Kentucky Statutes 222.433 – Proceedings for ordering treatment — Duties of court — Disposition
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(1) Upon receipt of the petition, the court shall examine the petitioner under oath as to the contents of the petition.
(2) If, after reviewing the allegations contained in the petition and examining the petitioner under oath, it appears to the court that there is probable cause to believe the respondent should be ordered to undergo treatment, then the court shall:
(a) Set a date for a hearing within fourteen (14) days to determine if the respondent should be ordered to undergo treatment for a substance use disorder;
(b) Notify the respondent, the legal guardian, if any and if known, and the spouse, parents, or nearest relative or friend of the respondent concerning the allegations and contents of the petition and the date and purpose of the hearing; and the name, address, and telephone number of the attorney appointed to represent the respondent; and
(c) Cause the respondent to be examined no later than twenty-four (24) hours before the hearing date by two (2) qualified health professionals, at least one (1) of whom is a physician. The qualified health professionals:
1. Shall certify their findings to the court within twenty-four (24) hours of the examinations;
2. May be subject to subpoena for cross-examination at the hearing, either in person, by telephone, or by videoconference; and
3. May conduct the examination required by this paragraph via telehealth as defined in KRS § 211.332.
(3) If, upon completion of the hearing, the court finds by proof beyond a reasonable doubt that the respondent should be ordered to undergo treatment, then the court shall order such treatment for a period not to exceed sixty (60) consecutive days from the date of the court order or a period not to exceed three hundred sixty (360) consecutive days from the date of the court order, whatever was the period of time that was requested in the petition or otherwise agreed to at the hearing. Failure of a respondent to undergo treatment ordered pursuant to this subsection may place the respondent in contempt of court.
(4) If, at any time after the petition is filed, the court finds that there is no probable cause to continue treatment or if the petitioner withdraws the petition, then the proceedings against the respondent shall be dismissed.
Effective: June 29, 2023
History: Amended 2023 Ky. Acts ch. 181, sec. 2, effective June 29, 2023. — Amended
2022 Ky. Acts ch. 81, sec. 1, effective April 4, 2022. — Amended 2019 Ky. Acts ch.
128, sec. 20, effective June 27, 2019. — Created 2004 Ky. Acts ch. 116, sec. 4, effective July 13, 2004.
(2) If, after reviewing the allegations contained in the petition and examining the petitioner under oath, it appears to the court that there is probable cause to believe the respondent should be ordered to undergo treatment, then the court shall:
Terms Used In Kentucky Statutes 222.433
- Attorney: means attorney-at-law. See Kentucky Statutes 446.010
- 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.
- Oath: A promise to tell the truth.
- Probable cause: A reasonable ground for belief that the offender violated a specific law.
- Subpoena: A command to a witness to appear and give testimony.
- 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
(a) Set a date for a hearing within fourteen (14) days to determine if the respondent should be ordered to undergo treatment for a substance use disorder;
(b) Notify the respondent, the legal guardian, if any and if known, and the spouse, parents, or nearest relative or friend of the respondent concerning the allegations and contents of the petition and the date and purpose of the hearing; and the name, address, and telephone number of the attorney appointed to represent the respondent; and
(c) Cause the respondent to be examined no later than twenty-four (24) hours before the hearing date by two (2) qualified health professionals, at least one (1) of whom is a physician. The qualified health professionals:
1. Shall certify their findings to the court within twenty-four (24) hours of the examinations;
2. May be subject to subpoena for cross-examination at the hearing, either in person, by telephone, or by videoconference; and
3. May conduct the examination required by this paragraph via telehealth as defined in KRS § 211.332.
(3) If, upon completion of the hearing, the court finds by proof beyond a reasonable doubt that the respondent should be ordered to undergo treatment, then the court shall order such treatment for a period not to exceed sixty (60) consecutive days from the date of the court order or a period not to exceed three hundred sixty (360) consecutive days from the date of the court order, whatever was the period of time that was requested in the petition or otherwise agreed to at the hearing. Failure of a respondent to undergo treatment ordered pursuant to this subsection may place the respondent in contempt of court.
(4) If, at any time after the petition is filed, the court finds that there is no probable cause to continue treatment or if the petitioner withdraws the petition, then the proceedings against the respondent shall be dismissed.
Effective: June 29, 2023
History: Amended 2023 Ky. Acts ch. 181, sec. 2, effective June 29, 2023. — Amended
2022 Ky. Acts ch. 81, sec. 1, effective April 4, 2022. — Amended 2019 Ky. Acts ch.
128, sec. 20, effective June 27, 2019. — Created 2004 Ky. Acts ch. 116, sec. 4, effective July 13, 2004.