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Home » US Law » 2022 Ohio Revised Code » Title 51 | Public Welfare » Chapter 5122 | Hospitalization of Mentally Ill

Section 5122.01 | Hospitalization of Mentally Ill Definitions.

Effective: September 28, 2018 Latest Legislation: House Bill 111 – 132nd General Assembly 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 […]

Section 5122.011 | Application of Chapter.

Effective: July 1, 1997 Latest Legislation: Senate Bill 285 – 121st General Assembly 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, or 2945.402 of the Revised Code to the […]

Section 5122.02 | Application for Voluntary Admission.

Effective: August 3, 2021 Latest Legislation: Senate Bill 2 – 134th General Assembly (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 […]

Section 5122.03 | Release of Voluntary Patients.

Effective: August 3, 2021 Latest Legislation: Senate Bill 2 – 134th General Assembly A patient admitted under section 5122.02 of the Revised Code who requests release in writing, or whose release is requested in writing by the patient’s counsel, legal guardian, parent, spouse, or adult next of kin shall be released forthwith, except when any […]

Section 5122.05 | Involuntary Admission.

Effective: September 17, 2014 Latest Legislation: Senate Bill 43 – 130th General Assembly (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 […]

Section 5122.09 | Release Before Hearing.

Effective: July 1, 1989 Latest Legislation: Senate Bill 156 – 117th General Assembly 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 […]

Section 5122.10 | Emergency Hospitalization.

Effective: September 28, 2018 Latest Legislation: House Bill 111 – 132nd General Assembly (A)(1) Any of the following who has reason to believe that a person is a mentally ill person subject to court order and represents a substantial risk of physical harm to self or others if allowed to remain at liberty pending examination […]

Section 5122.11 | Court Ordered Treatment of Mentally Ill Person.

Effective: August 3, 2021 Latest Legislation: Senate Bill 2 – 134th General Assembly Proceedings for a mentally ill person subject to court order pursuant to sections 5122.11 to 5122.15 of the Revised Code shall be commenced by the filing of an affidavit in the manner prescribed by the department of mental health and addiction services […]

Section 5122.111 | Affidavit of Mental Illness.

Effective: August 3, 2021 Latest Legislation: Senate Bill 2 – 134th General Assembly To initiate proceedings for court-ordered treatment of a person under section 5122.11 of the Revised Code, a person or persons shall file an affidavit with the probate court that is identical in form and content to the following: AFFIDAVIT OF MENTAL ILLNESS […]

Section 5122.112 | Termination of Probate Court Jurisdiction.

Effective: August 3, 2021 Latest Legislation: Senate Bill 2 – 134th General Assembly 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 […]

Section 5122.12 | Hearing Notice.

Effective: September 29, 2013 Latest Legislation: House Bill 59 – 130th General Assembly 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 […]

Section 5122.13 | Investigation.

Effective: September 17, 2014 Latest Legislation: Senate Bill 43 – 130th General Assembly 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 […]

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 […]

Section 5122.15 | Full Hearing.

Effective: August 17, 2021 Latest Legislation: House Bill 7 – 134th General Assembly (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 […]

Section 5122.17 | Temporary Detention.

Effective: September 29, 2013 Latest Legislation: House Bill 59 – 130th General Assembly Pending 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 […]

Section 5122.18 | Notice of Hospitalization.

Effective: September 29, 2013 Latest Legislation: House Bill 59 – 130th General Assembly 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 […]

Section 5122.19 | Medical Examination Within 24 Hours of Arrival.

Effective: September 17, 2014 Latest Legislation: Senate Bill 43 – 130th General Assembly 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 […]

Section 5122.20 | Transfers.

Effective: September 29, 2013 Latest Legislation: House Bill 59 – 130th General Assembly The director of mental health and addiction services 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 […]