Ohio Rev. Code » Chapter 2151
Ohio Revised Code

Ohio Rev. Code § 2151.28 (2026)

Adjudicatory hearing - determining shelter care placement

✓ current as of May 2026
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Effective:
April 6, 2017
Latest Legislation:
House Bill 410 - 131st General Assembly
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(A) No later than seventy-two hours after the complaint is filed, the court shall fix a time for an adjudicatory hearing. The court shall conduct the adjudicatory hearing within one of the following periods of time:

(1) Subject to division (C) of section 2152.13 of the Revised Code and division (A)(3) of this section, if the complaint alleged that the child violated section 2151.87 of the Revised Code or is a delinquent or unruly child or a juvenile traffic offender, the adjudicatory hearing shall be held and may be continued in accordance with the Juvenile Rules.

(2) If the complaint alleged that the child is an abused, neglected, or dependent child, the adjudicatory hearing shall be held no later than thirty days after the complaint is filed, except that, for good cause shown, the court may continue the adjudicatory hearing for either of the following periods of time:

(a) For ten days beyond the thirty-day deadline to allow any party to obtain counsel;

(b) For a reasonable period of time beyond the thirty-day deadline to obtain service on all parties or any necessary evaluation, except that the adjudicatory hearing shall not be held later than sixty days after the date on which the complaint was filed.

(3) If the child who is the subject of the complaint is in detention and is charged with violating a section of the Revised Code that may be violated by an adult, the hearing shall be held not later than fifteen days after the filing of the complaint. Upon a showing of good cause, the adjudicatory hearing may be continued and detention extended.

(B) At an adjudicatory hearing held pursuant to division (A)(2) of this section, the court, in addition to determining whether the child is an abused, neglected, or dependent child, shall determine whether the child should remain or be placed in shelter care until the dispositional hearing. When the court makes the shelter care determination, all of the following apply:

(1) The court shall determine whether there are any relatives of the child who are willing to be temporary custodians of the child. If any relative is willing to be a temporary custodian, the child otherwise would remain or be placed in shelter care, and the appointment is appropriate, the court shall appoint the relative as temporary custodian of the child, unless the court appoints another relative as custodian. If it determines that the appointment of a relative as custodian would not be appropriate, it shall issue a written opinion setting forth the reasons for its determination and give a copy of the opinion to all parties and the guardian ad litem of the child.

The court's consideration of a relative for appointment as a temporary custodian does not make that relative a party to the proceedings.

(2) The court shall comply with section 2151.419 of the Revised Code.

(3) The court shall schedule the date for the dispositional hearing to be held pursuant to section 2151.35 of the Revised Code. The parents of the child have a right to be represented by counsel; however, in no case shall the dispositional hearing be held later than ninety days after the date on which the complaint was filed.

(C)(1) The court shall direct the issuance of a summons directed to the child except as provided by this section, the parents, guardian, custodian, or other person with whom the child may be, and any other persons that appear to the court to be proper or necessary parties to the proceedings, requiring them to appear before the court at the time fixed to answer the allegations of the complaint. The summons shall contain the name and telephone number of the court employee designated by the court pursuant to section 2151.314 of the Revised Code to arrange for the prompt appointment of counsel for indigent persons. A child alleged to be an abused, neglected, or dependent child shall not be summoned unless the court so directs. A summons issued for a child who is under fourteen years of age and who is alleged to be a delinquent child, unruly child, or a juvenile traffic offender shall be served on the parent, guardian, or custodian of the child in the child's behalf.

If the person who has physical custody of the child, or with whom the child resides, is other than the parent or guardian, then the parents and guardian also shall be summoned. A copy of the complaint shall accompany the summons.

(2) In lieu of appearing before the court at the time fixed in the summons and prior to the date fixed for appearance in the summons, a child who is alleged to have violated section 2151.87 of the Revised Code and that child's parent, guardian, or custodian may sign a waiver of appearance before the clerk of the juvenile court and pay a fine of one hundred dollars. If the child and that child's parent, guardian, or custodian do not waive the court appearance, the court shall proceed with the adjudicatory hearing as provided in this section.

(D) If the complaint contains a prayer for permanent custody, temporary custody, whether as the preferred or an alternative disposition, or a planned permanent living arrangement in a case involving an alleged abused, neglected, or dependent child, the summons served on the parents shall contain as is appropriate an explanation that the granting of permanent custody permanently divests the parents of their parental rights and privileges, an explanation that an adjudication that the child is an abused, neglected, or dependent child may result in an order of temporary custody that will cause the removal of the child from their legal custody until the court terminates the order of temporary custody or permanently divests the parents of their parental rights, or an explanation that the issuance of an order for a planned permanent living arrangement will cause the removal of the child from the legal custody of the parents if any of the conditions listed in divisions (A)(5)(a) to (c) of section 2151.353 of the Revised Code are found to exist.

(E)(1) Except as otherwise provided in division (E)(2) of this section, the court may endorse upon the summons an order directing the parents, guardian, or other person with whom the child may be to appear personally at the hearing and directing the person having the physical custody or control of the child to bring the child to the hearing.

(2) In cases in which the complaint alleges that a child is an unruly child for being an habitual truant or that a 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 that the parent, guardian, or other person having care of the child has failed to cause the child's attendance at school, the court shall endorse upon the summons an order directing the parent, guardian, or other person having care of the child to appear personally at the hearing and directing the person having the physical custody or control of the child to bring the child to the hearing.

(F)(1) The summons shall contain a statement advising that any party is entitled to counsel in the proceedings and that the court will appoint counsel or designate a county public defender or joint county public defender to provide legal representation if the party is indigent.

(2) In cases in which the complaint alleges a child to be an abused, neglected, or dependent child and no hearing has been conducted pursuant to division (A) of section 2151.314 of the Revised Code with respect to the child or a parent, guardian, or custodian of the child does not attend the hearing, the summons also shall contain a statement advising that a case plan may be prepared for the child, the general requirements usually contained in case plans, and the possible consequences of failure to comply with a journalized case plan.

(G) If it appears from an affidavit filed or from sworn testimony before the court that the conduct, condition, or surroundings of the child are endangering the child's health or welfare or those of others, that the child may abscond or be removed from the jurisdiction of the court, or that the child will not be brought to the court, notwithstanding the service of the summons, the court may endorse upon the summons an order that a law enforcement officer serve the summons and take the child into immediate custody and bring the child forthwith to the court.

(H) A party, other than the child, may waive service of summons by written stipulation.

(I) Before any temporary commitment is made permanent, the court shall fix a time for hearing in accordance with section 2151.414 of the Revised Code and shall cause notice by summons to be served upon the parent or guardian of the child and the guardian ad litem of the child, or published, as provided in section 2151.29 of the Revised Code. The summons shall contain an explanation that the granting of permanent custody permanently divests the parents of their parental rights and privileges.

(J) Any person whose presence is considered necessary and who is not summoned may be subpoenaed to appear and testify at the hearing. Anyone summoned or subpoenaed to appear who fails to do so may be punished, as in other cases in the court of common pleas, for contempt of court. Persons subpoenaed shall be paid the same witness fees as are allowed in the court of common pleas.

(K) The failure of the court to hold an adjudicatory hearing within any time period set forth in division (A)(2) of this section does not affect the ability of the court to issue any order under this chapter and does not provide any basis for attacking the jurisdiction of the court or the validity of any order of the court.

(L) If the court, at an adjudicatory hearing held pursuant to division (A) of this section upon a complaint alleging that a child is an abused, neglected, dependent, delinquent, or unruly child or a juvenile traffic offender, determines that the child is a dependent child, the court shall incorporate that determination into written findings of fact and conclusions of law and enter those findings of fact and conclusions of law in the record of the case. The court shall include in those findings of fact and conclusions of law specific findings as to the existence of any danger to the child and any underlying family problems that are the basis for the court's determination that the child is a dependent child.
Notes of Decisions
Cited in 317 cases (149 in the last 5 years), 1961–2026 · leading case: In re S.L., 2016 Ohio 5000 (Ohio Ct. App. 2016).
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In re S.L., 2016 Ohio 5000 (Ohio Ct. App. 2016). · cites it 11× “See R.C. 2151.28(B) and 2151.35(B)(1). See also Juv.”
In re K.K., 2022 Ohio 3888 (Ohio 2022). · cites it 10× “28(K) for a violation of the timing requirement for an adjudicatory hearing held under R.C. 2151.28(A). So while former R.C. 2151.”
State ex rel. Allen Cty. Child. Servs. Bd. v. Mercer Cty. Common Pleas Court, Prob. Div. (Slip Opinion), 2016 Ohio 7382 (Ohio 2016). · cites it 6× “R.C. 2151.28(A)(2) and (B). 6 January Term, 2016 If it determines that the child is an abused, neglected, or dependent child, the court must hold a dispositional hearing within 30 days after the adjudicatory hearing and within 90 days after the complaint was filed.”
In re K.M. (Slip Opinion), 2020 Ohio 995 (Ohio 2020). · cites it 6× “For example, R.C. 2151.28 requires the court to conduct an adjudicatory hearing no later than 30 days after the filing of a complaint alleging neglect, abuse or dependency, “except that, for good cause shown” (emphasis added), R.”
In re C.F., 113 Ohio St. 3d 73 (Ohio 2007). · cites it 3× “419 applies only at hearings held pursuant to R.C. 2151.28, 2151.31(E), 2151.314, *81 2151.”
In re T.C., 2018 Ohio 4369 (Ohio Ct. App. 2018). · cites it 12× “Specifically, she argues that the juvenile court erred by failing to make any written findings of fact and conclusions of law relative to its dependency orders, as required by R.C. 2151.28(L). CSB concedes that the trial court failed to make the necessary findings and…”
In re C.M., 2024 Ohio 2713 (Ohio Ct. App. 2024). · cites it 18× “We reverse the trial court’s judgments to the extent they found the children to be dependent and remand for the court to issue judgment entries incorporating written findings of fact and conclusions of law in compliance with R.C. 2151.28(L). I. Background On April 25, 2023,…”
In re E.E., 2021 Ohio 2770 (Ohio Ct. App. 2021). · cites it 13× “As a preliminary matter, we note that the juvenile court’s journal entry did not comply with the requirements of R.C. 2151.28(L) which states: If the court, at an adjudicatory hearing held pursuant to division (A) of this section upon a complaint alleging that a child is an…”
In re C.W., 104 Ohio St. 3d 163 (Ohio 2004). · cites it 2× “{¶ 14} “For the purposes of division (B)(1) of this section, a child shall be considered to have entered the temporary custody of an agency on the earlier of the date the child is adjudicated pursuant to section 2151.28 of the Revised Code or the date that is sixty days after…”
In re J.L., 2020 Ohio 5254 (Ohio Ct. App. 2020). · cites it 4× “For the purposes of division (B)(1) of this section, a child shall be considered to have entered the temporary custody of an agency on the earlier of the date the child is adjudicated pursuant to section 2151.28 of the Revised Code or the date that is sixty days after the…”
In re P.C., 2020 Ohio 2889 (Ohio Ct. App. 2020). · cites it 7× “{¶22} R.C. 2151.28 governs the adjudicatory hearing.”
In re M.S., 2023 Ohio 1558 (Ohio Ct. App. 2023). · cites it 2× “from the home: at any hearing held pursuant to section 2151.28 [shelter care], division (E) of section 2151.”
Show all 317 citing cases →
— Ohio Rev. Code § 2151.28(A) — 8 cases
In re K.K., 2022 Ohio 3888 (Ohio 2022). “28(K) for a violation of the timing requirement for an adjudicatory hearing held under R.C. 2151.28(A). So while former R.C. 2151.”
In re J.R.P., 2018 Ohio 3938 (Ohio Ct. App. 2018).
In Re Miller, 655 N.E.2d 252 (Ohio Ct. App. 1995).
In re J.A., 2017 Ohio 997 (Ohio Ct. App. 2017).
In re B.J., 2022 Ohio 3307 (Ohio Ct. App. 2022).
— Ohio Rev. Code § 2151.28(A)(1) — 2 cases
Thompson v. Valentine, 939 N.E.2d 1289 (Ohio Ct. App. 2010).
In re D.S., 2022 Ohio 2408 (Ohio Ct. App. 2022).
— Ohio Rev. Code § 2151.28(A)(2) — 13 cases
State ex rel. Allen Cty. Child. Servs. Bd. v. Mercer Cty. Common Pleas Court, Prob. Div. (Slip Opinion), 2016 Ohio 7382 (Ohio 2016). “R.C. 2151.28(A)(2) and (B). 6 January Term, 2016 If it determines that the child is an abused, neglected, or dependent child, the court must hold a dispositional hearing within 30 days after the adjudicatory hearing and within 90 days after the complaint was filed.”
In re K.K., 2022 Ohio 3888 (Ohio 2022). “28(K) for a violation of the timing requirement for an adjudicatory hearing held under R.C. 2151.28(A). So while former R.C. 2151.”
In re K.M. (Slip Opinion), 2020 Ohio 995 (Ohio 2020). “For example, R.C. 2151.28 requires the court to conduct an adjudicatory hearing no later than 30 days after the filing of a complaint alleging neglect, abuse or dependency, “except that, for good cause shown” (emphasis added), R.”
In re A.V., 2022 Ohio 4719 (Ohio Ct. App. 2022).
Hernandez Caballero v. Hernandez Caballero, 2023 Ohio 1006 (Ohio Ct. App. 2023).
— Ohio Rev. Code § 2151.28(A)(2)(a) — 1 case
In re K.M. (Slip Opinion), 2020 Ohio 995 (Ohio 2020). “For example, R.C. 2151.28 requires the court to conduct an adjudicatory hearing no later than 30 days after the filing of a complaint alleging neglect, abuse or dependency, “except that, for good cause shown” (emphasis added), R.”
— Ohio Rev. Code § 2151.28(A)(2)(b) — 3 cases
In re K.M. (Slip Opinion), 2020 Ohio 995 (Ohio 2020). “For example, R.C. 2151.28 requires the court to conduct an adjudicatory hearing no later than 30 days after the filing of a complaint alleging neglect, abuse or dependency, “except that, for good cause shown” (emphasis added), R.”
In re L.F., 2014 Ohio 3800 (Ohio Ct. App. 2014).
In re M.R., 2026 Ohio 187 (Ohio Ct. App. 2026).
— Ohio Rev. Code § 2151.28(B) — 4 cases
In re S.L., 2016 Ohio 5000 (Ohio Ct. App. 2016). “See R.C. 2151.28(B) and 2151.35(B)(1). See also Juv.”
In re H.C., 2015 Ohio 3545 (Ohio Ct. App. 2015).
In re J.S., 2022 Ohio 1679 (Ohio Ct. App. 2022).
In re L.S., 2016 Ohio 4999 (Ohio Ct. App. 2016).
— Ohio Rev. Code § 2151.28(B)(1) — 4 cases
In Re Travis Child., 609 N.E.2d 1356 (Ohio Ct. App. 1992).
In re S.L., 2010 Ohio 6380 (Ohio Ct. App. 2010).
In re J.H., 2013 Ohio 1423 (Ohio Ct. App. 2013).
In re K.S.J., 2026 Ohio 2214 (Ohio Ct. App. 2026).
— Ohio Rev. Code § 2151.28(B)(3) — 9 cases
State ex rel. Allen Cty. Child. Servs. Bd. v. Mercer Cty. Common Pleas Court, Prob. Div. (Slip Opinion), 2016 Ohio 7382 (Ohio 2016). “R.C. 2151.28(A)(2) and (B). 6 January Term, 2016 If it determines that the child is an abused, neglected, or dependent child, the court must hold a dispositional hearing within 30 days after the adjudicatory hearing and within 90 days after the complaint was filed.”
Howard v. Catholic Soc. Serv. of Cuyahoga Cty., Inc., 1994 Ohio 219 (Ohio 1994).
Howard v. Catholic Soc. Servs. of Cuyahoga Cnty., Inc., 70 Ohio St. 3d 141 (Ohio 1994).
In re C Child., 2023 Ohio 588 (Ohio Ct. App. 2023).
In re J.S., 2022 Ohio 1679 (Ohio Ct. App. 2022).
— Ohio Rev. Code § 2151.28(C)(1) — 1 case
In re Disqualification of Bruns, 2024 Ohio 1308 (Ohio 2024).
— Ohio Rev. Code § 2151.28(E) — 1 case
In Re Brown, 644 N.E.2d 1117 (Ohio Ct. App. 1994).
— Ohio Rev. Code § 2151.28(I) — 3 cases
In Re Creation of a Park Dist. Within Chester Twp., 2017 Ohio 4031 (Ohio Ct. App. 2017).
In re Creation of Park Dist. Within Chester Twp., 2017 Ohio 4031 (Ohio Ct. App. 2017).
In re C.S., 2019 Ohio 3562 (Ohio Ct. App. 2019).
— Ohio Rev. Code § 2151.28(K) — 7 cases
In re K.K., 2022 Ohio 3888 (Ohio 2022). “28(K) for a violation of the timing requirement for an adjudicatory hearing held under R.C. 2151.28(A). So while former R.C. 2151.”
In re K.M. (Slip Opinion), 2020 Ohio 995 (Ohio 2020). “For example, R.C. 2151.28 requires the court to conduct an adjudicatory hearing no later than 30 days after the filing of a complaint alleging neglect, abuse or dependency, “except that, for good cause shown” (emphasis added), R.”
In re A.V., 2022 Ohio 4719 (Ohio Ct. App. 2022).
In re J.S., 2022 Ohio 1679 (Ohio Ct. App. 2022).
In re E.V., 2025 Ohio 1728 (Ohio Ct. App. 2025).
— Ohio Rev. Code § 2151.28(L) — 35 cases
In re S.L., 2016 Ohio 5000 (Ohio Ct. App. 2016). “See R.C. 2151.28(B) and 2151.35(B)(1). See also Juv.”
In re T.C., 2018 Ohio 4369 (Ohio Ct. App. 2018). “Specifically, she argues that the juvenile court erred by failing to make any written findings of fact and conclusions of law relative to its dependency orders, as required by R.C. 2151.28(L). CSB concedes that the trial court failed to make the necessary findings and…”
In re C.M., 2024 Ohio 2713 (Ohio Ct. App. 2024). “We reverse the trial court’s judgments to the extent they found the children to be dependent and remand for the court to issue judgment entries incorporating written findings of fact and conclusions of law in compliance with R.C. 2151.28(L). I. Background On April 25, 2023,…”
In re E.E., 2021 Ohio 2770 (Ohio Ct. App. 2021). “As a preliminary matter, we note that the juvenile court’s journal entry did not comply with the requirements of R.C. 2151.28(L) which states: If the court, at an adjudicatory hearing held pursuant to division (A) of this section upon a complaint alleging that a child is an…”
In re P.C., 2020 Ohio 2889 (Ohio Ct. App. 2020). “{¶22} R.C. 2151.28 governs the adjudicatory hearing.”
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