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Unruly Proceedings

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Unruly Proceedings

In Ohio, a court may determine that a minor is an “unruly child” if that child: (1) is habitually truant from school; (2) acts in a way that injures or endangers the minor’s, or another’s, health or morals; (3) is persistently disobedient (i.e. runs away); (4) violates a law that applies only to minors (such as a curfew); (5) attempts to marry without proper consent; or (6) associates with vagrant, vicious, criminal, notorious, or immoral persons.

Section 2151.022 of the Ohio Revised Code states the following:

“As used in this chapter, “unruly child” includes any of the following:

  1. Any child who does not submit to the reasonable control of the child’s parents, teachers, guardian, or custodian, by reason of being wayward or habitually disobedient;
  2. Any child who is an habitual truant from school and who previously has not been adjudicated an unruly child for being an habitual truant;
  3. Any child who behaves in a manner as to injure or endanger the child’s own health or morals or the health or morals of others;”

It is a Judge in the Juvenile Division of your county’s Common Pleas Court system that will hear a minor’s case and determine whether a child is unruly or not.  Once a Court determines that a child is unruly, it can deal with that child in a number of ways.  The Court can treat an unruly child in the same manner that neglected, dependent, abused or even delinquent children are handled.  Those options include placing the child with his or her parents under conditions designed to insure proper care, supervision, and behavior.  The child might also be placed in the temporary or permanent custody of a children services agency or approved private agency.  A child can be locked up at the county juvenile detention center.  Finally, a child can be placed on probation with conditions that are established by the Court.  On top of all of those options, the Court can even revoke or suspend the minor’s operator’s license and the registration of any vehicles registered in that child’s name.

If the Court determines that its original sentencing was not effective because the child was not open to treatment or rehabilitation, the Court may then turn to those sentences available for handling delinquents, such as sentencing a minor to a longer period of incarceration.  If the offense would have been a drug abuse offense, or disorderly conduct while intoxicated (if it had been committed by an adult), the Court can require the minor to participate in a drug or alcohol abuse counseling program and suspend or revoke the child’s operator’s license until the child is 18, or until he/she successfully completes an approved drug or alcohol abuse treatment program.

At Holzfaster, Cecil, McKnight & Mues, we have been helping parents protect the long-term interests of their children for over 70 years.  Our lawyers understand that sometimes children go through phases or act out in response to their problems and that sometimes get off track. We will help you locate and secure the help your child needs to get back on track…permanently.

If you have this type of situation with your child and need legal help, please contact Holzfaster, Cecil, McKnight & Mues at (937) 293-2141 to schedule an appointment. Or, if you would prefer, you can use our form below to contact us online.  In addition, we have an emergency phone number, (937) 760-4357, which we answer around-the-clock.  We’ll use our many years of experience dealing with prosecutors, caseworkers, social workers, and guardians to help you and your child reach the best positive and lasting outcome possible!

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