Kentucky Statutes 387.540 – Interdisciplinary evaluation report
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(1) Prior to a hearing on a petition for a determination of partial disability or disability and the appointment of a limited guardian, guardian, limited conservator, or conservator, an interdisciplinary evaluation report shall be filed with the court. The report may be filed as a single and joint report of the interdisciplinary evaluation team, or it may otherwise be constituted by the separate reports filed by each individual of the team. If the court and all parties to the proceeding and their attorneys agree to the admissibility of the report or reports, the report or reports shall be admitted into evidence and shall be considered by the court or the jury if one is impaneled. The report shall be compiled by at least three (3) individuals, including a physician, an advanced practice registered nurse, or a physician assistant, a psychologist licensed or certified under the provisions of KRS Chapter
319, and a person licensed or certified as a social worker or an employee of the
Cabinet for Health and Family Services who meets the qualifications of KRS
335.080(1)(a), (b), and (c) or 335.090(1)(a), (b), and (c). The social worker shall, when possible, be chosen from among employees of the Cabinet for Health and Family Services residing or working in the area, and there shall be no additional compensation for their service on the interdisciplinary evaluation team.
(2) At least one (1) person participating in the compilation of the report shall have knowledge of the particular disability which the respondent is alleged to have or knowledge of the skills required of the respondent to care for himself and his estate.
(3) If the respondent is alleged to be partially disabled or disabled due to mental illness, at least one (1) person participating in the compilation of the interdisciplinary evaluation report shall be a qualified mental health professional as defined in KRS
202A.011(12). If the respondent is alleged to be partially disabled or disabled due to an intellectual disability, at least one (1) person participating in the compilation of the evaluation report shall be a qualified professional in the area of intellectual disabilities as defined in KRS § 202B.010(12).
(4) The interdisciplinary evaluation report shall contain:
(a) A description of the nature and extent of the respondent’s disabilities, if any; (b) Current evaluations of the respondent’s social, intellectual, physical, and
educational condition, adaptive behavior, and social skills. Such evaluations
may be based on prior evaluations not more than three (3) months old, except that evaluations of the respondent’s intellectual condition may be based on individual intelligence test scores not more than one (1) year old;
(c) An opinion as to whether guardianship or conservatorship is needed, the type of guardianship or conservatorship needed, if any, and the reasons therefor;
(d) An opinion as to the length of time guardianship or conservatorship will be needed by the respondent, if at all, and the reasons therefor;
(e) If limited guardianship or conservatorship is recommended, a further recommendation as to the scope of the guardianship or conservatorship, specifying particularly the rights to be limited and the corresponding powers and duties of the limited guardian or limited conservator;
(f) A description of the social, educational, medical, and rehabilitative services currently being utilized by the respondent, if any;
(g) A determination whether alternatives to guardianship or conservatorship are available;
(h) A recommendation as to the most appropriate treatment or rehabilitation plan and living arrangement for the respondent and the reasons therefor;
(i) A listing of all medications the respondent is receiving, the dosage, and a description of the impact of the medication upon the respondent’s mental and physical condition and behavior;
(j) An opinion whether attending a hearing on a petition filed under KRS § 387.530 would subject the respondent to serious risk of harm;
(k) The names and addresses of all individuals who examined or interviewed the respondent or otherwise participated in the evaluation; and
(l) Any dissenting opinions or other comments by the evaluators.
(5) The evaluation report may be compiled by a community center for mental health or individuals with an intellectual disability, a licensed facility for mentally ill or developmentally disabled persons, if the respondent is a resident of such facility, or a similar agency.
(6) In all cases where the respondent is a resident of a licensed facility for mentally ill or developmentally disabled persons and the petition is filed by an employee of that facility, the petition shall be accompanied by an interdisciplinary evaluation report prepared by the facility.
(7) Except as provided in subsection (6) of this section, the court shall order appropriate evaluations to be performed by qualified persons or a qualified agency. The report shall be prepared and filed with the court and copies mailed to the attorneys for both parties at least ten (10) days prior to the hearing. All items specified in subsection (4) of this section shall be included in the report.
(8) If the person evaluated is a poor person as defined in KRS § 453.190, the examiners shall be paid by the county in which the petition is filed upon an order of allowance entered by the court. Payment shall be in an amount which is reasonable as determined by the court, except no payment shall be required of the county for an evaluation performed by a salaried employee of a state agency for an evaluation performed within the course of his employment. Additionally, no payment shall be required of the county for an evaluation performed by a salaried employee of a community center for mental health or individuals with an intellectual disability or private facility or agency where the costs incurred by the center, facility, or agency are reimbursable through third-party payors. Affidavits or other competent evidence shall be admissible to prove the services rendered but not to prove their value.
(9) The respondent may file a response to the evaluation report no later than five (5)
days prior to the hearing.
(10) The respondent may secure an independent evaluation. If the respondent is unable to pay for the evaluation, compensation for the independent evaluation may be paid by the county in an amount which is reasonable as determined by the court.
Effective: July 14, 2018
History: Amended 2018 Ky. Acts ch. 13, sec. 3, effective July 14, 2018. — Amended
2016 Ky. Acts ch. 87, sec. 6, effective July 15, 2016. — Amended 2012 Ky. Acts ch.
146, sec. 114, effective July 12, 2012. — Amended 2010 Ky. Acts ch. 141, sec. 28, effective July 15, 2010. — Amended 2005 Ky. Acts ch. 99, sec. 618, effective June
20, 2005. — Amended 1998 Ky. Acts ch. 426, sec. 574, effective July 15, 1998. —
Amended 1994 Ky. Acts ch. 498, sec. 19, effective July 15, 1994. “” Amended
1992 Ky. Acts ch. 425, sec. 4, effective July 14, 1992. — Amended 1990 Ky. Acts ch.
147, sec. 35, effective July 13, 1990. — Amended 1984 Ky. Acts ch. 18, sec. 1, effective July 13, 1984; ch. 111, sec. 155, effective July 13, 1984; and ch. 395, sec.
1, effective July 13, 1984. — Created 1982 Ky. Acts ch. 141, sec. 5, effective July 1,
1982.
319, and a person licensed or certified as a social worker or an employee of the
Terms Used In Kentucky Statutes 387.540
- 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.
- 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.
- State: when applied to a part of the United States, includes territories, outlying possessions, and the District of Columbia. See Kentucky Statutes 446.010
- Treatment: when used in a criminal justice context, means targeted interventions
that focus on criminal risk factors in order to reduce the likelihood of criminal behavior. See Kentucky Statutes 446.010 - Year: means calendar year. See Kentucky Statutes 446.010
Cabinet for Health and Family Services who meets the qualifications of KRS
335.080(1)(a), (b), and (c) or 335.090(1)(a), (b), and (c). The social worker shall, when possible, be chosen from among employees of the Cabinet for Health and Family Services residing or working in the area, and there shall be no additional compensation for their service on the interdisciplinary evaluation team.
(2) At least one (1) person participating in the compilation of the report shall have knowledge of the particular disability which the respondent is alleged to have or knowledge of the skills required of the respondent to care for himself and his estate.
(3) If the respondent is alleged to be partially disabled or disabled due to mental illness, at least one (1) person participating in the compilation of the interdisciplinary evaluation report shall be a qualified mental health professional as defined in KRS
202A.011(12). If the respondent is alleged to be partially disabled or disabled due to an intellectual disability, at least one (1) person participating in the compilation of the evaluation report shall be a qualified professional in the area of intellectual disabilities as defined in KRS § 202B.010(12).
(4) The interdisciplinary evaluation report shall contain:
(a) A description of the nature and extent of the respondent’s disabilities, if any; (b) Current evaluations of the respondent’s social, intellectual, physical, and
educational condition, adaptive behavior, and social skills. Such evaluations
may be based on prior evaluations not more than three (3) months old, except that evaluations of the respondent’s intellectual condition may be based on individual intelligence test scores not more than one (1) year old;
(c) An opinion as to whether guardianship or conservatorship is needed, the type of guardianship or conservatorship needed, if any, and the reasons therefor;
(d) An opinion as to the length of time guardianship or conservatorship will be needed by the respondent, if at all, and the reasons therefor;
(e) If limited guardianship or conservatorship is recommended, a further recommendation as to the scope of the guardianship or conservatorship, specifying particularly the rights to be limited and the corresponding powers and duties of the limited guardian or limited conservator;
(f) A description of the social, educational, medical, and rehabilitative services currently being utilized by the respondent, if any;
(g) A determination whether alternatives to guardianship or conservatorship are available;
(h) A recommendation as to the most appropriate treatment or rehabilitation plan and living arrangement for the respondent and the reasons therefor;
(i) A listing of all medications the respondent is receiving, the dosage, and a description of the impact of the medication upon the respondent’s mental and physical condition and behavior;
(j) An opinion whether attending a hearing on a petition filed under KRS § 387.530 would subject the respondent to serious risk of harm;
(k) The names and addresses of all individuals who examined or interviewed the respondent or otherwise participated in the evaluation; and
(l) Any dissenting opinions or other comments by the evaluators.
(5) The evaluation report may be compiled by a community center for mental health or individuals with an intellectual disability, a licensed facility for mentally ill or developmentally disabled persons, if the respondent is a resident of such facility, or a similar agency.
(6) In all cases where the respondent is a resident of a licensed facility for mentally ill or developmentally disabled persons and the petition is filed by an employee of that facility, the petition shall be accompanied by an interdisciplinary evaluation report prepared by the facility.
(7) Except as provided in subsection (6) of this section, the court shall order appropriate evaluations to be performed by qualified persons or a qualified agency. The report shall be prepared and filed with the court and copies mailed to the attorneys for both parties at least ten (10) days prior to the hearing. All items specified in subsection (4) of this section shall be included in the report.
(8) If the person evaluated is a poor person as defined in KRS § 453.190, the examiners shall be paid by the county in which the petition is filed upon an order of allowance entered by the court. Payment shall be in an amount which is reasonable as determined by the court, except no payment shall be required of the county for an evaluation performed by a salaried employee of a state agency for an evaluation performed within the course of his employment. Additionally, no payment shall be required of the county for an evaluation performed by a salaried employee of a community center for mental health or individuals with an intellectual disability or private facility or agency where the costs incurred by the center, facility, or agency are reimbursable through third-party payors. Affidavits or other competent evidence shall be admissible to prove the services rendered but not to prove their value.
(9) The respondent may file a response to the evaluation report no later than five (5)
days prior to the hearing.
(10) The respondent may secure an independent evaluation. If the respondent is unable to pay for the evaluation, compensation for the independent evaluation may be paid by the county in an amount which is reasonable as determined by the court.
Effective: July 14, 2018
History: Amended 2018 Ky. Acts ch. 13, sec. 3, effective July 14, 2018. — Amended
2016 Ky. Acts ch. 87, sec. 6, effective July 15, 2016. — Amended 2012 Ky. Acts ch.
146, sec. 114, effective July 12, 2012. — Amended 2010 Ky. Acts ch. 141, sec. 28, effective July 15, 2010. — Amended 2005 Ky. Acts ch. 99, sec. 618, effective June
20, 2005. — Amended 1998 Ky. Acts ch. 426, sec. 574, effective July 15, 1998. —
Amended 1994 Ky. Acts ch. 498, sec. 19, effective July 15, 1994. “” Amended
1992 Ky. Acts ch. 425, sec. 4, effective July 14, 1992. — Amended 1990 Ky. Acts ch.
147, sec. 35, effective July 13, 1990. — Amended 1984 Ky. Acts ch. 18, sec. 1, effective July 13, 1984; ch. 111, sec. 155, effective July 13, 1984; and ch. 395, sec.
1, effective July 13, 1984. — Created 1982 Ky. Acts ch. 141, sec. 5, effective July 1,
1982.