Juvenile Information

GENERAL INFORMATION

1. HEARINGS & PROCEDURES

 

 

 

1.1

SESSIONS OF COURT

 

 

Regular session of Court shall be from 8:30 a.m. to 4:00 p.m., with a lunch break from 12:00 p.m. to 1:00 p.m. Monday through Friday, except for legal holidays and such other occasions as may be specifically ordered by the Court

 

 

 

1.2

RECORDING OF PROCEDURES

 

 

Unless otherwise ordered by the Court, all matters of record shall be preserved by electronic recording. Anyone wishing to have a written transcript of a proceeding shall contact the court reporter and request the same in writing.

 

1.3

COSTS FOR TRANSCRIPT OF PROCEEDING

 

 

The rates per page to be charged by the Court Reporter for transcribed proceedings are established as follows:

 

Original (for filing with the court) & one copy

$4.75 per page

 

Minimum Transcript Fee

$50.00

 

Expedited Transcript Fee

$75.00

 

A deposit is required by the Court Reporter upon the request of a transcript. In the absence of an express agreement to the contrary, an attorney who has ordered a transcript on behalf of a client will be liable for services rendered by the Court Reporter.

All rights to said transcripts are reserved by the Court Reporter; all others are prohibited from making copies of the same.

 

 

 

 

 

 

1.4

MANDATORY APPEARANCES & WRITTEN DENIALS

 

Any juvenile required to appear before this Court shall appear in person and be accompanied by a parent or legal custodian. If a juvenile appears at Court without a parent or legal custodian, the Court may reschedule such hearing to allow parent or legal custodian to appear or appoint a Guardian Ad Litem for the child and assess the cost of the same to the parent or legal custodian.

A written denial may be filed by counsel in lieu of appearance of a juvenile for arraignment. Said denial shall be filed prior to the scheduled arraignment

 

Exception: The Court will not accept a written denial in lieu of appearance with regard to any sexual offense or OVI charge. Appearance by the juvenile and parent/legal custodian is mandatory

1.5

MANDATORY APPEARANCE ON TRAFFIC OFFENSES

 

All juveniles cited with a moving traffic violation are required to appear for traffic court with a parent or legal custodian. A written denial filed by counsel prior to the scheduled appearance will be accepted in lieu of appearance with the exception of matters involving OVI offenses.

 

1.6

TRAFFIC CITATIONS

 

 

Any juvenile given a traffic citation shall be scheduled for arraignment no later than two weeks following the date of the offense or date of service, whichever occurs earlier. The citing officer shall provide the appearance date on the citation and said citation shall be filed with this Court no later than one court day prior to that appearance.

 

1.7

CONTINUANCES

 

 

Except in cases of emergency or by order of the Court, all requests for continuance of hearings shall be in the form of a written motion and accompanied by an entry for the same. Said entry shall be submitted to all parties for approval (phone approval is acceptable) and a notation of approval or denial shall be noted on the same. A request for continuance may only be granted by the Court.

 

1.8

JURY COSTS

 

 

On criminal cases wherein a trial by jury is demanded, no deposit shall be required, but the Court must be notified of any withdrawal of said demand or intention to change plea, in writing, no later than ten (10)days prior to the scheduled jury trial. If said notification is not timely provided, a minimum charge of $500 for jury fees or the amount equal to the number of jurors to be paid shall be added to the defendant’s court costs.

 

1.9

ENTRIES

 

 

It is the responsibility of the prosecuting attorney or his office to timely prepare all entries and rulings of the Court for journalization on those cases filed by said office. On all other cases, it will be the responsibility of the prevailing party to timely submit entries to the Court.

 

1.10

FINDINGS OF FACT

 

 

A party who requests findings of fact and conclusions of law shall also file, within ten (10) days after filing said request with the Court, a proposed findings of fact and conclusion of law and submit a copy thereof to opposing counsel. Opposing counsel shall then, within ten (10) days, submit any objections thereto and/or his/her proposed findings of fact and conclusions of law.

 

Failure of any party to request, submit or object to the findings within said time frame constitutes a waiver of the same

 

1.11

MEDIA & PUBLIC ACCESS TO HEARINGS

Effective 3/4/1999

 

Any party to a juvenile court proceeding who wishes to have a hearing closed to the media and/or general public, shall file a written motion requesting closure and setting forth with particularity the reasons for closure that are in accordance with the Ohio Supreme Court decisions in State ex. rel. Dispatch Printing Company v. Lias(1994), 68 Ohio St. 3d 497 and In re. T.R., (1990), 52 Ohio St. 3d 6 and the authorities of Press-Enterprise v. Supreme Court of California, 464 U.S. 501 (1983), andPress-Enterprise v. Superior Court, 478 U.S. 1 (1986). Motions which do not set forth the required particularity will be summarily overruled.

All written motions seeking closure of the Court to the media and/or general public must be filed at least seven (7) days prior to any hearing the moving parties are requesting to be closed to the media and/or general public. Exceptions to the seven day requirement may be granted by leave of court. The moving party must also serve a copy of its written motion upon the following entities: The Columbus Dispatch, c/o Zeiger and Carpenter, Attorneys-At-Law, 1600 Huntington Center, 41 South High Street, Columbus, Ohio 43215; The Lancaster Eagle Gazette, 138 West Chestnut Street, Lancaster, Ohio 43130 and Channels 4, 6 and 10 of the local television stations.

 

Unless summarily overruled, the Court will set a hearing regarding closure of the Court and will provide at least 48 hours advanced notice of the date and time of the hearing to the media referenced above, who shall be given the full opportunity to participate in the closure hearing.

1.12

COURT SECURITY

 

 

A plan for court security is on file with the Administrative Director’s Office of The Supreme Court of Ohio, 65 South Front Street, Columbus, Ohio and is not treated as public record.

 

2.0 PLEADINGS & COURT FILINGS

 

2.1

PAPER

 

 

All pleadings and papers filed with this Court shall be on 8-1/2 x 11 inch paper, preferably double-spaced. The foregoing shall not apply to any Exhibits. All documents filed with this Court shall include counsel’s Supreme Court registration number along with other identifying information such as address and phone number.

 

2.2

PLEADING SIGNATURES

Effective. 2/3/03

 

All original pleadings filed with the Court shall be signed in blue ink. Pleadings signed in black ink shall be returned.

 

2.3

FILES

 

 

No files shall be removed from the Court without the written permission of the Court.

 

 

 

 

2.4

ELECTRONIC FILING

Effective 1-1-05

 

  1. The definition of “electronic filing” for the purpose of this rule of Court will be limited to fax. Pleadings or other papers, with the exception of those set out below, may be filed by paper facsimile with the Court to 740-687-0942. Any pleading and/or other papers shall be deemed filed upon receipt and shall be file-stamped the date of receipt. Any pleading or papers received after 4:00 p.m. shall be considered filed the next day of court business.
  2. Any document filed by fax shall be accepted as the original filing. The person making said filing shall maintain the original in his or her records and have available for production on request by the Court the source document and accompanying cover sheet.
  3. All pleadings or papers filed by fax shall be accompanied by a cover page containing the following information:
    1. The name of the court;
    2. Title of the case;
    3. The case number
    4. The title of the document being filed and the number of pages thereto;
    5. Date of transmission;
    6. Name of the individual filing the document with contact information and transmitting fax number.
  4. Any pleading filed by fax that does not comply with the above requirements or is defective upon its face shall not be considered filed with the Court.
  5. The following documents may not be filed by facsimile:
    1. Any original complaint, motion or document requiring a filing fee.
    2. Grandparent/caretaker affidavit or power of attorney.

 

 

 

3. COUNSEL

3.1

APPEARANCE OF COUNSEL

 

 

All counsel representing a party in any pending case before this Court shall file an appearance in writing so that the same may be entered upon the record. Said appearance may be made on the form provided by the Court or any written pleading. Attorneys failing to file such written appearance shall forfeit notice of hearing, recognition as counsel for a party and other courtesies provided by the Court.

 

 

 

3.1(A)

WITHDRAWAL OF COUNSEL

Effective 9/25/06

 

A written motion and entry must be presented to the Court if counsel wishes to withdraw representation of a party. Counsel may not withdraw representation without permission being granted by the Court in writing.

 

 

 

3.2

COURT-APPOINTED COUNSEL

 

 

  1. This Court shall appoint only attorneys on the general court-appointed list held by this Court. One-time appointments and special appointments shall not be granted.        Effective 6/14/04
  2. All counsel appointed

 

  1. All counsel appointed by the Court shall personally represent and appear at all hearings on cases in which they are appointed except when after good cause shown, and with approval of the party being represented, the Court excuses their appearance. Effective 1/6/03
  2. Any counsel appointed by the Court in an abuse, neglect or dependency cases shall remain as counsel during the entire pendency of the case unless the Court grants permission to withdraw as counsel. The Court reserves the right to request the parties, at any time, to complete a new application for counsel to determine any change in financial circumstances. Effective 6/13/02

 

 

 

3.3

APPOINTED COUNSEL FEES

 

 

Appointed counsel shall submit an application for fees no later than 60 days from the date of disposition, or in post-adjudicatory matters, 60 days from the date of the last action. Any applications submitted after this deadline will be denied payment.

Said fee application shall have a copy of the application for attorney and entry of appointment attached. Counsel shall file the original, plus three copies with the Court.

 

 

 

3.4

DUTIES OF THE GUARDIAN AD LITEM/ATTORNEY FOR THE CHILD

Effective 10/12/05

 

  1. Before Adjudication and Disposition
    1. Meet the child. If the child is of sufficient age to have communicative ability, interview the child.
    2. Interview both parents if permitted by their counsel.
    3. When possible, observe each parent with the child. Observe the interaction between parent and child, and be aware of the appropriateness of discipline, conversations, and activities.
    4. Perform home visits of each parent to determine living conditions.
    5. If child is not residing with a parent, perform a home visit of child’s current living conditions. Ask the child’s care givers for their assessment of the child’s overall condition.
    6. Determine whether there is a conflict in the dual appointment as Guardian Ad Litem and Attorney for the child. If there is a conflict, contact the Court immediately in writing.
    7. Be prepared to summarize the extent as to which you have performed these duties if asked by the Court or any party.
  2. If a Post-Dispositional Motion has been filed
    1. Interview the child again to determine whether there is a conflict in the dual appointment now that a post-dispositional motion has been filed. If there is a conflict, contact the Court at least thirty days before the date of the hearing on the post-dispositional motion.
    2. If a motion for permanent custody has been filed, comply with Ohio Revised Code Section 2151.414 (C) which states that the written report of the Guardian Ad Litem shall be submitted to the Court prior to or at the time of the permanent custody hearing.
  3. General Duties
    1. The Guardian Ad Litem shall attend all court hearings, court reviews, and semi-annual reviews. If possible, the Guardian Ad Litem should attend all meetings at Fairfield County Children Services regarding the child.
    2. The Guardian Ad Litem will continue to serve as the Guardian Ad Litem until the case is dismissed, terminated, or until specifically ordered by the Court.

Counsel shall comply with the above duties unless specifically excused by the Court.

 

 

 

 

 

 

4.0 CUSTODY & SUPPORT ISSUES

4.1

CUSTODY CASES

 

 

Having concurrent jurisdiction of custody matters with the Fairfield County Domestic Relations Court and pursuant to an agreement with said Court, this Court shall handle only those custody cases involving a transfer of custody to non-related parties. All other custody matters will be handled through the Fairfield County Domestic Court.

Temporary custody cases involving non-related parties may be filed in this Court using the form packet available in the clerk's office. Upon filing, the Court will have a home investigator visit the home of the party requesting custody.

If all parties are in agreement and all consents, waivers and required documentation has been submitted to the Court, the matter will be scheduled for a non-oral hearing. Upon receipt of a favorable home investigation, the Court will grant the temporary custody. If the Court is not in receipt of all consents, waivers and required documentation, the matter will be scheduled for an oral hearing and all parties will be required to attend.

Temporary custody will be granted for a one-year period. Prior to the expiration of the temporary custody order, a request for the extension of the temporary custody, along with signed consents & waivers of all parties, may be filed with the Court. If no such request is filed, the Court will schedule the matter for hearing.

 

 

 

4.2

CHILD SUPPORT

Effective 11/17/03

 

Fairfield County Child Support Enforcement Agency is authorized by this Court to change the payee (obligee) of any existing child support order upon notification of a legally authorized change of custodian or residential parent for any child, with the exception of temporary shelter custody, who is the subject of any child support order.

 

 

 

5.0 COURT COSTS & PROGRAM FEES

 

 

 

5.1

COURT COSTS

 

 

Court costs and program fees are set forth in Appendix A and attached hereto.

 

 

 

5.2

REIMBURSEMENT FEES FOR DETENTION & FOSTER

 

Any party ordered to make reimbursement to the Court for support of a child placed in detention and/or foster shall do so at the minimum rate of $5.00 per day or pursuant to the Child Support Guidelines, whichever rate is greater.

Parents or legal custodian of any child placed in foster or detention shall be responsible for the cost of the same in full if there is no previous court order setting the rate of reimbursement. A review of the same for modification will be conducted upon submission of financial information of the parties to the probation department.

 

 

 

5.3

RESTITUTION

Effective 4/8/02

 

Any restitution ordered by the Court will be limited to a maximum of $500 per child, per case. Restitution payments shall be monitored by the probation department and a 5% surcharge for collection shall be assessed as court costs.

 

 

 

5.4

PROBATION FEES

 

 

A probation services fee shall be assessed against any juvenile placed on probation by this Court. Amended 4/29/02

Any juvenile having an informal citation filed against them in this Court shall be charged a probation service fee for the same. Effective 4/11/02

 

 

 

5.5

PAYMENT OF FEES & COURT COSTS

Effective 4/11/02

 

Anyone unable to pay a fine, fees or court costs on a case with 30 days shall be placed on a payment schedule and be charged a one-time processing fee. If payment in full is not made within a reasonable time period, the Court may elect to employ a collection agency to collect the same, pursuant to O.R.C. 2152.20.

 

 

 

6.0 RECORD RETENTION

6.1

Medium

 

 

The Court adopts the combined indexes, dockets and journals as defined in Superintendence Rule 26.01 through 26.05. The indexes, dockets and journals shall be maintained in an electronic medium. The records shall be permanently retained. Microfilm, digital imaging or electronic data shall be considered the permanent record. Traditional paper or bound book records may be destroyed after having been transferred to such medium. Case files shall be maintained in traditional paper medium until after having been converted to digital imaging.

 

 

 

6.2

Exhibits, depositions and transcripts

 

 

All exhibits, depositions and transcripts may be destroyed after the conclusion of the litigation and the exhaustion of the times for direct appeal upon the following conditions:
  1. The Clerk of Courts notifies, in writing, the party who tendered the exhibits, depositions or transcripts that the party may retrieve the exhibits, depositions or transcripts within sixty (60) days of the written notification.
  2. The written notification apprises the party who tendered the exhibits, depositions or transcripts that the exhibits, depositions or transcripts that the exhibits, depositions or transcripts will be destroyed within sixty (60) days if not retrieved.
  3. The written notification informs the party who tendered the exhibits, depositions or transcripts of the location for retrieval of the exhibits, depositions or transcripts.
  4. The party who tendered the exhibits, deposition or transcripts does not retrieve the exhibits, depositions or transcripts within sixty (60) days from the date of notification.

 

 

 

6.3

Administrative Records

 

 

Bank Transaction Records, whether paper or electronic, shall be retained for four (4) years or until the issuance of two audit reports, whichever is later.

Cash Books, including receipt and disbursement records, shall be retained for four (4) years or until the issuance of two audit reports, whichever is later.

Communication Records, including routine telephone messages on any medium where official action will be recorded elsewhere, may be destroyed in the normal course of business as soon as they are considered of no value by the person holding the record.

Correspondence and General Office Records, including all sent and received correspondence, in any medium may be destroyed in the normal course of business as soon as they are considered of no value by the person holding the record.

Drafts and Informal Notes, consisting of transitory information used to prepare the official record in any form may be destroyed in the normal course of business as soon as they are considered of no value by the person holding the record.

Employment Applicationsshall be retained for two (2) years.

Employee Benefit, Leave, History and Discipline Records, shall be retained for ten (10) years after the employee’s employment has been terminated.

Fiscal Records, including but not limited to copies of the transactional budgeting, unclaimed funds, records, payment of jurors and witnesses, shall be retained for four (4) years or until the issuance of two audit reports, whichever is later.

Grant Recordsshall be retained for four (4)years or until the issuance of two audit reports, whichever is later.

Payroll Recordsshall be retained for four (4) years or until the issuance of two audit reports, whichever is later.

Publicationsreceived may be destroyed in the normal course of business as soon as they are considered of no value by the person holding the record.

Receipt and Balance Recordsshall be retained for four (4) years or until the issuance of two audit reports, whichever is later.

Request for Proposals, Bids and Resulting Contractsreceived in response to requests for proposals, bids and resulting contracts shall be retained for four (4) years or until the issuance of two audit reports, whichever is later.

 

 

 

6.4

Juvenile Case Files

 

 

Delinquency and Adult Recordsshall be retained for fifty (50) years after the final order of the juvenile division or one (1) year after the issuance of an audit report by the Auditor of State, whichever is later.Amended 9/23/04

Permanent Custody, Custody, Parentage, Visitation, Support Enforcement, Abuse, Neglect, Dependency and URESA recordsshall be retained for two (2) years after the child who is the subject of the case obtains the age of majority. If post-decree motions have been filed, records shall be retained for one year after the adjudication of the post-decree motion or the date specified for said case file as set forth herein, whichever is later.

Search Warrant recordsshall be indexed and the warrants and returns retained in their original form for five (5) years after the date of service or last service attempt.

Traffic, Unruly, Marriage Consents and School Withdrawal recordsshall be retained for two (2) years after the final order of the juvenile division or one year after the issuance of an audit report by the Auditor of State, whichever is later. Minor misdemeanor traffic records shall be retained for twenty-five (25) years after the final order of the juvenile division. All other traffic records shall be retained for fifty (50) years after the final order of the juvenile division.

Amended 2/1/05

 

 

 

6.5

Notification.

 

 

The Clerk shall notify, in writing, the Ohio Historical Society and the Fairfield Heritage Association of all case files that were created prior to 1960 or have a retention period greater than 10 years which are scheduled for destruction sixty (60) days prior to the destruction of the records and offer the original records for safekeeping to them. The priority of the offer shall be in the order listed above. These records may be transferred to the possession of said entity as long as they maintain the records as public records. The records may not be destroyed or otherwise disposed of by said organizations without prior written consent of the Court.