[Cite as In re R.T., 2019-Ohio-618.]

 IN THE COURT OF APPEALS OF OHIO 

TENTH APPELLATE DISTRICT 

In re: R. T., : No. 17AP-288 

 (Prob. No. MI-025404) 

 (Appellant). : 

 (REGULAR CALENDAR) 

 : 

 

D E C I S I O N 

Rendered on February 21, 2019 

 

On brief: R.T., pro se. Argued: R.T. 

On brief: J. Michael Evans for appellee Franklin County 

Alcohol, Drug Abuse, and Mental Health Board. Argued: 

J. Michael Evans

 

APPEAL from the Franklin County Court of Common Pleas, 

Probate Division 

BRUNNER, J. 

{¶ 1} Respondent-appellant, R.T., appeals from a judgment of the Franklin County 

Court of Common Pleas, Probate Division, committing appellant to the Franklin County 

Alcohol, Drug Abuse, and Mental Health Board ("Franklin County ADAMH Board") for a 

period not to exceed 90 days and authorizing the forced administration of psychotropic 

medication. For the following reasons, we affirm the judgment. 

I. FACTS AND PROCEDURAL HISTORY 

{¶ 2} On February 16, 2016, appellant was charged with criminal trespass and 

aggravated menacing, in connection with an incident where appellant threatened to shoot 

and kill Wal-Mart employees. The Franklin County Municipal Court found appellant 

incompetent to stand trial on the criminal charges. Appellant was sent to Twin Valley 

Behavioral Healthcare ("TVBH") for competency restoration. On February 24, 2017, 

Christopher Boyd filed an affidavit of mental illness in the probate court regarding 

appellant pursuant to R.C. 5122.11. Boyd is the assistant manager of the specialized docket 

of the Franklin County Municipal Court, where appellant was held after the Wal-Mart 
No. 17AP-288 2 

incident. On February 24, 2017, the municipal court filed an entry dismissing the criminal 

complaint against appellant because the court found there was not a substantial probability 

that appellant would become competent to stand trial within the time allotted by law. On 

February 24, 2017, Peter Iverson, M.D., treating psychiatrist, and Ann K. Morrison, chief 

clinical officer, on behalf of TVBH, filed an application to authorize forced psychotropic 

medications. 

{¶ 3} On March 1, 2017, a magistrate1 held a hearing on the affidavit of mental 

illness and a hearing on the application to authorize forced psychotropic medications. On 

that same day, the magistrate issued an order finding appellant to be a mentally ill person 

subject to hospitalization. On March 20, 2017, appellant filed an untimely pro se objection 

that the trial court addressed in the interest of justice. The trial court appointed an attorney 

for appellant and held a hearing on the objection. During the hearing, appellant's attorney 

clarified appellant's objection. On March 24, 2017, the trial court filed a judgment entry 

overruling appellant's objection and adopting the decision and orders of the magistrate. 

Appellant was discharged from TVBH on April 11, 2017. 

II. ASSIGNMENT OF ERROR 

{¶ 4} Appellant filed a timely pro se notice of appeal and raised the following 

assignment of error for our review: 

THE LOWER COURT ERRORED [sic] IN VIOLATING 

5122.01, 5122.11, AND 5122.10 BY THAT OF FORCING 

APPELLANT TO STAY LONGER IN TWIN VALLEY AFTER 

SERVING THEIR CRIMINAL SENTENCING AND USING 

THE UNCONVICTED CRIMINAL SENTENCEING [sic] 

ALREADY SERVED AS A REASON TO MAKE APPELLANT 

TAKE FORCED MEDICATION. 

III. DISCUSSION 

{¶ 5} Initially, we note that the record indicates that appellant was discharged from 

TVBH on April 11, 2017 and was present for oral argument before this Court. While the 

action may appear to be moot, this Court has previously recognized that such an action is 

not moot. "An adjudication by the probate court of mental illness carries a stigma that can 

have a significant impact and adverse consequences on the individual's life." In re R.T., 

 

1 R.C. Chapter 5122 refers to a referee rather than magistrate but we shall use "referee" and "magistrate" 

interchangeably. 
No. 17AP-288 3 

10th Dist. No. 13AP-291, 2013-Ohio-4886, ¶ 6, citing In re Miller, 63 Ohio St.3d 99, 108 

(1992), citing Addington v. Texas, 441 U.S. 418, 425-26 (1979); see also In re D.B., 10th 

Dist. No. 14AP-44, 2014-Ohio-1464, ¶ 7. 

{¶ 6} The brief appellant filed with this Court makes no supporting argument 

regarding her assignment of error. App.R. 12(A)(2) provides that we are free to disregard 

appellant's assignments of error under these circumstances. However, we will address 

what we discern are the issues raised by appellant's assignment of error. 

{¶ 7} By her assignment of error, appellant seems to contend that the decision of 

the trial court finding appellant to be a mentally ill person subject to hospitalization by court 

order and its decision concerning the court's forced medication order were against the 

manifest weight of the evidence. 

{¶ 8} R.C. Chapter 5122 sets forth the procedures for committing a person to a 

mental hospital. "When commitment is against a person's will, it is particularly important 

that the statutory scheme be followed, so that the patient's due-process rights receive 

adequate protection." In re Miller at 101. When a person faces involuntary commitment 

to a mental hospital "the individual's right against involuntary confinement depriving him 

or her of liberty must be balanced against the state's interest in committing those who are 

mentally ill." Id. 

{¶ 9} The non-emergency hospitalization under R.C. Chapter 5122 begins with the 

filing of an affidavit with the court setting forth specifics under R.C. 5122.01(B) providing 

the basis for the court's jurisdiction. The affidavit must contain sufficient facts to indicate 

probable cause that an individual is a mentally ill person subject to hospitalization by court 

order. R.C. 5122.01(B) defines the "[m]entally ill person subject to hospitalization by court 

order."2 The court must conduct a hearing to determine whether the individual is a 

mentally ill person subject to hospitalization and the statute provides a three-part test for 

involuntary commitment. State v. Welch, 125 Ohio App.3d 49, 52 (11th Dist.1997). The 

first two parts of the test are provided in R.C. 5122.01(A), as follows: 

"Mental illness" means a substantial disorder of thought, 

mood, perception, orientation, or memory that grossly impairs 

 

2 In 2014, the General Assembly amended R.C. 5122.01(B) and deleted "hospitalization by" following "person 

subject to" in the introductory language of (B); deleted "in a hospital" in (B)(4); added (B)(5) and (Y) and 

rewrote (V). A person who only meets the criteria in R.C. 5122.01(B)(5)(a) is not subject to hospitalization. 

R.C. 5122.01(B)(5)(b). 
No. 17AP-288 4 

judgment, behavior, capacity to recognize reality, or ability to 

meet the ordinary demands of life. 

{¶ 10} The third part of the definition is found in R.C. 5122.01(B) and requires a 

finding that the individual: 

(1) Represents a substantial risk of physical harm to self as 

manifested by evidence of threats of, or attempts at, suicide or 

serious self-inflicted harm; 

(2) Represents a substantial risk of physical harm to others as 

manifested by evidence of recent homicidal or other violent 

behavior, evidence of recent threats that place another in 

reasonable fear of violent behavior and serious physical harm, 

or other evidence of present dangerousness; 

(3) Represents a substantial and immediate risk of serious 

physical impairment or injury to self as manifested by 

evidence that the person is unable to provide for and is not 

providing for the person's basic physical needs because of the 

person's mental illness and that appropriate provision for 

those needs cannot be made immediately available in the 

community; 

(4) Would benefit from treatment for the person's mental 

illness and is in need of such treatment as manifested by 

evidence of behavior that creates a grave and imminent risk to 

substantial rights of others or the person. 

 

{¶ 11} Accordingly, for the trial court to find an individual is a mentally ill person 

subject to hospitalization there must be sufficient evidence that the individual has a 

substantial mental disorder that the mental disorder grossly impairs his/her functioning, 

and the individual must be hospitalized for one of the four reasons provided in R.C. 

5122.01(B). Each part of the definition must be established by clear and convincing 

evidence. "Clear and convincing evidence is that measure or degree of proof which is more 

than a mere 'preponderance of the evidence,' but not to the extent of such certainty as is 

required 'beyond a reasonable doubt' in criminal cases, and which will produce in the mind 

of the trier of facts a firm belief or conviction as to the facts sought to be established." Cross 

v. Ledford, 161 Ohio St. 469 (1954), paragraph three of the syllabus. "Where the proof 

required must be clear and convincing, a reviewing court will examine the record to 

determine whether the trier of facts had sufficient evidence before it to satisfy the requisite 
No. 17AP-288 5 

degree of proof." State v. Scheibel, 55 Ohio St.3d 71, 74 (1990). However, judgments that 

are supported by some competent, credible evidence going to all the essential elements of 

the case will not be reversed by a reviewing court and the appellate court should not 

substitute its judgment for the trial court when there exists competent and credible 

evidence supporting the trial court's findings of fact and conclusions of law. Id. 

{¶ 12} The Supreme Court of Ohio established a totality of the circumstances test to 

determine whether a person is subject to hospitalization pursuant to R.C. 5122.01(B) in In 

re Burton, 11 Ohio St.3d 147, 149 (1984). The trial court should consider the following 

factors, including, but not limited to: 

(1) [W]hether, in the court's view, the individual currently 

represents a substantial risk of physical harm to himself or 

other members of society; (2) psychiatric and medical 

testimony as to the present mental and physical condition of 

the alleged incompetent; (3) whether the person has insight 

into his condition so that he will continue treatment as 

prescribed or seek professional assistance if needed; (4) the 

grounds upon which the state relies for the proposed 

commitment; (5) any past history which is relevant to establish 

the individual's degree of conformity to the laws, rules, 

regulations and values of society; and (6) if there is evidence 

that the person's mental illness is in a state of remission, the 

court must also consider the medically suggested cause and 

degree of the remission and the probability that the individual 

will continue treatment to maintain the remissive state of his 

illness should he be released from commitment. 

In re Burton at 149-50. 

{¶ 13} The magistrate's March 2, 2017 order of commitment was based on the 

magistrate's finding appellant to be a mentally ill person subject to hospitalization. The 

order was based on an affidavit and a hearing. The affidavit was filed by Christopher Boyd, 

the assistant manager of the specialized docket of the Franklin County Municipal Court, 

where appellant was held after the Wal-Mmart incident. The affidavit provided the 

following significant points: 

[Appellant] was found incompetent to stand trial and 

unrestorable despite attempts at in-patient restoration. 

[Appellant] was charged with criminal trespass and aggravated 

menacing after she threatened to shoot and kill employees at a 

Wal-Mart store. [Appellant] suffers from a Delusional 
No. 17AP-288 6 

Disorder and is unwilling to accept medications or treatment at 

this time for her condition, despite already being in TVBH. 

[Appellant] presents with loose disorganized thoughts. She is 

acutely delusional and is unable to have a sustained logical 

conversation. She has persecutory and grandiose ideation. She 

reports the belief that law enforcement are repeatedly 

romantically pursuing her as well as claims about being the 

target of various assassination attempts. She is paranoid and 

believes others including her attorney are plotting against her. 

Her behavior is described as intrusive and largely 

uncooperative. [Appellant] at times cackles inappropriately. 

[Appellant] is in need of continued hospitalization and may 

benefit from a forced medication order due to her 

unwillingness to accept voluntary treatment for her psychiatric 

illness. [Appellant] continues to display behaviors based on 

her delusional beliefs which poses a serious risk of harm to 

herself and the community. Without treatment, [appellant] is 

likely to engage in similar dangerous behavior like that which 

led to her involvement with the Court system. [Appellant] is in 

need of a thorough risk assessment as well as, appropriate 

linkage to community resources that can assist in managing her 

condition upon discharge. 

(Feb. 24, 2017 Aff. of Mental Illness.) 

{¶ 14} At the hearing, Peter Iverson, M.D., a psychiatrist at TVBH, testified that he 

was the attending physician for appellant at TVBH. Dr. Iverson testified, in his opinion, 

based upon a reasonable degree of psychiatric certainty, that appellant's current mental 

condition consists of schizophrenia that rises to the level of a substantial disorder of mood 

and thought, especially thought, memory, and perception. Dr. Iverson believes appellant's 

disorder grossly impairs her judgment. He believes that as a result of appellant's 

schizophrenia and paranoia, she represents a substantial harm to herself and others, and 

inpatient hospitalization is the least restricted setting consistent with her current treatment 

needs. Dr. Iverson explained that appellant's thoughts are paranoid, and she believes the 

staff is trying to kill her on a daily basis. Her impaired judgment and behavior has involved 

trouble with the law, including the recent Wal-Mart incident and she has not improved in 

the time she was at TVBH. Dr. Iverson believes appellant is at high risk for a similar 

situation occurring again. 

{¶ 15} On cross-examination, Dr. Iverson was asked whether appellant's behavior 

and thought processes were similar to her prior hospitalization in 2013. Dr. Iverson 
No. 17AP-288 7 

answered yes and mentioned the facts regarding a previous arrest and hospitalization for 

competency restoration. 

{¶ 16} Dr. Iverson explained that appellant does not believe she has a mental illness 

and, thus, refuses medication. Without medication treatment, Dr. Iverson believes she will 

not improve. S.T., appellant's daughter, also testified at the hearing. 

{¶ 17} Based upon the testimony, the magistrate found the evidence was clear and 

convincing that appellant suffers from a mental illness, diagnosed as schizophrenia, which 

presents a substantial disorder of thought, perception, and memory which results in a gross 

impairment of her judgment. The magistrate found clear and convincing evidence that 

appellant represented a substantial risk of harm to herself since she was unable to care for 

her basic physical needs outside of the hospital setting. Finally, the magistrate concluded 

that the least restrictive alternative for her current treatment was inpatient hospitalization 

in a civil mental hospital pursuant to R.C. 5122.15(E). 

{¶ 18} Based on the record, the testimony of Dr. Iverson presents clear and 

convincing evidence to support the trial court's finding that appellant is a mentally ill 

person, who, because of her illness, represented a substantial risk of physical harm to 

herself or others under R.C. 5122.01(B). Appellant, as a result of her mental illness, 

threatened to shoot and kill Wal-Mart employees and believed the staff at TVBH was trying 

to kill her. The trial court had clear and convincing evidence that appellant has a substantial 

mental disorder and that the mental disorder grossly impairs her functioning. Further, the 

trial court had clear and convincing evidence that appellant must be hospitalized because 

she did not recognize that she has a mental illness and needs treatment and, as such, 

represented a substantial risk of physical harm to herself and others that satisfies R.C. 

5122.01(B). 

{¶ 19} Appellant's assignment of error also seems to contend that the trial court's 

order concerning the forced medication order was against the manifest weight of the 

evidence. Since appellant was already released from TVBH and received the forced 

medication, this argument is rendered moot. "A matter is moot where a judgment is sought 

upon a matter which, when judgment is rendered, will not have any practical effect upon 

the issues raised by the pleadings." Witkowski v. Arditi, 123 Ohio App.3d 26, 30 (7th 

Dist.1997). Even if a case is moot, an appellate court may decide the appeal if an exception 
No. 17AP-288 8 

to the mootness doctrine applies. The "capable of repetition yet evading review" exception 

applies only in exceptional circumstances when (1) the challenged action is too short in 

duration to be fully litigated before its cessation or expiration, and (2) there is a reasonable 

expectation that the same complaining party will be subject to the same action again. State 

ex rel. White v. Kilbane Koch, 96 Oho St.3d 395, 2002-Ohio-4848. That exception applies 

in this case. However, the evidence provided in this case supported the order of forced 

medication. Steele v. Hamilton Cty. Community Mental Health Bd., 90 Ohio St.3d 176, 

189 (2000), fn. 8. 

{¶ 20} In Steele, at paragraph six of the syllabus and 187-88, the Supreme Court of 

Ohio held that the standard for court authorization of forced treatment by providing that 

the applicant must prove by clear and convincing evidence the following: 

(1) [T]he patient does not have the capacity to give or withhold 

informed consent regarding his/her treatment, (2) it is in the 

patient's best interest to take the medication, i.e., the benefits 

of the medication outweigh the side effects, and (3) no less 

intrusive treatment will be as effective in treating the mental 

illness. 

{¶ 21} The magistrate conducted a hearing on the application for authority to 

forcibly medicate appellant. Dr. Iverson again testified. He stated he believed appellant 

lacked the capacity to make an informed medical treatment decision because she does not 

appreciate that she has schizophrenia, and she is not able to process the information 

rationally. Dr. Iverson was not aware of a less-intrusive treatment alternative than his 

suggested medication, and with the treatment, appellant's prognosis is fair and without 

treatment, her prognosis is poor. 

{¶ 22} On cross-examination, Dr. Iverson explained that appellant did not believe 

she was ill and therefore refused any medication, despite acknowledging that medication 

had helped her in the past. 

{¶ 23} Andrew Savageau, M.D., also testified. Dr. Savageau, a licensed psychiatrist 

working at TVBH, concurred with Dr. Iverson's opinion that appellant has schizophrenia 

and is unaware that she is ill. Dr. Savageau believed the proposed treatment plan was very 

appropriate and was not aware of a lesser-intrusive alternative consistent with her needs. 

Dr. Savageau believed the benefits of treatment far outweighed any risks. Dr. Savageau also 

agreed with Dr. Iverson that appellant's prognosis would be fair given treatment and 
No. 17AP-288 9 

without medication, her "illness will continue indefinitely and possibly worsen." (Mar. 1, 

2017 Hearing Tr. at 44.) 

{¶ 24} Based on this testimony, the magistrate recommended that the hospital be 

authorized to treat and medicate appellant according to the terms of the application to 

authorize psychiatric treatment. Both doctors testified that appellant lacked the capacity 

to make an informed treatment decision because she does not acknowledge that she has a 

mental illness. Both doctors believed it was in appellant's best interest to receive this 

medication and recommended treatment. Both doctors testified appellant was successfully 

treated with the proposed medication previously, and Dr. Savageau testified that the 

benefits far outweighed any risk. Both doctors stated that they were unaware of any lessintrusive treatment alternative consistent with her needs. Dr. Savageau also agreed with 

Dr. Iverson that appellant's prognosis would be fair given treatment and without 

medication, her illness would continue and possibly worsen. Thus, the trial court had clear 

and convincing evidence consistent with the requirements of Steele that supported the 

order of forced medication. 

{¶ 25} Appellant argued in her objection in the trial court and in her brief before this 

Court that the trial court relied on testimony regarding the facts supporting her prior 

hospitalization in 2013. While Dr. Iverson did testify regarding those facts, the trial court 

specifically stated that it put "little weight on the statement by the doctor concerning" the 

facts regarding appellant's previous hospitalization. (Apr. 24, 2017 Jgmt. Entry at 11.) The 

trial court mentioned only that the incident "is but one incident showing a pattern of 

[appellant's] troubling behaviors." Id. Thus, the trial court did not rely on those facts to 

support its order. The evidence provided at the hearings was sufficient without any 

mention of previous incidents. 

{¶ 26} Finally, appellant seems convinced that the trial court relied on her arrest as 

evidence to support the civil commitment. However, the civil commitment process is 

separate from the criminal process, and the trial court properly followed the mandates of 

R.C. Chapter 5122. Appellant's sole assignment of error is overruled. 
No. 17AP-288 10 

IV. CONCLUSION 

{¶ 27} For the foregoing reasons, appellant's sole assignment of error is overruled, 

and the judgment of the Franklin County Court of Common Pleas, Probate Division, is 

affirmed. 

Judgment affirmed. 

DORRIAN and HORTON, JJ., concur.