Kentucky Statutes 222.432 – Petition for 60-day and 360-day involuntary treatment — Contents — Guarantee for costs
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(1) Proceedings for sixty (60) days or three hundred sixty (360) days of treatment for an individual suffering from substance use disorder shall be initiated by the filing of a verified petition in District Court.
(2) The petition and all subsequent court documents shall be entitled: “In the interest of
(name of respondent).”
(3) The petition shall be filed by a spouse, relative, friend, or guardian of the individual concerning whom the petition is filed.
(4) The petition shall set forth:
(a) Petitioner’s relationship to the respondent;
(b) Respondent’s name, residence, and current location, if known;
(c) The name and residence of respondent’s parents, if living and if known, or respondent’s legal guardian, if any and if known;
(d) The name and residence of respondent’s husband or wife, if any and if known; (e) The name and residence of the person having custody of the respondent, if
any, or if no such person is known, the name and residence of a near relative
or that the person is unknown; and
(f) Petitioner’s belief, including the factual basis therefor, that the respondent is suffering from an alcohol and other drug abuse disorder and presents a danger or threat of danger to self, family, or others if not treated for substance use disorder.
Any petition filed pursuant to this subsection shall be accompanied by a guarantee, signed by the petitioner or other person authorized under subsection (3) of this section, obligating that person to pay all costs for treatment of the respondent for substance use disorder that is ordered by the court.
Effective: June 27, 2019
History: Amended 2019 Ky. Acts ch. 128, sec. 19, effective June 27, 2019. — Created
2004 Ky. Acts ch. 116, sec. 3, effective July 13, 2004.
(2) The petition and all subsequent court documents shall be entitled: “In the interest of
Terms Used In Kentucky Statutes 222.432
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Substance use disorder: means a cluster of cognitive, behavioral, and physiological symptoms indicating that the individual continues using the substance despite significant substance-related problems. See Kentucky Statutes 222.005
- Treatment: includes those services provided by the cabinet in KRS §. See Kentucky Statutes 222.005
(name of respondent).”
(3) The petition shall be filed by a spouse, relative, friend, or guardian of the individual concerning whom the petition is filed.
(4) The petition shall set forth:
(a) Petitioner’s relationship to the respondent;
(b) Respondent’s name, residence, and current location, if known;
(c) The name and residence of respondent’s parents, if living and if known, or respondent’s legal guardian, if any and if known;
(d) The name and residence of respondent’s husband or wife, if any and if known; (e) The name and residence of the person having custody of the respondent, if
any, or if no such person is known, the name and residence of a near relative
or that the person is unknown; and
(f) Petitioner’s belief, including the factual basis therefor, that the respondent is suffering from an alcohol and other drug abuse disorder and presents a danger or threat of danger to self, family, or others if not treated for substance use disorder.
Any petition filed pursuant to this subsection shall be accompanied by a guarantee, signed by the petitioner or other person authorized under subsection (3) of this section, obligating that person to pay all costs for treatment of the respondent for substance use disorder that is ordered by the court.
Effective: June 27, 2019
History: Amended 2019 Ky. Acts ch. 128, sec. 19, effective June 27, 2019. — Created
2004 Ky. Acts ch. 116, sec. 3, effective July 13, 2004.