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Last updated November 2003
Title 51 – PUBLIC
WELFARE
CHAPTER
5122: HOSPITALIZATION OF MENTALLY ILL
§ 5122.01 Definitions.
-- RC § 5122.01 is affected by Am. Sub. H.B. 490 (149 v --), effective
As used in this chapter and Chapter 5119. of the Revised
Code:
(A) "Mental illness" means 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.
(B) "Mentally ill person subject to hospitalization by
court order" means a mentally ill person who, because of the person's
illness:
(1) Represents a substantial risk of
physical harm to self as manifested by evidence of threats of, or attempts at,
suicide or serious self-inflicted bodily harm;
(2) Represents a substantial risk of
physical harm to others as manifested by evidence of recent homicidal or other
violent behavior, evidence of recent threats that place another in reasonable
fear of violent behavior and serious physical harm, or other evidence of
present dangerousness;
(3) Represents a substantial and
immediate risk of serious physical impairment or injury to self as manifested
by evidence that the person is unable to provide for and is not providing for
the person's basic physical needs because of the person's mental illness and
that appropriate provision for those needs cannot be made immediately available
in the community; or
(4) Would benefit from treatment in
a hospital for his mental illness and is in need of such treatment as
manifested by evidence of behavior that creates a grave and imminent risk to
substantial rights of others or himself.
(C)(1) "Patient" means, subject to division (C)(2) of this section, a person who is admitted either
voluntarily or involuntarily to a hospital or other place under section
2945.39, 2945.40, 2945.401 [2945.40.1], or 2945.402 [2945.40.2] of the Revised
Code subsequent to a finding of not guilty by reason of insanity or
incompetence to stand trial or under this chapter, who is under observation or
receiving treatment in such place.
(2) "Patient" does not
include a person admitted to a hospital or other place under section 2945.39,
2945.40, 2945.401 [2945.40.1], or 2945.402 [2945.40.2] of the Revised Code to
the extent that the reference in this chapter to patient, or the context in
which the reference occurs, is in conflict with any provision of sections
2945.37 to 2945.402 [2945.40.2] of the Revised Code.
(D) "Licensed physician" means a person licensed under
the laws of this state to practice medicine or a medical officer of the
government of the
(E) "Psychiatrist" means a licensed physician who
has satisfactorily completed a residency training program in psychiatry, as
approved by the residency review committee of the American medical association,
the committee on post-graduate education of the American osteopathic
association, or the American osteopathic board of neurology and psychiatry, or
who on July 1, 1989, has been recognized as a psychiatrist by the Ohio state
medical association or the Ohio osteopathic association on the basis of formal
training and five or more years of medical practice limited to psychiatry.
(F) "Hospital" means a hospital or inpatient unit
licensed by the department of mental health under section 5119.20 of the
Revised Code, and any institution, hospital, or other place established,
controlled, or supervised by the department under Chapter 5119. of the Revised
Code.
(G) "Public hospital" means a facility that is
tax-supported and under the jurisdiction of the department of mental health.
(H) "Community mental health agency" means any
agency, program, or facility with which a board of alcohol, drug addiction, and
mental health services contracts to provide the mental health services listed
in section 340.09 of the Revised Code.
(I) "Licensed clinical psychologist" means a
person who holds a current valid psychologist license issued under section
4732.12 or 4732.15 of the Revised Code, and in addition, meets either of the
following criteria:
(1) Meets the educational
requirements set forth in division (B) of section 4732.10 of the Revised Code
and has a minimum of two years' full-time professional experience, or the
equivalent as determined by rule of the state board of psychology, at least one
year of which shall be post-doctoral, in clinical psychological work in a
public or private hospital or clinic or in private practice, diagnosing and treating
problems of mental illness or mental retardation under the supervision of a
psychologist who is licensed or who holds a diploma issued by the American
board of professional psychology, or whose qualifications are substantially
similar to those required for licensure by the state board of psychology when
the supervision has occurred prior to enactment of laws governing the practice
of psychology;
(2) Meets the educational
requirements set forth in division (B) of section 4732.15 of the Revised Code
and has a minimum of four years' full-time professional experience, or the
equivalent as determined by rule of the state board of psychology, in clinical
psychological work in a public or private hospital or clinic or in private
practice, diagnosing and treating problems of mental illness or mental
retardation under supervision, as set forth in division (I)(1)
of this section.
(J) "Health officer" means any public health
physician; public health nurse; or other person authorized by or designated by
a city health district; a general health district; or a board of alcohol, drug
addiction, and mental health services to perform the duties of a health officer
under this chapter.
(K) "Chief clinical officer" means the medical
director of a hospital, or a community mental health agency, or a board of
alcohol, drug addiction, and mental health services, or, if there is no medical
director, the licensed physician responsible for the treatment a hospital or
community mental health agency provides. The chief clinical officer may
delegate to the attending physician responsible for a patient's care the duties
imposed on the chief clinical officer by this chapter. Within a community
mental health agency, the chief clinical officer shall be designated by the governing
body of the agency and shall be a licensed physician or licensed clinical
psychologist who supervises diagnostic and treatment services. A licensed
physician or licensed clinical psychologist designated by the chief clinical
officer may perform the duties and accept the responsibilities of the chief
clinical officer in his absence.
(L) "Working day" or "court day" means
Monday, Tuesday, Wednesday, Thursday, and Friday, except when such day is a
holiday.
(M) "Indigent" means unable without deprivation of
satisfaction of basic needs to provide for the payment of an attorney and other
necessary expenses of legal representation, including expert testimony.
(N) "Respondent" means the person whose detention,
commitment, hospitalization, continued hospitalization or commitment, or
discharge is being sought in any proceeding under this chapter.
(O) "Legal rights service" means the service
established under section 5123.60 of the Revised Code.
(P) "Independent expert evaluation" means an evaluation
conducted by a licensed clinical psychologist, psychiatrist, or licensed
physician who has been selected by the respondent or his counsel and who
consents to conducting the evaluation.
(Q) "Court" means the probate division of the
court of common pleas.
(R) "Expunge" means:
(1) The removal and destruction of
court files and records, originals and copies, and the deletion of all index
references;
(2) The reporting to the person of
the nature and extent of any information about him transmitted to any other
person by the court;
(3) Otherwise insuring that any
examination of court files and records in question shall show no record
whatever with respect to the person;
(4) That all rights and privileges
are restored, and that the person, the court, and any other person may properly
reply that no such record exists, as to any matter expunged.
(S) "Residence" means a person's physical presence
in a county with intent to remain there, except that:
(1) If a person is receiving a mental health
service at a facility that includes nighttime sleeping accommodations,
residence means that county in which the person maintained his primary place of
residence at the time he entered the facility;
(2) If a person is committed pursuant to section
2945.38, 2945.39, 2945.40, 2945.401 [2945.40.1], or 2945.402 [2945.40.2] of the
Revised Code, residence means the county where the criminal charges were filed.
When the residence of a person is disputed, the matter of
residence shall be referred to the department of mental health for
investigation and determination. Residence shall not be a basis for a board's
denying services to any person present in the board's service district, and the
board shall provide services for a person whose residence is in dispute while
residence is being determined and for a person in an emergency situation.
(T) "Admission" to a hospital or other place means
that a patient is accepted for and stays at least one night at the hospital or
other place.
(U) "Prosecutor" means the prosecuting attorney,
village solicitor, city director of law, or similar chief legal officer who
prosecuted a criminal case in which a person was found not guilty by reason of
insanity, who would have had the authority to prosecute a criminal case against
a person if the person had not been found incompetent to stand trial, or who
prosecuted a case in which a person was found guilty.
(V) "Treatment plan" means a written statement of
reasonable objectives and goals for an individual established by the treatment
team, with specific criteria to evaluate progress towards achieving those
objectives. The active participation of the patient in establishing the
objectives and goals shall be documented. The treatment plan shall be based on
patient needs and include services to be provided to the patient while he is
hospitalized and after he is discharged. The treatment plan shall address
services to be provided upon discharge, including but not limited to housing,
financial, and vocational services.
[§ 5122.01.1] §
5122.011 Application to defendant found incompetent or to insanity acquittee.
The provisions of this chapter regarding hospitalization
apply to a person who is found incompetent to stand trial or not guilty by
reason of insanity and is committed pursuant to section 2945.39, 2945.40,
2945.401 [2945.40.1], or 2945.402 [2945.40.2] of the Revised Code to the extent
that the provisions are not in conflict with any provision of sections 2945.37 to
2945.402 [2945.40.2] of the Revised Code. If a provision of this chapter is in
conflict with a provision in sections 2945.37 to 2945.402 [2945.40.2] of the
Revised Code regarding a person who has been so committed, the provision in
sections 2945.37 to 2945.402 [2945.40.2] of the Revised Code shall control
regarding that person.
§ 5122.02 Admission of
voluntary patients.
(A) Except as provided in division (D) of this section, any
person who is eighteen years of age or older and who is, appears to be, or
believes self to be mentally ill may make written application for voluntary
admission to the chief medical officer of a hospital.
(B) Except as provided in division (D) of this section, the
application also may be made on behalf of a minor by a parent, a guardian of
the person, or the person with custody of the minor, and on behalf of an adult
incompetent person by the guardian or the person with custody of the
incompetent person.
Any person whose admission is applied for under division (A)
or (B) of this section may be admitted for observation, diagnosis, care, or
treatment, in any hospital unless the chief clinical officer finds that
hospitalization is inappropriate, and except that, in the case of a public
hospital, no person shall be admitted without the authorization of the board of
the person's county of residence.
(C) If a minor or person adjudicated incompetent due to
mental illness whose voluntary admission is applied for under division (B) of
this section is admitted, the court shall determine, upon petition by the legal
rights service, private or otherwise appointed counsel, a relative, or one
acting as next friend, whether the admission or continued hospitalization is in
the best interest of the minor or incompetent.
The chief clinical officer shall discharge any voluntary
patient who has recovered or whose hospitalization the officer determines to be
no longer advisable and may discharge any voluntary patient who refuses to
accept treatment consistent with the written treatment plan required by section
5122.27 of the Revised Code.
(D) A person who is found incompetent to stand trial or not
guilty by reason of insanity and who is committed pursuant to section 2945.39,
2945.40, 2945.401 [2945.40.1], or 2945.402 [2945.40.2] of the Revised Code
shall not voluntarily admit himself or herself or be voluntarily admitted to a
hospital pursuant to this section until after the final termination of the
commitment, as described in division (J) of section 2945.401 [2945.40.1] of the
Revised Code.
§ 5122.03 Right to
release of voluntary patients.
A patient admitted under section 5122.02 of the Revised Code
who requests his release in writing, or whose release is requested in writing
by his counsel, legal guardian, parent, spouse, or adult next of kin shall be
released forthwith, except that when:
(A) The patient was admitted on his
own application and the request for release is made by a person other than the
patient, release may be conditional upon the agreement of the patient; or
(B) The chief clinical officer of
the hospital, within three court days from the receipt of the request for
release, files or causes to be filed with the court of the county where the
patient is hospitalized or of the county where the patient is a resident, an
affidavit under section 5122.11 of the Revised Code. Release may be postponed
until the hearing held under section 5122.141 [5122.14.1] of the Revised Code.
A telephone communication within three court days from the receipt of the
request for release from the chief clinical officer to the court, indicating
that the required affidavit has been mailed, is sufficient compliance with the
time limit for filing such affidavit.
Unless the patient is released within three days from the
receipt of the request by the chief clinical officer, the request shall serve
as a request for an initial hearing under section 5122.141 [5122.14.1] of the
Revised Code. If the court finds that the patient is a mentally ill person
subject to hospitalization by court order, all provisions of this chapter with
respect to involuntary hospitalization apply to such person.
Judicial proceedings for hospitalization shall not be
commenced with respect to a voluntary patient except pursuant to this section.
Sections 5121.01 to 5121.10 of the Revised Code apply to persons received in a
hospital operated by the department of mental health on a voluntary
application.
The chief clinical officer of the hospital shall provide
reasonable means and arrangements for informing patients of their rights to
release as provided in this section and for assisting them in making and
presenting requests for release or for a hearing under section 5122.141
[5122.14.1] of the Revised Code.
Before a patient is released from a public hospital, the
chief clinical officer shall, when possible, notify the board of the patient's
county of residence of the patient's pending release after he has informed the
patient that the board will be so notified.
§ 5122.04 Confidential
outpatient services for minors.
(A) Upon the request of a minor fourteen years of age or
older, a mental health professional may provide outpatient mental health
services, excluding the use of medication, without the consent or knowledge of
the minor's parent or guardian. Except as otherwise provided in this section,
the minor's parent or guardian shall not be informed of the services without
the minor's consent unless the mental health professional treating the minor
determines that there is a compelling need for disclosure based on a
substantial probability of harm to the minor or to other persons, and if the
minor is notified of the mental health professional's intent to inform the
minor's parent, or guardian.
(B) Services provided to a minor pursuant to this section
shall be limited to not more than six sessions or thirty days of services
whichever occurs sooner. After the sixth session or thirty days of services the
mental health professional shall terminate the services or, with the consent of
the minor, notify the parent, or guardian, to obtain consent to provide further
outpatient services.
(C) The minor's parent or guardian shall not be liable for
the costs of services which are received by a minor under division (A).
(D) Nothing in this section relieves a mental health
professional from the obligations of section 2151.421 [2151.42.1] of the
Revised Code.
(E) As used in this section, "mental health
professional" has the same meaning as in section 340.02 of the Revised
Code.
[§ 5122.04.1] §
5122.041 Amended and renumbered RC § 5122.49 in 138 v H 900, eff
§ 5122.05 Admission
and rights of involuntary patients.
(A) The chief clinical officer of a hospital may, and the
chief clinical officer of a public hospital in all cases of psychiatric medical
emergencies, shall receive for observation, diagnosis, care, and treatment any
person whose admission is applied for under any of the following procedures:
(1) Emergency procedure, as provided
in section 5122.10 of the Revised Code;
(2) Judicial procedure as provided
in sections 2945.38, 2945.39, 2945.40, 2945.401 [2945.40.1], 2945.402
[2945.40.2], and 5122.11 to 5122.15 of the Revised Code.
Upon application for such admission, the chief clinical
officer of a hospital immediately shall notify the board of the patient's
county of residence. To assist the hospital in determining whether the patient
is subject to involuntary hospitalization and whether alternative services are
available, the board or an agency the board designates promptly shall assess
the patient unless the board or agency already has performed such assessment,
or unless the commitment is pursuant to section 2945.38, 2945.39, 2945.40,
2945.401 [2945.40.1], or 2945.402 [2945.40.2] of the Revised Code.
(B) No person who is being treated by spiritual means
through prayer alone, in accordance with a recognized religious method of
healing, may be involuntarily committed unless the court has determined that
the person represents a substantial risk of impairment or injury to self or
others;
(C) Any person who is involuntarily detained in a hospital
or otherwise is in custody under this chapter, immediately upon being taken
into custody, shall be informed and provided with a written statement that the
person may do any of the following:
(1) Immediately make a reasonable
number of telephone calls or use other reasonable means to contact an attorney,
a licensed physician, or a licensed clinical psychologist, to contact any other
person or persons to secure representation by counsel, or to obtain medical or
psychological assistance, and be provided assistance in making calls if the
assistance is needed and requested;
(2) Retain counsel and have
independent expert evaluation of the person's mental condition and, if the person
is unable to obtain an attorney or independent expert evaluation, be
represented by court-appointed counsel or have independent expert evaluation of
the person's mental condition, or both, at public expense if the person is
indigent;
(3) Have a hearing to determine
whether or not the person is a mentally ill person subject to hospitalization
by court order.
§ 5122.06 Repealed,
142 v S 156, § 2 [136 v H 244; 137 v H 725; 138 v S 297; 138 v H 900; 138 v H
965]. Eff
This section concerned presentation of case that person is
mentally ill.
§§ 5122.07, 5122.08
Repealed, 136 v H 244, § 2 [129 v 1448; 130 v 1193; 134 v H 494]. Eff
These sections concerned removal to hospital; emergency
hospitalization with medical certificate.
§ 5122.09 Release
before hearing; expungement of record.
If a person taken into custody under section 5122.10 or
5122.11 of the Revised Code is released from custody before having an initial
hearing, a court that has made a file or record relating to the person during
this period shall expunge it.
§ 5122.10 Emergency
hospitalization; temporary detention; limitations. -- RC § 5122.10 is affected
by Am. Sub. H.B. 490 (149 v --), effective
Any psychiatrist, licensed clinical psychologist, licensed
physician, health officer, parole officer, police officer, or sheriff may take
a person into custody, or the chief of the adult parole authority or a parole
or probation officer with the approval of the chief of the authority may take a
parolee, probationer, offender on post-release control, or offender under
transitional control into custody and may immediately transport the parolee,
probationer, offender on post-release control, or offender under transitional
control to a hospital or, notwithstanding section 5119.20 of the Revised Code,
to a general hospital not licensed by the department of mental health where the
parolee, probationer, offender on post-release control, or offender under
transitional control may be held for the period prescribed in this section, if
the psychiatrist, licensed clinical psychologist, licensed physician, health
officer, parole officer, police officer, or sheriff has reason to believe that
the person is a mentally ill person subject to hospitalization by court order
under division (B) of section 5122.01 of the Revised Code, and represents a
substantial risk of physical harm to self or others if allowed to remain at
liberty pending examination.
A written statement shall be given to such hospital by the
transporting psychiatrist, licensed clinical psychologist, licensed physician,
health officer, parole officer, police officer, chief of the adult parole
authority, parole or probation officer, or sheriff stating the circumstances
under which such person was taken into custody and the reasons for the
psychiatrist's, licensed clinical psychologist's, licensed physician's, health
officer's, parole officer's, police officer's, chief of the adult parole authority's,
parole or probation officer's, or sheriff's belief. This statement shall be
made available to the respondent or the respondent's attorney upon request of
either.
Every reasonable and appropriate effort shall be made to
take persons into custody in the least conspicuous manner possible. A person
taking the respondent into custody pursuant to this section shall explain to
the respondent: the name, professional designation, and agency affiliation of
the person taking the respondent into custody; that the custody-taking is not a
criminal arrest; and that the person is being taken for examination by mental
health professionals at a specified mental health facility identified by name.
If a person taken into custody under this section is
transported to a general hospital, the general hospital may admit the person,
or provide care and treatment for the person, or both, notwithstanding section
5119.20 of the Revised Code, but by the end of twenty-four hours after arrival
at the general hospital, the person shall be transferred to a hospital as
defined in section 5122.01 of the Revised Code.
A person transported or transferred to a hospital or
community mental health agency under this section shall be examined by the
staff of the hospital or agency within twenty-four hours after arrival at the
hospital or agency. If to conduct the examination requires that the person
remain overnight, the hospital or agency shall admit the person in an
unclassified status until making a disposition under this section. After the
examination, if the chief clinical officer of the hospital or agency believes
that the person is not a mentally ill person subject to hospitalization by
court order, the chief clinical officer shall release or discharge the person
immediately unless a court has issued a temporary order of detention applicable
to the person under section 5122.11 of the Revised Code. After the examination,
if the chief clinical officer believes that the person is a mentally ill person
subject to hospitalization by court order, the chief clinical officer may
detain the person for not more than three court days following the day of the
examination and during such period admit the person as a voluntary patient
under section 5122.02 of the Revised Code or file an affidavit under section
5122.11 of the Revised Code. If neither action is taken and a court has not
otherwise issued a temporary order of detention applicable to the person under
section 5122.11 of the Revised Code, the chief clinical officer shall discharge
the person at the end of the three-day period unless the person has been
sentenced to the department of rehabilitation and correction and has not been
released from the person's sentence, in which case the person shall be returned
to that department.
§ 5122.11 Judicial
hospitalization; temporary detention order.
Proceedings for the hospitalization of a person pursuant to
sections 5122.11 to 5122.15 of the Revised Code shall be commenced by the
filing of an affidavit in the manner and form prescribed by the department of
mental health, by any person or persons with the 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 [2945.40.1], or 2945.402 [2945.40.2] 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 hospitalization by 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
hospitalization by 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.
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 hospitalization by 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.
The person may be observed and treated until the hearing
provided for in section 5122.141 [5122.14.1] 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.
§ 5122.12 Notice of
hearing.
After receipt of the affidavit required by section 5122.11
of the Revised Code, the court shall cause written notice by mail or otherwise
of any hearing as the court directs to be given to the following persons:
(A) The respondent;
(B) The respondent's legal guardian,
if any, the respondent's spouse, if any, and the respondent's parents, if the
respondent is a minor, if these persons' addresses are known to the court or
can be obtained through exercise of reasonable diligence;
(C) The person who filed the
affidavit;
(D) Any one person designated by the
respondent; but if the respondent does not make a selection, the notice shall
be sent to the adult next of kin other than the person who filed the affidavit
if that person's address is known to the court or can be obtained through
exercise of reasonable diligence;
(E) The respondent's counsel;
(F) The director, chief clinical
officer, or the respective designee of the hospital, board, agency, or facility
to which the person has been committed;
(G) The board of alcohol, drug
addiction, and mental health services serving the respondent's county of
residence or an agency the board designates.
Any person entitled to notice under this section, with the
exception of the respondent, may waive the notice.
A copy of the affidavit and temporary order of detention
shall be served with the notice to the parties and to respondent's counsel, if
counsel has been appointed or retained.
§ 5122.13
Investigation and report by court.
Upon receipt of the affidavit required by section 5122.11 of
the Revised Code, the court shall refer the affidavit to the board of alcohol,
drug addiction, and mental health services or an agency the board designates to
assist the court in determining whether the respondent is subject to
hospitalization and whether alternative services are available, unless the
agency or board has already performed such screening. The board or agency shall
review the allegations of the affidavit and other information relating to
whether or not the person named in the affidavit or statement is a mentally ill
person subject to hospitalization by court order, and the availability of
appropriate treatment alternatives.
The person who conducts the investigation shall promptly
make a report to the court, in writing, in open court or in chambers, as
directed by the court and a full record of the report shall be made by the
court. The report is not admissible as evidence for the purpose of establishing
whether or not the respondent is a mentally ill person subject to
hospitalization by court order, but shall be considered by the court in its
determination of an appropriate placement for any person after that person is
found to be a mentally ill person subject to hospitalization.
The court, prior to the hearing under section 5122.141
[5122.14.1] of the Revised Code, shall release a copy of the investigative
report to the respondent's counsel.
Nothing in this section precludes a judge or referee from
issuing a temporary order of detention pursuant to section 5122.11 of the
Revised Code.
§ 5122.14 Pre-hearing
medical examination.
Immediately after acceptance of an affidavit required under
section 5122.11 of the Revised Code, the court may appoint a psychiatrist, or a
licensed clinical psychologist and a licensed physician to examine the
respondent, and at the first hearing held pursuant to section 5122.141
[5122.14.1] of the Revised Code, such psychiatrist, or licensed clinical
psychologist and licensed physician, shall report to the court his findings as
to the mental condition of respondent, and his need for custody, care, or
treatment in a mental hospital. The court may accept as evidence the written
report of a psychiatrist, or the written report of a licensed clinical
psychologist and a licensed physician, designated by the board of alcohol, drug
addiction, and mental health services as the report and findings referred to in
this section.
The examination, if possible, shall be held at a hospital or
other medical facility, at the home of the respondent, or at any other suitable
place least likely to have a harmful effect on the respondent's health.
The court shall prior to a hearing under section 5122.141
[5122.14.1] or 5122.15 of the Revised Code release a copy of the report to the
respondent's counsel.
[§ 5122.14.1] §
5122.141 Initial hearing; interim detention order.
(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 hospitalization by court
order. The hearing shall be conducted pursuant to section 5122.15 of the
Revised Code.
(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, his 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 hospitalization by court order, it shall order
his 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 hospitalization by 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 his 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.
§ 5122.15 Full
hearing; disposition; mandatory hearing on continued commitment.
(A) Full hearings shall be conducted in a manner consistent
with this chapter and with due process of law. The hearings shall be conducted
by a judge of the probate court or a referee designated by a judge of the
probate court and may be conducted in or out of the county in which the
respondent is held. Any referee designated under this division shall be an
attorney.
(1) With the consent of the
respondent, the following shall be made available to counsel for the
respondent:
(a) All relevant documents,
information, and evidence in the custody or control of the state or prosecutor;
(b) All relevant documents,
information, and evidence in the custody or control of the hospital in which
the respondent currently is held, or in which the respondent has been held
pursuant to this chapter;
(c) All relevant documents,
information, and evidence in the custody or control of any hospital, facility,
or person not included in division (A)(1)(a) or (b) of
this section.
(2) The respondent has the right to
attend the hearing and to be represented by counsel of the respondent's choice.
The right to attend the hearing may be waived only by the respondent or counsel
for the respondent after consultation with the respondent.
(3) If the respondent is not
represented by counsel, is absent from the hearing, and has not validly waived
the right to counsel, the court shall appoint counsel immediately to represent
the respondent at the hearing, reserving the right to tax costs of appointed
counsel to the respondent, unless it is shown that the respondent is indigent.
If the court appoints counsel, or if the court determines that the evidence
relevant to the respondent's absence does not justify the absence, the court
shall continue the case.
(4) The respondent shall be informed
that the respondent may retain counsel and have independent expert evaluation.
If the respondent is unable to obtain an attorney, the respondent shall be
represented by court-appointed counsel. If the respondent is indigent,
court-appointed counsel and independent expert evaluation shall be provided as
an expense under section 5122.43 of the Revised Code.
(5) The hearing shall be closed to
the public, unless counsel for the respondent, with the permission of the
respondent, requests that the hearing be open to the public.
(6) If the hearing is closed to the
public, the court, for good cause shown, may admit persons who have a
legitimate interest in the proceedings. If the respondent, the respondent's
counsel, the designee of the director or of the chief clinical officer objects
to the admission of any person, the court shall hear the objection and any
opposing argument and shall rule upon the admission of the person to the
hearing.
(7) The affiant
under section 5122.11 of the Revised Code shall be subject to subpoena by
either party.
(8) The court shall examine the sufficiency
of all documents filed and shall inform the respondent, if present, and the
respondent's counsel of the nature and content of the documents and the reason
for which the respondent is being detained, or for which the respondent's
placement is being sought.
(9) The court shall receive only
reliable, competent, and material evidence.
(10) Unless proceedings are
initiated pursuant to section 5120.17 or 5139.08 of the Revised Code or
proceedings are initiated regarding a resident of the service district of a
board of alcohol, drug addiction, and mental health services that elects under
division (B)(3)(b) of section 5119.62 of the Revised Code not to accept the
amount allocated to it under division (B)(1) of that section, an attorney that
the board designates shall present the case demonstrating that the respondent
is a mentally ill person subject to hospitalization by court order. The
attorney shall offer evidence of the diagnosis, prognosis, record of treatment,
if any, and less restrictive treatment plans, if any. In proceedings pursuant
to section 5120.17 or 5139.08 of the Revised Code and in proceedings in which
the respondent is a resident of a service district of a board that elects under
division (B)(3)(b) of section 5119.62 of the Revised
Code not to accept the amount allocated to it under division (B)(1) of that
section, the attorney general shall designate an attorney who shall present the
case demonstrating that the respondent is a mentally ill person subject to
hospitalization by court order. The attorney shall offer evidence of the
diagnosis, prognosis, record of treatment, if any, and less restrictive
treatment plans, if any.
(11) The respondent or the
respondent's counsel has the right to subpoena witnesses and documents and to
examine and cross-examine witnesses.
(12) The respondent has the right,
but shall not be compelled, to testify, and shall be so advised by the court.
(13) On motion of the respondent or
the respondent's counsel for good cause shown, or on the court's own motion,
the court may order a continuance of the hearing.
(14) If the respondent is
represented by counsel and the respondent's counsel requests a transcript and
record, or if the respondent is not represented by counsel, the court shall
make and maintain a full transcript and record of the proceeding. If the
respondent is indigent and the transcript and record is made, a copy shall be
provided to the respondent upon request and be treated as an expense under
section 5122.43 of the Revised Code.
(15) To the extent not inconsistent
with this chapter, the Rules of Civil Procedure are applicable.
(B) Unless, upon completion of the hearing the court finds
by clear and convincing evidence that the respondent is a mentally ill person
subject to hospitalization by court order, it shall order the respondent's
discharge immediately.
(C) If, upon completion of the hearing, the court finds by
clear and convincing evidence that the respondent is a mentally ill person
subject to hospitalization by court order, the court
shall order the respondent for a period not to exceed ninety days to any of the
following:
(1) A hospital operated by the
department of mental health if the respondent is committed pursuant to section
5139.08 of the Revised Code;
(2) A nonpublic hospital;
(3) The veterans' administration or
other agency of the
(4) A board of alcohol, drug
addiction, and mental health services or agency the board designates;
(5) Receive private psychiatric or
psychological care and treatment;
(6) Any other suitable facility or
person consistent with the diagnosis, prognosis, and treatment needs of the
respondent.
(D) Any order made pursuant to division (C)(2),
(3), (5), or (6) of this section shall be conditioned upon the receipt by the
court of consent by the hospital, facility, agency, or person to accept the
respondent.
(E) In determining the place to which, or the person with
whom, the respondent is to be committed, the court shall consider the
diagnosis, prognosis, preferences of the respondent and the projected treatment
plan for the respondent and shall order the implementation of the least
restrictive alternative available and consistent with treatment goals. If the
court determines that the least restrictive alternative available that is
consistent with treatment goals is inpatient hospitalization, the court's order
shall so state.
(F) During such ninety-day period the hospital; facility;
board of alcohol, drug addiction, and mental health services; agency the board
designates; or person shall examine and treat the individual. If, at any time
prior to the expiration of the ninety-day period, it is determined by the
hospital, facility, board, agency, or person that the respondent's treatment
needs could be equally well met in an available and appropriate less
restrictive environment, both of the following apply:
(1) The respondent shall be released
from the care of the hospital, agency, facility, or person immediately and
shall be referred to the court together with a report of the findings and
recommendations of the hospital, agency, facility, or person; and
(2) The hospital, agency, facility,
or person shall notify the respondent's counsel or the attorney designated by a
board of alcohol, drug addiction, and mental health services or, if the
respondent was committed to a board or an agency designated by the board, it
shall place the respondent in the least restrictive environment available
consistent with treatment goals and notify the court and the respondent's
counsel of the placement.
The court shall dismiss the case or order placement in the
least restrictive environment.
(G)(1) Except as provided in divisions (G)(2)
and (3) of this section, any person who has been committed under this section,
or for whom proceedings for hospitalization have been commenced pursuant to section
5122.11 of the Revised Code, may apply at any time for voluntary admission to
the hospital, facility, agency that the board designates, or person to which
the person was committed. Upon admission as a voluntary patient the chief
clinical officer of the hospital, agency, or other facility, or the person
immediately shall notify the court, the patient's counsel, and the attorney
designated by the board, if the attorney has entered the proceedings, in
writing of that fact, and, upon receipt of the notice, the court shall dismiss
the case.
(2) A person who is found
incompetent to stand trial or not guilty by reason of insanity and who is
committed pursuant to section 2945.39, 2945.40, 2945.401 [2945.40.1], or
2945.402 [2945.40.2] of the Revised Code shall not voluntarily commit the
person pursuant to this section until after the final termination of the
commitment, as described in division (J) of section 2945.401 [2945.40.1] of the
Revised Code.
(H) If, at the end of the first ninety-day period or any
subsequent period of continued commitment, there has been no disposition of the
case, either by discharge or voluntary admission, the hospital, facility,
board, agency, or person shall discharge the patient immediately, unless at least
ten days before the expiration of the period the attorney the board designates
or the prosecutor files with the court an application for continued commitment.
The application of the attorney or the prosecutor shall include a written
report containing the diagnosis, prognosis, past treatment, a list of
alternative treatment settings and plans, and identification of the treatment
setting that is the least restrictive consistent with treatment needs. The
attorney the board designates or the prosecutor shall file the written report
at least three days prior to the full hearing. A copy of the application and
written report shall be provided to the respondent's counsel immediately.
The court shall hold a full hearing on applications for
continued commitment at the expiration of the first ninety-day period and at
least every two years after the expiration of the first ninety-day period.
Hearings following any application for continued commitment
are mandatory and may not be waived.
Upon request of a person who is involuntarily committed
under this section, or the person's counsel, that is made more than one hundred
eighty days after the person's last full hearing, mandatory or requested, the
court shall hold a full hearing on the person's continued commitment. Upon the
application of a person involuntarily committed under this section, supported
by an affidavit of a psychiatrist or licensed clinical psychologist, alleging
that the person no longer is a mentally ill person subject to hospitalization
by court order, the court for good cause shown may hold a full hearing on the
person's continued commitment prior to the expiration of one hundred eighty
days after the person's last full hearing. Section 5122.12 of the Revised Code
applies to all hearings on continued commitment.
If the court, after a hearing for continued commitment finds
by clear and convincing evidence that the respondent is a mentally ill person
subject to hospitalization by court order, the court may order continued
commitment at places specified in division (C) of this section.
(I) Unless the admission is pursuant to section 5120.17 or
5139.08 of the Revised Code, the chief clinical officer of the hospital or
agency admitting a respondent pursuant to a judicial proceeding, within ten
working days of the admission, shall make a report of the admission to the
board of alcohol, drug addiction, and mental health services serving the
respondent's county of residence.
(J) A referee appointed by the court may make all orders
that a judge may make under this section and sections 5122.11 and 5122.141
[5122.14.1] of the Revised Code, except an order of contempt of court. The
orders of a referee take effect immediately. Within fourteen days of the making
of an order by a referee, a party may file written objections to the order with
the court. The filed objections shall be considered a motion, shall be
specific, and shall state their grounds with particularity. Within ten days of the
filing of the objections, a judge of the court shall hold a hearing on the
objections and may hear and consider any testimony or other evidence relating
to the respondent's mental condition. At the conclusion of the hearing, the
judge may ratify, rescind, or modify the referee's order.
(K) An order of the court under division (C), (H), or (J) of
this section is a final order.
(L) Before a board, or an agency the board designates, may
place an unconsenting respondent in an inpatient
setting from a less restrictive placement, the board or agency shall do all of
the following:
(1) Determine that the respondent is
in immediate need of treatment in an inpatient setting because the respondent
represents a substantial risk of physical harm to the respondent or others if
allowed to remain in a less restrictive setting;
(2) On the day of placement in the
inpatient setting or on the next court day, file with the court a motion for
transfer to an inpatient setting or communicate to the court by telephone that
the required motion has been mailed;
(3) Ensure that every reasonable and
appropriate effort is made to take the respondent to the inpatient setting in
the least conspicuous manner possible;
(4) Immediately notify the board's
designated attorney and the respondent's attorney.
At the respondent's request, the court shall hold a hearing
on the motion and make a determination pursuant to division (E) of this section
within five days of the placement.
(M) Before a board, or an agency the board designates, may
move a respondent from one residential placement to another, the board or
agency shall consult with the respondent about the placement. If the respondent
objects to the placement, the proposed placement and the need for it shall be
reviewed by a qualified mental health professional who otherwise is not
involved in the treatment of the respondent.
§ 5122.16
Hospitalization to federal facility.
If a person, ordered to be hospitalized pursuant to section
5122.15 of the Revised Code, is eligible for hospital care or treatment by the
veterans' administration or other agency of the
§ 5122.17 Temporary detention.
Pending his removal to a hospital, a person taken into
custody or ordered to be hospitalized pursuant to this chapter may be detained
for not more than forty-eight hours in a licensed rest or nursing home, a
licensed or unlicensed hospital, a community mental health agency, or a county
home, but he shall not be detained in a nonmedical
facility used for detention of persons charged with or convicted of penal
offenses unless the court finds that a less restrictive alternative cannot be
made available.
§ 5122.18 Notice of
hospitalization.
Whenever a person has been involuntarily detained at or
admitted to a hospital, community mental health agency, or other facility at
the request of anyone other than the person's legal guardian, spouse, or next
of kin under this chapter, the chief clinical officer of the hospital, agency,
or other facility in which the person is temporarily detained under section
5122.17 of the Revised Code shall immediately notify the person's legal
guardian, spouse or next of kin, and counsel, if these persons can be
ascertained through exercise of reasonable diligence. If a person voluntarily
remains at or is admitted to a hospital, agency, or other facility, such
notification shall not be given without his consent. The chief clinical officer
of the hospital, agency, or other facility shall inform a person voluntarily
remaining at or admitted to a hospital, agency, or other facility that he may
authorize such notification.
§ 5122.19 Medical examination after arrival.
Every person transported to a hospital or community mental
health agency pursuant to sections 5122.11 to 5122.16 of the Revised Code,
shall be examined by the staff of the hospital or agency as soon as practicable
after his arrival at the hospital or agency. Such an examination shall be held
within twenty-four hours after the time of arrival, and if the chief clinical
officer fails after such an examination to certify that in his opinion the
person is a mentally ill person subject to hospitalization by court order, the
person shall be immediately released.
§ 5122.20 Transfer of
involuntary and voluntary patients; notice.
The director of mental health or the director's designee may
transfer, or authorize the transfer of, an involuntary patient, or a consenting
voluntary patient hospitalized pursuant to section 5122.02 or sections 5122.11
to 5122.15 of the Revised Code, from one public hospital to another, or to a
hospital, community mental health agency, or other facility offering treatment
or other services for mental illness, if the medical director of the department
of mental health determines that it would be consistent with the medical needs
of the patient to do so. If such a transfer is made to a private facility, the
transfer shall be conditioned upon the consent of the facility.
Before an involuntary patient may be transferred to a more
restrictive setting, the chief clinical officer shall file a motion with the
court requesting the court to amend its order of placement issued under section
5122.15 of the Revised Code. At the patient's request, the court shall hold a
hearing on the motion at which the patient has the same rights as at a full
hearing under section 5122.15 of the Revised Code. The hearing shall be held
within ten days after the date on which the respondent was transferred to the
more restrictive setting or on which the motion was filed, whichever is
earlier. On the motion of the respondent, the respondent's counsel, or the
chief clinical officer, or on its own motion, and for good cause shown, the
court may order a continuance of the hearing for up to ten days.
Whenever an involuntary patient is transferred, written
notice of the transfer shall be given to the patient's legal guardian, parents,
spouse, and counsel, or, if none is known, to the patient's nearest known
relative or friend. If the patient is a minor, the department, before making
such a transfer, shall make a minute of the order for the transfer and the reason
for it upon its record and shall send a certified copy at least seven days
prior to the transfer to the person shown by its record to have had the care or
custody of the minor immediately prior to the minor's commitment. Whenever a
consenting voluntary patient is transferred, the notification shall be given
only at the patient's request. The chief clinical officer shall advise a
voluntary patient who is being transferred that the patient may decide if the
notification shall be given. In all such transfers, due consideration shall be
given to the wishes of the patient, and the relationship of the patient to the
patient's family, legal guardian, or friends, so as to maintain the
relationship and encourage visits beneficial to the patient.
When a voluntary patient whose medical or psychological
needs are found by the chief clinical officer to warrant a transfer refuses to
be transferred to an alternate facility, the chief clinical officer may file an
affidavit for a hearing under section 5122.11 of the Revised Code.
§ 5122.21 Discharge of
involuntary patients. -- RC § 5122.21 is affected by Am. Sub. H.B. 490 (149 v
--), effective
(A) The chief clinical officer shall as frequently as
practicable, and at least once every thirty days, examine or cause to be
examined every patient, and, whenever the chief clinical officer determines
that the conditions justifying involuntary hospitalization or commitment no
longer obtain, shall, except as provided in division (C)* of this section,
discharge the patient not under indictment or conviction for crime and
immediately make a report of the discharge to the department of mental health.
The chief clinical officer may discharge a patient who is under indictment,
sentence of imprisonment, or on probation or parole ten days after written
notice of intent to discharge the patient has been given by personal service or
certified mail, return receipt requested, to the court having criminal
jurisdiction over the patient. Except when the patient was found not guilty by
reason of insanity and his commitment is pursuant to section 2945.40 of the
Revised Code, the chief clinical officer has final authority to discharge a
patient who is under indictment, sentence of imprisonment, or on probation or
parole.
(B) After a finding pursuant to section 5122.15 of the
Revised Code that a person is a mentally ill person subject to hospitalization
by court order, the chief clinical officer of the hospital or agency to which
the person is ordered or to which the person is transferred under section
5122.20 of the Revised Code, may, except as provided in division (C) * of this
section, grant a discharge without the consent or authorization of any court.
Upon discharge, the chief clinical officer shall notify the
court that caused the judicial hospitalization of the discharge from the
hospital.
* Division (C) is
deleted by SB 285 (146 v --).
§ 5122.22 Trial
visits.
When the chief clinical officer of a hospital considers it
in the best interest of a patient, the officer may permit the patient to leave
the hospital on a trial visit. The trial visit shall be for the period of time
the chief clinical officer determines, but shall not exceed ninety days, unless
extended for subsequent periods not to exceed ninety days after evaluation of
the patient's condition.
The chief clinical officer, upon releasing a patient on
trial visit, may impose requirements and conditions in relation to the patient
while the patient is absent from the hospital that are consistent with the
treatment plan.
The chief clinical officer of the hospital from which the
patient is released on trial visit may at any time revoke the trial visit if
there is reason to believe that it is in the best interests of the patient to
be returned to the hospital.
If the revocation of the trial visit is not voluntarily
complied with, the chief clinical officer, within five days, shall authorize
any health or police officer or sheriff to take the patient into custody and
transport the patient to the hospital.
At the completion of the trial visit, the chief clinical
officer shall take whatever measures are necessary to enable the patient to
return to the hospital.
If an involuntarily committed patient has successfully
completed one year of continuous trial visit, the chief clinical officer shall
discharge the patient subject to any applicable notice requirements of section
5122.21 of the Revised Code.
§ 5122.23 Hospital to
report death or change in custody status of patient; report on condition of
patient.
The chief clinical officer of a public hospital shall
immediately report to the department of mental health and the board of alcohol,
drug addiction, and mental health services serving the patient's county of
residence the removal, death, escape, discharge, or trial visit of any patient
hospitalized under section 5122.15 of the Revised Code, or the return of such
an escaped or visiting patient to the department, the probate judge of the
county from which such patient was hospitalized, and the probate judge of the
county of residence of such patient. In case of death, the chief clinical
officer also shall notify one or more of the nearest relatives of the deceased
patient, if known to him, by letter, telegram, or telephone. If the place of
residence of such relative is unknown to the chief clinical officer, immediately
upon receiving notification the probate judge shall in the speediest manner
possible notify such relatives, if known to him.
The chief clinical officer of a public hospital, upon the
request of the probate judge of the county from which a patient was
hospitalized or the probate judge of the county of residence of such a patient,
shall make a report to the judge of the condition of any patient under the
care, treatment, custody, or control of the chief clinical officer.
[§ 5122.23.1] § 5122.231
Patient may apply for services.
Any person who has been hospitalized or committed under this
chapter may, at any time, apply to the board of alcohol, drug addiction, and
mental health services serving his county of residence for services listed in
section 340.09 of the Revised Code.
§ 5122.24 Repealed,
142 v S 156, § 2 [138 v H 900]. Eff
This section concerned payment of traveling expenses,
clothing for indigent patient; apprehension of escapee.
§ 5122.25 Rehearings.
Upon the request of a hospital, person, board, agency, or
facility who has custody of a patient hospitalized pursuant to section 5122.15
of the Revised Code, or on the order of the court, such patient may be called
for a rehearing at such place within the county of his residence or the county
where such patient is hospitalized as the court designates. The hearing shall
be conducted pursuant to section 5122.15 of the Revised Code.
§ 5122.26 Patient
absent without leave. -- RC § 5122.26 is affected by Am. Sub. H.B. 490 (149 v
--), effective
(A) If a patient is absent without leave, on a verbal or written order issued within five days of