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When It Is A Child

ORC 2152 — a different court, a different vocabulary, one door out of it

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The school section on this site ends by saying the juvenile system is a separate court with its own rules and its own vocabulary, and that nothing on that page describes it. This is that page. Almost every word is different, and the differences are not cosmetic.

Adult courtJuvenile courtWhy it matters
DefendantChild, alleged to be a delinquent childThe proceeding is about the child rather than about an offence alone
ConvictionAdjudicationAn adjudication is not a criminal conviction, and questions that ask about convictions are asking something else
SentenceDispositionThe list of what a court may order is its own statute and looks nothing like a sentencing range
Guilty pleaAdmissionSame function, different word, and the paperwork uses the juvenile one
The right to a lawyer is wider here than it is for an adult. In adult court, appointed counsel is tied to whether imprisonment is actually imposed. In juvenile court the statute gives a child a right to representation at all stages of the proceedings, and Ohio courts have read it as attaching regardless of whether confinement is on the table. The parents, custodian, or a person standing in the place of a parent have the same entitlement, and where a party appears without counsel the court is required to find out whether they know they have the right.

The right attaches on the filing of a complaint in juvenile court, or on the initial appearance there. That is earlier than people expect, and it is the reason the first hearing is not a formality.

The other thing that makes this court different is that a case can leave it. Transfer, which everyone calls bindover, moves a child out of juvenile court and into adult criminal court, and once that happens none of the vocabulary above applies any more.

Kind of transferWhen a child is eligibleWhat the court does
MandatoryA category one offence at sixteen or olderTransfer as the transfer section provides
MandatoryFourteen or fifteen, probable cause for a category one offence, and a prior adjudication for a category one or two offenceSame
DiscretionaryFourteen or older, charged with an act that would be a felony if an adult did it, and not subject to mandatory transferFollows the transfer section, which includes an amenability hearing
Amenability is the whole of a discretionary bindover, and it is a hearing about the child. Where transfer is discretionary rather than mandatory, the question is not only what was allegedly done. It is whether the child is amenable to care or rehabilitation within the juvenile system. That is a hearing with evidence about a particular child, which is exactly the hearing a mandatory transfer does not get.
  • Age at the time of the act charged is what the transfer sections run on, not age at the hearing.
  • Category one and category two are defined terms, and which list an offence sits on decides which door the case is standing at.
  • The dispositions a juvenile court may order are set out in their own section and include things an adult sentencing range has no equivalent of.

Juvenile records, and whether and when they can be sealed or expunged, run on their own sections and are not the adult sealing rules that this site covers elsewhere. Anyone told that a juvenile record simply disappears at eighteen is being told something the statute does not say.

Sources for this section (8)
  1. ORC 2152.02Definitions, including delinquent child
  2. ORC 2151.352Right to counsel in juvenile court
  3. ORC 2152.19Orders of disposition
  4. Argersinger v. Hamlin, 407 U.S. 25 (1972)No jail sentence without counsel, misdemeanours included
  5. Gideon v. Wainwright, 372 U.S. 335 (1963)A state must provide counsel to a defendant who cannot afford one
  6. ORC 2152.10Children eligible for mandatory or discretionary transfer
  7. ORC 2152.12Transfer of a case to adult court, and the amenability hearing
  8. ORC 2953.32Sealing or expungement of a conviction, eligibility and waiting periods

Legal information, not legal advice. Verified as of September 2026. Talk to a licensed Ohio attorney about your situation.

Words in this section

Terms with a legal meaning that is narrower than the everyday one. Each links to the definition and the authority behind it.

Nearest pages

Sections that share statutes or vocabulary with this one. Most questions turn out to sit across two of them.