Ohio Code 5139.32 – Child unable to benefit from programs
(A) Whenever a child committed to the department of youth services is unable to benefit from the programs conducted by the department, as found under division (B) of this section, the department forthwith shall release or discharge such child from its jurisdiction and either return the child to the committing court, provided that such court so consents or directs, or otherwise secure for the child an environment more beneficial to the child’s future development.
Terms Used In Ohio Code 5139.32
- Child: includes child by adoption. See Ohio Code 1.59
- Commitment: means the transfer of the physical custody of a child or youth from the court to the department of youth services. See Ohio Code 5139.01
- Discharge: means that the department of youth services' legal custody of a child is terminated. See Ohio Code 5139.01
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Person: includes an individual, corporation, business trust, estate, trust, partnership, and association. See Ohio Code 1.59
- Release: means the termination of a child's stay in an institution and the subsequent period during which the child returns to the community under the terms and conditions of supervised release. See Ohio Code 5139.01
- Secure facility: means any facility that is designed and operated to ensure that all of its entrances and exits are under the exclusive control of its staff and to ensure that, because of that exclusive control, no child who has been institutionalized in the facility may leave the facility without permission or supervision. See Ohio Code 5139.01
(B) The determination that a child is unable to benefit from the programs conducted by the department shall be made by the committing court on its own motion or upon application by the department or by a parent or the guardian of the person of the child, or, if the child has been institutionalized or institutionalized in a secure facility, whichever is applicable, for the prescribed minimum period set forth in Chapter 2152 of the Revised Code and the child’s commitment order, by the department itself.