Ohio Rev. Code » Chapter 2151 - Ohio Revised Code | Ohio Laws

Ohio Rev. Code § 2151.29

Service of summons, notices, and subpoenas - publication of summons

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Effective:
January 1, 2002
Latest Legislation:
Senate Bill 179 - 123rd General Assembly
PDF:
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Service of summons, notices, and subpoenas, prescribed by section 2151.28 of the Revised Code, shall be made by delivering a copy to the person summoned, notified, or subpoenaed, or by leaving a copy at the person's usual place of residence. If the juvenile judge is satisfied that such service is impracticable, the juvenile judge may order service by registered or certified mail. If the person to be served is without the state but the person can be found or the person's address is known, or the person's whereabouts or address can with reasonable diligence be ascertained, service of the summons may be made by delivering a copy to the person personally or mailing a copy to the person by registered or certified mail.

Whenever it appears by affidavit that after reasonable effort the person to be served with summons cannot be found or the person's post-office address ascertained, whether the person is within or without a state, the clerk shall publish such summons once in a newspaper of general circulation throughout the county. The summons shall state the substance and the time and place of the hearing, which shall be held at least one week later than the date of the publication. A copy of the summons and the complaint, indictment, or information shall be sent by registered or certified mail to the last known address of the person summoned unless it is shown by affidavit that a reasonable effort has been made, without success, to obtain such address.

A copy of the advertisement, the summons, and the complaint, indictment, or information, accompanied by the certificate of the clerk that such publication has been made and that the summons and the complaint, indictment, or information have been mailed as required by this section, is sufficient evidence of publication and mailing. When a period of one week from the time of publication has elapsed, the juvenile court shall have full jurisdiction to deal with such child as provided by sections 2151.01 to 2151.99 of the Revised Code.
Notes of Decisions
Cited in 44 cases (12 in the last 5 years), 1983–2026 · leading case: Pittman v. Cuyahoga County Department of Children & Family Services
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Pittman v. Cuyahoga County Department of Children & Family Services (2011) ca6 · cites it 3× “”); Ohio Rev.Code Ann. § 2151.29 (setting procedures for the service of summons, which allow the clerk of the juvenile court to undertake notice by publication “[wjhenever it appears by affidavit that after reasonable effort the person to be served .”
In re J.T. (2019) ohioctapp · cites it 9× “414(A)(1) that the trial court give notice of the permanent custody motion and hearing in accordance with R.C. 2151.29. {¶37} R.C. 2151.29 states: Service of summons, notices, and subpoenas, prescribed by section 2151.”
In re C.H. (2020) ohioctapp · cites it 19× “16 and R.C. 2151.29. MCDJFS alleged that service of the complaint could not be completed by mail or personal service.”
In re S.R. (2014) ohioctapp · cites it 6× “]” R.C. 2151.29 provides, in relevant part: Service of summons, notices, and subpoenas, prescribed by section 2151.”
In re S.W. (2019) ohioctapp · cites it 5× “Since Hamon was incarcerated, the assistant prosecutor for MCCS filed a motion that requested approval from the trial court to serve the notice of hearing on Hamon at the Madison Correctional Institution by certified mail pursuant to R.C. 2151.29. Doc. 31. The trial court…”
In re A.M. (2012) ohioctapp · cites it 4× “The agency conceded that certified mail had not been sent to the last known addresses of the two alleged fathers before the notice was published, as required by R.C. 2151.29. Travonne M. reportedly claimed that he was, in fact, living at the listed address on the date the…”
In Re Shaeffer Children (1993) ohioctapp · cites it 2× “414(A) provides, in pertinent part: “Upon the filing of a motion * * * for permanent custody of a child by a public children services agency * * * that has temporary custody of the child, the court shall schedule a hearing and give notice of the filing of the motion and of the…”
In re L.H. (2022) ohioctapp · cites it 4× “” R.C. 2151.29 provides, “Service of summons, notices, and subpoenas, prescribed by section 2151.”
In re R.D. (2021) ohioctapp · cites it 2× “414(A)(1), upon the filing of a motion for permanent custody, "the court shall schedule a hearing and give notice of the filing of the motion and of the hearing, in accordance with section 2151.”
In re Thompkins (2007) ohio “” {¶ 18} Further, R.C. 2151.29 states: {¶ 19} “Service of summons, notices, and subpoenas * * * shall be made by delivering a copy to the person summoned, notified, or subpoenaed, or by leaving a copy at the person’s usual place of residence.”
In Re Cowling (1991) ohioctapp · cites it 3× “* * *” R.C. 2151.29, in clarifying the notice required under R.”
In Re Baby Girl Doe (2002) ohioctapp “{¶ 21} On October 31, 2001, LCCS sought affidavits for service by publication pursuant to R.C. 2151.29 because the parents of the baby were unknown to LCCS.”
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