Ohio Rev. Code » Chapter 2152
Ohio Revised Code

Ohio Rev. Code § 2152.53 (2026)

Time periods for determination; hearing

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Effective:
September 30, 2011
Latest Legislation:
House Bill 86 - 129th General Assembly
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(A) Within fifteen business days after a motion is made under section 2152.52 of the Revised Code, the court shall do one of the following:

(1) Make a determination of incompetency under division (B) of section 2152.52 of the Revised Code;

(2) Determine, without holding a hearing, whether there is a reasonable basis to conduct a competency evaluation;

(3) Hold a hearing to determine whether there is a reasonable basis to conduct a competency evaluation.

(B) If the court holds a hearing, it shall make its determination within ten business days after the conclusion of the hearing. If the court determines that there is a reasonable basis for a competency evaluation or if the prosecuting attorney and the child's attorney agree to an evaluation, the court shall order a competency evaluation and appoint an evaluator.
Notes of Decisions
Cited in 6 cases (3 in the last 5 years), 2014–2025 · leading case: In re L.M., 2024-Ohio-2974, 249 N.E.3d 388.
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In re L.M., 2024-Ohio-2974, 249 N.E.3d 388. · cites it 4× “{¶17} Pursuant to R.C. 2152.53(A), a court must, within 15 business days after 6 OHIO FIRST DISTRICT COURT OF APPEALS a motion is made for a competency determination, do one of the following: (1) Make a determination of incompetency under division (B) of section 2152.”
State v. D.T., 2024-Ohio-4482. · cites it 3× “R.C. 2152.53(A)(3). If the juvenile court determines there is a reasonable basis to conduct a competency evaluation (or the prosecuting attorney and the child’s attorney agree to the evaluation), the juvenile court “shall order a competency evaluation” and appoint a qualified…”
In re S.D., 2014-Ohio-2528. · cites it 2× “{¶27} R.C. 2152.53 sets forth the steps that are required when a question of competency is raised.”
In re A.H., 2018-Ohio-364. “R.C. 2152.53(B). The evaluator must comply with the -6- Brown CA2017-05-005 requirements set forth in R.”
In re J.D., 2025-Ohio-746. · cites it 2× “R.C. 2152.53(A). “If the court holds a hearing, it shall make its determination within ten business days after the conclusion of the hearing.”
In re J.S., 2017-Ohio-6898. · cites it 2× “R.C. 2152.53(A)(3). Thereafter, if the juvenile court finds there is a reasonable basis to conduct such an evaluation, or if the prosecuting attorney and the subject child's attorney agree to the evaluation, the juvenile court “shall order a competency evaluation and appoint an…”
Ohio Rev. Code § 2152.53(A): 2 cases
In re L.M., 2024-Ohio-2974, 249 N.E.3d 388. “{¶17} Pursuant to R.C. 2152.53(A), a court must, within 15 business days after 6 OHIO FIRST DISTRICT COURT OF APPEALS a motion is made for a competency determination, do one of the following: (1) Make a determination of incompetency under division (B) of section 2152.”
In re J.D., 2025-Ohio-746. “R.C. 2152.53(A). “If the court holds a hearing, it shall make its determination within ten business days after the conclusion of the hearing.”
Ohio Rev. Code § 2152.53(A)(3): 2 cases
State v. D.T., 2024-Ohio-4482. “R.C. 2152.53(A)(3). If the juvenile court determines there is a reasonable basis to conduct a competency evaluation (or the prosecuting attorney and the child’s attorney agree to the evaluation), the juvenile court “shall order a competency evaluation” and appoint a qualified…”
In re J.S., 2017-Ohio-6898. “R.C. 2152.53(A)(3). Thereafter, if the juvenile court finds there is a reasonable basis to conduct such an evaluation, or if the prosecuting attorney and the subject child's attorney agree to the evaluation, the juvenile court “shall order a competency evaluation and appoint an…”
Ohio Rev. Code § 2152.53(B): 5 cases
In re L.M., 2024-Ohio-2974, 249 N.E.3d 388. “{¶17} Pursuant to R.C. 2152.53(A), a court must, within 15 business days after 6 OHIO FIRST DISTRICT COURT OF APPEALS a motion is made for a competency determination, do one of the following: (1) Make a determination of incompetency under division (B) of section 2152.”
In re A.H., 2018-Ohio-364. “R.C. 2152.53(B). The evaluator must comply with the -6- Brown CA2017-05-005 requirements set forth in R.”
State v. D.T., 2024-Ohio-4482. “R.C. 2152.53(A)(3). If the juvenile court determines there is a reasonable basis to conduct a competency evaluation (or the prosecuting attorney and the child’s attorney agree to the evaluation), the juvenile court “shall order a competency evaluation” and appoint a qualified…”
In re J.D., 2025-Ohio-746. “R.C. 2152.53(A). “If the court holds a hearing, it shall make its determination within ten business days after the conclusion of the hearing.”
In re J.S., 2017-Ohio-6898. “R.C. 2152.53(A)(3). Thereafter, if the juvenile court finds there is a reasonable basis to conduct such an evaluation, or if the prosecuting attorney and the subject child's attorney agree to the evaluation, the juvenile court “shall order a competency evaluation and appoint an…”
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