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The Judges of the Franklin County Court of Common Pleas, Division of Domestic Relations and Juvenile Branch, will consider the following amendments to their Local Rules at their meeting on August 30, 2004. Comments may be submitted through August 18, 2004, to Don Martin, Assistant Court Director, 373 South High Street, Third Floor, Columbus, Ohio 43215, or by e-mail at Don_Martin@Fccourts.org.

DOMESTIC RULE 19 & JUVENILE RULE 30. PHOTOGRAPHIC IDENTIFICATION All parties and persons seeking relief from this Court may be required to exhibit picture identification or other acceptable identification, and proof of a current address. Effective 9/1/04

DOMESTIC RULE 23. CHILD SUPPORT AND SPOUSAL SUPPORT MODIFICATIONS

Upon the filing of a motion requesting modification of an existing child support or spousal support order based upon a change of financial circumstances, each party shall file an affidavit setting forth their current and past income and personal earnings. If either party seeks modification of a spousal support order or deviation from the amount of child support calculated pursuant to the basic child support schedule and applicable worksheet, each party shall include in their affidavit a list of their current and past itemized expenses., and Iif a that party has remarried he shall also set forth his/her spouse's current income. All information contained in the affidavit must be accurate. Any information that is estimated must be clearly identified. Blank spaces or "N/A" are unacceptable responses. Failure to timely submit an accurate affidavit may result in dismissal of the motion to modify.

If a party seeks to modify an alimony order entered in a divorce or dissolution on or after May 2, 1986, or a spousal support order entered in a divorce or dissolution on or after January 1, 1991, that party shall aver in his/her affidavit that the divorce decree or separation agreement incorporated into the divorce or dissolution decree, contains a provision specifically authorizing the court to modify the amount or terms of alimony or spousal support.

The affidavit of the moving party shall accompany the motion when filed. The affidavit of the responding party shall be filed and served on the opposing party or his counsel not less than fourteen days prior to hearing. The affidavits filed pursuant to this rule shall be on the form authorized by the Court or in a format consistent therewith. (Effective 1/1/90, Amended eff. 7/1/95; 9/1/04)

DOMESTIC RULE 24. Health Insurance Disclosure Affidavit

In any petition for Dissolution of a Marriage or complaint for Divorce or Legal Separation involving minor children, any complaint for custody, support, paternity, or motion for the establishment or modification of support or motion for health insurance coverage, or answer or counterclaim thereto, the pleading shall be accompanied by a completed Child Support Enforcement Agency Health Insurance Disclosure Affidavit, on a form prescribed by the Court or the standard domestic relations form promulgated in proposed Rule of Superintendence 80. In any petition for custody and support in a domestic violence case, a completed Child Support Enforcement Agency Health Insurance Disclosure Affidavit, on a form prescribed by the Court or the standard domestic relations form promulgated in proposed Rule of Superintendence 80, shall be completed and filed by petitioner as soon as possible after service on respondent, but in any event no later than final hearing on the petition. (Effective 7/1/90; Amended eff. 7/1/99; 9/1/04)

RULE 25. Assignment of cases

Upon the original filing of a case, the case shall be assigned by lot to a specific Judge of this Court. A case that is reactivated by motion shall be assigned to the original Judge unless the original action was filed prior to January 1, 1991, then it shall be assigned in the same manner as an original filing.

In any instance where a previously filed and dismissed case is refiled, that case shall be reassigned to the Judge originally assigned by lot to hear it; unless for good cause shown, that Judge is precluded from hearing the case. When a Judge leaves the Court his or her cases will be assigned to his or her successor. To allow for other responsibilities, assignments to the Administrative Judge shall be reduced by ten fifteen percent.

Once assigned to a case, the assigned Judge becomes primarily responsible for the determination of every issue and proceeding in the case until its termination. All preliminary matters, including requests for continuances, must be submitted for disposition to the Judge to whom the case is assigned, or if he or she is unavailable, to the Duty Judge.

None of the above language shall be construed to limit the reference of cases to Magistrates pursuant to Civil Rule 53 or Local Rule 8. Notwithstanding those rules, the following matters shall be docketed for and heard only by the assigned Judge, or another Judge willing to hear the matter, except with permission of the Administrative Judge of this Court or in his or her absence the Presiding Judge of the Common Pleas Court, a Judge may refer specific cases to a Magistrate if the case cannot be heard due to unavailability of docket time and must be heard that day: a) Final hearings for divorce and dissolution, and motions directly related to such final hearings on the merits. b) Motions for a new trial or to vacate and set aside any matter heard and decided by a Judge. c) All parentage proceedings tried to a Jury. Final domestic violence hearings. (Effective February 25, 1993; 9/1/04)

DOMESTIC RULE 28.
Service of Process in a divorce, annulment, or legal separation.

In a divorce, annulment, or legal separation action, where publication service of process is perfected in accordance with Ohio Rule of Civil Procedure 4.4 (A) (2), the Clerk shall cause notices to be posted in a conspicuous place in the Franklin County Hall of Justice, the Franklin County Administration Building, all branches of the Auto Title Department, and the main lobby of the Franklin County Courthouse. (Effective July 1, 1991; Amended eff. 9/1/04)

DOMESTIC RULE 30 and JUVENILE RULE 24. Work Release Program

The Franklin County Domestic Relations Court will participate in the Franklin County Work Release Program as administered and operated by the Franklin County Court of Common Pleas, General Division.

The work release program is established to afford the Court a community based and community oriented rehabilitative alternative to incarceration for those convicted criminal offenders who pose no substantial threat to the community but who need minimum custody in order for treatment efforts to be effective.

The work release program is a residential community center for rehabilitation for those offenders who have been granted the privilege of work release. The program center operates in a similar fashion as a traditional jail, but rather than housing offenders in jail itself, the offenders are housed in a community setting.

The Court, with the consent of the offender, may sentence individuals to the work release program as a condition of intensive or standard probation.

All staff of the work release program are appointed employees of the Franklin County Court of Common Pleas, General Division. The Domestic Relations Court will comply with all regulations prepared, utilized, and deemed necessary for the operation of the program by the program director, and approved by the Judges of the Franklin County Court of Common Pleas, General Division.

The program director may order, with the consent of the Trial Judge, Administrative Judge of the Domestic Relations Court, or the Administrative Judge of the General Division of the Franklin County Court of Common Pleas, removal of any resident from the program for infractions of the work release rules and regulations.

Before admittance to the work release program, the offender shall agree to and sign a Participation Agreement. The Agreement shall detail the rules, regulations and procedures by which the offender must abide while in the program. Any resident who is removed from the program shall be returned to jail, or authorized correction agency, to serve the balance of their sentence.

Any resident participating in the work release program is required to pay a per diem as determined by the Court, under R.C. Section 5147.29, for reimbursement to the county for the cost of boarding and the direct cost of administering such program.

All funds received by the program from the offender are to be handled in accordance with R.C. Section 5147.29 and generally accepted accounting principles.

In the event a resident of the Work Release Program is diagnosed by medical personnel with a contagious/infectious disease or condition (i.e. chicken pox, T.B., hepatitis, ring worm, measles, AIDS, etc.) the Director of the Work Release Program or the CBCF shall be given authority by the Court to place the resident on Home Incarceration to prevent contact with those who have not been exposed.

If Home Incarceration is not an option due to lack of residence, lack of phone or unwillingness of family/friend to accept the resident in their home, the resident shall be placed in the Franklin County Corrections Center until they are no longer contagious/infectious. This authority to place residents with infectious diseases on Home Incarceration shall be given by the Court only when the sentencing judge cannot be reached for immediate authorization. The Directors of the Work Release Program and the Community Based Correctional Facility shall contact the sentencing judge as soon as possible to notify him/her that the resident was placed on Home Incarceration. (Amended effective 7/1/93; 9/1/04)

DOMESTIC RULE 33. SOLDIERS' AND SAILORS' CIVIL RELIEF ACT

In any action commenced in this court against an unrepresented party who is a member of the military service, the court may appoint an attorney to represent that party pursuant to the Soldiers' and Sailors' Civil Relief Act of 1940, 50 USC 501, et seq. as amended, and may assess and allocate the cost of said counsel as costs in the case. The court may stay the proceeding until such time as the party in the military service is available for trial. During the pendency, the party will be ordered to cooperate in all discovery procedures and to notify the court upon his/her return. Effective 9/1/04

DOMESTIC RULE 35 ADMISSION OF OUT-OF-STATE ATTORNEYS

An attorney not licensed to practice law in the state of Ohio, but who is duly licensed to practice law in any other state or the District of Columbia, may, in the discretion of the Trial Judge, be permitted to represent a party or parties in any litigation pending or to be filed in this county after completion of all of the following conditions: (A) File a written oath substantially in compliance with Rule I, Section 8A of the Rules for the Government of the Bar; (B) Certify in writing that he or she has familiarized himself or herself with local Court rules and will familiarize himself or herself with the appropriate Civil, Juvenile, or Criminal Rules, the Rules of Evidence, and the Code of Professional Responsibility; (C) Be sponsored in writing by an attorney licensed to practice law in the state of Ohio. The motion made by the licensed attorney shall certify such out-of-state counsel's compliance with this rule and the Rules for the Government of the Bar; (D) The sponsoring attorney shall submit with the motion and certification an entry authorizing the approval of the motion; and (E) The sponsoring attorney, or any other attorney licensed to practice law in the state of Ohio, shall be co-counsel with the attorney admitted pro hoc hac vice.

The continuance of any scheduled trial or hearing date shall not be permitted solely because of the unavailability or inconvenience of the out-of-state counsel. Effective 2/9/98; Amended Eff. 9/1/04

JUVENILE RULE 2. Continuances and advancements

Requests for continuances will be made in accordance with Supreme Court of Ohio Superintendence Rule 41 and Ohio Rules of Juvenile Procedure 19 and 23 or, where applicable, the Ohio Rules of Civil Procedure.

All applications for continuances or advancements shall be made as far in advance of hearing dates as practicable except as herein provided. All requests shall be in writing on forms provided by the Juvenile Case Management Office with a proposed new date included. Requests shall be granted only after notice to all other counsel and/or parties involved. No case will be continued on the day of hearing except for good cause shown. Unless otherwise directed, it will be the responsibility of the attorney obtaining the continuance to notify all other counsel and parties of the new hearing date. Attorneys shall make reasonable efforts to have a contested request for continuance heard prior to the hearing date.

Ruling on a continuance request may be reserved until the scheduled hearing date where continuances on the record are necessary to preserve service or notice on parties. Requests for continuance or advances on parentage actions are to be made through the Domestic Court Assignment Commissioner. Amended Effective 1/1/00; 9/1/04

RULE 4. Appointed counsel (A) Every party shall have the right to be represented by counsel, and the right to appointed counsel, if indigent. Appointments may be made to the Franklin County Public Defender, Court Appointed Special Advocates, Legal Clinics and attorneys in private practice. The Court shall maintain a list of private attorneys willing to accept appointments for Juvenile Court cases. The following lists shall comprise the Court appointment list for private attorneys: List 1. Attorneys who will serve in a dual capacity as Attorney and Guardians ad Litem, or if a conflict exists between those roles solely as Attorney or Guardian ad Litem, for children in delinquency, unruly, abuse, neglect and dependency cases, and for adults. List 2. Attorneys who will represent children in delinquency and unruly cases, and adults in criminal matters and contempt actions other than those specified in List 4. List 3. Attorneys who will serve as counsel for parties in abuse, neglect and dependency cases. List 4. Attorneys who will represent parties in parentage, custody, visitation, and child support cases, and contempt actions related thereto. List 5. Attorneys who will represent children charged with category one and two delinquency offenses when: A) the offense is a category one or category two offense, as defined in R.C.2152.02; B) and cases where relinquishment of jurisdiction for purposes of prosecution as an adult is requested; or C) the child charged as a serious youthful offender. List 6. Attorneys who will serve as Guardian ad Litem and/or counsel for children who file a complaint pursuant to O.R.C. 2151.85.

(B) Application and List Requirements
(1) In order to be approved and maintain placement on any of the court's list of attorneys or Guardians ad Litem, an attorney must meet the following standards:
(a) Licensed Ohio attorney in good standing;
(b) Inform the court of any prior disciplinary complaints against the attorney which resulted in sanctions;
(c) Maintain a working telephone with a local telephone number or toll free long distance number, with a secretary and/or working answering machine/service to be able to respond to calls from the court or client;
(d) Either maintain professional liability (malpractice) insurance in an amount equal to the minimum coverages required by the Code of Professional Responsibility, or comply with DR1-104 at the time of the appointment.
(e) Attorneys are under an ongoing duty to notify the court of changes in their status, address, or telephone number.
(2) Attorneys desiring to be placed on the appointment list shall apply in writing, on a form promulgated by the Court, to the Juvenile Administrative Magistrate Assistant Court Director for Legal Services, specifying the list(s) from which (s)he is willing to accept appointments.
(a) Lists 1 and 6
CLE Requirements: In order to maintain placement on List 1 or List 6 an attorney must attend a three-hour training program concentrating solely on the duties of Guardians ad Litem. Other equivalent training may be approved by the Assistant Courtside Deputy Director.
(b) Lists 2, 3 and 4
ORIENTATIONrientation and Case Observation: (1) Applicants to be placed on the appointed counsel lists 2, 3 or 4 must attend an orientation session presented by the C.B.A. Juvenile Law Committee and observe two (2) cases for each list on which (s)he requests appointment with an experienced court appointed or other approved attorney. (See Panel of Mentors below) The orientation and observation requirements, or a portion thereof, may be waived upon application and approval of the Assistant Courtside Deputy Director.
(2c) List 5
In addition to the orientation requirement contained in paragraph (CB)(12)(b) above, applicants wishing to receive List 5 appointments must have served as lead counsel or co-counsel on three cases involving offenses which currently constitute category 1 or 2 offenses, as defined in R.C.2152.02, and which culminated in a trial, whether in juvenile or adult court, and including probable cause hearings in Juvenile Court proceedings to relinquish jurisdiction for prosecution as an adult. Counsel must submit an affidavit listing the case name and numbers of the three cases which meet this requirement to the Assistant Courtside Deputy Director.

(C) Appointments

Each day, a maximum of three private attorneys who are qualified to receive appointments from list two may volunteer to be present at the lock-up preliminary hearing docket to receive available appointments. Each day, a maximum of three private attorneys who are qualified to receive appointments from list one and three private attorneys who are qualified to receive appointments from list three may volunteer to be present for the abuse, neglect and dependency preliminary hearing docket to receive available appointments. Private attorneys may volunteer for these dockets two weeks in advance by calling the appointed counsel clerk at 462-3248, who will confirm that the attorney should appear for the preliminary hearing docket on the specified date. During each calendar month, eligible attorneys may volunteer once for each preliminary hearing docket from which the attorney is eligible to receive appointments. Appearing for a preliminary hearing docket does not guarantee that an attorney will receive an appointment.

To maximize efficiency of the appointed counsel clerk and equalize appointments among attorneys on the various appointment lists, all other appointments to attorneys on lists 1 through 5 will be assigned on a rotating basis. Attorneys who will be unavailable for designated periods of time may notify the appointment clerk of the dates of their unavailability. Once such notification is received, the attorney will not be appointed to any cases during the specified period of unavailability.

Once the appointment entry is signed, the appointed counsel clerk will notify the appointed attorney of the appointment by telephone, speaking with the attorney personally, or by leaving a message with the attorney's staff or on the attorney's answering machine/voice mail. A copy of the appointment entry will be placed in the mailbox of the attorney appointed. For cases with hearings scheduled within ten days, counsel will be contacted to ensure the attorney is available for the hearing and will accept the appointment.

Once appointed, counsel must either continue the hearing if the case is scheduled on a date or time the attorney is unavailable, or withdraw from the case if he/she is unable to fulfill the appointment. The appointed attorney shall provide the appointed counsel clerk with a copy of the entry granting counsel leave to withdraw.

(BD) Standards for Duties of Appointed Counsel and Juvenile Guardians Ad Litems

Attorneys accepting appointments to serve as Guardian ad Litem, or court appointed counsel, or in the dual capacity of both Attorney and Guardian ad Litem, shall initiate and maintain reasonable contact with their client, which should be no less than once per month. The Attorney/Guardian ad Litem shall advise his/her client/ward of the client's/ward's rights and the possible consequences of the pending action. Attorneys shall personally represent the client for which (s)he was appointed, and shall not, absent an emergency, allow substitute counsel to represent the client. Repeated failure to personally represent the client will result in removal from the Guardian ad Litem/appointed counsel list(s).

The Court shall maintain an individual file for each appointed counsel for the purpose of providing appointments, notices and other matters as may be necessary. It will be the responsibility of appointed counsel to inspect said file not less than weekly.

(1) Upon appointment the Attorney, Guardian ad Litem, or Attorney appointed in the dual capacity of both Attorney and Guardian ad Litem, should perform certain basic duties, as warranted by the facts of the case.
(a) When appointed as the child's attorney, Guardian ad Litem, or in the dual capacity of both attorney and Guardian ad Litem, and when the child is of sufficient age to have communicative ability, Iinterview the child(ren), and when possible necessary observe each parent with the child(ren). Be aware of the interaction between the parent and child, and the appropriateness of discipline, conversations, and activities. Interview both parents if permitted by their counsel. If only one parent is known, attempt to ascertain the identity and whereabouts of the other parent;
(b) Review pleadings and consult with each attorney as to position and issues. Review the court file, and request discovery;
(c) Investigate all significant persons and interview independently;
(d) Determine the physical and mental health of the child. Obtain the name of any physician professional who has treated the child,. and Obtain the child's pertinent records, including medical and hospital records.
(e) Meet with the child's school teacher and counselor. Obtain information regarding the child's behavior in school and interaction with parents. Review the child's school records.
(f) Perform home visits (this may be combined with the interview process). Observe the living conditions of each parent and the child's sleeping arrangements;
(g) Evaluate the necessity, if any, of psychological evaluations or counseling, and file a motion requesting the same;
(h) Communicate with the Court Protective Services Family Assessment caseworker or probation officer. Obtain the case history. If the worker has the family file, schedule a time to review it;
(i) Communicate with the Franklin County Children Services worker, and other direct service providers. Obtain the case history. Confirm whether the child has been removed from home and the child's adjustment to his/her current placement. Confirm the names, addresses, and telephone numbers of parents and care providers. Determine what services are being provided the parents;
(j) Call the FCCS Regional Records Room and schedule a time to view their file. Identify the pages you need copied and request FCCS to send the copies to your office;
(k) Contact the child at least once a month, and when the child is of sufficient age to have communicative ability, interview the child. Ask the care providers for their perceptions of the child's adjustment. Assess the child's developmental level. If the child relates a new allegation of abuse or neglect, immediately call FCCS intake, the caseworker, and the Protective Services Family Assessment caseworker;
(l) Be cognizant that the duty of an attorney to his/her client and the duty of a Guardian ad Litem to his/her ward are not always identical and, in fact, may conflict. The role of the Guardian ad Litem is to investigate the ward's situation and then to ask the court to do what the Guardian ad Litem feels is in the ward's best interest. The role of the attorney is to zealously represent his/her client within the bounds of the law. The first and highest duty of an attorney appointed in a dual capacity is to zealously represent his client within the bounds of the law and to champion his client's cause. When appointed in the dual capacity of Attorney and Guardian ad Litem for the child, or solely as Guardian ad Litem for the child, Nnotify the Court and counsel if the child's wishes are in opposition to the Guardian's recommendation;
(m) Maintain a log documenting all work performed, all contact with the child, parties, witnesses, etc., and all telephone calls.
(2) Powers: The powers of the Attorney/Guardian ad Litem shall be wide ranging, including but not limited to, the right to file motions and to review all confidential records involving their child(ren) client(s) by request, through deposition, and by subpoena. The Attorney/Guardian ad Litem shall have reasonable access to the child at home, school or in placement.
(3) Reports and Court Appearances: In cases involving termination of parental rights, or when required by a judge or magistrate, the Guardian ad Litem shall prepare and file written reports detailing observations and recommendations at least three days prior to or at the time of any the dispositional hearing, unless otherwise ordered by the Judge or Magistrate, and shall be present at all hearings pertaining to the child(ren). The GALs log detailing the work performed should accompany the written report of the GAL. The Attorney/Guardian ad Litem may subpoena and examine independent witnesses. The lay GAL may be represented by counsel who may subpoena and examine independent witnesses presented by other parties.
(4) DURATION OF APPOINTMENT Duration of Appointment: Court appointed counsel and Guardians ad Litem shall advise their clients of the client's right to objection and appeal. The appointment of counsel/GAL continues through objections and shall terminate upon the filing of an entry disposing of all pending matters, or counsel filing a notice of appeal, whichever is later.
(5) Fees and Costs: All filing fees and court costs are waived as to court appointed Attorneys and Guardians ad Litem.
(6) Application: Local Juvenile Rule 4 shall not apply to actions to determine the allocation of parental rights and responsibilities, where counsel/guardian ad litem has been appointed pursuant to Local Juvenile Rule 27.

(DE) Requirements to Remain on Guardian ad Litem or Court Appointed Counsel List(s):
Attorneys wishing to remain on the Guardian ad Litem or court appointed counsel list shall complete the following annual requirements:
1. Attend three six (36) hours of qualifying seminars per Supreme Court reporting periodyear. Excess hours, not to exceed six (6) hours, may be carried over and applied to the following year reporting period.
2. Attend three (3) meetings of the C. B. A. Juvenile Law Committee and/or the Central Ohio Association of Juvenile Lawyers per year, total of six per reporting period. If an attorney accepts appointments from list 4, attendance at three (3) C. B. A. Family Law Committee meetings may be substituted for C.B.A. Juvenile Law Committee/C.O.A.J.L. meetings. Membership in the Columbus Bar Association, the C.B.A. Juvenile Law Committee, the C.B.A. Family Law Committee, and C.O.A.J.L. is encouraged but not required. Three hours of continuing legal education related to his/her Juvenile Court appointments may be substituted for attendance at three meetings of the C.B.A. Juvenile Law Committee or Family Law Committee, or C.O.A.J.L. Said three hours of CLE shall be in addition to the three six seminar hours required in section 1 above.
3. No later than March 1 each year January 31 of the applicable reporting year established for the attorney pursuant to Rule X of the Supreme Court Rules for the Government of the Bar, complete an eligibility report certifying compliance with the requirements of Local Rule 4, on a form provided by the Court. If an attorney does not complete and return the annual report certifying compliance by March 1 timely, (s)he will be removed from eligibility.

(F) REMOVAL AND REINSTATEMENT Removal and Reinstatement

Attorneys may be removed from the court appointment list(s) with the approval of a majority of the judges of the Domestic Relations Court. Attorneys failing to comply with the requirements set forth in paragraph (D) above, will be removed from the court appointment list. After losing eligibility for any reason, an attorney seeking reinstatement of eligibility may be required to complete the orientation, seminar, and meeting requirements.

(G) Compensation and Expenses

The court shall determine the amount of compensation an appointed attorney will receive based upon the Rrates of compensation shall be as determined from time to time by the Franklin County Board of Commissioners. In addition thereto, necessary and reasonable expenses may be allowed for such items as expert witness fees, polygraph costs, long distance phone calls, photocopying, and certain travel expenses if prior approval of the Trial Judge is obtained. Attorneys seeking reimbursement for expenses must provide receipts for all expenses in excess of one dollar. Court approval is not required for expenses up to $100.00. However, attorneys may not fractionalize expenses to circumvent the $100.00 cap. Prior approval by the Assigned Judge is required before incurring expenses exceeding $100.00. The Trial Assigned Judge may not allow for any fixed office overhead expenses, Court transcripts or depositions, except as provided by law. When determining whether to grant expenses the Assigned Judge shall consider the value added to the proper representation at trial, and whether there is another available alternative which would fulfill the same function at a lesser cost.

All applications for fees and/or expenses, including applications for fees and/or expenses submitted by Guardians ad Litem, are to be submitted on forms approved and provided by the Court within thirty days of the date of termination listed on the fee application. Appointed counsel shall use software provided by the Ohio Public Defender when submitting fee applications. Appointed counsel shall submit the original and two copies of the fee application and financial disclosure affidavit.

Applications for fees and/or expenses shall be submitted within thirty days of the date of termination listed on the fee application. Date of termination shall be no later than the file stamp date of the journal entry dismissing the complaint or motion, dispositional journal entry, or journal entry approving the case plan, whichever is later. If the fee application is received by the Court late, then payment to the attorney will be reduced by the reimbursement rate currently being used by the Ohio Public Defender. All applications for fees shall be submitted within ninety days of the date of termination. Applications submitted beyond ninety days of the date of termination will not be paid. It will also be the responsibility of counsel to have an affidavit of indigency filed with each application for payment of fees. The appointed attorney shall clearly indicate on the fee application those services that were performed by someone other than the appointed attorney. Defective fee affidavits will be returned to the court appointed counsel for correction, who shall correct the deficiency and submit the corrected fee application to the court appointed counsel clerk within ten days. Defective fee applications which are corrected within ten days will be reimbursed at the same rate as if they were correct on the date first submitted. If approved by the Ohio Public Defender, fee applications submitted past the thirty and ninety day timeframes will be processed without any reduction in the fee. The approval letter from the Ohio Public Defender shall be attached to the fee application.

Fee applications submitted for payment should be paper clipped, not stapled, and submitted in the following order:
* Fee Application
* Itemized Fee Statement Continuation Sheet (if applicable)
* Financial Disclosure Affidavit of Indigency
* A copy of the Order/Magistrate's Order Appointing Counsel or Guardian Ad Litem
* Letter from the Ohio Public Defender (if applicable)
* Two copies of the fee application and financial disclosure statement

Periodic bills may be submitted prior to the case termination date only when appointed counsel has incurred a reimbursable expense, has reached the case fee cap, or the case has not been disposed of within a twelve month period from the date of appointment.

(H) Extraordinary Fees

Requests for extraordinary fees must be made by written motion and should be submitted with supporting information, including all regular billing documents, to the Court Director. An award for extraordinary fees will be made only with the approval of a majority of all the Judges of the Domestic Relations Court. Extraordinary fees will be granted only in complex cases involving multiple counts dealing with multiple separate incidents which require an extraordinary amount of trial preparation time, cases that involve unique legal issues, cases that require multiple types of hearings (e.g., motion to relinquish jurisdiction denied and SYO subsequently filed), or cases requiring extended days of trial.

(I) PANEL OF MENTORS Mentors:
There will be a panel of eExperienced juvenile attorneys who will be available to provide orientation and who will mentor new applicants. All communications between an attorney mentor and his client in the presence of an attorney applicant participating in the orientation, shall be deemed confidential and the attorney/client privilege shall apply.
(Amended Effective 7/1/95; 2/10/97; 2/9/98; 1/1/00; 8/1/00; 9/1/04)

JUVENILE RULE 5. Custody and/or Visitation Actions

(A) All actions seeking custody of and/or visitation with a child shall be initiated by sworn complaint, or in preexisting cases by Motion, and pursuant to Ohio Revised Code Section 3109.27 shall be accompanied by a child custody affidavit provided by the Court, or the standard domestic relations form promulgated in proposed Rule of Superintendence 80. Prior to filing, the complaint shall be submitted to the Division of Protective Services and Investigations. All pleadings filed with the Court must contain the name of the Court, proper style of the case and number, the Judge and Magistrate to whom the case is assigned, and the name, Ohio Supreme Court registration number, address, and telephone number of the attorney filing the pleading. Further, all pleadings filed with the Court must be on letter size paper, approximately 8" x 11", and if typed, in no less than 12 point font.

(B) A social investigation concerning the best interests of any child or children shall may be conducted by the Division of Protective Services and Investigations Family Assessment Department in all abuse, neglect and dependency cases unless expressly waived by a Judge or Magistrate.

(C) Pursuant to Juvenile Rule 32(D) the court may order a social 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. Prior to ordering a social investigation the court may refer the parties to mediation.

(D) The Judge or Magistrate may require motions for temporary orders to be submitted and determined without oral hearing upon affidavits in support or opposition.

(E) In actions for custody/visitation, discovery shall be conducted in accordance with Ohio Rule of Juvenile Procedure 24, except that the parties are granted leave of court to take and use depositions as provided in Ohio Civil Rules 27 through 32, and to require the production of documents as provided in Ohio Civil Rule 34.

(F) Orders allocating parental rights, including shared parenting decrees, shall include the following notices:

RELOCATION NOTICE: Pursuant to Ohio Revised Code Section 3109.051(G), the parties hereto are hereby notified as follows:

IF THE RESIDENTIAL PARENT INTENDS TO MOVE TO A RESIDENCE OTHER THAN THE RESIDENCE SPECIFIED IN THE PARENTING TIME ORDER OR DECREE OF THE COURT, THE RESIDENTIAL PARENT SHALL FILE A NOTICE OF INTENT TO RELOCATE WITH THIS COURT, ADDRESSED TO THE ATTENTION OF THE RELOCATION OFFICER. UNLESS OTHERWISE ORDERED PURSUANT TO O.R.C. SECTIONS 3109.051(G)(2), (3), AND (4), A COPY OF SUCH NOTICE SHALL BE MAILED BY THE COURT TO THE PARENT WHO IS NOT THE RESIDENTIAL PARENT. UPON RECEIPT OF THE NOTICE, THE COURT, ON ITS OWN MOTION OR THE MOTION OF EITHER PARTY, MAY SCHEDULE A HEARING WITH NOTICE TO BOTH PARTIES TO DETERMINE WHETHER IT IS IN THE BEST INTEREST OF THE CHILD TO REVISE THE PARENTING TIME SCHEDULE.

RECORDS ACCESS NOTICE: Pursuant to Ohio Revised Code Sections 3109.051(H) and 3319.321(B)(5)(a) the parties hereto are hereby notified as follows:

EXCEPTING AS SPECIFICALLY MODIFIED OR OTHERWISE LIMITED BY COURT ORDER, AND SUBJECT TO O.R.C. SECTIONS 3125.16 AND 3319.321(F), THE PARENT WHO IS NOT THE RESIDENTIAL PARENT, IS ENTITLED TO ACCESS TO ANY RECORD THAT IS RELATED TO THE CHILD, UNDER THE SAME TERMS AND CONDITIONS AS THE RESIDENTIAL PARENT, AND TO WHICH SAID RESIDENTIAL PARENT IS LEGALLY PROVIDED ACCESS. ANY KEEPER OF A RECORD WHO KNOWINGLY FAILS TO COMPLY WITH THIS ORDER IS IN CONTEMPT OF COURT.

DAY CARE CENTER ACCESS NOTICE: Pursuant to Ohio Revised Code Section 3109.051(I), the parties hereto are hereby notified as follows:

EXCEPTING AS SPECIFICALLY MODIFIED OR OTHERWISE LIMITED BY COURT ORDER, AND IN ACCORDANCE WITH O.R.C. SECTION 5104.011, THE PARENT WHO IS NOT THE RESIDENTIAL PARENT, IS ENTITLED TO ACCESS TO ANY DAY CARE CENTER THAT IS OR WILL BE ATTENDED BY THE CHILD WITH WHOM PARENTING TIME IS GRANTED, TO THE SAME EXTENT THAT THE RESIDENTIAL PARENT, IS GRANTED ACCESS TO THE CENTER.

SCHOOL ACTIVITIES NOTICE: Pursuant to Ohio Revised Code Section 3109.051(J), the parties hereto are hereby notified as follows:

EXCEPTING AS SPECIFICALLY MODIFIED OR OTHERWISE LIMITED BY COURT ORDER, AND SUBJECT TO O.R.C. SECTION 3319.321(F), THE PARENT WHO IS NOT THE RESIDENTIAL PARENT, IS ENTITLED TO ACCESS, UNDER THE SAME TERMS AND CONDITIONS AS THE RESIDENTIAL PARENT, TO ANY STUDENT ACTIVITY THAT IS RELATED TO THE CHILD AND TO WHICH THE RESIDENTIAL PARENT OF THE CHILD LEGALLY IS PROVIDED ACCESS. ANY SCHOOL EMPLOYEE OR OFFICIAL WHO KNOWINGLY FAILS TO COMPLY WITH THIS ORDER IS IN CONTEMPT OF COURT.
(Amended effective July 1, 1990; 1/1/00; 9/1/04)

JUVENILE RULE 7. Detention/shelter care hearings

All juveniles received into detention or shelter care before 8:00 7:30 a.m. shall be brought before a Magistrate for a Detention/Shelter Care Hearing on that same day. All juveniles received into detention after 8:00 7:30 a.m. shall be brought before a Magistrate for a Detention/Shelter Care Hearing on the next Court day.

Requests for Detention/Shelter Care Hearings based upon new information shall be in writing and will be heard on the next Preliminary Hearing docket.
(Amended Effective 7/1/95; 1/1/00; 9/1/04)

JUVENILE RULE 10. Support orders

(A) Completed child support worksheets, as prescribed by R.C.3113.215 3119.022 and 3119.023, shall be presented to the Court at or prior to hearing on a motion or complaint for child support. If the parties are unable to agree on the proper completion of the worksheets, each shall present a proposed worksheet prior to the hearing. Proposed agreed entries for child support shall be accompanied by completed support worksheets and all appropriate orders required by Ohio Revised Code Section 3113.21 3121.03. If the child support provided in the agreement deviates from the child support guidelines, the proposed judgment entry shall contain findings of fact sufficient to substantiate the deviation. General recitals that the deviation is fair or equitable, or words of similar import shall not be sufficient to substantiate the deviation. This Court has promulgated forms to meet the other requirements of Section 3113.21 3121.03. Complainants and/or movants for child support orders shall submit completed withholding and notices entries as required by Section 3113.21 3121.03 prior to adjournment of a hearing wherein an order for support is entered.

(B) A motion requesting modification of an existing child support order shall state with particularity the grounds therefor, and shall be supported by a memorandum or the affidavit of the moving party. If the responding party files a memorandum contra or affidavit, it shall be served on the opposing party or his counsel not less than fourteen days prior to hearing.

(C) All persons required to pay child support pursuant to a decree or order of the Juvenile Court shall make those payments, plus processing charge through the Franklin County Child Support Enforcement Agency Ohio Child Support Payment Central, P.O. Box 182372, Columbus, Ohio 43218-2373.

(D) All orders which contain an order of support for children, or an order of support for children and a spouse, shall contain the following notice which shall be in boldface type and in all capital letters:

EACH PARTY TO THIS SUPPORT ORDER MUST NOTIFY THE CHILD SUPPORT ENFORCEMENT AGENCY IN WRITING OF HIS OR HER CURRENT MAILING ADDRESS, CURRENT RESIDENCE ADDRESS, CURRENT RESIDENCE TELEPHONE NUMBER, CURRENT DRIVER'S LICENSE NUMBER, AND OF ANY CHANGES IN THAT INFORMATION. EACH PARTY MUST NOTIFY THE AGENCY OF ALL CHANGES UNTIL FURTHER NOTICE FROM THE COURT. IF YOU ARE THE OBLIGOR UNDER A CHILD SUPPORT ORDER AND YOU FAIL TO MAKE THE REQUIRED NOTIFICATIONS YOU MAY BE FINED UP TO $50 FOR A FIRST OFFENSE, $100 FOR A SECOND OFFENSE, AND $500 FOR EACH SUBSEQUENT OFFENSE. IF YOU ARE AN OBLIGOR OR OBLIGEE UNDER ANY SUPPORT ORDER AND YOU WILLFULLY FAIL TO MAKE THE REQUIRED NOTIFICATIONS YOU MAY BE FOUND IN CONTEMPT OF COURT AND BE SUBJECTED TO FINES UP TO $1000 AND IMPRISONMENT FOR NOT MORE THAN 90 DAYS.

IF YOU ARE AN OBLIGOR AND YOU FAIL TO MAKE THE REQUIRED NOTIFICATIONS YOU MAY NOT RECEIVE NOTICE OF THE FOLLOWING ENFORCEMENT ACTIONS AGAINST YOU: IMPOSITION OF LIENS AGAINST YOUR PROPERTY; LOSS OF YOUR PROFESSIONAL OR OCCUPATIONAL LICENSE, DRIVER'S LICENSE, OR RECREATIONAL LICENSE; WITHHOLDING FROM YOUR INCOME; ACCESS RESTRICTION AND DEDUCTION FROM YOUR ACCOUNTS IN FINANCIAL INSTITUTIONS; AND ANY OTHER ACTION PERMITTED BY LAW TO OBTAIN MONEY FROM YOU TO SATISFY YOUR SUPPORT OBLIGATION.

EACH PARTY TO THIS SUPPORT ORDER MUST NOTIFY THE CHILD SUPPORT ENFORCEMENT AGENCY IN WRITING OF HIS OR HER CURRENT MAILING ADDRESS, CURRENT RESIDENCE ADDRESS, CURRENT RESIDENCE TELEPHONE NUMBER, CURRENT DRIVER'S LICENSE NUMBER, AND OF ANY CHANGES IN THAT INFORMATION. EACH PARTY MUST NOTIFY THE AGENCY OF ALL CHANGES UNTIL FURTHER NOTICE FROM THE COURT OR AGENCY, WHICHEVER ISSUED THE SUPPORT ORDER. IF YOU ARE THE OBLIGOR UNDER A CHILD SUPPORT ORDER AND YOU FAIL TO MAKE THE REQUIRED NOTIFICATIONS, YOU MAY BE FINED UP TO $50 FOR A FIRST OFFENSE, $100 FOR A SECOND OFFENSE, AND $500 FOR EACH SUBSEQUENT OFFENSE. IF YOU ARE AN OBLIGOR OR OBLIGEE UNDER ANY SUPPORT ORDER ISSUED BY A COURT AND YOU WILLFULLY FAIL TO GIVE THE REQUIRED NOTICES, YOU MAY BE FOUND IN CONTEMPT OF COURT AND BE SUBJECTED TO FINES UP TO $1000 AND IMPRISONMENT FOR NOT MORE THAN 90 DAYS.

IF YOU ARE AN OBLIGOR AND YOU FAIL TO GIVE THE REQUIRED NOTICES, YOU MAY NOT RECEIVE NOTICE OF THE FOLLOWING ENFORCEMENT ACTIONS AGAINST YOU: IMPOSITION OF LIENS AGAINST YOUR PROPERTY; LOSS OF YOUR PROFESSIONAL OR OCCUPATIONAL LICENSE, DRIVER'S LICENSE, OR RECREATIONAL LICENSE; WITHHOLDING FROM YOUR INCOME; ACCESS RESTRICTION AND DEDUCTION FROM YOUR ACCOUNTS IN FINANCIAL INSTITUTIONS; AND ANY OTHER ACTION PERMITTED BY LAW TO OBTAIN MONEY FROM YOU TO SATISFY YOUR SUPPORT OBLIGATION. (E) All orders for support shall include the following provisions:

The residential parent or the person who otherwise has custody of a child for whom a support order is issued is also ordered to immediately notify, and the obligor under a support order may notify, the Franklin County Child Support Enforcement Agency of any reason for which the support order should terminate, including but not limited to, the child's attainment of the age of majority if the child no longer attends an accredited high school on a full-time basis and the child support order requires support to continue past the age of majority only if the child continuously attends such a high school after attaining that age; the child ceasing to attend an accredited high school on a full-time basis after attaining the age of majority, if the child support order requires support to continue past the age of majority only if the child continuously attends such a high school after attaining that age; or the death, marriage, emancipation, enlistment in the armed services, deportation, or change of legal custody of the child.

All support under this order shall be withheld or deducted from the income or assets of the obligor pursuant to a withholding or deduction notice or appropriate order issued in accordance with chapters 3119., 3121., 3123., and 3125. of the Revised Code or a withdrawal directive issued pursuant to sections 3123.24 to 3123.38 of the Revised Code and shall be forwarded to the obligee in accordance with chapters 3119., 3121., 3123., and 3125. of the Revised Code.

Regardless of the frequency or amount of support payments to be made under the order, the Franklin County Child Support Enforcement Agency shall administer it on a monthly basis in accordance with sections 3121.51 to 3121.54 of the Revised Code.

Payments under the order are to be made in a manner ordered by the court or agency, and if the payments are to be made other than on a monthly basis, the required monthly administration by the agency does not affect the frequency or the amount of the support payments to be made under the order.

All such decrees and orders shall also contain language requiring that notices required by this rule to be sent to the Child Support Enforcement Agency, 373 South High Street, 13th floor 80 East Fulton, Columbus, Ohio 43215. Attn: Notice Officer. (F) All orders which contain an order for support of a spouse that is to be paid directly to the recipient spouse shall contain the following language: Spousal support shall be paid directly to the recipient spouse and shall be made by check, money order, or in another form that establishes a clear record of payment.

Additionally, if there is support for children involved, the following notices shall be included in
the order:
The residential parent or the person who otherwise has custody of a child for whom a support order is issued is also ordered to immediately notify, and the obligor under a support order may notify, the Franklin County Child Support Enforcement Agency of any reason for which the support order should terminate, including but not limited to, the child's attainment of the age of majority if the child no longer attends an accredited high school on a full-time basis and the support order does not provide for the duty of support to continue past the age of majority; the child ceasing to attend such a high school on a full-time basis after attaining the age of majority, if the support order does not provide for the duty of support to continue past the age of majority; or the death, marriage, emancipation, enlistment in the armed services, deportation, or change of legal or physical custody of the child.

A WILLFUL FAILURE TO NOTIFY THE FRANKLIN COUNTY CHILD SUPPORT ENFORCEMENT AGENCY AS REQUIRED BY DIVISION (G)(4) OF SECTION 3113.21 OF THE OHIO REVISED CODE IS CONTEMPT OF COURT.

All child support and spousal support orders shall contain the following provision:

All child support and spousal support under this order shall be withheld or deducted from the income or assets of the obligor pursuant to a withholding or deduction notice or appropriate court order issued in accordance with section 3113.21 of the Revised Code or a withdrawal directive issued pursuant to section 3113.214 of the Revised Code and shall be forwarded to the obligee in accordance with sections 3113.21 to 3113.213 of the Revised Code.

(EG) All matters pertaining to the establishment or modification of an order for support shall be prosecuted and assigned for hearing in accordance with the guidelines set forth in Section 3113.21(L) 3125.58.

(FH) In any complaint for custody, support, paternity, or motion for modification of support or motion for health insurance coverage, the pleading and any responsive pleadings shall be accompanied by a completed Child Support Enforcement Agency Health Insurance Disclosure Affidavit on a form prescribed by the Court.

(GI) Whenever a support order is issued or modified the obligee shall complete and file with the Court, prior to the adjournment of the hearing, an Application for IV-D Services.

(HJ) Whenever a support order is issued or modified a copy of the entry shall be provided by counsel to the Clerk of Courts Office at the time of filing to be forwarded to the Franklin County Child Support Enforcement Agency.
(Amended effective 7/1/93, 6/16/94, 7/1/95; 2/9/98; 1/1/00; 9/1/04)

JUVENILE RULE 11. Motions

All Motions shall be made in writing in accordance with Rules 19 and 22 of the Ohio Rules of Juvenile Procedure unless otherwise permitted by the Court. The Motion shall be supported by a memorandum containing citations of authority and may also be supported by an affidavit. Except as provided in Local Rules 5(D) and 6(G), all pretrial Motions shall be set for an oral hearing by the moving party and shall be scheduled with the assignment office at the time of filing. Notice shall be made by the moving party on all other parties, including the guardian ad litem. Except as provided in Chapter 2152 of the Ohio Revised Code, Tthe moving party shall give notice of hearing to all other parties, including the Guardian ad Litem. Oral hearings may be waived by agreement of all parties and the Trial Magistrate or Judge.

Motions for contempt may contain additional requests for attorney fees and to reduceing the arrearage to a judgment. All other motions shall contain a single request for relief and shall not contain multiple branches or alternative requests for relief, except that in addition to the single request for relief a motion may contain a request for appointment of a process server and/or attorney fees.

Due to technological changes in the Court's computerized docket management system, all motions, memoranda contra, and replies shall be titled in the following manner:

MOTION

MOTION OF (Plaintiff/Defendant) (Party Name)

(to/for) (type of motion)

MEMORANDUM CONTRA

MEMORANDUM CONTRA OF (Plaintiff/Defendant) (Party Name)

To (Plaintiff/Defendant) (Party Name)'s

MOTION (to/for) (type of motion) FILED (date of motion)

REPLY

REPLY MEMORANDUM OF (Plaintiff/Defendant) (Party Name)

(Amended effective 7/1/93, 3/11/94, 7/1/95, 1/1/00; 9/1/04)
JUVENILE
RULE 13.
Warrants

Warrants for the arrest of juveniles will be issued only upon authorization of a Judge or Magistrate.

At the conclusion of the time period specified in R.C. 2901.13, the Clerk of Courts shall return any unexecuted warrant to the Judge or Magistrate who authorized issuance of the warrant. The Judge or Magistrate shall then determine whether the warrant shall be cancelled.

(Amended effective 7/1/95; 9/1/04)

NOTICE TO ATTORNEYS