Ohio Sup.R. 8.50

2151.85.

(A) Complaint

(1) All actions pursuant to R.C. 2151.85 shall be commenced by filing a complaint on

“Form 23-A” in the juvenile court of the county in which the juvenile resides or in

a county bordering the county where the juvenile resides. The complaint shall be

filed promptly upon the request of the complainant.

(2) A certified copy of the second page of “Form 23 -A,” with the case number noted

on it, shall be given to the complainant after she signs it. The original second page

of the form shall be removed from the file jacket and filed under seal in a safe or

other secure place where access is limited to essential juvenile court personnel. All

index records shall be filed under, “In the Matter of Jane Doe.”

(B) Assistance to minor

A minor seeking to file an action pursuant to R.C. 2151.85 shall be given prompt assistance

by the clerk of the juvenile court in a private, confidential setting. Assistance shall include

performing the notary services necessary to file the complaint and a ffidavits described in

this rule and Sup.R. 8.52.

(C) Filing fees and court costs

A complaint filed pursuant to division (A) of this rule and other forms described in these

rules shall be provided without cost to the minor. No filing fees or court costs shall be

imposed on the minor in connection with these proceedings or any notice of appeal filed in

connection with these proceedings.

(D) Appointment of counsel

Upon the filing of a complaint pursuant to division (A) of this rule, the juvenile court shall

appoint an attorney to represent the complainant if she is not represented by an attorney.

Court-appointed attorneys shall be paid by the court without expense to the complainant.

(E) Appointment of guardian ad litem

Upon the filing of a complaint pursuant to division (A) of this rule, the juvenile court shall

appoint a guardian ad litem. The court may appoint the same individual to serve as both

the attorney and the guardian ad litem. If the court appoints an individual who volunteers

to serve as a guardian ad litem for the complainant, that individual need not be paid. Other

guardians ad litem shall be paid by the court without expense to the complainant.

(F) Hearing

(1) The juvenile court shall promptly conduct a hearing after the filing of a complaint

pursuant to division (A) of this rule and should, if possible, conduct the hearing

within twenty-four hours. In no event shall the court hold the hearing later than five

business days after the filing of the complaint. The court shall accommodate school

hours if at all possible. The hearing shall be conducted by a judge and shall not be

heard by a magistrate. Hearings shall be closed to the public and exclude all persons

except witnesses on behalf of the complainant, her attorney, her guardian ad litem,

and essential court perso nnel. The hearing shall be conducted in a manner that

preserves the anonymity of the complainant. The complainant’s name shall not

appear on the record.

(2) If both maturity and either abuse or best interest are alleged in the complaint, or if

maturity, abuse, and best interest are alleged in the complaint, the court shall rule

on the issue of maturity first. If the court finds against the complainant on the issue

of maturity, it then shall determine the other issues alleged in the complaint.

(G) Judgment

(1) The juvenile court shall enter judgment immediately after the conclusion of the

hearing and immediately provide a copy of the judgment to the complainant. The

court shall issue an order on “Form 23- B” authorizing the complainant to consent

to the performance of an abortion without notice to a parent, guardian, or custodian

if it finds either of the following by clear and convincing evidence:

(a) The complainant is sufficiently mature and well enough informed to

decide intelligently;

(b) There is evidence of a pattern of physical, sexual, or emotional abuse

by one or both of the complainant’s parents, guardian, or custodian

or that notification is not in the best interest of the complainant.

(2) If the court determines that the complainant has not established the allegations of

the complaint by clear and convincing evidence, the court shall dismiss the

complaint. The court shall notify the complainant that she has a right to appeal

pursuant to R.C. 2505.073 and provide the complainant with a copy of the notice

of appeal, “Form 23-C.”

(H) Appeals

(1) Immediately after the notice of appeal has been filed by the complainant, the clerk

of the juvenile court shall notify the court of appeals. Within four days after the

notice of appeal is filed, the clerk shall deliver a copy of the notice of appeal and

the record, except page two of the complaint, to the clerk of the court of appeals

who immediately shall place the appeal on the docket of the court of appeals.

(2) The juvenile court shall prepare a written transcript if possible. If a transcript cannot

be prepared timely and if the testimony is on an audio or video recording, the

recording may be forwarded as part of the record in the case to the court of appeals

without prior transcription and the court of appeals shall accept the recording as the

transcript in the case without prior transcription. The juvenile court shall ensure that

the court of appeals has the necessary equipment to play the recording.

(I) General rule of expedition

If a complainant files a notice of appeal on the same day as the dismissal of her complaint,

the entire court process, including the juvenile court hearing, appeal, and decision, shall be

completed in sixteen calendar days from the time the complaint was filed.

(J) Confidentiality

The juvenile court shall not notify the parents, guardian, or custodian of the complainant

that she is pregnant, that she wants to have an abortion, or that the complaint was filed. All

court papers and records that pertain to the action shall be kept conf idential and shall not

be available for public access pursuant to Sup.R. 11.09 through 11.16.

(K) Verification notice

Upon request of the complainant or her attorney, the clerk of the juvenile court shall verify

on “Form 23-D” the date the complaint was filed and whether a hearing has been held

within five business days after the filing of the complaint. The clerk shall file and include

the form as part of the record and shall provide a date-stamped copy to the complainant or

her attorney.