Ohio Rev. Code » Chapter 5139
Ohio Revised Code

Ohio Rev. Code § 5139.04 (2026)

Powers and duties of department

✓ current as of May 2026
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Effective:
July 1, 2013
Latest Legislation:
House Bill 59 - 130th General Assembly
PDF:
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The department of youth services shall do all of the following:

(A) Support service districts through a central administrative office that shall have as its administrative head a deputy director who shall be appointed by the director of the department. When a vacancy occurs in the office of that deputy director, an assistant deputy director shall act as that deputy director until the vacancy is filled. The position of deputy director and assistant deputy director described in this division shall be in the unclassified civil service of the state.

(B) Receive custody of all children committed to it under Chapter 2152. of the Revised Code, cause a study to be made of those children, and issue any orders, as it considers best suited to the needs of any of those children and the interest of the public, for the treatment of each of those children;

(C) Obtain personnel necessary for the performance of its duties;

(D) Adopt rules that regulate its organization and operation, that implement sections 5139.34 and 5139.41 to 5139.43 of the Revised Code, and that pertain to the administration of other sections of this chapter;

(E) Submit reports of its operations to the governor and the general assembly by the thirty-first day of January of each odd-numbered year;

(F) Conduct a program of research in diagnosis, training, and treatment of delinquent children to evaluate the effectiveness of the department's services and to develop more adequate methods;

(G) Develop a standard form for the disposition investigation report that a juvenile court is required pursuant to section 2152.18 of the Revised Code to complete and provide to the department when the court commits a child to the legal custody of the department;

(H) Provide the state public defender the reasonable access authorized under division (I) of section 120.06 of the Revised Code in order to fulfill the department's constitutional obligation to provide juveniles who have been committed to the department's care access to the courts.

(I) Do all other acts necessary or desirable to carry out this chapter.
Notes of Decisions
Cited in 3 cases (1 in the last 5 years), 1988–2021 · leading case: In re A.W. (Slip Opinion), 2020 Ohio 1457 (Ohio 2020).
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In re A.W. (Slip Opinion), 2020 Ohio 1457 (Ohio 2020). · cites it 2× “to complete sex-offender treatment, the Eighth District Court of Appeals determined that an order for sex-offender treatment was unnecessary because, under R.C. 5139.04, DYS has “broad authority to * * * ‘issue any orders, as it considers best suited’ ” for the treatment of…”
N. Columbiana Cnty. Cmty. Hosp. Ass'n v. Dep't of Youth Servs., 526 N.E.2d 802 (Ohio 1988). “The exception to R.C. 5139.04(A)(3), residual parental responsibilities, would subsume the rule — responsibility of the department for the medical care of those youths who are committed to it.”
In re T.T., 2021 Ohio 759 (Ohio Ct. App. 2021). · cites it 5× “Specifically, she maintains that trial counsel failed to (1) describe the statutory duties that DYS owed under R.C. 5139.04(B) to rehabilitate her, and (2) inquire into whether DYS had exhausted all of its options before it requested invocation.”
— Ohio Rev. Code § 5139.04(A)(3) — 1 case
N. Columbiana Cnty. Cmty. Hosp. Ass'n v. Dep't of Youth Servs., 526 N.E.2d 802 (Ohio 1988). “The exception to R.C. 5139.04(A)(3), residual parental responsibilities, would subsume the rule — responsibility of the department for the medical care of those youths who are committed to it.”
— Ohio Rev. Code § 5139.04(B) — 1 case
In re T.T., 2021 Ohio 759 (Ohio Ct. App. 2021). “Specifically, she maintains that trial counsel failed to (1) describe the statutory duties that DYS owed under R.C. 5139.04(B) to rehabilitate her, and (2) inquire into whether DYS had exhausted all of its options before it requested invocation.”
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