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Ohio Revised Code

Ohio Rev. Code § 2152.41 (2026)

Detention facilities

✓ current as of May 2026
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Effective:
April 3, 2003
Latest Legislation:
House Bill 400 - 124th General Assembly
PDF:
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(A) Upon the recommendation of the judge, the board of county commissioners shall provide, by purchase, lease, construction, or otherwise, a detention facility that shall be within a convenient distance of the juvenile court. The facility shall not be used for the confinement of adults charged with criminal offenses. The facility may be used to detain alleged delinquent children until final disposition for evaluation pursuant to section 2152.04 of the Revised Code, to confine children who are adjudicated delinquent children and placed in the facility pursuant to division (A)(3) of section 2152.19 of the Revised Code, and to confine children who are adjudicated juvenile traffic offenders and committed to the facility under division (A)(5) or (6) of section 2152.21 of the Revised Code.

(B) Upon the joint recommendation of the juvenile judges of two or more neighboring counties, the boards of county commissioners of the counties shall form themselves into a joint board and proceed to organize a district for the establishment and support of a detention facility for the use of the juvenile courts of those counties, in which alleged delinquent children may be detained as provided in division (A) of this section, by using a site or buildings already established in one of the counties or by providing for the purchase of a site and the erection of the necessary buildings on the site.

A child who is adjudicated to be a juvenile traffic offender for having committed a violation of division (A) of section 4511.19 of the Revised Code or of a municipal ordinance that is substantially comparable to that division may be confined in a detention facility or district detention facility pursuant to division (A)(5) of section 2152.21 of the Revised Code, provided the child is kept separate and apart from alleged delinquent children.

Except as otherwise provided by law, district detention facilities shall be established, operated, maintained, and managed in the same manner so far as applicable as county detention facilities.

Members of the board of county commissioners who meet by appointment to consider the organization of a district detention home, upon presentation of properly certified accounts, shall be paid their necessary expenses upon a warrant drawn by the county auditor of their county.

The county auditor of the county having the greatest population or, with the unanimous concurrence of the county auditors of the counties composing a district, the auditor of the county in which the detention facility is located shall be the fiscal officer of a detention facility district. The county auditors of the several counties composing a detention facility district shall meet at the district detention facility, not less than once in six months, to review accounts and to transact any other duties in connection with the institution that pertain to the business of their office.

(C) In any county in which there is no detention facility or that is not served by a district detention facility, the juvenile court may enter into a contract, subject to the approval of the board of county commissioners, with another juvenile court, another county's detention facility, or a joint county detention facility. Alternately, the board of county commissioners shall provide funds for the boarding of children, who would be eligible for detention under division (A) of this section, temporarily in private homes or in certified foster homes approved by the court for a period not exceeding sixty days or until final disposition of their cases, whichever comes first. The court also may arrange with any public children services agency or private child placing agency to receive, or private noncustodial agency for temporary care of, children within the jurisdiction of the court.

If the court arranges for the board of children temporarily detained in certified foster homes or through any private child placing agency, the county shall pay a reasonable sum to be fixed by the court for the board of those children. In order to have certified foster homes available for service, an agreed monthly subsidy may be paid and a fixed rate per day for care of children actually residing in the certified foster home.

(D) The board of county commissioners of any county within a detention facility district, upon the recommendation of the juvenile court of that county, may withdraw from the district and sell or lease its right, title, and interest in the site, buildings, furniture, and equipment of the facility to any counties in the district, at any price and upon any such terms that are agreed upon among the boards of county commissioners of the counties concerned. Section 307.10 of the Revised Code does not apply to this division. The net proceeds of any sale or lease under this division shall be paid into the treasury of the withdrawing county.

The members of the board of trustees of a district detention facility who are residents of a county withdrawing from the district are deemed to have resigned their positions upon the completion of the withdrawal procedure provided by this division. The vacancies then created shall be filled as provided in this section.

(E) The children to be admitted for care in a county or district detention facility established under this section, the period during which they shall be cared for in the facility, and the removal and transfer of children from the facility shall be determined by the juvenile court that ordered the child's detention.
Notes of Decisions
Cited in 15 cases (4 in the last 5 years), 2004–2023 · leading case: Smith v. Grady, 960 F. Supp. 2d 735 (S.D. Ohio 2013).
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Smith v. Grady, 960 F. Supp. 2d 735 (S.D. Ohio 2013). · cites it 10× “42(A) provides that “Any detention facility established under section 2152.41 of the Revised Code shall be under the direction of a superintendent.”
S.J. v. Hamilton Cnty., Ohio Hillcrest Training Sch. & William H. Hamilton, 374 F.3d 416 (6th Cir. 2004). · cites it 2× “34 (now Ohio Rev.Code § 2152.41) was “part of the juvenile court, which is an arm of the state,” and therefore was entitled to sovereign immunity.”
State v. Nicholas, 2022 Ohio 4276 (Ohio 2022). · cites it 2× “Chapter 2152, commit a delinquent child to the temporary custody of any school, camp, institution, or other facility operated for the care of delinquent children by the county, by a district organized under section 2152.41 or 2151.65 of the Revised Code, or by a private agency…”
Ortiz v. Holmes, 157 F. Supp. 3d 692 (N.D. Ohio 2016). · cites it 5× “Plaintiff points out that Ohio Rev. Code § 2152.41 requires the county commissioners to fund the construction of a juvenile detention center.”
In re D.W., 2019 Ohio 5259 (Ohio Ct. App. 2019). · cites it 2× “19(A) provides that "[i]f a child is adjudicated a delinquent child, the court may * * * [p]lace the child in a detention facility or district detention facility operated under section 2152.41 of the Revised Code, for up to ninety days," or may "[p]lace the child on community…”
In re W.P.P., 2016 Ohio 345 (Ohio Ct. App. 2016). · cites it 4× “353 of the Revised Code for the care and protection of an abused, neglected, or dependent child; (2) Commit the child to the temporary custody of any school, camp, institution, or other facility operated for the care of delinquent children by the county, by a district organized…”
State ex rel. Grendell v. Walder (Slip Opinion), 2022 Ohio 204 (Ohio 2022). “65 of the Revised Code; a combined district organized under sections 2152.41 and 2151.65 of the Revised Code; a joint-county alcohol, drug addiction, and mental 17 SUPREME COURT OF OHIO health service district; a drainage improvement district created under section 6131.”
Probst v. Cent. Ohio Youth Ctr., 511 F. Supp. 2d 862 (S.D. Ohio 2007). “”) § 2152.41. On June 25, 2004, COYC admitted Probst.”
State v. Carter, 2023 Ohio 4310 (Ohio Ct. App. 2023). · cites it 2× “Chapter 2152, the juvenile court may commit a delinquent child [t]o the temporary custody of any school, camp, institution, or other facility operated for the care of delinquent children by the county, by a district organized under section 2152.41 or 2151.65 of the Revised Code,…”
In re G.L.L., 2015 Ohio 3539 (Ohio Ct. App. 2015). · cites it 2× “19 provides, in pertinent part: {¶51} (A) If a child is adjudicated a delinquent child, the court may make any of the following orders of disposition, in addition to any other disposition authorized or required by this chapter: {¶52} * * * {¶53} (3) Place the child in a…”
In re D.P., 2019 Ohio 2752 (Ohio Ct. App. 2019). · cites it 4× “: If a child is adjudicated a delinquent child, the court may make any of the following orders of disposition, in addition to any other disposition authorized or required by this chapter: *** (2) Commit the child to the temporary custody of any school, camp, institution, or…”
Thernes v. United Local Sch. Dist. Bd. of Edn., 2011 Ohio 6216 (Ohio Ct. App. 2011). · cites it 4× “362 effective October 9, 2006) which allocated the cost of educating a child who had been removed from their resident school district: {¶8} “Whenever a child is placed in a detention facility established under section 2152.41 of the Revised Code or a juvenile facility…”
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— Ohio Rev. Code § 2152.41(A) — 2 cases
Smith v. Grady, 960 F. Supp. 2d 735 (S.D. Ohio 2013). “42(A) provides that “Any detention facility established under section 2152.41 of the Revised Code shall be under the direction of a superintendent.”
Ortiz v. Holmes, 157 F. Supp. 3d 692 (N.D. Ohio 2016). “Plaintiff points out that Ohio Rev. Code § 2152.41 requires the county commissioners to fund the construction of a juvenile detention center.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.