Mental Health Commitments

The probate court exercises jurisdiction over proceedings seeking the involuntary hospitalization of persons alleged to be mentally ill and who represent a substantial risk of harm to themselves or to others, or who would benefit from treatment in a hospital (R.C. 5122.01(B)). The proceedings are initiated by filing an affidavit with the court on a form prescribed by the Ohio Department of Mental Health. The affidavit must be based on either reliable information or the actual knowledge of the person filing the affidavit and must indicate probable cause that the person to be hospitalized is mentally ill and subject to hospitalization by court order (R.C. 5122.11). The court may require that the affidavit be accompanied by a certificate signed by a psychiatrist, licensed clinical psychologist or licensed physician stating that the person to be hospitalized has been examined and is a mentally ill person subject to hospitalization by court order.

In appropriate cases, the person may be ordered by the court to be temporarily detained and transported for observation and treatment until a hearing can be held.