Effective: August 3, 2021
Latest Legislation: Senate Bill 2 - 134th General Assembly
Proceedings for a mentally ill person subject to court order pursuant to sections 5122.11 to 5122.15 of the Revised Code shall be commenced by the filing of an affidavit in the manner prescribed by the department of mental health and addiction services and in a form prescribed in section 5122.111 of the Revised Code, by any person or persons with the probate court, either on reliable information or actual knowledge, whichever is determined to be proper by the court. This section does not apply to the hospitalization of a person pursuant to section 2945.39, 2945.40, 2945.401, or 2945.402 of the Revised Code.
The affidavit shall contain an allegation setting forth the specific category or categories under division (B) of section 5122.01 of the Revised Code upon which the jurisdiction of the court is based and a statement of alleged facts sufficient to indicate probable cause to believe that the person is a mentally ill person subject to court order. The affidavit may be accompanied, or the court may require that the affidavit be accompanied, by a certificate of a psychiatrist, or a certificate signed by a licensed clinical psychologist and a certificate signed by a licensed physician stating that the person who issued the certificate has examined the person and is of the opinion that the person is a mentally ill person subject to court order, or shall be accompanied by a written statement by the applicant, under oath, that the person has refused to submit to an examination by a psychiatrist, or by a licensed clinical psychologist and licensed physician.
With regard to a defendant described in division (B)(1)(a)(v)(I) of section 2945.38 of the Revised Code for whom criminal charges were dismissed, the affidavit shall contain a space for the trial court or prosecutor filing the affidavit to indicate that the person named in the affidavit is such a defendant.
Upon receipt of the affidavit, if a judge of the court or a referee who is an attorney at law appointed by the court has probable cause to believe that the person named in the affidavit is a mentally ill person subject to court order, the judge or referee may issue a temporary order of detention ordering any health or police officer or sheriff to take into custody and transport the person to a hospital or other place designated in section 5122.17 of the Revised Code, or may set the matter for further hearing. If a temporary order of detention is issued and the person is transported to a hospital or other designated place, the court that issued the order shall retain jurisdiction over the case as it relates to the person's outpatient treatment, notwithstanding that the hospital or other designated place to which the person is transported is outside the territorial jurisdiction of the court.
The person may be observed and treated until the hearing provided for in section 5122.141 of the Revised Code. If no such hearing is held, the person may be observed and treated until the hearing provided for in section 5122.15 of the Revised Code.
Last updated May 19, 2021 at 11:41 AM
Structure Ohio Revised Code
Chapter 5122 | Hospitalization of Mentally Ill
Section 5122.01 | Hospitalization of Mentally Ill Definitions.
Section 5122.011 | Application of Chapter.
Section 5122.02 | Application for Voluntary Admission.
Section 5122.03 | Release of Voluntary Patients.
Section 5122.04 | Outpatient Services for Minors Without Knowledge or Consent of Parent or Guardian.
Section 5122.05 | Involuntary Admission.
Section 5122.09 | Release Before Hearing.
Section 5122.10 | Emergency Hospitalization.
Section 5122.11 | Court Ordered Treatment of Mentally Ill Person.
Section 5122.111 | Affidavit of Mental Illness.
Section 5122.112 | Termination of Probate Court Jurisdiction.
Section 5122.12 | Hearing Notice.
Section 5122.13 | Investigation.
Section 5122.141 | Initial Hearing.
Section 5122.15 | Full Hearing.
Section 5122.16 | Hospital Care or Treatment by Veterans' Administration or Other u.s. Agency.
Section 5122.17 | Temporary Detention.
Section 5122.18 | Notice of Hospitalization.
Section 5122.19 | Medical Examination Within 24 Hours of Arrival.
Section 5122.21 | Discharging Involuntary Patients.
Section 5122.22 | Trial Visits.
Section 5122.23 | Reporting Death or Change in Custody Status of Patient.
Section 5122.231 | Applying for County Services.
Section 5122.26 | Patient Absent Without Leave.
Section 5122.27 | Chief Clinical Officer Duties.
Section 5122.271 | Consent to Treatment.
Section 5122.28 | Labor and Tasks Performed by Patients.
Section 5122.29 | Patients' Rights.
Section 5122.30 | Writ of Habeas Corpus.
Section 5122.301 | Civil Rights of Patients.
Section 5122.31 | Confidentiality.
Section 5122.32 | Confidentiality of Quality Assurance Records.
Section 5122.33 | Department of Mental Health and Addiction Services; Additional Powers.
Section 5122.341 | Immunity From Liability.
Section 5122.36 | Expenses of Return to County of Residence.
Section 5122.38 | Competency Adjudications.
Section 5122.39 | Guardianship of Mentally Ill Persons.
Section 5122.41 | Transmission of Court Papers.
Section 5122.42 | Preservation of Rights and Privileges.
Section 5122.43 | Payment of Costs, Fees, and Expenses of Proceedings - Reimbursement.
Section 5122.44 | Patients Buried on Department Hospital Grounds - Definitions.
Section 5122.45 | Compilation of Patient Information for Each Cemetery.
Section 5122.46 | History Connection and State Agencies to Provide Access to Information.
Section 5122.47 | Deposit of Compilations With History Connection and State Library.