The Ohio Revised Code vests the Probate Court with jurisdiction to handle cases involving hospitalizations and civil commitments pursuant to R.C. Chapter 5122.
What is an involuntary civil commitment?
A civil commitment is a legal proceeding resulting in a person who is mentally ill being committed to a hospital for treatment.
Top of Page
What is “mental illness” under the Ohio Revised Code?
Mental illness is defined under the Ohio Revised Code as “a substantial disorder of thought, mood, perception, orientation, or memory that grossly impairs judgment, behavior, capacity to recognize reality, or ability to meet the ordinary demands of life.”
Top of Page
What needs to be filed with the Probate Court for an involuntary civil commitment?
An adult who is seeking Court-ordered mental health treatment for another individual may begin the process by filing an Affidavit of Mental Illness with the Probate Court, in compliance with the manner prescribed in R.C. 5122.111. The Affidavit is a sworn statement made by the individual before a Court employee. The party submitting the Affidavit is required to present valid photo identification when filing the statement in Room 105.
Top of Page
Who can file an Affidavit for Mental Illness?
Any person or persons who possess reliable information or actual knowledge regarding the individual for whom they are seeking Court-ordered treatment.
Top of Page
What is the cost to file an Affidavit for Mental Illness?
The Court cost for an Affidavit of Mental Illness is $25.00. The Court accepts cash, money order, MasterCard, Visa, Discover and American Express credit or debit cards. There is a $2.00 convenience fee to use a credit or debit card. To pay with card you must also have Photo ID.
Top of Page
Where can someone file an Affidavit for Mental Illness?
Affidavits of Mental Illness are filed in the Psychiatric Department, located in Room 105.
Top of Page
What happens after an Affidavit for Mental Illness is filed?
Once an Affidavit of Mental Illness is filed, if the Court has probable cause to believe that the person named in the affidavit is a person with a mental illness subject to a Court Order, then the Court will issue a Temporary Order of Detention. Local police will then transport the individual to the hospital for a psychiatric evaluation.
Top of Page
What happens after the individual is transported to the hospital?
The Court will schedule an initial hearing within five court days from the day on which the individual was detained or an Affidavit of Mental Illness is filed, whichever occurs first. The Court will also schedule a full hearing which must be held by the thirtieth day after the original involuntary detention of the individual.
Top of Page
How long will the Court Order stay in effect?
If, upon completion of the hearing, the Court finds by clear and convincing evidence that the individual is a person with a mental illness subject to Court Order, the Court will issue an Order that will not exceed ninety (90) days.
Top of Page
If you have general questions or require more information, please contact the Department of Psychiatric Services at 216-443-8123.