Lucas County Rules of the Court of Common Pleas Juvenile Division

Pursuant to Rule 45 of the Ohio Rules of Juvenile Procedure, Chapters 2151 and 2152 of the Ohio Revised Code, and Rule 5 of the Rules of Superintendence for Courts of Ohio, the following rules are hereby adopted by the Juvenile Division of the Lucas County Court of Common Pleas, effective August 1, 2004 and entered upon the Journal of the Court.

These rules supersede any other previously adopted rules and the same are hereby repealed.

TABLE OF CONTENTS

Juvenile Rule 1 - Court and Attorney Decorum/Conduct

Juvenile Rule 2 - Sessions of Court

Juvenile Rule 3 - Court Records/Recordings

Juvenile Rule 4 - Court Procedures: Juvenile

Juvenile Rule 5 - Court Procedures: Adult

Juvenile Rule 6 - Right to Counsel; Court Appointed Counsel; Court Personnel and Attorneys

Juvenile Rule 7 - Bonds/Recognizance

Juvenile Rule 8 - Continuances

Juvenile Rule 9 - Pre-Trial Conferences

Juvenile Rule 10 - Drug Court

Juvenile Rule 11 - Mediation Conferences

Juvenile Rule 12 - Discovery

Juvenile Rule 13 - Guardian ad Litem

Juvenile Rule 14 - Psychological Reports

Juvenile Rule 15 - Emergency Hearings

Juvenile Rule 16 - Fax Filing

Juvenile Rule 17 - Case Management

Juvenile Rule 18 - Magistrates

Juvenile Rule 19 - Parenting Access Schedules

Juvenile Rule 20 - Traffic Bureau

Juvenile Rule 21 - Citation of Rules

Proper decorum in the Court is necessary to the administration of the Court�s business.

1.1 No radio or television transmission, voice recording device (other than the court�s audio recording of the proceedings) or the making or taking of pictures shall be permitted without prior judicial approval.

1.2 Spectators shall not be allowed in the courtroom without the consent of the presiding Judge or Magistrate. No child shall be permitted to enter or remain in any courtroom unless accompanied by an adult. In every case of an adult charged with a criminal offense, the right of public trial and hearing shall be observed, with the right to trial by jury as provided by law or the Rules of Criminal Procedure.

1.3 Food and beverages are prohibited in the courtroom during all hearings. Smoking is prohibited throughout the building at all times.

1.4 Persons committing any violation of proper conduct shall be removed from the courtroom or the waiting room area by security personnel charged with enforcement of this rule.

1.5 Counsel for all parties shall be present and before the Court at the assigned hearing time.

1.6 If counsel is not present in court at the assigned hearing time, the case may commence without counsel, may be continued, or dismissed, as determined by the presiding Judge or Magistrate.

1.7 When counsel is going to be late for hearing, counsel must make a reasonable effort to notify the presiding Judge or Magistrate as soon as is practical to explain the reason for his/her tardiness.

1.8 Repeated lateness or absences may result in the removal of counsel from the appointment of cases in the Lucas County Juvenile Court.

1.9 Upon entering courtrooms, persons must discontinue all cell phone use and cell phones are to be turned off until exiting the courtroom.

2.1 The Juvenile Court shall be open for the transaction of business from 8:30 a.m. - 4:30 p.m., on all business days, Monday through Friday, with legal holidays as provided by law to be observed. The Juvenile Court, at the discretion of and upon the order of the Administrative Judge, may be open at other hours for matters of extraordinary nature or importance.

2.2 The Court shall sit in session between the hours of 8:30 a.m. - 12:00 noon and 1:00 p.m. - 4:30 p.m. At the discretion of the Judges or Magistrates, hearings may be scheduled at other times.

3.1 Probation Reports. Probation reports and records of the probation department shall be considered confidential information and shall not be made public. The inspection of Court Records by attorneys and other interested parties shall be governed by Rule 32 (C) of the Ohio Rules of Juvenile Procedure. No person shall be permitted to read Court records unless proper authorization is given by the presiding Judge or Magistrate.

3.2 Maintenance of Official Cases. The records of official cases shall be maintained as provided by law (ORC 2151.18 and Sup. R 26) and as provided by local rules of this Court.

3.3 Who may Inspect Court Records. Records of cases involving juveniles shall be open for inspection by the parent(s), custodian(s), guardian(s), and attorney(s) of record, of any child affected by any order of the proceeding. Otherwise, such records shall not be available to any person except by order of the presiding Judge, Magistrate or by legal process from a court of competent jurisdiction.

3.4 Adult Cases. The records of adult cases shall be public records as provided by law, and the same shall be maintained in a separate appearance docket for such cases.

3.5 Official Cases. All official matters filed in the Juvenile Division shall be assigned a case number.

3.6 Unofficial Cases. Unofficial cases considered by the Court staff shall not be subject to the provisions of the foregoing rules; and no person shall have access to such cases without an order of the Judge.

3.7 Records of Proceedings. Pursuant to Juv. R. 37, a complete record of all testimony, or other oral proceedings shall be taken in shorthand, stenotype or by any other adequate mechanical or electronic recording device.

3.8 No public use shall be made by any person, including a party, of any record or transcript thereof except in the course of an appeal or as authorized by the Court.

3.9 If a request for a transcript is for purposes of an appeal, the court reporter will certify the Docketing Statement by indicating an estimated number of pages and how much time is needed to complete the transcript. In indigent cases, the transcript is prepared and the Court is billed. In non-indigent cases, the attorney will be advised by the court reporter of the estimated cost of the transcript and a deposit is required prior to the preparation of the transcript.

3.10 If a request for transcript is for cases that are pending further hearing, (i.e., objections, trial, closed cases, etc.) that request must be made by filing a written Motion whether the attorney is appointed, or retained, or represents the State. The Motion should specify who is responsible for payment. No transcript shall be prepared unless ordered by the Court. The same rules apply as in appeal cases: in indigent cases, the transcript is prepared and the Court is billed; in non-indigent cases, a deposit is required prior to preparation of the transcript.

3.11 The policy of this Court is that indigent parties shall have access to transcripts/recordings equal to that of non-indigent parties. The officer of the Court, charged with securing counsel for indigent parties, shall determine those individuals entitled to a free or reduced rate transcript. All transcripts fully or partially paid by the Court must be approved by Judge�s order.

3.12 Requests by attorneys of record to listen to audio recordings must be approved by the presiding Judge. Notice must be given by requesting party to all other parties and attorneys of record with the understanding that audio recordings may include what is considered �off the record� communications and statements by the attorneys and clients.

4.1 The Court hereby expresses the policy that the deputy clerks of the Juvenile Division shall not prepare juvenile complaints unless instructed to do so by the Judge. The Court shall not be placed in the position of initiating complaints by its staff and thereby promoting the conclusion that cases are being started by the Court, and thereby casting the Court in a non-judicial character. This rule does not apply to the filing of motions by the Probation or Intake departments for violation of terms of probation or court orders.

4.2 The Court may require the execution of forms as it shall prescribe to be filed with any pleading or Motion filed with the Clerk. No pleading or motion shall be accepted for filing until the information requested in such forms shall be provided, unless waived by presiding Judge or Magistrate.

4.3 Attorneys requesting interim orders shall prepare and submit proposed orders with their motion.

4.4 Consent judgment entries shall be prepared by counsel as directed by the Court, other than in delinquency cases, and shall be filed within thirty (30) days after the hearing, or as otherwise ordered/allowed by the presiding Judge or Magistrate.

4.5 Pursuant to O. Juv. R. 16(A) service by publication shall be made by posting and mailing. Upon the filing of an affidavit, the clerk shall cause service of notice to be made by posting in Lucas County Court of Common Pleas, Juvenile Division; Lucas County Court of Common Pleas, Domestic Relations Division; Lucas County Court of Common Pleas, General Division; Lucas County Children Services; and the Lucas County Corrections Center.

The notice shall be posted in the required locations in conspicuous place and manner for seven (7) consecutive days prior to the date of the hearing. The clerk shall also cause the summons and pleadings to be mailed by ordinary mail, address correction requested, to the last known address of the party to be served, and obtain a certificate of mailing from the United States Postal Service.

5.1 The statutory procedures and the Rules of Criminal Procedure shall be followed with respect to adult criminal actions within the jurisdiction of the Juvenile Division.

5.2 All persons charged with offenses 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 an arraignment or bond hearing immediately upon arrest or the next session of Court. If permitted, defendants may post bond in accordance with Ohio Rules of Criminal Procedure.

5.3 In cases in which the defendants have a right to a trial by jury, the defendant or his counsel shall demand a trial by jury no less than ten (10) days prior to the date assigned for trial. Failure to notify the Court either in person or in writing may be deemed just cause for entering a continuance without the consent of the defendant, or the Court may order the matter to proceed to trial before the Court without a jury.

Juvenile Rule 6
RIGHT TO COUNSEL, COURT APPOINTED COUNSEL, COURT PERSONNEL AND ATTORNEYS

6.1 The right of all parties to be represented and to retain counsel of their own choosing is implicit in the law and is fully recognized by this Court. Upon request, indigent parties shall be appointed counsel as provided in the Ohio Revised Code and Ohio Rules of Juvenile Procedure.

6.2 The Court shall maintain a list of attorneys approved by the Administrative Judge for appointment to indigent parties or to serve as guardian ad litem. Attorneys on the appointment list shall complete six hours of CLE, specific to juvenile law, each calendar year and provide documentation of the same by December 31 of each year to the Court.

6.3 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. When there is an attorney of record, court personnel shall make all contact with the client through the attorney.

6.4 No attorney of record will be allowed to withdraw nor may he/she be discharged within fourteen (14) days of the trial date except for good cause shown and provided that such action is not the fault of the attorney and is not for the purpose of delay.

7.1 Appearance bonds for adults and/or juveniles shall be fixed by the Judge or Magistrate in each individual case upon arraignment, or at such other time as may be determined; and the deputy clerks shall endorse on all adult warrants 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 presiding Judge or Magistrate.

7.2 Other bonds or recognizance to appear as may be provided by the Judge or 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.

7.3 The sufficiency of sureties shall be determined by the presiding 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 the property as it appears upon the county tax list maintained by the office of the County Auditor.

8.1 Motions for continuances shall be made in accordance with the Rules of Superintendence for the Courts of Ohio (Sup. R. 41), effective July 1, 1997.

8.2 All applications for continuances or advancements shall be made to the presiding Judge or Magistrate by written Motion and, except as hereinafter provided, such application must be made seven (7) days before the day of trial or hearing and after notice to opposing counsel and the Guardian ad Litem. No case will be continued on the day of trial or hearing except for good cause shown. The cause shown must include that it was not known to counsel prior to the day of trial and that counsel has used diligence to be ready for trial. Counsel must have notified, or made diligent effort to notify, all parties as soon as he/she became aware of the necessity to ask for a postponement. This rule cannot be waived by consent of counsel. Cases will be continued when counsel is actually engaged in trial in another court provided such counsel notifies the Judge or Magistrate of being so engaged.

8.3 The clerk�s office shall have available a pre-printed Motion for Continuance form for use by counsel or pro se parties. Upon the filing of a Motion for Continuance, the clerk or designated employee shall take the Motion to the presiding Judge or Magistrate.

8.4 All requests for continuances, whether written or oral, shall be ruled upon and noted on the case docket sheet by the presiding Judge or Magistrate within 48 hours of presentation to the Court. The docket entry shall contain the date, party making the request and whether the continuance is granted or denied.

9.1 Unless otherwise ordered, the pre-trial conference shall not be assigned later than two (2) weeks before the assigned date of the trial of the action.

9.2 Unless otherwise ordered, trial counsel shall appear at pre-trial conferences with their clients, unless their clients appearance has been waived by the presiding Judge or Magistrate. At the pre-trial, counsel should be prepared for settlement of all issues. In the event that all issues are not settled at the pre-trial, counsel shall be fully prepared to discuss all the issues set out below at pre-trial:

(d) Identification of witnesses and disclosure of their statements and potential testimony.

(h) Other than in delinquency cases, parties shall have made at least one (1) good faith attempt to settle the case.

9.3 Failure of an attorney to be prepared for pre-trial conference may result in the imposition of sanctions, attorney fees and/or court costs.

10.1 Pursuant to Evidence Rule 408, statements made in Drug Court hearings shall be treated as evidence of conduct or statements made in compromise negotiations and are not admissible to prove the underlying cause of action.

10.2 Pursuant to Evidence Rule 410, statements made in Drug Court hearings will be treated as participation in plea discussions, and will not be admissible to prove the underlying cause of action.

10.3 This rule does not limit the admissibility of evidence provable by independent, extrinsic evidence.

11.1 All complaints or motions for the allocation of parental rights and responsibilities or visitation and companionship filed subsequent to a determination of parentage, with the exception of those approved by a Judge or Magistrate, cases involving domestic violence or child abuse, or a party living outside the jurisdiction of the Court, will be referred for pre-trial mediation conference upon filing. Filings not referred for pre-trial mediation are referred to a Judge or Magistrate.

11.2 If the parties reach an agreement in a mediation conference, and the agreement is filed as a mediation report pursuant to ORC 3109.052, the Court shall consider the mediation report when it allocates parental rights and responsibilities. The Court, however, will not be bound by the mediation report and shall also consider factors listed in ORC 3109.04(F)(1) and the best interest of the child(ren) when allocating parental rights and responsibilities or visitation.

11.3 Attorneys of record on cases that reach an agreement in mediation but who did not attend the mediation with their client will be mailed a letter with a copy of the mediation agreement that their client has signed. If the attorney does not approve the mediation agreement, the attorney must file a written objection within ten (10) days from the date of the letter. If an objection is timely filed, the case will be referred to the magistrate of record for hearing. If no objection is timely filed, the mediation agreement will be sent to the Judge for approval and journalized as a judgment entry in the case.

11.4 Procedures for screening parental rights cases where domestic violence or child abuse has been identified are as follows:

A) Upon filing, Mediation shall screen the complaint or motion for domestic violence or child abuse, or other acts of violence between the parties. If violence or abuse is identified or alleged in that filing, the case is referred to a hearing docket.

B) The presiding Judge or Magistrate when referring a case back to Mediation where domestic violence or child abuse has been identified shall provide the following in their referral order:

1) Where a civil protection order or restraining order is in effect between the parties, or allegations of domestic violence or child abuse have been made, the referral order shall list all issues to be addressed, the names of those expected to attend, and any parameters or conditions set out for the mediation.

2) Pursuant to ORC 3109.052, where a party has been convicted of domestic violence or child abuse, the presiding Judge or Magistrate shall provide findings of fact upon referring the case for mediation.

C) Upon bench referral under B(1) or B(2) above, the mediator shall have the option of screening the parties further to assess the parties for mediation. These options include either a written questionnaire or a personal interview, or both. If safety remains an issue, the mediator may elect to indicate that mediation is not recommended; or if the mediation has been undertaken, the parties or the mediator may terminate at any time and indicate that no agreement has been reached.

11.4 Unofficial, delinquency, unruly and contributing cases may be referred for a mediation conference by the court�s Intake Officer.

11.5 A mediation conference may be court ordered during the pendency of any Juvenile Court case. If the parties enter into an agreement, the agreement may, after judicial review, become part of the court record and become an enforceable court order.

11.6 If mediation is court ordered in a dependency, neglect and abuse case, it is a docketed event mandating the appearance of all parties and their counsel.

11.7 Statements made during mediation conferences are subject to ORC Chapter 2710, ORC 3109.052 and Evidence Rules 408 and 410.

11.8 The mediator shall not disclose the contents of the mediation, except as agreed to by all parties and in accordance with applicable statutes and rules governing mediation disclosures.

11.9 Filing fees for mediation shall be assessed by the Juvenile Court Clerk on all complaints to establish or motions to modify allocation of parental rights and responsibilities, as well as grandparent visitation cases. Unless the case is voluntarily dismissed by the filing party prior to mediation being commenced, the mediation filing fees are not refundable.

11.10 Assessment of Mediation Costs. On cases that are referred to Mediation but were not initially assessed filing fees for mediation, the presiding Judge or Magistrate when referring a matter to mediation may assess one or both parties court costs for mediation services. In addition, if a matter is referred for mediation for what becomes prolonged mediation sessions or on cases with numerous parties and issues, the presiding Judge or Magistrate may order a party or parties to pay additional court costs for mediation services.

11.11 Motions for Mediation. When parents have an existing shared parenting plan that contains the standard clause to seek mediation to resolve disputes that arise prior to filing a motion with the court, parties may file a �Motion for Mediation Pursuant to a Shared Parenting Plan.� The filing party will be assessed mediation filing fees only. If after attempting mediation the parties fail to resolve their dispute, at the request of the filing party, the Mediation Magistrate shall write an order converting the Motion for Mediation to a Motion to Modify the Allocation of Parental Rights. Upon doing so, the filing party shall be assessed filings fees for this motion, reduced by mediation filing fees previously paid.

12.1 �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 26 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/protection of Rule 24(B) of Ohio Rules of Juvenile Procedure or Rule 26�) of Ohio Rules of Civil Procedure. Discoverable items include, but are not limited to, police reports, supplemental police reports, and a children 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.

12.2 Discovery authorized by Juv. R. 24 or Civ. R. 26 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 forthwith 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:

(a) if the requested party is non-governmental and represented by counsel, at the office of the attorney for the requesting party;

(b) in the Parentage/UIFSA/Child Support proceedings where the requested party is the Lucas County Child Support Enforcement Agency - at the LCCSEA Legal Department;

�) in Delinquency/Unruly/Traffic cases where the prosecutor is the requested party, at the office of the Lucas County Prosecutor, Juvenile Division;

(d) in Dependency/Neglect/Abuse cases where Lucas County Children Services is the requested party, at the LCCS Legal Department.

12.3 When the discoverable materials are documents, any party may comply with a request for discovery by forthwith mailing accurate and legible copies to the attorney of the requesting party.

12.4 If (a) discoverable item(s) is/are physical evidence or other evidence that is not readily copied, then the item(s) shall forthwith be made available to the requesting party for inspection, photographing or other copying.

12.5 Counsel is ultimately responsible for the production of the discoverable material.

12.6 Parties shall have a continuing duty to disclose additional discoverable information or material subsequent to compliance with the original request for discovery without the need to file a new request for more current information.

12.7 Copies of discovered materials shall not be given by counsel to a party. Attorneys shall not re-release any documents that are shared with them including, but not limited to, reports of the Guardian ad Litem, police reports and all supplemental reports.

12.8 Counsel is responsible for marking all trial exhibits prior to commencement of hearing.

13.1 In all cases wherein a Guardian ad litem is appointed to represent the best interest of a child, orders will issue allowing the Guardian ad litem to have access to and make copies of records and reports, as provided herein.

A) Upon presentation of the order allowing access and such identification as may be reasonably required by the person, agency or office from whom the information is sought, the Guardian ad litem shall be allowed to review and copy all records related to the medical, dental, psychiatric, psychological, social or legal matters of the child.

B) The person, agency or office from which the information is sought will not reveal referral sources except as provided in Revised Code Chapter 5101.

13.2 In all cases where a child is alleged to be abused, neglected or dependent and where a dispositional hearing has been scheduled, orders will issue allowing the Guardian ad litem to have access to and make copies of records and reports, as provided herein.

A) Upon presentation of the order allowing access and such identification as may be reasonably required by the person, agency or office from whom the information is sought, the Guardian ad litem shall be allowed to review and copy all psychological, social or legal matters of the parties.

B) The person, agency or office from whom the information is sought will not reveal information which is controlled by 42 Code of Federal Regulation, Part 2; Revised Code Sections 2945.38, 2945.39 or 2945.40 (except court docket entries or court journal entries) unless presented an order for compliance therewith.

13.3 Any copies, summaries, abstracts or extracts of reports and records which are obtained or created pursuant to this rule are not to be disclosed by the Guardian ad litem nor are they subject to discovery except as provided by further order.

13.4 In all cases where a Guardian ad litem is appointed to represent the best interest of a child, the GAL shall submit the following reports to the Court:

A) Following the appointment as Guardian ad litem (GAL) in a dependency, neglect, abuse, delinquency, unruly, or private custody case, the GAL shall file a written report with the Court prior to the first hearing unless otherwise directed by the presiding Judge or Magistrate.

B) In all proceedings on motions for permanent custody, a written report by the GAL shall be filed with the Court prior to the permanent custody pre-trial. The GAL permanent custody report shall cover any time period(s) not previously covered in a written GAL report.

C) The GAL shall submit written or oral reports/recommendations to the Court at any time the Court directs.

D) Any written amendment to a GAL Report must be filed seven (7) days before a hearing unless otherwise permitted by the presiding Judge or Magistrate, and shall be provided to all counsel by the GAL.

14.1 In any case in which the Court orders a psychological evaluation, the report of the psychologist shall be submitted to the Court within sixty (60) days from the Court�s order, or as directed by the presiding Judge or Magistrate.

14.2 Upon request and for good cause shown, the presiding Judge or Magistrate may order the parties to submit to physical, psychological or psychiatric evaluation. The request must be timely made and the Court shall afford the parties a reasonable opportunity to respond. When the Judge or Magistrate orders that an evaluation be done, it shall determine the party to be responsible for the payment of the charges for same. The presiding Judge or Magistrate may apportion the charges for such evaluation between the parties and may tax the charge as costs.

14.3 Failure of a party to cooperate with an evaluation ordered by the Court may result in the application of sanctions, including the imposition of fines and incarceration; payment of attorney fees; reimbursement for lost wages; and payment of the charges of the evaluator. If the party bringing the action fails to cooperate, judgment may be entered against him or the matter dismissed.

14.4 The presiding Judge or Magistrate may require that reports made pursuant to orders issued under this rule be delivered directly to the Court and may prescribe the manner in which any reports made under this rule will be distributed. It may restrict the access of the parties to the reports. The presiding Judge or Magistrate may also limit the number of copies to be made of the report and may require that any copies be returned to the Court upon the conclusion of the action. Excess copies may be destroyed when the original reports are retained as a part of the Court file.

15.1 Requests by Public or Private Agencies. Emergency hearing requests may be made by a public children services agency or private child placing agency:

A) In any case in which an emergency hearing is requested for removal of a child from a placement alleged to be dangerous pursuant to ORC 2151.31, the Court shall set a time for emergency hearing the next business day or no later than seventy-two (72) hours from the request. It is the responsibility of the attorney filing the Complaint and Motion to notify all necessary parties and attorney(s) of record.

B) The children services agency shall file the Complaint and Motion for Shelter Care within the time frames designated by the Court. If the Motion for Shelter Care is not filed timely, it will not be heard until the following day. On the next business day following the issuance of a telephone ex parte order, the agency shall file either a Complaint or a Motion to Dismiss the telephone ex parte order.

15.2 Requests by Private Attorneys. Emergency hearing requests may be made by private attorneys:

A) Prior to filing the Complaint, the attorney shall first bring a sworn Complaint and Motion for Emergency Hearing to a Judge or Magistrate. Upon approval of the judicial officer, the Court shall set a time for the hearing the next business day or no later than seventy-two (72) hours from the request.

B) It is the responsibility of the attorney filing the Complaint and Motion to notify all necessary parties and attorneys of record of the time of the hearing.

16.1 Authorization The Juvenile Clerk shall maintain an independent telephone line and facsimile machine to allow members of the bar to file documents no longer than 10 pages in length with the court, 24 hours a day, seven days a week, by following this rule. The number of the fax machine is 419-213-6933.

16.2 Fax Copies Filing of documents subsequent to an original complaint and not requiring a security deposit may be filed by fax copy with the Juvenile Clerk. Exhibits, original complaints, pleadings pursuant to appeal, and filings that have an associated filing fee will not be accepted for fax filing. In accordance with Civ.R.5(E), any signature on the fax filing shall be considered to be authentic. If it is established that any transmission was made without authority, the court shall order the filing stricken. The date and time of receipt of any faxed document shall be the date and time imprinted on the document by the facsimile machine receiving the transmission. Although faxes will be received 24 hours a day, seven days a week, any fax copy received by the clerk after 4:30 p.m. on a regular business day or on a weekend or holiday shall be considered filed on the next business day by the clerk. Receipt of fax submission will be acknowledged by the Juvenile Clerk via fax communication to the attorney identified on the cover page no later than the next business day. Acknowledgment of receipt will indicate either acceptance of filing or reason for nonacceptance, and identification of any copy costs that will be assessed and instructions for payment of those copy costs.

16.3 Requirements Any fax copy filed shall conform to the civil and criminal rules and shall be preceded in transmission by a cover page, which includes the following information:
? Caption of the case
? Case number
? Assigned Judge
? Description of the document being filed
? Attorney name, address, Ohio Supreme Court registration number, telephone and fax number
? Date and time of fax initiation
? Transmitting fax number
? Number of pages, including the cover page, being transmitted Any document requiring a signature shall either contain the signature on the source document at the time of fax transmission or be submitted without the signature but the notation �/s/� followed by the name of the signing person where the signature appears in the signed source document.

16.4 Fax Documents as Originals The faxed document shall be considered the original. Additional originals of the documents shall not be filed with the Juvenile Clerk. The sending party must maintain possession of the source document and make them available for inspection by the court upon request.

16.5 Charges If courtroom or service copies are needed for processing, the Juvenile Clerk may charge the standard page rate or $1.00 per page for all necessary copies. Attorney checks, cashier�s checks, and cash are acceptable methods of payment.

17.1 Pursuant to Sup. R. 39, as amended through July 1, 2002, the Court hereby establishes the following plan for the management of cases filed in this division.

17.2 The purpose of the case management plan is to ensure the readiness of cases for pre-trial and trial and to maintain and improve the timely disposition of cases. The plan is to be utilized in conjunction with Ohio Revised Code, the Rules of Juvenile Procedure, the Rules of Civil Procedure and the Rules of Criminal Procedure, where applicable.

17.3 Time frames set forth in this plan are guidelines only; failure to follow such time frames in individual cases shall not affect the Court�s jurisdiction or be grounds for dismissal.

2. Trials shall be held within sixty (60) days of filing. Dispositions shall be held within ninety (90) days of filing.

1. Detention hearings will be held within seventy-two (72) hours after admission to JDC or on the next business day, whichever is earlier (ORC 2151.314).

I. Ten (10) days from the filing of the complaint, if the complaint was not filed when the child entered detention (Juv. R. 29 (A)

ii. Ten (10) days from the date detention began, if the complaint was filed on or before the detention date.

b. Relinquishment of jurisdiction hearings will be held not less than three (3) days nor more than ten (10) days from the date of the detention hearing.

c. If the child admits the charges or is found delinquent at trial, the Court may proceed to disposition or continue the matter for completion of a social history and investigation; in such case, the disposition will be scheduled two (2) weeks after adjudication.

d. Final disposition for a child in detention will be completed within ninety (90) days of the child�s being taken into custody.

a. All felonies and runaways are official filings and are entered into the system within two (2) days.

b. All other case types, within ten (10) days of the complaint having been signed, it will be screened by the intake officer to determine:

ii. If it should be referred to the Court�s Mediation Program or an appropriate community agency;

c. Arraignment will be held within thirty (30) days after the complaint is filed.

I. If the child admits, the Court will proceed to disposition or refer the matter to probation for a social history and investigation, in which case, disposition will be scheduled within four (4) weeks after adjudication.

ii. If the child denies, the matter will be set for pre-trial within thirty (30) days.

d. In delinquency and traffic cases, upon the approval of the Judge or Magistrate, counsel may waive the child�s appearance, waive any defects in time, place, or manner of service, and enter a denial.

f. Continuances may be granted upon showing of good cause; however, continuances should be for no longer than the period necessary to resolve the good cause.

1. Summons shall issue within seventy-two (72) hours of the complaint having been filed and shall include a pre-trial date not later than 60 days from the date the complaint was filed.

a. If the defendant admits, the Court may proceed immediately to a determination of a support order.

b. If the allegations are denied, or the defendant fails to appear the Court may

I. Defendant admits, the Court may proceed immediately to determination of the support order; or if

ii. Defendant denies, the matter may proceed to trial that day or be scheduled for hearing within thirty(30) days.

4. If service of summons is not made within one hundred and eighty (180) days from the date of issuance, the complaint shall be dismissed without prejudice on the court�s own motion.

D. Allocation of Parental Rights and Responsibilities and Third Party Custody and Visitation Cases.

1. If appropriate, cases will be initially referred to the Court�s Mediation program prior to being placed on a preliminary hearing docket.

2. Summons shall issue within three (3) business days of filing, giving notice of preliminary hearing to be held within forty-five (45) days.

3. If matters are not resolved at the preliminary hearing, a trial will be held within thirty (30) days.

4. All parental rights and third party custody and visitation complaints will be resolved within one-hundred twenty (120) days of filing.

1. When a child is removed from his home pursuant to an ex parte order, a hearing will be held the next business day or not later than seventy-two (72) hours after the child is placed in shelter care (ORC 2151.314).

2. When a private agency files a request for permanent custody based upon a permanent surrender, a hearing will be held within thirty (30) days of the filing of the complaint.

3. The adjudicatory hearing will be held within thirty (30) days of the filing of the complaint.

4. Disposition hearings shall be held within ninety (90) days of the filing of the complaint.

18.1 The powers and duties of Magistrates shall be defined in Rule 40, Ohio Rules of Juvenile Procedure (as amended July 1, 2001) ; Rule 53, Ohio Rules of Civil Procedure (as amended July 1, 1998) ; and Rule 19, Ohio Rules of Criminal Procedure, as amended July 1, 2000.

18.2 Magistrate Pre-Trial Orders A Magistrate may enter orders effective without judicial approval in pre-trial proceedings. Any person may appeal to the Court from an interlocutory order by filing a Motion to Set the Order Aside, stating the party�s objection with particularity. The pendency of a Motion to Set Aside does not stay the effectiveness of the Magistrate�s order unless the Magistrate or the Judge grants a stay.

18.3 Magistrate Decisions A Magistrate is not required to prepare any report other than the Magistrate�s Decision. After conducting the proceedings necessary for decision of referred matters, the Magistrate shall prepare, sign, and file a Magistrate Decision with the clerk. If any party requests findings of fact and conclusions of law, the Magistrate Decision shall include findings and conclusions. If an attorney of record requests findings of fact and conclusions of law, he or she shall, if requested, present proposed findings and conclusions to the Magistrate within seven (7) days of the request. Failure to present proposed findings and conclusions within seven (7) days of the request will be deemed withdrawal of the request.

18.4 Court�s Action on Magistrate Decisions The Magistrate Decision shall be effective when adopted by the court as noted in the Journal record.

18.5 Objections to Magistrate Decisions Within fourteen (14) days of the filing of a Magistrate Decision, a party may file written objections to the decision. The objection shall be specific and state with particularity the grounds for objection.

The Court shall adopt and cause to be published, an Interim Parenting Schedule, a Parenting Plan and Companionship Schedule and a Long Distance Parenting Plan and Companionship Schedule. Copies of each schedule shall be made available through the office of the Clerk of the Juvenile Court.

Liberal parenting time is encouraged since contact with both parents is important to a child(ren)�s well-being. The schedules are guidelines for parenting time and it is the responsibility of the parties to adjust the schedule to meet the best interest of their child(ren). The Court, or the parties, may deviate from the schedule if it is in the best interest of the child(ren).

Pursuant to Ohio Traffic Rule 13.1, it is hereby created the Lucas County Juvenile Traffic Violations Bureau, as part of the Juvenile Court Clerk�s office. 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:

A) The child must appear with his/her parent, guardian or custodian, at the Juvenile Traffic Violations Bureau, Clerk�s Office, Lucas County Juvenile Court, 1801 Spielbusch, Toledo, Ohio, 43624, during the regular hours of the Court.

B) The child must enter an admission in writing to the offense charged by signing the appropriate Admission and Waiver form available at the Violations Bureau. The Admission form must also be signed as approved by the parent, guardian or custodian.

C) The child or his/her parent, guardian or custodian MUST pay the scheduled fine and court costs in the case. Should the child or his/her parent, guardian or custodian not tender, in full, the fine and court costs imposed at the time of the entry of admission, then the Bureau shall NOT accept the admission and court appearance shall be required.

A) Any violation which involves an accident may not be processed through the Traffic Violations Bureau, and a mandatory court appearances is required.

B) A second traffic violation of any kind which occurs prior to the age of eighteen (18) years may not be processed through the Traffic Violations Bureau, and a court appearance is required. If more than one moving traffic violation is charged arising from a single incident or series of incidents, none of those violations may be processed through the Traffic Violations Bureau, and a court appearance is required.

C) The following offenses require formal court appearance and may not be processed through the Juvenile Traffic Violations Bureau, although otherwise permitted by these Rules:

6. Failure to stop and remain standing upon meeting or overtaking a school bus stopped on the highway for the purpose of receiving or discharging a school child.

13. Operating a motor vehicle under temporary instruction permit unaccompanied by a licensed operator

These rules shall be known as the Rules of the Court of Common Pleas, Juvenile Division, of Lucas County, Ohio, and may be cited as Lucas County Juvenile Court Rules or L.C.J.C. Rules.