Kentucky Statutes 222.434 – Seventy-two-hour emergency involuntary treatment
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(1) Following an examination by a qualified health professional and a certification by that professional that the person meets the criteria specified in KRS § 222.431, the court may order the person hospitalized for a period not to exceed seventy-two (72) hours if the court finds, by clear and convincing evidence, that the respondent presents an imminent threat of danger to self, family, or others as a result of a substance use disorder.
(2) Any person who has been admitted to a hospital under subsection (1) of this section shall be released from the hospital within seventy-two (72) hours of admittance.
(3) No respondent ordered hospitalized under this section shall be held in jail pending transportation to the hospital or evaluation unless the court has previously found the respondent to be in contempt of court for either failure to undergo treatment or failure to appear at the evaluation ordered pursuant to KRS § 222.433.
Effective: June 27, 2019
History: Amended 2019 Ky. Acts ch. 128, sec. 21, effective June 27, 2019. — Created
2004 Ky. Acts ch. 116, sec. 5, effective July 13, 2004.
(2) Any person who has been admitted to a hospital under subsection (1) of this section shall be released from the hospital within seventy-two (72) hours of admittance.
Terms Used In Kentucky Statutes 222.434
- 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.
- Hospital: means an establishment with organized medical staff and permanent facilities with inpatient beds which provide medical services, including physician services and continuous nursing services for the diagnosis and treatment of patients who have a variety of medical conditions, both surgical and nonsurgical. See Kentucky Statutes 222.005
- 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
(3) No respondent ordered hospitalized under this section shall be held in jail pending transportation to the hospital or evaluation unless the court has previously found the respondent to be in contempt of court for either failure to undergo treatment or failure to appear at the evaluation ordered pursuant to KRS § 222.433.
Effective: June 27, 2019
History: Amended 2019 Ky. Acts ch. 128, sec. 21, effective June 27, 2019. — Created
2004 Ky. Acts ch. 116, sec. 5, effective July 13, 2004.