Mental Health and Developmental Disabilities
It is the responsibility of the Probate Court to oversee the involuntary commitment process of individuals who are alleged to be mentally ill or developmentally disabled while protecting their rights and to ensure they receive treatment in the least restrictive environment. The Court hears and determines if the individual requires hospitalization. All proceedings and records are confidential.
The Court will appoint an attorney for a person if it appears the alleged mentally ill or developmentally disabled person is indigent. In addition, the Court will advise all allegedly mentally ill/developmentally disabled persons of additional legal rights they have under the law.
The Mental Health Department is responsible for processing affidavits and motions to initiate the involuntary civil commitment procedure of this Court. Hearings are conducted by the Court at various hospitals and other mental health facilities throughout the county.
Intellectual and Developmental Disabilities
The Mental Health Department is also responsible for processing filings under R.C. Chapter 5123 and this Court appoints attorneys, doctors, clinical psychologists, and other experts as required. When it is necessary to place an individual living with a developmental disability in an institutional environment, the Probate Court, after hearing, may order that person be placed in an appropriate institution.
The agency primarily responsible for making sure individuals living with a mental illness receive appropriate treatment is the Montgomery County ADAMHS Board. The agency primarily responsible for reviewing placement, education and treatment of adults living with a developmental disability is the Montgomery County Board of Developmental Disabilities Services.