OH · rules
Ohio Juv.R. 30
Relinquishment of Jurisdiction for Purposes of Criminal Prosecution
(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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