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IN RE HAYS

No. 93-1689.

70 Ohio St.3d 471 (1994)

IN RE HAYS: OHIO DEPARTMENT OF MENTAL HEALTH, APPELLANT, v. CLERMONT COUNTY ALCOHOL, DRUG ADDICTION AND MENTAL HEALTH SERVICES BOARD, APPELLEE.

Supreme Court of Ohio.

Decided October 5, 1994.

Attorney(s) appearing for the Case

Lee I. Fisher, Attorney General, and David J. Kovach, Assistant Attorney General, for appellant.

Donald W. White, Clermont County Prosecuting Attorney, and James A. Shriver, Assistant Prosecuting Attorney, for appellee.

Winnifred Weeks and Joseph H. Brockwell, urging affirmance in part for amicus curiae, Ohio Legal Rights Service.

Hugh F. Daly, Genevieve Gomez and Frank Wassermann, Legal Aid Society of Cincinnati, urging affirmance for amici curiae, Drop Inn Center Shelterhouse, Free Store/Food Bank and the Greater Cincinnati Coalition for the Homeless.

A. WILLIAM SWEENEY, J.

I

The present controversy concerns the authority of a probate court to issue an order of involuntary commitment for mental health treatment and to require the Ohio Department of Mental Health to assume the cost of such treatment. The jurisdiction of probate courts to conduct commitment hearings is set forth in R.C. 2101.24(A). This section provides in relevant part:

"(2) In addition to the exclusive jurisdiction conferred upon...

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