What you should know about court-ordered mental health treatment in Ohio
July 8, 2016
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Q: How does Ohio law define mental illness?
A: When deciding whether a person may be subject to a court order for mental health treatment, courts use this definition: mental illness is 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. Different definitions of mental illness may apply to other types of cases or for programs such as disability benefits.
Q: My aunt has a serious mental illness. Can she be ordered into mental health treatment just because she has a mental illness?
A: No, as with other mental or physical conditions individuals with a mental illness generally can make decisions about their treatment. However, a court can order mental health treatment for your aunt based on certain evidence: 1.) Because of her mental illness there is a substantial risk she will harm herself or others; 2.) There is a substantial risk of harm to her because she is not providing for her own basic physical needs, and there are no alternative ways to address those needs; 3.) There is a grave and imminent risk to her rights or others rights; or 4.) All of the following are true:
There has been a clinical determination that she is unlikely to survive safely in the community without supervision; she has a history of not complying with treatment, which has resulted in hospitalization or incarceration in the past 36* months, or she has committed or threatened violence within the past 48* months; she is unlikely to voluntarily get treatment because of her mental illness; and treatment is necessary to prevent a substantial risk of serious harm to her or others (*The 36- and 48- month periods are extended by any amount of time she was hospitalized or incarcerated).
Q: If the court orders treatment for my aunt, who decides what kind of treatment she will receive and where she will go? Will she be hospitalized?
A: The court will order the local mental health board or a facility such as a private hospital or the veterans administration, or the court may order another willing person or agency to be responsible for her treatment. If for example the court selects the mental health board to be responsible for your aunt, the mental health board will assess your aunt and determine where treatment should be provided. For example they may choose a hospital or a community mental health agency. If your aunt has an advance directive stating her treatment preferences, the team must consider that directive when developing the treatment plan. Your aunt cannot be involuntarily hospitalized if her illness is defined only by the criteria listed in option four above because the law only allows outpatient treatment in those situations.
Q: What services might be included in her treatment plan?
A: The treatment plan can include any available services to meet her needs including community psychiatric supportive treatment, assertive community treatment, medication, individual or group therapy, peer support services, financial services, housing or supervised living services, and alcohol or substance abuse treatment.
Q: For how long could my aunt be ordered into treatment?
A: The initial treatment order can be for up to 90 days. If the court is asked to order more treatment, subsequent orders can be for up to two years. The entity responsible for your aunts treatment also must notify the court if court-ordered mental health treatment is no longer necessary.
Q: How will my aunts rights be protected during this process?
A: When asked to order your aunt into treatment, the court will appoint an attorney to represent her, or your aunt can choose to hire a private attorney. Your aunt and her attorney have the right to review all of the available evidence, attend the hearing, present evidence and cross-examine witnesses. Your aunt can also request an independent evaluation, which the court will pay for if your aunt cannot afford it. After treatment has been ordered, your aunt can ask the court to review the need for treatment every six months.
Your aunt will keep all of her civil rights such as the right to vote, to marry, to make a will and to maintain a professional license. Your aunt may also contact Disability Rights Ohio, which is the protection and advocacy agency for people with mental illnesses and other disabilities in Ohio. Disability Rights Ohio can give her information about the law and her rights and provide assistance if her rights are violated.
This Law You Can Use column was provided by the Ohio State Bar Association. It was prepared by attorney Kristen Henry of Disability Rights Ohio. Articles appearing in this column are intended to provide broad, general information about the law. This article is not intended to be legal advice. Before applying this information to a specific legal problem, readers are urged to seek the advice of a licensed attorney.
