Effective: September 30, 2011
Latest Legislation: House Bill 86 - 129th General Assembly
(A) An evaluator appointed by the court under section 2152.53 of the Revised Code shall submit a competency assessment report to the court as soon as possible but not more than forty-five calendar days after the order appointing the evaluator is issued. The court may grant one extension for a reasonable length of time if doing so would aid the evaluator in completing the evaluation.
(B) No competency assessment report obtained independently by the child may be admitted into evidence unless it is submitted to the court within the time allowed for submission of a report by a court-appointed evaluator under division (A) of this section and meets all the criteria that apply to a court-ordered report.
(C) The court shall provide a copy of each competency assessment report it receives to the prosecuting attorney, the child's attorney, and the child's parents, guardian, or custodian. Counsel shall not disseminate the report except as necessary to receive clarification of the contents of the report.
(D) The expenses of obtaining an evaluation ordered by the court may not be recovered from the child or the child's parents or guardians. However, expenses associated with missed appointments may be assessed to the child's parents or guardians.
(E)(1) Before a hearing is held under section 2152.58 of the Revised Code, any party may object to the contents of a competency assessment report and by motion request an additional evaluation. If the court determines that an additional evaluation is appropriate and grants the motion, the evaluator shall complete an additional evaluation as soon as possible but not more than forty-five calendar days after the order allowing the additional evaluation is issued. An additional evaluation shall meet all the criteria that apply to a court-ordered evaluation.
(2) An additional evaluation allowed under division (E)(1) of this section shall be made at the moving party's expense unless the child is indigent. If the child is indigent, the county shall pay the costs of the additional evaluation. However, the county shall not be required to pay costs exceeding that which the county would normally pay for a competency evaluation conducted by a provider with which the court or county has contracted to conduct competency evaluations.
Structure Ohio Revised Code
Title 21 | Courts-Probate-Juvenile
Chapter 2152 | Delinquent Children; Juvenile Traffic Offenders
Section 2152.01 | Purpose of Juvenile Dispositions.
Section 2152.02 | Delinquent Children - Juvenile Traffic Offender Definitions.
Section 2152.021 | Complaint of Delinquency or Juvenile Traffic Offender.
Section 2152.03 | Cases Involving Child Originate in Juvenile Court.
Section 2152.04 | Confining Delinquent Child for Purposes of Preparing Social History.
Section 2152.10 | Mandatory and Discretionary Transfers.
Section 2152.11 | Dispositions for Child Adjudicated Delinquent.
Section 2152.12 | Transfer of Cases.
Section 2152.121 | Retention of Jurisdiction for Purposes of Making Disposition.
Section 2152.14 | Motion to Invoke Adult Portion of Dispositional Sentence.
Section 2152.16 | Committing Delinquent Child to Youth Services Department for Secure Confinement.
Section 2152.18 | No Designation of Institution of Commitment.
Section 2152.19 | Disposition Orders.
Section 2152.191 | Delinquent Child Subject to Sex Offender Registration and Notification Law.
Section 2152.192 | Notice That Child Has Committed Sexually Oriented Offense.
Section 2152.20 | Authorized Dispositions for Delinquent Child or Juvenile Traffic Offender.
Section 2152.201 | Imposing Costs of Investigating, Prosecuting and Responding to Acts of Terrorism.
Section 2152.202 | Reimbursement for Costs of Positive Drug Tests.
Section 2152.21 | Dispositions for Child Adjudicated Juvenile Traffic Offender.
Section 2152.26 | Places of Detention for Delinquent Child or Juvenile Traffic Offender.
Section 2152.41 | Detention Facilities.
Section 2152.42 | Superintendent and Other Employees of Facility.
Section 2152.43 | Application for Assistance to Department of Youth Services.
Section 2152.44 | Board of Trustees of District Detention Facility.
Section 2152.51 | Definitions Regarding Child Competency Proceedings.
Section 2152.52 | Determination of Competency.
Section 2152.53 | Time Periods for Determination; Hearing.
Section 2152.54 | Evaluators; Qualifications.
Section 2152.55 | Evaluation Process.
Section 2152.56 | Competency Assessment Report.
Section 2152.57 | Extension for Filing Report; Admission Into Evidence; Expenses; Objections.
Section 2152.58 | Hearing to Determine Competency.
Section 2152.59 | Procedure Upon Determination of Competency or Lack of Competency.
Section 2152.67 | Jury Trial for Adults.
Section 2152.71 | Maintenance and Custody of Records.
Section 2152.72 | Information to Be Provided to Foster Caregivers or Prospective Adoptive Parents.
Section 2152.73 | Prevention and Control of Juvenile Delinquency.
Section 2152.74 | DNA Specimen Collection Procedure for Adjudicated Delinquents.
Section 2152.75 | Restraining Pregnant Children.
Section 2152.81 | Deposing Child Victim.
Section 2152.811 | Taking Testimony of a Victim With a Developmental Disability.
Section 2152.82 | Juvenile Sex Offender Registration as Part of Dispositional Order.
Section 2152.83 | Juvenile Sex Offender Registration at Time of Release From Secure Facility.
Section 2152.831 | Juvenile Sex Offenders - Tier Classification Hearing.
Section 2152.84 | Hearing to Review Effectiveness of Disposition and of Any Treatment.
Section 2152.85 | Petition for Reclassification or Declassification.
Section 2152.851 | Effect of Redesignation of Offense.
Section 2152.86 | Juvenile Offender Registrants - Dispositional Orders.