Rules of Practice of the Hamilton County Juvenile Court

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Rules of Practice of the Hamilton County Juvenile Courtnext hearing. If the court grants the request, the requesting party shall assure that the dateselected is accommodating to the schedules of all other parties.All other requests for continuances shall state the reasons for the request and shall be filed withthe clerk’s office no later than 14 days before the hearing sought to be continued and servedupon all other parties. The party filing the request for continuance shall then submit it to thebailiff of the assigned judge, or to the case manager of the assigned magistrate in a custody or adependency, neglect, or abuse case, or in all other cases, to the case manager of the magistratescheduled to conduct the next hearing.RULE 18: Service By PublicationService by publication shall be made by newspaper publication. In order to assure publication incompliance with Juvenile Rule 16(A), requests for service by publication shall be filed no laterthan 10 days before the scheduled hearing. The clerk may exercise discretion regarding a requestnot timely filed and decline to process the request if publication is not likely to occur within thetime specified by Juvenile Rule 16(A).(Adopted eff. 11-1-05; amended eff. 5-15-06.)TITLE IV: CUSTODY, PARENTING TIME AND ALLOCATION OF PARENTALRIGHTS AND RESPONSIBILITIESRULE 19. Commencement of the Case(A) CommencementBefore commencing an action for custody, parenting time, allocation of parental rights andresponsibilities, or modifications to existing orders of such nature, the person filing thecomplaint must make a good faith effort to identify the true and accurate names of the child,mother, father or fathers, and any other person who has a legal interest in the proceeding. Casesregarding siblings will be filed under different case numbers unless they share the same motherand father.(B) Documents Required At FilingOriginal actions shall be initiated by sworn complaint. Requests to modify pre-existing ordersshall be by motion. All documents must be typed or legibly printed on 8½ by 11-inch paper. Acompleted copy of the following documents must be filed with the complaint or motion:1. Copy of the child’s birth certificate2. Child Custody Affidavit pursuant to R.C. 3127.33.3. Hamilton County Juvenile Court Information Form4. If paternity has been established, one of the following:A paternity determination of record in the Central Paternity RegistryAn administrative paternity determinationA paternity determination issued by a court5. The most recent court order regarding custody or support issued by another court6. Release Form of the Hamilton County Juvenile Court14
Rules of Practice of the Hamilton County Juvenile Court7. Release Form of the Hamilton County Sheriff’s Office8. Information Form for the Department of Jobs and Family Services9. Written Request for ServiceIf the petitioner is unable to secure any of the above documentation after the exercise of duediligence or in the case of an emergency, the petitioner shall file an affidavit identifying themissing document and describing the efforts to secure it or the emergency that requiresimmediate filing without the document.(C) Assignment of CasesAt filing, a case shall be randomly assigned to a magistrate who shall thereafter preside over allhearings in the case unless absent from the court or exigent circumstances require otherwise.(D) Filing FeeThe party initiating the action shall submit the filing fee at the time of filing. If the party isindigent and unable to pay the fee, the clerk may accept the filing if accompanied by an affidavitof indigence and some form of documentation in support of the affidavit such as payroll receipts,Social Security determinations, or public assistance determinations.The magistrate presiding over the case will review all affidavits of indigence. The magistratemay accept the affidavit as filed or set a hearing to determine if the filing fee must be paid beforethe case may proceed. If a party’s financial status changes during the course of the proceedings,the party is under a duty to inform the court. The court may order subsequent payment of thefiling fee if the court finds that financial circumstances have changed since the filing of the case.(E) Failure to ComplyFailure to comply with the rules for commencement of an action may delay or preclude the filingof the case.(Amended, eff. 1-1-08)RULE 20. Pre-Trial Matters(A) Investigations of the PartiesUpon the filing of a complaint or motion, the court will request information pertinent to the casefrom the Hamilton County Department of Job Family Services and the Hamilton CountySheriff’s Office pursuant to R.C 3109.04 and 3109.051. Upon request, a copy of anyinformation received from either agency shall be provided to the parties and/or counsel. Uponthe court’s receipt of the information, the case will be referred for either mediation or pre-trialhearing.(B) MediationPrior to the first hearing, the court may refer for mediation such cases that it deems appropriate.Thereafter a case may be referred for mediation by order of the court. A mediation session is adocketed event requiring the appearance of all parties. The appearance of counsel is optional.15
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Rules of Practice of the Hamilton County Juvenile Court

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