reglab/statecodes huggingface dataset:
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5121 | Welfare Institutions - Generally › Section 5121.36 | Application for Discount - Determination - Notice.

Effective:
September 29, 2013
Latest Legislation:
House Bill 59 - 130th General Assembly
(A) A patient, patient's estate, or liable relative may apply for a discount by completing an application form prescribed by the director of mental health and addiction services. The department of mental health and addiction services may require a patient, estate, or relative to furnish any of the following with an application form:
(1) A copy of the patient's, estate's, or liable relative's federal income tax return for the year preceding the date of application or, if that is not yet available, the preceding year;
(2) A copy of the patient's, estate's, or liable relative's employee tax withholding return (form W-2) for the year preceding the date of application;
(3) Any other relevant documents prescribed by the director of mental health and addiction services.
(B) To be considered, an application must be submitted to the department not later than ninety days after the date the patient is admitted to a hospital.
(C) From the information provided by a patient, estate, or relative, the department shall determine whether the department will charge the person a discounted amount in accordance with sections 5121.40 and 5121.41 of the Revised Code. In making this determination, the department shall consider whether the patient is covered by an insurance policy or other contract that provides for payment of expenses and treatment for mental illness. If the department determines that the patient has coverage, the department shall require payment in accordance with section 5121.43 of the Revised Code.
(D) The department shall notify the patient, executor or administrator of the patient's estate, or liable relative who submitted the application form in writing regarding whether that person will be charged a discounted amount and the per diem rate to be charged.
(E) In accordance with section 5121.42 of the Revised Code, the department may, at any time, modify an amount charged or change the per diem rate to be charged if the department learns of countable assets or income that was not previously disclosed or was acquired after the application form was submitted. Within a reasonable time, the department shall notify in writing any person affected by a modification or change.
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5121 | Welfare Institutions - Generally › Section 5121.37 | Financial Assessment Regarding Discount - Modification.

Effective:
September 29, 2013
Latest Legislation:
House Bill 59 - 130th General Assembly
After a patient's admittance to a hospital, the department of mental health and addiction services shall conduct a financial assessment to determine whether the patient, patient's estate, or liable relative will be charged an amount discounted from the amount the department charges under section 5121.33 of the Revised Code. The department shall make the determination in accordance with sections 5121.40 and 5121.41 of the Revised Code.
If a discounted rate is to be charged, the department shall notify the person whose financial condition was assessed. The notice shall specify the per diem rate to be charged.
In accordance with section 5121.42 of the Revised Code, the department may, at any time, modify an amount charged or change the per diem rate to be charged if the department learns of countable assets or income that was not previously disclosed or was acquired after the assessment was conducted. Within a reasonable time, the department shall notify in writing any person affected by a modification or change.
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5121 | Welfare Institutions - Generally › Section 5121.38 | Department Access to Income and Assets Information.

Effective:
September 29, 2013
Latest Legislation:
House Bill 59 - 130th General Assembly
The department of mental health and addiction services may subpoena witnesses, take testimony under oath, and examine any public records relating to the income and other assets of a patient or of a relative liable for such patient's support. All information, conclusions, and recommendations shall be submitted to the department by the investigating agent of the department.
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5121 | Welfare Institutions - Generally › Section 5121.40 | Eligibility Criteria for Discounted Charge.

Effective:
September 29, 2013
Latest Legislation:
House Bill 59 - 130th General Assembly
(A) A patient, patient's estate, or liable relative may be eligible to be charged an amount discounted from the amount the department of mental health and addiction services charges under section 5121.33 of the Revised Code if the patient, estate, or relative has countable assets with a total value that is not greater than an amount equal to fifty per cent of the difference between the following:
(1) The gross annual income that corresponds with a family size of two persons at one hundred per cent of the federal poverty level for the state;
(2) The gross annual income that corresponds with a family size of one person at one hundred per cent of the federal poverty level for the state. For purposes of determining family size, the patient is one dependent. One additional dependent shall be included for each of the following circumstances and persons:
(a) The patient or liable relative is legally blind or deaf.
(b) The patient or liable relative is sixty-five years of age or older.
(c) Each child under eighteen years of age for which the patient or liable relative has legal custody;
(d) The patient's or liable relative's spouse.
(B) A patient, estate, or relative may, not later than ninety days after the patient's admission to a hospital, surrender the value of countable assets sufficient to reduce countable assets to not more than the limit described in division (A) of this section.
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5121 | Welfare Institutions - Generally › Section 5121.41 | Calculation of Discount - Reduced Charges for Impoverished Patients.

Effective:
January 1, 2006
Latest Legislation:
House Bill 66 - 126th General Assembly
(A) If the assets of a patient, patient's estate, or liable relative do not exceed the countable asset limit in section 5121.40 of the Revised Code and the annual income of the patient, estate, or relative does not exceed four hundred per cent of the federal poverty level, the patient, estate, or relative shall be charged an amount discounted from the amount the department charges under section 5121.33 of the Revised Code for the first thirty days the patient is admitted as an inpatient in a hospital and for which the patient is liable for the cost of care. The amount of the discount shall be computed according to the following schedule:
Annual Gross Income
Expressed as a Percentage of FPL
Inpatient Days at a Hospital
0 - 175
176 - 199
200 - 249
250 - 299
300 - 349
350 - 400
Percentage discount from charged amount
1 - 14
100
90
70
50
30
10
15 - 30
100
95
75
55
35
15
(B) A patient, estate, or relative who is charged a discounted amount for the first thirty days the patient is admitted as an inpatient and who has an annual income not greater than one hundred seventy-five per cent of the federal poverty level shall not be charged for the days the patient is admitted beyond the thirtieth day.
(C) A patient, estate, or relative who is charged a discounted amount for the first thirty days the patient is admitted as an inpatient and who has an annual income greater than one hundred seventy-five per cent of the federal poverty level shall be charged an amount equal to the sum of the following for the days the patient is admitted beyond the thirtieth day:
(1) The ancillary per diem rate multiplied by the number of days the patient was admitted to the hospital;
(2) An amount that was previously charged but not paid.
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5121 | Welfare Institutions - Generally › Section 5121.42 | Termination of Eligibility Based on Asset Accumulation.

Effective:
September 29, 2013
Latest Legislation:
House Bill 59 - 130th General Assembly
(A) Except as provided in division (B) of this section, a patient, patient's estate, or liable relative shall cease to be eligible for a discount under section 5121.36 or 5121.37 of the Revised Code on accumulation of countable assets in excess of an amount equal to fifty per cent of the difference between the following:
(1) The gross annual income that corresponds with a family size of two persons at one hundred per cent of the federal poverty level for the state;
(2) The gross annual income that corresponds with a family size of one person at one hundred per cent of the federal poverty level for the state.
(B) Money needed to meet the patient's needs and burial fund as determined by a needs assessment conducted by the department of mental health and addiction services pursuant to rules adopted under section 5119.10 of the Revised Code shall be excluded from any determination the department makes under division (A) of this section.
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5121 | Welfare Institutions - Generally › Section 5121.43 | Insurance Covering Patient Expenses - Payment Over to Department.

Effective:
September 29, 2013
Latest Legislation:
House Bill 59 - 130th General Assembly
If a patient is covered by an insurance policy or other contract that provides for payment of expenses for care and treatment for mental illness at or from a hospital under the jurisdiction of the department of mental health and addiction services, sections 5121.33 to 5121.55 of the Revised Code are inapplicable to the extent that the policy or contract is in force. Any insurance carrier or other third party payor providing coverage for such care and treatment shall pay for the patient's support obligation in amounts equal to the lesser of amounts charged by the department under section 5121.33 of the Revised Code or the benefits provided under the policy or other contract. Whether or not an insured, owner of, or other person having an interest in such policy or other contract is liable for support payments, the insured, policy owner, or other person shall assign payment directly to the department of all assignable benefits under the policy or other contract and shall pay to the department, within ten days of receipt, all insurance or other benefits received as reimbursement or payment for expenses incurred by the patient or for any other reason. If the insured, policy owner, or other person refuses to assign payment to the department or refuses to pay received reimbursements or payments to the department within ten days of receipt, the total liability of the insured, policy owner, or other person for the services is an amount equal to the per diem charge for the hospital where the patient was admitted multiplied by the number of days the patient was admitted.
In no event shall this total liability exceed the department's actual cost of providing care and treatment to a patient. The department may disqualify patients and liable relatives who have retained third party funds from future discounts. The department may request that the attorney general petition a court of competent jurisdiction to compel the insured, owner of, or other person having an interest in the policy or contract to comply with the assignment requirements in this section.
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5121 | Welfare Institutions - Generally › Section 5121.44 | Extended Payment Agreement - Security Interest in Residence Prohibited.

Effective:
September 29, 2013
Latest Legislation:
House Bill 59 - 130th General Assembly
The department of mental health and addiction services may enter into an extended payment agreement with a patient, patient's estate, or liable relative who has notified the department that the patient, estate, or relative cannot reasonably pay an amount the department has charged. In no case shall the department take a security interest, mortgage, or lien against the principal family residence of a patient or liable relative.
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5121 | Welfare Institutions - Generally › Section 5121.45 | Action to Enforce Collection of Delinquent Payment.

Effective:
September 29, 2013
Latest Legislation:
House Bill 59 - 130th General Assembly
(A) For purposes of this section, "delinquent payment" means an amount owed by a patient, patient's estate, or liable relative to the department of mental health and addiction services for which the person has failed to do either of the following not later than ninety days after the service associated with the charge was incurred:
(1) Make payment in full;
(2) Make a payment in accordance with the terms of an agreement entered into under section 5121.44 of the Revised Code.
(B) An action to enforce the collection of a delinquent payment shall be commenced not later than six years after the later of the following:
(1) The last date the department received money to satisfy the delinquent payment;
(2) The date the charge was due.
(C) In all actions to enforce the collection of delinquent payments, a court of record shall receive into evidence the proof of claim document made by the state together with all debts and credits. The proof of claim document shall be prima-facie evidence of the facts stated in the document.
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5121 | Welfare Institutions - Generally › Section 5121.46 | Conditions for Exemption of Liable Relatives.

Effective:
September 29, 2013
Latest Legislation:
House Bill 59 - 130th General Assembly
The department of mental health and addiction services shall not charge a liable relative under sections 5121.33 and 5121.35 of the Revised Code who has done either of the following:
(A) Paid all amounts charged by the department for the care and treatment of a particular patient for fifteen consecutive years;
(B) Paid amounts charged by the department for the care and treatment of more than one patient for a total of fifteen consecutive years.
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5121 | Welfare Institutions - Generally › Section 5121.47 | Limitation on Charges to Liable Relatives for Multiple Patients.

Effective:
September 29, 2013
Latest Legislation:
House Bill 59 - 130th General Assembly
Irrespective of the number of patients for which the department of mental health and addiction services may charge a liable relative under sections 5121.33 and 5121.35 of the Revised Code, the department shall not charge a liable relative or group of liable relatives who are members of the same family unit for the support of more than one patient during the same period of time.
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5121 | Welfare Institutions - Generally › Section 5121.48 | Acceptance of Voluntary Payments Exceeding Discount.

Effective:
January 1, 2006
Latest Legislation:
House Bill 66 - 126th General Assembly
The department shall accept voluntary payments from a patient, patient's estate, or liable relative in excess of a discounted amount charged in accordance with section 5121.35 of the Revised Code.
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5121 | Welfare Institutions - Generally › Section 5121.49 | Petition for Release, Modification, or Cancellation of Charge.

Effective:
September 29, 2013
Latest Legislation:
House Bill 59 - 130th General Assembly
(A) Any person who has been charged under section 5121.33 or 5121.35 of the Revised Code may petition the department of mental health and addiction services to do the following:
(1) Release the person from a charge;
(2) Modify or cancel a charge.
(B) The department shall respond to a petition in writing and inform the petitioner of whether a release, modification, or cancellation has been approved.
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5121 | Welfare Institutions - Generally › Section 5121.50 | Procedure on Judicial Commitment of Patient to Hospital.

Effective:
September 29, 2013
Latest Legislation:
House Bill 59 - 130th General Assembly
When a patient is committed to a hospital pursuant to judicial proceedings, the judge ordering the commitment shall:
(A) Make a reliable report on the financial condition of the patient and of each liable relative, as provided in rules adopted by the director of mental health and addiction services;
(B) Certify the report required under division (A) of this section to the managing officer of the hospital. The managing officer shall thereupon enter in the managing officer's records the name and address of any guardian appointed and of any relative liable for the patient's support.
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5121 | Welfare Institutions - Generally › Section 5121.51 | Petition for Guardian Where Estate Sufficient for Support.

Effective:
September 29, 2013
Latest Legislation:
House Bill 59 - 130th General Assembly
In case the estate of any patient in a hospital is sufficient for the patient's support and no guardian has been appointed for such estate, the agent of the department of mental health and addiction services shall petition the probate court of the proper county to appoint a guardian.
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5121 | Welfare Institutions - Generally › Section 5121.52 | Waiver of Claim for Support Against Decedent's Estate.

Effective:
September 29, 2013
Latest Legislation:
House Bill 59 - 130th General Assembly
On the death of a person who is a patient, or has been a patient in a hospital, or on the death of a person responsible under section 5121.34 of the Revised Code for the support of a patient, the department of mental health and addiction services may waive the presentation of any claim for support against the estate of such decedent, when in its judgment an otherwise dependent person will be directly benefited by the estate. Claims against an estate for support of a patient are subject to section 5815.28 and Chapter 2117. of the Revised Code, and shall be treated, and may be barred, the same as the claims of other creditors of the estate, pursuant to that section or chapter.
The department of mental health and addiction services may accept from a guardian or trustee of a patient a contract agreeing to pay to the state from the property of the guardian's or trustee's ward before or at the death of the ward a fixed annual amount for the support of the ward while the ward is a patient, with interest at four per cent per annum. A copy of the contract shall be filed in the probate court of the proper county and duly entered as a part of the records concerning the ward.
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5121 | Welfare Institutions - Generally › Section 5121.53 | State to Bear Burial Expense of Indigent Patient.

Effective:
January 1, 2006
Latest Legislation:
House Bill 66 - 126th General Assembly
The state shall bear the expense of the burial or cremation of an indigent patient who dies in a hospital if the body is not claimed for interment or cremation at the expense of friends or relatives, or is not delivered for anatomical purposes or for the study of embalming in accordance with section 1713.34 of the Revised Code. The managing officer of the hospital shall provide at the grave of the patient or, if the patient's cremated remains are buried, at the grave of the patient's cremated remains, a metal, stone, or concrete marker on which shall be inscribed the name and age of the patient and the date of death.
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5121 | Welfare Institutions - Generally › Section 5121.54 | Recovery of Payment by Liable Relative Against Patient.

Effective:
January 1, 2006
Latest Legislation:
House Bill 66 - 126th General Assembly
If payment of any amount due the state under the provisions of this chapter is made on account of a patient by any liable relative, as defined in section 5121.30 of the Revised Code, the relative may recover from the patient, the patient's guardian, or the executor or administrator of the patient's estate, the full amount of payment made by the liable relative; provided, that in no event may a relative recover in total more than the relative has paid the state, and provided, that in no event is the person from whom recovery is sought obliged to pay at a rate of support higher than the person would have paid had the state proceeded directly against that person.
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5121 | Welfare Institutions - Generally › Section 5121.55 | Department Guidelines for Cost of Client Support.

Effective:
September 29, 2013
Latest Legislation:
House Bill 59 - 130th General Assembly
The cost for support of a client of state-operated community mental health services is an amount determined using guidelines the department of mental health and addiction services shall issue. The guidelines shall be based on cost findings and rate-settings applicable to such services.
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5121 | Welfare Institutions - Generally › Section 5121.56 | Support of Patients Transferred From Correctional Institutions.

Effective:
April 6, 2023
Latest Legislation:
House Bill 281 - 134th General Assembly
The support and maintenance of patients confined in state hospitals for persons with mental illnesses, including persons transferred to them from state correctional institutions, and also including persons under indictment or conviction for crime, shall be collected and paid in accordance with sections 5121.30 to 5121.55 of the Revised Code.
Last updated March 10, 2023 at 12:55 PM
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5122 | Hospitalization of Mentally Ill › 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 extent that the provisions are not in conflict with any provision of sections 2945.37 to 2945.402 of the Revised Code. If a provision of this chapter is in conflict with a provision in sections 2945.37 to 2945.402 of the Revised Code regarding a person who has been so committed, the provision in sections 2945.37 to 2945.402 of the Revised Code shall control regarding that person.
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5122 | Hospitalization of Mentally Ill › Section 5122.04 | Outpatient Services for Minors Without Knowledge or Consent of Parent or Guardian.

Effective:
July 1, 1989
Latest Legislation:
Senate Bill 156 - 117th General Assembly
(A) Upon the request of a minor fourteen years of age or older, a mental health professional may provide outpatient mental health services, excluding the use of medication, without the consent or knowledge of the minor's parent or guardian. Except as otherwise provided in this section, the minor's parent or guardian shall not be informed of the services without the minor's consent unless the mental health professional treating the minor determines that there is a compelling need for disclosure based on a substantial probability of harm to the minor or to other persons, and if the minor is notified of the mental health professional's intent to inform the minor's parent, or guardian.
(B) Services provided to a minor pursuant to this section shall be limited to not more than six sessions or thirty days of services whichever occurs sooner. After the sixth session or thirty days of services the mental health professional shall terminate the services or, with the consent of the minor, notify the parent, or guardian, to obtain consent to provide further outpatient services.
(C) The minor's parent or guardian shall not be liable for the costs of services which are received by a minor under division (A).
(D) Nothing in this section relieves a mental health professional from the obligations of section 2151.421 of the Revised Code.
(E) As used in this section, "mental health professional" has the same meaning as in section 340.02 of the Revised Code.
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5122 | Hospitalization of Mentally Ill › Section 5122.05 | Involuntary Admission.

Effective:
April 6, 2023
Latest Legislation:
House Bill 281 - 134th 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 of the following procedures:
(1) Emergency procedure, as provided in section 5122.10 of the Revised Code;
(2) Judicial procedure as provided in sections 2945.38, 2945.39, 2945.40, 2945.401, 2945.402, and 5122.11 to 5122.15 of the Revised Code.
Upon application for such admission, the chief clinical officer of a hospital immediately shall notify the board of the patient's county of residence. To assist the hospital in determining whether the patient is subject to involuntary hospitalization and whether alternative services are available, the board or an agency the board designates promptly shall assess the patient unless the board or agency already has performed such assessment, or unless the commitment is pursuant to section 2945.38, 2945.39, 2945.40, 2945.401, or 2945.402 of the Revised Code.
(B) No person who is being treated by spiritual means through prayer alone, in accordance with a recognized religious method of healing, may be involuntarily committed unless the court has determined that the person represents a substantial risk of impairment or injury to self or others;
(C) Any person who is involuntarily detained in a hospital or otherwise is in custody under this chapter, immediately upon being taken into custody, shall be informed and provided with a written statement that the person may do any of the following:
(1) Immediately make a reasonable number of telephone calls or use other reasonable means to contact an attorney, a licensed physician, or a licensed clinical psychologist, to contact any other person or persons to secure representation by counsel, or to obtain medical or psychological assistance, and be provided assistance in making calls if the assistance is needed and requested;
(2) Retain counsel and have independent expert evaluation of the person's mental condition and, if the person is unable to obtain an attorney or independent expert evaluation, be represented by court-appointed counsel or have independent expert evaluation of the person's mental condition, or both, at public expense if the person is indigent;
(3) Have a hearing to determine whether or not the person is a person with a mental illness subject to court order.
Last updated March 10, 2023 at 12:55 PM
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5122 | Hospitalization of Mentally Ill › 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 it.
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5122 | Hospitalization of Mentally Ill › 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 pursuant to sections 5122.11 to 5122.15 of the Revised Code, shall immediately do both of the following:
(A) Notify the initiating court or prosecutor of the termination;
(B) Transmit to the initiating court a copy of any records in its possession that pertain to the defendant's mental illness or treatment for mental illness.
Last updated May 21, 2021 at 12:58 PM
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5122 | Hospitalization of Mentally Ill › 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 respondent's legal guardian, if any, the respondent's spouse, if any, and the respondent's parents, if the respondent is a minor, if these persons' addresses are known to the court or can be obtained through exercise of reasonable diligence;
(C) The person who filed the affidavit;
(D) Any one person designated by the respondent; but if the respondent does not make a selection, the notice shall be sent to the adult next of kin other than the person who filed the affidavit if that person's address is known to the court or can be obtained through exercise of reasonable diligence;
(E) The respondent's counsel;
(F) The director, chief clinical officer, or the respective designee of the hospital, board, community mental health services provider, or facility to which the person has been committed;
(G) The board of alcohol, drug addiction, and mental health services serving the respondent's county of residence or a services provider the board designates.
Any person entitled to notice under this section, with the exception of the respondent, may waive the notice.
A copy of the affidavit and temporary order of detention shall be served with the notice to the parties and to respondent's counsel, if counsel has been appointed or retained.
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5122 | Hospitalization of Mentally Ill › Section 5122.13 | Investigation.

Effective:
April 6, 2023
Latest Legislation:
House Bill 281 - 134th 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 board designates to assist the court in determining whether the respondent is subject to court-ordered treatment and whether alternatives to hospitalization are available, unless the services provider or board has already performed such screening. The board or services provider shall review the allegations of the affidavit and other information relating to whether or not the person named in the affidavit or statement is a person with a mental illness subject to court order, and the availability of appropriate treatment alternatives.
The person who conducts the investigation shall promptly make a report to the court, in writing, in open court or in chambers, as directed by the court and a full record of the report shall be made by the court. The report is not admissible as evidence for the purpose of establishing whether or not the respondent is a person with a mental illness subject to court order, but shall be considered by the court in its determination of an appropriate placement for any person after that person is found to be a person with a mental illness subject to court order.
The court, prior to the hearing under section 5122.141 of the Revised Code, shall release a copy of the investigative report to the respondent's counsel.
Nothing in this section precludes a judge or referee from issuing a temporary order of detention pursuant to section 5122.11 of the Revised Code.
Last updated March 10, 2023 at 12:56 PM
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5122 | Hospitalization of Mentally Ill › Section 5122.14 | Pre-Hearing Medical Examination.

Effective:
October 10, 1989
Latest Legislation:
House Bill 317 - 118th General Assembly
Immediately after acceptance of an affidavit required under section 5122.11 of the Revised Code, the court may appoint a psychiatrist, or a licensed clinical psychologist and a licensed physician to examine the respondent, and at the first hearing held pursuant to section 5122.141 of the Revised Code, such psychiatrist, or licensed clinical psychologist and licensed physician, shall report to the court his findings as to the mental condition of respondent, and his need for custody, care, or treatment in a mental hospital. The court may accept as evidence the written report of a psychiatrist, or the written report of a licensed clinical psychologist and a licensed physician, designated by the board of alcohol, drug addiction, and mental health services as the report and findings referred to in this section.
The examination, if possible, shall be held at a hospital or other medical facility, at the home of the respondent, or at any other suitable place least likely to have a harmful effect on the respondent's health.
The court shall prior to a hearing under section 5122.141 or 5122.15 of the Revised Code release a copy of the report to the respondent's counsel.
Last updated February 17, 2023 at 9:16 AM
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5122 | Hospitalization of Mentally Ill › Section 5122.141 | Initial Hearing.

Effective:
April 6, 2023
Latest Legislation:
House Bill 281 - 134th 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 afforded a hearing to determine whether or not the respondent is a person with a mental illness subject to court order. The hearing shall be conducted pursuant to section 5122.15 of the Revised Code, and the respondent shall have the right to counsel as provided in that section.
(B) The hearing shall be conducted within five court days from the day on which the respondent is detained or an affidavit is filed, whichever occurs first, in a physical setting not likely to have a harmful effect on the respondent, and may be conducted in a hospital in or out of the county. On the motion of the respondent, the respondent's counsel, the chief clinical officer, or on its own motion, and for good cause shown, the court may order a continuance of the hearing. The continuance may be for no more than ten days from the day on which the respondent is detained or on which an affidavit is filed, whichever occurs first. Failure to conduct the hearing within this time shall effect an immediate discharge of the respondent. If the proceedings are not reinstituted within thirty days, all records of the proceedings shall be expunged.
(C) If the court does not find that the respondent is a person with a mental illness subject to court order, it shall order the respondent's immediate discharge, and shall expunge all record of the proceedings during this period.
(D) If the court finds that the respondent is a person with a mental illness subject to court order, the court may issue an interim order of detention ordering any health or police officer or sheriff to take into custody and transport such person to a hospital or other place designated in section 5122.17 of the Revised Code, where the respondent may be observed and treated.
(E) A respondent or a respondent's counsel, after obtaining the consent of the respondent, may waive the hearing provided for in this section. In such case, unless the person has been discharged, a mandatory full hearing shall be held by the thirtieth day after the original involuntary detention of the respondent. Failure to conduct the mandatory full hearing within this time limit shall result in the immediate discharge of the respondent.
(F) Where possible, the initial hearing shall be held before the respondent is taken into custody.
Last updated March 10, 2023 at 12:57 PM
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5122 | Hospitalization of Mentally Ill › Section 5122.16 | Hospital Care or Treatment by Veterans' Administration or Other u.s. Agency.

Effective:
August 26, 1976
Latest Legislation:
House Bill 244 - 111th General Assembly
If a person, ordered to be hospitalized pursuant to section 5122.15 of the Revised Code, is eligible for hospital care or treatment by the veterans' administration or other agency of the United States government, such hospitalization may be ordered to those facilities provided by section 5905.02 of the Revised Code.
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5122 | Hospitalization of Mentally Ill › 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 mental health services provider, or a county home, but the person shall not be detained in a nonmedical facility used for detention of persons charged with or convicted of penal offenses unless the court finds that a less restrictive alternative cannot be made available.
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5122 | Hospitalization of Mentally Ill › 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 clinical officer of the hospital, services provider, or other facility in which the person is temporarily detained under section 5122.17 of the Revised Code shall immediately notify the person's legal guardian, spouse or next of kin, and counsel, if these persons can be ascertained through exercise of reasonable diligence. If a person voluntarily remains at or is admitted to a hospital, services provider, or other facility, such notification shall not be given without the person's consent. The chief clinical officer of the hospital, services provider, or other facility shall inform a person voluntarily remaining at or admitted to a hospital, services provider, or other facility that the person may authorize such notification.
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5122 | Hospitalization of Mentally Ill › Section 5122.19 | Medical Examination Within 24 Hours of Arrival.

Effective:
April 6, 2023
Latest Legislation:
House Bill 281 - 134th 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 hospital or services provider. Such an examination shall be held within twenty-four hours after the time of arrival, and if the chief clinical officer fails after such an examination to certify that in the chief clinical officer's opinion the person is a person with a mental illness subject to court order, the person shall be immediately released.
Last updated March 10, 2023 at 12:57 PM
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5122 | Hospitalization of Mentally Ill › 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 one public hospital to another, or to a hospital, community mental health services provider, or other facility offering treatment or other services for mental illness, if the medical director of the department of mental health and addiction services determines that it would be consistent with the medical needs of the patient to do so. If such a transfer is made to a private facility, the transfer shall be conditioned upon the consent of the facility.
Before an involuntary patient may be transferred to a more restrictive setting, the chief clinical officer shall file a motion with the court requesting the court to amend its order of placement issued under section 5122.15 of the Revised Code. At the patient's request, the court shall hold a hearing on the motion at which the patient has the same rights as at a full hearing under section 5122.15 of the Revised Code. The hearing shall be held within ten days after the date on which the respondent was transferred to the more restrictive setting or on which the motion was filed, whichever is earlier. On the motion of the respondent, the respondent's counsel, or the chief clinical officer, or on its own motion, and for good cause shown, the court may order a continuance of the hearing for up to ten days.
Whenever an involuntary patient is transferred, written notice of the transfer shall be given to the patient's legal guardian, parents, spouse, and counsel, or, if none is known, to the patient's nearest known relative or friend. If the patient is a minor, the department, before making such a transfer, shall make a minute of the order for the transfer and the reason for it upon its record and shall send a certified copy at least seven days prior to the transfer to the person shown by its record to have had the care or custody of the minor immediately prior to the minor's commitment. Whenever a consenting voluntary patient is transferred, the notification shall be given only at the patient's request. The chief clinical officer shall advise a voluntary patient who is being transferred that the patient may decide if the notification shall be given. In all such transfers, due consideration shall be given to the wishes of the patient, and the relationship of the patient to the patient's family, legal guardian, or friends, so as to maintain the relationship and encourage visits beneficial to the patient.
When a voluntary patient whose medical or psychological needs are found by the chief clinical officer to warrant a transfer refuses to be transferred to an alternate facility, the chief clinical officer may file an affidavit for a hearing under section 5122.11 of the Revised Code.
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5122 | Hospitalization of Mentally Ill › Section 5122.21 | Discharging Involuntary Patients.

Effective:
April 6, 2023
Latest Legislation:
House Bill 281 - 134th General Assembly
(A) The chief clinical officer shall as frequently as practicable, and at least once every thirty days, examine or cause to be examined every patient, and, whenever the chief clinical officer determines that the conditions justifying involuntary hospitalization or commitment no longer obtain, shall discharge the patient not under indictment or conviction for crime and immediately make a report of the discharge to the department of mental health and addiction services. The chief clinical officer may discharge a patient who is under an indictment, a sentence of imprisonment, a community control sanction, or a post-release control sanction or on parole ten days after written notice of intent to discharge the patient has been given by personal service or certified mail, return receipt requested, to the court having criminal jurisdiction over the patient. Except when the patient was found not guilty by reason of insanity and the defendant's commitment is pursuant to section 2945.40 of the Revised Code, the chief clinical officer has final authority to discharge a patient who is under an indictment, a sentence of imprisonment, a community control sanction, or a post-release control sanction or on parole.
(B) After a finding pursuant to section 5122.15 of the Revised Code that a person is a person with a mental illness subject to court order, the chief clinical officer of the hospital or community mental health services provider to which the person is ordered or to which the person is transferred under section 5122.20 of the Revised Code, may grant a discharge without the consent or authorization of any court.
Upon discharge, the chief clinical officer shall notify the court that caused the judicial hospitalization of the discharge from the hospital.
Last updated March 10, 2023 at 12:58 PM
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5122 | Hospitalization of Mentally Ill › Section 5122.22 | Trial Visits.

Effective:
July 1, 1997
Latest Legislation:
Senate Bill 285 - 121st General Assembly
When the chief clinical officer of a hospital considers it in the best interest of a patient, the officer may permit the patient to leave the hospital on a trial visit. The trial visit shall be for the period of time the chief clinical officer determines, but shall not exceed ninety days, unless extended for subsequent periods not to exceed ninety days after evaluation of the patient's condition.
The chief clinical officer, upon releasing a patient on trial visit, may impose requirements and conditions in relation to the patient while the patient is absent from the hospital that are consistent with the treatment plan.
The chief clinical officer of the hospital from which the patient is released on trial visit may at any time revoke the trial visit if there is reason to believe that it is in the best interests of the patient to be returned to the hospital.
If the revocation of the trial visit is not voluntarily complied with, the chief clinical officer, within five days, shall authorize any health or police officer or sheriff to take the patient into custody and transport the patient to the hospital.
At the completion of the trial visit, the chief clinical officer shall take whatever measures are necessary to enable the patient to return to the hospital.
If an involuntarily committed patient has successfully completed one year of continuous trial visit, the chief clinical officer shall discharge the patient subject to any applicable notice requirements of section 5122.21 of the Revised Code.
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5122 | Hospitalization of Mentally Ill › Section 5122.23 | Reporting Death or Change in Custody Status of Patient.

Effective:
September 29, 2013
Latest Legislation:
House Bill 59 - 130th General Assembly
The chief clinical officer of a public hospital shall immediately report to the department of mental health and addiction services and the board of alcohol, drug addiction, and mental health services serving the patient's county of residence the removal, death, escape, discharge, or trial visit of any patient hospitalized under section 5122.15 of the Revised Code, or the return of such an escaped or visiting patient to the department, the probate judge of the county from which such patient was hospitalized, and the probate judge of the county of residence of such patient. In case of death, the chief clinical officer also shall notify one or more of the nearest relatives of the deceased patient, if known to the chief clinical officer, by letter, telegram, or telephone. If the place of residence of such relative is unknown to the chief clinical officer, immediately upon receiving notification the probate judge shall in the speediest manner possible notify such relatives, if known to the probate judge.
The chief clinical officer of a public hospital, upon the request of the probate judge of the county from which a patient was hospitalized or the probate judge of the county of residence of such a patient, shall make a report to the judge of the condition of any patient under the care, treatment, custody, or control of the chief clinical officer.