(A) Not less than fifteen nor more than thirty business days after receiving an evaluation under division (A) of section 2152.57 of the Revised Code or not less than fifteen nor more than thirty business days after receiving an additional evaluation under division (E) of that section, the court shall hold a hearing to determine the child's competency to participate in the proceeding.
(B) At a hearing held under this section, a competency assessment report may be admitted into evidence by stipulation. If the court contacts the evaluator to obtain clarification of the report contents, the court shall promptly inform all parties and allow each party to participate in each contact.
(C) In determining the competency of the child to participate in the proceeding, the court shall consider the content of all competency assessment reports admitted as evidence. The court may consider additional evidence, including the court's own observations of the child's conduct and demeanor in the courtroom.
(D)(1) Except as otherwise provided in this division, the court shall make a written determination as to the child's competency or incompetency based on a preponderance of the evidence within fifteen business days after completion of the hearing. The court, by journal entry, may extend the period for making the determination for not more than fifteen additional days. If the court extends the period for making the determination, it shall make the written determination within the period as extended.
(2) The court shall not find a child incompetent to proceed solely because the child is receiving or has received treatment as a voluntary or involuntary mentally ill patient under Chapter 5122. of the Revised Code, is or has been institutionalized under Chapter 5123. of the Revised Code, or is receiving or has received psychotropic or other medication, even if the child might become incompetent to proceed without that medication.
Notes of Decisions
Cited in 12
cases (4 in the last 5 years), 2013–2025 · leading case: State v. D.T., 2024-Ohio-4482.
State v. D.T., 2024-Ohio-4482. · cites it 19ד’s competency as required under R.C. 2152.58. In addition, we find that there is insufficient information in the record regarding the juvenile court’s reasoning when ordering D.”
In re A.H., 2018-Ohio-364. · cites it 12דWAS DENIED HIS RIGHT TO DUE PROCESS OF LAW WHEN THE -5- Brown CA2017-05-005 JUVENILE COURT FAILED TO ISSUE A WRITTEN COMPETENCY DETERMINATION, IN VIOLATION OF R.C. 2152.58; THE FOURTEENTH AMENDMENT TO THE UNITED STATES CONSTITUTION; AND ARTICLE, 1, SECTION 16 OF THE OHIO…”
In re K.A., 2017-Ohio-6979. · cites it 6דwas denied his right to due process of law when the juvenile court failed to hold a hearing to determine competency and failed to issue a written competency determination, in violation of R.C. 2152.58, the Fourteenth Amendment to the United States Constitution, and Article I,…”
In re Andrew W., 2014-Ohio-1576. · cites it 8דAssignments of error are as follows: I {¶6} "ANDREW WAS DENIED HIS RIGHT TO DUE PROCESS OF LAW WHEN THE JUVENILE COURT FAILED TO HOLD A HEARING TO DETERMINE COMPETENCY AND FAILED TO ISSUE A WRITTEN COMPETENCY DETERMINATION, IN VIOLATION OF R.C. 2152.58, THE FOURTEENETH AMENDMENT…”
In re R.H., 2013-Ohio-1030. · cites it 3דR.C. 2152.58. Furthermore, when determining competency, the trial court is allowed to consider additional evidence beyond the competency assessment, including the court’s own observations of the child’s conduct and demeanor.”
In re S.D., 2014-Ohio-2528. · cites it 2ד57(A); the court conducted the competency hearing thirty-six calendar days after the evaluation was performed, but on the same day it was submitted to the court in violation of R.C. 2152.58(A); and, the court made a written determination of S.”
In re L.M., 2024-Ohio-2974, 249 N.E.3d 388. “R.C. 2152.58(D)(2) states, in relevant part: The court shall not find a child incompetent to proceed solely because the child is receiving or has received treatment as a voluntary or involuntary mentally ill patient * * *, is or has been institutionalized * * *, or is receiving…”
In re T.D.S., 2022-Ohio-525. “CA2017-05-005, 2018-Ohio-364, ¶ 13 , citing R.C. 2152.58(A). In this case, T.D.S.’s sole claim is that the trial court committed prejudicial error by finding him competent to stand trial despite what T.”
In re J.D., 2025-Ohio-746. · cites it 7ד57, R.C. 2152.58, and R.C. 2152.59. III. The juvenile court abused its discretion when it allowed J.”
In re T.L., 2013-Ohio-3356. · cites it 2ד52, 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 A.W., 2015-Ohio-3463. “On April 14, 2014, this Court found that the trial court erred in failing to hold a hearing and issue a written determination as to competency under R.C. 2152.58, found the remaining assignments of error moot, and reversed and remanded to the trial court to conduct a competency…”
In re J.S., 2017-Ohio-6898. · cites it 3ד” R.C. 2152.58(A). During this time, “a competency assessment report may be admitted into Stark County, Case No.”
Ohio Rev. Code § 2152.58(A): 8 cases
State v. D.T., 2024-Ohio-4482. “’s competency as required under R.C. 2152.58. In addition, we find that there is insufficient information in the record regarding the juvenile court’s reasoning when ordering D.”
In re K.A., 2017-Ohio-6979. “was denied his right to due process of law when the juvenile court failed to hold a hearing to determine competency and failed to issue a written competency determination, in violation of R.C. 2152.58, the Fourteenth Amendment to the United States Constitution, and Article I,…”
In re A.H., 2018-Ohio-364. “WAS DENIED HIS RIGHT TO DUE PROCESS OF LAW WHEN THE -5- Brown CA2017-05-005 JUVENILE COURT FAILED TO ISSUE A WRITTEN COMPETENCY DETERMINATION, IN VIOLATION OF R.C. 2152.58; THE FOURTEENTH AMENDMENT TO THE UNITED STATES CONSTITUTION; AND ARTICLE, 1, SECTION 16 OF THE OHIO…”
In re Andrew W., 2014-Ohio-1576. “Assignments of error are as follows: I {¶6} "ANDREW WAS DENIED HIS RIGHT TO DUE PROCESS OF LAW WHEN THE JUVENILE COURT FAILED TO HOLD A HEARING TO DETERMINE COMPETENCY AND FAILED TO ISSUE A WRITTEN COMPETENCY DETERMINATION, IN VIOLATION OF R.C. 2152.58, THE FOURTEENETH AMENDMENT…”
In re S.D., 2014-Ohio-2528. “57(A); the court conducted the competency hearing thirty-six calendar days after the evaluation was performed, but on the same day it was submitted to the court in violation of R.C. 2152.58(A); and, the court made a written determination of S.”
Ohio Rev. Code § 2152.58(B): 1 case
In re J.S., 2017-Ohio-6898. “” R.C. 2152.58(A). During this time, “a competency assessment report may be admitted into Stark County, Case No.”
Ohio Rev. Code § 2152.58(C): 4 cases
In re A.H., 2018-Ohio-364. “WAS DENIED HIS RIGHT TO DUE PROCESS OF LAW WHEN THE -5- Brown CA2017-05-005 JUVENILE COURT FAILED TO ISSUE A WRITTEN COMPETENCY DETERMINATION, IN VIOLATION OF R.C. 2152.58; THE FOURTEENTH AMENDMENT TO THE UNITED STATES CONSTITUTION; AND ARTICLE, 1, SECTION 16 OF THE OHIO…”
State v. D.T., 2024-Ohio-4482. “’s competency as required under R.C. 2152.58. In addition, we find that there is insufficient information in the record regarding the juvenile court’s reasoning when ordering D.”
In re R.H., 2013-Ohio-1030. “R.C. 2152.58. Furthermore, when determining competency, the trial court is allowed to consider additional evidence beyond the competency assessment, including the court’s own observations of the child’s conduct and demeanor.”
In re J.S., 2017-Ohio-6898. “” R.C. 2152.58(A). During this time, “a competency assessment report may be admitted into Stark County, Case No.”
Ohio Rev. Code § 2152.58(D): 2 cases
In re S.D., 2014-Ohio-2528. “57(A); the court conducted the competency hearing thirty-six calendar days after the evaluation was performed, but on the same day it was submitted to the court in violation of R.C. 2152.58(A); and, the court made a written determination of S.”
In re J.D., 2025-Ohio-746. “57, R.C. 2152.58, and R.C. 2152.59. III. The juvenile court abused its discretion when it allowed J.”
Ohio Rev. Code § 2152.58(D)(1): 3 cases
In re A.H., 2018-Ohio-364. “WAS DENIED HIS RIGHT TO DUE PROCESS OF LAW WHEN THE -5- Brown CA2017-05-005 JUVENILE COURT FAILED TO ISSUE A WRITTEN COMPETENCY DETERMINATION, IN VIOLATION OF R.C. 2152.58; THE FOURTEENTH AMENDMENT TO THE UNITED STATES CONSTITUTION; AND ARTICLE, 1, SECTION 16 OF THE OHIO…”
In re Andrew W., 2014-Ohio-1576. “Assignments of error are as follows: I {¶6} "ANDREW WAS DENIED HIS RIGHT TO DUE PROCESS OF LAW WHEN THE JUVENILE COURT FAILED TO HOLD A HEARING TO DETERMINE COMPETENCY AND FAILED TO ISSUE A WRITTEN COMPETENCY DETERMINATION, IN VIOLATION OF R.C. 2152.58, THE FOURTEENETH AMENDMENT…”
In re J.D., 2025-Ohio-746. “57, R.C. 2152.58, and R.C. 2152.59. III. The juvenile court abused its discretion when it allowed J.”
Ohio Rev. Code § 2152.58(D)(2): 1 case
In re L.M., 2024-Ohio-2974, 249 N.E.3d 388. “R.C. 2152.58(D)(2) states, in relevant part: The court shall not find a child incompetent to proceed solely because the child is receiving or has received treatment as a voluntary or involuntary mentally ill patient * * *, is or has been institutionalized * * *, or is receiving…”
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