Ohio Rev. Code » Chapter 2152
Ohio Revised Code

Ohio Rev. Code § 2152.53 (2026)

Time periods for determination; hearing

✓ current as of May 2026
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Effective:
September 30, 2011
Latest Legislation:
House Bill 86 - 129th General Assembly
PDF:
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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 (Ohio Ct. App. 2024).
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In re L.M., 2024 Ohio 2974 (Ohio Ct. App. 2024). · 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 (Ohio Ct. App. 2024). · 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 (Ohio Ct. App. 2014). · 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 (Ohio Ct. App. 2018). “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 (Ohio Ct. App. 2025). · 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 (Ohio Ct. App. 2017). · 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 (Ohio Ct. App. 2024). “{¶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 (Ohio Ct. App. 2025). “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 (Ohio Ct. App. 2024). “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 (Ohio Ct. App. 2017). “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 (Ohio Ct. App. 2024). “{¶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 (Ohio Ct. App. 2018). “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 (Ohio Ct. App. 2024). “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 (Ohio Ct. App. 2025). “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 (Ohio Ct. App. 2017). “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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