Ohio
,
Legislation
, Sterilization
Ohio Rev. Code Ann. § 5123.86 provides that the sterilization of a person in mental health facility is not allowed without informed consent, but if a protected person is not capable of consent, the guardian can do so. If there is no guardian, the court can approve the recommendation of the chief medical officer of the facility, but the protected person has the right to appointed counsel if indigent to “contest the recommendation of the chief medical officer.”
Appointment of Counsel: Yes
Qualified:
Yes
?
If "yes",
the established right to counsel or
discretionary appointment of counsel
is
limited
in some way, including any of: the only authority
is a
lower/intermediate court decision or a city council,
not a high court or state legislature; there
has been
a subsequent case that
has
cast doubt; a statute
is
ambiguous; or the right or discretionary appointment
is not
for all types of individuals or proceedings
within that category.