2020-037 Ordinance - Laserfiche WebLink

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WHEREAS, both the City of North Olmsted CDP and JTIP involve providing education and diversion services to juveniles before a complaint is prepared or filed with the Cuyahoga County Juvenile Court and, necessarily, before jurisdiction over the juvenile rests with the Juvenile Court; and WHEREAS, the Juvenile Court does not have jurisdiction over uncharged individuals. (No court has authority to proceed in the absence of jurisdiction. In re M. W., 133 Ohio St.3d 309, 978 N.E.2d 164 (2012), citing State ex rel Pfeiffer v. Lorain Cry. Common Pleas Court, 13 Ohio St. 2nd 133, 136-137, 235 N.E.2d 232 (1968) ("...a court may take action only after its jurisdiction has been invoked."). Even with jurisdiction, that jurisdiction is invoked only upon the filing of a complaint. State v. Rosser, 2017 -Ohio -5572 (8`" Dist. June 29, 2017) ("A juvenile delinquency proceeding commences upon the filing of a complaint. See In re AG, 148 Ohio St.3d 118, 69 N.E.3d 646, ¶26, citing R.C. §2152.021; Juv.R. 2(F) and 10 (a delinquency case is not commenced by indictment or information, but rather it is the filing of a complaint that invokes the jurisdiction of the juvenile court's jurisdiction.); In re M. W., 133 Ohio St. 3rd 309, 978 N.E.2d 164.); and WHEREAS, the provision of educational services to uncharged juveniles within the City of North Olmsted who, necessarily, are not within the jurisdiction of the Cuyahoga County Juvenile Court, is an exercise of police power properly exercised by the City of North Olmsted and seeks to avoid further violations of local and state criminal and traffic codes; and WHEREAS, the Council seeks to (1) resurrect and establish a locally controlled Community Diversion Program to educate juveniles before their involvement in the juvenile justice system and to further legislatively ratify, acknowledge and re-establish the previously - created Juvenile Traffic Intervention Program ("JTIP"). NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF NORTH OLMSTED, COUNTY OF CUYAHOGA, AND STATE OF OHIO: SECTION 1: Pursuant to authority granted it by the Ohio Constitution, the City of North Olmsted hereby establishes a locally -controlled Community Diversion Program and ratifies and establishes a local Juvenile Traffic Intervention Program ("JTIP") to educate juveniles suspected of being in violation of state and local traffic codes, but not charged with violation of the same, all in an effort to avoid further violations by such juveniles. SECTION 2: A local program fee of between eighty dollars ($80.00) to one hundred twenty dollars ($120.00) for referrals of a juvenile suspected of (but not charged with) delinquency and unruliness (including suspected traffic infractions) shall be charged to the parent or other guardian of each juvenile who participates in the Community Diversion Program of the Division of Youth and Family Services. In addition to this fee, each parent or guardian of a juvenile who violates the Program's guidelines and is thereafter charged in the Juvenile Court within (a) one (1) year of his or her admission to the program for uncharged offenses cases of delinquency and unruliness and (b) within ninety (90) days for uncharged tobacco and uncharged traffic violations, shall pay an administrative fee which shall be no less than twenty-five dollars 2