Effective: March 22, 2013
Latest Legislation: House Bill 247 - 129th General Assembly
(A) A woman who is pregnant, unmarried, under eighteen years of age, and unemancipated and who wishes to have an abortion without the notification of her parents, guardian, or custodian may file a complaint in the juvenile court of the county in which she has a residence or legal settlement or in the juvenile court of any county that borders to any extent the county in which she has a residence or legal settlement requesting the issuance of an order authorizing her to consent to the performance or inducement of an abortion without the notification of her parents, guardian, or custodian.
The complaint shall be made under oath and shall include all of the following:
(1) A statement that the complainant is pregnant;
(2) A statement that the complainant is unmarried, under eighteen years of age, and unemancipated;
(3) A statement that the complainant wishes to have an abortion without the notification of her parents, guardian, or custodian;
(4) An allegation of either or both of the following:
(a) That the complainant is sufficiently mature and well enough informed to intelligently decide whether to have an abortion without the notification of her parents, guardian, or custodian;
(b) That one or both of her parents, her guardian, or her custodian was engaged in a pattern of physical, sexual, or emotional abuse against her, or that the notification of her parents, guardian, or custodian otherwise is not in her best interest.
(5) A statement as to whether the complainant has retained an attorney and, if she has retained an attorney, the name, address, and telephone number of her attorney.
(B)(1) The court shall fix a time for a hearing on any complaint filed pursuant to division (A) of this section and shall keep a record of all testimony and other oral proceedings in the action. The court shall hear and determine the action and shall not refer any portion of it to a referee. The hearing shall be held at the earliest possible time, but not later than the fifth business day after the day that the complaint is filed. The court shall enter judgment on the complaint immediately after the hearing is concluded. If the hearing required by this division is not held by the fifth business day after the complaint is filed, the failure to hold the hearing shall be considered to be a constructive order of the court authorizing the complainant to consent to the performance or inducement of an abortion without the notification of her parent, guardian, or custodian, and the complainant and any other person may rely on the constructive order to the same extent as if the court actually had issued an order under this section authorizing the complainant to consent to the performance or inducement of an abortion without such notification.
(2) The court shall appoint a guardian ad litem to protect the interests of the complainant at the hearing that is held pursuant to this section. If the complainant has not retained an attorney, the court shall appoint an attorney to represent her. If the guardian ad litem is an attorney admitted to the practice of law in this state, the court also may appoint the guardian ad litem to serve as the complainant's attorney.
(C)(1) If the complainant makes only the allegation set forth in division (A)(4)(a) of this section and if the court finds, by clear and convincing evidence, that the complainant is sufficiently mature and well enough informed to decide intelligently whether to have an abortion, the court shall issue an order authorizing the complainant to consent to the performance or inducement of an abortion without the notification of her parents, guardian, or custodian. If the court does not make the finding specified in this division, it shall dismiss the complaint.
(2) If the complainant makes only the allegation set forth in division (A)(4)(b) of this section and if the court finds, by clear and convincing evidence, that there is evidence of a pattern of physical, sexual, or emotional abuse of the complainant by one or both of her parents, her guardian, or her custodian, or that the notification of the parents, guardian, or custodian of the complainant otherwise is not in the best interest of the complainant, the court shall issue an order authorizing the complainant to consent to the performance or inducement of an abortion without the notification of her parents, guardian, or custodian. If the court does not make the finding specified in this division, it shall dismiss the complaint.
(3) If the complainant makes both of the allegations set forth in divisions (A)(4)(a) and (b) of this section, the court shall proceed as follows:
(a) The court first shall determine whether it can make the finding specified in division (C)(1) of this section and, if so, shall issue an order pursuant to that division. If the court issues such an order, it shall not proceed pursuant to division (C)(3)(b) of this section. If the court does not make the finding specified in division (C)(1) of this section, it shall proceed pursuant to division (C)(3)(b) of this section.
(b) If the court pursuant to division (C)(3)(a) of this section does not make the finding specified in division (C)(1) of this section, it shall proceed to determine whether it can make the finding specified in division (C)(2) of this section and, if so, shall issue an order pursuant to that division. If the court does not make the finding specified in division (C)(2) of this section, it shall dismiss the complaint.
(D) The court shall not notify the parents, guardian, or custodian of the complainant that she is pregnant or that she wants to have an abortion.
(E) If the court dismisses the complaint, it immediately shall notify the complainant that she has a right to appeal under section 2505.073 of the Revised Code.
(F) Each hearing under this section shall be conducted in a manner that will preserve the anonymity of the complainant. The complaint and all other papers and records that pertain to an action commenced under this section shall be kept confidential and are not public records under section 149.43 of the Revised Code.
(G) The supreme court shall prescribe complaint and notice of appeal forms that shall be used by a complainant filing a complaint under this section and by an appellant filing an appeal under section 2505.073 of the Revised Code. The clerk of each juvenile court shall furnish blank copies of the forms, without charge, to any person who requests them.
(H) No filing fee shall be required of, and no court costs shall be assessed against, a complainant filing a complaint under this section or an appellant filing an appeal under section 2505.073 of the Revised Code.
(I) As used in this section, "unemancipated" means that a woman who is unmarried and under eighteen years of age has not entered the armed services of the United States, has not become employed and self-subsisting, or has not otherwise become independent from the care and control of her parent, guardian, or custodian.
Structure Ohio Revised Code
Title 21 | Courts-Probate-Juvenile
Section 2151.01 | Liberal Interpretation and Construction.
Section 2151.011 | Juvenile Court Definitions.
Section 2151.022 | Unruly Child Defined.
Section 2151.031 | Abused Child Defined.
Section 2151.04 | Dependent Child Defined.
Section 2151.05 | Child Without Proper Parental Care.
Section 2151.06 | Residence or Legal Settlement.
Section 2151.07 | Powers and Jurisdiction of Juvenile Court.
Section 2151.08 | Juvenile Court in Hamilton County.
Section 2151.09 | Separate Building and Site May Be Purchased or Leased.
Section 2151.10 | County Appropriations for Expenses of Court.
Section 2151.12 | Clerk - Bond - Judge as Clerk.
Section 2151.13 | Employees - Compensation - Bond.
Section 2151.14 | Duties and Powers of Probation Department - Records - Command Assistance.
Section 2151.15 | Powers and Duties Vested in County Department of Probation.
Section 2151.151 | Contract for Supervisory and Other Services for Children on Probation.
Section 2151.16 | Referees - Powers and Duties.
Section 2151.17 | Rules of Juvenile Court.
Section 2151.18 | Court Records - Annual Report - Copies for Distribution.
Section 2151.19 | Summons - Expense.
Section 2151.20 | Seal of Court - Dimensions.
Section 2151.21 | Jurisdiction in Contempt.
Section 2151.211 | Employer May Not Penalize Employee for Being Subpoenaed Before Juvenile Court.
Section 2151.22 | Terms of Court - Sessions.
Section 2151.23 | Jurisdiction of Juvenile Court.
Section 2151.233 | Jurisdiction of Juvenile Court.
Section 2151.234 | Construction of r.c. 2151.233.
Section 2151.235 | Transfer of Jurisdiction.
Section 2151.236 | Orders Affecting Child Subject to Support Order by Common Pleas Court.
Section 2151.24 | Separate Room for Hearings.
Section 2151.25 | Court Order to Interview and Examine a Child.
Section 2151.26 | Complaint Regarding Drug Use by Expectant Mother.
Section 2151.27 | Complaint Involving Child.
Section 2151.271 | Transfer to Juvenile Court of Child's Residence.
Section 2151.28 | Adjudicatory Hearing - Determining Shelter Care Placement.
Section 2151.281 | Guardian Ad Litem.
Section 2151.29 | Service of Summons, Notices, and Subpoenas - Publication of Summons.
Section 2151.30 | Issuance of Warrant.
Section 2151.31 | Taking Child Into Custody.
Section 2151.311 | Procedure Upon Taking Child Into Custody.
Section 2151.312 | Facilities for Holding Unruly, Neglected, Abused or Dependent Child.
Section 2151.313 | Fingerprints, Photographs Require Consent of Juvenile Judge.
Section 2151.314 | Hearing on Detention or Shelter Care.
Section 2151.315 | Participation in Extracurricular, Enrichment, and Social Activities.
Section 2151.316 | Foster Youth Bill of Rights.
Section 2151.32 | Selection of Custodian.
Section 2151.33 | Temporary Care - Emergency Medical Treatment - Reimbursement.
Section 2151.34 | Protection Order Against a Minor.
Section 2151.35 | Procedure for Hearings in Juvenile Court.
Section 2151.352 | Right to Counsel.
Section 2151.353 | Orders of Disposition of Abused, Neglected or Dependent Child.
Section 2151.354 | Orders of Disposition of Unruly Child.
Section 2151.355 | Sealing of Juvenile Court Records - Definitions.
Section 2151.356 | Sealing of Juvenile Court Records.
Section 2151.357 | Response Respecting Sealed Records - Index - Limited Inspection.
Section 2151.358 | Expungement of Sealed Records.
Section 2151.359 | Order Restraining or Controlling Conduct of Parent, Guardian, or Custodian.
Section 2151.3510 | Notice to Public Children Services Agency of Intended Commitment Order.
Section 2151.3515 | Desertion of Child Definitions.
Section 2151.3517 | Persons Authorized to Take Possession of Deserted Child.
Section 2151.3518 | Duties Upon Taking Possession of Deserted Child.
Section 2151.3521 | Emergency Hearing to Determine Whether Child Is Deserted Child.
Section 2151.3522 | Adjudication That Child Is Deserted Child.
Section 2151.3523 | Court to Treat Deserted Child as Neglected Child.
Section 2151.3524 | Agency Granted Temporary Custody to Treat Deserted Child as Neglected Child.
Section 2151.3525 | Immunity of Parent and of Person or Entity Taking Possession of Deserted Child.
Section 2151.3526 | Parent's Absolute Right to Anonymity.
Section 2151.3528 | Parent Completion of Medical Information Forms.
Section 2151.3529 | Declining Forms.
Section 2151.3530 | Activities Prohibited to Person Taking Possession of Deserted Child.
Section 2151.3531 | DNA Testing of Person Seeking Reunification With Deserted Child.
Section 2151.3532 | Rules Governing Newborn Safety Incubators.
Section 2151.3534 | Medical Information Forms.
Section 2151.3535 | Distributing Medical Information Forms and Written Materials.
Section 2151.36 | Support of Child.
Section 2151.37 | Institution Receiving Children Required to Make Report.
Section 2151.38 | Duration of Dispositional Order.
Section 2151.39 | Placement of Children From Other States.
Section 2151.40 | Cooperation With Court.
Section 2151.411 | Placing Siblings Together.
Section 2151.412 | Case Plans.
Section 2151.413 | Motion Requesting Permanent Custody.
Section 2151.414 | Hearing on Motion Requesting Permanent Custody.
Section 2151.415 | Motion for Order of Disposition Upon Termination of Temporary Custody Order.
Section 2151.416 | Semiannual Administrative Review of Case Plans.
Section 2151.417 | Review of Child's Placement, Custody Arrangement or Case Plan.
Section 2151.4115 | Definitions Regarding Locating and Engaging Kinship Caregiver.
Section 2151.4116 | Intensive Efforts Required for Locating and Engaging Kinship Caregiver.
Section 2151.4117 | Court Review of Intensive Efforts.
Section 2151.4118 | Court Determination Intensive Efforts Not Required.
Section 2151.4119 | Findings Supporting Court Determination.
Section 2151.4120 | Current Caregiver Equal to Kin Regarding Permanency.
Section 2151.4121 | Disqualifying Kin Unwilling or Not Interested in Providing Permanency.
Section 2151.4122 | Continued Search to Locate and Engage Kinship Caregiver Permitted.
Section 2151.42 | Best Interests of Child - Order Granting Legal Custody.
Section 2151.421 | Reporting Child Abuse or Neglect.
Section 2151.422 | Child Living in Domestic Violence or Homeless Shelter.
Section 2151.423 | Disclosure of Confidential Information to Protect Children.
Section 2151.425 | Children's Advocacy Center - Definitions.
Section 2151.426 | Children's Advocacy Center - Memorandum of Understanding.
Section 2151.427 | Children's Advocacy Center - Multidisciplinary Team.
Section 2151.428 | Children's Advocacy Center - Interagency Agreement.
Section 2151.429 | Traditional and Alternative Response Pathways.
Section 2151.4210 | Child Abuse or Neglect Investigation Relating to Armed Forces.
Section 2151.4221 | [Recodified From r.c. 2151.4211] Memorandum of Understanding Purpose, Content.
Section 2151.4226 | [Recodified From r.c. 2151.4216] Deadline for Biennial Review and Resolution.
Section 2151.4228 | [Recodified From r.c. 2151.4218] Model Memorandum of Understanding.
Section 2151.4229 | [Recodified From r.c. 2151.4219] Memorandum of Understanding Audit.
Section 2151.4230 | [Recodified From r.c. 2151.4220] Compliance Determination.
Section 2151.4231 | [Recodified From r.c. 2151.4221] Compliance Assurance Plan.
Section 2151.43 | Charges Against Adults; Defendant Bound Over to Grand Jury.
Section 2151.44 | Complaint After Hearing.
Section 2151.45 | Emancipated Young Adult and Representative Defined.
Section 2151.451 | Jurisdiction Over Emancipated Young Adult.
Section 2151.452 | Duties of Juvenile Court.
Section 2151.453 | Suspension of Payments for Foster Care.
Section 2151.454 | Supporting Documents for Court Determination.
Section 2151.455 | Representation.
Section 2151.49 | Suspension of Sentence.
Section 2151.50 | Forfeiture of Bond.
Section 2151.52 | Appeals on Questions of Law.
Section 2151.53 | Physical and Mental Examinations - Records of Examination - Expenses.
Section 2151.54 | Fees and Costs.
Section 2151.541 | Computerizing Court of Paying Cost of Computerized Legal Research.
Section 2151.542 | Cancellation of Uncollectible Debts.
Section 2151.552 | Written Information to Foster Caregiver in Another County and School District.
Section 2151.553 | School District Procedure for Receiving Information.
Section 2151.554 | Information to Juvenile Court in County Other Than County of Residence.
Section 2151.56 | Interstate Compact for Juveniles.
Section 2151.57 | Definitions for Rc Sections 2151.57 to 2151.59.
Section 2151.58 | Appointment of Compact Administrator.
Section 2151.59 | Administration by Department of Youth Services.
Section 2151.651 | Application for State Assistance for Juvenile Facilities.
Section 2151.654 | Agreement Other County.
Section 2151.655 | Issuing General Obligation Securities - Joint District Financing Agreements.
Section 2151.66 | Assessment of Taxes for Expense.
Section 2151.67 | Receipt and Use of Gifts and Bequests.
Section 2151.68 | Appointment of District Boards of Trustees by Joint Board of County Commissioners.
Section 2151.69 | Organization of District Board of Trustees.
Section 2151.70 | Superintendent and Other Personnel.
Section 2151.71 | Operation of District Facilities Same as County Facilities.
Section 2151.72 | Site Selection.
Section 2151.73 | Apportioned Representation on Board of Trustees.
Section 2151.74 | Removing a Trustee.
Section 2151.75 | Delegation of Powers and Duties to Board of Trustees.
Section 2151.77 | Expenses Paid by Each County.
Section 2151.78 | County Withdrawing From District.
Section 2151.79 | Fiscal Officer of District.
Section 2151.80 | Expenses of Board Members.
Section 2151.81 | Independent Living Services Definitions.
Section 2151.82 | Services to Be Based on Evaluation of Strengths and Weaknesses of Child.
Section 2151.84 | Department of Job and Family Services to Establish Model Agreements.
Section 2151.86 | Criminal Records Check.
Section 2151.90 | Definitions for Sections 2151.90 to 2151.9011.
Section 2151.901 | Alteration by Court of Host Family Agreement.
Section 2151.902 | Hosting May Not Be Basis of Complaint by Agency.
Section 2151.903 | Presumption; Rebuttal.
Section 2151.904 | Information Provided to Qualified Organization.
Section 2151.906 | Felony Conviction.
Section 2151.907 | Confidentiality of Records Check.
Section 2151.908 | Policies and Procedures for Employees.
Section 2151.909 | Policies and Procedures for Host Families; Training.
Section 2151.9010 | Host Family Not Subject to Certification or Supervision.
Section 2151.9011 | Duty to Report Actual or Threatened Harm.