Ohio Juv. R. 15

As amended through October 29, 2024

Rule 15 - Process: Issuance, Form

(A) Summons: issuance. After the complaint has been filed, the court shall cause the issuance of a summons directed to the child, the parents, guardian, custodian, and any other persons who appear to the court to be proper or necessary parties. The summons shall require the parties to appear before the court at the time fixed to answer the allegations of the complaint. A child alleged to be abused, neglected, or dependent shall not be summoned unless the court so directs.

A summons issued for a child under fourteen years of age alleged to be delinquent, unruly, or a juvenile traffic offender shall be made by serving either the child's parents, guardian, custodian, or other person with whom the child lives or resides. If the person who has physical custody of the child or with whom the child resides is other than the parent or guardian, then the parents and guardian also shall be summoned. A copy of the complaint shall accompany the summons.

(B) Summons: form. The summons shall contain:

(1) The name of the party or person with whom the child may be or, if unknown, any name or description by which the party or person can be identified with reasonable certainty.

(2) A summary statement of the complaint and in juvenile traffic offense and delinquency proceedings the numerical designation of the applicable statute or ordinance.

(3) A statement that any party is entitled to be represented by an attorney and that upon request the court will appoint an attorney for an indigent party entitled to appointed counsel under Juv. R. 4(A).

(4) An order to the party or person to appear at a stated time and place with a warning that the party or person may lose valuable rights or be subject to court sanction if the party or person fails to appear at the time and place stated in the summons.

(5) An order to the parent, guardian, or other person having care of a child alleged to be an unruly or delinquent child for being an habitual or chronic truant, to appear personally at the hearing and all proceedings, and an order directing the person having the physical custody or control of the child to bring the child to the hearing, with a warning that if the child fails to appear, the parent, guardian, or other person having care of the child may be subject to court sanction, including a finding of contempt.

(6) A statement that if a child is adjudicated abused, neglected, or dependent and the complaint seeks an order of permanent custody, an order of permanent custody would cause the parents, guardian, or legal custodian to be divested permanently of all parental rights and privileges.

(7) A statement that if a child is adjudicated abused, neglected, or dependent and the complaint seeks an order of temporary custody, an order of temporary custody will cause the removal of the child from the legal custody of the parents, guardian, or other custodian until the court terminates the order of temporary custody or permanently divests the parents of their parental rights.

(8) A statement that if the child is adjudicated abused, neglected, or dependent and the complaint seeks an order for a planned permanent living_arrangement, an order for a planned permanent living arrangement will cause the removal of the child from the legal custody of the parent, guardian, or other custodian.

(9) A statement, in a removal action, of the specific disposition sought.

(10) The name and telephone number of the court employee designated by the court to arrange for the prompt appointment of counsel for indigent persons.

(C) Summons: endorsement. The court may endorse upon the summons an order directed to the parents, guardian, or other person with whom the child may be, to appear personally and bring the child to the hearing.

(D) Warrant: issuance. If it appears that the summons will be ineffectual or the welfare of the child requires that the child be brought forthwith to the court, a warrant may be issued against the child. A copy of the complaint shall accompany the warrant.

(E) Warrant: form. The warrant shall contain the name of the child or, if that is unknown, any name or description by which the child can be identified with reasonable certainty. It shall contain a summary statement of the complaint and in juvenile traffic offense and delinquency proceedings the numerical designation of the applicable statute or ordinance. A copy of the complaint shall be attached to the warrant. The warrant shall command that the child be taken into custody and be brought before the court that issued the warrant without unnecessary delay.

Ohio. Juv. R. 15

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

Staff Note (July 1, 2001 Amendment)

Juvenile Rule 15 Process: Issuance, Form

Juvenile Rule 15(B) Summons: form

Rule 15(B) was amended to add new division (5), which deals with orders to be placed on a summons to parents or other responsible adults when a child or adult is summoned to court pursuant to a complaint of chronic or habitual truancy. The new section tracks the language of Revised Code section 2151.28(E)(2), as amended by Sub. Sen. Bill 181 (effective September 4, 2000), and makes clear that the parent or responsible adult must bring the child to truancy hearings or be subject to court sanction, including a finding of contempt. Adding this language to the summons alerts responsible adults to the need to ensure not only his or her own appearance, but that of the child as well. Prior divisions (B)(5) through (B)(9) were renumbered (B)(6) through (B)(10) to reflect this interpolation.

Staff Note (July 1, 2002 Amendment)

Juvenile Rule 15(B) Summons: form

The July 1, 2002, amendment to Juv. R. 15(B)(8) 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. 15(B)(8) conforms to sections 2151.28(D) and 2151.353(B) of the Revised Code. Juvenile Rules 2, 10, and 34 also were amended effective July 1, 2002 to reflect this change in terminology.