Ohio Juv. R. 29

As amended through July 25, 2024

Rule 29 - Adjudicatory Hearing

(A) Scheduling the hearing. The date for the adjudicatory hearing shall be set when the complaint is filed or as soon thereafter as is practicable. If the child is the subject of a complaint alleging a violation of a section of the Revised Code that may be violated by an adult and that does not request a serious youthful offender sentence, and if the child is in detention or shelter care, the hearing shall be held not later than fifteen days after the filing of the complaint. Upon a showing of good cause, the adjudicatory hearing may be continued and detention or shelter care extended.

The prosecuting attorney's filing of either a notice of intent to pursue or a statement of an interest in pursuing a serious youthful offender sentence shall constitute good cause for continuing the adjudicatory hearing date and extending detention or shelter care.

The hearing of a removal action shall be scheduled in accordance with Juv. R. 39(B).

If the complaint alleges abuse, neglect, or dependency, the hearing shall be held no later than thirty days after the complaint is filed. For good cause shown, the adjudicatory hearing may extend beyond thirty days either for an additional ten days to allow any party to obtain counsel or for a reasonable time beyond thirty days to obtain service on all parties or complete any necessary evaluations. However, the adjudicatory hearing shall be held no later than sixty days after the complaint is filed.

The failure of the court to hold an adjudicatory hearing within any time period set forth in this rule does not affect the ability of the court to issue any order otherwise provided for in statute or rule and does not provide any basis for contesting the jurisdiction of the court or the validity of any order of the court.

(B) Advisement and findings at the commencement of the hearing. At the beginning of the hearing, the court shall do all of the following:

(1) Ascertain whether notice requirements have been complied with and, if not, whether the affected parties waive compliance;

(2) Inform the parties of the substance of the complaint, the purpose of the hearing, and possible consequences of the hearing, including the possibility that the cause may be transferred to the appropriate adult court under Juv. R. 30 where the complaint alleges that a child fourteen years of age or over is delinquent by conduct that would constitute a felony if committed by an adult;

(3) Inform unrepresented parties of their right to counsel and determine if those parties are waiving their right to counsel;

(4) Appoint counsel for any unrepresented party under Juv. R. 4(A) who does not waive the right to counsel;

(5) Inform any unrepresented party who waives the right to counsel of the right: to obtain counsel at any stage of the proceedings, to remain silent, to offer evidence, to cross-examine witnesses, and, upon request, to have a record of all proceedings made, at public expense if indigent.

(C) Entry of admission or denial. The court shall request each party against whom allegations are being made in the complaint to admit or deny the allegations. A failure or refusal to admit the allegations shall be deemed a denial, except in cases where the court consents to entry of a plea of no contest.

(D) Initial procedure upon entry of an admission. The court may refuse to accept an admission and shall not accept an admission without addressing the party personally and determining both of the following:

(1) The party is making the admission voluntarily with understanding of the nature of the allegations and the consequences of the admission;

(2) The party understands that by entering an admission the party is waiving the right to challenge the witnesses and evidence against the party, to remain silent, and to introduce evidence at the adjudicatory hearing.

The court may hear testimony, review documents, or make further inquiry, as it considers appropriate, or it may proceed directly to the action required by division (F) of this rule.

(E) Initial procedure upon entry of a denial. If a party denies the allegations the court shall:

(1) Direct the prosecuting attorney or another attorney-at-law to assist the court by presenting evidence in support of the allegations of a complaint;

(2) Order the separation of witnesses, upon request of any party;

(3) Take all testimony under oath or affirmation in either question-answer or narrative form; and

(4) Determine the issues by proof beyond a reasonable doubt in juvenile traffic offense, delinquency, and unruly proceedings; by clear and convincing evidence in dependency, neglect, and abuse cases, and in a removal action; and by a preponderance of the evidence in all other cases.

(F) Procedure upon determination of the issues. Upon the determination of the issues, the court shall do one of the following:

(1) If the allegations of the complaint, indictment, or information were not proven, dismiss the complaint;

(2) If the allegations of the complaint, indictment, or information are admitted or proven, do any one of the following, unless precluded by statute:

(a) Enter an adjudication and proceed forthwith to disposition;

(b) Enter an adjudication and continue the matter for disposition for not more than six months and may make appropriate temporary orders;

(c) Postpone entry of adjudication for not more than six months;

(d) Dismiss the complaint if dismissal is in the best interest of the child and the community.

(3) Upon request make written findings of fact and conclusions of law pursuant to Civ. R. 52.

(4) Ascertain whether the child should remain or be placed in shelter care until the dispositional hearing in an abuse, neglect, or dependency proceeding. In making a shelter care determination, the court shall make written finding of facts with respect to reasonable efforts in accordance with the provisions in Juv. R. 27(B)(1) and to relative placement in accordance with Juv. R. 7(F)(3).

(5) To the extent required by Article I, Section 10a of the Ohio Constitution or by the Revised Code, before disposition, allow an alleged victim of a crime to be heard.

Ohio. Juv. R. 29

Effective:7/1/1972; amended effective 7/1/1976;7/1/1994;7/1/1998;7/1/2001;7/1/2004; amended April 24, 2019, effective 7/1/2019.

Staff Note (July 1, 2004 Amendment)

Juvenile Rule 29(A) Scheduling the hearing

Division (A) was amended to conform the language of the rule to R.C. 2151.28, as amended effective May 16, 2002.

Juvenile Rule 29(B) Advisement and findings at the commencement of the hearing

Division (C) was amended to conform the language of the rule to R.C. 2151.10 and 2151.12, which allow the transfer of juveniles age fourteen and over to adult court for trial.

Staff Note (July 1, 2001 Amendment)

Juvenile Rule 29 Adjudicatory Hearing

Juvenile Rule 29(A) Scheduling the hearing

Rule 29(A) was amended to conform to Revised Code section 2152.13(B), which provides that the prosecuting attorney has twenty days after a child's initial appearance in juvenile court within which to file a notice of intent to pursue a serious youthful offender dispositional sentence. The rule preserves the ten-day time period within which to hold an adjudicatory hearing for all other cases in which the child is in detention or shelter care. However, because the rule contemplates a hearing within ten days, but the statute grants a twenty-day time period for making the charging decision, the amended rule also provides a mechanism by which a prosecuting attorney can preserve the twenty-day time period by filing a "statement of interest in pursuing a serious youthful offender sentence." The amended rule states that either the notice of intent (i.e., a Rule 22(D)(5) motion) or a statement of interest shall be good cause for extending both the date for an adjudicatory hearing and detention or shelter care. If the prosecuting attorney does not file a notice of intent to pursue a serious youthful offender sentence before the twenty-day time period lapses, the ordinary juvenile time frames again become operative. If the prosecuting attorney does not obtain an indictment or information, or the court denies the Rule 22(D)(5) motion, the ordinary juvenile time frames will again become operative. If the child is determined to be eligible for a serious youthful offender sentence, the ordinary juvenile time frames do not apply. Instead, adult time frames, i.e., speedy trial provisions, become operative [Revised Code section 2152.13(D)(1)] .

Juvenile Rule 29(C) Entry of admission or denial

Rule 29(C) was amended in response to Section 3 of Sub. Sen. Bill 179 (effective January 1, 2002), in which the General Assembly encouraged the Supreme Court to amend Rule 29(C) to permit "no contest" pleas with the consent of the court, similar to the provisions in Criminal Rule 11.

Juvenile Rule 29(F) Procedure upon determination of the issues

Rule 29(F) was amended in response to both the chronic and habitual truancy act and the serious youthful offender act. Divisions (F)(1) and (2) include recognition that a serious youthful offender case will proceed by indictment or information. Division (F)(2) also recognizes that certain dispositions within the power of the juvenile court may be precluded by statute for certain types of cases. The amendment removes any perception of conflict between statutorily authorized dispositions and those authorized in the rule. Specifically, the division conforms to Revised Code section 2152.13(E), which controls the dispositions in serious youthful offender cases. The division also recognizes that chronic or habitual truant dispositions are heavily regulated by statute.