In Ohio, an individual may be held and prohibited to leave a hospital if the treating doctor believes, or has reason to believe that the individual is mentally ill may be a threat to themselves or others, or for other serious and articulated reasons. This process is often referred to as a “pink slip” or 72-hour hold, and is the beginning of what is known as an involuntary or civil commitment. However, the hold is not exactly 72-hours, but actually three court days, i.e., weekends and holidays are not counted against the three days. At the expiration of the three days, one of two events must occur: (A) The hospital must release the individual, or (B) File an affidavit with the probate court alleging that the person is mentally ill and must remain at the hospital because they either present a risk of physical harm to themselves or others, are unable to provide for their own basic physical needs, or would benefit from continued hospitalization because their behavior creates a grave and imminent risk to their rights or the rights of others.
If the Court grants the application for civil commitment, different counties have their processes for where they case may go from that point. Some counties have an outpatient community program where the individual may follow-up with the court even after the hospital discharge, some counties do not maintain a community program fir various reasons, often associated with lack of funding. Regardless, the process is generally focused on treatment and empowering the individual with resources to address their needs. It should not be punitive, as it is not criminal, but civil, in nature.
If you need representation in a civil commitment or have questions, please do not hesitate to contact Brissie Law Office and ask for William Brissie, (513) 389-1100.