LibGuides: Child Welfare Law in Ohio: Adjudicatory Hearing

Hearings in Child Welfare Cases

The adjudicatory hearing is the fact determining stage in juvenile cases. The party with the burden of proof is required to produce sufficient evidence to establish that the child is abused, neglected or dependent. The opposing party has the right to challenge the evidence through cross-examination and the introduction of its own evidence. There must be strict adherence to the Rules of Evidence at the adjudicatory stage. The procedures must also comply with due process requirements.

Ohio Revised Code

Oh. Rev. Code Sec. 2151.28
Requires the adjudicatory hearing date be set within 72 hours after a shelter care complaint is filed. The adjudicatory hearing must be held within 30 days in abuse, neglect and dependency cases. The hearing may be continued for up to 30 days to allow for service on all parties and any necessary evaluation. The hearing must be completed within 60 days of filing the complaint.
Oh. Rev. Code Sec. 2151.35
Procedure for hearings in juvenile court
Oh. Rev. Code Sec. 2151.352
Right to counsel and parent or guardian's right to attend hearing
Oh. Rev. Code Sec. 2317.01
All persons are competent witnesses except those of unsound mind and children under ten years of age who appear incapable of receiving just impressions of the facts. In a hearing in an abuse, neglect, or dependency case, any examination made by the court to determine whether a child is a competent witness shall be conducted by the court in an office or room other than a courtroom or hearing room, shall be conducted in the presence of only those individuals considered necessary by the court for the conduct of the examination or the well-being of the child, and shall be conducted with a court reporter present.

Ohio Rules of Court

Oh. Rule of Juv. Proc. 29
Adjudicatory Hearing
Oh. Rule of Juv. Proc. 27
No jury trials and permits the exclusion of the general public
Oh. Rule of Juv. Proc. 37
The juvenile court shall make a record of
adjudicatory proceedings in abuse, neglect, dependent, unruly, and delinquent cases; permanent custody cases; and proceedings before magistrates.
Oh. Rules of Evidence
Oh. Rule of Civ. Proc. 53
Magistrates, including objecting to a magistrate's decision

Child Welfare Law in Ohio: Adjudicatory Hearing

Hearings in Child Welfare Cases

Ohio Revised Code

Ohio Rules of Court

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