Ohio Code > Chapter 5139 – Youth Services
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Terms Used In Ohio Code > Chapter 5139 - Youth Services
- Advice and consent: Under the Constitution, presidential nominations for executive and judicial posts take effect only when confirmed by the Senate, and international treaties become effective only when the Senate approves them by a two-thirds vote.
- 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.
- Another: when used to designate the owner of property which is the subject of an offense, includes not only natural persons but also every other owner of property. See Ohio Code 1.02
- Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
- 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.
- Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
- Arrest: Taking physical custody of a person by lawful authority.
- Bequest: Property gifted by will.
- Bond: includes an undertaking. See Ohio Code 1.02
- Child: includes child by adoption. See Ohio Code 1.59
- Commitment: means the transfer of the physical custody of a child or youth from the court to the department of youth services. See Ohio Code 5139.01
- Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
- community corrections facility: means a county or multicounty rehabilitation center for felony delinquents who have been committed to the department of youth services and diverted from care and custody in an institution and placed in the rehabilitation center pursuant to division (E) of section 5139. See Ohio Code 5139.01
- Community residential program: means a program that satisfies both of the following:
(a) It is housed in a building or other structure that has no associated major restraining construction, including, but not limited to, a security fence. See Ohio Code 5139.01
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Comprehensive plan: means a document that coordinates, evaluates, and otherwise assists, on an annual or multi-year basis, all of the functions of the juvenile justice systems of the state or a specified area of the state, that conforms to the priorities of the state with respect to juvenile justice systems, and that conforms with the requirements of all federal criminal justice acts. See Ohio Code 5139.01
- Contract: A legal written agreement that becomes binding when signed.
- Conviction: A judgement of guilt against a criminal defendant.
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Decedent: A deceased person.
- Devise: To gift property by will.
- Discharge: means that the department of youth services' legal custody of a child is terminated. See Ohio Code 5139.01
- Disciplinary time: means additional time that the department of youth services requires a felony delinquent to serve in an institution, that delays the felony delinquent's planned release, and that the department imposes upon the felony delinquent following the conduct of an internal due process hearing for having committed any of the following acts while committed to the department and in the care and custody of an institution:
(a) An act that if committed by an adult would be a felony;
(b) An act that if committed by an adult would be a misdemeanor;
(c) An act that is not described in division (A)(18)(a) or (b) of this section and that violates an institutional rule of conduct of the department. See Ohio Code 5139.01
- Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Executor: A male person named in a will to carry out the decedent
- Felony delinquent: includes any adult who is between the ages of eighteen and twenty-one and who is in the legal custody of the department of youth services for having committed an act that if committed by an adult would be a felony. See Ohio Code 5139.01
- Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
- Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
- 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.
- in writing: includes any representation of words, letters, symbols, or figures; this provision does not affect any law relating to signatures. See Ohio Code 1.59
- institution: means a state facility that is created by the general assembly and that is under the management and control of the department of youth services or a private entity with which the department has contracted for the institutional care and custody of felony delinquents. See Ohio Code 5139.01
- Intangible property: Property that has no intrinsic value, but is merely the evidence of value such as stock certificates, bonds, and promissory notes.
- Internet: means the international computer network of both federal and nonfederal interoperable packet switched data networks, including the graphical subnetwork known as the world wide web. See Ohio Code 1.59
- Judicial release to court supervision: means a release of a child from institutional care or institutional care in a secure facility that is granted by a court pursuant to division (B) of section 2152. See Ohio Code 5139.01
- Judicial release to department of youth services supervision: means a release of a child from institutional care or institutional care in a secure facility that is granted by a court pursuant to division (C) of section 2152. See Ohio Code 5139.01
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Juvenile justice system: includes all of the functions of the juvenile courts, the department of youth services, any public or private agency whose purposes include the prevention of delinquency or the diversion, adjudication, detention, or rehabilitation of delinquent children, and any of the functions of the criminal justice system that are applicable to children. See Ohio Code 5139.01
- Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
- Person: includes an individual, corporation, business trust, estate, trust, partnership, and association. See Ohio Code 1.59
- Personal property: All property that is not real property.
- Placement: means the conditional release of a child under the terms and conditions that are specified by the department of youth services. See Ohio Code 5139.01
- Population: means that shown by the most recent regular federal census. See Ohio Code 1.59
- Probable cause: A reasonable ground for belief that the offender violated a specific law.
- Probate: Proving a will
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
- Probation officers: Screen applicants for pretrial release and monitor convicted offenders released under court supervision.
- Property: means real and personal property. See Ohio Code 1.59
- Public defender: Represent defendants who can't afford an attorney in criminal matters.
- Public safety beds: means all of the following:
(a) Felony delinquents who have been committed to the department of youth services for the commission of an act, other than a violation of section 2911. See Ohio Code 5139.01
- Recourse: An arrangement in which a bank retains, in form or in substance, any credit risk directly or indirectly associated with an asset it has sold (in accordance with generally accepted accounting principles) that exceeds a pro rata share of the bank's claim on the asset. If a bank has no claim on an asset it has sold, then the retention of any credit risk is recourse. Source: FDIC
- Release: means the termination of a child's stay in an institution and the subsequent period during which the child returns to the community under the terms and conditions of supervised release. See Ohio Code 5139.01
- Release authority: means the release authority of the department of youth services that is established by section 5139. See Ohio Code 5139.01
- Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
- Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
- Revocation: means the act of revoking a child's supervised release for a violation of a term or condition of the child's supervised release in accordance with section 5139. See Ohio Code 5139.01
- Rule: includes regulation. See Ohio Code 1.59
- Secure facility: means any facility that is designed and operated to ensure that all of its entrances and exits are under the exclusive control of its staff and to ensure that, because of that exclusive control, no child who has been institutionalized in the facility may leave the facility without permission or supervision. See Ohio Code 5139.01
- state: means the state of Ohio. See Ohio Code 1.59
- Statute: A law passed by a legislature.
- Summons: Another word for subpoena used by the criminal justice system.
- Supervised release: means the event of the release of a child under this chapter from an institution and the period after that release during which the child is supervised and assisted by an employee of the department of youth services under specific terms and conditions for reintegration of the child into the community. See Ohio Code 5139.01
- Testify: Answer questions in court.
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
- Undertaking: includes a bond. See Ohio Code 1.02
- United States: includes all the states. See Ohio Code 1.59
- Victim: means the person identified in a police report, complaint, or information as the victim of an act that would have been a criminal offense if committed by an adult and that provided the basis for adjudication proceedings resulting in a child's commitment to the legal custody of the department of youth services. See Ohio Code 5139.01