Kentucky Statutes 645.090 – Criteria for hospitalization
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The burden of proof at the certification and recertification hearings under this chapter shall be on the petitioner to show, by clear and convincing evidence, that:
(1) The child is mentally ill or has symptoms of mental illness; (2) The child is dangerous to himself or others;
(3) The child can benefit from treatment available only at a hospital; and
(4) No less restrictive alternative is available which will be effective in treating the child.
Effective: July 1, 1987
History: Created 1986 Ky. Acts ch. 423, sec. 154, effective July 1, 1987.
(1) The child is mentally ill or has symptoms of mental illness; (2) The child is dangerous to himself or others;
Terms Used In Kentucky Statutes 645.090
- 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.
- 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
(3) The child can benefit from treatment available only at a hospital; and
(4) No less restrictive alternative is available which will be effective in treating the child.
Effective: July 1, 1987
History: Created 1986 Ky. Acts ch. 423, sec. 154, effective July 1, 1987.