Ohio Code 5122.12 – Hearing notice
After receipt of the affidavit required by section 5122.11 of the Revised Code, the court shall cause written notice by mail or otherwise of any hearing as the court directs to be given to the following persons:
Terms Used In Ohio Code 5122.12
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Chief clinical officer: means the medical director of a hospital, community mental health services provider, or board of alcohol, drug addiction, and mental health services, or, if there is no medical director, the licensed physician responsible for the treatment provided by a hospital or community mental health services provider. See Ohio Code 5122.01
- Court: means the probate division of the court of common pleas. See Ohio Code 5122.01
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Hospital: means a hospital or inpatient unit licensed by the department of mental health and addiction services under section 5119. See Ohio Code 5122.01
- Person: includes an individual, corporation, business trust, estate, trust, partnership, and association. See Ohio Code 1.59
- Residence: means a person's physical presence in a county with intent to remain there, except that:
(1) If a person is receiving a mental health service at a facility that includes nighttime sleeping accommodations, residence means that county in which the person maintained the person's primary place of residence at the time the person entered the facility;
(2) If a person is committed pursuant to section 2945. See Ohio Code 5122.01
- Respondent: means the person whose detention, commitment, hospitalization, continued hospitalization or commitment, or discharge is being sought in any proceeding under this chapter. See Ohio Code 5122.01
(A) The respondent;
(B) The respondent’s legal guardian, if any, the respondent’s spouse, if any, and the respondent’s parents, if the respondent is a minor, if these persons’ addresses are known to the court or can be obtained through exercise of reasonable diligence;
(C) The person who filed the affidavit;
(D) Any one person designated by the respondent; but if the respondent does not make a selection, the notice shall be sent to the adult next of kin other than the person who filed the affidavit if that person’s address is known to the court or can be obtained through exercise of reasonable diligence;
(E) The respondent’s counsel;
(F) The director, chief clinical officer, or the respective designee of the hospital, board, community mental health services provider, or facility to which the person has been committed;
(G) The board of alcohol, drug addiction, and mental health services serving the respondent’s county of residence or a services provider the board designates.
Any person entitled to notice under this section, with the exception of the respondent, may waive the notice.
A copy of the affidavit and temporary order of detention shall be served with the notice to the parties and to respondent’s counsel, if counsel has been appointed or retained.