Ohio Mental Health Commitments: What Families Should Know About Involuntary Holds
When someone you care about in Ohio faces a mental health emergency, being placed on an involuntary commitment without their consent can be deeply unsettling. Ohio’s laws allow for temporary holds to protect individuals when their safety or the safety of others is at risk, or when they can’t care for themselves due to mental illness. Though the process can feel confusing, knowing what to expect can empower you and provide steady support for your loved one during this difficult time.
What Triggers an Involuntary Hold in Ohio?
An involuntary hold isn’t a first step—it’s used only when a person’s mental health condition becomes urgent enough to require immediate intervention. In Ohio, holds are authorized when:
The person threatens or tries to harm themselves.
The person poses a real threat to others.
The individual cannot meet basic needs like food, shelter, or safety because of their mental health.
These criteria ensure holds happen only when absolutely necessary for protection and care.
The Two Main Types of Holds Used in Ohio
Ohio’s mental health system uses two primary holds depending on the situation’s urgency and duration:
Immediate Crisis Hold (Up to 72 Hours)
This short-term hold can be started by emergency responders or health professionals. It’s designed to give doctors time to assess the person’s condition and decide if further treatment is needed. During this time, your loved one will be evaluated in a hospital or mental health center.
Longer-Term Court-Approved Hold (Up to 90 Days or More)
If medical staff believe the person still needs care after the crisis hold ends, they may ask a judge to extend treatment. This longer hold requires a legal hearing where evidence about the person’s condition is reviewed before a decision is made. The court’s order can last up to 90 days and sometimes longer if necessary.
Who Can Make the Call to Begin a Hold?
Unlike some states where only certain professionals or law enforcement can start the hold process, in Ohio, any adult who has reliable information or direct knowledge that someone meets the criteria for hospitalization can file a legal affidavit with the probate court. This includes:
Family members
Friends or concerned community members
Healthcare professionals (psychiatrists, psychologists, physicians)
Others with firsthand knowledge
The affidavit must clearly state why the person meets Ohio’s legal definition of needing hospitalization and include facts supporting this claim. The court may also require professional medical evaluations to back up the affidavit.
How Does the Hold Process Work in Ohio?
There are two main paths for involuntary hospitalization:
1. Filing an Affidavit (Preferred Method)
A concerned adult files an affidavit with the probate court describing why the person needs hospitalization. The court reviews this information to decide if there is probable cause to hold the person. If so, the court may issue a Temporary Order of Detention (TOD), allowing the person to be held up to 48 hours while awaiting a hearing.
2. Emergency Hospitalization (Used in Urgent Situations)
In an immediate crisis, certain professionals such as psychiatrists, police officers, or health officials can take someone into custody without prior court approval if the person poses a serious risk to themselves or others. The person must be examined by hospital staff within 24 hours and can be held for up to 72 hours (three court days) while further evaluations take place.
If the emergency hospitalization does not result in court-approved continued detention, the person must be released once this period ends.
What Your Loved One Experiences While on Hold
After an involuntary hold is placed in Ohio, several steps occur to ensure your loved one’s safety and legal protections:
They are taken to a hospital licensed by the Ohio Department of Mental Health and Addiction Services or another approved facility for psychiatric evaluation.
Within 24 hours of arrival, a mental health professional must conduct a thorough assessment to determine the individual's condition and the necessity of continued treatment.
If your loved one was taken to a general hospital (not specifically licensed for mental health care), Ohio law requires transfer to a certified mental health hospital within 24 hours.
During this time, the hospital staff reviews medical history, current symptoms, and any immediate risks related to self-harm or harm to others.
The individual is promptly informed about the reasons for their hold, their rights under Ohio law, and the availability of legal counsel.
If hospitalization continues past the emergency hold period, the facility must notify the probate court to begin formal commitment proceedings.
Throughout their stay, your loved one should be treated with dignity and in a secure setting focused on stabilizing their mental health, while ensuring their safety and respect.
How Families Can Offer Meaningful Support
When a loved one is on an involuntary hold in Ohio, understanding their rights and staying involved is essential. They have the right to be informed about the hold, access legal representation, and participate in hearings.
Families can support by:
Keeping clear records of behaviors and crises to share with medical and legal teams.
Communicating openly with healthcare providers to understand treatment plans and advocate for your loved one’s needs.
Attending court hearings to stay informed and help protect their rights.
Assisting with discharge planning by connecting to community services like counseling or housing support.
Taking care of your own emotional health to remain patient and strong throughout the process.
Active family support helps protect your loved one’s dignity and promotes better outcomes during a difficult time.
What Comes After the Hold?
After the emergency hold or Temporary Order of Detention (TOD), several paths may unfold depending on your loved one’s condition and the court’s decisions:
If the court or medical professionals determine that your loved one no longer poses an immediate risk or meets criteria, they will be released from the hold.
Your loved one might choose voluntary treatment if they agree to continue care on their own terms.
The court may order formal commitment for continued inpatient or outpatient treatment if the person still meets Ohio’s strict standards for hospitalization.
Discharge planning will begin early, ensuring a safe transition to community services, outpatient therapy, or supported housing.
Moving Forward with Knowledge and Compassion
Ohio’s involuntary hold system aims to protect individuals experiencing mental health crises by offering prompt care while respecting their rights. Understanding who can initiate a hold, what happens during the hospital stay, and the legal protections in place helps families navigate this complex time with more confidence.
