COUNTY RULES OF PRACTICE
OF THE COURT OF COMMON PLEAS
Domestic Relations Division
Effective February 1, 1990 unless otherwise noted
A. General Purpose
The purpose of this rule is to expedite proceedings under sections 2152.51 to 2152.59 of the Revised Code, to ensure that proper notice of competency hearings is provided to the appropriate persons, and to ensure that any proceedings on an underlying complaint are stayed pending the determinations under these sections.
B. Expedited Hearings
Juvenile competency proceedings shall be scheduled and heard on an expedited basis. Hearings in juvenile competency proceedings shall be held in strict compliance with applicable deadlines as established by statute or by this rule.
Upon the conclusion of each hearing, the court shall provide written notice to the prosecuting attorney, the child’s attorney, the child’s guardian ad litem, and the child’s parents, guardian, or custodian of the date, time and place of the next scheduled hearing. Mailed notice shall not be required for any party or other individual designated in this rule to whom notice of the next hearing was provided in writing upon conclusion of the immediately preceding hearing.
D. Stay of Proceedings
Upon the filing of a motion for a determination regarding a child’s competency or upon the court’s own motion the court shall stay all delinquency proceedings pending a determination of competency. If, upon a determination of competency, the court determines that the child is not competent but could likely attain competency, the court order staying the delinquency proceedings shall remain in effect until such time as the child attains competency or the proceeding is dismissed. (Eff. 1/6/2012).