Rule 7 - Detention and Shelter Care(A)Detention: standards A child taken into custody shall not be placed in detention or shelter care prior to final disposition unless any of the following apply: (1) Detention or shelter care is required:(a) To protect the child from immediate or threatened physical or emotional harm; or(b) To protect the person or property of others from immediate or threatened physical or emotional harm.(2) The child may abscond or be removed from the jurisdiction of the court;(3) The child has no parent, guardian, custodian or other person able to provide supervision and care for the child and return the child to the court when required;(4) An order for placement of the child in detention or shelter care has been made by the court;(5) Confinement is authorized by statute.(B)Priorities in placement prior to hearing A person taking a child into custody shall, with all reasonable speed, do either of the following: (1) Release the child to a parent, guardian, or other custodian;(2) Where detention or shelter care appears to be required under the standards of division (A) of this rule, bring the child to the court or deliver the child to a place of detention or shelter care designated by the court.(C)Initial procedure upon detention Any person who delivers a child to a shelter or detention facility shall give the admissions officer at the facility a signed report stating why the child was taken into custody and why the child was not released to a parent, guardian or custodian, and shall assist the admissions officer, if necessary, in notifying the parent pursuant to division (E)(3) of this rule.(D)Admission The admissions officer in a shelter or detention facility, upon receipt of a child, shall review the report submitted pursuant to division (C) of this rule, make such further investigation as is feasible and do either of the following: (1) Release the child to the care of a parent, guardian or custodian;(2) Where detention or shelter care is required under the standards of division (A) of this rule, admit the child to the facility or place the child in some appropriate facility.(E)Procedure after admission When a child has been admitted to detention or shelter care the admissions officer shall do all of the following: (1) Prepare a report stating the time the child was brought to the facility and the reasons the child was admitted;(2) Advise the child of the right to telephone parents and counsel immediately and at reasonable times thereafter and the time, place, and purpose of the detention hearing;(3) Use reasonable diligence to contact the child's parent, guardian, or custodian and advise that person of all of the following: (a) The place of and reasons for detention;(b) The time the child may be visited;(c) The time, place, and purpose of the detention hearing;(d) The right to counsel and appointed counsel in the case of indigency.(F)Detention hearing(1)Hearing: time; notice When a child has been admitted to detention or shelter care, a detention hearing shall be held promptly, not later than seventy-two hours after the child is placed in detention or shelter care or the next court day, whichever is earlier, to determine whether detention or shelter care is required. Reasonable oral or written notice of the time, place, and purpose of the detention hearing shall be given to the child and to the parents, guardian, or other custodian, if that person or those persons can be found. (2)Hearing: advisement of rights Prior to the hearing, the court shall inform the parties of the right to counsel and to appointed counsel if indigent and the child's right to remain silent with respect to any allegation of a juvenile traffic offense, delinquency, or unruliness. (3)Hearing procedure The court may consider any evidence, including the reports filed by the person who brought the child to the facility and the admissions officer, without regard to formal rules of evidence. Unless it appears from the hearing that the child's detention or shelter care is required under division (A) of this rule, and except as provided in division (F)(4) of this rule, the court shall order the child's release to a parent, guardian, or custodian. Whenever abuse, neglect, or dependency is alleged, the court shall determine whether there are any appropriate relatives of the child who are willing to be temporary custodians and, if so, appoint an appropriate relative as the temporary custodian of the child. The court shall make a reasonable efforts determination in accordance with Juv.R. 27(B)(1). (4)Release of child; serious youthful offender With respect to a child alleged to be or adjudicated a serious youthful offender, the juvenile court shall set the terms and conditions for release of the child. (G)Rehearing If a parent, guardian, or custodian did not receive notice of the initial hearing and did not appear or waive appearance at the hearing, the court shall rehear the matter promptly. After a child is placed in shelter care or detention care, any party and the guardian ad litem of the child may file a motion with the court requesting that the child be released from detention or shelter care. Upon the filing of the motion, the court shall hold a hearing within seventy-two hours. (H)Separation from adults No child shall be placed in or committed to any prison, jail, lockup, or any other place where the child can come in contact or communication with any adult convicted of crime, under arrest, or charged with crime. (I)Physical examination The supervisor of a shelter or detention facility may provide for a physical examination of a child placed in the shelter or facility. (J)Telephone and visitation rights A child may telephone the child's parents and attorney immediately after being admitted to a shelter or detention facility and at reasonable times thereafter. The child may be visited at reasonable visiting hours by the child's parents and adult members of the family, the child's pastor, and the child's teachers. The child may be visited by the child's attorney at any time.
Effective:7/1/1972; amended effective 7/1/1994;7/1/2001; amended April 26, 2022, effective 7/1/2022; amended effective 7/1/2023.Staff Note (July 1, 2001 Amendment)
Juvenile Rule 7 Detention and Shelter Care
Juvenile Rule 7(A) Detention: standards
Rule 7(A) was amended to add two rationales for placing a child in detention or shelter care: one, that the child is endangering the person or property of others [(A)(1)(b)] and two, that a statutory provision authorizes confinement [(A)(5)]. Rule 7(A)(1)(b) conforms to Sub. Sen. Bill 179 (January 1, 2002 effective date), Revised Code section 2151.31(A)(6)(b) and (d). Rule 7(A)(5) ensures that statutory provisions, i.e., Revised Code sections 2152.04 and 2151.31(C)(2), that contemplate placing a child in detention are recognized as valid rationales by the Juvenile Rules.