What Is Casey’s Law in Ohio?
Casey’s Law is what people call Ohio’s law on involuntary treatment for alcohol and other drug abuse. The law is sections 5119.90 to 5119.98 of the Ohio Revised Code. Section 5119.91 states its purpose in one sentence: “A probate court may order involuntary treatment for a person experiencing alcohol and other drug abuse pursuant to the procedures set forth in sections 5119.90 to 5119.98 of the Revised Code.”
The statute never uses the name. The Casey’s Law organization, which explains the law to families, uses it on its page for Ohio: “In Ohio, there are three requirements to qualify for a Casey’s Law petition.”
The state’s courts have standard forms for it. Court News Ohio reported that “The Supreme Court approved Standard Probate Forms 26.0 through 26.14 after 2013 legislation gave probate judges the authority to involuntarily commit a person who needs alcohol or drug abuse treatment.”
This article reports what the statute and the forms say. It is not legal advice, and it does not replace a lawyer or the probate court.
Can You Force Someone Into Rehab in Ohio?
A family member cannot order it. A probate court can, and only when three conditions are met. Section 5119.92 says “No person shall be ordered to undergo treatment under sections 5119.90 to 5119.98 of the Revised Code unless all of the following apply to that person”:
- “The person experiences alcohol and other drug abuse.”
- “The person presents an imminent danger or imminent threat of danger to self, family, or others as a result of alcohol and other drug abuse, or there exists a substantial likelihood of such a threat in the near future.”
- “The person can reasonably benefit from treatment.”
Section 5119.90 defines the terms. Alcohol and other drug abuse means “alcohol use disorder or drug addiction.” Danger means “substantial physical harm or threat of substantial physical harm upon self, family, or others.”
Who Can File a Petition?
Section 5119.93 limits it to family and guardians: “A spouse, relative, or guardian of the individual concerning whom the petition is filed shall file the petition.” A friend or an employer is not on that list.
The case starts “by filing a verified petition in the probate court.” The filing is private. The same section says “A petition filed under this division shall be kept confidential.”
What Has to Go With the Petition?
The statute asks for four things.
The facts. The petition states the family member’s belief, “including the factual basis for the belief,” that the person “presents an imminent danger or imminent threat of danger to self, family, or others if not treated for alcohol or other drug abuse.”
A physician’s certificate. The petition comes with “a certificate of a physician who has examined the respondent within two days prior to the day that the petition is filed in the probate court.” The respondent is the person the petition is about. If that person refuses to see a physician, the petition says so, and then “the petitioner shall not be required to provide a physician’s certificate with the petition.”
A treatment provider. The family arranges treatment before it files. The petition has to carry “a statement that the petitioner has arranged for treatment of the respondent,” and with it “a statement from the person or facility who has agreed to provide the treatment that verifies that the person or facility has agreed to provide the treatment and the estimated cost of the treatment.” The state’s petition form repeats it in capitals: “A statement from Facility MUST accompany this petition.”
Proof that part of the cost can be covered. The statute accepts any one of these:
- “A security deposit to be deposited with the clerk of the probate court that will cover half of the estimated cost of treatment of the respondent”
- “Documentation establishing that insurance coverage of the petitioner or respondent will cover at least half of the estimated cost of treatment of the respondent”
- “Other evidence to the satisfaction of the court establishing that the petitioner or respondent will be able to cover some of the estimated cost of treatment of the respondent”
What Does It Cost the Family?
The law puts the cost on the person who files, and it lets insurance take that place.
Besides the proof described above, the petition needs a guarantee. The person who signs it takes on “the costs of the examinations of the respondent,” the hearing costs the court finds appropriate, and “the costs of any treatment ordered by the court.” Insurance documents that cover those costs can take the guarantee’s place.
Transportation is included. If the court has to send an officer or an ambulance to bring the person in, section 5119.96 says those costs “shall be included in the costs of treatment for alcohol and other drug abuse to be paid by the petitioner.”
The court’s own filing costs are separate. Ask the clerk of the probate court what they are.
What Happens After You File?
Section 5119.94 sets the order of events.
- The judge questions the person who filed: “the probate court shall examine the petitioner under oath as to the contents of the petition.”
- If the court finds probable cause, it must “Schedule a hearing to be held within seven days.”
- The person is told about the petition and the hearing, and about the right to a lawyer. Someone who cannot afford one “may be represented by court-appointed counsel at public expense if the person is indigent.”
- The person is examined before the hearing, “not later than twenty-four hours before the hearing date by a physician for the purpose of a physical examination and by a qualified health professional for the purpose of a drug and alcohol addiction assessment and diagnosis.”
- The person may also get a second opinion, an independent evaluation “conducted at the respondent’s own expense.”
At the hearing the court needs “clear and convincing evidence that the respondent may reasonably benefit from treatment.” The statute names one kind of evidence that is enough by itself: “Evidence that the respondent has overdosed and been revived one or more times by an opioid antagonist, overdosed in a vehicle, or overdosed in the presence of a minor is sufficient to satisfy this evidentiary requirement.”
The family can stop the case. “if the petitioner withdraws the petition, then the court shall dismiss the proceedings against the respondent.”
The Casey’s Law organization adds a practical note about the hearing: “At this hearing, you are not required to have an attorney, but may have one present.”
What Can the Court Order?
The order names the kind of treatment and the aftercare. The aftercare period “shall be at least three months and shall not exceed six months.”
Treatment under this law does not have to mean a residential stay. The statute defines it to include “residential treatment, a halfway house setting, and an intensive outpatient or outpatient level of care.” The court decides after considering the recommendations of the health professionals who examined the person.
An order has consequences. The statute says “Failure of a respondent to undergo and complete any treatment ordered pursuant to this division is contempt of court.” If the person does not go, the court can issue a summons, and after that it can have a peace officer take the person to treatment.
Is There an Emergency Option?
Yes, a short one. Under section 5119.95, after an examination and a certification by a qualified health professional, “a probate court may order the person hospitalized for a period not to exceed seventy-two hours if the court finds by clear and convincing evidence that the person presents an imminent threat of danger to self, family, or others as a result of alcohol and other drug abuse.”
This option still runs through the court. When someone is in danger this minute, call 911.
Where Do You File in Columbus or Dayton?
In the probate court, which the statute defines as “the probate division of the court of common pleas.” Columbus is in Franklin County and Dayton is in Montgomery County, and each county has its own probate court.
Three things help before you call the clerk:
- The statewide petition is Form 26.0 of the Supreme Court of Ohio, linked above. Counties may use their own versions.
- The Casey’s Law organization warns that practice differs: “Each county probate court is different, some counties have forms available and others recommend you speak with an attorney.”
- The court holds a list of providers. Under section 5119.97, each county’s board of alcohol, drug addiction and mental health services gives the clerk “A list of hospitals and treatment providers in the counties served by the board that are able and willing to provide treatment for alcohol and other drug abuse ordered pursuant to section 5119.94 of the Revised Code.”
What If the Problem Is Mental Illness?
Then a different law applies. Ohio’s emergency hospitalization law, section 5122.10, lets certain professionals and officers take a person to a hospital for a mental health examination. People call that a pink slip. It does not start with a family petition, and its standard is about mental illness.
Where Leora Behavioral Health Fits
Leora Behavioral Health is an outpatient provider in Columbus and Dayton. It does not provide overnight or emergency care.
The statute’s definition of treatment includes intensive outpatient and outpatient care, and Leora runs both:
- Intensive outpatient is three hours of group therapy a day, three to five days a week, with a separate track for substance use.
- Outpatient is one to two days a week.
Leora also runs partial hospitalization, Monday to Friday, 9:00 am to 4:15 pm, where you sleep at home.
To ask whether one of these programs could be the treatment named in a petition, call admissions. Leora accepts every Ohio Medicaid plan and every commercial carrier, and admissions can check coverage when you call. That matters here because the statute lets insurance stand in for the deposit.
Leora’s page for families says more about helping someone who does not want treatment.
If Someone Is in Danger Right Now
If someone is in immediate danger, call 911.
For a mental health or substance use crisis, call or text 988. The 988 Lifeline says of itself: “The 988 Lifeline is available 24/7/365.”
