¶1concurring in judgment only.
¶2(¶ 19} I agree that it was proper for the juvenile court to hold a classification hearing at the time of I.A.’s disposition. I write separately, however, to disavow the notion — as stated in the court of appeals’ opinion, 2012-Ohio-4973, ¶ 15, and as suggested by the majority at ¶ 14 and 17 — that the juvenile court could have also held a second R.C. 2152.83(B) hearing at the time of I.A.’s release. R.C. 2152.83(B) authorizes only a single hearing. A juvenile court may choose to hold that hearing either at the juvenile’s disposition or at the time of the juvenile’s release, but not at both.
¶3{¶ 20} R.C. 2152.83(B)(1) provides that a juvenile court “may conduct at the time of disposition of the child or, if the court commits the child for the delinquent act to the custody of a secure facility, may conduct at the time of the child’s release from the secure facility a hearing.” (Emphasis added.) Although the statute unambiguously provides a court with two options, the connector “or” separates them, indicating distinct alternatives. Pizza v. Sunset Fireworks Co., Inc., 25 Ohio St.3d 1, 4-5, 494 N.E.2d 1115 (1986). A juvenile court may choose option one (a hearing at disposition) or option two (a hearing at release), but it cannot choose both.
¶4{¶ 21} Indeed, R.C. 2152.83(B)(2) authorizes only a single hearing. (“A judge shall conduct a hearing under division (B)(1) of this section … ”). And the remainder of the statute unambiguously refers to the R.C. 2152.83(B) hearing as a one-time event. See R.C. 2152.83(B)(1) (juvenile court “may conduct … a hearing” [emphasis added]), 2152.83(B)(2) (“The judge may conduct the hearing”-, “If the judge conducts the hearing”-, “upon completion of the hearing” [emphasis added]), and 2152.83(C)(1) (referring to “the hearing under division (B) of this section” [emphasis added]).
¶5{¶ 22} Given the consistent, plain language of the statute, I cannot support the idea that “a court ‘may’ choose to conduct a hearing at both times.” 2012-Ohio-4973, ¶ 15. A juvenile court has discretion over the timing of its R.C. 2152.83(B) hearing, but there can be only one hearing.