reglab/statecodes huggingface dataset:
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2135 | Declaration for Mental Health Treatment › Section 2135.06 | Execution of Declaration.

Effective:
October 29, 2003
Latest Legislation:
House Bill NO72 - 125th General Assembly
(A) A declaration for mental health treatment is valid only if it is signed by the declarant, states the date of its execution, and is either witnessed by two adults or acknowledged before a notary public.
If a proxy, or a proxy and an alternate proxy, have been designated in the declaration, then each proxy also shall sign the declaration, and the signature of each proxy shall be either witnessed by two adults or acknowledged before a notary public, except that, notwithstanding these requirements, both of the following apply:
(1) No declaration shall be invalid or be held invalid because a proxy has not signed the declaration.
(2) If a proxy has not signed the declaration, or if the signature of a proxy named in a valid declaration is not either witnessed by two adults or acknowledged before a notary public, then the designation of the proxy is invalid, but the declaration is not invalid because of the absence of a witnessed or acknowledged signature of a proxy.
(B) If witnessed for purposes of this section, a declaration shall be witnessed by two individuals as described in this division in whose presence the declarant and each designated proxy signs the declaration. Each witness shall subscribe the witness' signature after the signature of the declarant and, by doing so, attest to the witness' belief that the declarant appears to be of sound mind and not under or subject to duress, fraud, or undue influence. The signatures of the declarant and any proxy under this section and of the witnesses under this division are not required to appear on the same page of the declaration.
(C) If acknowledged for purposes of this section, a declaration shall be acknowledged before a notary public, who shall make the certification described in section 147.53 of the Revised Code and also shall attest that the declarant and each designated proxy appear to be of sound mind and not under or subject to duress, fraud, or undue influence.
(D) The following may not serve as a witness to the signing of a declarant's declaration:
(1) The declarant's mental health treatment provider or a relative or employee of the declarant's mental health treatment provider;
(2) The owner, the operator, or a relative or employee of an owner or operator of a health care facility in which the declarant is a patient receiving its services or a resident;
(3) A person related to the declarant by blood, marriage, or adoption;
(4) A person named as a proxy in the declarant's declaration.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2135 | Declaration for Mental Health Treatment › Section 2135.07 | Treatment Provider Unwilling to Comply With Declaration.

Effective:
October 29, 2003
Latest Legislation:
House Bill NO72 - 125th General Assembly
(A) If a mental health treatment provider of a declarant or a health care facility providing services to a declarant is unwilling at any time to comply with the declarant's declaration, the mental health treatment provider or health care facility promptly shall notify the declarant and any proxy and document the notification in the declarant's medical record. The mental health treatment provider or health care facility that is unwilling to comply with the declarant's declaration shall not prevent or attempt to prevent, or unreasonably delay or attempt to unreasonably delay, the transfer of the declarant to the care of a mental health treatment provider or a health care facility that is willing and able to comply or allow compliance with the declarant's declaration.
(B) The mental health treatment provider of a declarant or a health care facility providing services to a declarant may subject the declarant to treatment in a manner contrary to the declarant's expressed wishes only if either of the following applies:
(1) The declarant has been committed as a patient under Chapter 2945. or 5122. of the Revised Code, and, if the court knows of the declaration, the committing court acknowledges the existence of the declaration and specifically orders treatment in a manner contrary to the declaration.
(2) An emergency situation endangers the life or health of the declarant or others.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2135 | Declaration for Mental Health Treatment › Section 2135.08 | Liability and Duty of Proxy.

Effective:
October 29, 2003
Latest Legislation:
House Bill NO72 - 125th General Assembly
(A) The proxy under a declaration is not, as a result of acting in that capacity, personally liable for the cost of treatment provided to the declarant. Except to the extent the right is limited by the declaration or any federal law, a proxy has the same right as the declarant to receive information regarding the proposed mental health treatment of the declarant and to receive, review, and consent to disclosure of the declarant's medical records relating to that treatment. This right of access does not waive any evidentiary privilege.
(B) In exercising authority under a declaration, the proxy has a duty to act consistently with the desires of the declarant as expressed in the declaration. If the declarant's desires are not expressed in the declaration, the proxy has a duty to act in what the proxy in good faith believes to be the best interests of the declarant.
(C) A proxy is not subject to criminal prosecution, tort or other civil liability for injury, death, or loss to person or property, or professional disciplinary action for an action taken in good faith under a declaration for mental health treatment.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2135 | Declaration for Mental Health Treatment › Section 2135.09 | Revoking Declaration.

Effective:
October 29, 2003
Latest Legislation:
House Bill NO72 - 125th General Assembly
(A) A declarant may revoke a declaration at any time the declarant has the capacity to consent to mental health treatment decisions. Any revocation of a declaration by a declarant shall be in writing, signed by the declarant, and dated. The revocation shall be effective upon its communication to the mental health treatment provider of the declarant or the health care facility providing services to the declarant. If the declaration is operative, then the declarant may revoke the declaration after a designated physician or a psychiatrist, and one other mental health treatment provider, who examine the declarant determine that the declarant has the capacity to consent to mental health treatment decisions.
(B) Upon the declarant's revocation of a declaration, the mental health treatment provider or the health care facility shall make the revocation a part of the declarant's medical record.
(C) A valid declaration for mental health treatment revokes a prior, valid declaration for mental health treatment.
(D) The probate judge of the county in which the declarant is located may revoke a declaration if the judge appoints a guardian for the declarant and specifically orders the revocation of the declaration.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2135 | Declaration for Mental Health Treatment › Section 2135.10 | Liability of Mental Health Treatment Provider.

Effective:
October 29, 2003
Latest Legislation:
House Bill NO72 - 125th General Assembly
A mental health treatment provider of a declarant, a health care facility providing services to a declarant, or other authorized persons acting under the direction of either a mental health treatment provider of a declarant or a health care facility providing services to a declarant who administer or do not administer mental health treatment according to and in good faith reliance upon the validity of the declarant's declaration are not subject to criminal prosecution, are not liable in tort or other civil damages for injury, death, or loss to person or property, and are not subject to professional disciplinary action resulting from a subsequent finding of a declaration's invalidity.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2135 | Declaration for Mental Health Treatment › Section 2135.11 | No Requirement to Execute Declaration.

Effective:
October 29, 2003
Latest Legislation:
House Bill NO72 - 125th General Assembly
No person shall require an individual to execute or to refrain from executing a declaration as a criterion for insurance, as a condition for receiving mental health treatment or health care, or as a condition of admission to or discharge from a health care facility.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2135 | Declaration for Mental Health Treatment › Section 2135.12 | Declaration Does Note Supersede Other Advanced Health Directives.

Effective:
October 29, 2003
Latest Legislation:
House Bill NO72 - 125th General Assembly
(A) A declaration executed in accordance with this chapter shall not supersede a valid declaration governing the use or continuation, or the withholding or withdrawal, of life-sustaining treatment executed under Chapter 2133. of the Revised Code.
(B) A declaration executed in accordance with this chapter does not revoke a valid durable power of attorney for health care created under Chapter 1337. of the Revised Code, but a declaration so executed shall supersede the designation of an attorney in fact made in a valid health care power of attorney under Chapter 1337. of the Revised Code with respect to the mental health treatment of the declarant. The designation of an attorney in fact in a valid health care power of attorney under Chapter 1337. of the Revised Code shall remain effective in all other respects.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2135 | Declaration for Mental Health Treatment › Section 2135.13 | Application Opposing Decisions.

Effective:
October 29, 2003
Latest Legislation:
House Bill NO72 - 125th General Assembly
(A) A person who opposes any decision arising under this chapter may make an application opposing the decision to the probate division of the court of common pleas of the county in which the declarant is located or in which the declaration was either witnessed or acknowledged as described in this chapter.
(B) If a declarant has not named any proxies in the declaration, or if all the named proxies have withdrawn or are unable or unwilling to act at a time when the declaration has become operative, then the physician who has the primary responsibility for treating the declarant may petition the probate division of the court of common pleas of the county in which the declarant is located to appoint a person to act as a proxy. If the judge of the probate division of the court of common pleas finds it to be in the best interest of the declarant, then the court shall appoint a person to serve as a proxy for the declarant while the declaration is effective. The person so appointed shall be a person who is eligible to serve as a proxy as determined under section 2135.05 of the Revised Code.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2135 | Declaration for Mental Health Treatment › Section 2135.14 | Printed Form of Declaration.

Effective:
October 29, 2003
Latest Legislation:
House Bill NO72 - 125th General Assembly
A printed form of a declaration may be sold or otherwise distributed in this state for use by adults who are not advised by an attorney. By use of a printed form of that nature, a declarant may consent or refuse to consent to mental health treatment and may designate a proxy to make mental health treatment decisions in accordance with this chapter. The printed form shall not be used as an instrument for granting any other type of authority or for making any other type of designation, including those declarations that may be made under Chapter 2133. of the Revised Code or designations made under Chapter 1337. of the Revised Code.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2137 | Uniform Fiduciary Access to Digital Assets Act › Section 2137.02 | Applicability.

Effective:
April 6, 2017
Latest Legislation:
House Bill 432 - 131st General Assembly
(A) This chapter applies to all of the following:
(1) An agent acting under a power of attorney executed before, on, or after the effective date of this section ;
(2) A personal representative acting for a decedent who died before, on, or after the effective date of this section ;
(3) A guardianship proceeding commenced before, on, or after the effective date of this section ;
(4) A trustee acting under a trust created before, on, or after the effective date of this section ;
(5) A custodian, if the user resides in this state or resided in this state at the time of the user's death.
(B) This chapter does not apply to a digital asset of an employer used by an employee in the ordinary course of the employer's business.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2137 | Uniform Fiduciary Access to Digital Assets Act › Section 2137.03 | User Direction for Disclosure of Digital Assets.

Effective:
April 6, 2017
Latest Legislation:
House Bill 432 - 131st General Assembly
(A) A user may use an online tool to direct the custodian to disclose or not to disclose to a designated recipient some or all of the user's digital assets, including the content of electronic communications. If the online tool allows the user to modify or delete a direction at all times, a direction regarding disclosure using an online tool overrides a contrary direction by the user in a will, trust, power of attorney, or other record.
(B) If a user has not used an online tool to give direction under division (A) of this section, or if the custodian has not provided an online tool, the user may allow or prohibit in a will, trust, power of attorney, or other record, disclosure to a fiduciary of some or all of the user's digital assets, including the content of electronic communications sent or received by the user.
(C) A user's direction under division (A) or (B) of this s ection overrides a contrary provision in a terms-of-service agreement that does not require the user to act affirmatively and distinctly from the user's assent to the terms of service.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2137 | Uniform Fiduciary Access to Digital Assets Act › Section 2137.04 | Terms-of-Service Agreement.

Effective:
April 6, 2017
Latest Legislation:
House Bill 432 - 131st General Assembly
(A) This chapter does not change or impair a right of a custodian or a user under a terms-of-service agreement to access and use digital assets of the user.
(B) This chapter does not give a fiduciary or designated recipient any new or expanded rights other than those held by the user for whom, or for whose estate, the fiduciary or designated recipient acts or represents.
(C) A fiduciary's access to digital assets may be modified or eliminated by a user, by federal law, or by a terms-of- service agreement if the user has not provided direction under section 2137.03 of the Revised Code.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2137 | Uniform Fiduciary Access to Digital Assets Act › Section 2137.05 | Procedure of Disclosing Digital Assets.

Effective:
April 6, 2017
Latest Legislation:
House Bill 432 - 131st General Assembly
(A) When disclosing digital assets of a user under this chapter, the custodian may, at its sole discretion, do any of the following:
(1) Grant a fiduciary or designated recipient full access to the user's account;
(2) Grant a fiduciary or designated recipient partial access to the user's account sufficient to perform the tasks with which the fiduciary or designated recipient is charged;
(3) Provide a fiduciary or designated recipient a copy in a record of any digital asset that, on the date the custodian received the request for disclosure, the user could have accessed if the user were alive and had full capacity and access to the account.
(B) A custodian may assess a reasonable administrative charge for the cost of disclosing digital assets under this chapter.
(C) A custodian is not required to disclose under this chapter a digital asset deleted by a user.
(D) If a user directs or a fiduciary requests a custodian to disclose under this chapter some, but not all, of the users digital assets, the custodian is not required to disclose the assets if segregation of the assets would impose an undue burden on the custodian. If the custodian believes the direction or request imposes an undue burden, the custodian or fiduciary may seek an order from the court to disclose any of the following:
(1) A subset limited by date of the user's digital assets;
(2) All of the user's digital assets to the fiduciary or designated recipient;
(3) None of the user's digital assets;
(4) All of the user's digital assets to the court for review in camera.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2137 | Uniform Fiduciary Access to Digital Assets Act › Section 2137.06 | Disclosure of Content of Electronic Communications of Deceased User.

Effective:
April 6, 2017
Latest Legislation:
House Bill 432 - 131st General Assembly
If a deceased user consented to or a court directs disclosure of the contents of electronic communications of the user, the custodian shall disclose to the personal representative of the estate of the user the content of an electronic communication sent or received by the user if the personal representative gives the custodian all of the following:
(A) A written request for disclosure in physical or electronic form;
(B) A copy of the death certificate of the user;
( C) A copy of the letter of appointment of the personal representative, the entry appointing a commissioner under division (E) of section 2113.03 of the Revised Code, or the entry granting summary release from administration under division (E) of section 2113.031 of the Revised Code;
(D) Unless the user provided direction using an online tool, a copy of the user's will, trust, power of attorney, or other record evidencing the user's consent to disclosure of the content of electronic communications;
(E) If requested by the custodian, any of the following:
(1) A number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the user's account;
(2) Evidence linking the account to the user;
(3) A finding by the court that one of the following applies:
(a) The user had a specific account with the custodian, identifiable by the information specified in division (E)(1) of this section.
(b) Disclosure of the content of electronic communications of the user would not violate 18 U.S.C. 2701 et seq., as amended, 47 U.S.C. 222, as amended, or other applicable law.
(c) Unless the user provided direction using an online tool, the user consented to disclosure of the content of electronic communications.
(d) Disclosure of the content of electronic communications of the user is reasonably necessary for administration of the estate.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2137 | Uniform Fiduciary Access to Digital Assets Act › Section 2137.07 | Disclosure of Other Digital Assets of Deceased User.

Effective:
April 6, 2017
Latest Legislation:
House Bill 432 - 131st General Assembly
Unless the user prohibited disclosure of digital assets or the court directs otherwise, a custodian shall disclose to the personal representative of the estate of a deceased user a catalogue of electronic communications sent or received by the user and digital assets, other than the content of electronic communications, of the user, if the personal representative gives the custodian all of the following:
(A) A written request for disclosure in physical or electronic form;
(B) A copy of the death certificate of the user;
(C) A copy of the letter of appointment of the personal representative, the entry appointing a commissioner under division (E) of section 2113.03 of the Revised Code, or the entry granting summary release from administration under division (E) of section 2113.031 of the Revised Code;
(D) If requested by the custodian, any of the following:
(1) A number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the user's account;
(2) Evidence linking the account to the user;
(3) An affidavit stating that disclosure of the user's digital assets is reasonably necessary for administration of the estate;
(4) A finding by the court that either of the following applies:
(a) The user had a specific account with the custodian, identifiable by the information specified in division (D)(1) of this section.
(b) Disclosure of the user's digital assets is reasonably necessary for administration of the estate.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2137 | Uniform Fiduciary Access to Digital Assets Act › Section 2137.08 | Disclosure of Content of Electronic Communications of Principal.

Effective:
April 6, 2017
Latest Legislation:
House Bill 432 - 131st General Assembly
To the extent a power of attorney expressly grants an agent authority over the content of electronic communications sent or received by the principal and unless directed otherwise by the principal or the court, a custodian shall disclose to the agent the content if the agent gives the custodian all of the following:
(A) A written request for disclosure in physical or electronic form;
(B) A copy of the power of attorney expressly granting the agent authority over the content of electronic communications of the principal;
(C) A certification by the agent, under penalty of perjury, that the power of attorney is in effect;
(D) If requested by the custodian, either of the following:
(1) A number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the principal's account;
(2) Evidence linking the account to the principal.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2137 | Uniform Fiduciary Access to Digital Assets Act › Section 2137.09 | Disclosure of Other Digital Assets of Principal.

Effective:
April 6, 2017
Latest Legislation:
House Bill 432 - 131st General Assembly
Unless otherwise ordered by the court, directed by the principal, or provided by a power of attorney, a custodian shall disclose to an agent with specific authority over digital assets or general authority to act on behalf of a principal a catalogue of electronic communications sent or received by the principal and digital assets, other than the content of electronic communications, of the principal, if the a gent gives the custodian all of the following:
(A) A written request for disclosure in physical or electronic form;
(B) A copy of the power of attorney that gives the agent specific authority over digital assets or general authority to act on behalf of the principal;
(C) A certification by the agent, under penalty of perjury, that the power of attorney is in effect;
(D) If requested by the custodian, either of the following:
(1) A number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the principal's account;
(2) Evidence linking the account to the principal.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2137 | Uniform Fiduciary Access to Digital Assets Act › Section 2137.10 | Disclosure of Digital Assets Held in Trust When Trustee Is Original User.

Effective:
April 6, 2017
Latest Legislation:
House Bill 432 - 131st General Assembly
Unless otherwise ordered by the court or provided in a trust, a custodian shall disclose to a trustee that is an original user of an account any digital asset of the account held in trust, including a catalogue of electronic communications of the trustee and the content of electronic communications.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2137 | Uniform Fiduciary Access to Digital Assets Act › Section 2137.11 | Disclosure of Contents of Electronic Communications Held in Trust When Trustee Not Original User.

Effective:
April 6, 2017
Latest Legislation:
House Bill 432 - 131st General Assembly
Unless otherwise ordered by the court, directed by the user, or provided in a trust, a custodian shall disclose to a trustee that is not an original user of an account the content of an electronic communication sent or received by an original or successor user and carried, maintained, processed, received, or stored by the custodian in the account of the trust, if the trustee gives the custodian all of the following:
(A) A written request for disclosure in physical or electronic form;
(B) Either a copy of the trust instrument that includes consent to disclosure of the content of electronic communications to the trustee and a certification by the trustee, under penalty of perjury, that the trust exists and the trustee is a currently acting trustee of the trust or a certification of the trust under section 5810.13 of the Revised Code that includes a statement that the trust authorizes disclosure of the content of electronic communications to the trustee;
(C) If requested by the custodian, either of the following:
(1) A number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the trust's account;
(2) Evidence linking the account to the trust.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2137 | Uniform Fiduciary Access to Digital Assets Act › Section 2137.12 | Disclosure of Other Digital Assets Held in Trust When Trustee Not Original User.

Effective:
April 6, 2017
Latest Legislation:
House Bill 432 - 131st General Assembly
Unless otherwise ordered by the court, directed by the user, or provided in a trust, a custodian shall disclose to a trustee that is not an original user of an account a catalogue of electronic communications sent or received by an original or successor user and stored, carried, or maintained by the custodian in an account of the trust and any digital assets, other than the content of electronic communications, in which the trust has a right or interest, if the trustee gives the custodian all of the following:
(A) A written request for disclosure in physical or electronic form;
(B) Either a copy of the trust instrument and a c ertification by the trustee, under penalty of perjury, that the trust exists and the trustee is a currently acting trustee of the trust or a certification of the trust under section 5810.13 of the Revised Code;
(C) If requested by the custodian, either of the following:
(1) A number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the trust's account;
(2) Evidence linking the account to the trust.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2137 | Uniform Fiduciary Access to Digital Assets Act › Section 2137.13 | Disclosure of Digital Assets to Guardian of Ward.

Effective:
April 6, 2017
Latest Legislation:
House Bill 432 - 131st General Assembly
(A) After an opportunity for a hearing, the court may grant a guardian access to the digital assets of a ward.
(B) Unless otherwise ordered by the court or directed by the user, a custodian shall disclose to a guardian the catalogue of electronic communications sent or received by a ward and any digital assets, other than the content of electronic communications, in which the ward has a right or interest, if the guardian gives the custodian all of the following:
(1) A written request for disclosure in physical or electronic form;
(2) A copy of the court order that gives the guardian authority over the digital assets of the ward;
(3) If requested by the custodian, either of the following:
(a) A number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the account of the ward;
(b) Evidence linking the account to the ward.
(C) A guardian of the ward may request a custodian of the digital assets of the ward to suspend or terminate an account of the ward for good cause. A request made under this section shall be accompanied by a copy of the court order giving the guardian authority over the ward.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2137 | Uniform Fiduciary Access to Digital Assets Act › Section 2137.15 | Custodian Compliance and Immunity.

Effective:
April 6, 2017
Latest Legislation:
House Bill 432 - 131st General Assembly
(A) Not later than sixty days after receipt of the information required under sections 2137.06 to 2137.13 of the Revised Code, a custodian shall comply with a request under this chapter from a fiduciary or designated recipient to disclose digital assets or terminate an account. If the custodian fails to comply, the fiduciary or designated recipient may apply to the court for an order directing compliance.
(B) An order under division (A) of this section directing compliance shall contain a finding that compliance is not in v iolation of 18 U.S.C. 2702, as amended.
(C) A custodian may notify the user that a request for disclosure or to terminate an account was made under this chapter.
(D) A custodian may deny a request under this chapter from a fiduciary or designated recipient for disclosure of digital assets or to terminate an account if the custodian is aware of any lawful access to the account following the receipt of the fiduciary's request.
(E) Nothing in this chapter limits a custodian's ability to obtain, or to require a guardian, agent, or designated recipient requesting disclosure or termination under this chapter to obtain, a court order that does all of the following:
(1) Specifies that an account belongs to the ward or principal;
(2) Specifies that there is sufficient consent from the ward or principal to support the requested disclosure; and
(3) Contains a finding required by law other than this chapter.
(F) A custodian and its officers, employees, and agents are immune from liability for an act or omission done in good faith in compliance with this chapter.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2137 | Uniform Fiduciary Access to Digital Assets Act › Section 2137.16 | Uniformity of Application and Construction.

Effective:
April 6, 2017
Latest Legislation:
House Bill 432 - 131st General Assembly
In applying and construing this chapter, consideration shall be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2137 | Uniform Fiduciary Access to Digital Assets Act › Section 2137.17 | Relation to Electronic Signatures in Global and National Commerce Act.

Effective:
April 6, 2017
Latest Legislation:
House Bill 432 - 131st General Assembly
This chapter modifies, limits, or supersedes the "Electronic Signatures in Global and National Commerce Act," 1 5 U.S.C. 7001 et seq., but does not modify, limit, or supersede 15 U.S.C. 7001(c) or authorize electronic delivery of any of the notices described in 15 U.S.C. 7003(b).
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2137 | Uniform Fiduciary Access to Digital Assets Act › Section 2137.18 | Severability.

Effective:
April 6, 2017
Latest Legislation:
House Bill 432 - 131st General Assembly
If any provision of this chapter or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this chapter that can be given effect without the invalid provision or application, and to this end the provisions of this chapter are severable.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2151 | Juvenile Court › Section 2151.01 | Liberal Interpretation and Construction.

Effective:
January 1, 2002
Latest Legislation:
Senate Bill 179 - 123rd General Assembly
The sections in Chapter 2151. of the Revised Code, with the exception of those sections providing for the criminal prosecution of adults, shall be liberally interpreted and construed so as to effectuate the following purposes:
(A) To provide for the care, protection, and mental and physical development of children subject to Chapter 2151. of the Revised Code, whenever possible, in a family environment, separating the child from the child's parents only when necessary for the child's welfare or in the interests of public safety;
(B) To provide judicial procedures through which Chapters 2151. and 2152. of the Revised Code are executed and enforced, and in which the parties are assured of a fair hearing, and their constitutional and other legal rights are recognized and enforced.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2151 | Juvenile Court › Section 2151.022 | Unruly Child Defined.

Effective:
April 6, 2017
Latest Legislation:
House Bill 410 - 131st General Assembly
As used in this chapter, "unruly child" includes any of the following:
(A) 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;
(B) Any child who is an habitual truant from school;
(C) 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;
(D) Any child who violates a law, other than division (C) of section 2907.39, division (A) of section 2923.211, division (C)(1) or (D) of section 2925.55, or section 2151.87 of the Revised Code, that is applicable only to a child.
The Legislative Service Commission presents the text of this section as a composite of the section as amended by multiple acts of the General Assembly. This presentation recognizes the principle stated in R.C. 1.52(B) that amendments are to be harmonized if reasonably capable of simultaneous operation.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2151 | Juvenile Court › Section 2151.03 | Neglected Child Defined - Failure to Provide Medical or Surgical Care for Religious Reasons.

Effective:
August 3, 2006
Latest Legislation:
Senate Bill 17 - 126th General Assembly
(A) As used in this chapter, "neglected child" includes any child:
(1) Who is abandoned by the child's parents, guardian, or custodian;
(2) Who lacks adequate parental care because of the faults or habits of the child's parents, guardian, or custodian;
(3) Whose parents, guardian, or custodian neglects the child or refuses to provide proper or necessary subsistence, education, medical or surgical care or treatment, or other care necessary for the child's health, morals, or well being;
(4) Whose parents, guardian, or custodian neglects the child or refuses to provide the special care made necessary by the child's mental condition;
(5) Whose parents, legal guardian, or custodian have placed or attempted to place the child in violation of sections 5103.16 and 5103.17 of the Revised Code;
(6) Who, because of the omission of the child's parents, guardian, or custodian, suffers physical or mental injury that harms or threatens to harm the child's health or welfare;
(7) Who is subjected to out-of-home care child neglect.
(B) Nothing in this chapter shall be construed as subjecting a parent, guardian, or custodian of a child to criminal liability when, solely in the practice of religious beliefs, the parent, guardian, or custodian fails to provide adequate medical or surgical care or treatment for the child. This division does not abrogate or limit any person's responsibility under section 2151.421 of the Revised Code to report child abuse that is known or reasonably suspected or believed to have occurred, child neglect that is known or reasonably suspected or believed to have occurred, and children who are known to face or are reasonably suspected or believed to be facing a threat of suffering abuse or neglect and does not preclude any exercise of the authority of the state, any political subdivision, or any court to ensure that medical or surgical care or treatment is provided to a child when the child's health requires the provision of medical or surgical care or treatment.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2151 | Juvenile Court › Section 2151.031 | Abused Child Defined.

Effective:
October 3, 2023
Latest Legislation:
House Bill 33 - 135th General Assembly
As used in this chapter, an "abused child" includes any child who:
(A) Is the victim of "sexual activity" as defined under Chapter 2907. of the Revised Code, where such activity would constitute an offense under that chapter, except that the court need not find that any person has been convicted of the offense in order to find that the child is an abused child;
(B) Is the victim of disseminating, obtaining, or displaying "materials" or "performances" that are "harmful to juveniles" as defined under Chapter 2907. of the Revised Code, where such activity would constitute an offense under that chapter, except that the court need not find that any person has been convicted of the offense in order to find that the child is an abused child;
(C) Is endangered as defined in section 2919.22 of the Revised Code, except that the court need not find that any person has been convicted under that section in order to find that the child is an abused child;
(D) Exhibits evidence of any physical or mental injury or death, inflicted other than by accidental means, or an injury or death which is at variance with the history given of it. Except as provided in division (E) of this section, a child exhibiting evidence of corporal punishment or other physical disciplinary measure by a parent, guardian, custodian, caretaker, person having custody or control, or person in loco parentis of a child is not an abused child under this division if the measure is not prohibited under section 2919.22 of the Revised Code.
(E) Because of the acts of the child's parents, guardian, custodian, or caretaker, suffers physical or mental injury that harms or threatens to harm the child's health or welfare.
(F) Is subjected to out-of-home care child abuse.
Last updated September 20, 2023 at 2:05 PM
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2151 | Juvenile Court › Section 2151.04 | Dependent Child Defined.

Effective:
August 8, 1996
Latest Legislation:
House Bill 274 - 121st General Assembly
As used in this chapter, "dependent child" means any child:
(A) Who is homeless or destitute or without adequate parental care, through no fault of the child's parents, guardian, or custodian;
(B) Who lacks adequate parental care by reason of the mental or physical condition of the child's parents, guardian, or custodian;
(C) Whose condition or environment is such as to warrant the state, in the interests of the child, in assuming the child's guardianship;
(D) To whom both of the following apply:
(1) The child is residing in a household in which a parent, guardian, custodian, or other member of the household committed an act that was the basis for an adjudication that a sibling of the child or any other child who resides in the household is an abused, neglected, or dependent child.
(2) Because of the circumstances surrounding the abuse, neglect, or dependency of the sibling or other child and the other conditions in the household of the child, the child is in danger of being abused or neglected by that parent, guardian, custodian, or member of the household.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2151 | Juvenile Court › Section 2151.05 | Child Without Proper Parental Care.

Effective:
November 28, 1975
Latest Legislation:
House Bill 85 - 111th General Assembly
Under sections 2151.01 to 2151.54 of the Revised Code, a child whose home is filthy and unsanitary; whose parents, stepparents, guardian, or custodian permit him to become dependent, neglected, abused, or delinquent; whose parents, stepparents, guardian, or custodian, when able, refuse or neglect to provide him with necessary care, support, medical attention, and educational facilities; or whose parents, stepparents, guardian, or custodian fail to subject such child to necessary discipline is without proper parental care or guardianship.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2151 | Juvenile Court › Section 2151.06 | Residence or Legal Settlement.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
Under sections 2151.01 to 2151.54, inclusive, of the Revised Code, a child has the same residence or legal settlement as his parents, legal guardian of his person, or his custodian who stands in the relation of loco parentis.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2151 | Juvenile Court › Section 2151.07 | Powers and Jurisdiction of Juvenile Court.

Effective:
January 9, 2021
Latest Legislation:
Senate Bill 312 - 133rd General Assembly
The juvenile court is a court of record within the court of common pleas. The juvenile court has and shall exercise the powers and jurisdiction conferred in Chapters 2151. and 2152. of the Revised Code.
Whenever the juvenile judge of the juvenile court is sick, is absent from the county, or is unable to attend court, or the volume of cases pending in court necessitates it, upon the request of the administrative juvenile judge, the presiding judge of the court of common pleas pursuant to division (GG) of section 2301.03 of the Revised Code shall assign a judge of any division of the court of common pleas of the county to act in the juvenile judge's place or in conjunction with the juvenile judge. If no judge of the court of common pleas is available for that purpose, the chief justice of the supreme court shall assign a judge of the court of common pleas, a juvenile judge, or a probate judge from a different county to act in the place of that juvenile judge or in conjunction with that juvenile judge. The assigned judge shall receive the compensation and expenses for so serving that is provided by law for judges assigned to hold court in courts of common pleas.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2151 | Juvenile Court › Section 2151.08 | Juvenile Court in Hamilton County.

Effective:
January 1, 2002
Latest Legislation:
Senate Bill 179 - 123rd General Assembly
In Hamilton county, the powers and jurisdiction of the juvenile court as conferred by Chapters 2151. and 2152. of the Revised Code shall be exercised by the judge of the court of common pleas whose term begins on January 1, 1957, and that judge's successors and by the judge of the court of common pleas whose term begins on February 14, 1967, and that judge's successors as provided by section 2301.03 of the Revised Code. This conferral of powers and jurisdiction on the specified judges shall be deemed a creation of a separately and independently created and established juvenile court in Hamilton county, Ohio. The specified judges shall serve in each and every position where the statutes permit or require a juvenile judge to serve.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2151 | Juvenile Court › Section 2151.09 | Separate Building and Site May Be Purchased or Leased.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
Upon the advice and recommendation of the juvenile judge, the board of county commissioners may provide by purchase, lease, or otherwise a separate building and site to be known as "the juvenile court" at a convenient location within the county which shall be appropriately constructed, arranged, furnished, and maintained for the convenient and efficient transaction of the business of the court and all parts thereof and its employees, including adequate facilities to be used as laboratories, dispensaries, or clinics for the use of scientific specialists connected with the court.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2151 | Juvenile Court › Section 2151.10 | County Appropriations for Expenses of Court.

Effective:
January 1, 2002
Latest Legislation:
Senate Bill 179 - 123rd General Assembly
The juvenile judge shall annually submit a written request for an appropriation to the board of county commissioners that shall set forth estimated administrative expenses of the juvenile court that the judge considers reasonably necessary for the operation of the court, including reasonably necessary expenses of the judge and such officers and employees as the judge may designate in attending conferences at which juvenile or welfare problems are discussed, and such sum each year as will provide for the maintenance and operation of the detention facility, the care, maintenance, education, and support of neglected, abused, dependent, and delinquent children, other than children eligible to participate in the Ohio works first program established under Chapter 5107. of the Revised Code, and for necessary orthopedic, surgical, and medical treatment, and special care as may be ordered by the court for any neglected, abused, dependent, or delinquent children. The board shall conduct a public hearing with respect to the written request submitted by the judge and shall appropriate such sum of money each year as it determines, after conducting the public hearing and considering the written request of the judge, is reasonably necessary to meet all the administrative expenses of the court. All disbursements from such appropriations shall be upon specifically itemized vouchers, certified to by the judge.
If the judge considers the appropriation made by the board pursuant to this section insufficient to meet all the administrative expenses of the court, the judge shall commence an action under Chapter 2731. of the Revised Code in the court of appeals for the judicial district for a determination of the duty of the board of county commissioners to appropriate the amount of money in dispute. The court of appeals shall give priority to the action filed by the juvenile judge over all cases pending on its docket. The burden shall be on the juvenile judge to prove that the appropriation requested is reasonably necessary to meet all administrative expenses of the court. If, prior to the filing of an action under Chapter 2731. of the Revised Code or during the pendency of the action, the judge exercises the judge's contempt power in order to obtain the sum of money in dispute, the judge shall not order the imprisonment of any member of the board of county commissioners notwithstanding sections 2705.02 to 2705.06 of the Revised Code.