Section 5101.701 | Ex parte emergency order authorizing provision of protective services.
(A) A court, through a probate judge or a magistrate under the direction of a probate judge, may issue by telephone an ex parte emergency order authorizing the provision of protective services, including the relief available under division (B) of section 5101.702 of the Revised Code, to an adult on an emergency basis if all of the following are the case:
(1) The court receives notice from the county department of job and family services, an authorized employee of the county department, the department's designee, or an authorized employee of the department's designee, that the county department, designee, or employee believes an emergency order is needed as described in this section.
(2) There is reasonable cause to believe that the adult is incapacitated.
(3) There is reasonable cause to believe that there is a substantial risk to the adult of immediate and irreparable physical harm, immediate and irreparable financial harm, or death.
(B)(1) The judge or magistrate shall journalize any order issued under this section.
(2) An order issued under this section shall be in effect for not longer than twenty-four hours, except that if the day following the day on which the order is issued is not a working day, the order shall remain in effect until the next working day.
(C)(1) Except as provided in division (C)(2) of this section, not later than twenty-four hours after an order is issued under this section, a petition shall be filed with the court in accordance with division (A) of section 5101.70 of the Revised Code.
(2) If the day following the day on which the order was issued is not a working day, the petition shall be filed with the court on the next working day.
Available Versions of this Section
- September 29, 2018 – House Bill 49, 132nd General Assembly [ View September 29, 2018 Version ]