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OH · rules

Ohio Juv.R. 30

Relinquishment of Jurisdiction for Purposes of Criminal Prosecution

activein force · 2023-07-01 – presentact-effective-date

(A) Preliminary hearing

In any proceeding where the court considers the transfer of a case for criminal prosecution,

the court shall hold a preliminary hearing to determine if there is probable cause to believe

that the child committed the act alleged and that the act would be an offense if committed

by an adult. The hearing may be upon motion of the court, the prosecuting attorney, or the

child.

(B) Mandatory transfer

In any proceeding in which transfer of a case for criminal prosecution is required by statute

upon a finding of probable cause, the order of transfer shall be entered upon a finding of

probable cause.

(C) Discretionary transfer

In any proceeding in which transfer of a case for criminal prosecution is permitted, but not

required, by statute, and in which probable cause is found at the preliminary hearing, the

court shall continue the proceeding for full investigation. The investi gation shall include

a mental examination of the child by a public or private agency or by a person qualified to

make the examination. When the investigation is completed, an amenability hearing shall

be held to determine whether to transfer jurisdiction. The criteria for transfer shall be as

provided by statute.

(D) Notice

Notice in writing of the time, place, and purpose of any hearing held pursuant to this rule

shall be given to the state, the child's parents, guardian, or other custodian and the child's

counsel at least three days prior to the hearing, unless written noti ce has been waived on

the record.

(E) Retention of jurisdiction

If the court retains jurisdiction, it shall set the proceedings for hearing on the merits.

(F) Waiver of mental examination

The child may waive the mental examination required under division (C) of this rule.

Refusal by the child to submit to a mental examination or any part of the examination shall

constitute a waiver of the examination.

(G) Order of transfer

The order of transfer shall state the reasons for transfer.

(H) Release of child

With respect to the transferred case, the juvenile court shall set the terms and conditions

for release of the child.

History

Effective Date: July 1, 1972 Amended: July 1, 1976; July 1, 1994; July 1, 1997; July 1, 2023

Provenance

Source
supremecourt.ohio.gov
Retrieved
2026-09-14
Edition
2026-09-14
Content hash
6a55ac371772def87c68fc2f43e3a5c27a673b1df6265a71846ad8596d836733
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