If the legal residence of a person with a mental illness is in another county of the state, the necessary expense of the person’s return is a proper charge against the county of legal residence. If an adjudication and order of hospitalization by the probate court of the county of temporary residence are required, the regular probate court fees and expenses incident to the order of hospitalization under this chapter and any other expense incurred on the person’s behalf shall be charged to and paid by the county of the person’s legal residence upon the approval and certification of the probate judge of the county of the person’s legal residence. The ordering court shall send to the probate court of the person’s county of legal residence a certified copy of the commitment order from the ordering court. The receiving court shall enter and record the commitment order. The certified commitment order is prima facie evidence of the residence of the person. When the residence of the person cannot be established as represented by the ordering court, the matter of residence shall be referred to the department of mental health and addiction services for investigation and determination.

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Terms Used In Ohio Code 5122.36

  • Another: when used to designate the owner of property which is the subject of an offense, includes not only natural persons but also every other owner of property. See Ohio Code 1.02
  • Court: means the probate division of the court of common pleas. See Ohio Code 5122.01
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Mental illness: means 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. See Ohio Code 5122.01
  • Person: includes an individual, corporation, business trust, estate, trust, partnership, and association. See Ohio Code 1.59
  • Probate: Proving a will
  • 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

  • state: means the state of Ohio. See Ohio Code 1.59

Last updated March 10, 2023 at 1:01 PM

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