In the case of C.P, the Ohio Supreme Court ruled that R.C. 2152.86, which created a new class of youth adjudicated of sex offenses who would automatically be subject to mandatory, lifetime sex-offender registration and notification requirements, violated the U.S. and Ohio Constitutions. In its ruling, the Court offered the following language in support: “In…
This amicus brief by Juvenile Law Center, Children’s Law Center, Inc., The Gault Center, and others argues Ohio should adopt a bright line rule requiring meaningful access to counsel for all young people at the interrogation stage of a delinquency proceeding. Amici argue counsel at interrogation is essential given the developmental and neuroscientific differences between…
A sample motion from Ohio requesting declassification from the sex offense registry or reclassification to a lower tier registrant. This motion argues the child’s factual history of demonstrated success, the statutory factors to consider, and research on low recidivism rates and responsiveness to treatment for young people adjudicated of sex offenses.
This amicus brief by The Gault Center, Children’s Law Center, Inc., and the American Civil Liberties Union of Ohio Foundation, Inc. argues mandating young people to register on sex offender registries is improper since youth adjudicated of sex offenses are vastly different from adults convicted of sex offenses, registries frustrate the purpose of juvenile court,…
This amicus brief by The Gault Center, Juvenile Law Center, and National Center for Lesbian Rights argue that strict liability statutes run counter to the principles of adolescent development. Here, amici argue that a 12-year old child who engaged in non-forcible sexual conduct with his peer, who was then prosecuted under a strict liability sex…
On November 23, 2009, the DOJ and the Ohio Department of Youth Services entered into an amended consent decree to address the remaining conditions of confinement in the Scioto Juvenile Correctional Facility, following the closure of the Marion Juvenile Correctional Facility. Related Actions: [Ohio] Marion Juvenile Correctional Facility: Investigation [Ohio] DOJ Complaint in U.S. v.…
On May 16, 2008, the DOJ filed a complaint against the State of Ohio in the Southern District of Ohio Eastern Division for engaging in a pattern or practice of constitutional violations in juvenile facilities. Specifically, the complaint alleges that the state has engaged in a pattern or practice of violating young people’s right to…
On May 9, 2007, the DOJ released its investigation of the Marion County, Ohio Juvenile Correctional Facility, finding that the conditions violate federal and constitutional rights of youth. Specifically, the investigation highlights violations of young people’s right to reasonable safety, right to adequate mental health care, and right to special education services. Related actions: [Ohio]…
On May 9, 2007, the DOJ released its investigation of the Scioto Juvenile Correctional Facility, finding that the conditions violate federal and constitutional rights of youth. Specifically, the investigation highlights violations of young people’s right to reasonable safety, right to adequate mental health care, and right to special education services. Related actions: [Ohio] Marion Juvenile…
In 2002, the Central Juvenile Defender Center, through the Children’s Law Center, Inc. in Covington, Kentucky, in conjunction with the ABA National Juvenile Defender Center and the Juvenile Justice Coalition, Inc. embarked upon a statewide study of Ohio’s indigent juvenile defense system. The study included extensive surveying of judges, magistrates and defense attorneys, and detention…
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