Ohio R. Superi. Ct. 5.01

As amended through March 13, 2024
Rule 5.01 - Local Child Restraint Rule

Each court or division of a court shall adopt a local rule governing the use of physical restraints on children appearing in court proceedings before the court or division. The local rule shall do all of the following:

(A) Create a presumption that physical restraint shall not be utilized unless the judge or magistrate before whom the child is appearing makes an individualized determination on the record that there is no less restrictive alternative to the use of physical restraint and that the physical restraint of the child is necessary because of either of the following:
(1) The child represents a current and significant threat to the safety of the child's self or other persons in the courtroom;
(2) There is a significant risk the child will flee the courtroom.
(B) Require the judge or magistrate to permit any party, as defined in Juv.R. 2(Y), to be heard on the issue of whether the use of physical restraint is necessary for that particular child at that particular proceeding;
(C) If physical restraint is found necessary by the judge or magistrate, require the restraint be the least restrictive necessary to meet the risk requiring the restraint and in a manner which does not unnecessarily restrict the movement of the child's hands.

Ohio. R. Superi. Ct. 5.01

Effective 7/1/2016.