Local Rules

COURT OF COMMON PLEAS

JUVENILE DIVISION

CLERMONT COUNTY, OHIO

JAMES A. SHRIVER, JUDGE

2340 CLERMONT CENTER DRIVE, SUITE 100

BATAVIA, OHIO 45103

LOCAL RULES

Effective October 12, 2009

Revised August 1, 2011

Revised July 8, 2014

Revised September 26, 2014

Revised October 23, 2014

Revised December 8, 2014

Revised July 1, 2015

Revised July 1, 2016

Revised February 1, 2017

Revised February 1, 2018

Revised April 23, 2019

Revised January 1, 2020

Conduct and operations in the Court of Common Pleas, Clermont County, Ohio, Juvenile

Division are governed by the Ohio Revised Code, the Rules of Superintendence of the Supreme

Court of Ohio, the Ohio Rules of Juvenile Procedure, and by these Local Rules.

All persons before this Court should familiarize themselves with all applicable law.

 
TABLE OF CONTENTS 
                          Title              Page 
Rule 1  Adoption and Amendment of Rules. ..............................................................  1 
Rule 2  Scope and Construction of Rules ...................................................................  1 
Rule 3  Sanctions. .......................................................................................................  1 
Rule 4  Court Hours and Facilities ..............................................................................  1 
Rule 5  Courthouse Decorum. .....................................................................................  1 
Rule 6  Courthouse Security. ......................................................................................  2 
Rule 7  Court Appearance of Juveniles. .....................................................................  2 
Rule 8  Court Records .................................................................................................  2 
Rule 9  Record of Hearing ..........................................................................................  2 
Rule 10  Court Costs. ....................................................................................................  3 
Rule 11  Filing by Facsimile .........................................................................................  3 
Rule 11.1  Hearing Notice via Electronic Mail................................................................  5 
Rule 12  Counsel of Record. .........................................................................................  5 
Rule 13  Media Access to Hearings ..............................................................................  6 
Rule 14  Hearing closure. .............................................................................................  7 
Rule 15  Continuances ..................................................................................................  7 
Rule 16  Service by Publication. ...................................................................................  7 
Rule 17  Financial Disclosure Affidavit .......................................................................  7 
Rule 18  Findings of Facts ............................................................................................. 8 
Rule 19  Objections to Decision of Magistrate .............................................................. 8 
Rule 20  Attorney Fees .................................................................................................. 9 
Rule 21  Appointed Counsel. ......................................................................................  10 
Rule 22  Guardian Ad Litem .......................................................................................  11 
Rule 23  Allocation of Parental Rights and Responsibilities ......................................  12 
Rule 23.1  Standard Parenting Time Guidelines.  ..........................................................  13 
Rule 24  Parentage Actions .........................................................................................  13 
Rule 25  Traffic Cases. ...............................................................................................  14 
Rule 26  Diversion ......................................................................................................  14 
Rule 27  Custody for Unmarried Mothers. .................................................................  14 
Rule 28  Case Management Plan ................................................................................  15 
Rule 28.1  Abuse, Neglect and Dependency Cases. .......................................................  16 
Rule 29  Records Retention Schedule .........................................................................  17 
Rule 30  Electronic Traffic Ticket ..............................................................................  18 
Rule 31  Electronic Signatures . ..................................................................................  18 
Rule 32  Use of Restraints . ........................................................................................  19 
Rule 33.1  Application for Appointment ............................................................................ 20 
Rule 33.2  General Requirements for all Applicants .......................................................... 20 
Rule 33.3  Term for a Special Process Server .................................................................... 21 
Rule 34          Parenting Coordination ..................................................................................... 21 
Rule 34.1       Definitions ......................................................................................................... 21 
Rule34.2        Purpose............................................................................................................... 22 
Rule 34.3       Scope .................................................................................................................. 22 
Rule 34.4       Appointment ...................................................................................................... 22 
Rule 34.5       Parenting Coordinator Responsibilities ............................................................ 24 
 
 

 
 
Rule 34.6       Parenting Coordination Procedures .................................................................. 25 
Rule 34.7        Confidentiality and Privilege ........................................................................... 28 
Rule 34.8        Release of Records ........................................................................................... 28 
Rule 34.9        Public Access.................................................................................................... 28 
Rule 34.10      Model Standards ............................................................................................... 28 
Rule 34.11      Court Reporting Requirements ........................................................................ 28 
Rule 34.12      Sanctions ........................................................................................................... 29 
Rule 35   Mediation .......................................................................................................... 29 
Rule 35.01   Ohio Uniform Mediation Act ........................................................................... 29 
Rule 35.02   Cases Eligible for Mediation ............................................................................ 29 
Rule 35.03   Mediation Prohibited ........................................................................................ 29 
Rule 35.04   Referrals to Mediation ...................................................................................... 29 
Rule 35.05   Procedure for Mediation ................................................................................... 30 
Rule 35.06   Abuse, Neglect and Dependency Mediations .................................................. 33 
Rule 35.07   Responsibility of Mediator ............................................................................... 33 
Rule 35.08   Mediator Training and Education .................................................................... 34 
Rule 35.09   Public Access .................................................................................................... 35 
 
 
 
 
 
 
 
   

Rules of Practice

Clermont County Juvenile Court

RULE 1. Adoption and Amendment of Rules

The Clermont County Juvenile Court hereby promulgates and adopts the following rules of

practice pursuant to authority under Article IV, Section 5(B) of the Ohio Constitution Rule 5 of

the Rules of Superintendence for the Courts of Ohio. These rules are effective October 12, 2009

and may be amended from time to time as necessary. These rules shall be known as the Rules of

Practice of the Clermont County Juvenile Court and may be cited as “Cle. Juv. R. __.”

RULE 2. Scope and Construction of Rules

These rules are intended to provide for the management of proceedings and other functions of the

Court and to supplement and complement the Ohio Rules of Juvenile Procedure, the Ohio Rules

of Civil Procedure, the Ohio Rules of Criminal Procedure, the Ohio Rules of Evidence, the Rules

of Superintendence for the Courts of Ohio and controlling statutes. These rules shall be applied,

construed, and enforced so as to avoid inconsistency with other rules and statutes. They shall be

interpreted so as to promote just and expeditious determinations. The Judge or Magistrate

presiding over a hearing may permit exception from a rule upon specific request and for good

cause shown.

RULE 3. Sanctions

Failure to abide by the Ohio Rules of Civil Procedure, the Ohio Rules of Juvenile Procedure, or

the Rules of Practice of the Clermont County Juvenile Court may result in the imposition of

sanctions. Sanctions that may be imposed include but are not limited to the following:

1. A case may commence without counsel, be continued, or be dismissed, as the Court deems

appropriate.

2. The Court may order security personnel to remove persons from the courtroom, hallway,

or building.

3. The Court may impose fines and/or incarceration pursuant to a finding of contempt.

4. The Court may remove a person’s name from the list of those eligible for appointment as

counsel or Guardian Ad Litem.

RULE 4. Court Hours and Facilities

The Court facility at 2340 Clermont Center Drive shall be open for the general transaction of

business Monday through Friday from 8:00 a.m. to 4:00 p.m., excepting legal holidays and exigent

circumstances.

The Court may be in session at such other times and hours as the presiding Judge or Magistrate

shall prescribe to meet the special conditions of a case. Official and unofficial sessions of Court

may also conducted for selected cases in various community facilities and schools as the Court

may from time to time deem appropriate.

RULE 5. Courthouse Decorum

(A) All counsel shall wear business attire when appearing before the Court. All parties and

witnesses shall wear appropriate attire. Food, beverages and smoking are prohibited in the

courtroom during all hearings. Smoking is prohibited throughout the Courthouse facility at all

times.

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Clermont County Juvenile Court

(B) Cellular telephones, pagers, radios, compact disc or cassette players, headphones and any

other electronic devices shall be turned off prior to entering the courtroom and not be utilized

except by consent of the Court.

Children must be supervised by an adult who is solely responsible for the child’s safety, care and

behavior at all times.

(D) Hearings shall commence promptly at the designated time on the assigned date. Counsel and

parties shall be present and before the Court at the assigned hearing time. If counsel is going to

be late for a hearing, counsel must make a reasonable effort to notify the assigned Judge or

Magistrate as soon as is practical to explain the reason for his/her tardiness.

If counsel or a party is not present in Court at the assigned time, the case may commence in the

absence of counsel or a party, the case may be continued, or the case may be dismissed, as

determined by the assigned Judge or Magistrate.

RULE 6. Courthouse Security

(A) Except as determined by the Judge, all persons entering court facilities at 2340 Clermont

Center Drive shall pass through the metal detector or other such device. All persons entering the

Court are subject to search. All packages, parcels, briefcases, bags, purses, wallets or any other

containers are subject to search by security personnel.

(B) No person, with the exception of Court security personnel who are on duty and performing

their assigned responsibilities, may enter or remain in the Courthouse while in the possession of a

firearm or other deadly weapon. This rule is in accordance with the Ohio Supreme Court Security

Standards. Pursuant to Ohio Revised Code Section 2923.123(C)(6) this rule prohibits persons

from carrying a handgun into the Courthouse even if they have a valid concealed carry permit

under O.R.C. Sections 2923.125 and 2923.1213.

care and custody of the Court security personnel before proceeding beyond the security

checkpoint. This order shall apply whether or not the Court is in session.

RULE 7. Court Appearance of Juveniles

Any juvenile required to appear before the Court shall appear in person and be accompanied by a

parent or legal guardian. If a juvenile appears at Court without a parent or legal guardian, the

Court may reschedule such hearing for the presence of the parent or legal guardian.

RULE 8. Court Records

Access to Court records shall be governed by Rules 44 though 47 of the Rules of Superintendence

for the Courts of Ohio.

RULE 9. Record of Hearing

(A) Official Record. A complete record of all testimony or other oral proceeding shall be made

in all official cases by means of a court reporter or an audio or audiovisual recording device

Rules of Practice

Clermont County Juvenile Court

provided by the Court. This record shall be the official record of the case unless a transcript is

filed pursuant to division (C) of this rule.

(B) Inspection of the Audio or Audiovisual Record. Any person who is a party to a case as

defined by the Juvenile Rules or that person’s attorney or Guardian Ad Litem may listen to or view

the record made in a case after a request is submitted in writing and authorized. The Judge,

Magistrate, Court Administrator, or Chief Deputy Clerk, may authorize such requests.

Any party requesting a full or partial transcript of the record shall file a written request with the

clerk. All written requests for a transcript shall contain the case number, presiding Judge or

Magistrate, date of hearing, reason for the request, number of copies in addition to the original,

payor of the transcript, and any other pertinent information. The Judge or Magistrate who is

assigned the case may schedule a hearing or may rule on the request upon the pleadings.

No transcript will be begun or provided until satisfactory arrangements for payment have been

concluded.

RULE 10. Court Costs

Cost deposits in the amount set forth in the Court’s schedule of costs, as may be periodically

amended, shall be required upon the filing of any action and proceeding listed therein. The

schedule of costs is available from the clerk’s office upon request.

RULE 11. Filing by Facsimile

Pleadings and other papers may be filed with the clerk of the Clermont County Juvenile Court by

facsimile transmission to (513) 732-7695 as provided in this rule.

(A) Applicability

1. This rule applies to proceedings in the Clermont County Juvenile Court.

2. The following documents will not be accepted for fax filing: Original Delinquent, Unruly,

Traffic, Abuse, Neglect, Dependency, Paternity, Contempt filings or any filing that

requires a filing fee.

(B) Original Filing:

1. A document filed by fax shall be accepted as the effective original filing. The person filing

a document by fax is not required to file any source document with the clerk. The person

filing the document shall maintain in his or her records and have available for production

on request by the Court the source document filed by fax, with original signatures as

otherwise required under the applicable rules, and the source copy of the facsimile cover

sheet used for the subject filing.

2. The source document filed by fax shall be maintained by the person making the filing until

the case is closed and all opportunities for post judgment relief are exhausted.

Rules of Practice

Clermont County Juvenile Court

1. “Facsimile transmission” means the transmission of a source document by a facsimile

machine that encodes a document into optical or electrical signals, transmits and

reconstructs the signals to print a duplicate of the source document at the receiving end.

“Facsimile transmission” does not include transmission by email.

2. “Facsimile machine” means a machine that can send and receive a facsimile transmission.

3. “Fax” is an abbreviation for “facsimile” and refers, as indicated by the context, to facsimile

transmission or to a document so transmitted.

(D) Cover Page:

The person filing a document by fax shall also include a cover page containing all of the following

information:

1. Name of the court;

2. Title of the case;

3. Case number;

4. Name of the judge to whom the case is assigned , if any;

5. Title and or description of the document being filed

6. Date of transmission;

7. Transmitting fax number;

8. Indication of the number of pages included in the transmission, including the cover page;

9. If a judge or case number has not been assigned, state that fact on the cover page;

10. Name, address, telephone number, fax number, Supreme Court registration number, if

applicable, and e-mail address of the person filing the fax document if available;

If a document is sent by fax to the clerk without the cover page information listed above,

the clerk may do either of the following:

1. Enter the document in the case docket and file the document;

2. Deposit the document in a file of failed faxed documents with a notation of the reason for

the failure.

3. If the clerk acts pursuant to division (2) of this section, the document shall not be

considered filed with the clerk.

(E) Signature

A party who wishes to file a signed source document by fax shall do either of the following:

1. Fax a copy of the signed source document;

2. Fax a copy of the document without the signature but with the notation “/s/”followed by

the name of the signing person where the signature appears in the signed source document.

A party who files a signed document by fax represents that the physically signed source document

is in his or her possession or control. Any signature on electronically transmitted documents shall

be considered that of the attorney or party it purports to be for all purposes. If it is established that

the documents were transmitted without authority, the Court shall order the filing stricken.

Rules of Practice

Clermont County Juvenile Court

(F) Exhibits

1. Each exhibit to a facsimile produced document that cannot be accurately transmitted via

facsimile transmission for any reason shall be replaced by an insert page describing the

exhibit and why it is missing. Unless the Court otherwise orders, the missing exhibit shall

be filed with the Court, as a separate document, not later than five court days following the

filing of the facsimile document. The Court may strike any document or exhibit, or both,

if missing exhibits are not filed as required by this section.

2. Any exhibit filed pursuant to Section 6.01 shall include a cover sheet containing the caption

of the case that sets forth the name of the court, title of the case, the case number, name of

the judge and the title of the exhibit being filed (e.g., Plaintiff Smith’s Notice of Filing

Exhibit “G” to Plaintiff Smith’s Response to Defendants’ Motion to Dismiss). The exhibit

and cover sheet shall be signed and served in conformance with the rules governing the

signing and service of pleadings in this Court.

(G) Subject to the provisions of these rules, all documents sent by fax and received by the Clerk

shall be considered filed with the Clerk of Court as of the date and time automatically imprinted

by the fax machine of the Clerk of Court. The fax machine will be available to receive facsimile

filings on the basis of 24 hours per day seven days per week including holidays.

(H) Fax filings may not be sent directly to the Court for filing but may only be transmitted directly

through the facsimile equipment operated by the Clerk of Court.

(I) The Clerk of Court may, but need not, acknowledge receipt of a facsimile transmission.

(J) The risks of transmitting a document by fax to the Clerk of Court shall be borne entirely be

the sending party. Anyone using facsimile filing is urged to verify receipt of such filing by the

Clerk of Court through whatever technological means are available.

RULE 11.1. Hearing Notice via Electronic Mail

Upon the written consent of a party or counsel if represented, the Court may send all hearing

notices via electronic mail. Written consent shall be in a format provided by the Court.

RULE 12. Counsel of Record

(A) An attorney licensed to practice in Ohio shall file a notice of appearance of counsel within

seven days of being retained. Said notice shall contain the attorney’s Ohio Supreme Court

registration number. An entry appointing counsel shall serve as a notice of appearance of counsel.

(B) Appointment of Counsel

Parties who are unable to retain private counsel and who wish to be represented by counsel may

request counsel to be appointed. The party shall provide any and all necessary information and

complete such forms as are necessary to determine eligibility. Counsel will not be appointed in

matters dealing with paternity, custody or visitation.

Rules of Practice

Clermont County Juvenile Court

An attorney seeking to withdraw or substitute as counsel of record shall timely file a written motion

stating the grounds for withdrawing from the case; that the attorney has notified or made every

possible attempt to notify the client of the intended action, the subsequent hearing dates, and the

necessity of the client’s appearance at such hearings; and that the attorney has notified opposing

counsel of the intended action. An attorney shall not be considered withdrawn as counsel of record

unless approved by the Court in a written order. Said motion to withdraw shall be filed no later

than seven days prior to the next scheduled hearing. A proposed entry substituting counsel or

allowing the withdrawal of counsel shall be submitted at the time the underlying motion is filed.

RULE 13. Media Access to Hearings

(A) Photographing, broadcasting, televising, and recording by news media during courtroom

sessions, including recesses between sessions shall not be permitted unless authorized by the

Court. Court authorizations shall be governed by Canon 3 of the Code of Judicial Conduct,

Superintendence Rule 11 and 12, Juv. R. 37 and Ohio Revised Code Section 2151.35.

(B) Requests for permission to photograph, broadcast, televise, or record in the courtroom shall

be in writing to the Judge as far in advance as is reasonably practicable. Request forms may be

obtained from the clerk of the Court. The Court shall attempt to immediately inform the attorneys

for all parties in the case of the media request. If time does not permit notification by mail, then

telephonic means, facsimile, or notification in person must be attempted. The intent of this Rule

is to allow attorneys for all parties an opportunity to be heard prior to the Judge ruling on the media

request.

setting forth the conditions of media photographing, broadcasting, televising, or recording. This

Entry shall be docketed as part of the case.

(D) Proper courtroom decorum shall be maintained by all media participants, including proper

attire, in a manner that reflects positively upon the journalistic profession.

(E) There shall be no audio pickup or broadcast of conferences conducted in a courtroom between

counsel and clients, co-counsel, or the Judge and counsel.

(F) The Judge shall prohibit photographing or televising by any means victims of sexual assaults

or undercover police officers. The Judge shall retain discretion to limit or prohibit photographing

or televising any victim, witness, juror, counsel or his/her work product, upon objection.

(G) No media representative shall report the name of an accused child or otherwise identify the

child or the child’s family.

(H) No media representative shall report the name of any victim if such victim is under the age of

eighteen years, nor shall they otherwise indentify the victim or the victim’s family.

Rules of Practice

Clermont County Juvenile Court

(I) No information shall be published relative to the child’s social history, personal or educational

background, or mental or physical condition, or that of the child’s family, without prior consent

by the Court.

(J) Upon the failure of any media representative to comply with the conditions prescribed by the

Judge, this Rule or the Rules of Superintendence of the Supreme Court of Ohio, the Judge may

revoke the permission to photograph, broadcast, televise or record the trial or hearing.

RULE 14. Hearing closure

A party to a proceeding may request that a hearing or hearings be closed to members of the public,

the media, or other specified persons through a written motion. Such requests shall be made as

far in advance as is reasonably possible to allow the Court to conduct a hearing and rule on the

request without unnecessarily delaying the proceedings.

RULE 15. Continuances

(A) Requests for continuances shall be filed in written form with the clerk, at least seven days in

advance of the hearing. Parties requesting a continuance are responsible for notifying opposing

parties of their request prior to filing the request. A proposed entry granting the requested

continuance shall be submitted for the Court’s consideration at the time the underlying motion is

filed.

(B) All continuances are granted at the Court’s discretion, regardless of when and in what form

the request for a continuance is made to the Court.

RULE 16. Service by Publication

In accordance with Rule 16(A) of the Ohio Rules of Juvenile Procedure, service by publication

shall be made in all cases by posting and mail.

Posting shall be in a conspicuous place in the Clermont County Juvenile Court, 2340 Clermont

Center Drive, Batavia, Ohio 45103, as well as the following two additional public places: the

Clermont County Municipal Court, 4430 State Route 222, Batavia, Ohio 45103; and the Clermont

County Family Support Center, 2400 Clermont Center Drive, Batavia, Ohio 45103. Requests for

service by publication shall be made as soon as is reasonably practicable.

RULE 17. Financial Disclosure Affidavit

In all cases except abuse, neglect and dependency matters, the parties shall file a financial

disclosure affidavit in the form provided by the Court at the time their Complaint or Motion is

filed. The responding party shall file his/her financial disclosure affidavit at least seven days

prior to the trial. Failure of any party to comply with this rule may result in dismissal of the

Motion/Complaint, continuance of the hearing until the affidavit is filed, or imputation of income

to the non-compliant party. The Court may utilize the filed affidavit(s) to render a decision if a

party fails to appear for the scheduled trial.

Rules of Practice

Clermont County Juvenile Court

RULE 18. Findings of Fact

A party who requests findings of fact and conclusions of law pursuant to Rule 52 of the Ohio Rules

of Civil Procedure shall also file, within fourteen days after filing said request with the Court,

proposed findings of fact and conclusions of law and submit a copy thereof to the opposing party

or opposing counsel if represented. The opposing party or opposing counsel if represented then

has fourteen days to submit his/her proposed findings of fact and conclusions of law. Failure of

any party to request or submit findings of fact and conclusions of law within said time frame shall

constitute a waiver of the same.

RULE 19. Objections to Decision of Magistrate; Motion to Set Aside Magistrate=s Interim

Order

(A) Objections to Magistrate=s Decision

A Decision of a Magistrate shall be reviewed by the Judge upon objections filed in accordance

with Rule 40 of the Ohio Rules of Juvenile Procedure.

1. The objections shall be accompanied by a supporting memorandum. If a finding of fact or

weight of the evidence is part or wholly the basis for the objections, a transcript of the

Magistrate=s hearing is necessary and must be filed by the objecting party. The objections

shall state that a transcript has been ordered. In lieu of a transcript, the parties may file an

agreed statement of facts.

2. The objecting party shall contemporaneously file a praecipe with the Clerk of Court for a

transcript. The praecipe shall be served on the Court Reporter on the same day as the filing

of objections: failure to do so will cause the Court to rule on the objections as if no

transcript has been ordered. Transcripts not received within thirty days from the filing of

objections will not be considered, unless an extension of time to file the transcript has been

requested and granted by the Court. Partial transcripts may be permitted with leave of

Court. Failure to file a transcript when one is required by this Rule shall result in a

dismissal of the objections.

3. Unless otherwise ordered by the Court, the party ordering the transcript shall be responsible

for the fees associated with the filing of the transcript and shall pay said fees directly to the

Court Reporter.

4. If a transcript of the proceeding is required or desired, a party may request an extension of

time in which to file supplemental objections. The motion for extension of time must be

filed within the original fourteen day objection period, and shall, if granted, extend until

fourteen days after the transcript is filed.

5. Memoranda contra to objections may be filed by any party or counsel within ten days of

the filing of the objections.

6. Objections shall be decided upon the written memoranda, submitted transcripts and any

oral hearing that may be scheduled at the discretion of the Judge. Notice of the date and

time of any oral hearing will be made by the Court on all parties or their counsel and any

appointed Guardian Ad Litem. Scheduled oral hearings may be waived by agreement of

all parties and the Judge.

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Clermont County Juvenile Court

(B) Motion to Set Aside Magistrate=s Interim Order

1. Magistrates may issue Interim Orders and other Orders as provided by Rule 40 of the Ohio

Rules of Juvenile Procedure. Parties may file a motion to set aside the Interim Order, which

shall be heard by the Judge. The motion shall be filed no later than ten days after the

Magistrate=s Interim Order is filed.

2. The motion shall be accompanied by a memorandum stating the party=s position with

specificity. If a finding of fact or weight of the evidence is part or wholly the basis of the

motion, a transcript of the hearing before the Magistrate must be filed by the moving party

within thirty days after the filing of the motion, unless the judge extends the time in writing.

Partial transcripts may be permitted with leave of Court. In lieu of a transcript, the parties

may file an agreed statement of fact.

3. Failure to file a transcript when one is required by this Rule shall result in a dismissal of

the motion.

4. Motions to set aside shall be decided upon the written memoranda, submitted transcripts

and any oral hearing that may be scheduled at the discretion of the Judge. Notice of the

date and time of any oral hearing will be made by the Court on all parties or their counsel

and any appointed Guardian Ad Litem. Scheduled oral hearings may be waived by

agreement of all parties and the Judge.

5. Memoranda contra to a motion to set aside may be filed by any party or counsel within ten

days of the filing of the motion.

RULE 20. Attorney Fees

(A) Procedure

A motion for attorney fees shall be included in the body of the motion or other pleading that gives

rise to the request for fees, or by separate motion served on the opposing party/counsel at least

seven days prior to the hearing on the motion. No oral motion for fees shall be considered, unless

good cause is shown why this rule cannot be observed.

(B) Reasonable Fee

Absent formal evidence, as set forth in Section (C) herein, $500.00 shall be considered a reasonable

attorney fee in contempt of court proceedings, unless otherwise determined by the Court. In

determining the necessity for and the reasonableness of attorney fees, the Court may rely on its

own knowledge and observations of the time and effort expended, tactics used, results obtained,

discovery cooperation shown, settlement efforts made and compliance with Court orders

demonstrated. The Court may also consider the amount of attorney fees the opposing party has

incurred in the same matter.

1. At the time of the final hearing on the motion or pleading that gives rise to the request for

attorney fees, the attorney shall present:

a) an itemized statement describing the services rendered, the time expended for such

services, the requested hourly rate and the necessary expenses and costs for

litigation;

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Clermont County Juvenile Court

b) testimony as to whether the case was complicated by any factor that necessitated

extra time being spent on the case;

c) testimony regarding the attorney’s years in practice and experience in juvenile court

cases; and

d) evidence of the defending party’s ability to pay, and of the moving party’s need

for an award of attorney fees, if not otherwise disclosed during the hearing.

2. Failure to comply with the provisions of this rule shall result in the denial of a request for

attorney fees in excess of $500.00 in contempt of court proceedings, unless jurisdiction to

determine the issue of fees is expressly reserved in any order resulting from the hearing. The

Court reserves the right to award attorney fees as sanctions upon a finding that a motion was

spurious; that there was undue delay in proceeding with the case, i.e. caused by a counsel’s

or party’s dilatory behavior; that there was unexcused absence; or for good cause shown.

(D) Award to Party Only

Any award of attorney fees made by the Court must be entered in favor of a party litigant and not

directly in favor of a party’s attorney.

RULE 21. Appointed Counsel

(A) The Court shall maintain a list of attorneys willing to accept appointments for Juvenile Court

cases. The Court appointment list shall consist of the following individuals: (1) Attorneys who

will represent children in delinquency, traffic and unruly cases, and indigent adults in criminal matters

and contempt actions other than those specified herein; (2) Attorneys who will serve as counsel for

indigent parties in abuse, neglect, and dependency cases; and (3) Attorneys who will represent

children charged with a Category One or Category Two delinquency offense and in cases where

relinquishment of jurisdiction for the purpose of criminal prosecution is requested.

(B) Attorneys desiring to be placed on any or all appointment lists shall submit a written application

provided by the Court along with a certificate of good standing directed to the Administrative

Assistant to the Judge. All attorneys appointed by the Court in unruly, truancy, violation of court

order, OVI, delinquency, bindover, serious youthful offender, and appellate cases related thereto

and adult criminal cases, shall meet the minimum qualifications for training and experience

established by the Ohio State Public Defender in order to qualify for State reimbursement. All CLE

hours must be certified by the Ohio Supreme Court Commission on Continuing Legal Education.

Proof of education and training shall be submitted with the application and shall be provided

annually thereafter. Failure to submit proof of continuing education and training requirements will

result in the removal of the attorney from the appointment list. An attorney may request removal

from the appointment list by submitting a written request directed to the Administrative Assistant

to the Judge.

assigned on a rotating basis from the graduated list that pairs the seriousness, complexity and

type of case with the qualifications and experience of the person to be appointed.

Appointments shall take into account all of the following:

(1) The anticipated complexity of the case in which appointment will be made;

(2) Any educational, mental health, language, or other challenges facing the party

for whom the appointment is made;

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Clermont County Juvenile Court

(3) The relevant experience of those persons available to accept the appointment,

including proficiency in a foreign language, familiarity with mental health

issues, and scientific or other evidence issues;

(4) The avoidance of conflicts of interest or other situations that may potentially

delay timely completion of the case;

(5) Intangible factors, including the court or judicial officers view of a potential

appointee’s commitment to providing timely, cost-effective, quality

representation to each prospective client.

(D) The Administrative Assistant to the Judge will review the number of appointments for

each counsel twice per year. The equitable appointment of counsel shall be determined by

type of case and shall not be aggregated from all types of cases. The appointment of counsel

for children in abuse, neglect and dependency cases shall be counted as only one appointment

for all children of a family for purposes of determining the equal distribution of appointments.

(E) Rates of compensation for appointed counsel shall be as determined from time to time by the

Clermont County Board of County Commissioners. In addition, necessary and reasonable

expenses may be allowed for such items as expert witness fees, polygraph exams, long distance

telephone calls, photocopying, and certain travel expenses, so long as prior approval of the

Court is obtained. The Court will not allow for any fixed office overhead expenses, Court

transcripts or depositions, except as provided by law. Expenses shall be submitted within 10 days

of the final disposition in the case and shall be submitted on the approved forms so that the

Court and County can file a claim for state reimbursement. Failure to file the expense report

within 30 days will result in no payment.

(F) Requests for extraordinary fees must be made by written motion and should be submitted

with supporting information, including all regular billing documents. An award for extraordinary

fees will be made only with the approval of the Court.

RULE 22. Guardian Ad Litem

(A) The appointment, training, responsibilities and issuing of reports of Guardians Ad Litem and

the responsibilities of the Court pertaining to Guardians Ad Litem shall be governed by Rule 48

of the Rules of Superintendence for the Courts of Ohio.

(B) Pursuant to Rule 48(F) of the Rules of Superintendence for the Courts of Ohio, inspection of

the report of the guardian ad litem shall constitute a party’s attorney or an unrepresented party

being permitted to read the report and make handwritten notations on separate paper, however, the

report shall not be copied whatsoever, except by Court personnel, or be removed from the

Courthouse. Any copies of the report provided by the Court for the purpose of inspection shall be

collected and destroyed at the conclusion of the inspection process.

the Clermont County Board of County Commissioners. In addition thereto, necessary and

reasonable expenses may be allowed for such items as expert witness fees, polygraph exams, long

distance telephone calls, photocopying, and certain travel expenses, so long as prior approval of

the Judge is obtained. The Court may not allow for any fixed office overhead expenses, Court

transcripts or depositions, except as provided by law.

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1. Expenses shall be submitted within 10 days of the final disposition in the case and shall be

submitted on the approved forms so that the Court and County can file a claim for state

reimbursement. Failure to file the expense report within 30 days will result in no payment.

(D) Requests for extraordinary fees must be made by written motion and should be submitted with

supporting information, including all regular billing documents, to the Director of Court Service.

An award for extraordinary fees will be made only with the approval of the Judge.

(E) The Court may appoint a Guardian Ad Litem to represent the best interest of minor children

in any action over which this Court has jurisdiction, on the Court=s own motion or on the motion

of any party. The appointment shall be made by Court order and duly docketed in the case. The

Guardian Ad Litem shall represent the best interest of the child until discharged by the Court. At

the conclusion of the action, the Guardian Ad Litem shall be discharged by order of the Court.

(F) All filing fees and court costs are waived as to Guardians Ad Litem.

(G) Attorneys accepting appointments to serve as Guardian Ad Litem shall personally represent

the child for which he/she was appointed and shall not, absent an emergency, allow substitute

counsel to represent the child. Repeated failure to personally represent the child shall result in

removal from the lists set forth above.

RULE 23. Allocation of Parental Rights and Responsibilities

(A) All actions concerning the allocation of parental rights and responsibilities for a child shall be

initiated by sworn complaint, or in preexisting cases by motion, and pursuant to Ohio Revised

Code Section 3127.23, shall be accompanied by a Child Custody Affidavit provided by the Court,

or in a format consistent therewith. At any time after filing, the Court may order the parties to

mediation.

(B) Pursuant to Rule 32(D) of the Ohio Rules of Juvenile Procedure, the Court may order an

investigation following the filing of a complaint requesting the allocation of parental rights and

responsibilities or a writ of habeas corpus, or the filing of a motion to modify the allocation of

parental rights and responsibilities. Costs of the investigation will be taxed as costs to the case

and are the sole responsibility of the parties. The report of the investigation shall be confidential,

but shall be made available to the parties or their counsel upon written request not less than three

days before hearing: the party’s attorney or an unrepresented party shall be permitted to read the

report and make handwritten notations on separate paper, however, the report shall not be copied

whatsoever, except by Court personnel, or be removed from the Courthouse. Any copies of the

report provided by the Court for the purpose of inspection shall be collected and destroyed at the

conclusion of the inspection process.

determined without oral hearing, upon affidavits filed in support or opposition.

(D) Any individual seeking custody of a child will be required to sign a waiver for a criminal

background check and the central registry of abuse, neglect and dependency. Any costs associated

with the aforementioned checks shall be the responsibility of the individual requesting a custody

order.

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(E) The party initiating the action shall submit the filing fee at the time of filing. If the party is

indigent and unable to pay the fee, the clerk may accept the filing if accompanied by an affidavit

of indigence.

RULE 23.1. Standard Parenting Time Guidelines

Unless agreed otherwise by the parties, or the facts of a case warrant a deviation pursuant to Ohio

Revised Code §3109.051(D), the Court shall adopt its Standard Parenting Time Guidelines as the

Order of the Court (See Appendix A and Appendix B or visit the Court’s website at

www.probatejuvenile.clermontcountyohio.gov for the Standard Parenting Time Guidelines).

RULE 24. Parentage Actions

(A) Civil Rules Apply The Ohio Rules of Civil Procedure apply to all matters regarding the

establishment of parentage and orders for and modification of child support.

(B) Commencement by Administrative Action

1. Except as provided by Ohio Revised Code Section 3111.381, a person filing an action to

establish parentage or child support must first request an administrative determination

through a Child Support Enforcement Agency. A copy of the request for an administrative

determination must be attached to the complaint or motion.

2. The Child Support Enforcement Agency or a party may file with the clerk any administrative

paternity determination or order for child support to which the parties do not object.

3. The Court may adopt the determination or order after review without hearing. Requests for

judicial review of an administrative determination or child support order will be set for

hearing before a Magistrate.

Actions for parentage, child support, and contempt for failure to pay child support in which a

parent or an alleged parent is a minor require the attendance of the minor parent’s parent or legal

guardian or custodian at all hearings.

(D) Genetic Testing

Advance payment for genetic testing is the responsibility of the requesting party. Repeat genetic

testing may be ordered in the Court’s discretion. At the conclusion of the case, the Court may

assess the costs of genetic testing against the non-prevailing party. When the Child Support

Enforcement Agency has advanced the costs of genetic testing, the Court may order

reimbursement by the non-prevailing party.

(E) Modification of Child Support Order

Motions for modification of a child support order shall state the specific reason for the request and

attach a copy of the most recent order that the party seeks to modify.

(F) Motions to Set Aside

Motions to set aside a finding of parentage and/or an order for child support filed pursuant to Rule

60(B) of the Ohio Rules of Civil Procedure shall set forth the specific reasons for the requested

relief and contain a copy of the order being sought to set aside.

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RULE 25. Traffic Cases

(A) Except as otherwise provided by division (B) of this section, a juvenile cited for a traffic

violation is mandated to personally appear in Court on the assigned date and time with a parent or

legal guardian.

(B) A formal court appearance is not mandatory for the following offenses: Failure to wear a

seatbelt; failure to display tags or expired tags; muffler violations; no headlights or taillights;

window tint violations; bumper height violations; vehicle lighting violations, loud amplifier

violations; other equipment violations (ORC 4513) as approved by the Court; and other violations

as may be added by the Court.

follows: the juvenile and his/her parent or legal guardian must appear at Juvenile Court during

regular business hours prior to the Court date listed on the traffic citation; the juvenile and his/her

parent or legal guardian will enter an admission in writing to the offense charged by signing the

appropriate Admission and Waiver form supplied by the Court; a fine and/or court costs will be

imposed by the Court in accordance with cost schedules adopted by the Court and applicable traffic

laws; the Court will not accept the admission and a Court appearance shall be required if the

imposed fine and/or court costs are not paid at the time of the entry of admission.

RULE 26. Diversion

(A) Pursuant to Juvenile Rule 9(A), if the best interests of the child and of the public require, a

matter may be referred to unofficial status and the child subject to the complaint referred to

diversion, in lieu of formal Court action.

(B) Unofficial cases considered by the Court shall not be subject to the other provisions of these

rules.

from the child’s file when he/she is no longer subject to the jurisdiction of the Juvenile Court.

No person, except for Court staff, shall have access to records of unofficial matters, without the

consent of the Court.

(D) Cases that might otherwise qualify for diversion may remain in an official status where there

are multiple offenders not all of whom are eligible for diversion or where family or other

circumstances indicate that the best interests of the child and the public are not served by a

referral to diversion and unofficial status.

RULE 27. Custody for Unmarried Mothers

Pursuant to Ohio Revised Code Section 3109.042, an unmarried female who gives birth to a child

is the residential parent and legal custodian of the child until a court of competent jurisdiction

issues an order designating another person as the residential parent and legal custodian.

Upon proper application with the Court, an unmarried mother may be issued a custody order from

the Court without a hearing.

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RULE 28. Case Management Plan

Pursuant to Sup. R. 5, the following case management plan establishes time frames for the timely

disposition of cases. The time frames include time for service. Deviation from the established time

frames is permissible to assure a just result.

Delinquency, Unruly, and Traffic Cases

(A) Complaint Filed and Youth Held in Detention

1. A detention hearing will be held not later than 72 hours, or the next court day, whichever

is earlier, after a child is placed in detention. Either a determination to set the matter for

possible relinquishment of jurisdiction or a plea to the charges will be taken at this hearing

[Juv. R. 7(F)(1)].

2. If the charge was filed at the same time the child entered detention and the child denies the

allegations, a trial will be held no later than 15 days after placement in detention. If the

child is detained after the charge is filed, the trial will be held no later than 15 days after

placement in detention. If a charge is filed and the child is already detained on other

charges, the trial will be held within 15 days of the filing of the charge.

The prosecuting attorney’s filing of either a notice of intent to pursue or a statement of an

interest in pursuing a serious youthful offender sentence shall constitute good cause for

continuing the adjudicatory hearing date and extending detention or shelter care.

3. Final disposition for any child in detention will be completed within 90 days of the child

entering into custody.

(B) Complaint Filed and Child Not in Detention

1. A plea hearing will be held within 30 days of a complaint being filed, and if possible,

within 15 days.

2. If the child admits to the charge, the Court will proceed to immediate disposition; or if

appropriate, a dispositional hearing will be held within 21 days.

3. If the child denies the allegations, a trial will be held within 30 days of the plea hearing, and

if possible, within 15 days.

4. Final disposition will be completed within 6 months of the adjudication [Juv. R. 29 (F)(2)].

5. Continuances of any of the above stages may be granted upon a showing of good cause,

but continuances should be for no longer than the period necessary to resolve the good

cause.

Parentage and Child Support Cases

(A) Service of process will be sent as expeditiously as possible after the filing of the complaint.

(B) A hearing will be scheduled in a timely fashion to allow completion of service of process on

the parties following the filing of the complaint.

determination of a support order.

(D) If a defendant denies the allegations, the Court, at the pretrial hearing, may set the date for

genetic testing. The date of the testing will be scheduled as soon as practicable following the pretrial

hearing. The next pretrial will be scheduled as soon as practicable to allow for completion of the

genetic testing.

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(E) If genetic tests show exclusion, the Court may entertain a motion to dismiss.

(F) If genetic tests show inclusion:

1. If a defendant changes his/her plea to admit, the Court may proceed immediately to

determination of a support order;

2. If a defendant continues to deny, a trial will be scheduled as soon as practicable.

(G) Continuances may be granted upon a showing of good cause, but the continuances should be

for no longer than is necessary to resolve the good cause.

Custody and Parenting Time Cases

(A) Service of process will be sent as expeditiously as possible after the filing of the complaint

along with notice of the initial hearing. The hearing shall be scheduled as soon as practicable.

(B) Pretrial matters, including completion of discovery, should be resolved at preliminary hearings.

Trials will be scheduled as soon as practicable following the last preliminary hearing.

be longer than necessary to resolve the good cause.

(D) All custody/parenting time complaints will be resolved within the time guidelines set forth in

the Rules of Superintendence.

Abuse, Neglect, and Dependency Cases

(A) Absent a voluntary agreement for care, when a child is removed from the home, a hearing will

be held the next court date or within 72 hours, whichever is earlier.

(B) When a private agency files a request for permanent commitment based on a permanent

surrender, a hearing will be held within 30 days from the filing.

(D) An adjudicatory hearing will be held within 60 days of the complaint being filed.

(E) Disposition will occur no later than 90 days from the date a complaint was filed, unless the

parties waive such period.

(F) Continuances may be granted upon a showing of good cause, but the continuances should be

no longer than is necessary to resolve the good cause.

RULE 28.1. ABUSE, NEGLECT AND DEPENDENCY CASES

(A) Applicability. This Rule applies to all complaints and cases filed on or after July 1,

2015, in which a child is alleged to be abused, neglected and/or dependent.

(B) Separate Complaints. A separate complaint shall be filed with respect to each child

alleged to be abused, neglected and/or dependent.

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within 60 days, if unavailable at the time of filing.

(D) Related Cases. Upon filing a complaint, the complainant shall have determined if there

are any Related Cases and shall identify any Related Cases to the Clerk. “Related Cases” are:

1. Cases filed at the same time regarding children who have a common

biological or adoptive mother;

2. Cases which meet both of the following criteria:

a) children who have a common biological or adoptive mother; and

b) with respect to any of such mother’s children in a previously filed

abuse, neglect or dependency case, the Court has not made disposition

under R.C. 2151.353 (A)(3-5) of legal custody, permanent custody or

planned permanent living arrangement; or

3. Cases concerning children who have the same legal custodian.

(E) Case Numbers and Case Files. The Clerk shall:

1. Assign consecutive case numbers to Related Cases which are filed

simultaneously;

2. Ensure that identification of any one Related Case in the Court’s

computerized docketing system also identifies all other cases related

thereto.

3. On the outside of each case file of Related Cases, note the case number(s)

of any other Related Cases.

(F) Consolidation. Related Cases are hereby consolidated for purposes of hearings and

trials. Such consolidation need not occur if the Court determines that the interests of justice or

efficiency warrant otherwise. Separate Decisions, Orders, Entries, Summonses and other notices

shall issue under each Related Case number, unless otherwise determined by the Court. Motions

and other filings by parties or other interested persons shall be filed separately under each

Related Case number unless otherwise directed by the Court.

RULE 29. Records Retention Schedule

(A) Judge, Magistrate, and clerk notes, drafts and research prepared for the purpose of compiling

a report, opinion, or other document or memorandum may be kept separate from the case file,

retained in the case file, or destroyed at the discretion of the preparer.

(B) Delinquency and adult records shall be retained for two years after the final order of the

juvenile division or one year after the issuance of an audit report by the Auditor of State, whichever

is later. Documents admissible as evidence of a prior conviction in a criminal proceeding shall be

retained for fifty years after the final order of the juvenile division.

shall contain the first page of the form complaint and other relevant documents and the second file

shall contain the second page of the form complaint bearing the signature of the complainant.

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Each file shall be retained for two years after the final order of the juvenile division or, if an appeal

is sought, for two years after the filing of the appeal.

(D) Permanent custody, custody, parentage, visitation, support enforcement, abuse, neglect,

dependency and URESA/UIFSA records shall be retained for two years after the child who is the

subject of the case obtains the age of majority. If post-decree motions have been filed, records

shall be retained for one year after the adjudication of the post-decree motion or for two years after

the child who is the subject of the motion obtains the age of majority, whichever is later.

(E) Search warrant records shall be indexed and the warrants and returns retained in their original

form for five years after the date of service or last service attempt.

(F) Unruly and marriage consent records shall be retained for two years after the final order of the

juvenile division or one year after the issuance of an audit report by the Auditor of State, whichever

is later. Minor misdemeanor traffic records shall be retained for five years after the final order of

the juvenile division. Misdemeanor traffic records shall be retained for twenty-fiveyears after the

final order of the juvenile division. All other traffic records shall be retained for fifty years after

the final order of the juvenile division.

RULE 30. Electronic Traffic Ticket

The use and filing of a traffic ticket that is produced by computer or other electronic means is hereby

authorized in the Clermont County Juvenile Court pursuant to Traffic Rule 3(F). The electronically

produced traffic ticket shall conform in all substantive respects to the Ohio Uniform Traffic Ticket.

If an electronically produced traffic ticket is issued at the scene of an alleged offense, the issuing

officer shall serve the defendant with the defendant's paper copy of the ticket as required by division

(E) of Traffic Rule 3. The court record of the ticket shall be filed with the Clermont County Juvenile

Court on paper of sufficient quality to allow the court record copy to remain unchanged for the period

of the retention schedule for the various traffic offenses as prescribed by the Rules of

Superintendence for the Courts of Ohio. The court record of the ticket may also be filed

electronically with the court in lieu of the paper court record. A law enforcement officer who

files a ticket with the court and electronically affixes the officer's signature thereto shall be

considered to have certified the ticket and shall have the same rights, responsibilities and

liabilities as with all other traffic tickets issued pursuant to the authority granted by the Rules

of Superintendence for the Courts of Ohio.

RULE 31. Electronic Signatures

(A) Electronic signatures of the judge, magistrates and clerks of this court may, at the sole

discretion of the signatory, be affixed to documents, entries, decisions, and orders issued

by this court. The judge and magistrates may affix their electronic signature or direct a

clerk of the court to affix their electronic signature. Electronic signatures issued in

accordance with this rule shall have the same force and effect as a manual signature by the

signatory.

(B) Attorneys for the Clermont County Child Support Enforcement Agency may submit

complaints, entries, and all other court filings to the Clerk of Courts with their electronic

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signatures. The electronic signature shall comply with a format and processes of

authentication as outlined in Paragraph D of this Local Rule.

stored by electronic means.

(D) “Electronic signature” means an electronic sound, symbol, image, or process attached to

or logically associated with a record and executed or adopted by a person with the intent

to sign the record. Electronic signatures utilized by this court shall be subject to the

following procedure:

(1) The electronic signature creation data shall at all times be under the control of the

signatory.

(2) The electronic signature created by the electronic signature creation data shall be

capable of verification as authentic by the court. The case management system

will receive the electronic record. The electronic record will be created within the

case management system or from an application outside of the court. The login

will involve a user name and password which are unique to the sender. A secure

The user name and/or password shall be approved by the administrator of the court

application. Secure password procedures shall be utilized.

(3) The electronic signature shall be linked to the data in the electronic document to

which it pertains in such a manner so as to assure that, if the data are changed after

the electronic signature is entered, the electronic signature shall be invalidated.

Such invalidation shall be readily detectable in both the electronically stored signed

document and in any paper copy of that document generated from the electronically

stored data.

(4) An electronic signature in an electronic record filed with the court in accordance

with this Local Rule shall be presumed to be authentic. If established upon motion

of the signor or the signor’s personal representative that an electronic signature was

transmitted without authority or modified from the signor adopted, the court may

order the filing stricken.

(5) The electronic record shall demonstrate that the electronic signature is associated

with the electronic record. Any electronic or paper output from the case

management system shall indicate that the record was signed electronically and

identified by name the person who electronically signed the electronic record.

RULE 32. Use of Child Restraints

Physical restraint of a child in court proceedings shall not be utilized unless the judge or

magistrate before whom the child is appearing makes an individualized determination on the

record that there is no less restrictive alternative to the use of physical restraint and that the

physical restraint of the child is necessary because the child represents a current and significant

threat to the safety of the child’s self or other persons in the courtroom, or there is a significant

risk the child will flee the courtroom.

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The child who is the subject of a juvenile court proceeding, the child’s spouse, if any, the child’s

parent or parents, or if the parent of a child is a child, the parent of that parent, in appropriate cases,

the child’s custodian, guardian or guardian ad litem, the child’s counsel, the state, court security

staff, detention personnel, probation officers, and any other person specifically designated by the

court shall have the right upon written or verbal request to be heard on the issue of whether the use

of physical restraint is necessary for that particular child at that particular proceeding. The

juvenile may attend the restraint hearing or may be excused from the hearing on the child’s request.

If the judge or magistrate determines that physical restraint is necessary, the restraint shall be the

least restrictive means necessary to meet the risk requiring the restraint as determined by the judge

or magistrate. Such restraint should not unnecessarily restrict the movement of the child’s hands.

This rule shall not prohibit the use of restraints during transportation to and from the court or in

the court buildings either before or after hearings.

RULE 33.1. Application for Appointment

An individual or a legal organization, through an authorized agent, may apply to be

appointed as a Special Process Server for Clermont County Juvenile Court.

RULE 33.2. General Requirements for all Applicants

(i) The Applicant shall file an Application for an Appointment as a Special Process

Server which substantially complies with Form 1.

(ii) With each Application, the Applicant shall file an Affidavit which shall aver all of

the following:

a. The Applicant is 18 years of age or older;

b. The Applicant will not serve any process in which he or she may be a party in

the action;

c. The Applicant has no familial relationship to any party in any action for which

he or she may serve process;

d. The Applicant has no felony criminal record in Ohio, in any other state, or the

United States;

e. The Applicant will carry out his or her duties in accordance with all applicable

Court Rules and the laws of Ohio.

f. If the Applicant is an authorized agency of any legal organization and more

than one employee of the organization may serve process for the organization,

each additional employee shall be identified and shall satisfy the requirements

set forth at 33.2(ii)(a-e) as fully as if that person had submitted his or her own

signed Affidavit.

(iii) All Applicants shall submit the required Affidavit in substantial compliance with

Form 2.

(iv) With each Application and Affidavit, all Applicants shall present an order which

shall be reviewed and signed by the Judge. This order shall substantially comply

with Form 3.

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(v) The Clerk shall record the Application and Affidavit when submitted by an

Applicant as a miscellaneous civil case filing. When the order is signed, it shall

also be entered on the Clerk’s docket and a copy then provided to the Applicant.

No Applicant may serve process until a signed order has been filed with the Clerk

and provided to the Applicant.

RULE 33.3. Term for a Special Process Server

(i) An Applicant may request to be appointed as a one-time Special Process Server

for a particular matter. In this instance, the Applicant’s term shall terminate when

the case is terminated by a final entry or as otherwise ordered by the Judge.

(ii) An Applicant may request to be appointed as a Standing Process Server. The

term for a Standing Process Server is one year from the date the signed order

granting the Application is journalized. A Standing Process Server may serve

process in any action pending in this Court during this term.

(iii) No duly appointed Special Process Server may represent or advertise to the

public, in any manner, that he or she is the official Process Server for the Court.

(iv) After the Applicant is duly appointed as a Special Process Server under this Rule,

he or she shall present a time-stamped copy of the signed order to the Clerk to

verify his or her appointment.

(v) If any Standing Process Server seeks to continue any term, he or she shall, not

later than 30 days prior to the expiration of the current term, file an Application,

Affidavit, and proposed order as herein required seeking to be reappointed for

another term.

RULE 34. Parenting Coordination

34.1 Definitions

As used in this rule:

(A) Domestic Abuse

“Domestic abuse” means a pattern of abusive and controlling behavior that may

include physical violence; coercion; threats; intimidation; isolation; or emotional, sexual,

or economic abuse.

(B) Domestic Violence

“Domestic violence” has the same meaning as in R.C. 3113.31(A)(1).

“Parenting coordination” means a child-focused dispute resolution process

ordered by the Court to assist parties in implementing a parental rights and

responsibilities or companionship time order using assessment, education, case

management, conflict management, coaching, or decision-making. “Parenting

coordination” is not mediation subject to R.C. Chapter 2710, R.C. 3109.052, or Sup. R.

16, nor arbitration subject to R.C. Chapter 2711 or Sup. R. 15.

(D) Parenting Coordinator

“Parenting coordinator” means an individual appointed by the Court to conduct

parenting coordination.

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34.2 Purpose

The purpose of this rule is to facilitate the earliest possible resolution of disputes

related to parental rights and responsibilities or companionship time orders.

34.3 Scope

Parent coordination may be ordered at any time after a parental rights and

responsibilities or companionship time order is filed, but not to determine the following:

(A) Whether to grant, modify, or terminate a protection order;

(B) The terms and conditions of a protection order;

(D) Changes in the designation of the primary residential parent or legal

guardian;

(E) Changes in the primary placement of a child.

34.4 Appointment

(A) Reasons for Ordering Parenting Coordination

The Court may order parenting coordination sua sponte or upon written or oral

motion by one or both parties, when one or more of the following factors are present:

(1) The parties have ongoing disagreements about the implementation of a

parental rights and responsibilities or companionship time order and need ongoing

assistance;

(2) There is a history of extreme or ongoing parental conflict that has been

unresolved by previous litigation or other interventions and from which a child of

the parties is adversely affected;

(3) The parties have a child whose parenting time schedule requires frequent

adjustments, specified in an order of the Court, to maintain age-appropriate

contact with both parties, and the parties have been previously unable to reach

agreements on their parenting time schedule without intervention by the Court;

(4) The parties have a child with a medical or psychological condition or

disability that requires frequent decisions regarding treatment or frequent

adjustments in the parenting time schedule, specified in an order of the Court, and

the parties have been previously unable to reach agreements on their parenting

time schedule without intervention by the Court;

(5) One or both parties suffer from a medical or psychological condition or

disability that results in an inability to reach agreements on or make adjustments

in their parenting time schedule without assistance, even when minor in nature;

(6) Any other factor as determined by the Court.

(B) Parenting Coordinator Qualifications

The Court may appoint an individual as a parenting coordinator who meets all of

the following qualifications:

(1) A master’s degree or higher, a law degree, or education and experience

satisfactory to the Court;

(2) At least two years of professional experience with situations involving

children, which includes parenting coordination, counseling, casework, legal

representation in family law matters, serving as a guardian ad litem or mediator,

or such other equivalent experience satisfactory to the Court;

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(3) Completion of the following training approved by the Dispute Resolution

Section of the Supreme Court of Ohio:

(a) At least twelve hours of basic mediation training;

(b) At least forty hours of specialized family or divorce mediation

training;

and dispute resolution;

(d) At least twelve hours of specialized training in parenting

coordination.

Community parenting coordinators shall complete and submit the application for

the parenting coordinator appointment list. The application shall include a resume stating

the applicants training, experience and expertise and the applicant’s ability to successfully

perform the duties and responsibilities of the parenting coordinator. The applicant’s

background disclosure statement and proof of malpractice insurance should be included

with the application.

Cases

In addition to the qualifications under 34.4(B) of this rule, the Court may appoint a

parenting coordinator to an abuse, neglect, or dependency case, provided the parenting

coordinator meets both of the following qualifications:

(1) Significant experience working with family disputes;

(2) At least thirty-two hours of specialized child protection training that has

been approved by the Dispute Resolution Section of the Supreme Court.

(D) Parenting Coordinator Continuing Education

To maintain eligibility for appointment, a parenting coordinator shall

complete at least three hours per calendar year of continuing education relating to

children that has been approved by the Dispute Resolution Section of the Supreme

Court.

(E) Parenting Coordinator Appointment Order

The appointment order shall set forth all of the following:

(1) The name of the parenting coordinator and any contact information the

Court may choose to include;

(2) The specific powers and duties of the parenting coordinator;

(3) The term of the appointment;

(4) The scope of confidentiality;

(5) The parties’ responsibility for fees and expenses for services rendered by

the parenting coordinator;

(6) Parenting coordination terms and conditions;

(F) Selection of Parenting Coordinator for Appointment

The parenting coordinator who meets the qualifications in division 34.4(B) of this

rule and, if applicable division (C), shall be selected using one of the following:

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(1) Random selection by the Court from the Court’s roster of parenting

coordinators;

(2) Specific appointment based on the type of case and the qualifications and

caseload of the parenting coordinator;

(3) Parties select a parenting coordinator from the Court’s roster of parenting

coordinators;

If a party objects to the appointment of a particular parenting coordinator, the

party shall file a motion supported with an affidavit that states the objections with

specificity. The Court will conduct a hearing.

(G) Prohibited Parenting Coordinator Appointments

The Court shall not appoint a parenting coordinator who does not possess the

qualifications in division 34.4(B) of this rule and, if applicable division 34.4(C), or who

has served or is serving in a role that creates a professional conflict including, but not

limited to, a child’s attorney or child advocate; guardian ad litem; custody evaluator;

therapist, consultant, coach, or other mental health role to any family member; or attorney

for either party. Parties may not waive this prohibition.

(H) Appointment of Mediator as Parenting Coordinator

With written consent of the parties, the Court may appoint a mediator to serve as

the parenting coordinator with the same family.

(I) Termination or Modification of Parenting Coordinator Appointment

Upon motion of a party, for good cause shown, or sua sponte, the Court may

terminate or modify the parenting coordinator appointment.

34.5 Parenting Coordinator Responsibilities

(A) Ability to Perform Duties

A parenting coordinator shall report to the Court any activity, criminal or otherwise,

that would adversely affect the parenting coordinator’s ability to perform the functions of

a parenting coordinator.

(B) Compliance with Appointment Order

A parenting coordinator shall comply with the requirements of and act in

accordance with the appointment order issued by the Court.

A parenting coordinator shall maintain independence, objectivity, and

impartiality, including avoiding the appearance of partiality, in dealings with

parties and professionals, both in and out of the courtroom.

(D) Conflicts of Interest

(1) A parenting coordinator shall avoid any clear conflicts of interest arising

from any relationship activity, including but not limited to those of employment or

business or from professional or personal contacts with parties or others

involved in the case. A parenting coordinator shall avoid self-dealing or

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associations from which the parenting coordinator may benefit, directly or

indirectly, except from services as a parenting coordinator.

(2) Upon becoming aware of a clear conflict of interest, a parenting

coordinator shall advise the Court and the parties of the action taken to resolve the

conflict and, if unable to do so, seek the direction of the Court.

(E) Ex parte Communications

A parenting coordinator shall not have ex parte communications with the Court

regarding substantive matters or issues on the merits of the case.

(F) Legal Advice

A parenting coordinator shall not offer legal advice.

(G) Reporting

(1) A parenting coordinator shall submit a resume to the Court documenting

compliance with division 34.4(B) and, if applicable, division 34.4(C); provide an updated

resume to the Court in the event of any substantive changes; and notify the Court of any

changes to name, address, telephone number and, if available, electronic mail address

contained in the resume.

(2) On or before January 1st of each year, a parenting coordinator shall report

to the Court a list of all continuing education training completed during the previous year

pursuant to Rule 34.4(D), including the sponsor, title, date, and location of each training.

A parenting coordinator shall not be eligible for appointment until this requirement is

satisfied. The parenting coordinator shall complete three hours of continuing education for

each calendar year of deficiency.

(3) On or before January 1

of each year, the parenting coordinator shall

provide a list of the parenting coordinator’s active parenting coordination cases to the

Clermont County Juvenile Court.

34.6 Parenting Coordination Procedures

(A) Screening for and Disclosure of Domestic Abuse and Domestic Violence

(1) All cases shall be screened for domestic abuse and domestic violence by

the parenting coordinator before the commencement of the parenting coordination

process and by the parenting coordinator during the parenting coordination

process.

(2) All parties and counsel shall immediately advise the parenting coordinator

of any domestic violence convictions and/or allegations known to them or which

become known to them during the parenting coordination process.

(3) When domestic abuse or domestic violence is alleged, suspected, or

present, before proceeding, a parenting coordinator shall do each of the following:

(a) Fully inform the person who is or may be the victim of domestic

abuse or domestic violence about the parenting coordination process and

the option to have a support person present at parenting coordination

sessions;

(b) Have procedures in place to provide for the safety of all persons

involved in the parenting coordination process;

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session/process if there is a continued threat of domestic abuse, domestic

violence, or coercion between the parties.

(B) Disclosure of Abuse, Neglect, and Harm

A parenting coordinator shall inform the parties that the parenting

coordinator shall report any suspected child abuse or neglect and any apparent

serious risk of harm to a family member’s self, another family member, or a third

party to child protective services, law enforcement, or other appropriate authority.

A parenting coordinator shall report child abuse or neglect pursuant to the

procedures set forth in R.C. 2151.421.

(1) Parties shall attend parenting coordination sessions. Requests to

reschedule parenting coordination sessions shall be approved by the parenting

coordinator.

(2) A parenting coordinator shall allow attendance and participation of the

parties and, if the parties wish, their attorneys and any other individuals

designated by the parties. A party shall notify the parenting coordinator at least

one week before the session should a party want his/her attorney or other

designated individual to attend.

(3) Parties shall notify parenting coordinator and the court of any changes of

address, telephone number and electronic mail address.

(4) The parenting coordinator may notify the court of noncompliance and

request that sanctions be levied against the offending party.

(D) Referrals to Support Services

A parenting coordinator shall provide information regarding appropriate referrals

to resources including legal counsel, counseling, parenting courses or education, and other

support services for all parties, including, but not limited to, victims and suspected victims

of domestic abuse and domestic violence.

(E) Parenting Coordination Agreements, Reports, and Decisions

(1) Parties shall sign and abide by agreements reached during a parenting

coordination session, which shall be maintained in the parenting coordination file.

The parenting coordinator shall provide a copy to each party and their attorneys, if

any.

(2) Upon request by the Court, the parenting coordinator shall prepare a

written report including, but not limited to, all of the following:

(a) Dates of parenting coordination session(s);

(b) Whether the parenting coordination session(s) occurred or was

terminated;

including the name of the requestor and the whether the request was

approved;

(d) Whether an agreement was reached on some, all, or none of the

issues;

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(e) Who was in attendance at each session(s);

(f) The date and time of a future parenting coordination session(s);

(g) Whether any decisions were written and if so, the date(s);

(3) The parenting coordinator shall first attempt to assist the parties in reaching

an agreement that resolves the dispute. If the parties are unable to reach an

agreement, the parenting coordinator shall issue a written decision that is effective

immediately. The parenting coordinator shall provide copies to the parties and their

attorneys, if any. The decision shall be immediately filed with the Court and

include all of the following:

(a) Case caption, including the case number;

(b) Date of the decision;

(d) Facts of the dispute and facts upon which the decision is based;

(e) Reasons supporting the decision;

(f) The manner in which the decision was provided to the parties;

(g) Any other necessary information.

(4) A party may file written objections to a parenting coordinator’s decision

with the Court and serve all other parties to the action within fourteen days of the

filing date of the decision. If any party timely files objections, any other party

may also file objections with the Court and serve all other parties to the action,

not later than ten days after the first objections are filed. A hearing may be

scheduled, upon request, at the discretion of the Court. A judge or magistrate

shall issue a ruling on the objections based upon a De Novo Standard of review.

(F) Parenting Coordinator Evaluations and Complaints

(1) A parenting coordinator shall provide participants with the Parenting

Coordinator Evaluation form, provided by the Court, prior to the first parenting

coordination session and at the end of the term of the appointment.

(2) The Court shall complete a review of the parenting coordinators on the

Court’s roster in January of each year.

(3) A party to a case appointed to parenting coordination may file a complaint

regarding the parenting coordinator within one year from the termination of the

appointment. The complaint shall be submitted to the Court Administrator, and

include all of the following:

(a) The case caption and case number;

(b) The name of the parenting coordinator;

complaint;

(d) The nature of any alleged misconduct or violation;

(e) The date the alleged misconduct or violation occurred;

(4) The Court Administrator shall provide a copy of the complaint to the

parenting coordinator;

(5) The parenting coordinator has fourteen days from the date of the receipt of

the complaint to respond in writing to the Court Administrator.

(6) The Court Administrator shall conduct an investigation into the allegations

and shall issue a response within thirty days from the date the complaint was

received.

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(G) Fees

All fees shall be determined by the Court and included in the appointment order.

Fees shall be waived for indigent parties.

(H) Stay of Proceedings

Unless otherwise provided by court order, referral of a case to parenting

coordination stays a case until further notice. The Clerk of Court shall not accept for

filing any documents while a case is in parenting coordination with the following

exceptions:

(1) An objection to a parenting coordinator’s decision;

(2) A motion to lift the stay;

(3) A response to a motion to lift the stay;

(4) An application to dismiss the case;

(5) A notice related to counsel;

(6) A motion for changes in the designation of the primary residential parent

or legal guardian;

(7) A motion for changes in the primary placement of a child;

34.7 Confidentiality and Privilege

Except as provided by law, communications made as part of parenting coordination,

including communications between the parties and their children and the parenting

coordinator, communications between the parenting coordinator and other relevant parties,

and communications with the Court, shall not be confidential or privileged except as

provided by law.

34.8 Release of Records

The parties shall allow the parenting coordinator access to any records that the

parenting coordinator deems necessary to adequately perform his/her role. Upon request

of the parenting coordinator, parties shall sign any and all necessary authorizations to

release records and information to the parenting coordinator.

34.9 Public Access

The files maintained by a parenting coordinator but not filed with the Clerk of Court

or submitted to the Court shall not be available for public access pursuant to Rules 44

through 47 of the Rules of Superintendence for the Courts of Ohio.

34.10 Model Standards

The Court and a parenting coordinator shall comply with the “Guidelines for

Parenting Coordination” developed by the Association of Family and Conciliation Courts

Task Force on Parenting Coordination. Wherever a conflict exists between the “Guidelines

for Parenting Coordination” and this rule, this rule shall control.

34.11 Court Reporting Requirements

On or before February 1st of each year, the Court shall file with the Dispute

Resolution Section of the Supreme Court all of the following:

(A) A copy of this rule;

(B) A copy of the Court’s current roster of parenting coordinators;

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coordinator during the previous year;

(D) A list of continuing education training received from each parenting coordinator.

34.12 Sanctions

The Court may impose sanctions for any violation of this rule which may include,

but is not limited to, attorney’s fees and other costs, forfeiture of paid fees, additional fees,

contempt, or other appropriate sanctions at the discretion of the Court.

RULE 35. Mediation

35.01 Ohio Uniform Mediation Act

The Court hereby adopts and incorporates by reference as if fully written herein the

provisions of the Ohio Uniform Mediation Act set forth in Chapter 2710 of the

Ohio Revised Code, the provisions of §3109.052 of the Ohio Revised Code dealing

with Mediation of Differences as to Allocation of Parental Rights and

Responsibilities and Rule 16 of the Ohio Rules of Superintendence.

Cases eligible for mediation shall include, but not be limited to those actions

concerning the allocation of parental rights and responsibilities or the care of, or

parenting time or companionship time with minor children or delinquency or status

offenses, and abuse, neglect and dependency cases.

35.02 Cases Eligible for Mediation

The Court has discretion to encourage parties to use mediation in any civil action

filed in this court. A case may be submitted to mediation as provided in this rule.

The Judge or Magistrate may issue an order on its own motion, upon the motion of

counsel, upon the request of a party, or upon referral by the mediator.

35.03 Mediation Prohibited

Mediation is prohibited in the following circumstances:

(a) As an alternative to the prosecution or adjudication of domestic

violence;

(b) In determining whether to grant, modify, or terminate a protection order;

(d) In determining the penalty for violation of a protection order;

(e) When parties do not have the capacity to mediate upon screening.

Mediation shall not be prohibited in a subsequent custody case, even though the

case may result in the termination of the provisions of a protection order issued

pursuant to §2151.34 and §3113.31 of the Ohio Revised Code.

35.04 Referrals to Mediation

The Judge or Magistrate may refer a case to mediation at any time. A party may

request to participate in mediation by filing a motion or joint motion with the court,

or by making an oral request for a referral to mediation on the record. The

assignment clerk may refer cases involving shared parenting, companionship time,

and custody cases when it appears the parties are amenable to mediation.

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35.05 Procedure for Mediation

(A) Notice of Hearings

Notice of the mediation hearing shall, at a minimum, state the date, time, place and

contact information. Participants will be contacted by mail or by phone or other

medium when necessary.

(B) Attendance, Participation and Conduct of Proceedings

A mediator may meet with the parties individually prior to bringing the parties

together for any reason. The mediator may schedule multiple mediation sessions

for resolution of the issues. The mediator should screen for domestic violence both

before and during mediation.

Each party shall attend the mediation session in person, unless otherwise directed

by the mediator. Each party may have a support person accompany the party to

mediation. Each party shall be prepared to negotiate an agreement as to any or all

issues. The Court will notify the parties of their right to have counsel present for

mediation and their right to waive presence of legal counsel, which may be

rescinded at any time. The mediator shall inform each party of their right to

continue the mediation to consult counsel or to terminate the mediation.

To ensure prompt resolution of any issues in dispute, the mediator shall have the

duty and authority to set the time for all mediation sessions, including private

meetings between the mediator and each party, provided that a party may object to

meeting with the mediator without counsel present. The mediator shall have the

authority to establish a deadline for the parties to act upon a proposed settlement.

The mediator shall control all procedural aspects of the mediation not otherwise set

by the court.

If an agreement is reached, the mediator shall inform each party the agreement has

no binding effect until it is adopted by the Court, and that either party may withdraw

from the agreement prior to the court’s approval of the agreement. The parties may

request to place their agreement on the record immediately following the mediation.

If the mediator determines at any time that mediation should be discontinued, the

mediator may terminate the proceeding and refer the matter back to the court.

A party is entitled to have their respective counsel present for the mediation

sessions.

A party who is not represented by counsel shall attend mediation only if they have

waived the right to counsel. Parties represented by counsel may attend mediation

without counsel only where the right to have counsel present at the mediation has

been specifically waived. Parties waiving counsel at mediation must fill out and

sign a “Waiver of Counsel at Mediation” form prior to participation in mediation.

Waivers may be rescinded at any time.

(D) Continuances

Scheduled mediations may be continued only for good cause after a mutually

acceptable future date has been determined. The case may be continued by the

Judge, Magistrate, Mediator or a party. All requests for continuances by a party

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shall be in writing and filed no later than 10 days prior to the scheduled mediation

date.

(E) Sanctions

If a party fails to attend a mediation proceeding without good cause, the court may

impose sanctions which may include but are not limited to, the award of attorney

fees and other costs, contempt or other appropriate sanctions at the discretion of the

Judge or Magistrate.

(F) Fees and Costs

The Court may impose upon the parties fees and costs for mediation. If there is a

fee for mediation, unless otherwise agreed by the parties or order of the Court, the

fees shall be shared equally. The court may waive fees and costs for an indigent

party.

(G) Stay of Proceedings

No court order is stayed or suspended during the mediation process except by

written court order. Mediation will not stay discovery, which may continue through

the mediation process unless agreed upon by the parties and approved by the Judge

or Magistrate assigned to the case. All court orders continue in effect.

(H) Mediator Conflict of Interest

A mediator shall avoid any actual or apparent conflicts of interest arising from any

relationship or activity, including but not limited to those of employment or

business or from professional or personal contacts with parties or others involved

in the dispute. A mediator shall avoid self-dealing or association from which the

mediator might directly or indirectly benefit, except from compensation for

services as a mediator.

The mediator conducting a mediation session shall disclose to the mediation parties,

counsel, if applicable, and any non-party participants any known possible conflicts

that may affect the mediator’s impartiality as soon as such conflict(s) become

known to the mediator. If counsel or a mediation party requests that the mediator

withdraw because of the facts so disclosed, the mediator may withdraw in favor of

another mediator. If the mediator determines that withdrawal is not warranted, the

mediator may elect to continue. The objecting party may then request the judge to

remove the mediator. The judge may remove the mediator and appoint another

mediator. If the judge decides that the objection is unwarranted the mediator shall

proceed as scheduled, or, if delay was necessary, as soon after the scheduled date

as possible.

The requirements of this rule are in addition to and do not supersede the

requirements of R.C.§2710.08. Wherever a conflict exists between this rule and

R.C.§2710.08, the statute shall control.

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(I) Domestic Violence and/or Fear of Violence

All parties, via the mediation referral sheet, and counsel shall advise the judge or

magistrate of any domestic violence allegations known to them to exist or to have

existed in the past, or which become known to them following the referral to

mediation.

Mediation may proceed, when violence or fear of violence is alleged, suspected, or

present, only if all the following conditions are satisfied:

(a) The person who is or may be the victim of domestic violence is fully

informed, both orally and in writing, about the mediation process, the right to

decline participation in the mediation process, and the option to have a support

person in addition to an attorney, present at mediation sessions.

(b) The parties have the capacity to mediate without fear of coercion or control.

who is or may be the victim of domestic violence and all other persons present at

the mediation.

(d) Procedures are in place for the mediator to terminate mediation if he or she

believes there is continued threat of domestic violence or coercion between the

parties.

(e) Procedures are in place for issuing written Findings of Fact, as required by

R.C.§3109.052, to refer certain cases involving domestic violence to mediation.

(J) Referral to Resources

The court shall maintain resources for mediation parties, including victims and

suspected victims of domestic violence, encouraging appropriate referrals to legal

counsel and other support services such as Children Services, domestic violence

prevention, counseling, substance abuse, and mental health services.

(K) Confidentiality

All mediation communications related to or made during the mediation process are

subject to and governed by the Uniform Mediation Act. Mediation

communications are confidential, and no one shall disclose any of these

communications unless all parties and the mediator consent to disclosure. This

court may impose penalties for any improper disclosures made in violation of this

rule. Disputes regarding confidentiality should first be addressed with the mediator

where possible.

By participating in mediation, a nonparty participant, as defined by

R.C.§2710.01(D), submits to the Court’s jurisdiction to the extent necessary for

enforcement of this rule. Any nonparty participant shall have the rights and duties

under this rule as are attributed to parties, except that no evidence privilege shall be

expanded.

All mediation communications are confidential with the following exceptions:

(i) Parties may share all mediation communications with their attorneys;

(ii) Certain threats of abuse or neglect of a child or an adult;

(iii) Statements made during the mediation process to plan or hide an

ongoing crime;

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(iv) Statements made during the mediation process that reveal a felony.

35.06 Abuse, Neglect and Dependency Mediation

Mediation in child abuse, neglect, or dependency cases shall comply with all

provisions outlined above in Section 35.05 of this Rule.

All unrepresented parties shall attend mediation unless a party has provided a

written waiver of their right to counsel in open court. The written waiver must

contain a notice in bold print that the waiver may be withdrawn at any time. All

parties represented by counsel shall attend with counsel unless their right to have

counsel present has been specifically waived. A waiver may be rescinded at any

time.

35.07 Responsibility of Mediator

(A) General Responsibilities

In order to provide a fair mediation process for parties, a mediator shall remain

impartial and neutral and shall comply with all of the following:

(1) The “Core Values of Mediation,” as approved by the Supreme

Court Dispute Resolution Section in accordance with recommendations

established by the Commission on Dispute Resolution;

(2) The “Model Standards of Conduct for Mediators” adopted by the

American Bar Association, American Arbitration Association, and the

Association for Conflict Resolution;

(3) The “Model Standards of Practice for Family and Divorce

Mediation” adopted by the Association for Family and Conciliation

Courts;

(4) The “Guidelines for Child Protection Mediation” adopted by the

Association for Family and Conciliation Courts.

(B) Legal Advice

A mediator shall not offer legal advice.

(1) A mediator shall meet the qualifications and comply with all training

requirements of Sup.R.16.23 and local court rules governing mediators and

mediation adopted in Clermont County Juvenile Court Local Rule 35.

(2) A mediator shall meet the qualifications for mediators and promptly

advise the court of any grounds for disqualification or any issues affecting

the ability to serve.

(3) Upon request, a mediator shall provide the court documentation

indicating compliance with all training and education requirements so that

the court may meet the requirements of Sup.R.16.24(A)(1)(d). The

documentation shall include information detailing the date, location,

contents, credit hours, and sponsor of any relevant training.

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35.08 Mediator Training and Education

(A) Training

(1) A mediator shall complete “Fundamentals of Mediation Training”

approved by the Supreme Court Dispute Resolution Section in accordance

with standards established by the Commission on Dispute Resolution.

(2) A mediator shall not be required to complete training pursuant to

division (A)(1) of this rule if any of the following apply:

(a) Prior to January 1, 2020, the mediator has completed at

least twelve hours of basic mediation training;

(b) Prior to January 1, 2020, the mediator has served as a full-

time mediator for a minimum of three years or mediated at least

forty-five cases, in which case the mediator shall complete the

“Advanced Mediation Workshop” approved by the Supreme Court

Dispute Resolution Section in accordance with standards

established by the Commission on Dispute Resolution;

mediation or dispute resolution program at an American Bar

Association accredited law school, has completed mandatory

coursework in fundamental mediation topics, and mediates under

the supervision of faculty at the law school.

B. Education

(1) Prior to accepting a referral from a court for disputes involving the

termination of marriage; the allocation of parental rights and

responsibilities; the care of or visitation with minor children; unruly and

delinquency cases; or juvenile civil protection order cases pursuant to

R.C.§2151.34 or R.C.§3113.31, a mediator shall meet all of the

following qualifications.

(a) Possess a bachelor’s degree, or equivalent educational

experience as is satisfactory to the court, and at least two years of

professional experience with families, including counseling,

casework, legal representation in family law matters, or such other

equivalent experience satisfactory to the court.

(b) Comply with the requirements of division (A) of this rule;

Training” approved by the Supreme Court Dispute Resolution

Section in accordance with standards established by the

Commission on Dispute Resolution, provided that a mediator who

is mediating a delinquency or unruly case may do so even if the

mediator has not taken this training;

(d) Complete “Specialized Domestic Abuse Issues and

Mediation Training” approved by the Supreme Court Dispute

Resolution Section in accordance with standards established by the

Commission on Dispute Resolution unless either of the following

apply:

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(i) The mediator is co-mediating with another mediator

who has completed the training;

(ii) The mediator is a law student enrolled in a clinical

mediation or dispute resolution program at an American

Bar Association accredited law school, has completed

mandatory coursework in fundamental and domestic abuse

mediation topics, and mediates under the supervision of

faculty at the law school who has completed the training;

(2) Prior to accepting a referral for disputes involving abuse, neglect,

and dependency, a mediator shall meet all of the following qualifications:

(a) Possess significant experience mediating family disputes;

(b) Complete the requirements of division (B)(1) of this rule;

Training” approved by the Supreme Court Dispute Resolution

Section in accordance with standards established by the

Commission on Dispute Resolution.

(3) Prior to accepting a referral for dispute involving school

attendance mediation, a mediator shall meet either of the following

qualifications:

(a) Complete the requirements of division (A) of this rule;

(b) Complete “School Attendance Mediation Training”

approved by the Supreme Court Dispute Resolution Section in

accordance with standards established by the Commission on

Dispute Resolution.

35.09 Public Access

The files maintained by a mediator but not filed with a clerk or submitted to a court

shall not be available for public access pursuant to Sup.R.44 through 47.