Juvenile courts in Ohio have jurisdiction over several different types of cases involving juveniles - persons under the age of 18. Among the powers the Ohio Revised Code grants juvenile courts are the authority to hear:
- Delinquent child cases;
- Abuse cases where adults stand accused of child abuse or neglect;
- Petitions for protection orders against a child; and
- Matters involving the juvenile of unmarried parents including visitation, child support, and custody.
Dependent Versus Neglected Children
Perhaps the most confusing types of juvenile cases involve distinguishing between dependent and neglected children. These cases, which most often involve a dependency or neglect charge brought by the Office of Families and Children, can be very complex and often involve several parties. Ohio Revised Code 2151.04 defines a dependent child as one who is:
- destitute;
- homeless; or
- without adequate care through no fault of their parents or guardians; or
- lacking adequate care due to a parent or guardian's mental or physical condition.
Dependency focuses more on the condition of the child and not the faults of the parents, but past history can be used to predict the fitness of a potential custodial placement.
Conversely, Ohio Revised Code 2153.03 defines a neglected child as one who is:
- abandoned;
- lacking adequate parental care because of the faults or habits of the parents or guardians;
- being refused proper or necessary subsistence, education, medical or surgical care or treatment, or other care necessary for health, morality, or well-being;
- being refused special care necessary by the child's mental condition;
- suffering physical or mental injury due to omission by the parent or guardian; or
- subject to out-of-home care child neglect.
Neglect differs from dependency because unlike dependency, neglectful acts or omissions are culpable behavior and the parents or guardians are at fault for such behavior.
If the Office of Families and Children is bringing a complaint for neglect or dependency, they bear the burden of proof to establish it by clear and convincing evidence. Regardless of the habits of a child's parents or their culpable behavior, the child is not being neglected if he or she is receiving adequate care from a relative. Voluntarily placement of a child with a responsible relative where care, custody, and support obligations are met will also not support a finding of dependency.
Temporary Emergency Custody
Upon a finding of neglect or dependency the state can move to take custody of a child from his or her parents or guardians without readjudicating the finding at the hearing. However, if a party is able to provide evidence of situations involving abandonment or actual or threatened mistreatment or abuse, Ohio courts have temporary emergency jurisdiction even if no prior determination of dependency or neglect has been made. At that time they may order a child to be placed in Emergency Temporary Custody. Later there will be a full hearing in which the parents or former guardian of the child will have the opportunity to present their own evidence and testimony to refute allegations brought by the moving party.
Conclusion
Despite the differences between cases involving issues of dependency and those involving issues of neglect, the ultimate goal is to ensure that the child in question is receiving adequate care. These cases should not be confused with cases solely concerned with custody, although issues of both temporary and permanent custody often arise contemporaneously in these situations.