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Ohio Revised Code

Ohio Rev. Code § 2152.10 (2026)

Mandatory and discretionary transfers

✓ current as of May 2026
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Effective:
April 4, 2023
Latest Legislation:
Senate Bill 288 - 134th General Assembly
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(A) A child who is alleged to be a delinquent child is eligible for mandatory transfer and the child's case shall be transferred as provided in section 2152.12 of the Revised Code in any of the following circumstances:

(1) The child is charged with a category one offense and either of the following apply:

(a) The child was sixteen years of age or older at the time of the act charged.

(b) The child was fourteen or fifteen years of age at the time of the act charged and previously was adjudicated a delinquent child for committing an act that is a category one or category two offense and was committed to the legal custody of the department of youth services upon the basis of that adjudication.

(2) The child is charged with a category two offense, other than a violation of section 2905.01 of the Revised Code, the child was sixteen years of age or older at the time of the commission of the act charged, and either or both of the following apply:

(a) The child previously was adjudicated a delinquent child for committing an act that is a category one or a category two offense and was committed to the legal custody of the department of youth services on the basis of that adjudication.

(b) The child is alleged to have had a firearm on or about the child's person or under the child's control while committing the act charged and to have displayed the firearm, brandished the firearm, indicated possession of the firearm, or used the firearm to facilitate the commission of the act charged.

(3) Division (A)(2) of section 2152.12 of the Revised Code applies.

(B) Unless the child is subject to mandatory transfer, if a child is fourteen years of age or older at the time of the act charged and if the child is charged with an act that would be a felony if committed by an adult, the child is eligible for discretionary transfer, and for transfer of the child's case, to the appropriate court for criminal prosecution. In determining whether to transfer the child for criminal prosecution, the juvenile court shall follow the procedures in section 2152.12 of the Revised Code. If the court does not transfer the child and if the court adjudicates the child to be a delinquent child for the act charged, the court shall issue an order of disposition in accordance with section 2152.11 of the Revised Code.

Last updated February 13, 2023 at 4:06 PM

Notes of Decisions
Cited in 190 cases (72 in the last 5 years), 2002–2026 · leading case: State v. Aalim (Slip Opinion), 2017 Ohio 2956 (Ohio 2017).
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State v. Aalim (Slip Opinion), 2017 Ohio 2956 (Ohio 2017). · cites it 30× “{¶ 13} R.C. 2152.10(A) sets forth which juvenile cases are subject to mandatory bindover and provides: 6 January Term, 2017 (A) A child who is alleged to be a delinquent child is eligible for mandatory transfer and shall be transferred as provided in section 2152.”
State v. Aalim (Slip Opinion), 2016 Ohio 8278 (Ohio 2016). · cites it 35× “16 January Term, 2016 {¶ 32} We accordingly reverse the judgment of the Second District Court of Appeals and remand the cause to the juvenile court for an amenability hearing pursuant to R.C. 2152.10 and 2152.12. Judgment reversed and cause remanded.”
State v. Smith (Slip Opinion), 2022 Ohio 274 (Ohio 2022). · cites it 30× “pursuant to R.C. 2152.10 and 2152.12 and Juv.R. 30. The two women and three police officers testified.”
State v. Quarterman (Slip Opinion), 2014 Ohio 4034 (Ohio 2014). · cites it 6× “R.C. 2152.10(A)(2)(b). The court therefore relinquished jurisdiction and transferred the matter to the general division of the common pleas court pursuant to R.”
State v. Mays, 2014 Ohio 3815 (Ohio Ct. App. 2014). · cites it 13× “, citing R.C. 2152.10 and 2152.12. There are two types of transfers under Ohio’s juvenile justice system — mandatory and discretionary.”
State v. Brookshire, 2014 Ohio 1971 (Ohio Ct. App. 2014). · cites it 15× “2 {¶ 1} Defendant-appellant, LV Lavell Brookshire, a juvenile, appeals from his conviction in the Montgomery County Court of Common Pleas for aggravated robbery and kidnapping after the matter was transferred from juvenile court pursuant to R.C. 2152.10 and R.C. 2152.12. For…”
State v. Carter, 2017 Ohio 7501 (Ohio Ct. App. 2017). · cites it 4× “Upon finding the mandatory transfer provisions in R.C. 2152.10(A) and 2152.12(A) unconstitutional, the Court severed those provisions.”
State v. Ferguson, 2017 Ohio 7930 (Ohio Ct. App. 2017). · cites it 8× “Transfer from Juvenile Court {¶ 24} In his fifth assignment of error, Ferguson claims that the trial court abused its discretion when it determined that Ferguson was not amenable to treatment in the juvenile system following an amenability hearing on the felonious assault charge.”
State v. Starling, 2019 Ohio 1478 (Ohio Ct. App. 2019). · cites it 6× “{¶ 5} Once Starling’s case was transferred back to juvenile court, the juvenile court reaffirmed its probable cause finding and scheduled the matter for an amenability hearing.”
State v. Bradford, 2014 Ohio 904 (Ohio Ct. App. 2014). · cites it 18× “10(A)(2)(b) states that a child who is alleged to be a delinquent child is eligible for mandatory bind-over to the general division if (1) the child is charged with a category two offense other than kidnapping, (2) the child is Stark County, Case No.”
State v. Moore (Slip Opinion), 2016 Ohio 8288 (Ohio 2016). · cites it 2× “R.C. 2152.10. Therefore, it is the General Assembly that must consider relevant factors, such as the growing body of science and pronouncements by the United States Supreme Court, and promulgate appropriate sentencing guidelines for those juveniles whom the General Assembly has…”
In re M.P., 2010 Ohio 599 (Ohio 2010). · cites it 3× “R.C. 2152.10 and 2152.12. When the state requests a mandatory bindover, the juvenile court determines whether the child is eligible for mandatory bindover according to the child’s age, the nature of the act, and other circumstances, and whether probable cause exists to believe…”
Show all 190 citing cases →
— Ohio Rev. Code § 2152.10(A) — 43 cases
State v. Aalim (Slip Opinion), 2017 Ohio 2956 (Ohio 2017). “{¶ 13} R.C. 2152.10(A) sets forth which juvenile cases are subject to mandatory bindover and provides: 6 January Term, 2017 (A) A child who is alleged to be a delinquent child is eligible for mandatory transfer and shall be transferred as provided in section 2152.”
State v. Aalim (Slip Opinion), 2016 Ohio 8278 (Ohio 2016). “16 January Term, 2016 {¶ 32} We accordingly reverse the judgment of the Second District Court of Appeals and remand the cause to the juvenile court for an amenability hearing pursuant to R.C. 2152.10 and 2152.12. Judgment reversed and cause remanded.”
State v. Starling, 2019 Ohio 1478 (Ohio Ct. App. 2019). “{¶ 5} Once Starling’s case was transferred back to juvenile court, the juvenile court reaffirmed its probable cause finding and scheduled the matter for an amenability hearing.”
State v. Carter, 2017 Ohio 7501 (Ohio Ct. App. 2017). “Upon finding the mandatory transfer provisions in R.C. 2152.10(A) and 2152.12(A) unconstitutional, the Court severed those provisions.”
State v. Frazier, 2019 Ohio 1433 (Ohio Ct. App. 2019).
— Ohio Rev. Code § 2152.10(A)(1) — 7 cases
Turner v. Hooks, 2016 Ohio 3083 (Ohio Ct. App. 2016).
In re D.M.S., 2021 Ohio 1214 (Ohio Ct. App. 2021).
State v. Williams, 2022 Ohio 2022 (Ohio Ct. App. 2022).
In Re Stanley, 848 N.E.2d 540 (Ohio Ct. App. 2006).
In re C.J.H., 2024 Ohio 1233 (Ohio Ct. App. 2024).
— Ohio Rev. Code § 2152.10(A)(1)(a) — 16 cases
State v. Brandeberry, 2017 Ohio 5676 (Ohio Ct. App. 2017).
Steele v. Harris (Slip Opinion), 2020 Ohio 5480 (Ohio 2020).
State v. Carter, 2016 Ohio 2725 (Ohio Ct. App. 2016).
State v. Starling, 2019 Ohio 1478 (Ohio Ct. App. 2019). “{¶ 5} Once Starling’s case was transferred back to juvenile court, the juvenile court reaffirmed its probable cause finding and scheduled the matter for an amenability hearing.”
State v. Pickens, 2024 Ohio 951 (Ohio Ct. App. 2024).
— Ohio Rev. Code § 2152.10(A)(1)(b) — 5 cases
In re C.P., 2012 Ohio 1446 (Ohio 2012).
State v. Lane, 2014 Ohio 2010 (Ohio Ct. App. 2014).
State v. Vaughn, 2016 Ohio 7384 (Ohio Ct. App. 2016).
State v. McCrary, 2014 Ohio 1468 (Ohio Ct. App. 2014).
State v. Roberson, 2021 Ohio 3162 (Ohio Ct. App. 2021).
— Ohio Rev. Code § 2152.10(A)(2) — 14 cases
State v. Ferguson, 2017 Ohio 7930 (Ohio Ct. App. 2017). “Transfer from Juvenile Court {¶ 24} In his fifth assignment of error, Ferguson claims that the trial court abused its discretion when it determined that Ferguson was not amenable to treatment in the juvenile system following an amenability hearing on the felonious assault charge.”
State v. Martin, 2022 Ohio 4175 (Ohio 2022).
Smith v. May (Slip Opinion), 2020 Ohio 61 (Ohio 2020).
State v. Brookshire, 2014 Ohio 1971 (Ohio Ct. App. 2014). “2 {¶ 1} Defendant-appellant, LV Lavell Brookshire, a juvenile, appeals from his conviction in the Montgomery County Court of Common Pleas for aggravated robbery and kidnapping after the matter was transferred from juvenile court pursuant to R.C. 2152.10 and R.C. 2152.12. For…”
In re E.S., 2023 Ohio 4273 (Ohio 2023).
— Ohio Rev. Code § 2152.10(A)(2)(B) — 3 cases
State v. Bradford, 2014 Ohio 904 (Ohio Ct. App. 2014). “10(A)(2)(b) states that a child who is alleged to be a delinquent child is eligible for mandatory bind-over to the general division if (1) the child is charged with a category two offense other than kidnapping, (2) the child is Stark County, Case No.”
In re D.J., 2019 Ohio 288 (Ohio Ct. App. 2019).
State v. Johnson, 2019 Ohio 287 (Ohio Ct. App. 2019).
— Ohio Rev. Code § 2152.10(A)(2)(a) — 2 cases
State v. Burns, 2020 Ohio 3966 (Ohio Ct. App. 2020).
State v. Jenkins, 2025 Ohio 2143 (Ohio Ct. App. 2025).
— Ohio Rev. Code § 2152.10(A)(2)(b) — 65 cases
State v. Aalim (Slip Opinion), 2017 Ohio 2956 (Ohio 2017). “{¶ 13} R.C. 2152.10(A) sets forth which juvenile cases are subject to mandatory bindover and provides: 6 January Term, 2017 (A) A child who is alleged to be a delinquent child is eligible for mandatory transfer and shall be transferred as provided in section 2152.”
State v. Aalim (Slip Opinion), 2016 Ohio 8278 (Ohio 2016). “16 January Term, 2016 {¶ 32} We accordingly reverse the judgment of the Second District Court of Appeals and remand the cause to the juvenile court for an amenability hearing pursuant to R.C. 2152.10 and 2152.12. Judgment reversed and cause remanded.”
State v. Quarterman (Slip Opinion), 2014 Ohio 4034 (Ohio 2014). “R.C. 2152.10(A)(2)(b). The court therefore relinquished jurisdiction and transferred the matter to the general division of the common pleas court pursuant to R.”
State v. Smith (Slip Opinion), 2022 Ohio 274 (Ohio 2022). “pursuant to R.C. 2152.10 and 2152.12 and Juv.R. 30. The two women and three police officers testified.”
State v. Mays, 2014 Ohio 3815 (Ohio Ct. App. 2014). “, citing R.C. 2152.10 and 2152.12. There are two types of transfers under Ohio’s juvenile justice system — mandatory and discretionary.”
— Ohio Rev. Code § 2152.10(A)(2)(b)(ii) — 1 case
State v. Weaver, 2019 Ohio 2477 (Ohio Ct. App. 2019).
— Ohio Rev. Code § 2152.10(A)(3) — 1 case
State v. Muhammad, 2014 Ohio 5771 (Ohio Ct. App. 2014).
— Ohio Rev. Code § 2152.10(B) — 80 cases
State v. Aalim (Slip Opinion), 2016 Ohio 8278 (Ohio 2016). “16 January Term, 2016 {¶ 32} We accordingly reverse the judgment of the Second District Court of Appeals and remand the cause to the juvenile court for an amenability hearing pursuant to R.C. 2152.10 and 2152.12. Judgment reversed and cause remanded.”
State v. Aalim (Slip Opinion), 2017 Ohio 2956 (Ohio 2017). “{¶ 13} R.C. 2152.10(A) sets forth which juvenile cases are subject to mandatory bindover and provides: 6 January Term, 2017 (A) A child who is alleged to be a delinquent child is eligible for mandatory transfer and shall be transferred as provided in section 2152.”
State v. Carter, 2017 Ohio 7501 (Ohio Ct. App. 2017). “Upon finding the mandatory transfer provisions in R.C. 2152.10(A) and 2152.12(A) unconstitutional, the Court severed those provisions.”
State v. Ferguson, 2017 Ohio 7930 (Ohio Ct. App. 2017). “Transfer from Juvenile Court {¶ 24} In his fifth assignment of error, Ferguson claims that the trial court abused its discretion when it determined that Ferguson was not amenable to treatment in the juvenile system following an amenability hearing on the felonious assault charge.”
State v. Burns, 2020 Ohio 3966 (Ohio Ct. App. 2020).
— Ohio Rev. Code § 2152.10(a)(2)(b) — 1 case
State v. Bradford, 2014 Ohio 904 (Ohio Ct. App. 2014). “10(A)(2)(b) states that a child who is alleged to be a delinquent child is eligible for mandatory bind-over to the general division if (1) the child is charged with a category two offense other than kidnapping, (2) the child is Stark County, Case No.”
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