COMMITMENT OF MENTALLY ILL

1. Emergency Hospitalization:

Any psychiatrist, licensed clinical psychologist, licensed physician, health officer, parole officer, police officer, or sheriff who has reason to believe that a person:

• Represents a substantial risk of physical harm to himself as manifested by evidence of threats of, or attempts at, suicide or serious self-inflicted bodily harm;
• 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;
• Represents a substantial and immediate risk of serious physical impairment or injury to himself or herself as manifested by evidence that he or she is unable to provide for and is not providing for his or her basic physical needs because of his or her mental illness and that appropriate provision for such needs cannot be made immediately available in the community; or
• Would benefit from treatment in a hospital for his or her 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 himself or herself, may take such person into custody and immediately transport him or her to a hospital.

A written statement must be given to the hospital stating the circumstances under which such person was taken into custody and the reasons for the psychiatrist's, licensed clinical psychologist's, licensed physician's, health officer's, police officer's, chief of the adult parole authority's parole or probation officer's, or sheriff's belief. This statement shall be made available to the individual committed or his attorney upon request of either. ORC § 5122.10, ORC § 5122.01 (B), (J)

If such person is transported and admitted to a general hospital, within 24 hours the person must be transferred to a hospital licensed, established, controlled, or supervised by the Department of Mental Health. An examination must be made within twenty-four hours after the person's arrival at the hospital or facility. ORC § 5122.10, ORC § 5122.01 (F)

2. Judicial Hospitalization

Proceedings for the hospitalization of a person can be commenced by the filing of an affidavit with the court. The affidavit must contain an allegation setting forth one or more of the four reasons for hospitalization mentioned under "Emergency Hospitalization." The affidavit must also contain a statement of alleged facts sufficient to indicate there is probable cause to believe that the person is mentally ill and subject to hospitalization by court order. ORC § 5122.11

After receipt of the affidavit, the court shall cause written notice of a hearing to be given to specified persons. ORC § 5122.12 The court shall refer the affidavit to the community mental health board or designated agency to assist the court in determining whether the person is subject to hospitalization and whether alternative services are available. ORC § 5122.13 The court may appoint a psychiatrist, or a licensed clinical psychologist and a physician to examine the person. ORC § 5122.14 Full hearings shall be conducted in a manner consistent with ORC Chapter 5122 and with due process of law. ORC § 5122.15

"The chief clinical officer of a hospital may, and the chief clinical officer of public hospital shall in all cases of psychiatric medical emergencies, receive for observation, diagnosis, care, and treatment any person whose admission is applied for under...either the emergency procedure or judicial procedure..." ORC § 5122.05

"Persons, including but not limited to, community mental health boards and agencies, acting in good faith, either upon actual knowledge or information thought by them to be reliable, who procedurally or physically assist in the hospitalization or discharge, determination of appropriate placement, or in judicial proceedings of a person under this chapter (i.e., hospitalization of mentally ill), do not come within any criminal provisions, and are free from any liability to the person hospitalized or to any other person. No person shall be liable for any harm that results to any other person as a result of failing to disclose any confidential information about a mental health client, or failing to otherwise attempt to protect such other person from harm by such client." ORC § 5122.34

(See also:  CONSENT;  MEDICAL RECORDS)

COMMITMENT OF MENTALLY ILL