*NOTE* Pursuant to this Court’s Local Rule 75.1, which became effective August 12, 2021, any person wishing to represent themselves in any probate action in this court shall review, sign, and file the attached Self-Representation Acknowledgement when engaging in a probate proceeding without legal representation.
Ohio Revised Code Section 5122.01 defines “mental illness” as “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”.
If a person who has been diagnosed with a mental illness needs treatment for it but refuses to go and/or stay in the hospital, the Probate Court can order the mentally ill person to receive such treatment. This process is called a civil commitment. Civil commitment proceedings are filed under the provisions of Chapter 5122 of the Ohio Revised Code.
Civil commitments are initiated when a person files an affidavit alleging that the person is mentally ill subject to hospitalization by court order. After the filing of the affidavit, the Probate Judge may issue a temporary order of detention that orders the person the person to be detained at a hospital until a hearing can be held. This hearing is normally held within five (5) courts days from the day the person is detained.
Please see the Useful Links section for more information.
Instructions And Forms For Filing an Affidavit of Mental Illness
|Instructions For Filing an Affidavit of Mental Illness||Download|
|Affidavit of Mental Illness||Download|
|Case History of Mental Illness||Download|
Involuntary Treatment for Alcohol or Drug Abuse
Effective March 22, 2012, the Probate Court is authorized to order involuntary treatment for a person suffering from alcohol or other drug abuse. Before a court can order treatment, a hearing must be held and the Court must find the person presents an imminent danger to self, family or others and that the person can reasonably benefit from treatment. Ohio Revised Code Section 5119.92.
A spouse, relative, or guardian must file the petition with the probate court. The person filing the petition must deposit with the court the amount equal to one-half (1/2) of the estimated cost of the treatment and a written guarantee to pay all costs associated with the proceedings and all costs for any treatment ordered by the court.
Individual Forms for Involuntary Treatment for Alcohol or Drug Abuse
|26.0||Petition for Involuntary Treatment for Alcohol and Other Drug Abuse||Download|
|26.1||Certificate of Physician||Download|
|26.2||Affidavit of Refusal of Examination||Download|
|26.3||Statement of Treatment||Download|
|26.4||Notice of Hearing on Petition||Download|
|26.5||Notice to Respondent and Order to Appear for Examinations and Hearing||Download|
|26.6||Notice to Respondent and Emergency Order to Report to Hospital||Download|
|26.8||Affidavit or Indigency||Download|
|26.9||Entry Appointing Counsel||Download|
|26.10||Probable Cause Hearing Decision and Entry||Download|
|26.11||Entry Setting Hearing and Ordering Notice||Download|
|26.13||Order to Transport||Download|