{"data":{"id":"us-oh/ohio-rev.-code-2152.52","jurisdiction":"us-oh","citation":"Ohio Rev. Code § 2152.52","heading":"Determination of competency.","body":"(A)(1) In any proceeding under this chapter other than a proceeding alleging that a child is an unruly child or a juvenile traffic offender, any party or the court may move for a determination regarding the child's competency to participate in the proceeding.\n(2) In any proceeding under this chapter other than a proceeding alleging that a child is an unruly child or a juvenile traffic offender, if the child who is the subject of the proceeding is fourteen years of age or older and if the child is not otherwise found to have a mental illness or developmental disability, it is rebuttably presumed that the child does not have a lack of mental capacity. This presumption applies only in making a determination as to whether the child has a lack of mental capacity and shall not be used or applicable for any other purpose.\n(B) The court may find a child incompetent to proceed without ordering an evaluation of the child's competency or holding a hearing to determine the child's competency if either of the following applies:\n(1) The prosecuting attorney, the child's attorney, and at least one of the child's parents, guardians, or custodians agree to the determination.\n(2) The court relies on a prior court determination that the child was incompetent and could not attain competency even if the child were to participate in competency attainment services.","path":["Title 21 Courts-Probate-Juvenile","Chapter 2152 Delinquent Children; Juvenile Traffic Offenders"],"source_url":"https://codes.ohio.gov/ohio-revised-code/section-2152.52","current_through":"2016-10-12 (House Bill 158 - 131st General Assembly)","vintage":"","retrieved_at":"2026-09-14T19:24:30Z","sha256":"49c8c6096c27bfe0e226aee29ef2c634ed925507c4dc62cd0a95a9476d001a27","source_id":"us-oh","stale":false,"prev":"us-oh/ohio-rev.-code-2152.51","next":"us-oh/ohio-rev.-code-2152.53"},"notice":"GroundRules: Original legal text. Not legal advice."}