Ohio Revised Code
Chapter 5122 | Hospitalization of Mentally Ill
Section 5122.141 | Initial Hearing.

Effective: September 17, 2014
Latest Legislation: Senate Bill 43 - 130th General Assembly
(A) A respondent who is involuntarily placed in a hospital or other place as designated in section 5122.10 or 5122.17 of the Revised Code, or with respect to whom proceedings have been instituted under section 5122.11 of the Revised Code, shall be afforded a hearing to determine whether or not the respondent is a mentally ill person subject to court order. The hearing shall be conducted pursuant to section 5122.15 of the Revised Code, and the respondent shall have the right to counsel as provided in that section.
(B) The hearing shall be conducted within five court days from the day on which the respondent is detained or an affidavit is filed, whichever occurs first, in a physical setting not likely to have a harmful effect on the respondent, and may be conducted in a hospital in or out of the county. On the motion of the respondent, the respondent's counsel, the chief clinical officer, or on its own motion, and for good cause shown, the court may order a continuance of the hearing. The continuance may be for no more than ten days from the day on which the respondent is detained or on which an affidavit is filed, whichever occurs first. Failure to conduct the hearing within this time shall effect an immediate discharge of the respondent. If the proceedings are not reinstituted within thirty days, all records of the proceedings shall be expunged.
(C) If the court does not find that the respondent is a mentally ill person subject to court order, it shall order the respondent's immediate discharge, and shall expunge all record of the proceedings during this period.
(D) If the court finds that the respondent is a mentally ill person subject to court order, the court may issue an interim order of detention ordering any health or police officer or sheriff to take into custody and transport such person to a hospital or other place designated in section 5122.17 of the Revised Code, where the respondent may be observed and treated.
(E) A respondent or a respondent's counsel, after obtaining the consent of the respondent, may waive the hearing provided for in this section. In such case, unless the person has been discharged, a mandatory full hearing shall be held by the thirtieth day after the original involuntary detention of the respondent. Failure to conduct the mandatory full hearing within this time limit shall result in the immediate discharge of the respondent.
(F) Where possible, the initial hearing shall be held before the respondent is taken into custody.

Structure Ohio Revised Code

Ohio Revised Code

Title 51 | Public Welfare

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 5122.20 | Transfers.

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 5122.25 | Rehearing.

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 5122.311 | Notification of Bureau of Criminal Identification and Investigation of Adjudication of Mental Illness.

Section 5122.32 | Confidentiality of Quality Assurance Records.

Section 5122.33 | Department of Mental Health and Addiction Services; Additional Powers.

Section 5122.34 | Immunity.

Section 5122.341 | Immunity From Liability.

Section 5122.35 | Venue.

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.

Section 5122.99 | Penalty.