Ohio Revised Code Search
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Section 5122.10 | Emergency hospitalization.
...t shall be given to the hospital by the individual authorized under division (A)(1) or (2) of this section to transport the person. The statement shall specify the circumstances under which such person was taken into custody and the reasons for the belief that the person is a person with a mental illness subject to court order and represents a substantial risk of physical harm to self or others if allowed to remain a... |
Section 5122.11 | Court ordered treatment of mentally ill person.
...tatement of alleged facts sufficient to indicate probable cause to believe that the person is a person with a mental illness 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 issu... |
Section 5122.111 | Affidavit of mental illness.
...bate Judge, - Deputy Clerk, or Notary - Public WAIVER I, the undersigned party filing the affidavit hereby waive the issuing and service of notice of the hearing on said affidavit, and voluntarily enter my appearance herein. Dated this _____________ day of _______________, 20___ - _____________________________ - Signature of the party filing - the affidavit |
Section 5122.112 | Termination of probate court jurisdiction.
...A probate court that terminates jurisdiction over a defendant described in division (B)(1)(a)(v)(I) of section 2945.38 of the Revised Code, for whom a trial court or prosecutor initiated proceedings alleging that the defendant is a mentally ill person subject to court order pursuant to sections 5122.11 to 5122.15 of the Revised Code, shall immediately do both of the following: (A) Notify the initiating court or pro... |
Section 5122.12 | Hearing notice.
...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 t... |
Section 5122.13 | Investigation.
...Within two business days after receipt of the affidavit required by section 5122.11 of the Revised Code, the probate court shall refer the affidavit to the board of alcohol, drug addiction, and mental health services or community mental health services provider the board designates to assist the court in determining whether the respondent is subject to court-ordered treatment and whether alternatives to hospitalizati... |
Section 5122.14 | Pre-hearing medical examination.
...ysician, 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 re... |
Section 5122.141 | Initial hearing.
... expunged. (C) If the court does not find that the respondent is a person with a mental illness 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 person with a mental illness subject to court order, the court may issue an interim order of detention ordering any health or p... |
Section 5122.15 | Full hearing.
... (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, or the designee of the director or of the chief clinical... |
Section 5122.16 | Hospital care or treatment by veterans' administration or other U.S. agency.
...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 United States government, such hospitalization may be ordered to those facilities provided by section 5905.02 of the Revised Code. |
Section 5122.17 | Temporary detention.
...ed of penal offenses unless the court finds that a less restrictive alternative cannot be made available. |
Section 5122.18 | Notice of hospitalization.
...Whenever a person has been involuntarily detained at or admitted to a hospital, community mental health services provider, 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, services provider, or other facility in which the person is temporarily detained under section 5122.17 of the Revised Cod... |
Section 5122.19 | Medical examination within 24 hours of arrival.
...Every person transported to a hospital or community mental health services provider pursuant to sections 5122.11 to 5122.16 of the Revised Code, shall be examined by the staff of the hospital or services provider as soon as practicable after arrival at the hospital or services provider. Such an examination shall be held within twenty-four hours after the time of arrival, and if the chief clinical officer fails after ... |
Section 5122.20 | Transfers.
...o 5122.15 of the Revised Code, from one public hospital to another, or to a hospital, community mental health services provider, or other facility offering treatment or other services for mental illness, if the medical director of the department of mental health and addiction services 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 f... |
Section 5122.21 | Discharging involuntary patients.
..., shall discharge the patient not under indictment or conviction for crime and immediately make a report of the discharge to the department of mental health and addiction services. The chief clinical officer may discharge a patient who is under an indictment, a sentence of imprisonment, a community control sanction, or a post-release control sanction or on parole ten days after written notice of intent to discharge t... |
Section 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 ... |
Section 5122.23 | Reporting death or change in custody status of patient.
...The chief clinical officer of a public hospital shall immediately report to the department of mental health and addiction services 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 pa... |
Section 5122.231 | Applying for county 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. |
Section 5122.25 | Rehearing.
...Upon the request of a hospital, person, board, community mental health services provider, 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 the patient's residence or the county where such patient is hospitalized as the court designates. The hearing sha... |
Section 5122.26 | Patient absent without leave.
...ay discharge a patient who is under an indictment, a sentence of imprisonment, a community control sanction, or a post-release control sanction or on parole and who has been absent without leave for more than thirty days but shall give written notice of the discharge to the court with criminal jurisdiction over the patient. The chief clinical officer of a hospital may discharge any other patient who has been a... |
Section 5122.27 | Chief clinical officer duties.
...al officer's designee, or the patient's individual physician or psychologist in a private or general hospital. If the chief clinical officer of the hospital is unable to provide the treatment required by divisions (C), (E), and (F) of this section for any patient hospitalized pursuant to Chapter 5122. of the Revised Code, the chief clinical officer shall immediately notify the patient, the court, the Ohio protectio... |
Section 5122.271 | Consent to treatment.
...onsent, the opportunity to consult with independent specialists and counsel, and the right to refuse consent for any of the following: (1) Surgery; (2) Convulsive therapy; (3) Major aversive interventions; (4) Sterilizations; (5) Any unusually hazardous treatment procedures; (6) Psycho-surgery. (B) No patient shall be subjected to any of the procedures listed in divisions (A)(4) to (6) of this section ... |
Section 5122.28 | Labor and tasks performed by patients.
...No patient of a hospital for persons with mental illnesses shall be compelled to perform labor which involves the operation, support, or maintenance of the hospital or for which the hospital is under contract with an outside organization. Privileges or release from the hospital shall not be conditional upon the performance of such labor. Patients who volunteer to perform such labor shall be compensated at a rate deri... |
Section 5122.29 | Patients' rights.
...oilet articles; (5) To have access to individual storage space for the patient's private use; (6) To keep and spend a reasonable sum of the patient's own money for expenses and small purchases; (7) To receive and possess reading materials without censorship, except when the materials create a clear and present danger to the safety of persons in the facility. (G) The right to reasonable privacy, including bot... |
Section 5122.30 | Writ of habeas corpus.
...Any person detained pursuant to this chapter or section 2945.39, 2945.40, 2945.401, or 2945.402 of the Revised Code shall be entitled to the writ of habeas corpus upon proper petition by self or by a friend to any court generally empowered to issue the writ of habeas corpus in the county in which the person is detained. No person may bring a petition for a writ of habeas corpus that alleges that a person involunta... |