Involuntary hospitalization (also known as probate committment or court-ordered hospitalization)
is a process by which family members or concerned others of a person believed to be suffering from
a neurobiological disorder may get treatment when the person has refused help.
CLIENT'S RIGHTS
Any person who is involuntarily detained in a hospital shall be informed and receive a written
statement from the hospital that he/she may:
Immediately make a reasonable number of telephone calls or use other reasonable means to contact
an attorney, a licensed physician, a licensed clinical psychologist, or to contact some other
person(s) to secure representation by counsel, or to obtain medical or psychological assistance,
and be provided assistance in making calls if such assistance is needed and requested;
Retain counsel and have independent expert evaluation of his/her mental condition and, if he/she
is unable to obtain an attorney or independent expert evaluation, be represented by court-appointed
counsel or have independent expert evaluation of his/her mental condition, or both, at public
expense if he/she is indigent;
Have a hearing to determine whether or not he/she is a mentally ill person subject to
hospitalization by court order.
EMERGENCY ADMISSION APPLICATION PROCEDURE
Every person transported to a hospital or community mental health agency pursuant to R.C. 5122.00
to 5122.16 shall be examined by a qualified health officer as soon as practicable after arrival.
Such an examination shall be held within 24 hours after time of arrival. The qualified health officer
may certify in his/her opinion that the person is suffering from a mental illness, subject to
hospitalization by court order. However, if the person does not meet such a criteria, he/she shall
be immediately released.
PROBATE PROCEDURE
An affidavit alleging mental illness is filed within three court days with the Probate Court for
individuals admitted on an emergency involuntary basis who refuse to sign the voluntary admission
form, and whom the treating psychiatrist believes continues to meet involuntary criteria. A probate
prescreening will also be conducted.
Upon receipt of the affidavit, the Court may, if there is probable cause, issue a Temporary Order
of Detention (TOD) ordering any health or police officer or sheriff to take into custody and
transport the person to a hospital. Also, the Court may dismiss the affidavit if it determines
that no probable cause exists.
Once the affidavit is filed with the Probate Court, an attorney will be assigned by Probate Court
to represent the respondent (individual alleged to have a serious brain disorder).
Upon receipt of an affidavit, the Court will provide written notice to all entitled parties of any
hearing concerning the affidavit in accordance with R.C. 5122.12. A full hearing shall be conducted
within five court days from the day on which the person is detained or an affidavit is filed,
whichever is first. The Court may order a continuance of the hearing for no more than 10 days from
the day on which the person is detained or on which an affidavit is filed, whichever is first.
During the probate hearing, the results of the independent psychiatric evaluation will be admitted
into court and testamony will be provided by individuals with first-hand information. These include
family members, significant others and hospital staff. The emergency prescreener will also be
required to be present at that hearing to express findings and provide relevant treatment
history.
The disposition by the Court will be either continued committment at a treatment facility, not
to exceed 90 days, or immediate discharge. |
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Related Pages
Client Rights
Involuntary Hospitalization
Agencies you may contact to file a complaint/grievance:
Crawford-Marion ADAMH Board
142 South Prospect Street
Marion, OH 43302
740-387-8531
Ohio Department of Mental Health
30 East Broad Street, 8th Floor
Columbus, OH 43215-3430
614-466-2596
Ohio Legal Rights Service
8 East Long Street, 5th Floor
Columbus, OH 43215-2999
800-282-9181
614-466-7264
Attorney General’s Office, Medicaid Fraud Control Section
30 East Broad Street, 17th Floor
Columbus, OH 43215-3428
614-466-4320
Office for Civil Rights
Cleveland Office
U. S. Department of Education
600 Superior Avenue East Bank One Center, Room 750
Cleveland, OH 44114-2611
216-522-4970
Ohio Counselor and Social Worker Board
77 South High Street, 16th Floor
Columbus, OH 43215-6108
614-466-0912
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