Ohio Juv. R. 32

As amended through October 15, 2024
Rule 32 - Social History; Physical Examination; Mental Examination; Investigation Involving the Allocation of Parental Rights and Responsibilities for the Care of Children
(A) Social history and physical or mental examination: availability before adjudication. The court may order and utilize a social history or physical or mental examination at any time after the filing of a complaint under any of the following circumstances:
(1) Upon the request of the party concerning whom the history or examination is to be made;
(2) Where transfer of a child for adult prosecution is an issue in the proceeding;
(3) Where a material allegation of a neglect, dependency, or abused child complaint relates to matters that a history or examination may clarify;
(4) Where a party's legal responsibility for the party's acts or the party's competence to participate in the proceedings is an issue;
(5) Where a physical or mental examination is required to determine the need for emergency medical care under Juv. R. 13; or
(6) Where authorized under Juv. R. 7(I).
(B) Limitations on preparation and use. Until there has been an admission or adjudication that the child who is the subject of the proceedings is a juvenile traffic offender, delinquent, unruly, neglected, dependent, or abused, no social history, physical examination or mental examination shall be ordered except as authorized under subdivision (A) And any social history, physical examination or mental examination ordered pursuant to subdivision (A) Shall be utilized only for the limited purposes therein specified. The person preparing a social history or making a physical or mental examination shall not testify about the history or examination or information received in its preparation in any juvenile traffic offender, delinquency, or unruly child adjudicatory hearing, except as may be required in a hearing to determine whether a child should be transferred to an adult court for criminal prosecution.
(C) Availability of social history or investigation report. A reasonable time before the dispositional hearing, or any other hearing at which a social history or physical or mental examination is to be utilized, counsel shall be permitted to inspect any social history or report of a mental or physical examination. The court may, for good cause shown, deny such inspection or limit its scope to specified portions of the history or report. The court may order that the contents of the history or report, in whole or in part, not be disclosed to specified persons. If inspection or disclosure is denied or limited, the court shall state its reasons for such denial or limitation to counsel.
(D) Investigation: allocation of parental rights and responsibilities for the care of children; habeas corpus. On the filing of a complaint for the allocation of parental rights and responsibilities for the care of children or for a writ of habeas corpus to determine the allocation of parental rights and responsibilities for the care of a child, or on the filing of a motion for change in the allocation of parental rights and responsibilities for the care of children, the court may cause an investigation to be made as to the character, health, family relations, past conduct, present living conditions, earning ability, and financial worth of the parties to the action. The report of the investigation shall be confidential, but shall be made available to the parties or their counsel upon written request not less than three days before hearing. The court may tax as costs all or any part of the expenses of each investigation.

Ohio. Juv. R. 32

Effective:7/1/1972; amended effective 7/1/1973;7/1/1976;7/1/1991;7/1/1994.