Involuntary Commitment Laws In Ohio
In In re T.B., 10th Dist. No. 06AP-769, 2006 Ohio 4789, the court succinctly set forth the law applicable to an involuntary commitment in Ohio:
"R.C. Chapter 5122 sets forth specific procedures to be followed when a person is committed to a mental hospital, whether voluntarily or involuntarily.
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."
"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 and who pose a continuing risk to society or to themselves".
While confining mentally ill persons adjudged to be a risk to themselves or society both protects society and provides treatment in the hope of alleviating the mental illness, the state nonetheless must meet a heavy burden to show that the individual in fact suffers from a mental illness and must be confined in order to treat the illness.
"Under Ohio law there is a three-part test for an involuntary commitment. Each part of this test must be established by clear and convincing evidence.
The first two parts of the test are found in R.C. 5122.01(A). First, there must be a substantial disorder of thought, mood, perception, orientation, or memory.
Second, the substantial disorder of thought, mood, perception, orientation, or memory must grossly impair judgment, behavior, capacity to recognize reality, or the ability to meet the ordinary demands of life. the third part of the test requires that the mentally ill person be hospitalized for one of the reasons set forth in R.C. 5122.01(B)." Id. at P 8-9.