Casey’s Law in Ohio: How to Get Court-Ordered Addiction Treatment

In Ohio, a probate court can order a person experiencing alcohol and other drug abuse into treatment they have not agreed to [1]. Families call this Ohio law Casey’s Law, after a Kentucky law of the same kind [2]. A spouse, relative or guardian files the petition, and the person who files has to show how the treatment will be paid for [3].

This page is for a family member in Ohio who is weighing that step. It covers who can file, what goes in the petition, the criteria a judge applies, each stage and its time limits, who pays, where the person goes, and why a voluntary admission is often the quicker route. It explains the law. It is not legal advice, and the probate court in your county or an attorney is the right person to ask about your case. For the national picture, see our guide to involuntary commitment for addiction.

If someone is having a seizure, is unresponsive or has trouble breathing, call 911. For a mental-health crisis call or text 988.

What Casey’s Law is in Ohio, and why Kentucky’s is different

Ohio’s version sits in sections 5119.90 to 5119.98 of the Ohio Revised Code. Under those sections, a probate court may order involuntary treatment for a person experiencing alcohol and other drug abuse [1]. The name Casey’s Law does not appear in the Ohio text. It is borrowed from Kentucky, where the original law was named for a young man who died of a heroin overdose, and Ohio later adopted a version of its own [2].

Kentucky’s Casey’s Law is a separate statute. Its formal name is the Matthew Casey Wethington Act for Substance Abuse Intervention, and it covers KRS 222.430 to 222.437 [4]. In Kentucky, the petition goes to the District Court clerk, not to an Ohio probate court [5]. If the person you are worried about is in Kentucky, that is the law to read. Everything below is about Ohio.

A few Ohio terms will come up. The probate court is the probate division of the court of common pleas [6]. The person who files is the petitioner, and the person the petition is about is the respondent [6]. Treatment under these sections includes residential treatment, a halfway house setting, and an intensive outpatient or outpatient level of care [6]. For treatment options around the state, see our page on drug and alcohol rehab in Ohio.

Who can file a Casey’s Law petition in Ohio

The list is short. The statute says a spouse, relative or guardian of the person shall file the petition [3]. It is a verified petition, filed in the probate court, and every document in the case is titled “In the interest of” the respondent [3]. A friend, a coworker or a partner who is not a spouse is not on that list.

The petition is kept confidential. No one may disclose it except as needed for that section, or when a court orders it [3].

The Supreme Court of Ohio publishes a standard petition form for probate courts, Form 26.0, most recently amended on October 1, 2025 [7]. The statute says what it must contain [3]:

• your relationship to the respondent
• the respondent’s name, home address and current location, if known
• the names and addresses of the respondent’s parents or guardian, spouse, and anyone who has custody of them, or a near relative
• your belief, and the facts behind it, that the respondent is experiencing alcohol and other drug abuse and is an imminent danger or threat of danger to themselves, their family or others if not treated

If you believe the person is misusing opioids, the petition must also include any evidence that they have overdosed and been revived with an opioid antagonist such as naloxone, overdosed in a vehicle, or overdosed in front of a minor [3].

Courts differ in their forms, filing hours and local rules. Ask the probate court clerk in your county, or an attorney, before you file.

The criteria a probate court looks for

The test is in section 5119.92. No one can be ordered into treatment unless all three of these apply [8]:

1. The person experiences alcohol and other drug abuse.
2. The person is a danger. They present an imminent danger or imminent threat of danger to themselves, their family or others because of that substance use, or there is a substantial likelihood of such a threat in the near future.
3. The person can reasonably benefit from treatment.

“Danger” has a set meaning here. It means substantial physical harm, or the threat of substantial physical harm, to self, family or others [6]. The statute defines alcohol and other drug abuse as alcohol use disorder or drug addiction [6].

At the hearing, the court has to find by clear and convincing evidence that the person may reasonably benefit from treatment [9]. One kind of evidence is named in the law. Proof that the person has overdosed and been revived one or more times with an opioid antagonist, overdosed in a vehicle, or overdosed in the presence of a minor is enough to meet that bar [9].

So write down what you have seen, with dates. If you have been softening the fallout of someone’s use, our page on helping versus enabling may help you sort out what to change while this runs. Whether your facts meet the test is a question for an attorney.

Arrange treatment first: where the person goes

Ohio asks for something up front. The petition must say that you have already arranged treatment for the person [3]. It must come with a statement from the provider confirming it has agreed to provide the treatment, along with the estimated cost [3]. So the call to a treatment provider comes before the filing, not after the hearing.

If a physician examines the person and says inpatient treatment is needed, the physician’s certificate must name any inpatient facilities the physician knows are able and willing to provide it [3]. When the court orders treatment, it orders it through a community addiction services provider or an individual licensed to provide substance use treatment [9]. Each county’s alcohol, drug addiction and mental health services board must give the probate court clerk, at least once a year, a list of hospitals and providers able and willing to take court-ordered patients [10]. Ask the clerk for that list.

Our Ohio campus is The Recovery Village Columbus, in Groveport. Its campus page on therecoveryvillage.com publishes medical detox, inpatient rehab for substance use, inpatient mental health care, a partial hospitalization program, an intensive outpatient program and aftercare planning.

Whether a campus can take a particular person under a particular petition or order is a question for admissions. Admissions will tell you on the call what the campus can accept in your situation. If you are preparing a petition, say so, and have your questions about the provider statement ready.

What happens after you file: the steps and time limits

Every number below comes from the section cited beside it. Treat them as the limits the statute sets, not a promise about your court’s calendar.

Before you file: the physician’s certificate

The petition must come with a certificate from a physician who examined the person within two days before the day you file [3]. The certificate gives the physician’s findings, whether the person is a danger if not treated, the type and length of treatment needed, and whether the person can reasonably benefit from it [3]. If the person refused every request you made to see a physician, the petition says so, and you do not need the certificate [3].

The court reviews the petition

When you file, the probate court examines you under oath about what the petition says [9]. If the court finds probable cause to believe the person may reasonably benefit from treatment, it must schedule a hearing to be held within seven days [9]. It notifies the person, their guardian if any, and their spouse, parents or nearest relative or friend of the petition and the hearing date [9].

Examinations before the hearing

The court must have the person examined by a qualified health professional for a drug and alcohol assessment and diagnosis not later than 24 hours before the hearing [9]. The court also tells the person they will be examined by a physician for a physical exam [9]. The professional must certify the findings to the court within 24 hours of the exam, with a treatment recommendation if one is needed [9]. The person may get an independent evaluation at their own expense [9].

If the person does not attend an examination scheduled before the hearing, the court must issue a summons [11]. If they still do not appear, the court may order the sheriff or another peace officer to take them to a hospital on the board’s list [11].

If it is an emergency

After a qualified health professional examines the person and certifies that they meet the criteria, the court may order them hospitalized for up to 72 hours [12]. The court must first find, by clear and convincing evidence, that the person is an imminent threat of danger to themselves, their family or others [12]. If the hearing will not happen within those 72 hours, the court may order the stay to last until the hearing [12]. The person must be released as soon as the ordered period ends [12]. They may not be held in jail while waiting for transport or evaluation, unless the court has already found them in contempt [12].

The hearing and the right to a lawyer

The court tells the person they may hire a lawyer. If they cannot get one and are indigent, they may have court-appointed counsel at public expense [9]. The court then holds the hearing [9].

The order, aftercare, and what happens if the person does not go

If the court finds by clear and convincing evidence that the person may reasonably benefit from treatment, it orders treatment after considering the professionals’ recommendations [9]. The order sets the type of treatment, the type of aftercare, and how long aftercare lasts: at least three months and no more than six [9]. The court may also order periodic checks on whether treatment is still needed [9].

Failing to undergo and complete ordered treatment is contempt of court, and the provider must tell the court if the person does not follow through [9]. The court may issue a summons. If the person ignores it, the court may order a peace officer to take them to treatment [9]. If the court finds no probable cause to continue, or you withdraw the petition, the court must dismiss the case [9].

An order gets the person to a provider. It does not make treatment work. That depends on what happens once they are there.

Who pays under Casey’s Law

Ohio’s statute makes the person who files show, up front, how the cost will be covered [3].

The petition must come with one of these [3]:

• a security deposit with the probate court clerk covering half the estimated cost of treatment
• documents showing that your insurance or the person’s insurance will cover at least half the estimated cost
• other evidence the court accepts that you or the person can cover some of the cost

It must also come with one of these [3]:

• a guarantee, signed by you or another spouse, relative or guardian, to pay for the physician and professional exams, the hearing costs the court finds appropriate, and any treatment the court orders
• documents showing that insurance will cover those costs
• documents showing that you or the person will cover some of them

Transport adds to the bill. When a sheriff, peace officer, ambulance service or contracted provider takes the person to a hospital, those costs are part of the treatment costs to be paid by the petitioner [11]. Ohio’s Form 26.0 carries the same payment choices [7].

For a sense of scale, our own cost page puts detox at $250 to $800 a day and 30 days of basic residential care at $2,000 to $20,000. Those are our published ranges, not official figures. See what rehab costs for the full list. If the person has Ohio Medicaid, our page on Ohio Medicaid and addiction treatment covers how that coverage works. For any plan, have the benefits checked before you count on it.

Try a voluntary admission first when you can

A court order is a last resort. A voluntary admission is usually quicker. If the person agrees to go, you skip the physician’s certificate, the deposit, the guarantee, the summons and the hearing. And because Ohio requires you to arrange treatment before you file [3], the call to a provider is one you would make either way.

That makes one more conversation worth trying. Some families plan who says what, and when, with outside support. Our page on planning an intervention covers how that works. Keep it calm and specific: what you have seen, that you are worried, and that a place is ready.

You can also make the first call yourself, before the person has agreed to anything. Ask what a campus can accept, what the person’s coverage may pay and what the first day involves. Our page on how admission works walks through the steps. The first stage may be medical detox, then inpatient rehab or an intensive outpatient program. If the person says yes, that is the moment to call. If your family is split across state lines, our page on the Marchman Act in Florida shows how a different state handles the same question.

Safety while you wait: overdose risk and emergencies

If someone is having a seizure, is unresponsive or has trouble breathing, call 911. For a mental-health crisis call or text 988.

Even a fast case takes days. The hearing is due within seven days after the court finds probable cause [9], and an emergency hold is limited to 72 hours unless the court extends it to the hearing date [12]. Those stretches can be risky.

The riskiest moment can come after a break from use. MedlinePlus notes that most opioid overdose deaths occur in people who have just detoxed. Withdrawal reduces tolerance, so a person who has just gone through it can overdose on a much smaller dose than they used to take [13]. That can apply when a hospital stay ends, if the person went through withdrawal during it.

Naloxone rapidly reverses the effects of an opioid overdose. In 2023 the FDA approved a naloxone nasal spray as the first naloxone product for use without a prescription, which opened the way for it to be sold in places like drug stores and grocery stores [14].

While you wait, keep notes. Write down dates, what you saw, any threats of harm and any overdoses. The petition asks for those facts [3].

Frequently Asked Questions

Sources

1. Ohio Legislative Service Commission. (2023). Ohio Revised Code Section 5119.91: Involuntary treatment for alcohol and other drug abuse. State of Ohio. https://codes.ohio.gov/ohio-revised-code/section-5119.91
2. Wikipedia. (2026). Casey’s Law. Wikipedia. https://en.wikipedia.org/wiki/Casey%27s_Law
3. Ohio Legislative Service Commission. (2023). Ohio Revised Code Section 5119.93: Initiation of proceedings; petition. State of Ohio. https://codes.ohio.gov/ohio-revised-code/section-5119.93
4. Kentucky General Assembly. (2004). KRS 222.437: Short title for KRS 222.430 to 222.437. Kentucky Legislative Research Commission. https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=9949
5. Kentucky Office of Drug Control Policy. (2026). Casey’s Law. Commonwealth of Kentucky. https://odcp.ky.gov/Resources/Pages/Caseys-Law.aspx
6. Ohio Legislative Service Commission. (2025). Ohio Revised Code Section 5119.90: Definitions for sections 5119.90 to 5119.98. State of Ohio. https://codes.ohio.gov/ohio-revised-code/section-5119.90
7. Supreme Court of Ohio. (2025). Form 26.0: Petition for Involuntary Treatment for Alcohol and Other Drug Abuse. Supreme Court of Ohio. https://www.supremecourt.ohio.gov/docs/LegalResources/Rules/superintendence/probate_forms/involuntary/26_0.pdf
8. Ohio Legislative Service Commission. (2023). Ohio Revised Code Section 5119.92: Criteria for involuntary treatment. State of Ohio. https://codes.ohio.gov/ohio-revised-code/section-5119.92
9. Ohio Legislative Service Commission. (2021). Ohio Revised Code Section 5119.94: Examination of petitioner; hearing; notification of respondent; disposition. State of Ohio. https://codes.ohio.gov/ohio-revised-code/section-5119.94
10. Ohio Legislative Service Commission. (2013). Ohio Revised Code Section 5119.97: Lists of qualified hospitals and treatment providers. State of Ohio. https://codes.ohio.gov/ohio-revised-code/section-5119.97
11. Ohio Legislative Service Commission. (2013). Ohio Revised Code Section 5119.96: Issuance of summons; failure to attend examination; transportation to hospital. State of Ohio. https://codes.ohio.gov/ohio-revised-code/section-5119.96
12. Ohio Legislative Service Commission. (2013). Ohio Revised Code Section 5119.95: Seventy-two-hour emergency involuntary treatment. State of Ohio. https://codes.ohio.gov/ohio-revised-code/section-5119.95
13. MedlinePlus, National Library of Medicine. (2026). Opiate and opioid withdrawal. MedlinePlus Medical Encyclopedia. https://medlineplus.gov/ency/article/000949.htm
14. U.S. Food and Drug Administration. (2023). FDA Approves First Over-the-Counter Naloxone Nasal Spray. U.S. Food and Drug Administration. https://www.fda.gov/news-events/press-announcements/fda-approves-first-over-counter-naloxone-nasal-spray

This page is for general information and is not medical advice. Only a licensed clinician who knows your history can tell you what is right for you. If you or someone you know is in immediate danger, call 911. For free, confidential support 24/7, call or text 988.

Author

Kevin Wandler, MD

Chief Medical Officer, The Recovery Village