Effective February 1, 2026
The Rules hereinafter set forth apply to the Juvenile Division of the Miami County Court of Common Pleas. Additional local rules have been adopted by the General Division, Domestic Relations Division, and the Probate Division, and may be adopted by such other divisions of the Court as may be created, governing practice and procedures in those divisions. The Common Pleas Court of Miami County, Ohio has four divisions: the General Division, the Domestic Relations Division, the Probate Division, and the Juvenile Division.
These Local Rules are to supplement the Ohio Rules of Juvenile Procedure, Ohio Rules of Civil Procedure, Ohio Rules of Criminal Procedure, Ohio Traffic Rules, and the Rules of Superintendence. These Local Rules shall be interpreted to achieve prompt, efficient, and fair resolution of cases. In the event that any portion of a rule is found to be ambiguous, the rule shall be interpreted as follows:
These rules shall be known as the “Local Rules of Practice of the Miami County Common Pleas Court, Juvenile Division.” These rules may be cited as “Loc. Juv. R.____”.
These rules are effective as of the date adopted by the Court.
All Miami County Juvenile Court forms referenced herein are available on the Court’s website at www.miamicountyohio.gov. Many are also available on the Ohio Supreme Court website at www.supremecourt.ohio.gov. All may be requested at the Miami County Juvenile Court Clerk’s office.
The top three (3) inches of the initial sheet of every pleading, motion or brief, or other papers filed for record shall be left blank for the Clerk of this Court to file stamp the date and time of filing. The Clerk is authorized to refuse to accept any such document not conforming to such requirement.
Every pleading, motion, and memorandum shall be legibly typewritten or printed on 8.5 x 11 in paper. The name, address, telephone number, email address, and Ohio Supreme Court attorney registration number shall appear on all filings. All pro se filings shall contain the name, address, telephone number, and email address of the person filing the document.
All motions, when appropriate, shall be accompanied by a memorandum in support, which shall set forth the specific grounds for the relief sought, along with citations to controlling authorities relied upon in requesting the relief.
Each pleading shall contain a certificate of service which shall state the date and manner of service designating whether it was sent by certified mail, ordinary mail, facsimile transmission (fax), or hand delivery. In addition, the certificate shall state the name, business address, and fax number (if used) for service to each attorney or party to whom the filing is directed and shall be signed in accordance with Ohio Civil Rule 11.
3.01 A party requesting service by the Clerk of Court must provide the current address of all parties to be
served regardless of the form of service requested.
Any request for service of a complaint, counterclaim, motion, order or other
paper requiring service pursuant to the Ohio Rules of Civil Procedure shall be accompanied by
a time stamped copy of the paper to be served.
Unless otherwise requested, all service shall be by certified mail. It remains the responsibility of
party seeking the action or relief to secure service of process in accordance with the Ohio Rules of Civil Procedure.
All motions for Emergency Custody shall be served by Sheriff or Process Server.
3.02 In all cases when service of process is to be accomplished by publication, it shall be the responsibility of the party to ensure that the publication is accomplished, including the selection of the means of publication and the preparation of the Motion for Publication, Affidavit in Support, Entry authorizing Service by Publication, and the Notice for Publication.
3.03 Upon completion of the publication of service, the party shall file with the Court an affidavit from the publisher showing the fact of publication, together with a copy of the notice of publication. The affidavit and its exhibits shall constitute the proof of service.
3.04 Service by publication may be accomplished through posting and perfection of service in this manner shall be as set forth in Juv. R. 16. The party seeking service by publication through posting shall file with the Court 1) a Motion requesting service by publication through posting; 2) an affidavit which avers that the residence of the person to be served is unknown and cannot be ascertained with due diligence, the efforts which evidence due diligence in finding a current address or why such efforts are impossible and a last known address, if available; 3) an Entry authorizing service by publication through posting; 4) the summary statement required by Juv. R. 16 to be posted.
3.05 The notice shall be posted on the Miami County Juvenile Court website, in a section designated “Public Notices,” in accordance with Ohio Juv. R. 16 and Civ. R. 4.4
4.01 The Clerk's Office shall not accept any action or proceeding for filing without the requisite filing fee set forth in the attached Schedule of Filing Fees.
4.02 If a party seeking to file a pleading believes he/she is indigent, he/she may file an
application for the waiver of the filing fee. The application must contain income information for
each member of the household. Upon reviewing the application, the magistrate will determine if the
application is complete and would support a finding of indigency. The party will then be notified if
they qualify for the waiver of the filing fee or not. If not, the filing will not be accepted
until the filing fee is paid.
The submission of the application for the waiver of filing fees does NOT relieve a party from
the filing fee requirement.
4.03 If the application is approved, the Court retains the authority to assess the filing fees against any party at the conclusion of the case. If the application is not approved, the party moving for waiver will have fourteen days after the denial to remit the filing fee to the Court. If the party fails to do so, the substantive pleading submitted with the Application to Waive Filing Fee will be returned to the party without further action.
4.04 Witness fees and subpoena fees shall be paid as set forth in Ohio Revised Code Section 2335.06.
4.05 The party shall also pay an issuance fee of Two Dollars ($2.00) per subpoena. The issuance fee must be made by check, money order or cash and is due prior to the issuance of the subpoena. A check or money order shall be made payable to the Miami County Juvenile Court.
4.06 No witness fees or issuance fees shall be required of the Miami County Child Support Enforcement Agency or the Miami County Children's Services Board for the subpoena of witnesses in any original action or subsequent motion to seek modification, enforcement, extension or termination of existing orders.
4.07 An alleged juvenile or adult offender seeking to issue a subpoena must file a praecipe for the subpoena. No witness or issuance fee is required at the time of filing the praecipe. Any costs associated with the issuance of a subpoena shall be assessed at the conclusion of the case.
5.01 All matters heard by the Judge or a Magistrate will be recorded via digital technology. This electronic recording is the court’s official record.
5.02 Upon written request filed with the Clerk, a party to the case may request a typewritten transcript of the proceedings. Within five days of the request, a court reporter shall prepare a written estimate of the cost of the deposit for the transcript and notify the requesting party of the same. Upon payment of a required deposit an official typewritten transcript of the proceedings shall be prepared from the digital recording. The deposit must be made within fourteen days of the issuance of the written cost estimate, or the request will be considered withdrawn. Transcripts shall be completed within a reasonable time, which shall be 14 days from the date the deposit is made, unless otherwise ordered.
5.03 A request for preparation of a transcript does not extend or stay the time for the filing of objections to a Magistrate's Decision and Journal Entry in accordance with Juvenile Rule 40. Any supplementation of objections after the filing of the transcript shall be only at the Court’s discretion for good cause shown.
5.04 Parties may obtain a copy of the recording on compact disc by filing a written request with the Clerk. A $1.00 fee to cover cost of the compact disc/case is required. If the request is for the compact disc to be mailed, an additional $3.00 is required to cover postage costs. Compact discs will be made available within 7 days of the request.
5.05 The compact disc version of the hearing is not a substitute for the official typewritten transcript of the hearing. All appeals submitted to the Second District Court of Appeals require an accompanying typewritten transcript; compact discs will not be accepted for the appeals process.
6.01 The court adopts the Model Parenting Time Schedules contained in the Appendix. The Court promotes, whenever possible, parenting by both parents.
6.02 All child support orders/modifications shall include a Juv. Form 16, and a child support calculation worksheet.
6.03 All allocation, reallocation of parental rights and responsibilities and legal custody orders or modifications shall include Juv. 16, a child support calculation and Model Parenting Time Schedule.
7.01 Each party is responsible for the payment of his/her own attorney fees. In some extraordinary circumstances, established by statute, a party may seek an order requiring the other party to pay for his/her attorney fees. A party seeking payment of attorney fees from the opposing party must do so by a written motion and accompanying memorandum in support setting forth the legal basis for the request.
7.02 The Court shall advise unrepresented parties of their rights and responsibilities provided in this rule at their initial appearance before the Court.
7.03 In certain civil matters and criminal matters, a party may be entitled to court-appointed counsel. Court-appointed counsel shall be as provided by law.
7.04 Applications for court-appointed counsel shall be accompanied by affidavit of indigency with income/asset verification as may be necessary to determine that applicant qualifies for court-appointed counsel. An application fee may be charged.
7.05 Applications for court-appointed counsel shall be completed and submitted with all supporting documentation within seven (7) calendar days after the party was advised by the Court of his/her right to court-appointed counsel unless the seventh day is a day upon which the Court is not open for business, in which case the completed application shall be submitted the next day the Court is open for business. Should an adult fail to submit the application for court-appointed counsel in accordance with this rule, absent good cause, such failure may be considered a waiver of the right to court-appointed counsel and/or may not serve as a basis for continuance of trial or hearing. A party may assert a right to court-appointed counsel at any stage of the proceedings. A prior waiver of the right to court-appointed counsel shall not prevent a party from subsequently asserting such right.
7.06 A juvenile’s right to be represented by counsel may NOT be waived in a delinquency proceeding in which a juvenile is charged with an offense that would be a felony level offense if committed by an adult.
7.07 A juvenile may waive the right to counsel in a delinquency matter if he/she is charged with an offense that would be a misdemeanor level offense if committed by an adult. Any waiver of counsel will be made in open court, recorded, and in writing.
7.08 In the event of a conflict with the public defender’s office, the court may appoint counsel from the approved list and under the guidance of Rule 8 of the Rules of Superintendence for the Courts of Ohio. Attorneys who are appointed by the Court shall submit a Court-Appointed Counsel Fee Application. All fee applications must be filed within 30 days after the last day of the month in which the most recent services indicated on the fee application were rendered.
8.01 In cases where complaints, counterclaims and motions have been settled and an attorney has been required to submit a judgment entry, the judgment entry shall be submitted to the Court within twenty (20) days of the hearing date, unless an extension of time is granted. Failure to comply with this rule may result in the automatic dismissal of the complaint, counterclaim or motion by the Court.
8.02 If an agreement is read onto the record, the Court may order either counsel to prepare the judgment entry setting forth the agreement of the parties. Said judgment entry shall be submitted to opposing counsel or party if pro se prior to the submission to the Court. If counsel and/or pro se litigant are unable to agree upon the judgment entry, opposing counsel or pro se litigant shall notify, within five days of receipt of the entry, the attorney who prepared the entry. Thereafter, counsel for opposing parties or pro se litigant may submit a proposed entry to the Court for review. The Court will then direct which entry is to be filed. A judgment entry sent for signature which is not returned within five (5) days may be submitted to the Court without signature of the opposing counsel or party, if the agreement was read into the record. A copy of the transmittal letter indicating the date sent to opposing counsel or party shall accompany all judgment entries not signed by the parties or legal counsel.
8.03 If the agreement was not read into the record and a consent entry cannot be agreed upon; counsel should seek a new hearing date within the time period for filing the agreed entry.
8.04 Should a judgment entry not be timely filed in accordance with 8.01 above, the Court may dismiss the pending complaint, counterclaim or motion without further hearing. Should a matter be so dismissed and the parties wish to submit an entry thereafter, counsel shall, within thirty (30) days, submit accompany the judgment entry on the substantive issues with a Motion to Vacate the Dismissal and an entry granting the same.
8.05 In cases where an agreement is submitted to the Court upon the filing of a Complaint or other Motion, and not all parties are represented by counsel, the matter will be set for hearing to advise the unrepresented party of their right to counsel and to ascertain the knowing and voluntary consent to the agreement.
9.01 The Court shall appoint a Guardian Ad Litem (GAL) in abuse, neglect, dependency, unruly and delinquent cases as required by rule or statutes or when it finds it necessary and appropriate to protect the interests of a child.
9.03 The Court shall maintain a list of approved Guardians ad litem who are not volunteers through CASA/GAL of Miami County, Inc.
9.04 Prior to being placed on the approved list, the individual requesting approval shall submit a resume or information sheet stating the applicant’s training, experience and expertise demonstrating the person’s ability to successfully perform the responsibilities of a GAL, submit to a civil background check and criminal background check through the Miami County Sheriff’s Department and provide documentation that they have completed a pre-service training course as described below.
9.05 To remain on the approved GAL list, an individual must certify annually they are unaware of any circumstances that would disqualify them from serving and to report the training they have attended to comply with continuing training requirement set forth below.
9.06 The Court Administrator or Chief Magistrate shall maintain files for all applicants and for individuals approved for appointment as GAL with the Court who are not volunteers through CASA/GAL of Miami County, Inc. The Executive Director of CASA/GAL of Miami County, Inc. shall maintain the files for all applicants and individuals appointed to serve as CASA/GALs with the Court. The Executive Director shall certify on an annual basis that records in conformance with this Local Rule and Superintendence Rule 48 are properly maintained.
9.07 In order to serve as a GAL, an applicant shall complete the training required by the Ohio Supreme Court set forth in Rule 48 of the Rules of Superintendence, including:
9.08 The procedure for appointing/removing a guardian as litem shall be as follows:
9.09 The Court Administrator or Chief Magistrate is designated as the contact person to accept and consider written comments and complaints regarding the performance of a GAL on the Court’s approved list. The Executive Director of CASA/GAL of Miami County, Inc. is the contact person to accept and consider written comments and complaints regarding the performance of a CASA/GAL. All written comments and complaints shall be forwarded to the Court Administrator or Chief Magistrate for investigation. A copy of comments and complaints submitted to the court shall be provided to the GAL who is the subject of the complaint or comment. The Court Administrator or Chief Magistrate shall complete an investigation and forward a report to the Judge for consideration and appropriate action. Dispositions by the court shall be made promptly. The court shall maintain a written record in the GAL’s file regarding the nature and disposition of any comment or complaint and shall notify the person making the comment or complaint and the subject GAL of the disposition.
9.10 A GAL shall prepare a written final report, including recommendations to the court, within the times set forth in this division. The report shall detail the activities performed, hearings attended, persons interviewed, documents reviewed, experts consulted and all other relevant information considered by the GAL in reaching the guardian’s ad litem recommendations and in accomplishing the duties required by statute, by court rule, and in the court’s Order of Appointment.
9.11 Absent objection or appeal, the duties of the GAL appointed in a private case shall
not extend beyond thirty (30) days following journalization of the final judgment entry that concludes the matter.
In cases of abuse, neglect and dependency, the duties of the GAL extend until the child is returned to the legal custody of
a parent or third party without an order of protective supervision, or for a child who is in planned permanent living
arrangement or permanent custody of Children’s Services, until the child is adopted or emancipated.
9.11 Absent objection or appeal, the duties of the GAL appointed in a private case shall
not extend beyond thirty (30) days following journalization of the final judgment entry that concludes the matter.
In cases of abuse, neglect and dependency, the duties of the GAL extend until the child is returned to the legal custody of
a parent or third party without an order of protective supervision, or for a child who is in planned permanent living
arrangement or permanent custody of Children’s Services, until the child is adopted or emancipated.
10.01 When a complaint, counterclaim or a motion to determine paternity, establish or modify custody or any aspect of the allocation of parental rights and responsibilities is filed, the Petitioner or Movant shall file the original pleading, a memorandum or affidavit in support and the child custody affidavit with sufficient copies for all parties. The original pleading and supporting documents shall be attached by paperclip with copies stapled. Any complaint or motion that initiates or reactivates a case, but for visitation only matters, shall be accompanied by a completed, signed Title IV-D application. Pleadings shall be signed in accordance with Ohio Civil Rule 11. The matter will be set for a pretrial/uncontested hearing before a hearing officer at which time further hearings, referrals, investigations, assessments, etc. shall be discussed and scheduled. If service is complete on the opposing party and the opposing party fails to appear, personally or through counsel, an uncontested hearing shall take place.
10.02 Counsel filing a complaint, counterclaim or a motion to establish or modify
custody or allocation of parental rights and responsibilities shall also file a
notice of hearing that contains the following language:
"This matter has been scheduled for a pretrial hearing and uncontested hearing on ___________________, _______at
___________.m. The parties, with or without counsel, shall be present on the above date on the Second Floor of
the Safety Building, Troy, Ohio. Failure to appear may result in the dismissal of the matter or an uncontested
hearing on the matter.”
10.03 The Court shall not grant legal custody to any person who is not a parent unless the court is presented with a home-study regarding the proposed placement. This home-study must be performed by a licensed psychiatrist, psychologist, licensed independent social worker, public child placement agency, private child placement agency, or other professional as designated by this court. The party filing for third-party custody bears the expense of the home-study. The home study shall be provided to the court, unrepresented parties and legal counsel. no less than seven days before the dispositional hearing. Any other disclosure of this report must be approved by the Court. Unauthorized disclosure or distribution of the report may be subject to court action, including the penalties for contempt, which include fine and/or incarceration.
10.04 The Court may furnish and require the completion and filing of such forms as it deems necessary. Unless waived by the Court, no pleading shall be accepted for filing until the information requested in required forms is provided.
10.05 A proposed Judgment Entry or Entry Setting Hearing shall be submitted with all Motions. All Entries setting hearings shall specifically state all motions/matters to be heard at said hearing.
10.06 MOTIONS FOR EX PARTE EMERGENCY CUSTODY (NON-CPS)
If a custodial parent, non-parent legal custodian, or non-residential parent who has an existing child support and/or parenting time order intends to relocate, the relocating party must file a “Notice of Intent to Relocate” (Appendix 8) with the Miami County Juvenile Clerk of Courts and mail a copy to the other parties and the child support enforcement agency.
11.01 An entry of denial of felony delinquency charge(s) may be filed by the defendant’s attorney on behalf of the child, but an appearance at an arraignment on said charge(s) is mandatory for the child and parent. In addition to accepting the child’s plea of denial on the record at the arraignment, the Court will use the opportunity to also determine the necessity of placing the defendant in detention, on electronic home monitoring or on house arrest pending further hearing.
12.01 The statutory procedures and the Rules of Criminal Procedure shall be followed with respect to adult criminal actions wherein the Juvenile Division has jurisdiction.
12.02 All persons charged with offenses and who are being held under process from this Court or who have been arrested and charged in this Court shall be brought before the Court for arraignment immediately upon arrest or without unnecessary delay or post bond in accordance with the Rules of Criminal Procedure established by the Ohio Supreme Court.
13.01 Appearance bonds for adults shall be fixed by the Judge or assigned Magistrate in each individual case upon arraignment, or at such other time as may be determined; the deputy clerks shall endorse on all warrants for the arrest of adults the amount of bond as may be provided by the Judge for such offense. The issuance of a warrant without endorsement as to the amount of bond shall indicate that the bond must be fixed by the Judge or assigned Magistrate.
13.02 Other bonds or recognizance to appear as may be provided by the Judge or assigned Magistrate shall be in the form as provided by the law, order of this Court, or other Court to which the person may be held to answer. Responsibility of parents for appearances of juveniles shall be considered on the same basis as bonds.
13.03 The sufficiency of sureties shall be determined by the Judge or assigned Magistrate in each case; and when real property is offered as security by a surety, the Court shall require twice the value of said property that appears upon the county tax list maintained by the office of the County Auditor.
Pursuant to Sup. R. 5, the following case management plan establishes time frames for the timely disposition of cases. The time frames include time for service. Wherever possible, cases will be resolved in the shortest amount of time. The deadlines set forth by the Ohio Rules of Superintendence shall be construed as maximums and shall not preclude the more rapid resolution of cases under these rules. Case management conferences and pretrial conferences will be set if the judge or magistrate deems the same to be appropriate. Deviation from the established time frames is permissible to assure a just result.
The purpose of a pretrial conference shall be to identify those issues that are disputed and those which may be stipulated. Further hearings will be scheduled and discovery matters shall be scheduled.
A pretrial conference shall not be utilized as an alternative to motion hearings. The court will not issue substantive orders unless those orders are agreed to by all parties present. The court will not make findings of fact, however, may accept agreed findings of fact resulting from the pretrial.
Parties have the right to attend any conferences or hearings. All conferences or hearings with anyone acting pro se will be held on the record, unless held by telephone as set forth below.
Individuals entering the courtroom shall turn off all electronic devices such as cell phones, and tablets. An individual whose electronic device goes off during a hearing or conference may be subject to a $50.00 fine.
Attorneys, parties, and all persons entering the courtroom shall conduct themselves in a courteous manner in the courtroom. Failure to do so may result in continuance of the hearing or removal from the courtroom. Pro se parties are required to familiarize themselves with the legal requirements for their case.
The intent of this rule is to promote uniformity in the practices and procedures relating to telephone appearances in cases where such an appearance is permitted by these rules or Court order. To improve access to the courts and reduce litigation costs, the court may permit parties, to the extent feasible to appear by telephone at appropriate conferences, hearings, and proceedings.
A party may appear by telephone as indicated on the scheduling order or upon request made through the Juvenile Court Clerk’s office.
A proceeding conducted by video conferencing shall be conducted in the same manner as if the parties had appeared in person, and the jurist presiding over the matter may exercise all powers consistent with the proceeding.
If a matter is set for video conference hearing, it will be indicated on the hearing notice. If a party/attorney is scheduled for a different type of hearing but desires to appear by video conferencing, he/she may file an application with the clerk’s office.
Anyone appearing via video conferencing shall ensure that he/she has the appropriate equipment and a quiet, private area in which to participate in the hearing.
In any proceeding conducted by video conference, the remote location(s) shall be considered an extension of the courtroom. The hearing officer’s pronouncements, instructions, and rulings shave the same force and binding effect as if all participants had been physically present in the courtroom.
An oath administered by the hearing officer to a witness, interpreter, or a party in a proceeding conducted by video conference shall have the same force and binding effect as if the oath had been administered to a person physically present in the courtroom.
The court will, to the extent it can, ensure the statements of participants are audible to all other participants and that the technology is working appropriately. If technology problems cannot be remedied, the court may continue the video conference.
In any proceeding conducted by video conference, an interpreter, who can see and hear the witness and other participants, may provide interpreter services without being physically present in the same locale as either the hearing officer or remote participants, provided such interpretative services can be done in a manner that will not interfere with the broadcast of the hearing. If simultaneous interpretation is to be provided, it may interfere with the broadcast. The court may determine other means to provide interpretation are more appropriate given the technological limitations.
14.08 In any matter set for telephone or video conference, if the court determines that a personal appearance is necessary, the court may continue the matter and require personal appearance of all or select individuals.
15.01 "Open discovery" facilitates settlement and timely preparation of the issues in controversy. Information, documents and material in the custody, control or possession of one party that are discoverable under Rule 24 of the Ohio Rules of Juvenile Procedure or Rule 34 of the Ohio Rules of Civil Procedure where applicable, are considered an "open file" for the purpose of discovery by another party, subject to the limitations/protections of Juvenile Rule 24(B) or Civil Rule 26(C). Discoverable items include, but are not limited to, police reports, supplemental police reports, and a children's services agency case file (excluding the referral sources, third party investigation reports, foster parent records, adoption records, attorney-client privileged information and attorney work product). This broad discovery assists in arriving at the truth, expedites the hearing process, and may reduce the adversarial nature of the proceedings.
15.02 Discovery authorized by Juvenile Rule 24 or Civil Rule 34 shall proceed upon the written request of one party to another without a prior court order. The party from whom discovery is requested shall produce for inspection, copying, or photographing, the discoverable items to the requesting party as follows or as otherwise agreed by the parties or instructed by the Court:
15.03 When the discoverable materials are documents, any party may comply with a request for discovery by mailing accurate legible copies to the attorney of the requesting party or if unrepresented, to the party.
15.04 If discoverable items are physical evidence or other evidence that is not readily copied, then the items shall be made available to the requesting party for inspection, photographing or other copying.
15.05 Counsel is ultimately responsible for the production of the discoverable material.
15.06 Parties shall have a continuing duty to disclose additional discoverable information or material subsequent to compliance with the original request for discovery without the necessity of filing a new request for more current information.
16.01 The Court will not grant a continuance of any hearing without a timely written motion stating the reason for the request, and an attempt to gain approval of opposing counsel or pro se parties, along with am
16.04 When a continuance is requested because a witness is unavailable at the time set for hearing, the Court may consider the filing of a deposition pursuant to Ohio Rule of Civil Procedure 30.
16.05 When a continuance is requested because counsel is scheduled to appear in another case on the same date and time, the case that was first set for hearing shall have priority. The Court will not consider any motion for continuance on this basis unless a copy of the conflicting assignment or an affidavit of counsel is attached.
16.06 The Court may waive these requirements for good cause.
16.07 All motions to continue shall be accompanied by a proposed Judgment Entry or Magistrate’s Order granting/denying the same. If granted, counsel is requested to notify their client and opposing counsel immediately.
17.01 The Court shall hear and determine all cases of children without a jury, except for the adjudication of a serious youthful offender complaint, indictment, or information in which trial by jury has not been waived.
17.02 Adults cited into juvenile court on misdemeanor charges will be tried by a hearing officer unless a jury demand is made pursuant to Ohio Crim. R. 23.
17.03 The “Jury Management Plan” of the Miami County Common Pleas Court, General Division, Local Rules is hereby adopted and incorporated herein by reference as if fully written.
18.01 The Miami County Juvenile Court shall be open for the transaction of business from 8:00a.m. to 4:00 p.m. Monday through Thursday, and Friday from 8:30 a.m. to 4:00 p.m., on all business days, with legal holidays as observed by law. The Juvenile Clerk of Court, at the discretion of, and upon the Order of the Judge, may vary for matters of extraordinary nature or importance.
18.02 The Court shall sit in session between the hours of 8:00a.m. and 4:00 p.m. At their discretion, Judges or Magistrates may schedule hearings at other times.
19.01 The inspection of Court records shall be governed by Juv. R. 32, Sup. R. 44 through 47, and ORC 2151.14.
19.02 All records not excluded from the term “case document” in Sup. R. 44(C)(2), and not otherwise deemed confidential by statute or rule, shall be contained in the Court’s official file and are presumed open to public access.
>19.03 All records excluded from the definition of “case document” by Sup. R. 44(C)(2), or otherwise deemed confidential by statute or rule, and which are retained for use by the Court, shall be kept in the Court’s unofficial file. These records are not subject to public disclosure.
19.04 Counsel of record, and parties with leave of Court, may review select unofficial file reports in the Clerk’s office, for reasonable amounts of time. Absent specific permission from the Court, granted for good cause shown and under conditions set by the Court, copies or photos shall not be made, other than limited handwritten notes.
19.05 Attorneys wishing to investigate a matter prior to accepting the case may, upon notice of limited appearance filed on a pre-printed form provided by and filed with the Clerk, and with Court permission, review Court records as provided herein.
19.06 Reports, assessments and other documents maintained in the unofficial file may be admitted into evidence as a Court Exhibit and become part of the Court’s official file. Any party may call the individual who prepared the report, assessment or other document as on cross examination.
Magistrates shall be appointed to hear all matters not otherwise acted upon by a judge of the Juvenile Division, including without limitation, delinquency, unruly, traffic, abuse, neglect, dependency, allocation of parental rights and responsibilities, parenting time enforcement and modification, child support enforcement and modification, URESA, UIFSA, and determination of parentage matters and any other matters as referred by a judge of the Juvenile Division. A magistrate, acting in these matters, shall have all powers set forth in Rule 40 of the Ohio Rules of Juvenile Procedure.
20.03 OBJECTIONS
21.01 Failure to appear: If a moving party or counsel fails to appear within fifteen (15) minutes of the scheduled hearing time, the Judge or Magistrate may dismiss the action or the motion, without prejudice. If the responding party or counsel fails to appear within fifteen (15) minutes of the scheduled hearing time, the Judge or Magistrate may proceed to hear and determine all the issues. Failure of counsel or a party to appear may result in sanctions being imposed pursuant to Miami County Juvenile Rule 25.
21.02 Findings of Fact and Conclusions of Law: The Court may require the parties to file proposed findings of fact and conclusions of law.
21.03 In permanent custody cases where parental rights are being terminated, or private custody cases, the Court may require the parties to file a pre-trial statement fourteen (14) days prior to hearing, addressing at a minimum:
22.01 Specificity: All motions for a party to appear and show cause why he or she should not be held in contempt of a prior court order shall contain the specific facts or must be accompanied by an affidavit setting forth the specific facts forming the basis for the motion. Upon filing the Motion for Contempt/Show Cause, the clerks shall issue a Notice and Summons to Appear based on Instructions for Service (Praecipe).
22.02 Service: Motions for contempt shall be served pursuant to Ohio Rule of Civil Procedure 4 through 4.6; provided that, when imprisonment is sought as a sanction, the responding party shall be served by personal service.
22.03 Pursuant to Ohio Revised Code, attorney fees in contempt actions shall be awarded if the defendant is found in contempt, and in the absence of particular testimony at hearing set for that purpose, attorney fees are deemed reasonable, nominal, in the amount of $500.00, or otherwise determined at hearing if requested.
22.04 If the moving party requests fees in excess of $500.00, there must be testimony from a properly qualified expert witness as to the reasonableness of the request.
23.01 Uniform Mediation Act and Definitions - The R.C. 2710 “Uniform Mediation Act” (UMA), including all definitions found in R.C. 2710.01, are incorporated by reference and adopted by this court through this local rule. Frequently-used definitions include:
23.02 Cases Eligible for Mediation
Nothing in this division shall prohibit the use of mediation in a subsequent divorce or custody case, even though that case may result in the termination of the provisions of a protection order; or in a juvenile court delinquency case, even though the case involves juvenile-perpetrated domestic violence.
23.03 Confidentiality- Except as provided in R.C. 121.22 and 149.43, mediation communications are confidential to the extent agreed by the parties or provided by other sections of the Revised Code or rules adopted under any section of the Revised Code. Parties desiring confidentiality of mediation communications shall advise the mediator as soon as practical and all mediation participants shall execute any confidentiality agreement prior to the start of mediation.
By participating in mediation, a nonparty participant, as defined by R.C. 2710.01(D), submits to the court’s jurisdiction to the extent necessary for enforcement of this rule. Any nonparty participant shall have the same rights and duties under this rule as are attributed to parties, except that no evidence privilege shall be expanded.
23.04 Referral to Resources- The court administrator shall maintain resources for mediation parties, including victims and suspected victims of domestic violence, and encourage appropriate referrals to legal counsel and other support services, such as children's services, domestic violence prevention, counseling, and substance abuse and mental health services.
23.05 Counsel shall be present at Mediation unless Waived by the Party -Parties who are not represented by counsel shall attend mediation only if they have waived the right to counsel in open court. Parties represented by counsel may attend mediation without counsel only where the right to have counsel present at the mediation has been specifically waived. Parties waiving counsel at mediation must fill out and sign a “waiver of counsel at mediation” form prior to participation in mediation. Waivers may be rescinded at any time.
23.06 Referrals to Mediation - The judge or magistrate may refer or order a case to mediation at any point in a case. Any party may request to participate in mediation by filing a motion or joint motion with the court, or by making an oral request for a referral to mediation on the record.
23.07 Notification of Mediation - The mediator shall file notice to the court that mediation is occurring in the case, including the time and place for mediation, and this notice shall be distributed to all parties and custodians.
23.08 Mediator Training and Education - A mediator shall meet the qualifications of and comply with all training requirements of Sup.R. 16.23 and adopted pursuant to Sup.R. 16.22 governing mediators and mediation.
23.09 Mediator Selection and Assignment - The following methods may be used to select a mediator for the case:
23.10 Procedures - In accordance with all applicable provisions of this rule, if a case is deemed appropriate by the court for mediation, mediation may be scheduled. A mediator may meet with the parties individually prior to bringing the parties together for any reason including, but not limited to, further screening. A mediator may schedule multiple mediation sessions, if necessary and mutually acceptable for the resolution of the issues in part or in their entirety. A party opposed to either the referral or the appointed mediator must file a written objection with the court within seven days of receiving notice of the referral or provider and explain the reasons for any opposition.
23.11 Party/Nonparty Participation - Parties to informal cases such as pre-filing or diversion may voluntarily attend mediation sessions.
Parties who are ordered into mediation in formal cases shall attend scheduled mediation sessions. The court may order parties to return to mediation at any time in formal cases.
If counsel of any party to the mediation becomes aware of the identity of a person or entity whose consent is required to resolve the dispute, but has not yet joined as a party in the pleadings, they shall promptly inform the mediator as well as the assigned judge or magistrate.
If the opposing parties to any case are 1) related by blood, adoption, or marriage; 2) have resided in a common residence; or 3) have known or alleged domestic violence at any time prior to or during the mediation, then the parties and their counsel have a duty to disclose such information to the mediator and have duty to participate in any screening required by the court.
By participating in mediation a nonparty participant, as defined by R.C. 2710.01(D), agrees to be bound by this rule and submits to the court’s jurisdiction to the extent necessary for enforcement of this rule. Any nonparty participant shall have the rights and duties under this rule attributed to parties except as provided by R.C. 2710.03(B)(3) and 2710.04(A)(2).
23.12 Termination - If the mediator determines that further mediation efforts would be of no benefit to the parties, he or she shall inform all interested parties and the court that the mediation is terminated using the procedure required by this court.
23.13 Stay of Proceedings - Upon referral of a case to mediation, the court may elect to
stay all filing deadlines for up to 60 days. The clerk of courts shall not accept for filing any documents
while a case is in mediation unless expressly permitted by these rules or by court order.
Only the following documents may be filed while a mediation stay is in effect:
23.14 Continuances - It is the policy of this court to determine matters in a timely way. Continuances of scheduled mediations shall be granted only for good cause shown after a mutually acceptable future date has been determined. The mediation may be continued by the mediator or the judge or magistrate who referred the case. Except as authorized by the court, the existence of pending motions shall not be good cause for a continuance and no continuance will be granted unless the mediation can be scheduled prior to the final pretrial. If a continuance of a scheduled mediation is requested and the proposed new date is within 60 days of the initial referral to mediation, then the request shall be made to the mediator. If the requested date is more than 60 days after the referral to mediation, then the request must be made to the judge or magistrate assigned to the case.
23.15 Fees and Costs - The court may impose upon the parties fees and costs for mediation. If there is a fee for mediation, unless otherwise agreed by the parties, the mediation fees shall be shared equally. The court may waive fees and costs for an indigent party. Mediation shall not be ordered when a party is indigent, unless the mediation is available at no cost to the party.
23.16 Attendance; Sanctions - If any individual ordered by the court to attend mediation fails to attend mediation without good cause, the court may impose sanctions, which may include, but are not limited to, the award of attorney’s fees and other costs, contempt or other appropriate sanctions at the discretion of the assigned judge or magistrate.
23.17 Evaluation, Comments, and Complaints - It is the policy of the court to use mediation to benefit the parties, to assist in reaching a resolution, and to provide a process that is timely, flexible, and maintains the trust and confidence of the people. Any mediation participant may submit written comments, complaints or feedback regarding the performance of mediators receiving referrals from the court.
24.01 Any person entering the Juvenile Court, or any other facility controlled, operated, or occupied by the Juvenile Court, is subject to search. No person carrying a bag, backpack, or parcel shall be permitted to enter or remain in any such location or facility without first, if requested by Juvenile Court and/or Security Personnel, submitting such item for inspection.
24.02 Proper decorum and conduct in Court is necessary for the administration of the Court’s business. Proper conduct includes adhering to common principles of civility and respect.
24.03 Parties are advised to refrain from bringing minor children who are not a part of the proceedings to Court, as they may not be allowed into the courtroom and cannot be left unsupervised in the hallway.
24.04 All persons entering the Court shall dress in appropriate clothing. The following are not appropriate: revealing attire, clothing with obscene or derogatory language or pictures, bare feet. Anyone not properly attired may be excluded from the hearing, or the Court may order that the hearing not go forward.
24.05 Food, beverages and the use of cell phones and other electronic devices is prohibited in the courtrooms unless authorized by the Court.
24.06 Persons committing any violation of proper conduct may be removed from the Juvenile Court by security personnel and may be subject to a finding of contempt.
24.07 Attorneys practicing in Juvenile Court shall appear in professional attire and conduct themselves in accordance with the Supreme Court of Ohio’s Statement on Professionalism, A Lawyer’s Creed, and A Lawyer’s Aspirational Ideals. All Attorneys must be in good standing according to the Rules of the Supreme Court of Ohio.
25.01 The Court may order sanctions or take other appropriate measures when an attorney or party unnecessarily causes undue delay or conflict or fails to abide by these Rules or the Ohio Rules of Civil, Criminal and Juvenile Procedure. Sanctions that may be imposed include, but are not limited to, the following:
26.01 The right of all parties to be represented and retain counsel of their own choosing is implicit in the law and fully recognized by the Court. Indigent parties may be appointed counsel as provided in the Ohio Revised Code and Ohio Rules of Juvenile Procedure. Court employees shall maintain a neutral and impartial position and shall not function as advocates or adversaries. Court personnel shall not indicate that counsel is or is not necessary in any particular case, and shall not recommend any specific attorneys.
26.02 Any attorney who is retained by a party in any proceeding pending in this Court shall enter an appearance as counsel of record within forty-eight (48) hours of being retained, or as soon as possible prior to the next scheduled hearing. Said appearance of counsel shall be filed with the Court and served upon all parties or attorneys of record.
26.03 It is contemplated that counsel who have entered an appearance in the case will remain in the case until it is concluded.
26.04 Counsel for any party may be permitted to withdraw from an action:
26.05 Except for extraordinary circumstances, no attorney shall be permitted to withdraw from a case later than twenty (20) days prior to trial or any dispositive hearing.
26.06 Substitution of counsel shall be by written notice filed with the Clerk and proper certification to all parties and attorneys of record.
27.01 It is the responsibility of the party seeking action or relief in Juvenile Court to secure service of process upon the respondent or defendant in accordance with the Ohio Rules of Civil Procedure and Ohio Rules of Juvenile Procedure, in a timely manner.
27.02 The Prosecutor is responsible for service of process in all cases involving delinquency, unruliness, traffic offenses, and adults charged with criminal acts. If there is an initial failure of service, notice will be provided to the Prosecutor, who will be expected to attempt to perfect service within time guidelines set by the Juvenile Court in accordance with the Ohio Supreme Court.
27.03 If the Prosecutor is unable to perfect service within the allotted time, or further
proceedings are not possible, the case will be placed on inactive status and considered closed for statistical
purposes. Cases to which this rule is applicable shall include those in which the defendant or juvenile is
not presently competent to stand trial, is confined in an institution and unable to be transported to Court, has
not been served, or cannot be found. A case shall be removed from inactive status when the defendant or
juvenile is available and proceedings resume or when the case is dismissed.
Diversion cases shall also be placed on inactive status. When Diversion is terminated due to non-compliance,
the case will be removed from inactive status and the case will proceed through formal prosecution.
27.04 A list of inactive cases shall be periodically prepared and presented to the Prosecutor, who shall file a report with the Judge on the status of the inactive cases or shall dismiss those cases.
27.05 If the movant in civil cases is unable to perfect service within six months of filing, the case will be dismissed without prejudice, without further hearing.
28.01 No individual shall discuss the merits, either orally or in writing, of any litigation with any Judge or Magistrate presiding over the matter without the presence of opposing counsel or the party, if not represented.
28.02 All unsolicited written communication received by the court shall be returned with notice to parties or their attorney.
29.01 The policy of this rule is to provide a just, fair, equitable and impartial adjudication of the rights of litigants, allow an opportunity for media coverage of Court proceedings to facilitate the free flow of information to the public concerning the judicial system and to foster better public understanding of the administration of justice. This rule is to be construed as requiring the court to balance all interests involved to maintain the confidentiality, dignity, decorum and impartiality of the court proceeding, while at the same time providing public access allowed by law.
29.02 The policy’s aim is to ensure that: (1) the media and public are accommodated to the best of the court’s abilities, (2) an appropriately dignified atmosphere prevails at Court so that other trials and proceedings are not adversely impacted, (3) all security measures have been taken to ensure the safety and well being of court staff, parties, attorneys, media representatives, and public, and (4) all activities associated with these cases be in conformance with all applicable laws.
29.03 Definitions:
For purposes of this rule:
29.04 Hearings governed by the Ohio Rules of Juvenile Procedure are neither presumptively open nor presumptively closed to the public or the media.
29.05 Any party to a juvenile court proceeding who wishes to have a hearing closed to the media and/or the public shall file a Motion requesting closure. State ex rel. Plain Dealer Publishing Company v. Floyd, 2006-Ohio-4437. Motions requesting closure of the proceeding to the media and/or public must be filed at least seven (7) days prior to any hearing for which closure is sought. The seven (7) day requirement may be waived at the discretion of the Judge or Magistrate for good cause shown. The Motion will be set for hearing no earlier than forty-eight (48) hours after filing, unless the immediacy of the proceeding requires variance from this standard. The public and the media have a right to present evidence of a countervailing right to attend the proceeding at issue.
29.06 The Juvenile Court may restrict media and/or public access to its proceedings if the Court finds all of the following:
29.07 All Motions for Closure, Notice of Hearing on said Motions and written Decisions on said Motions shall be available for public inspection upon request at the Juvenile Clerk’s office during court hours.
29.08 In all cases, media/public access shall be limited in accordance with Local Rule 30 and Rule 12(A) of the Rules of Superintendence for the Courts of Ohio.
30.01 In accordance with Rule 12(A) of the Rules of Superintendence for the Courts of Ohio, motions for permission for the broadcasting, televising, recording or taking of photographs in the courtroom shall be in writing and the ruling shall be made part of the proceedings. Motions shall be filed within a reasonable time before any scheduled proceeding. A hearing shall be held on said Motion.
30.02 If permitted, the hearing officer, after consultation with the media, shall specify the place or places in the courtroom where the journalists, operators and equipment are to be located. The hearing officer shall include such terms in the ruling as will limit potential distraction for the participants, maintain the dignity of the proceedings and prevent material interference with achievement of a fair trial.
30.03 Permissible Equipment and Operators
Use of more than one (1) portable camera (television videotape or movie) with
one operator shall be allowed only with the permission of the hearing officer.
Not more than one still photographer shall be permitted to photograph the proceedings without permission of the
hearing officer. Still photographers are limited to two (2) cameras with two (2) lenses for each camera.
For radio broadcast purposes not more than one (1) audio system shall be permitted in court. Where available and
suitable, the existing audio pick up systems in the courtroom shall be used by the media. In the event no systems are
available, microphones and other electronic equipment necessary for audio pick up shall be as inconspicuous as
possible, but must be visible.
Visible audio equipment may be used by news media reporters with prior permission of the hearing officer.
30.04 Arrangements between or among media for “pooling” of equipment shall be the responsibility of the media representatives authorized to cover the proceedings. Such arrangements are to be made outside of the court and must be made without imposing on the hearing officer or court personnel. If disputes arise over such arrangements, the hearing officer shall exclude all contesting representatives from the proceedings.
30.05 Use of electronic or photographic equipment which produces distracting sound or light is prohibited. No artificial light other than normally used in the courtroom shall be employed.
30.06 Still photographers, television and radio representatives shall be afforded a clear view, but shall not be permitted to move about the room during the proceedings from the places they have been positioned by the hearing officer, except to enter and leave the courtroom.
30.07 The changing of film or recording tape in the courtroom during the proceedings is prohibited.
30.08 The hearing officer may impose limitations on media actions as deemed appropriate for a given case. The following are limitations that are in force in all situations:
30.09 All media representatives and agencies must arrive at the hearing room prior to commencement of the hearing and present proper identification and sign in. A media representative’s signature indicates agreement to abide by the above provisions and any others determined on a case by case basis by the Judge or hearing officer.
30.10 Any violation of this rule or an order made under this rule is an unlawful interference with the proceedings of the court and may be the basis for an order imposing appropriate sanctions, including, without limitation, terminating media coverage, barring the particular person or agency from access to future electronic media coverage of proceedings in that courtroom for a defined period of time, a citation for contempt of court, or an order imposing monetary or other sanctions as provided by law.
30.11 This rule shall not be construed to grant media representatives any greater rights than permitted by law wherein public or media access or publication is prohibited, restricted or limited.
30.12 Any future amendments to Rule 12(A) of the Rules of Superintendence for the Court of Ohio are incorporated herein and, to the extent that such amendments conflict with this rule, they shall take precedence.
31.01 A child will only appear at a court hearing in physical restraints if the Court has made the individualized determination that there is no less restrictive alternative to the use of physical restraint and that the physical restraint is necessary because of either of the following:
31.02 If the Court finds that physical restraints are necessary, they shall be the least
restrictive necessary to meet the risk requiring the restraint and in a manner which does not unnecessarily restrict the
movement of the child’s hands.
Any party to the case may be heard on the issue of restraints.
32.01 The Court finds that the Rules of the Superintendence of Ohio require all courts to have a Security Policy and an Emergency Preparedness Manual. That the Miami County Common Pleas Court General Division and Juvenile/Probate Courts Security Committee adopted the Miami County Common Pleas Courts General & Juvenile/Probate Security Policy and Procedure Manual and Emergency Preparedness Manual.
33.01 The Court permits the use of a traffic ticket that is produced by computer or other electronic means, provided that the ticket conforms to, in all substantive respects, including layout and content, to the “Ohio Uniform Traffic Ticket.” The provisions to this rule relative to the color and weight of paper and method of binding shall not be applicable to any ticket that is produced by a computer or other electronic means.
33.02 Any ticket produced by computer or electronic means may be filed by electronic means. If any electronic or computer generated ticket is issued at the scene of an alleged offense, the issuing officer shall provide the defendant with a paper copy of the ticket. A law enforcement officer who files a ticket electronically shall be considered to have certified the ticket and shall have the same rights, responsibilities, and liabilities as with all other tickets issued.
34.01 In accordance with Superintendence Rule 5 (E), the Court shall adopt and maintain a court technology plan which will include:
34.02 This plan will be available from the office of the Clerk of Court and posted on the Court’s website at Local Rules of Procedure/Appendices/Parenting Schedules
35.01 There is hereby established a Juvenile Traffic Violations Bureau to be operated in the manner prescribed by Ohio Traffic Rules 13, 13.1, and as presented herein. A person charged with being a Juvenile Traffic Offender by reason of a violation which does not require a mandatory appearance pursuant to this Rule may elect to proceed without a court appearance under the following procedures.
35.02 The Judge of the Juvenile Division of the Miami County Court of Common Pleas shall serve as violations clerk and shall appoint deputy clerks to conduct the business of the Juvenile Traffic Violations Bureau as needed.
35.03 Pursuant to Ohio Traffic Rules 13, 13.1 and Rules 1, 2, 9(a), 22 and 29(F)(2)(a) of the Rules of Juvenile Procedure, the Court will accept a waiver of appearance and entry of plea of admission in writing, and acceptance of predetermined disposition for certain juvenile traffic offenders who meet the following criteria:
35.04 The Court may, in its discretion and upon a case-by-case basis, determine that a juvenile traffic offense otherwise eligible should not be disposed of by said Violations Bureau, or may schedule all juvenile traffic cases for hearing.
35.05 If the citation alleges an offense which falls within the above criteria, the deputy clerk will enclose with the mailed notice of hearing, a waiver of appearance and plea of admission form which includes the possible disposition of the proceedings if held without hearing. Upon receiving said forms, and at any time prior to the scheduled hearing, the juvenile may elect to proceed without a court appearance, but must do one of the following.
OR:
35.06 If not indicated on the citation, proof of insurance must be shown at the time of signing the waiver and admission in person, or a copy of the insurance card must be included with the returned forms.
35.07 The juvenile and parent, guardian or custodian MUST appear for the scheduled court hearing if 35.04 (A) or (B) (above) is not completed prior thereto. Failure to do so could result in additional costs for service by sheriff, or the filing of contempt charges against the juvenile and/or parent, guardian or custodian.
35.08 Fines and court costs for all cases processed by the Violations Bureau shall be paid in accordance with the Traffic Schedule of Fines and Costs on file with the Clerk of the Juvenile Court and posted on the Court’s website.
35.09 All admissions and dispositions processed through the Violations Bureau shall be promptly reported to the Bureau of Motor Vehicles and will become part of the juvenile’s driving record. AS a result, points may be assessed by the Court per O.R.C. §4510.36.
36.01 Certified, qualified or language skilled interpreters shall be used in all proceedings in which a party or witness is non-English speaking or non-hearing. Interpreters shall be utilized in accordance with the Ohio Rules of Superintendence 80-88.
36.02 Any person serving as counsel for any party, as GAL, or in any other official capacity on any case, who becomes aware that there is a need for interpretive services, shall notify the Court of that need immediately. In no instance shall the need for interpretive services be communicated to the court less than seven (7) days prior to the hearing or trial at which the interpreter is needed.
37.01 All complaints regarding school attendance against a juvenile and/or parent/guardian filed with the Miami County Juvenile Court shall comply with O.R.C. 3321.16.
37.02 Prior to filing, the Miami County Juvenile Prosecutor shall review all potential filings to ensure that all of the required paperwork is attached to the complaint and to ensure that each of the requirements of O.R.C. 3321.16 have been met.
37.03 All truancy complaints must include the following:
37.04 Filing an incomplete Complaint and/or failing to provide the required documentation as set forth above shall result in the rejection of the complaint by the Miami County Juvenile Prosecuting Attorney.
37.05 DEFINITIONS
38.01 Pursuant to Ohio Juvenile Rule 9, informal intake conferences may be conducted in lieu of formal actions for certain delinquency and status offense cases.
38.02 In a delinquency or unruly matter, if the best interests of a child and of the public require, the matter may be referred to diversion, in lieu of formal court proceedings. The charge will be filed with the Juvenile Clerk and upon acceptance into the Diversion program, the formal case will be place on inactive status.
38.03 In order to participate in the Diversion program, the youth must meet the program requirements. This includes but is not limited to consideration of the nature of the referred charge, the individual’s previous involvement with the court, and the willingness of the youth and his/her parent or legal guardian to meet the program requirements. Additionally, although no formal finding or recording shall result, to be eligible for diversion, the juvenile must admit to the operative facts supporting the complaint.
38.04 Successful completion of the Diversion program requirements will result in the closure of the underlying charge without a formal finding of unruly or delinquency.
38.05 Upon unsuccessful termination from the Diversion program the underlying charge shall be removed from inactive status and formal Court proceedings shall be scheduled.
39.01 The Court may place any child who has been adjudicated a juvenile delinquent, an unruly child, or a juvenile traffic offender on community control (probation supervision) to the probation department. The child shall be placed on community control/probation supervision at a dispositional hearing pursuant to Ohio Juvenile Rule 34.
39.02 In most cases prior to disposition, the juvenile will undergo a risk assessment with the probation department to determine the level of probation supervision that is in best interest of the child and the community. There are instances in which a juvenile may be placed on probation supervision/community control first, however, all youth will undergo a risk assessment as soon as practical.
39.03 The terms of community control/probation supervision will be in writing and the youth and parent/legal guardian shall review and sign the rules which indicates they understand and agree to adhere to them.
39.04 Temporary orders pursuant to Ohio Juvenile Rule 13 regarding community control may be imposed after adjudication but before disposition. These orders may include Electronically Monitored House Arrest, Trust House Arrest, drug screens, compliance with counseling recommendations, drug and alcohol assessments, etc. The probation department shall monitor these cases and ensure compliance before official disposition of the case. These temporary orders may be imposed to protect the welfare, interest, and safety of the juvenile and the community.
40.01 PURPOSE
This rule establishes the Miami County Court of Common Pleas, Juvenile Division’s plan for the complete, accurate, and
timely submission of required information, including fingerprints, case dispositions, protection orders, and specified
traffic violations—into law enforcement databases, as mandated by Sup.R. 5(F).
40.02 DEVELOPMENT AND REVIEW
This plan was developed in collaboration with the Clerk of Court and relevant justice partners. The plan shall be
reviewed and updated at least once every three years or as otherwise required by law.
40.03 PROCEDURES AND TIMELINES
40.04 AUDITING AND OVERSIGHT
The court will cooperate fully with audits by the Federal Bureau of Investigation, Bureau of Criminal
Investigation, and state or local auditors as required.
40.05 EFFECTIVE DATE AND UPDATING
This Compliance Plan is adopted effective September 1, 2025. Updated versions shall be adopted as required but
at least every three years or sooner if necessary.
40.06 TRAINING
Court staff shall receive appropriate training on these procedures to ensure consistent and accurate
compliance with the requirements of this rule.
41.01 PURPOSE AND SCOPE
This rule is established to govern the use of artificial intelligence (AI) technologies by attorneys and/or
parties in the preparation and submission of materials to the Miami County Court of Common Pleas Juvenile Division. It
aims to ensure the ethical use of AI and maintain the integrity of evidence.
41.02 DEFINITIONS
Artificial intelligence (AI): Any technology that uses machine learning, natural language processing, or any other
computational mechanism to simulate human intelligence, including document generation, evidence creation or
analysis, and legal research.
AI-Assisted Material: Any document or evidence prepared with the assistance of AI technologies.
41.03 RESPONSIBILITY AND REVIEW
Attorneys and/or parties remain ultimately responsible for the accuracy, relevance, and appropriateness of
AI-assisted materials submitted to the court. Attorneys and/or parties must thoroughly review all AI-assisted
materials to ensure they meet all legal and ethical standards. Use of AI does not absolve attorneys from
their duty of competence, diligence, and supervision as required under the Ohio Rules of Professional
Conduct. Any citation generated by AI must be verified by the attorney or party by actually reviewing the
cited material and verifying its accuracy and that it is current authority.
COURT COSTS - assessed at final disposition
FILING FEES - due at time of filing
No filing fee shall be required of the Miami County Child Support Enforcement Agency or the Miami County Child Protective Services for the filing of any original action or subsequent Motion to seek modification, enforcement, extension or termination of existing orders.
PARENT 1:
PARENT 2:
FOR PARENTS TRAVELING UNDER 90 MILES ONE WAY:
Liberal parenting time arrangements are encouraged, as contact with both parents is important to the children. Specific items in the Journal Entry take precedence over this schedule. Changes or modifications can be made by the Court if need for such is shown.
Activities you engage in with your children, skills you teach them, or friends you help them make will make their time with you more rewarding. Additionally, regardless of how much time each parent spends with the children, there are many opportunities to be involved in their lives, such as participation and attendance at their school, sporting and extracurricular activities.
PARENTING TIME BETWEEN THE CHILDREN AND THE PARENTS SHALL TAKE PLACE AT SUCH TIMES AND PLACES AS THE PARTIES MAY AGREE, BUT IN ABSENCE OF AGREEMENT SHALL BE (CHOOSE ONE OPTION)
______ OPTION - STANDARD WEEKEND:
| Sunday | Monday | Tuesday | Wednesday | Thursday | Friday | Saturday | |
|---|---|---|---|---|---|---|---|
| Week 1 | Parent 1 | Parent 1 | Parent 1 | Parent 1 Parent 2 5 p.m. to 8 p.m. |
Parent 1 | Parent 1 Parent 2 6 p.m. |
Parent 2 |
| Week 2 | Parent 2 Parent 1 6 p.m. |
Parent 1 | Parent 1 | Parent 1 Parent 2 5 p.m. to 8 p.m. |
Parent 1 | Parent 1 | Parent 1 |
______ OPTION - WEEKEND AND MIDWEEK OVERNIGHT:
| Sunday | Monday | Tuesday | Wednesday | Thursday | Friday | Saturday | |
|---|---|---|---|---|---|---|---|
| Week 1 | Parent 1 | Parent 1 | Parent 1 | Parent 1 Parent 2 5 p.m. |
Parent 2 to school or 8 a.m. Parent 1 |
Parent 1 Parent 2 6 p.m. |
Parent 2 |
| Week 2 | Parent 2 | Parent 2 Parent 1 6 p.m. |
Parent 1 | Parent 1 Parent 2 5 p.m. |
Parent 2 to school or 8 a.m. Parent 1 |
Parent 1 | Parent 1 |
_____ OPTION - SPLIT WEEK & ALTERNATE WEEKENDS:
| Sunday | Monday | Tuesday | Wednesday | Thursday | Friday | Saturday | |
|---|---|---|---|---|---|---|---|
| Week 1 | Parent 1 | Parent 1 | Parent 1 | Parent 1 Parent 2 after school or 6 p.m. |
Parent 2 | Parent 2 | Parent 2 |
| Week 2 | Parent 2 | Parent 2 Parent 1 6 p.m. |
Parent 1 | Parent 1 Parent 2 after school or 6 p.m. |
Parent 2 | Parent 2 Parent 1 after school or 6 p.m. |
Parent 1 |
______ OPTION - WEEK ON/WEEK OFF:
| Sunday | Monday | Tuesday | Wednesday | Thursday | Friday | Saturday | |
|---|---|---|---|---|---|---|---|
| Week 1 | Parent 2 Parent 1 6 p.m. |
Parent 1 | Parent 1 | Parent 1 Parent 2 5 p.m. to 8 p.m. |
Parent 1 | Parent 1 | Parent 1 |
| Week 2 | Parent 1 Parent 2 6 p.m. |
Parent 2 | Parent 2 | Parent 2 Parent 1 5 p.m. to 8 p.m |
Parent 2 | Parent 2 | Parent 2 |
The parties shall communicate regarding sleep schedules, feeding schedules, and any special dietary or other considerations for the child. The non-residential or non-custodial parents shall follow these schedules and considerations so as to make the transition between homes as seamless as possible for the infant child.
In some juvenile court cases, the parents and child have not been living together as a family unit. The court, based on a number of factors, may conclude that it is in the child’s best interest to give the reuniting parent the opportunity to develop or re-develop a relationship with the child before exercising overnights. This graduated parenting schedule will enhance the comfort level for the parents as well as the child.
Because the intent of the graduated visitation schedule is to allow the child to become familiar and comfortable with the reuniting parent, it is important that he/she exercise substantially all of the scheduled time in consecutive weeks. If the reuniting parent misses a visit, he/she will not move to the next level until all the visits in the current level are completed. Should the reuniting parent miss 2 or more visits after week 4, he/she shall return to week 3 and begin again from there.
This graduated parenting schedule may be ordered by the court under facts which indicate it will be in the child’s best interests. Some factors the court will consider include, but are not limited to:
The parents will discuss the pertinent schedules and work together to determine when the visits will occur. In the event the parents cannot agree, the visits shall occur on Sundays beginning at noon for weeks 1-8.
The guideline graduated parenting time/absent parent reunification schedule is as follows:
Once the child has had 4 overnights with the reuniting parent, the parties shall observe the Juvenile Court Model Parenting Time Standard Weekend option unless a different model parenting time option is agreed upon by the parties.
PARENT 1:
PARENT 2:
Liberal parenting time arrangements are encouraged, as contact with both parents is important to the children. Specific items in the Journal Entry take precedence over this schedule. Changes or modifications can be made by the Court if need for such is shown. This schedule does not affect support payments.
Activities you engage in with your children, skills you teach them, or friends you help them make will make their time with you more rewarding. Additionally, regardless of how much time each parent spends with the children, there are many opportunities to be involved in their lives, such as participation and attendance at their school, sporting and extracurricular activities.
PARENTING TIME BETWEEN THE CHILDREN AND THE NON-RESIDENTIAL PARENT SHALL TAKE PLACE AT SUCH TIMES AND PLACES AS THE PARTIES MAY AGREE, BUT WILL NOT BE LESS THAN:
| IN THE MATTER OF: | |
| CASE NO. | |
| SETS NO. | |
| , Obligee | JUDGE SCOTT ALTENBURGER |
| MAGISTRATE | |
| Obligor | |
| SUPPORT ORDER and Standard/Additional |
|
IT IS HEREBY ORDERED that:
See attached Child Support Worksheets. In addition to these support obligations, the Support Obligor shall pay a processing fee of 2% to the Support Enforcement Agency.
The child(ren) who are the subject of this child support order are:
| Child's Name | Date Of Birth |
|---|---|
The above child support deviates by percent (upward/downward)
deviation from the amount of child support that would otherwise result from the use of the Basic Child Support
Schedule and the applicable worksheet through the line establishing the actual annual obligation, because pursuant to
Ohio Revised Code §3119.22 the amount would be unjust or inappropriate and would not be in the best interest of the
minor child(ren) for the following reason(s) [beyond any parenting time deviation shown on the attached worksheet]:
The duty of support shall continue until further order of Court or until the child(ren) of this support order reach(es) the age of 18 or so long as the child(ren) continuously attend(s), on a full-time basis, any recognized and accredited high school, however, no later than age 19, or as otherwise provided in Ohio Revised Code §3119.86.
All support shall be paid through Ohio Child Support Payment Central (OCSPC), P.O. Box 182372, Columbus, Ohio 43218-2372. Checks or money orders shall be made payable to “OCSPC”. All payments shall include the following: Obligor’s name, Social Security Number, SETS case number, and Court case number. Any payments not made through OCSPC shall not be considered as payment of support.
All support under this order shall be withheld or deducted from the income or assets of the Child Support Obligor pursuant to a withholding or deduction notice or appropriate order issued in accordance with Ohio Revised Code Chapters 3119, 3121, 3123, and 3125 or a withdrawal directive issued pursuant to Ohio Revised Code §3123.24 to §3123.38 and shall be forwarded to the Child Support Obligee in accordance with Ohio Revised Code Chapters 3119, 3121, 3123, and 3125.
To secure the support obligations, the Court finds that (check appropriate box and complete section):
IT IS FURTHER ORDERED that pursuant to Ohio Revised Code §3119.82 the following person(s) shall claim the child(ren) subject to this order as dependent(s) for federal and state income tax purposes:
IT IS FURTHER ORDERED that the parties shall take whatever action is necessary pursuant to 152 of the “Internal Revenue Code of 1986,” 100 Stat. 2085, 26 U.S.C. 1, as amended, to enable the parent who has been awarded the right to claim the exemption(s) to claim the child(ren) as (a) dependent(s) for federal income tax purposes in accordance with this order. Failure of a party to comply with the order may be considered contempt of court.
IT IS FURTHER ORDERED that the Child Support Obligor and the Child Support Obligee shall comply with the request of the Miami County CSEA in advance of an administrative review of a support order to provide the following: copy of federal income tax return from the previous year, copy of all pay stubs within the preceding six (6) months, copy of all other records evidencing the receipt of any other salary, wages or compensation within the preceding six (6) months, and, if the Child Support Obligor is a member of the uniformed services and on active military duty, a copy of the Child Support Obligor’s Internal Revenue Service Form W-2, “Wage and Tax Statement,” and a copy of a statement detailing the Child Support Obligor’s earnings and leave with the uniformed services. The Child Support Obligor and the Child Support Obligee shall also provide a list of available group health insurance and health care policies, contracts and plans, and their costs, the current health insurance or health care policy, contract, or plan under which the Child Support Obligor and/or Child Support Obligee is/are enrolled, and their costs, including any Tricare program offered by the United States Department of Defense available to the Child Support Obligee, and any other information necessary to properly review the child support order. Failure to provide said information may result in the CSEA making reasonable assumptions regarding the income of the party failing to provide such information and proceed to review the support order using those assumptions.
IT IS FURTHER ORDERED:
If private health insurance is not available to either parent at a reasonable cost at the time of the issuance of this order, and later becomes available to the Child Support Obligee at a reasonable cost, the Child Support Obligee shall obtain said coverage no later than thirty (30) days after it becomes available at a reasonable cost and shall inform the CSEA when coverage has been obtained.
If private health insurance becomes available to the Child Support Obligor at a reasonable cost, the Child Support Obligor shall inform the CSEA of the availability of said coverage and may seek a modification of health insurance coverage.
The Health Insurance Obligor(s) shall provide private health insurance through:
| PARENT NAME | |
| Name of Employer/Group/Individual | |
| Address of Employer/Group/Individual | |
| Name of Health Plan | |
| Name of Insurance Company | |
| Claims Address of Insurance Company | |
| Customer Service Telephone Number | |
| Group Number | |
| Identification/Subscriber Number |
| PARENT NAME | |
| Name of Employer/Group/Individual | |
| Address of Employer/Group/Individual | |
| Name of Health Plan | |
| Name of Insurance Company | |
| Claims Address of Insurance Company | |
| Customer Service Telephone Number | |
| Group Number | |
| Identification/Subscriber Number |
The following child(ren) shall be designated as covered dependents under the private health insurance policy, contract, or plan:
| Child’s Full Name Subject to Medical Support Order | Date Of Birth |
IT IS FURTHER ORDERED that, in accordance with Ohio Revised Code §3219.30 or §3119.32, the Child Support Obligor, shall pay 50% and the Child Support Obligee, shall pay 50% of the uninsured medical expenses incurred for a child during a calendar year that exceed the total cash medical support amount for that child owed by the parents during that year. [Uninsured medical expenses are those medical expenses that exceed the amount determined by the Department of Job and Family Services currently $ per annum.]
The Child Support Obligee shall immediately notify, and the Child Support Obligor may notify, the CSEA of any reason for which the child support order should terminate. Reasons for which a child support order should terminate include all of the following:
EACH PARTY TO THIS SUPPORT ORDER MUST NOTIFY THE CHILD SUPPORT ENFORCEMENT AGENCY IN WRITING OF HIS OR HER CURRENT MAILING ADDRESS, CURRENT RESIDENCE ADDRESS, CURRENT RESIDENCE TELEPHONE NUMBER, CURRENT DRIVER’S LICENSE NUMBER AND OF ANY CHANGES IN THAT INFORMATION. EACH PARTY MUST NOTIFY THE AGENCY OF ALL CHANGES UNTIL FURTHER NOTICE FROM THE COURT OR AGENCY, WHICHEVER ISSUED THE SUPPORT ORDER.
IF YOU ARE THE OBLIGOR UNDER A CHILD SUPPORT ORDER AND YOU FAIL TO MAKE THE REQUIRED NOTIFICATIONS, YOU MAY BE FINED UP TO $50 FOR A FIRST OFFENSE, $100 FOR A SECOND OFFENSE, AND $500 FOR EACH SUBSEQUENT OFFENSE. IF YOU ARE AN OBLIGOR OR OBLIGEE UNDER ANY SUPPORT ORDER ISSUED BY A COURT AND YOU WILLFULLY FAIL TO GIVE THE REQUIRED NOTICES, YOU MAY BE FOUND IN CONTEMPT OF COURT AND BE SUBJECTED TO FINES UP TO $1,000 AND IMPRISONMENT FOR NOT MORE THAN 90 DAYS.
IF YOU ARE AN OBLIGOR OR OBLIGEE AND YOU FAIL TO GIVE THE REQUIRED NOTICES TO THE CHILD SUPPORT ENFORCEMENT AGENCY, YOU MAY NOT RECEIVE NOTICE OF THE CHANGES AND REQUESTS TO CHANGE THE CHILD SUPPORT AMOUNT, HEALTH CARE PROVISIONS, OR TERMINATION OF THE CHILD SUPPORT ORDER. IF YOU ARE AN OBLIGOR AND YOU FAIL TO GIVE THE REQUIRED NOTICES, YOU MAY NOT RECEIVE NOTICE OF THE FOLLOWING ENFORCEMENT ACTIONS AGAINST YOU: IMPOSITION OF LIENS AGAINST YOUR PROPERTY; LOSS OF YOUR PROFESSIONAL OR OCCUPATIONAL LICENSE, DRIVER’S LICENSE, OR RECREATIONAL LICENSE; WITHHOLDING FROM YOUR INCOME; ACCESS RESTRICTION AND DEDUCTION FROM YOUR ACCOUNTS IN FINANCIAL INSTITUTIONS; AND ANY OTHER ACTION PERMITTED BY LAW TO OBTAIN MONEY FROM YOU TO SATISFY YOUR SUPPORT OBLIGATION.
FAILURE TO COMPLY WITH THIS SUPPORT ORDER CAN RESULT IN A CONTEMPT ACTION; AND, AS PROVIDED IN OHIO REVISED CODE §2705.05, THE PENALTY FOR WHICH MAY BE IMPRISONMENT FOR NOT MORE THAN THIRTY (30) DAYS IN JAIL AND/OR FINE OF NOT MORE THAN $250.00 FOR A FIRST OFFENSE, NOT MORE THAN SIXTY (60) DAYS IN JAIL AND/OR FINE OF NOT MORE THAN $500.00 FOR A SECOND OFFENSE, AND NOT MORE THAN NINETY (90) DAYS IN JAIL AND/OR NOT MORE THAN $1,000.00 FINE FOR A THIRD OR SUBSEQUENT OFFENSE.
Both the Child Support Obligor and Child Support Obligee have a right to request an administrative review of the support order for child support and medical support thirty-six months from the establishment of the order or from the date of the most recent support order or sooner, if certain circumstances are present. Contact the Miami County CSEA for further details.
Information is provided for the use of the Miami County CSEA in accordance with Ohio Revised Code §3121.24 and §3121.30 and forwarded to Miami County Child Support Enforcement Agency. The parties affected by the support order shall inform the Miami County CSEA of any change of name or other change of conditions that may affect the administration of the order. Willful failure to inform the Miami County CSEA of the above information and any changes is contempt of court.
IT IS FURTHER ORDERED that the Juvenile Court clerk shall send a copy of this order to both parties.
The above decision is approved and is an order of the Court upon filing.
| Scott Altenburger, Judge |
| Magistrate APPROVED: |
APPROVED:
, Obligee
, Attornery for Obligee
, Obligor
, Attorney for Obligor
, Obligee
| IN THE MATTER OF | : | CASE NO. |
| : | ||
| : | ||
| : | JUDGE SCOTT ALTENBURGER |
I, (full legal name) ______________________________________being sworn according to law, certify that these proceedings involve the custody of a child, or children and the following statements are true:
OATH OF AFFIANT
I hereby swear or affirm that the answers above are true, complete and accurate. I understand that falsification of this document may result in a contempt of court finding against me which could result in a jail sentence and fine, and that falsification of this document may also subject me to criminal penalties for perjury. (R.C. 2921.11).
Dated:
(Signature of Party)
Printed name: Address:
City, State, Zip: Phone Number:
Fax Number:
Sworn to and subscribed before me on this day of , 20.
Notary Public
*If a party alleges in an affidavit or a pleading under oath that the health, safety, or liberty of a party or child would be jeopardized by the disclosure of identifying information, the information shall be sealed and may not be disclosed to the other party or the public unless the court orders the disclosure to be made after a hearing in which the court take into consideration the health, safety, and liberty of the party or child and determines that the disclosure is in the best interests of justice.
Payment for assigned counsel shall be on the basis of Seventy-five Dollars $75.00 per hour for time in court or out of court, up to the following maximum amounts
Per Resolution No. 25-03-414 of the Board of Commissioners for Miami County, effective May 1, 2025, the prescribed maximum fees permitted in juvenile level proceedings are:
| Offense/Proceeding | Fee Maximum |
|---|---|
| Aggravated murder (w/ capital specs) per R.C. 2929.04/A) and 2941.14/B) | As set by Capital Fee Council- see R.C.120.33(D).The Council has currently set a rate of $140 with no fee maximum. |
| Aggravated murder (w/o capital specs) | $7,500 per attorney |
| Murder | $6,000 |
| Felony adjudication (degrees 1-2) | $5,000 |
| Felony adjudication (degrees 3-5) | $3,500 |
| Misdemeanor OVI/BAC | $2,500 |
| Misdemeanor | $2,000 |
| Traffic | $300 |
| Objections | $750 |
| Unruly | $1,000 |
| Bindover-Mandatory | $750 |
| Bindover- Discretionary | $2,000 |
| Reverse Bindover Amenability | $1,500 |
| SYO | Adult Degree |
| SYO Invocation | $2,000 |
| Adult in Juvenile Court | $1,500 |
| Violation (Probation/Community Control) | $750 |
| Violation (Parole/Supervised Release} | $750 |
| Violation of Court Order | $750 |
| Abuse, Dependency and Neglect Initial Custody | $1,500 |
| Abuse, Dependency and Neglect Annual Review After Initial Custody | $1,500 |
| Permanent Custody | $2,500 |
| Contempt of court | $500 |
| Purge Hearing | $150 |
| Sex Offender Classification/ Reclassification/Declassification | $750 |
| Expungement | $300 |
| Other | $750 |
Payment for Guardian Ad Litem (Attorney) shall be on the basis of Thirty-five Dollars ($35.00) per hour for all time (in and out of court) up to a maximum amount of $1000.00 per case per year.
IN THE MATTER OF: CASE NO.
DOB: JUDGE ALTENBURGER
NOTICE OF INTENT TO RELOCATE
Now comes mother/father [circle one] and hereby gives notice of my intent to relocate.
My new address will be:
.
I intend to relocate by: [effective date].
The Miami County Juvenile Court Clerk shall serve a copy of this Notice of Intent to
Relocate upon:
[name and address of other parent]. Service will
be made by USPS regular mail.
Signature
Printed name
Current Address
Telephone and email address
TO THE NON-RELOCATING PARENT:
OHIO REVISED CODE 3109.051 REQUIRES THE COURT TO PROVIDE YOU WITH THIS NOTICE. THE LAW DOES NOT REQUIRE THE COURT TO HOLD A HEARING REGARDING THIS NOTICE UNLESS YOU FILE AN APPROPRIATE MOTION. IF YOU BELIEVE THIS RELOCATION WILL AFFECT YOUR CURRENT PARENTING TIME OR VISITATION, YOU MUST FILE A MOTION TO MODIFY THE PARENTING TIME SCHEDULE.
CC: Movant
Non-relocating parent