Public Comment Sought on Proposed Assisted Outpatient Treatment Rules

The Supreme Court of Ohio has opened a public comment period for proposed rules to oversee assisted outpatient treatment programs operated by probate courts.

The proposal would add a new rule to the Rules of Superintendence for the Courts of Ohio that will offer oversight of assisted outpatient treatment programs (AOT). An AOT is an alternative to traditional civil commitment to a mental hospital or inpatient treatment facility. The Advisory Committee on Children and Families has proposed that each probate court that has an assisted outpatient treatment adopt a comprehensive local rule governing the practice of using community-based outpatient services to treat a “person with mental illness subject to court order.”

Under R.C. 5122.01(B), a probate court can commit a person adjudicated with a mental illness to a mental hospital or inpatient facility using the traditional civil commitment process. The law also permits AOT as another option. When AOT is ordered, the individual is committed to the local Alcohol, Drug Addiction, and Mental Health Services (ADAMHS) board. The ADAMHS board oversees the individual’s treatment by a community-based provider, using a treatment plan developed by the provider. The committing court conducts routine status hearings with the individual, treatment provider, ADAMHS, and others involved in monitoring the individual’s progress.

The advisory committee notes the individuals eligible for AOT experience severe mental illness, and oftentimes have been stabilized through inpatient treatment. Transferring them to AOT frees up bed space at inpatient facilities and hospitals for those presenting more significant risks, the committee explains.

The proposed rule, Rule 79.01, includes a definition of an AOT program, presents the necessary content that must be in a local rule, and outlines the responsibilities of the court.

The local rule must include the eligibility requirements for AOT candidates, the procedures for selecting and referring individuals to AOT, and the criteria for successful completion. The rule also must specify procedures for ADAMHS, providers, attorneys, and others to make confidential filings during the civil commitment process, along with procedures for notifying parties and other participants when necessary, and procedures for conducting the initial review and subsequent reviews of the program.

The proposed rule directs courts to specify their responsibilities in forming a multidisciplinary team to provide AOT, how it will monitor program participants, how it will evaluate the treatment period, and how it will maintain confidentiality. Finally, the rules must show how the court will evaluate program outcomes.

A temporary rule has been adopted while the public comment, review, and adoption process takes place.

Comments on the proposed amendments should be submitted in writing no later than June 2, 2025, to:

Kyana Pierson
Supreme Court of Ohio
65 South Front Street
Columbus, Ohio 43215

OR

AssistedOutPatientTreatment@sc.ohio.gov

Any submission by email should contain the sender’s full name and mailing address.