Mental Health Rights in Forensic Settings

Individuals receiving public behavioral health services that are in a forensic legal status have rights but those rights are more limited than non-forensic individuals.

The following list of rights is from Ohio Administrative Code § 5122:2-1-02. It is not the complete text of the rule. To read the complete rule, see 5122:2-1-02 Client rights and grievance procedures.

Ohio Administrative Code § 5122:2-1-02 Client rights and grievance procedures

1. The right to be treated with consideration and respect for personal dignity;
2. The right to be evaluated in a physical environment affording as much privacy as feasible;
3. The right to service in a humane setting which is the least restrictive feasible if such setting is under the control of the forensic center;
4. The right to be informed of the purpose and procedures of the evaluation service;
5. The right to consent to or refuse the forensic evaluation services and to be informed of the probable consequences of refusal;
6. The right to freedom from unnecessary restraint or seclusion if such restraint or seclusion is within the control of the forensic center;
7. The right to be advised of and refuse observation by techniques such as one-way vision mirrors, tape recordings, televisions, movies, or photographs, unless ordered by the court, in which case the client must be informed of such technique;
8. The right not to be discriminated against in the provision of service on the basis of religion, race, color, creed, sex, national origin, age, lifestyle, physical or mental handicap, developmental disability, or inability to pay;
9. The right to be fully informed of all rights;
10. The right to exercise any and all rights without reprisal in any form;
11. The right to file a grievance;
12. The right to have oral and written instructions for filing a grievance including an explanation that the filing of a grievance is exclusively an administrative proceeding within the mental health system and will not affect or delay the outcome of the criminal charges.

• Mental Health