Ohio Probate Form 23.0 is the Petition for Protective Services, the court filing a county agency uses to ask a probate court to order help for an adult who is being abused, neglected, or exploited and who cannot consent on their own. It is filed by a County Department of Job and Family Services (CDJFS) under Ohio’s Adult Protective Services law when an incapacitated adult is in danger and no one is legally able to agree to services for them.
This form sits at the heart of Ohio Adult Protective Services (APS). When a caseworker investigates a report and finds an adult who is harmed, unable to protect themselves, and unable to say yes to help, the agency cannot force services without a judge. According to the Ohio Department of Job and Family Services, county APS units receive tens of thousands of abuse and neglect reports each year, and only a small fraction ever reach court because most adults accept help on their own. Form 23.0 is the tool for the hard cases, and a single missing fact or a skipped notice can send the whole petition back to square one.
Here is what you will learn in this guide:
- 📋 What Form 23.0 does, who may file it, and the exact law behind every line
- ✍️ A line-by-line walkthrough of all six paragraphs and the signature block, with sample entries
- 👥 Three full filled-out examples following real-world fact patterns from start to finish
- 🏛️ How to file the petition, the five-working-day notice rule, and what happens at the hearing
- ⚠️ The most common mistakes that get petitions delayed or dismissed, and how to avoid them
What the Form Is and Who Must File It
Form 23.0 is a standard probate form promulgated by the Supreme Court of Ohio under the Rules of Superintendence for the Courts of Ohio. The version covered here was amended May 1, 2021, and the form itself says to discard all previous versions. Always confirm the revision date in the footer before you file, because counties reject outdated forms.
The petition is authorized by R.C. 5101.65, even though the printed header references R.C. 5101.68. That mismatch on the page confuses many filers, so read carefully: the non-emergency petition for court-ordered protective services lives in R.C. 5101.65, while R.C. 5101.68 governs restraining orders when an adult has consented but someone else interferes. If you ignore this and treat the case as a 5101.68 matter, you may file the wrong form and lose days you do not have. The real-world cost is simple: a vulnerable adult stays in harm while paperwork gets corrected.
Only an authorized provider of adult protective services may file Form 23.0, which in practice means the CDJFS in the county where the adult lives, usually through its attorney. A worried neighbor, a relative, or a hospital social worker cannot file this petition directly; they must report the situation to APS, which then investigates under R.C. 5101.62 and decides whether to petition. A common misconception is that any family member can use Form 23.0 to take over a loved one’s care. That is false. Families who want decision-making authority pursue guardianship under R.C. Chapter 2111 using guardianship forms, not the APS petition.
To file, three things must all be true at once: the adult is incapacitated, the adult is a victim of abuse, neglect, or exploitation, and the adult has not consented to services. If even one of these is missing, the court cannot grant the order. The agency must prove each element with specific facts, which is why Paragraph 3 of the form carries so much weight.
Before You Start: Documents and Information You Need
Filling out Form 23.0 goes faster and cleaner when the caseworker and agency attorney gather everything first. A petition built on guesswork invites the respondent’s attorney to attack it, and courts will not authorize services on vague claims. Pull these items together before you open the form.
- The completed APS investigation file. This is the backbone of Paragraph 3; without dated, specific findings you cannot prove abuse, neglect, or exploitation.
- The adult’s full legal name and current address. A wrong name or address breaks service of notice and can void the hearing.
- The adult’s date of birth and age. Paragraph 2 requires both, and the court uses them to confirm jurisdiction over an adult, not a minor.
- Medical or capacity evidence. Physician statements, hospital records, or a psychologist’s assessment support the incapacitated person finding the judge must make.
- The proposed service plan. Paragraph 4 needs a concrete plan with the least restrictive option; a missing plan leaves the court nothing to authorize.
- A complete list of people entitled to notice. Under R.C. 5101.681 the adult plus spouse, adult children, or next of kin must be identified, or notice fails.
- Proof no one can consent. Confirm there is no guardian, no power of attorney, and no other legally authorized person, because Paragraph 6 depends on it.
- The agency attorney’s information. Name, address, phone, Ohio Supreme Court registration number, and email are all required in the signature block.
- The county filing fee or fee-waiver basis. Fees vary by county; some courts waive fees for government agency filings, but confirm before you file.
Gathering these in advance matters because Form 23.0 is short but unforgiving. Each blank ties to a legal element, and a thin record is the single biggest reason these petitions stall.
Where to Get the Form and How to Access It
The official, court-approved Form 23.0 is published on the Supreme Court of Ohio website. You can download the current fillable PDF directly from the Supreme Court probate forms page or open the Form 23.0 PDF that carries the May 1, 2021 amendment date. Using the state’s master version protects you, because local copies are sometimes outdated.
Most counties also host the protective-services series on their own probate court sites, such as the Franklin County Probate Court and the Cuyahoga County Probate Court. County versions should match the state form word for word, but a few courts add a local cover sheet or case-designation form. If your county form looks different from the state PDF, call the clerk before filing, because a non-conforming form can be rejected at the counter.
The form is a two-page fillable PDF with a Print Form button at the bottom. You can type entries into the fields on screen, which most agency attorneys prefer because typed petitions are easier to read than handwriting. A common misconception is that you must file the original blank by hand; in reality, courts accept typed-and-printed petitions, and many counties now accept e-filed PDFs through their electronic filing portals. Whatever the method, keep an unsigned working copy so you can revise before the attorney signs the final version.
Step-by-Step: How to Fill Out Form 23.0 Line by Line
Form 23.0 has a caption block, six numbered paragraphs, a wherefore clause, and a two-part signature block. Complete them in order. Use the exact labels printed on the form, type in capital letters where names appear, and never leave a numbered paragraph blank.
Caption: County, Judge, Adult’s Name, and Case Number
The top of the form asks for the Probate Court of ____ County, Ohio, the assigned Judge, the line In the Matter of ____, an Adult, and the Case No.
To answer it, enter the county where the adult lives, since venue follows the adult’s residence under the APS statute. Leave the judge line blank if the court assigns judges at filing, or enter the sitting probate judge’s name if your county uses one. Type the adult’s full legal name on the In the Matter of line, and leave the case number blank because the clerk assigns it when you file.
For example, the Franklin County agency would write FRANKLIN for the county and In the Matter of EDNA M. CARTER, an Adult on the caption line, leaving Case No. empty.
A nuance comes up when the adult uses a nickname or a hyphenated name. Always match the name to a government ID or medical record, not the name neighbors use, because notice and the final order must reference the same legal name.
A common mistake is filing in the wrong county, such as where a relative lives instead of where the adult resides. The direct consequence is dismissal for improper venue, which forces a refile and burns days while the adult stays at risk.
People often think the case number goes on first. It does not; the clerk issues it, and writing a guessed number creates a mismatched record that delays docketing.
Paragraph 1: The Petitioner’s Authority
This paragraph states that the Petitioner ____ is an authorized provider of adult protective services pursuant to R.C. 5101.60, et seq. and has received a report that the above-named Adult is in need of protective services.
To answer it, type the full legal name of the filing agency in the blank. This is almost always the county department of job and family services, written out in full.
For example, the Cuyahoga County agency enters Cuyahoga County Department of Job and Family Services in the Petitioner blank.
A nuance arises when a county uses a designee to run APS, such as an area agency on aging under contract. In that case, name the designee and be ready to show the designation agreement, because the court will test standing.
A common mistake is naming an individual caseworker as the petitioner instead of the agency. The consequence is a standing challenge, because only an authorized provider, the agency itself, may petition under R.C. 5101.65.
Many filers wrongly believe a hospital, police department, or family member can be the petitioner here. They cannot; those parties report to APS, and only the authorized provider files Form 23.0.
Paragraph 2: The Adult’s Identity, Residence, Age, and Date of Birth
This paragraph identifies the adult, asking for The Adult, _, residing at is _ years of age, with a date of birth of and is alleged to be an incapacitated person subject to abuse, neglect, or exploitation.
To answer it, type the adult’s full legal name, then the complete street address where they live, then the current age as a number, then the date of birth in MM/DD/YYYY format. Match every detail to official records.
For example, a filer writes EDNA M. CARTER, residing at 418 Maple Street, Columbus, OH 43215, is 82 years of age, with a date of birth of 04/09/1943.
A nuance appears when the adult was just moved, such as into a hospital or a relative’s home during the crisis. List the adult’s true legal residence and note the temporary location in Paragraph 3, because residence controls venue and notice.
A common mistake is entering an age that does not match the birth date, often after a birthday passes mid-case. The consequence is a credibility problem, because the respondent’s counsel uses any inconsistency to argue the agency was careless with the facts.
People often assume incapacitated just means old or confused. It does not; it is a legal finding that the adult cannot protect themselves from harm, and the court must see evidence supporting it, not an assumption based on age.
Paragraph 3: The Specific Facts of Abuse, Neglect, or Exploitation
This is the most important paragraph. It asks for The specific facts alleging the abuse, neglect, or exploitation on several blank lines.
To answer it, write dated, concrete, observable facts, not conclusions. Use who, what, when, and where. State what the caseworker saw, what records show, and what the adult or witnesses said, tying each fact to abuse, neglect, or exploitation as those terms are defined in R.C. 5101.60.
For example, instead of Edna is neglected, write On 05/12/2026 the caseworker found Edna alone, unbathed, with no food in the home; her bank statements show $14,000 withdrawn by her nephew over 60 days; a physician found stage-2 pressure ulcers from lack of care.
A nuance comes up when space runs out. Attach a signed, dated narrative as an exhibit and write See attached statement of facts, incorporated herein in the paragraph, because the court needs the full picture but the form lines are short.
A common mistake is writing vague labels like self-neglect with no underlying facts. The consequence is a weak petition a judge can deny, since the agency must prove harm with specifics, not characterize it.
Many filers think hearsay alone wins the day. It does not always; firsthand observations, dated records, and medical findings carry far more weight than secondhand claims, so anchor the paragraph in what the agency can prove.
Paragraph 4: The Proposed Protective Service Plan and Least Restrictive Placement
This paragraph asks for The proposed protective service plan including the least restrictive placement, if applicable.
To answer it, describe the exact services the agency wants the court to authorize and explain why each is the least intrusive option that still keeps the adult safe. Name the providers, the setting, and the supports, because the court can only order what you describe.
For example, a filer writes In-home aide services five days per week, weekly nurse visits, Meals on Wheels, and protective payee services for the nephew’s financial exploitation; placement in the home is the least restrictive option; facility placement is requested only if home services fail.
A nuance arises when removal from the home is necessary. Spell out why less restrictive options will not work, because R.C. 5101.65 requires the court to choose the least restrictive alternative consistent with the adult’s needs.
A common mistake is asking for institutional placement without first ruling out home-based help. The consequence is denial or a narrower order, since courts disfavor removing an adult from home when supports could work instead.
People often believe the order lets the agency do whatever it takes. It does not; the court authorizes only the specific plan you write, so leaving services out of Paragraph 4 means the agency cannot provide them later without going back to court.
Paragraph 5: Persons Entitled to Notice
This paragraph lists everyone who must receive notice, asking for each person’s Name, Address, and Relationship to Adult under R.C. 5101.681.
To answer it, list the adult first, then the spouse; if there is no spouse, list the adult’s adult children or next of kin, then any guardian. Provide a complete mailing address and the relationship for each person.
For example, a filer lists EDNA M. CARTER, 418 Maple Street, Columbus, OH 43215, Self (the Adult) and ROBERT CARTER, 22 Oak Lane, Dublin, OH 43017, Son.
A nuance comes up when a listed person is also the alleged abuser. Still list them with their relationship, because notice is required, but the agency may pair the petition with Form 23.4 or 23.6 if that person obstructs services.
A common mistake is leaving someone off the list or using a stale address. The consequence is defective service, which forces the court to continue the hearing and delays protection for the adult.
Many filers wrongly think the adult can waive notice to speed things up. They cannot; under R.C. 5101.66 the adult who is the subject of the petition may not waive notice, and personal service must occur at least five working days before the hearing.
Paragraph 6: No Consent and No Authorized Decision-Maker
This paragraph states that The Adult has not consented and there is no person authorized by law or court order available to give consent to the protective services.
To answer it, confirm the statement is true before you keep it on the form. There is no blank to fill; you are certifying that the adult refused or cannot consent and that no guardian, attorney-in-fact, or other authorized person can consent for them.
For example, the agency keeps this paragraph as printed because Edna refused services and has no guardian and no valid power of attorney.
A nuance arises when a power of attorney exists but the agent is the suspected abuser or is unwilling to act. Document why that agent is unavailable or disqualified, because the court must see that no legitimate consent path exists.
A common mistake is filing Form 23.0 when the adult actually consented but a third party is interfering. The consequence is the wrong remedy; that situation calls for Form 23.6 under R.C. 5101.68, not the 23.0 petition.
People often assume that if the adult says no, the agency loses. The opposite can be true here; an incapacitated adult’s refusal is exactly why court-ordered services exist, because the law lets a judge override a refusal the adult cannot competently make.
Wherefore Clause and the Signature Block
The closing line states the Petitioner requests the Court to authorize the implementation of the proposed protective services plan and for such other relief as may be equitable, followed by signature blocks for the County Department of Job and Family Services, the Attorney, and an agency representative signing By.
To answer it, type the county agency name, then have the agency attorney sign and provide Address, Phone Number (including area code), Registration No., and Email. The By block is signed by the agency representative with their Title, address, phone, and email.
For example, attorney Lisa Nguyen, Reg. No. 0078213, signs for the Franklin County Department of Job and Family Services, and caseworker supervisor Marcus Reed, APS Supervisor, signs the By block.
A nuance arises with the Registration No. line, which is the attorney’s Ohio Supreme Court attorney registration number, not a case or agency number. Confirm it through the attorney directory so it is current and active.
A common mistake is filing with a missing or wrong registration number. The consequence is rejection or a clerk’s notice to cure, since the court tracks the responsible attorney by that number.
Many filers think a caseworker alone can sign and file. In practice the petition is a legal pleading, so the agency attorney signs the Attorney block, and an unsigned or attorney-less petition will not be accepted in most courts.
Three Filled-Out Examples Using Real Scenarios
Below are three common fact patterns. Each follows one adult through the full petition so you can see how the paragraphs connect.
Scenario 1 — Edna Carter, 82, financial exploitation and neglect by a relative. Her nephew drained her accounts and stopped caring for her.
| Form Section | What the Agency Enters for Edna |
|---|---|
| Caption: County / In the Matter of | FRANKLIN County / EDNA M. CARTER, an Adult |
| Paragraph 1: Petitioner | Franklin County Department of Job and Family Services |
| Paragraph 2: Adult, residence, age, DOB | EDNA M. CARTER, 418 Maple Street, Columbus, OH 43215, 82, 04/09/1943 |
| Paragraph 3: Specific facts | Caseworker found her unbathed with no food; $14,000 withdrawn by nephew in 60 days; stage-2 pressure ulcers noted by physician on 05/12/2026 |
| Paragraph 4: Service plan | In-home aide 5 days/week, weekly nurse visits, Meals on Wheels, protective payee; home is least restrictive |
| Paragraph 5: Notice list | Edna Carter (Self); Robert Carter, Son |
| Paragraph 6: No consent | True — Edna refused; no guardian or valid POA |
| Signature | Attorney Lisa Nguyen, Reg. No. 0078213; By Marcus Reed, APS Supervisor |
Scenario 2 — Daniel Pruitt, 57, disabled adult in severe self-neglect. He lives alone, cannot manage his diabetes, and refuses all help.
| Form Section | What the Agency Enters for Daniel |
|---|---|
| Caption: County / In the Matter of | HAMILTON County / DANIEL R. PRUITT, an Adult |
| Paragraph 1: Petitioner | Hamilton County Department of Job and Family Services |
| Paragraph 2: Adult, residence, age, DOB | DANIEL R. PRUITT, 9 Birch Court, Cincinnati, OH 45202, 57, 11/22/1968 |
| Paragraph 3: Specific facts | Home hazardous with no working utilities; untreated wounds; blood sugar over 500 per EMS on 04/30/2026; refuses care due to cognitive impairment |
| Paragraph 4: Service plan | Emergency medical evaluation, in-home nursing, utility restoration, case management; facility only if home stabilization fails |
| Paragraph 5: Notice list | Daniel Pruitt (Self); Carol Pruitt, Sister, next of kin |
| Paragraph 6: No consent | True — cannot competently consent; no guardian, no POA |
| Signature | Attorney David Boyd, Reg. No. 0065441; By Tina Alvarez, APS Caseworker |
Scenario 3 — Margaret Hale, 90, neglect in a caregiver situation. Her live-in caregiver isolates her and withholds medication.
| Form Section | What the Agency Enters for Margaret |
|---|---|
| Caption: County / In the Matter of | CUYAHOGA County / MARGARET J. HALE, an Adult |
| Paragraph 1: Petitioner | Cuyahoga County Department of Job and Family Services |
| Paragraph 2: Adult, residence, age, DOB | MARGARET J. HALE, 77 Lake Ave., Cleveland, OH 44113, 90, 01/15/1936 |
| Paragraph 3: Specific facts | Caregiver blocked visits, pharmacy shows medications unfilled 90 days, weight loss documented, bruising consistent with rough handling on 05/05/2026 |
| Paragraph 4: Service plan | Replace caregiver with licensed agency aides, restore medication management, weekly nurse oversight, protective payee |
| Paragraph 5: Notice list | Margaret Hale (Self); James Hale, Son; caregiver listed in companion 23.6 if interference continues |
| Paragraph 6: No consent | True — incapacitated and unable to consent; no guardian |
| Signature | Attorney Priya Shah, Reg. No. 0081002; By Andre Wells, APS Supervisor |
How to File the Completed Form
File Form 23.0 in the probate court of the county where the adult lives. Counties handle intake differently, so confirm the channel with the clerk before you go.
- In person. Bring the signed original and copies to the probate court clerk, pay any fee at the counter, and ask the clerk to time-stamp your copy as proof of filing. This is the most reliable channel for urgent cases.
- By mail. Send the signed petition with a cover letter and the fee, plus a self-addressed stamped envelope so the clerk can return a stamped copy. Use tracked mail and keep the receipt as proof.
- By e-filing. Many courts, including Cuyahoga County Probate, accept electronic filing through a court portal; upload the signed PDF and pay online, then save the system confirmation as proof of filing.
- By fax. A few smaller courts allow fax filing under local rule; if yours does, keep the fax confirmation page, though this channel is the least common.
Filing fees vary by county and often run modest, and some courts waive fees for government agency petitions, so ask the clerk about the exact amount and accepted payment methods, which usually include cash, check, money order, or card online. Most important, once filed, the agency must arrange personal service of Form 23.1 notice on the adult and notice to the Paragraph 5 parties at least five working days before the hearing under R.C. 5101.66. Keep the return of service, because it proves the notice rule was met.
What Happens After You File
After filing, the clerk dockets the petition, assigns a case number, and the court sets a hearing date. The agency must complete service before that date, and the adult must be personally served because they cannot waive notice. Expect the timeline to revolve around that five-working-day service window rather than a fixed processing speed.
At the hearing, the judge or magistrate hears evidence on whether the adult is incapacitated, is a victim of abuse, neglect, or exploitation, and has not consented. The adult has the right to attend, to be represented by counsel, and to contest the petition. If the court finds the elements met, it issues an order authorizing the specific protective services described in Paragraph 4, and it must choose the least restrictive plan consistent with the adult’s needs.
The order is not permanent or unlimited. Under R.C. 5101.67, the adult may petition to modify or end the order at any time, and the court reviews services to ensure they remain necessary. If circumstances are an emergency that cannot wait for the standard five-day process, the agency uses Form 23.2 for emergency protective services under R.C. 5101.69 instead, which carries a faster 24-to-72-hour hearing window.
Mistakes to Avoid When Filling Out the Form
Form 23.0 is short, but each blank carries legal weight. These errors are the ones that most often delay or sink a petition.
- Filing in the wrong county. Venue follows the adult’s residence, and the wrong court means dismissal and a refile.
- Naming an individual caseworker as petitioner. Only the authorized agency has standing, so the petition can be challenged.
- Citing R.C. 5101.68 instead of 5101.65 in your thinking. The header reference confuses filers into using the wrong remedy and the wrong form.
- Writing conclusions in Paragraph 3. Vague labels like neglect without facts give the judge a reason to deny the petition.
- Skipping the least restrictive analysis in Paragraph 4. Asking for placement without ruling out home services invites a denial.
- Leaving someone off the Paragraph 5 notice list. Missing notice is defective service, and the hearing gets continued.
- Using a stale or wrong address for the adult. Personal service fails, and protection for the adult is delayed.
- Treating the adult’s refusal as a dead end. An incapacitated adult cannot validly refuse, which is the whole point of the petition.
- Filing 23.0 when the adult consented. A consenting adult with an interfering third party needs Form 23.6, not 23.0.
- Omitting the attorney registration number. The clerk will reject the filing or issue a notice to cure.
- Using an outdated form version. Courts reject pre-May 2021 versions, so confirm the revision date in the footer.
- Not keeping proof of filing and service. Without time-stamps and a return of service, you cannot show the court the rules were met.
Do’s and Don’ts
Do:
- Do confirm the adult’s legal residence first, because venue and notice both depend on it.
- Do write dated, firsthand facts in Paragraph 3, since specifics persuade judges and conclusions do not.
- Do name the least restrictive plan in Paragraph 4, because the court can only order what keeps the adult home if possible.
- Do list every required person for notice, so service is valid and the hearing proceeds.
- Do have the agency attorney sign with a current registration number, since the petition is a legal pleading.
- Do keep time-stamped proof of filing and the return of service, because you must show the five-day rule was met.
Don’t:
- Don’t let the adult waive notice, because the statute forbids it and the order can be voided.
- Don’t file the wrong form for a consenting adult, since that wastes days the adult may not have.
- Don’t guess at the case number, because the clerk assigns it and a guess creates a mismatched record.
- Don’t paraphrase the form’s field labels, since courts expect the exact printed language.
- Don’t request institutional placement reflexively, because courts disfavor removal when supports could work.
- Don’t file an outdated version, since the form says to discard all previous versions.
Pros and Cons of Filing With the Agency Attorney vs. a Caseworker-Only Draft
This petition is a CDJFS filing, so the practical choice is whether the agency attorney drafts and reviews it or a caseworker prepares it alone for signature.
Pros of attorney-led filing:
- Stronger Paragraph 3 facts, because counsel knows what proof a judge needs to find abuse, neglect, or exploitation.
- Correct statute and remedy, since an attorney avoids the 5101.65 versus 5101.68 trap built into the header.
- Valid service and notice, because counsel tracks the five-working-day rule and the no-waiver rule.
- Smoother hearing, since the attorney presents evidence and responds to the adult’s counsel.
- Fewer rejections, because the registration number and signature blocks are completed correctly.
Cons of attorney-led filing:
- Slower in a true crisis, because routing through legal review takes time the adult may not have, which pushes some cases to the Form 23.2 emergency track.
- Higher internal cost, since attorney time is more expensive than caseworker time.
- Less field detail at first draft, because the attorney depends on the caseworker’s investigation notes.
- Scheduling friction, since coordinating attorney sign-off can clash with fast-moving facts.
- Risk of over-lawyering, where a simple plan gets delayed by extra review when speed matters most.
Form 23.0 vs. Form 23.2: Standard vs. Emergency
Filers often confuse these two protective-services petitions. The table below shows how they differ.
| Form 23.0 — Standard Petition | Form 23.2 — Emergency Petition |
|---|---|
| Authorized by R.C. 5101.65 | Authorized by R.C. 5101.69 |
| Used when there is no immediate emergency | Used when the adult faces immediate risk of harm |
| Personal service at least 5 working days before hearing | Hearing held no sooner than 24 hours, no later than 72 hours after notice |
| Adult may not waive notice | The 24-hour notice may be waived on a statutory showing |
| Pairs with Form 23.1 for notice | Pairs with Form 23.3 for notice |
The Protective-Services Form Family
Form 23.0 does not stand alone; it works with a series of related standard probate forms, each tied to its own statute. Knowing how they connect keeps the agency from filing the wrong document.
- Form 23.1 — Notice of Petition for Court Ordered Protective Services under R.C. 5101.66 gives the adult and listed parties the required notice for a 23.0 petition.
- Form 23.2 — Petition for Emergency Protective Services under R.C. 5101.69 is the emergency counterpart to 23.0.
- Form 23.3 — Notice on an Emergency Basis under R.C. 5101.69 provides the faster notice for emergency petitions.
- Form 23.4 — Petition for TRO to Prevent Interference with Investigation under R.C. 5101.63 is used when someone blocks the APS investigation itself.
- Form 23.6 — Petition for TRO to Prevent Interference with Services under R.C. 5101.68 fits when the adult consents but a third party interferes.
- Form 23.7 — Notice of Hearing on the 23.6 TRO under R.C. 5101.68 notifies the interfering person.
The key agencies and bodies in this process are the county department of job and family services that investigates and petitions, the Ohio Department of Job and Family Services that oversees the APS program statewide, and the local probate court that hears the petition and issues the order. Each plays a distinct role: the county investigates and files, the state sets policy and rules, and the court decides.
FAQs
Who is allowed to file Form 23.0?
No ordinary citizen may file it; only an authorized adult-protective-services provider, almost always the county department of job and family services, may petition under R.C. 5101.65.
Can a family member use Form 23.0 to take control of a parent’s care?
No. Family members seeking decision-making authority must pursue guardianship under R.C. Chapter 2111, while Form 23.0 is an agency tool for court-ordered protective services.
Does the adult have to be served personally?
Yes. Under R.C. 5101.66 the adult must be personally served at least five working days before the hearing, and the adult cannot waive that notice.
Can the adult refuse the services and stop the petition?
No. An incapacitated adult cannot validly refuse, and the entire purpose of the petition is to let a court authorize services over that refusal.
What date format should I use in Paragraph 2 for the date of birth?
Yes, use MM/DD/YYYY, such as 04/09/1943, and make sure the age you list matches that birth date to avoid credibility problems.
Do I write conclusions or facts in Paragraph 3?
No conclusions; write dated, specific, firsthand facts about what happened, because vague labels like neglect without detail can lead a judge to deny the petition.
Should I list the alleged abuser in the Paragraph 5 notice list?
Yes, if they are the spouse, adult child, or next of kin entitled to notice; list them with their relationship, and use a companion TRO form if they interfere.
What goes on the Registration No. line in the signature block?
Yes, that is the agency attorney’s Ohio Supreme Court attorney registration number, not a case number, and it must be current and active.
Is there a filing fee for Form 23.0?
Yes, fees vary by county, though some courts waive them for government agency filings, so confirm the exact amount and payment methods with the local clerk.
Can I file Form 23.0 by e-filing?
Yes, many county probate courts accept electronic filing through their portals; upload the signed PDF, pay online, and save the confirmation as proof of filing.
What if the situation is a life-threatening emergency?
No, do not use Form 23.0; use Form 23.2 for emergency protective services under R.C. 5101.69, which carries a faster 24-to-72-hour hearing window.
Which version of Form 23.0 is current?
Yes, the version amended May 1, 2021 is current; the form instructs filers to discard all previous versions, so confirm the revision date in the footer before filing.
Can the order be changed after the court grants it?
Yes. Under R.C. 5101.67 the adult may petition to modify or terminate the order at any time, and the court reviews whether the services remain necessary.
Do I need to leave the Case No. blank when I file?
Yes, leave the case number blank at filing; the clerk assigns it when the petition is docketed, and writing a guessed number creates a mismatched record.
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