Ohio

Lower Age: None specified

Upper Age: 17


Discretionary Waiver ORC Tit. XXI, Sec. 2151.26

Sec. 2151.23(H)

When a child of at least 14 is charged with a felony, the juvenile court, after investigation and a hearing, may transfer the case for criminal prosecution if it finds that (1) there is probable cause to believe the child committed the offense alleged and (2) there are reasonable grounds to believe that (a) the child is not amenable to care or rehabilitation in any facility for delinquent children and (b) the "safety of the community may require that the child be placed under legal restraint," if necessary for a period extending beyond the child's majority. The required prehearing investigation includes a mental examination of the child, unless competently waived or refused. The law lists various factors that must be considered in making the transfer determination. Once a case is transferred, the adult criminal court has jurisdiction to convict the child for the offense that formed the basis of the transfer, any lesser included offense, or "another offense that is different from the offense charged."



[Note—When a child alleged to have committed an offense requiring a mandatory transfer as well as an offense that is subject to discretionary transfer, the juvenile court is authorized to transfer the discretionary offense along with the mandatory one, without any investigation or special findings beyond a probable cause determination; see Mandatory Waiver.]


Offense Category Minimum Age Offense Detail

Certain Felonies 14 Any felony.


Mandatory Waiver ORC Tit. XXI, Sec. 2151.26

Following a hearing to determine probable cause, the juvenile court "shall transfer" the case of any child who meets statutory age/offense/prior record criteria. If the same child is alleged to have commited two offenses, one of which comes within statutory criteria for mandatory transfer, and the other of which comes within statutory criteria for a discretionary transfer, and motions to transfer are filed in both instances, the juvenile court must first make a determination regarding transfer of the mandatory offense; if it finds that the mandatory transfer provisions apply, it may also transfer the discretionary offense, assuming it finds probable cause, without regard to the factors it would otherwise be required to consider before making a discretionary transfer, without any investigation, and without making any determination regarding the child's rehabilitative prospects or the public safety.



Once a case is transferred, the adult criminal court has jurisdiction to convict the child for the offense that formed the basis of the transfer, any lesser included offense, or "another offense that is different from the offense charged."


Offense Category Minimum Age Offense Detail

Any Criminal 14 Any offense committed by a child previously transferred and convicted of a felony in adult court; any offense committed by a child whose domicile is in another State, if the offense would be an excluded offense in that State.

Murder 14/16 14—Aggravated murder, murder, or the attempt to commit aggravated murder or murder, if the accused was previously placed in department of youth services custody following a delinquency adjudication for (1) any of the above ("category 1 offenses") or (2) voluntary manslaughter, first degree involuntary manslaughter, kidnapping, aggravated arson, aggravated robbery, aggravated burglary, rape, or the former crime of felonious sexual penetration ("category 2 offenses").

16—Aggravated murder, murder, or the attempt to commit aggravated murder or murder; also voluntary or first degree involuntary manslaughter, if committed (1) with a firearm or (2) by a child previously placed in department of youth services custody following a delinquency adjudication for a "category 1" or "category 2" offense.

Person 16 Rape or aggravated robbery committed (1) with a firearm or (2) by a child previously placed in department of youth services custody following a delinquency adjudication for a "category 1" or "category 2" offense.

Property 16 Aggravated arson or aggravated burglary, if committed (1) with a firearm or (2) by a child previously placed in department of youth services custody following a delinquency adjudication for a "category 1" or "category 2" offense.


Once an Adult, Always ORC Tit. XXI, Sec. 2151.011(B)(6)

Once a child has been transferred to adult court and convicted of (or pleaded guilty to) any felony, he or she is thereafter "deemed not to be a child" in any case involving alleged offenses committed before or after the transfer, provided the juvenile court has not already disposed of them. Future complaints against the child must be filed initially in juvenile court, but the court's only role is to confirm the previous conviction and order a mandatory transfer to adult criminal court upon a finding of probable cause. (See Mandatory Waiver.)