Casey's Law OH
The Steps Toward Help and Hope
IMPORTANT UPDATES TO CASEY'S LAW OHIO
The Hamilton County Heroin Coalition recognized the need to update Ohio's version of Casey's Law. Working with Rep. Bill Seitz (original sponsor of the bill) and Rep. Brigid Kelly portions of the law that were difficult to navigate were identified–espeically needing all the cost of treatment upfront. An updated version of the law has been drafted which would allow that at least half the cost could be covered by insurance–working to ensure 3rd party insurance and Medicaid. Included is the removal of a filing fee. There is also working being done to reduce the amount of paperwork and simplify some of the current forms. The current draft works closely with physicians and allowing the court to order periodic examinations by professionals to determine if the type of treatment is appropriate or needs to be changed.
“It is our hope all working together can refine the process so those struggling with addiction can get help and allow the court system to be a resource working hand-in-hand with families to provide effective care. We will keep monitoring the process and make adjustments when needed in order to save lives and ease the burden on families and individuals impacted by addiction.”
In Ohio, there are three requirements to qualify for a Casey's Law petition. The individual must:
- Suffer from alcohol or other drug abuse
- Present a danger or threat of danger to self, family, or others because of their substance abuse
- Can reasonably benefit from treatment
File a Petition
Each county probate court is different, some counties have forms available and others recommend you speak with an attorney. To find out how to start the process, contact your county probate court and ask about how to get a petition for Involuntary Treatment for Alcohol and Other Drug Abuse, informally "Casey's Law".
Once a petition is filed, a court hearing and a physicial examination by a qualified health professional will be scheduled. If, at the conclusion of the hearing, the probate court finds clear and convincing evidence that the loved-one being petitioned may reasonably benefit from treatment, the court may order treatment after considering the health professionals' recommendations for treatment that have been submitted to the court.
At this hearing, you are not required to have an attorney, but may have one present. The loved-one the petition is filed for also has the right to an attorney and if they cannot obtain one, one can be appointed by the court.
The law currently states that the petitioner is to accept financial responsibility for court fees and treatment for your loved-one. Some courts will allow your loved-one's health insurance to be applied to the cost of treatment instead. This varies by county, to see if your county will allow health insurance to cover treatment contact your local probate court and ask about your coverage options.