Kentucky Statutes 209.120 – Findings by court — Limitations of court’s power — Termination of order
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(1) Upon petition by the cabinet a court may issue an order authorizing the provision of emergency protective services to an adult after a hearing and upon a finding based on a preponderance of the evidence that:
(a) The adult is in a state of abuse, neglect, or exploitation and is living in conditions which present a substantial risk of death or immediate and serious physical harm to himself or others;
(b) The adult is in need of protective services;
(c) The adult lacks the capacity 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 protective services or such person refuses to give consent.
(2) In issuing an emergency order the court shall adhere to the following limitations:
(a) Only such protective services, including medical and surgical care and protective placement, as are necessary to remove the conditions creating the emergency shall be covered, and the court shall specifically designate the approved services in its order. Such designation of approved services shall be deemed to be the consent of the court authorizing the provision of such services.
(b) Protective services authorized by the court shall not include hospitalization or protective placement unless the court specifically finds such action is necessary and gives specific approval for such action in its order.
(c) The issuance of an emergency order shall not deprive the adult of any rights except to the extent validly provided for in the order.
(d) To implement an order, the court may authorize forcible entry of the premises of the adult for the purpose of rendering protective services or transporting the adult to another location for the provision of such services. Authorized forcible entry shall be accomplished by a peace officer accompanied by a representative of the cabinet.
(3) If the court finds, pursuant to a hearing, that the adult is in need of protective services, and should that adult have a guardian who has been derelict in providing for the welfare of the adult, the court shall have the discretion to remove the guardian and appoint another guardian, if an individual is available, willing, and able to function as guardian; such removal and appointment shall be in compliance with the provisions of KRS Chapter 387. It is not necessary for the court to find a guardian has been derelict as a requirement for the issuance of an order for protective services.
(4) If the court finds that protective services are no longer needed by the adult, the court shall order the emergency protective services to terminate.
Effective: July 15, 1998
History: Amended 1998 Ky. Acts ch. 370, sec. 4, effective July 15, 1998. — Amended
1982 Ky. Acts ch. 141, sec. 67, effective July 1, 1982. — Created 1980 Ky. Acts ch.
372, sec. 7, effective July 15, 1980.
Legislative Research Commission Note (11/9/93). Prior references to the “department” in this statute were changed to “cabinet” pursuant to 1982 Ky. Acts ch. 393, sec.
50(5), and KRS § 7.136(2).
(a) The adult is in a state of abuse, neglect, or exploitation and is living in conditions which present a substantial risk of death or immediate and serious physical harm to himself or others;
Terms Used In Kentucky Statutes 209.120
- 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
- Action: includes all proceedings in any court of this state. See Kentucky Statutes 446.010
- 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
- Cabinet: means the Cabinet for Health and Family 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
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Exploitation: means obtaining or using another person's resources, including but not limited to funds, assets, or property, by deception, intimidation, or similar means, with the intent to deprive the person of those resources. See Kentucky Statutes 209.020
- 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.
- 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 placement: means the transfer of an adult from his or her present living arrangement to another. 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
- Statute: A law passed by a legislature.
(b) The adult is in need of protective services;
(c) The adult lacks the capacity 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 protective services or such person refuses to give consent.
(2) In issuing an emergency order the court shall adhere to the following limitations:
(a) Only such protective services, including medical and surgical care and protective placement, as are necessary to remove the conditions creating the emergency shall be covered, and the court shall specifically designate the approved services in its order. Such designation of approved services shall be deemed to be the consent of the court authorizing the provision of such services.
(b) Protective services authorized by the court shall not include hospitalization or protective placement unless the court specifically finds such action is necessary and gives specific approval for such action in its order.
(c) The issuance of an emergency order shall not deprive the adult of any rights except to the extent validly provided for in the order.
(d) To implement an order, the court may authorize forcible entry of the premises of the adult for the purpose of rendering protective services or transporting the adult to another location for the provision of such services. Authorized forcible entry shall be accomplished by a peace officer accompanied by a representative of the cabinet.
(3) If the court finds, pursuant to a hearing, that the adult is in need of protective services, and should that adult have a guardian who has been derelict in providing for the welfare of the adult, the court shall have the discretion to remove the guardian and appoint another guardian, if an individual is available, willing, and able to function as guardian; such removal and appointment shall be in compliance with the provisions of KRS Chapter 387. It is not necessary for the court to find a guardian has been derelict as a requirement for the issuance of an order for protective services.
(4) If the court finds that protective services are no longer needed by the adult, the court shall order the emergency protective services to terminate.
Effective: July 15, 1998
History: Amended 1998 Ky. Acts ch. 370, sec. 4, effective July 15, 1998. — Amended
1982 Ky. Acts ch. 141, sec. 67, effective July 1, 1982. — Created 1980 Ky. Acts ch.
372, sec. 7, effective July 15, 1980.
Legislative Research Commission Note (11/9/93). Prior references to the “department” in this statute were changed to “cabinet” pursuant to 1982 Ky. Acts ch. 393, sec.
50(5), and KRS § 7.136(2).