warden, to release him from…”
In re A.J.S., 897 N.E.2d 629 (Ohio 2008).
Ohio Rev. Code § 2151.26(B)(1): 1 case
State v. Lopez, 679 N.E.2d 1155 (Ohio Ct. App. 9th Dist. 1996).
Ohio Rev. Code § 2151.26(B)(2): 1 case
State v. Simpson, 772 N.E.2d 707 (Ohio Ct. App. 5th Dist. 2002).
Ohio Rev. Code § 2151.26(B)(3): 7 cases
Agee v. Russell, 751 N.E.2d 1043 (Ohio 2001). “03, does not apply to the juvenile bindover criteria set forth in R.C. 2151.26.” Shortly following our decision in Hanning , Agee filed a petition in the Court of Appeals for Warren County for a writ of habeas corpus to compel appellee, his prison warden, to release him from…”
State v. Aalim (Slip Opinion), 2017-Ohio-2956, 150 Ohio 8. “However, as part of Ohio’s response to rising juvenile crime, in 1996, the General Assembly enacted 2 January Term, 2017 former R.C. 2151.26, now R.C. 2152.12,1 State v.”
Agee v. Russell, 92 Ohio St. 3d 540 (2001). “03, does not apply to the juvenile bindover criteria set forth in R.C. 2151.26.” {¶ 10} Shortly following our decision in Hanning, Agee filed a petition in the Court of Appeals for Warren County for a writ of habeas corpus to compel appellee, his prison warden, to release him…”
State v. Agee, 728 N.E.2d 442 (Ohio Ct. App. 2d Dist. 1999).
State ex rel. Plain Dealer Publ'g Co. v. Geauga Cnty. Court of Common Pleas, 734 N.E.2d 1214 (Ohio 2000).
Ohio Rev. Code § 2151.26(B)(3)(a): 6 cases
Agee v. Russell, 751 N.E.2d 1043 (Ohio 2001). “03, does not apply to the juvenile bindover criteria set forth in R.C. 2151.26.” Shortly following our decision in Hanning , Agee filed a petition in the Court of Appeals for Warren County for a writ of habeas corpus to compel appellee, his prison warden, to release him from…”
State v. Iacona, 752 N.E.2d 937 (Ohio 2001). “2d 568, 570-571 , quoting R.C. 2151.26 as in effect in 1971 (133 Ohio Laws, Part II, 2049); State v.”
State v. Iacona, 93 Ohio St. 3d 83 (2001). “] Juvenile court—Transfer of case for criminal prosecution—Prosecutor under duty to disclose to juvenile respondent all evidence in state’s possession favorable to juvenile respondent and material either to guilt or punishment that is known at time of mandatory bindover hearing…”
Agee v. Russell, 92 Ohio St. 3d 540 (2001). “03, does not apply to the juvenile bindover criteria set forth in R.C. 2151.26.” {¶ 10} Shortly following our decision in Hanning, Agee filed a petition in the Court of Appeals for Warren County for a writ of habeas corpus to compel appellee, his prison warden, to release him…”
State v. Agee, 728 N.E.2d 442 (Ohio Ct. App. 2d Dist. 1999).
Ohio Rev. Code § 2151.26(B)(4): 3 cases
In re A.M., 743 N.E.2d 937 (Ohio Ct. App. 8th Dist. 2000).
State v. Simpson, 772 N.E.2d 707 (Ohio Ct. App. 5th Dist. 2002).
State v. Agee, 728 N.E.2d 442 (Ohio Ct. App. 2d Dist. 1999).
Ohio Rev. Code § 2151.26(B)(4)(b): 16 cases
Agee v. Russell, 751 N.E.2d 1043 (Ohio 2001). “03, does not apply to the juvenile bindover criteria set forth in R.C. 2151.26.” Shortly following our decision in Hanning , Agee filed a petition in the Court of Appeals for Warren County for a writ of habeas corpus to compel appellee, his prison warden, to release him from…”
State v. Aalim (Slip Opinion), 2017-Ohio-2956, 150 Ohio 8. “However, as part of Ohio’s response to rising juvenile crime, in 1996, the General Assembly enacted 2 January Term, 2017 former R.C. 2151.26, now R.C. 2152.12,1 State v.”
State v. Hanning, 728 N.E.2d 1059 (Ohio 2000). “03, applies to juvenile bindover criteria set forth in R.C. 2151.26. For the reasons that follow, we find that it does not and we therefore affirm the judgment of the court of appeals.”
Johnson v. Timmerman-Cooper, 757 N.E.2d 1153 (Ohio 2001). “Instead, we merely determined what R.C. 2151.26 has meant since its enactment.”
State v. Hanning, 89 Ohio St. 3d 86 (2000). “03, does not apply to the juvenile bindover criteria set forth in R.C. 2151.26. 1. The mandatory bindover provision of R.”
Ohio Rev. Code § 2151.26(C): 16 cases
Agee v. Russell, 751 N.E.2d 1043 (Ohio 2001). “03, does not apply to the juvenile bindover criteria set forth in R.C. 2151.26.” Shortly following our decision in Hanning , Agee filed a petition in the Court of Appeals for Warren County for a writ of habeas corpus to compel appellee, his prison warden, to release him from…”
State v. Hanning, 728 N.E.2d 1059 (Ohio 2000). “03, applies to juvenile bindover criteria set forth in R.C. 2151.26. For the reasons that follow, we find that it does not and we therefore affirm the judgment of the court of appeals.”
State v. Iacona, 752 N.E.2d 937 (Ohio 2001). “2d 568, 570-571 , quoting R.C. 2151.26 as in effect in 1971 (133 Ohio Laws, Part II, 2049); State v.”
Johnson v. Timmerman-Cooper, 757 N.E.2d 1153 (Ohio 2001). “Instead, we merely determined what R.C. 2151.26 has meant since its enactment.”
State v. Hanning, 89 Ohio St. 3d 86 (2000). “03, does not apply to the juvenile bindover criteria set forth in R.C. 2151.26. 1. The mandatory bindover provision of R.”
Ohio Rev. Code § 2151.26(C)(1): 2 cases
State v. Hanning, 89 Ohio St. 3d 86 (2000). “03, does not apply to the juvenile bindover criteria set forth in R.C. 2151.26. 1. The mandatory bindover provision of R.”
In re G.R., 2022-Ohio-3779.
Ohio Rev. Code § 2151.26(C)(1)(b): 2 cases
Agee v. Russell, 751 N.E.2d 1043 (Ohio 2001). “03, does not apply to the juvenile bindover criteria set forth in R.C. 2151.26.” Shortly following our decision in Hanning , Agee filed a petition in the Court of Appeals for Warren County for a writ of habeas corpus to compel appellee, his prison warden, to release him from…”
Agee v. Russell, 92 Ohio St. 3d 540 (2001). “03, does not apply to the juvenile bindover criteria set forth in R.C. 2151.26.” {¶ 10} Shortly following our decision in Hanning, Agee filed a petition in the Court of Appeals for Warren County for a writ of habeas corpus to compel appellee, his prison warden, to release him…”
Ohio Rev. Code § 2151.26(C)(1)(c): 4 cases
State v. Hanning, 728 N.E.2d 1059 (Ohio 2000). “03, applies to juvenile bindover criteria set forth in R.C. 2151.26. For the reasons that follow, we find that it does not and we therefore affirm the judgment of the court of appeals.”
State v. Golphin, 692 N.E.2d 608 (Ohio 1998).
State v. Hanning, 89 Ohio St. 3d 86 (2000). “03, does not apply to the juvenile bindover criteria set forth in R.C. 2151.26. 1. The mandatory bindover provision of R.”
State v. Golphin, 81 Ohio St. 3d 543 (1998).
Ohio Rev. Code § 2151.26(C)(2): 1 case
Steele v. Harris, 2019-Ohio-4839.
Ohio Rev. Code § 2151.26(C)(2)(a): 3 cases
State v. Hanning, 728 N.E.2d 1059 (Ohio 2000). “03, applies to juvenile bindover criteria set forth in R.C. 2151.26. For the reasons that follow, we find that it does not and we therefore affirm the judgment of the court of appeals.”
Steele v. Harris, 2019-Ohio-4839.
State v. Hanning, 89 Ohio St. 3d 86 (2000). “03, does not apply to the juvenile bindover criteria set forth in R.C. 2151.26. 1. The mandatory bindover provision of R.”
Ohio Rev. Code § 2151.26(C)(4): 1 case
State v. Brown, 2014-Ohio-314.
Ohio Rev. Code § 2151.26(D): 2 cases
State v. Parks, 555 N.E.2d 671 (Ohio Ct. App. 2d Dist. 1988).
State v. McDonald, 4 Ohio App. Unrep. 46 (Ohio Ct. App. 2d Dist. 1990).
Ohio Rev. Code § 2151.26(E): 13 cases
State v. Wilson, 652 N.E.2d 196 (Ohio 1995). “The issues certified to this court are: (1) “In the absence of a bindover from juvenile court pursuant to R.C. 2151.26, does the general division of the common pteas [sic ] court have jurisdiction to try, convict and sentence a juvenile defendant?” and (2) “In the absence of the…”
State v. Wilson, 73 Ohio St. 3d 40 (1995).
State v. Chavis, 2015-Ohio-5549.
Smith v. May (Slip Opinion), 2020-Ohio-61, 148 N.E.3d 542.
State v. Grady, 444 N.E.2d 51 (Ohio Ct. App. 8th Dist. 1981).
Ohio Rev. Code § 2151.26(F): 3 cases
State ex rel. Fryerson v. Tate, 705 N.E.2d 353 (Ohio 1999).
In re A.M., 743 N.E.2d 937 (Ohio Ct. App. 8th Dist. 2000).
State v. Brown, 4 Ohio App. Unrep. 363 (Ohio Ct. App. 9th Dist. 1990).
Ohio Rev. Code § 2151.26(G): 1 case
State v. Wright, 2016-Ohio-8068.
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