INSTRUCTIONS FOR PETITION FOR INVOLUNTARY TREATMENT FOR ALCOHOL AND OTHER DRUG ABUSE [R.C. 5119.90-5119.98]
PLEASE READ VERY CAREFULLY!!
NOTE: These instructions are intended as a guideline only and should not be relied upon as a comprehensive list of duties in an Emergency Guardianship. Remember to fill out the County Name (Adams) and the Division of the Court (Probate). The name of the Judge to be used on the forms is Brett M. Spencer. The name of the Magistrate to be used on the forms is David M. Hunter. All forms should be typewritten or legibly printed. The case caption is entitled “In the Interest of (name of respondent)”.
Ohio law (O.R.C 3793.32 et. seq.) permits a spouse, relative or guardian to file in the Probate Court a verified petition alleging that an individual 1) residing in Adams County who 2) suffers from alcohol or drug abuse, 3) is in imminent danger or imminent threat of danger to self, family or others as a result of the alcohol or other drug abuse, and 4) can reasonably benefit from treatment. The contents of the petition are specified in the statutes and the filing of the petition requires a probable cause hearing where the Applicant is examined by the Court under oath, and permits the Probate Court to schedule a full hearing within 7 days. Upon a finding based upon clear and convincing evidence that the individual may reasonably benefit from treatment, the Probate Court is permitted (but not required) to order the individual to undergo treatment.
There must be a facility willing to treat the respondent upon an order from the Court.
The responsibility for payment for the treatment and examination expenses is upon the applicant, who must deposit with the Court upon the filing of the petition one-half of the estimated costs of the treatment of the respondent and sign a financial guarantee for the costs associated with the hearing, the examination of the respondent and the balance of the costs of any treatment ordered by the Court. Treatment, if ordered, must be delivered by a licensed or certified facility from a list of the providers established by the mental health and recovery services board.
The receipt of good legal advice can be critically important to a person intending to file a petition for the involuntary treatment of an individual suffering from alcohol or other drug abuse since upon filing there are substantial financial deposits for treatment that must be paid and further financial guarantees that must be signed.
The person who is filing the Petition must set forth facts that someone is suffering from alcohol and other drug abuse and presents an imminent danger or imminent threat of danger to self, family, or others if not treated for substance abuse. The Petition must be signed by the person who is filing the paperwork in front of a notary public.
The certificate of physician must be filled out completely by a physician that has examined the person who is suffering from alcohol and other drug abuse within two (2) days prior to the day the petition is filed with the court.
The statement of treatment provider must be completed by the facility that is going to be providing the treatment.
The person filing the paperwork is responsible for all fees, court costs, evaluation assessment costs, sheriff fees (if any apply), hearing fees, and treatment costs as stated in the Ohio Revised Code.
The person filing the paperwork must place a security deposit for 50% of the total amount of the cost of treatment with the court at the time of filing of the petition and petitioner must sign a guarantee for the rest of the payment of treatment.
ALL MONEY IS DUE AT THE TIME OF FILING OF THE PETITION. THERE WILL NOT BE ANY REFUNDS FOR THE INITIAL FILING COURT COSTS.
Required Forms:
Supreme Court Form 26.0: Petition for Involuntary Treatment for Alcohol and Other Drug Abuse - The petitioner must complete all the information being requested and the applicant will have their signature notarized by a notary or the deputy clerk of the Probate Court.
Supreme Court Form 26.1: Certificate of Physician - completed if a physician has assessed the respondent within 72 hours of filing the petition
Supreme Court Form 26.2: Affidavit of Refusal of Examination - filed when the respondent refused to undergo the physician’s examination and Form 26.1 cannot be filed.
Supreme Court Form 26.3: Statement of Treatment - completed by the facility willing to treat the respondent on a court order and the form should state the fee charged for treatment and the length of time required by the facility for treatment.
Supreme Court Form 26.4: Notice of Hearing on Petition - completed by the applicant. The hearing date will be completed by the Court.
Supreme Court Form 26.5: Notice to Respondent and Order to Appear for Examinations and Hearing - This notice is sent to the respondent via sheriff’s department, process server, or mailed by the Court. Cost of service will be taxed to the Court costs.
Supreme Court Form 26.6: Notice to Respondent and Emergency Order to Report to Hospital - This notice is used if the Court determines that the respondent needs emergency treatment in the hospital prior to the full hearing. This form will be served upon the respondent.
Supreme Court Form 26.7: Respondent's Rights - Sent to the respondent. Enter the date the petition was filed.
Supreme Court Form 26.8: Affidavit or Indigency - Only used for Court Appointed Counsel
Supreme Court Form 26.9: Entry Appointing Counsel- Only used for Court Appointed Counsel
Supreme Court Form 26.10: Probable Cause Hearing Decision and Entry - Filed by the Court after hearing if there is enough testimony to find treatment is necessary at the probable cause hearing. The magistrate will then set a full hearing.
Supreme Court Form 26.11: Entry Setting Hearing & Ordering Notice - The Court will select a date for the full hearing. Notice of the hearing is sent to the respondent.
Supreme Court Form 26.12: Summons - Summons to Respondent to Present Themselves to a Qualified Health Professional for the purposes of a Drug and Alcohol Addiction Assessment and Diagnosis is completed with the location of where the Respondent is required to appear for an assessment and a date and/or time if known. This form is sent to the Respondent. The assessment must be completed no less than 24 hours before the hearing.
Supreme Court Form 26.13: Order to Transport - given to the party who will transport the respondent to the hospital for emergency treatment. This form is issued if Form 26.6 is issued.
Supreme Court Form 26.14: Order - Entry Granting Petition for Involuntary Treatment - signed at the hearing if the treatment is deemed necessary.
Form AC-443 (Word | PDF)- Order to Provider to Perform a Drug and Alcohol Addiction Assessment and Diagnosis - this form is given to the person doing the assessment for drug and alcohol treatment.
The paperwork is completed by the applicant. The Court will hear evidence and after full and careful consideration thereof, the Court will determine if there is or is not to probable cause that the respondent can reasonably benefit from treatment. If the Court finds probable cause, the case is set for a full hearing to determine if there is clear and convincing evidence that the respondent may reasonably benefit from treatment for alcohol and/or other drug abuse. Written notice of said hearing shall be given by mail to all persons entitled to notice. The full hearing (if ordered) is set out at least 7 days for mail service. One half of the treatment fees, if any are paid and the documents are filed with the cashier. There are no court filing costs. The Court will make copies of documents and mail to respondent, deliver to sheriff for service, or to the process server that has been appointed. If no probable cause is found, the case will be dismissed.
The Respondent is required to appear. The assessment from the Qualified Health Professional must be presented by the hearing time. All proof of notice, if required are to be filed by the hearing. Based upon the testimony and the assessment by the qualified health professional, the Court will determine if the respondent would benefit from treatment for drugs and alcohol abuse. If approved the magistrate will order that the respondent report to the facility for treatment. It is the responsibility of the applicant to transport the respondent to the facility. The Court does not have the resources to provide transportation. If it is determined that treatment is not necessary or needed, then the case would be dismissed. Both parties have the right to object if the case is heard by a magistrate. These objections are heard by the Judge