Ohio Juv. R. 27

As amended through July 1, 2024

Rule 27 - Hearings: General

(A) General provisions. Unless otherwise stated in this rule, the juvenile court may conduct its hearings in an informal manner and may adjourn its hearings from time to time.

The court may excuse the attendance of the child at the hearing in neglect, dependency, or abuse cases.

(1) Public access to hearings. In serious youthful offender proceedings, hearings shall be open to the public. In all other proceedings, the court may exclude the general public from any hearing, but may not exclude either of the following:

(a) persons with a direct interest in the case;

(b) persons who demonstrate, at a hearing, a countervailing right to be present.

(2) Separation of juvenile and adult cases. Cases involving children shall be heard separate and apart from the trial of cases against adults, except for cases involving chronic or habitual truancy.

(3) Jury trials. The court shall hear and determine all cases of children without a jury, except for the adjudication of a serious youthful offender complaint, indictment, or information in which trial by jury has not been waived.

(B) Special provisions for abuse, neglect, and dependency proceedings.

(1) In any proceeding involving abuse, neglect, or dependency at which the court removes a child from the child's home or continues the removal of a child from the child's home, or in a proceeding where the court orders detention, the court shall determine whether the person who filed the complaint in the case and removed the child from the child's home has custody of the child or will be given custody and has made reasonable efforts to do any of the following:

(a) Prevent the removal of the child from the child's home;

(b) Eliminate the continued removal of the child from the child's home;

(c) Make it possible for the child to return home.

(2) In a proceeding involving abuse, neglect, or dependency, the examination made by the court to determine whether a child is a competent witness shall comply with all of the following:

(a) Occur in an area other than a courtroom or hearing room;

(b) Be conducted in the presence of only those individuals considered necessary by the court for the conduct of the examination or the well being of the child;

(c) Be recorded in accordance with Juv. R. 37 or Juv. R. 40. The court may allow the prosecutor, guardian ad litem, or attorney for any party to submit questions for use by the court in determining whether the child is a competent witness.

(3) In a proceeding where a child is alleged to be an abused child, the court may order that the testimony of the child be taken by deposition in the presence of a judge or a magistrate. On motion of the prosecuting attorney, guardian ad litem, or a party, or in its own discretion, the court may order that the deposition be videotaped. All or part of the deposition is admissible in evidence where all of the following apply:

(a) It is filed with the clerk;

(b) Counsel for all parties had an opportunity and similar motive at the time of the taking of the deposition to develop the testimony by direct, cross, or redirect examination;

(c) The judge or magistrate determines there is reasonable cause to believe that if the child were to testify in person at the hearing, the child would experience emotional trauma as a result of the child's participation at the hearing.

Ohio. Juv. R. 27

Effective:7/1/1972; amended effective 7/1/1976;7/1/1994;7/1/1996;7/1/2001.

Staff Note (July 1, 2001 Amendment)

Juvenile Rule 27 Hearings: General

Juvenile Rule 27(A) General provisions

Rule 27(A) was completely rewritten and reorganized to conform to changes necessitated by Sub. Sen. Bill 179 (serious youthful offenders) (effective date January 1, 2002), and Sub. Sen. Bill 181 (chronic and habitual truants) (effective date September 4, 2000).

Rule 27(A) as amended deals separately with the informality of hearings [division (A)], public access to hearings [division (A)(1)], separation of juvenile and adult cases [division (A)(2)], and jury trials [division (A)(3)].

Division (A)(1) clarifies that in serious youthful offender proceedings, adult rules about public access shall apply, and thus a qualified presumption of public access is appropriate. The rule seeks to conform to the Supreme Court's ruling in (2000), 90 Ohio St. 3d 79, 734 N.E.2d 1214. In juvenile proceedings, there is no qualified right of public access, and no presumption that the proceedings be either open or closed. The amended rule recognizes that the policies of confidentiality and rehabilitation important in juvenile proceedings may justify closure to those without a direct interest after a hearing. In that hearing, the party seeking closure bears the burden of proof, but Rule 27(A)(1)(b) clarifies that closure is justified unless there is a "comparable competing interest" for public access, which the rule describes as a countervailing right. The amendment also conforms to Revised Code section 2151.35(A) as amended by Sub. Sen. Bill 179.

Rule 27(A)(2) conforms to Revised Code section 2151.35(A)(1), which provides that in cases in which both a child and an adult are charged for chronic or habitual truancy, the cases need not be heard separately, while preserving separate proceedings in all other cases.

Rule 27(A)(3) conforms to Revised Code section 2152.13(D) providing for a jury determination in cases seeking a serious youthful offender dispositional sentence, while preserving nonjury proceedings in all other cases.

Juvenile Rule 27(B) Special Provisions for Abuse, Neglect,

and Dependency Proceedings

Rule 27(B) was not amended, but was recaptioned to clarify that its provisions apply to abuse, neglect and dependency proceedings.