Involuntary Commitment in Ohio: How the Process Works

Ohio civil commitment runs through probate court under Revised Code Chapter 5122: an emergency hold and a court order for up to 90 days. Not legal advice.

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Key takeaway

Ohio's civil commitment process runs through probate court under Revised Code Chapter 5122. An emergency hospitalization can hold someone for up to three court days after an exam. A judge can then order treatment for up to 90 days. This is education, not legal advice. Call 911 or 988 in a crisis.

Last updated: Mon Oct 26 2026 00:00:00 GMT+0000 (Coordinated Universal Time)

Published: October 26, 2026

Updated: October 26, 2026

You are watching someone you love fall apart, and they will not take the help you keep offering. You want to know what Ohio law actually lets you do, and whether you can make them go. That is a fair question, and it deserves a straight answer instead of a sales pitch.

Call 911 if someone is overdosing, not breathing, violent, or in immediate danger. Call or text 988 for a mental health crisis.

What happens when someone in Ohio will not accept treatment?

It depends on how urgent the danger is. If someone is at immediate risk of harm, an emergency hospitalization can begin today, and it does not need a court order first. If the risk is real but not immediate, the path usually runs through a probate court hearing that can order treatment for a set number of days. Ohio also requires that care be the least restrictive option that still meets the need, so a long hospital stay is not automatic. Every case turns on the facts and on whether a judge finds the legal criteria are met.

Ohio's civil commitment process runs through probate court under Revised Code Chapter 5122. An emergency hospitalization can hold someone for up to three court days after an exam, and a judge can then order treatment for up to 90 days. This is education, not legal advice.

What Ohio law allows

Ohio Revised Code Chapter 5122 governs psychiatric hospitalization. The law applies to a person with a mental illness who is subject to court order, which means someone whose mental illness creates a substantial risk of physical harm to themselves or to others, or leaves them unable to meet basic needs like food, shelter, or medical care. A diagnosis alone is not the test. The question is whether the illness creates that level of risk.

The emergency hold

Only certain professionals can take someone into custody for an evaluation, and the list in ORC 5122.10 is narrow. It includes a psychiatrist, a licensed physician, a licensed clinical psychologist, a psychiatric nurse practitioner or clinical nurse specialist, a health officer, a parole officer, a police officer, and a sheriff. A family member is not on that list, so you cannot start this yourself. Once the person arrives at a hospital, staff examine them within 24 hours. If the examiner agrees the criteria are met, the hospital can hold the person for not more than three court days after that examination, unless the person chooses voluntary care or a court issues an order.

When a judge decides

If the emergency hold is not enough, the case moves to the county probate court. Court-ordered treatment begins when a request is filed with the court, and the court can issue a temporary detention order while the case is pending. A full hearing follows. The person has the right to a lawyer at no cost if they cannot afford one, the right to an independent expert evaluation, and the right to attend and be heard. The court must find by clear and convincing evidence that the person meets the criteria. If it does, it can order treatment for a period not to exceed 90 days, choosing the least restrictive setting that fits.

What this cannot do

Ohio civil commitment is not a shortcut to a particular bed, and it is not something a family can trigger on its own or buy through a hotline. A 2019 report prepared for SAMHSA found that every state's civil commitment standard requires a serious mental illness, and the usual definition leaves substance use disorder out, even though the two often travel together. This page is general education. Statutes and local practice change, and only a lawyer or the probate court can tell you what applies in your case. If someone promises a guaranteed outcome for a fee, walk away.

If they will still talk to you

The voluntary door stays open, and it is often the faster one. People say yes to a program more often when they are scared and someone makes the next step easy. Offer a ride. Sit with them and look at FindTreatment.gov. Ohio Medicaid and state-funded care may cover parts of treatment, and the Ohio Medicaid guide and the state-funded rehab guide explain what to verify. For the conversation itself, the guide for when they refuse treatment is a good place to start.

Next step tonight

If someone is in danger right now, call 911. If it is a mental health crisis, call or text 988. Ohio connects every call to a local counselor. You can also read the basics of how commitment works, or compare how nearby states handle it: Pennsylvania, Kentucky, Tennessee, and Missouri. If they will consider treatment, call or text (800) 653-9376 for help finding programs in Ohio.

Call or text (800) 653-9376 when you want Ohio treatment options named while you sort the legal side.

Additional Resources

Sources cited on this page:

Common Questions

Can I have someone committed in Ohio on my own?

No single family member can order it. A short emergency evaluation has to be started by a professional named in Revised Code 5122.10, such as a police officer, physician, or psychiatrist. Court-ordered treatment is a decision for a probate court judge.

How long can Ohio hold someone against their will?

After an emergency examination, the hospital can detain the person for not more than three court days. If a judge orders court treatment, that order can run up to 90 days. Both timelines come from Revised Code Chapter 5122, as of October 2026.

Does drug or alcohol use by itself qualify in Ohio?

Usually not. A 2019 report prepared for SAMHSA found that every state's civil commitment standard requires a serious mental illness, and the usual definition leaves substance use disorders out. A mental illness alongside the substance use can still meet the test.

What rights does the person have during the Ohio process?

The right to a lawyer at no cost if they cannot afford one, the right to an independent evaluation, the right to attend the hearing and be heard, and the right to the least restrictive setting that fits their treatment needs.

What should I do tonight?

If someone is in danger, call 911. If it is a mental health crisis, call or text 988. If they will still talk with you, keep the voluntary door open and ask about treatment options.