Ohio Rev. Code » Chapter 2152
Ohio Revised Code

Ohio Rev. Code § 2152.16 (2026)

Committing delinquent child to youth services department for secure confinement

✓ current as of May 2026
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Effective:
July 5, 2002
Latest Legislation:
House Bill 393 - 124th General Assembly
PDF:
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(A)(1) If a child is adjudicated a delinquent child for committing an act that would be a felony if committed by an adult, the juvenile court may commit the child to the legal custody of the department of youth services for secure confinement as follows:

(a) For an act that would be aggravated murder or murder if committed by an adult, until the offender attains twenty-one years of age;

(b) For a violation of section 2923.02 of the Revised Code that involves an attempt to commit an act that would be aggravated murder or murder if committed by an adult, a minimum period of six to seven years as prescribed by the court and a maximum period not to exceed the child's attainment of twenty-one years of age;

(c) For a violation of section 2903.03, 2905.01, 2909.02, or 2911.01 or division (A) of section 2903.04 of the Revised Code or for a violation of any provision of section 2907.02 of the Revised Code other than division (A)(1)(b) of that section when the sexual conduct or insertion involved was consensual and when the victim of the violation of division (A)(1)(b) of that section was older than the delinquent child, was the same age as the delinquent child, or was less than three years younger than the delinquent child, for an indefinite term consisting of a minimum period of one to three years, as prescribed by the court, and a maximum period not to exceed the child's attainment of twenty-one years of age;

(d) If the child is adjudicated a delinquent child for committing an act that is not described in division (A)(1)(b) or (c) of this section and that would be a felony of the first or second degree if committed by an adult, for an indefinite term consisting of a minimum period of one year and a maximum period not to exceed the child's attainment of twenty-one years of age.

(e) For committing an act that would be a felony of the third, fourth, or fifth degree if committed by an adult or for a violation of division (A) of section 2923.211 of the Revised Code, for an indefinite term consisting of a minimum period of six months and a maximum period not to exceed the child's attainment of twenty-one years of age.

(2) In each case in which a court makes a disposition under this section, the court retains control over the commitment for the minimum period specified by the court in divisions (A)(1)(a) to (e) of this section. During the minimum period, the department of youth services shall not move the child to a nonsecure setting without the permission of the court that imposed the disposition.

(B)(1) Subject to division (B)(2) of this section, if a delinquent child is committed to the department of youth services under this section, the department may release the child at any time after the minimum period specified by the court in division (A)(1) of this section ends.

(2) A commitment under this section is subject to a supervised release or to a discharge of the child from the custody of the department for medical reasons pursuant to section 5139.54 of the Revised Code, but, during the minimum period specified by the court in division (A)(1) of this section, the department shall obtain court approval of a supervised release or discharge under that section.

(C) If a child is adjudicated a delinquent child, at the dispositional hearing and prior to making any disposition pursuant to this section, the court shall determine whether the delinquent child previously has been adjudicated a delinquent child for a violation of a law or ordinance. If the delinquent child previously has been adjudicated a delinquent child for a violation of a law or ordinance, the court, for purposes of entering an order of disposition of the delinquent child under this section, shall consider the previous delinquent child adjudication as a conviction of a violation of the law or ordinance in determining the degree of the offense the current act would be had it been committed by an adult. This division also shall apply in relation to the imposition of any financial sanction under section 2152.19 of the Revised Code.
Notes of Decisions
Cited in 52 cases (16 in the last 5 years), 2003–2026 · leading case: In re H.V., 2014 Ohio 812 (Ohio 2014).
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In re H.V., 2014 Ohio 812 (Ohio 2014). · cites it 23× “52(F) be served consecutively to his commitment for his new felonious-assault offense pursuant to R.C. 2152.16. H.V. argues that because R.”
In Re A.G., 2016 Ohio 3306 (Ohio 2016). · cites it 2× “R.C. 2152.16, 2152.19. {¶ 27} And this distinct terminology reflects that [t]he juvenile courts were premised on profoundly different assumptions and goals than a criminal court, * * * with a focus on the state’s role as parens patriae and the vision that the courts would…”
In re L.R., 2020 Ohio 2990 (Ohio Ct. App. 2020). · cites it 6× “{¶9} “The various traditional juvenile dispositions available to a trial court are delineated in R.C. 2152.16, 2152.17, 2152.19, and 2152.”
In re J.C., 2013 Ohio 2819 (Ohio Ct. App. 2013). · cites it 8× “Upon disposition of a juvenile as delinquent, a court may commit the juvenile to the custody of ODYS, pursuant to R.C. 2152.16. Where the court orders commitment to ODYS, “the court retains control over the commitment for the minimum period specified by the court in divisions…”
State ex rel. Jean-Baptiste v. Kirsch, 2012 Ohio 5697 (Ohio 2012). · cites it 2× “Compare R.C. 2152.16 (provisions precluding juvenile court from committing a child to DYS for a period exceeding age 21).”
In re J.S., 2020 Ohio 3413 (Ohio Ct. App. 2020). · cites it 4× “{¶12} “‘The various traditional juvenile dispositions available to a trial court are delineated in R.C. 2152.16, 2152.17, 2152.19, and 2152.”
In re: T.M., 2018 Ohio 2450 (Ohio Ct. App. 2018). · cites it 10× “{¶ 17} R.C. 2152.16 governs commitments to the youth services department for secure confinement.”
In re E.B., 2017 Ohio 1232 (Ohio Ct. App. 2017). · cites it 5× “directs our attention R.C. 2152.16(A), which states that “[i]f a child is adjudicated a delinquent child for committing an act that would be a felony if committed by an adult, the juvenile court may commit the child to the legal custody of the department of youth services for…”
In re B.K., 2018 Ohio 864 (Ohio Ct. App. 2018). · cites it 2× “16(A)(1) provides: If a child is adjudicated a delinquent child for committing an act that would be a felony if committed by an adult, the juvenile court may commit the child to the legal custody of the department of youth services for secure confinement as follows: *** (d) If…”
In re J.R., 2022 Ohio 2623 (Ohio Ct. App. 2022). · cites it 3× “{¶10} “The various traditional juvenile dispositions available to a trial court are delineated in R.C. 2152.16, 2152.17, 2152.19, and 2152.”
In re I.M., 2012 Ohio 3847 (Ohio Ct. App. 2012). · cites it 5× “52(F) is contrasted with R.C. 2152.16, which sets forth the periods of commitment to DYS that apply when a juvenile court adjudicates a child delinquent for committing an act that would be considered a felony if committed by an adult.”
In re J.G., 2021 Ohio 1624 (Ohio Ct. App. 2021). “8-20-59 sections 2152.16, 2152.19, and 2152.20 and, if applicable, section 2152.”
Show all 52 citing cases →
— Ohio Rev. Code § 2152.16(A) — 5 cases
In re E.B., 2017 Ohio 1232 (Ohio Ct. App. 2017). “directs our attention R.C. 2152.16(A), which states that “[i]f a child is adjudicated a delinquent child for committing an act that would be a felony if committed by an adult, the juvenile court may commit the child to the legal custody of the department of youth services for…”
In re K.P., 2012 Ohio 5814 (Ohio Ct. App. 2012).
In re R.H., 2017 Ohio 467 (Ohio Ct. App. 2017).
In re N.P., 2013 Ohio 1288 (Ohio Ct. App. 2013).
In re K.H., 2013 Ohio 5743 (Ohio Ct. App. 2013).
— Ohio Rev. Code § 2152.16(A)(1) — 7 cases
In re H.V., 2014 Ohio 812 (Ohio 2014). “52(F) be served consecutively to his commitment for his new felonious-assault offense pursuant to R.C. 2152.16. H.V. argues that because R.”
In re B.K., 2018 Ohio 864 (Ohio Ct. App. 2018). “16(A)(1) provides: If a child is adjudicated a delinquent child for committing an act that would be a felony if committed by an adult, the juvenile court may commit the child to the legal custody of the department of youth services for secure confinement as follows: *** (d) If…”
In re E.B., 2017 Ohio 1232 (Ohio Ct. App. 2017). “directs our attention R.C. 2152.16(A), which states that “[i]f a child is adjudicated a delinquent child for committing an act that would be a felony if committed by an adult, the juvenile court may commit the child to the legal custody of the department of youth services for…”
In re: T.M., 2018 Ohio 2450 (Ohio Ct. App. 2018). “{¶ 17} R.C. 2152.16 governs commitments to the youth services department for secure confinement.”
In re K.M.P., 2022 Ohio 466 (Ohio Ct. App. 2022).
— Ohio Rev. Code § 2152.16(A)(1)(a) — 3 cases
State ex rel. N.A. v. Cross, 2010 Ohio 1471 (Ohio 2010).
In re J.C., 2013 Ohio 2819 (Ohio Ct. App. 2013). “Upon disposition of a juvenile as delinquent, a court may commit the juvenile to the custody of ODYS, pursuant to R.C. 2152.16. Where the court orders commitment to ODYS, “the court retains control over the commitment for the minimum period specified by the court in divisions…”
In re I.M., 2012 Ohio 3847 (Ohio Ct. App. 2012). “52(F) is contrasted with R.C. 2152.16, which sets forth the periods of commitment to DYS that apply when a juvenile court adjudicates a child delinquent for committing an act that would be considered a felony if committed by an adult.”
— Ohio Rev. Code § 2152.16(A)(1)(b) — 4 cases
In re H.V., 2014 Ohio 812 (Ohio 2014). “52(F) be served consecutively to his commitment for his new felonious-assault offense pursuant to R.C. 2152.16. H.V. argues that because R.”
In re J.C., 2013 Ohio 2819 (Ohio Ct. App. 2013). “Upon disposition of a juvenile as delinquent, a court may commit the juvenile to the custody of ODYS, pursuant to R.C. 2152.16. Where the court orders commitment to ODYS, “the court retains control over the commitment for the minimum period specified by the court in divisions…”
In re I.M., 2012 Ohio 3847 (Ohio Ct. App. 2012). “52(F) is contrasted with R.C. 2152.16, which sets forth the periods of commitment to DYS that apply when a juvenile court adjudicates a child delinquent for committing an act that would be considered a felony if committed by an adult.”
In Re T.J., 872 N.E.2d 1249 (Ohio Ct. App. 2007).
— Ohio Rev. Code § 2152.16(A)(1)(c) — 7 cases
In re M.K., 2022 Ohio 4537 (Ohio Ct. App. 2022).
In re A.C., 2014 Ohio 640 (Ohio Ct. App. 2014).
In re K.E., 2018 Ohio 3100 (Ohio Ct. App. 2018).
In re X.F., 2025 Ohio 2730 (Ohio Ct. App. 2025).
In re K. D., 2014 Ohio 2368 (Ohio Ct. App. 2014).
— Ohio Rev. Code § 2152.16(A)(1)(d) — 13 cases
In re K.M.C., 2016 Ohio 5322 (Ohio Ct. App. 2016).
In re J.S., 2020 Ohio 3413 (Ohio Ct. App. 2020). “{¶12} “‘The various traditional juvenile dispositions available to a trial court are delineated in R.C. 2152.16, 2152.17, 2152.19, and 2152.”
In re B.K., 2018 Ohio 864 (Ohio Ct. App. 2018). “16(A)(1) provides: If a child is adjudicated a delinquent child for committing an act that would be a felony if committed by an adult, the juvenile court may commit the child to the legal custody of the department of youth services for secure confinement as follows: *** (d) If…”
In re J.R., 2022 Ohio 2623 (Ohio Ct. App. 2022). “{¶10} “The various traditional juvenile dispositions available to a trial court are delineated in R.C. 2152.16, 2152.17, 2152.19, and 2152.”
In re J.C., 2022 Ohio 2993 (Ohio Ct. App. 2022).
— Ohio Rev. Code § 2152.16(A)(1)(e) — 13 cases
In re H.V., 2014 Ohio 812 (Ohio 2014). “52(F) be served consecutively to his commitment for his new felonious-assault offense pursuant to R.C. 2152.16. H.V. argues that because R.”
In re D.W., 2019 Ohio 5259 (Ohio Ct. App. 2019).
In re J.S., 2020 Ohio 3413 (Ohio Ct. App. 2020). “{¶12} “‘The various traditional juvenile dispositions available to a trial court are delineated in R.C. 2152.16, 2152.17, 2152.19, and 2152.”
In re L.R., 2020 Ohio 2990 (Ohio Ct. App. 2020). “{¶9} “The various traditional juvenile dispositions available to a trial court are delineated in R.C. 2152.16, 2152.17, 2152.19, and 2152.”
In Re Tiber, 797 N.E.2d 161 (Ohio Ct. App. 2003).
— Ohio Rev. Code § 2152.16(A)(2) — 6 cases
In re: T.M., 2018 Ohio 2450 (Ohio Ct. App. 2018). “{¶ 17} R.C. 2152.16 governs commitments to the youth services department for secure confinement.”
In re J.C., 2013 Ohio 2819 (Ohio Ct. App. 2013). “Upon disposition of a juvenile as delinquent, a court may commit the juvenile to the custody of ODYS, pursuant to R.C. 2152.16. Where the court orders commitment to ODYS, “the court retains control over the commitment for the minimum period specified by the court in divisions…”
In re I.M., 2012 Ohio 3847 (Ohio Ct. App. 2012). “52(F) is contrasted with R.C. 2152.16, which sets forth the periods of commitment to DYS that apply when a juvenile court adjudicates a child delinquent for committing an act that would be considered a felony if committed by an adult.”
In re T.K., 2012 Ohio 906 (Ohio Ct. App. 2012).
In re K.E., 2018 Ohio 3100 (Ohio Ct. App. 2018).
— Ohio Rev. Code § 2152.16(B) — 2 cases
In re J.C., 2013 Ohio 2819 (Ohio Ct. App. 2013). “Upon disposition of a juvenile as delinquent, a court may commit the juvenile to the custody of ODYS, pursuant to R.C. 2152.16. Where the court orders commitment to ODYS, “the court retains control over the commitment for the minimum period specified by the court in divisions…”
In Re T.J., 872 N.E.2d 1249 (Ohio Ct. App. 2007).
— Ohio Rev. Code § 2152.16(B)(1) — 1 case
In re K.E., 2018 Ohio 3100 (Ohio Ct. App. 2018).
— Ohio Rev. Code § 2152.16(B)(2) — 2 cases
In re T.K., 2012 Ohio 906 (Ohio Ct. App. 2012).
In re K.E., 2018 Ohio 3100 (Ohio Ct. App. 2018).
— Ohio Rev. Code § 2152.16(C) — 1 case
In re H.V., 2014 Ohio 812 (Ohio 2014). “52(F) be served consecutively to his commitment for his new felonious-assault offense pursuant to R.C. 2152.16. H.V. argues that because R.”
— Ohio Rev. Code § 2152.16(d) — 1 case
Bucio v. Sutherland, 674 F. Supp. 2d 882 (S.D. Ohio 2009).
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