(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, 7 N.E.3d 1173.
In re H.V., 2014-Ohio-812, 7 N.E.3d 1173. · cites it 23ד52(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, 69 N.E.3d 646. · cites it 2דR.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. · cites it 6ד{¶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. · cites it 8דUpon 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, 983 N.E.2d 302. · cites it 2דCompare 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. · cites it 4ד{¶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, 115 N.E.3d 5. · cites it 10ד{¶ 17} R.C. 2152.16 governs commitments to the youth services department for secure confinement.”
In re E.B., 2017-Ohio-1232. · cites it 5דdirects 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. · cites it 2ד16(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. · cites it 3ד{¶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. · cites it 5ד52(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. “8-20-59 sections 2152.16, 2152.19, and 2152.20 and, if applicable, section 2152.”
In re E.B., 2017-Ohio-1232. “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 H.V., 2014-Ohio-812, 7 N.E.3d 1173. “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. “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. “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, 115 N.E.3d 5. “{¶ 17} R.C. 2152.16 governs commitments to the youth services department for secure confinement.”
In re J.C., 2013-Ohio-2819. “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. “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, 7 N.E.3d 1173. “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. “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. “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. 2d Dist. 2007).
In re J.S., 2020-Ohio-3413. “{¶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. “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. “{¶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 H.V., 2014-Ohio-812, 7 N.E.3d 1173. “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.S., 2020-Ohio-3413. “{¶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. “{¶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. 7th Dist. 2003).
Ohio Rev. Code § 2152.16(A)(2): 6 cases
In re T.M., 2018-Ohio-2450, 115 N.E.3d 5. “{¶ 17} R.C. 2152.16 governs commitments to the youth services department for secure confinement.”
In re J.C., 2013-Ohio-2819. “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. “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.C., 2013-Ohio-2819. “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. 2d Dist. 2007).
In re H.V., 2014-Ohio-812, 7 N.E.3d 1173. “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.”
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