Kentucky Statutes 209.100 – Emergency protective services
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(1) If an adult lacks the capacity to consent to receive protective services in an emergency, these services may be ordered by a court on an emergency basis through an order pursuant to KRS § 209.110, provided that:
(a) The adult is in a state of abuse or neglect and an emergency exists; (b) The adult is in need of protective services;
(c) The adult lacks the capacity to consent and refuses to consent to such services;
and
(d) No person authorized by law or court order to give consent for the adult is available to consent to emergency protective services or such person refuses to give consent.
(2) In ordering emergency protective services, the court shall authorize only that intervention which it finds to be the least restrictive of the individual’s liberty and rights while consistent with his welfare and safety.
Effective: July 15, 1998
History: Amended 1998 Ky. Acts ch. 370, sec. 3, effective July 15, 1998. — Created
1980 Ky. Acts ch. 372, sec. 5, effective July 15, 1980.
(a) The adult is in a state of abuse or neglect and an emergency exists; (b) The adult is in need of protective services;
Terms Used In Kentucky Statutes 209.100
- Abuse: means the infliction of injury, sexual abuse, unreasonable confinement, intimidation, or punishment that results in physical pain or injury, including mental injury. See Kentucky Statutes 209.020
- Adult: means a person eighteen (18) years of age or older who, because of mental or physical dysfunctioning, is unable to manage his or her own resources, carry out the activity of daily living, or protect himself or herself from neglect, exploitation, or a hazardous or abusive situation without assistance from others, and who may be in need of protective services. See Kentucky Statutes 209.020
- Court: means the Circuit Court or the District Court if no judge of that Circuit
Court is present in the county. See Kentucky Statutes 209.020 - Emergency: means that an adult is living in conditions which present a substantial risk of death or immediate and serious physical harm to himself or herself or others. See Kentucky Statutes 209.020
- Neglect: means a situation in which an adult is unable to perform or obtain for himself or herself the goods or services that are necessary to maintain his or her health or welfare, or the deprivation of services by a caretaker that are necessary to maintain the health and welfare of an adult. See Kentucky Statutes 209.020
- Protective services: means agency services undertaken with or on behalf of an adult in need of protective services who is being abused, neglected, or exploited. See Kentucky Statutes 209.020
- State: when applied to a part of the United States, includes territories, outlying possessions, and the District of Columbia. See Kentucky Statutes 446.010
(c) The adult lacks the capacity to consent and refuses to consent to such services;
and
(d) No person authorized by law or court order to give consent for the adult is available to consent to emergency protective services or such person refuses to give consent.
(2) In ordering emergency protective services, the court shall authorize only that intervention which it finds to be the least restrictive of the individual’s liberty and rights while consistent with his welfare and safety.
Effective: July 15, 1998
History: Amended 1998 Ky. Acts ch. 370, sec. 3, effective July 15, 1998. — Created
1980 Ky. Acts ch. 372, sec. 5, effective July 15, 1980.