(A)(1) In any proceeding under this chapter other than a proceeding alleging that a child is an unruly child or a juvenile traffic offender, any party or the court may move for a determination regarding the child's competency to participate in the proceeding.
(2) In any proceeding under this chapter other than a proceeding alleging that a child is an unruly child or a juvenile traffic offender, if the child who is the subject of the proceeding is fourteen years of age or older and if the child is not otherwise found to have a mental illness or developmental disability, it is rebuttably presumed that the child does not have a lack of mental capacity. This presumption applies only in making a determination as to whether the child has a lack of mental capacity and shall not be used or applicable for any other purpose.
(B) The court may find a child incompetent to proceed without ordering an evaluation of the child's competency or holding a hearing to determine the child's competency if either of the following applies:
(1) The prosecuting attorney, the child's attorney, and at least one of the child's parents, guardians, or custodians agree to the determination.
(2) The court relies on a prior court determination that the child was incompetent and could not attain competency even if the child were to participate in competency attainment services.
Notes of Decisions
Cited in 12
cases (6 in the last 5 years), 2013–2026 · leading case: State v. D.T., 2024-Ohio-4482.
State v. D.T., 2024-Ohio-4482. · cites it 4דR.C. 2152.52(A) states: “In any proceeding under this chapter other than a proceeding alleging that a child is an unruly child or a juvenile traffic offender, any party or the court may move for a determination regarding the child’s competency to participate in the proceeding.”
In re L.M., 2024-Ohio-2974, 249 N.E.3d 388. · cites it 3ד{¶16} R.C. 2152.52(A) states: In any proceeding under this chapter other than a proceeding alleging that a child is an unruly child or a juvenile traffic offender, any party or the court may move for a determination regarding the child’s competency to participate in the…”
State v. Watkins, 2018-Ohio-46. “{¶ 12} Watkins contends the juvenile court erred by making findings unsupported by the record in its consideration of the factors favoring and against transfer pursuant to R.C. 2152.52(D) and (E). In turn, Watkins argues this failure resulted in the juvenile court abusing its…”
In re A.H., 2018-Ohio-364. “R.C. 2152.52(A)(1) permits "any party or the court to move for a determination regarding the child's competency to participate in the proceeding.”
In re E.H., 2016-Ohio-1186. “{¶ 4} The state sought to amend the charge to habitual truancy, which it described as a "lesser included offense," because the juvenile competency statute, R.C. 2152.52(A)(1), expressly precludes the ordering of a competency hearing for an unruly child.”
State v. S.B., 2024-Ohio-2080, 245 N.E.3d 355. “Instead, counsel cited R.C. 2152.52 and 2945.40, which concerns a juvenile or adult defendant’s qualifications for a competency evaluation.”
In re T.L., 2013-Ohio-3356. · cites it 7ד51, R.C. 2152.52, R.C. 2152.58, THE FIFTH AND FOURTEENTH AMENDMENTS TO THE UNITED STATES CONSTITUTION, AND ARTICLE I, SECTION 16 OF THE OHIO CONSTITUTION.”
In re D.L., 2017-Ohio-2823. “But see R.C. 2152.52(A)(2). Appellant in the case sub judice does not dispute that Dr.”
In re J.A.T., 2023-Ohio-1854. “” {¶24} R.C. 2152.52(D)(6) requires the juvenile court to consider “[t]he results of any treatment provided to the child.”
In re J.D., 2025-Ohio-746. “Pursuant to R.C. 2152.52(A)(1), “[i]n any proceeding under this chapter .”
In re J.S., 2017-Ohio-6898. · cites it 2דAs provided by R.C. 2152.52(A)(1), except in juvenile proceedings alleging that a child is an unruly child Stark County, Case No.”
In re O.J., 2026-Ohio-354. · cites it 2ד), citing R.C. 2152.52(A) and 2152.53(B). See also D.”
Ohio Rev. Code § 2152.52(A): 3 cases
State v. D.T., 2024-Ohio-4482. “R.C. 2152.52(A) states: “In any proceeding under this chapter other than a proceeding alleging that a child is an unruly child or a juvenile traffic offender, any party or the court may move for a determination regarding the child’s competency to participate in the proceeding.”
In re L.M., 2024-Ohio-2974, 249 N.E.3d 388. “{¶16} R.C. 2152.52(A) states: In any proceeding under this chapter other than a proceeding alleging that a child is an unruly child or a juvenile traffic offender, any party or the court may move for a determination regarding the child’s competency to participate in the…”
In re O.J., 2026-Ohio-354. “), citing R.C. 2152.52(A) and 2152.53(B). See also D.”
Ohio Rev. Code § 2152.52(A)(1): 6 cases
In re A.H., 2018-Ohio-364. “R.C. 2152.52(A)(1) permits "any party or the court to move for a determination regarding the child's competency to participate in the proceeding.”
State v. D.T., 2024-Ohio-4482. “R.C. 2152.52(A) states: “In any proceeding under this chapter other than a proceeding alleging that a child is an unruly child or a juvenile traffic offender, any party or the court may move for a determination regarding the child’s competency to participate in the proceeding.”
In re E.H., 2016-Ohio-1186. “{¶ 4} The state sought to amend the charge to habitual truancy, which it described as a "lesser included offense," because the juvenile competency statute, R.C. 2152.52(A)(1), expressly precludes the ordering of a competency hearing for an unruly child.”
In re J.D., 2025-Ohio-746. “Pursuant to R.C. 2152.52(A)(1), “[i]n any proceeding under this chapter .”
In re J.S., 2017-Ohio-6898. “As provided by R.C. 2152.52(A)(1), except in juvenile proceedings alleging that a child is an unruly child Stark County, Case No.”
Ohio Rev. Code § 2152.52(A)(2): 5 cases
In re L.M., 2024-Ohio-2974, 249 N.E.3d 388. “{¶16} R.C. 2152.52(A) states: In any proceeding under this chapter other than a proceeding alleging that a child is an unruly child or a juvenile traffic offender, any party or the court may move for a determination regarding the child’s competency to participate in the…”
State v. D.T., 2024-Ohio-4482. “R.C. 2152.52(A) states: “In any proceeding under this chapter other than a proceeding alleging that a child is an unruly child or a juvenile traffic offender, any party or the court may move for a determination regarding the child’s competency to participate in the proceeding.”
In re T.L., 2013-Ohio-3356. “51, R.C. 2152.52, R.C. 2152.58, THE FIFTH AND FOURTEENTH AMENDMENTS TO THE UNITED STATES CONSTITUTION, AND ARTICLE I, SECTION 16 OF THE OHIO CONSTITUTION.”
In re D.L., 2017-Ohio-2823. “But see R.C. 2152.52(A)(2). Appellant in the case sub judice does not dispute that Dr.”
In re J.S., 2017-Ohio-6898. “As provided by R.C. 2152.52(A)(1), except in juvenile proceedings alleging that a child is an unruly child Stark County, Case No.”
Ohio Rev. Code § 2152.52(D): 1 case
State v. Watkins, 2018-Ohio-46. “{¶ 12} Watkins contends the juvenile court erred by making findings unsupported by the record in its consideration of the factors favoring and against transfer pursuant to R.C. 2152.52(D) and (E). In turn, Watkins argues this failure resulted in the juvenile court abusing its…”
Ohio Rev. Code § 2152.52(D)(6): 1 case
In re J.A.T., 2023-Ohio-1854. “” {¶24} R.C. 2152.52(D)(6) requires the juvenile court to consider “[t]he results of any treatment provided to the child.”
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