Ohio Code 2151.25 – Court order to interview and examine a child
(A) If a public children services agency receives a report of child abuse or neglect under section 2151.421 of the Revised Code, or a report that a child may be a dependent child, and is denied reasonable access to the child by a parent, guardian, custodian, or caregiver of the child, or to any other information necessary to determine if the child is, or at risk of becoming, an abused, neglected, or dependent child, the agency may request a juvenile court to issue an order granting the agency access to examine and interview the child, or to conduct other activities necessary to determine the risk to the child. The agency shall make the request by submitting a sworn affidavit explaining the need for the order in the juvenile court of the county in which the child has a residence or legal settlement or in which the reported abuse or neglect of the child occurred or the reported conditions exist regarding the child’s dependency.
Terms Used In Ohio Code 2151.25
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Allegation: something that someone says happened.
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Child: means a person who is under eighteen years of age, except that the juvenile court has jurisdiction over any person who is adjudicated an unruly child prior to attaining eighteen years of age until the person attains twenty-one years of age, and, for purposes of that jurisdiction related to that adjudication, a person who is so adjudicated an unruly child shall be deemed a "child" until the person attains twenty-one years of age. See Ohio Code 2151.011
- Custodian: means a person who has legal custody of a child or a public children services agency or private child placing agency that has permanent, temporary, or legal custody of a child. See Ohio Code 2151.011
- Dependent: A person dependent for support upon another.
- dependent child: means any child:
(A) Who is homeless or destitute or without adequate parental care, through no fault of the child's parents, guardian, or custodian;
(B) Who lacks adequate parental care by reason of the mental or physical condition of the child's parents, guardian, or custodian;
(C) Whose condition or environment is such as to warrant the state, in the interests of the child, in assuming the child's guardianship;
(D) To whom both of the following apply:
(1) The child is residing in a household in which a parent, guardian, custodian, or other member of the household committed an act that was the basis for an adjudication that a sibling of the child or any other child who resides in the household is an abused, neglected, or dependent child. See Ohio Code 2151.04
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Guardian: means a person, association, or corporation that is granted authority by a probate court pursuant to Chapter 2111 of the Revised Code to exercise parental rights over a child to the extent provided in the court's order and subject to the residual parental rights of the child's parents. See Ohio Code 2151.011
- Juvenile court: means whichever of the following is applicable that has jurisdiction under this chapter and Chapter 2152 of the Revised Code:
(a) The division of the court of common pleas specified in section 2101. See Ohio Code 2151.011
- Probable cause: A reasonable ground for belief that the offender violated a specific law.
- Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
(B) The affidavit shall include the following:
(1) The particular facts of the allegation or allegations in the report that may indicate the child is an abused, neglected, or dependent child;
(2) The agency’s efforts to gather additional information to determine whether or not the child may be, or at risk of becoming, an abused, neglected, or dependent child;
(3) The agency efforts to obtain consent from a parent, guardian, custodian, or caregiver to examine and interview the child, or to conduct other activities necessary to determine the risk to the child;
(4) The activities the agency deems necessary to determine the current risk to the child.
(C) The affidavit shall not identify the source of the allegation or allegations in the report that may indicate the child is an abused, neglected, or dependent child.
(D)(1) Upon receipt of request and a sworn affidavit submitted according to division (A) of this section, if the court determines that probable cause exists, the court may, without a hearing, issue an order requiring the parent, guardian, custodian, or caregiver of the child comply with the agency’s investigation, including, an interview and examination of the child, and other activity the court deems necessary to determine the current risk posed to the child.
(2) The court may include within the order specific instructions on the manner and location of the interview and examination of the child, as well as detail any other necessary activities.
(E) An order issued pursuant to this section is not a final, appealable order for purposes of appeal under division (B) of section 2505.02 of the Revised Code.
Last updated September 9, 2021 at 12:13 PM