Case Procedures

Traffic Cases

Arraignment

All traffic cases are set for arraignment at 3:00 p.m. on the Thursday following the citation. At the arraignment, the Court reviews the Juvenile’s rights, reads and explains the citation to the Juvenile and parent(s) and reviews the consequences for the citation. If the Juvenile denies the traffic violation, the matter is scheduled for a pretrial.

Pretrial

A pretrial is conference with the Prosecutor’s Office. A pretrial is scheduled to determine if the parties can reach agreement regarding the traffic citation. If the parties cannot reach agreement, the matter is then scheduled for a trial.

Adjudication/Trial

A trial is a hearing where the State of Ohio must prove the traffic violation beyond a reasonable doubt. The Court makes a determination if the child is a juvenile traffic offender after hearing all of the evidence from both sides of the case. Where there is insufficient evidence that the  Juvenile has violated a traffic law, the Court will dismiss the case.

Disposition

Following the adjudication/trial, the Court decides what action will be taken with the Juvenile. If the Juvenile is found to be a juvenile traffic offender, the Court may assess fines, court costs and points, order probation, restrict driving privileges, or require attendance at driving classes.

Abuse, Neglect & Dependency Cases

In most instances, the Ottawa County Department of Job and Family Services files cases with the Court alleging abuse, neglect and dependency of children. Pursuant to law, any
person having knowledge of a child who appears to be abused, neglected or dependent may file a Complaint with the Court.

Shelter Care Hearing

The Court may grant emergency custody of a child to the agency or another person pending a shelter care hearing held within 24 – 72 hours of the initial filing. A Court-Appointed Special Advocate (CASA) will be appointed for the child.

Adjudicatory Hearing

Within thirty (30) days of the initial filing, the Court will hold an adjudicatory hearing (trial), at which time it will be determined whether the allegations in the complaint are supported by legally admissible evidence.

Disposition Hearing

If there is clear and convincing evidence that a child is abused, neglected or dependent, a disposition hearing will be held with 60 – 90 days of the initial filing of the complaint. It is at this time that the Court determines the most appropriate placement for the child.

Delinquency and Unruly

Initiation

Police or other persons present information about possible delinquent or unruly children to the Prosecutor’s Office. If the information is sufficient, and alternatives like mediation are not appropriate, an official complaint is filed.

Arraignment

At an arraignment, the Court reviews the Juvenile’s rights, reads and explains the complaint to the Juvenile and parent(s) and reviews the possible consequences of the charge. If the Juvenile requests court appointed counsel, the parent(s) completes an indigency affidavit form to see if the Juvenile qualifies for that service.

Pretrial

A pretrial is conference with the Prosecutor’s Office. A pretrial is scheduled to determine if the parties can reach agreement regarding the traffic citation. If the parties cannot reach agreement, the matter is then scheduled for a trial.

Adjudication

After the pretrial, the Court holds a hearing to determine whether the Juvenile is delinquent or unruly. The Court makes this decision only after considering all other evidence presented from all parties.

Disposition

Following adjudication, the Court decides what action will be taken with the Juvenile. For an example, the Juvenile may be placed in the Juvenile Detention Center, placed on
in-home detention, placed on probation or ordered to participate in services.

Adult/Paternity and Child Support Cases:

Adult: There are two (2) types of adult cases:

  • Cases filed against a parent for failure to send a child to school.
  • Cases filed against an adult for contributing to the delinquency or unruliness of a minor.

Paternity/Child Support: In most instances, the Ottawa County Child Support Enforcement Agency files cases with the court to establish paternity and/or to establish, modify and enforce child support orders.