Ohio Rev. Code » Chapter 2152
Ohio Revised Code

Ohio Rev. Code § 2152.17 (2026)

Committing delinquent child to youth services department if guilty of specification

✓ current as of May 2026
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Effective:
September 14, 2016
Latest Legislation:
Senate Bill 97 - 131st General Assembly
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(A) Subject to division (D) of this section, if a child is adjudicated a delinquent child for committing an act, other than a violation of section 2923.12 of the Revised Code, that would be a felony if committed by an adult and if the court determines that, if the child was an adult, the child would be guilty of a specification of the type set forth in section 2941.141, 2941.144, 2941.145, 2941.146, 2941.1412, 2941.1414, or 2941.1415 of the Revised Code, in addition to any commitment or other disposition the court imposes for the underlying delinquent act, all of the following apply:

(1) If the court determines that the child would be guilty of a specification of the type set forth in section 2941.141 of the Revised Code, the court may commit the child to the department of youth services for the specification for a definite period of up to one year.

(2) If the court determines that the child would be guilty of a specification of the type set forth in section 2941.145 of the Revised Code or if the delinquent act is a violation of division (A)(1) or (2) of section 2903.06 of the Revised Code and the court determines that the child would be guilty of a specification of the type set forth in section 2941.1415 of the Revised Code, the court shall commit the child to the department of youth services for the specification for a definite period of not less than one and not more than three years, and the court also shall commit the child to the department for the underlying delinquent act under sections 2152.11 to 2152.16 of the Revised Code.

(3) If the court determines that the child would be guilty of a specification of the type set forth in section 2941.144, 2941.146, or 2941.1412 of the Revised Code or if the delinquent act is a violation of division (A)(1) or (2) of section 2903.06 of the Revised Code and the court determines that the child would be guilty of a specification of the type set forth in section 2941.1414 of the Revised Code, the court shall commit the child to the department of youth services for the specification for a definite period of not less than one and not more than five years, and the court also shall commit the child to the department for the underlying delinquent act under sections 2152.11 to 2152.16 of the Revised Code.

(B)(1) If a child is adjudicated a delinquent child for committing an act, other than a violation of section 2923.12 of the Revised Code, that would be a felony if committed by an adult, if the court determines that the child is complicit in another person's conduct that is of such a nature that the other person would be guilty of a specification of the type set forth in section 2941.141, 2941.144, 2941.145, or 2941.146 of the Revised Code if the other person was an adult, if the other person's conduct relates to the child's underlying delinquent act, and if the child did not furnish, use, or dispose of any firearm that was involved with the underlying delinquent act or with the other person's specification-related conduct, in addition to any other disposition the court imposes for the underlying delinquent act, the court may commit the child to the department of youth services for the specification for a definite period of not more than one year, subject to division (D)(2) of this section.

(2) Except as provided in division (B)(1) of this section, division (A) of this section also applies to a child who is an accomplice regarding a specification of the type set forth in section 2941.1412, 2941.1414, or 2941.1415 of the Revised Code to the same extent the specifications would apply to an adult accomplice in a criminal proceeding.

(C) If a child is adjudicated a delinquent child for committing an act that would be aggravated murder, murder, or a first, second, or third degree felony offense of violence if committed by an adult and if the court determines that, if the child was an adult, the child would be guilty of a specification of the type set forth in section 2941.142 of the Revised Code in relation to the act for which the child was adjudicated a delinquent child, the court shall commit the child for the specification to the legal custody of the department of youth services for institutionalization in a secure facility for a definite period of not less than one and not more than three years, subject to division (D)(2) of this section, and the court also shall commit the child to the department for the underlying delinquent act.

(D)(1) If the child is adjudicated a delinquent child for committing an act that would be an offense of violence that is a felony if committed by an adult and is committed to the legal custody of the department of youth services pursuant to division (A)(1) of section 2152.16 of the Revised Code and if the court determines that the child, if the child was an adult, would be guilty of a specification of the type set forth in section 2941.1411 of the Revised Code in relation to the act for which the child was adjudicated a delinquent child, the court may commit the child to the custody of the department of youth services for institutionalization in a secure facility for up to two years, subject to division (D)(2) of this section.

(2) A court that imposes a period of commitment under division (A) of this section is not precluded from imposing an additional period of commitment under division (C) or (D)(1) of this section, a court that imposes a period of commitment under division (C) of this section is not precluded from imposing an additional period of commitment under division (A) or (D)(1) of this section, and a court that imposes a period of commitment under division (D)(1) of this section is not precluded from imposing an additional period of commitment under division (A) or (C) of this section.

(E) The court shall not commit a child to the legal custody of the department of youth services for a specification pursuant to this section for a period that exceeds five years for any one delinquent act. Any commitment imposed pursuant to division (A), (B), (C), or (D)(1) of this section shall be in addition to, and shall be served consecutively with and prior to, a period of commitment ordered under this chapter for the underlying delinquent act, and each commitment imposed pursuant to division (A), (B), (C), or (D)(1) of this section shall be in addition to, and shall be served consecutively with, any other period of commitment imposed under those divisions. If a commitment is imposed under division (A) or (B) of this section and a commitment also is imposed under division (C) of this section, the period imposed under division (A) or (B) of this section shall be served prior to the period imposed under division (C) of this section.

In each case in which a court makes a disposition under this section, the court retains control over the commitment for the entire period of the commitment.

The total of all the periods of commitment imposed for any specification under this section and for the underlying offense shall not exceed the child's attainment of twenty-one years of age.

(F) If a child is adjudicated a delinquent child for committing two or more acts that would be felonies if committed by an adult and if the court entering the delinquent child adjudication orders the commitment of the child for two or more of those acts to the legal custody of the department of youth services for institutionalization in a secure facility pursuant to section 2152.13 or 2152.16 of the Revised Code, the court may order that all of the periods of commitment imposed under those sections for those acts be served consecutively in the legal custody of the department of youth services, provided that those periods of commitment shall be in addition to and commence immediately following the expiration of a period of commitment that the court imposes pursuant to division (A), (B), (C), or (D)(1) of this section. A court shall not commit a delinquent child to the legal custody of the department of youth services under this division for a period that exceeds the child's attainment of twenty-one years of age.
Notes of Decisions
Cited in 47 cases (11 in the last 5 years), 2005–2026 · 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 22× “that R.C. 2152.17 does not apply in this case; however, we disagree with his assertion that because R.”
In re J.T., 2017 Ohio 7723 (Ohio Ct. App. 2017). · cites it 15× “contends that R.C. 2152.17(A), which allows a firearm specification to enhance a juvenile’s having weapons while under disability adjudication, fails to provide him the same double jeopardy rights that adults enjoy under R.”
In re D.C., 2019 Ohio 4860 (Ohio Ct. App. 2019). · cites it 7× “First, he argues that the mandatory nature of R.C. 2152.17 removes the judge’s ability to exercise discretion, thereby violating the Due Process Clauses of the Fourteenth Amendment to the United States Constitution, and Article I, Section 16 of the Ohio Constitution.”
State ex rel. M.A. v. Reed, 2016 Ohio 3079 (Ohio Ct. App. 2016). · cites it 13× “R.C. 2152.17 speaks to the commitment of juvenile offenders for an act that would constitute a firearm specification if the offender were an adult.”
In Re A.G., 2016 Ohio 3306 (Ohio 2016). · cites it 2× “Moreover, R.C. 2152.17(F) vests the juvenile court with discretion to impose separate consecutive commitments to DYS in these circumstances, as long as the total commitment does not exceed the child’s attainment of 21 years of age.”
In re E.B., 2016 Ohio 1507 (Ohio Ct. App. 2016). · cites it 5× “R.C. 2152.17. {¶17} Here, the magistrate determined that E.”
In re D. P., 2014 Ohio 467 (Ohio Ct. App. 2014). · cites it 5× “{¶8} R.C. 2152.17(A)(2) provides that, if the juvenile, were he an adult: would be guilty of a specification of the type set forth in section 2941.”
In re C.M., 2013 Ohio 5426 (Ohio Ct. App. 2013). · cites it 5× “” {¶66} R.C. 2152.17 governs commitments for specifications in juvenile cases, and provides in part as follows: (A) Subject to division (D) of this section, if a child is adjudicated a delinquent child for committing an act, other than a violation of section 2923.”
In re D.P., 2014 Ohio 5414 (Ohio Ct. App. 2014). · cites it 3× “’s commitment to DYS was mandatory under the plain language of R.C. 2152.17(A)(2), which provides that If a juvenile, were he an adult, * * * would be guilty of a specification of the type set forth in R.”
In re J.G., 2021 Ohio 1624 (Ohio Ct. App. 2021). · cites it 2× “20 and, if applicable, section 2152.17 of the Revised Code. (iii) The juvenile court shall stay the adult portion of the serious youthful offender dispositional sentence pending the successful completion of the traditional juvenile dispositions imposed.”
In Re Chappell, 843 N.E.2d 823 (Ohio Ct. App. 2005). · cites it 2× “*633 ASSIGNMENT OF ERROR {¶ 6} “R.C. 2152.17(F) violates the Equal Protection Clause of the Fourteenth Amendment to the United States Constitution and Article I, Section 2 of the Ohio Constitution because it does not require the juvenile court to make any findings before it…”
In re D.L., 2018 Ohio 2161 (Ohio Ct. App. 2018). · cites it 8× “{¶9} Dispositions for juvenile specifications are governed by R.C. 2152.17. Under R.C. 2152.17(A)(2), if the juvenile court finds that the child used a weapon to facilitate the offense, then “the court shall commit the child to the department of youth services for the…”
Show all 47 citing cases →
— Ohio Rev. Code § 2152.17(A) — 3 cases
In re J.T., 2017 Ohio 7723 (Ohio Ct. App. 2017). “contends that R.C. 2152.17(A), which allows a firearm specification to enhance a juvenile’s having weapons while under disability adjudication, fails to provide him the same double jeopardy rights that adults enjoy under R.”
In re D.C., 2019 Ohio 4860 (Ohio Ct. App. 2019). “First, he argues that the mandatory nature of R.C. 2152.17 removes the judge’s ability to exercise discretion, thereby violating the Due Process Clauses of the Fourteenth Amendment to the United States Constitution, and Article I, Section 16 of the Ohio Constitution.”
In re K.S., 2012 Ohio 2388 (Ohio Ct. App. 2012).
— Ohio Rev. Code § 2152.17(A)(1) — 1 case
In re L.W., 2012 Ohio 5796 (Ohio Ct. App. 2012).
— Ohio Rev. Code § 2152.17(A)(2) — 12 cases
In re D.C., 2019 Ohio 4860 (Ohio Ct. App. 2019). “First, he argues that the mandatory nature of R.C. 2152.17 removes the judge’s ability to exercise discretion, thereby violating the Due Process Clauses of the Fourteenth Amendment to the United States Constitution, and Article I, Section 16 of the Ohio Constitution.”
In re D. P., 2014 Ohio 467 (Ohio Ct. App. 2014). “{¶8} R.C. 2152.17(A)(2) provides that, if the juvenile, were he an adult: would be guilty of a specification of the type set forth in section 2941.”
State ex rel. M.A. v. Reed, 2016 Ohio 3079 (Ohio Ct. App. 2016). “R.C. 2152.17 speaks to the commitment of juvenile offenders for an act that would constitute a firearm specification if the offender were an adult.”
In re D.P., 2014 Ohio 5414 (Ohio Ct. App. 2014). “’s commitment to DYS was mandatory under the plain language of R.C. 2152.17(A)(2), which provides that If a juvenile, were he an adult, * * * would be guilty of a specification of the type set forth in R.”
In Re B.H., 2018 Ohio 3350 (Ohio Ct. App. 2018).
— Ohio Rev. Code § 2152.17(A)(3) — 3 cases
In re J.T., 2017 Ohio 7723 (Ohio Ct. App. 2017). “contends that R.C. 2152.17(A), which allows a firearm specification to enhance a juvenile’s having weapons while under disability adjudication, fails to provide him the same double jeopardy rights that adults enjoy under R.”
In re K.S., 2012 Ohio 2388 (Ohio Ct. App. 2012).
In re C.M., 2013 Ohio 5426 (Ohio Ct. App. 2013). “” {¶66} R.C. 2152.17 governs commitments for specifications in juvenile cases, and provides in part as follows: (A) Subject to division (D) of this section, if a child is adjudicated a delinquent child for committing an act, other than a violation of section 2923.”
— Ohio Rev. Code § 2152.17(B)(1) — 4 cases
In re E.B., 2016 Ohio 1507 (Ohio Ct. App. 2016). “R.C. 2152.17. {¶17} Here, the magistrate determined that E.”
In Re B.H., 2018 Ohio 3350 (Ohio Ct. App. 2018).
In re D.T.C., 2022 Ohio 1505 (Ohio Ct. App. 2022).
In re J.M., 2020 Ohio 5498 (Ohio Ct. App. 2020).
— Ohio Rev. Code § 2152.17(B)(2) — 3 cases
In re C.M., 2013 Ohio 5426 (Ohio Ct. App. 2013). “” {¶66} R.C. 2152.17 governs commitments for specifications in juvenile cases, and provides in part as follows: (A) Subject to division (D) of this section, if a child is adjudicated a delinquent child for committing an act, other than a violation of section 2923.”
In re L.W., 2013 Ohio 5735 (Ohio Ct. App. 2013).
In re D.T.C., 2022 Ohio 1505 (Ohio Ct. App. 2022).
— Ohio Rev. Code § 2152.17(E) — 8 cases
In re H.V., 2014 Ohio 812 (Ohio 2014). “that R.C. 2152.17 does not apply in this case; however, we disagree with his assertion that because R.”
In re D.L., 2018 Ohio 2161 (Ohio Ct. App. 2018). “{¶9} Dispositions for juvenile specifications are governed by R.C. 2152.17. Under R.C. 2152.17(A)(2), if the juvenile court finds that the child used a weapon to facilitate the offense, then “the court shall commit the child to the department of youth services for the…”
State ex rel. M.A. v. Reed, 2016 Ohio 3079 (Ohio Ct. App. 2016). “R.C. 2152.17 speaks to the commitment of juvenile offenders for an act that would constitute a firearm specification if the offender were an adult.”
In re C.M., 2013 Ohio 5426 (Ohio Ct. App. 2013). “” {¶66} R.C. 2152.17 governs commitments for specifications in juvenile cases, and provides in part as follows: (A) Subject to division (D) of this section, if a child is adjudicated a delinquent child for committing an act, other than a violation of section 2923.”
In Re B.H., 2018 Ohio 3350 (Ohio Ct. App. 2018).
— Ohio Rev. Code § 2152.17(F) — 15 cases
In re H.V., 2014 Ohio 812 (Ohio 2014). “that R.C. 2152.17 does not apply in this case; however, we disagree with his assertion that because R.”
In Re A.G., 2016 Ohio 3306 (Ohio 2016). “Moreover, R.C. 2152.17(F) vests the juvenile court with discretion to impose separate consecutive commitments to DYS in these circumstances, as long as the total commitment does not exceed the child’s attainment of 21 years of age.”
In re J.T., 2017 Ohio 7723 (Ohio Ct. App. 2017). “contends that R.C. 2152.17(A), which allows a firearm specification to enhance a juvenile’s having weapons while under disability adjudication, fails to provide him the same double jeopardy rights that adults enjoy under R.”
In Re Chappell, 843 N.E.2d 823 (Ohio Ct. App. 2005). “*633 ASSIGNMENT OF ERROR {¶ 6} “R.C. 2152.17(F) violates the Equal Protection Clause of the Fourteenth Amendment to the United States Constitution and Article I, Section 2 of the Ohio Constitution because it does not require the juvenile court to make any findings before it…”
In re H.V., 2012 Ohio 3742 (Ohio Ct. App. 2012).
— Ohio Rev. Code § 2152.17(G) — 2 cases
In re H.V., 2014 Ohio 812 (Ohio 2014). “that R.C. 2152.17 does not apply in this case; however, we disagree with his assertion that because R.”
In re G.L.L., 2015 Ohio 3539 (Ohio Ct. App. 2015).
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