Ohio Juv. R. 10

As amended through October 29, 2024

Rule 10 - Complaint

(A) Filing. Any person having knowledge of a child who appears to be a juvenile traffic offender, delinquent, unruly, neglected, dependent, or abused may file a complaint with respect to the child in the juvenile court of the county in which the child has a residence or legal settlement, or in which the traffic offense, delinquency, unruliness, neglect, dependency, or abuse occurred.

Persons filing complaints that a child appears to be an unruly or delinquent child for being an habitual or chronic truant and the parent, guardian, or other person having care of the child has failed to cause the child to attend school may also file the complaint in the county in which the child is supposed to attend public school.

Any person may file a complaint to have determined the custody of a child not a ward of another court of this state, and any person entitled to the custody of a child and unlawfully deprived of such custody may file a complaint requesting a writ of habeas corpus. Complaints concerning custody shall be filed in the county where the child is found or was last known to be.

Any person with standing may file a complaint for the determination of any other matter over which the juvenile court is given jurisdiction by the Revised Code. The complaint shall be filed in the county in which the child who is the subject of the complaint is found or was last known to be. In a removal action, the complaint shall be filed in the county where the foster home is located.

When a case concerning a child is transferred or certified from another court, the certification from the transferring court shall be considered the complaint. The juvenile court may order the certification supplemented upon its own motion or that of a party.

(B) Complaint: general form. The complaint, which may be upon information and belief, shall satisfy all of the following requirements:

(1) State in ordinary and concise language the essential facts that bring the proceeding within the jurisdiction of the court, and in juvenile traffic offense and delinquency proceedings, shall contain the numerical designation of the statute or ordinance alleged to have been violated;

(2) Contain the name and address of the parent, guardian, or custodian of the child or state that the name or address is unknown;

(3) Be made under oath.

(C) Complaint: juvenile traffic offense. A Uniform Traffic Ticket shall be used as a complaint in juvenile traffic offense proceedings.

(D) Complaint: permanent custody. A complaint seeking permanent custody of a child shall state that permanent custody is sought.

(E) Complaint: temporary custody. A complaint seeking temporary custody of a child shall state that temporary custody is sought.

(F) Complaint: planned permanent living arrangement. A complaint seeking the placement of a child into a planned permanent living arrangement shall state that placement into a planned permanent living arrangement is sought.

(G) Complaint: habeas corpus. Where a complaint for a writ of habeas corpus involving the custody of a child is based on the existence of a lawful court order, a certified copy of the order shall be attached to the complaint.

Ohio. Juv. R. 10

Effective:7/1/1972; amended effective 7/1/1975;7/1/1976;7/1/1994;7/1/1998;7/1/2001;7/1/2002.

Staff Note (July 1, 2001 Amendment)

Juvenile Rule 10 Complaint

Juvenile Rule 10(A) Filing

Rule 10(A) was amended to conform to the Sub. Sen. Bill 181 (effective September 4, 2000) changes that provide in R. C. section 2151.27(A)(2) that chronic and habitual truancy complaints against both children and adults responsible for them may also be properly venued in the county in which the child is supposed to be attending public school.

Staff Note (July 1, 2002 Amendment)

Juvenile Rule 10(F) Complaint: planned permanent living arrangement

The July 1, 2002, amendment to Juv. R. 10(F) substituted the language of "planned permanent living arrangement" for the former language of "long term foster care," to conform to the new legislative designation for these child-placing arrangements.

The amendment to Juv. R. 10(F) conforms to sections 2151.27(C) and 2151.353(B) of the Revised Code. Juvenile Rules 2, 15, and 34 also were amended effective July 1, 2002 to reflect this change in terminology.