Kentucky Statutes 202A.0811 – Petition for hearing regarding court-ordered assisted outpatient treatment
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(1) Proceedings for court-ordered assisted outpatient treatment of a person shall be initiated by the filing of a verified petition for that purpose in District Court.
(2) The petition and all subsequent court documents shall be entitled: “In the interest of
(name of respondent).”
(3) The petition shall be filed by a qualified mental health professional; peace officer; county attorney; Commonwealth’s attorney; spouse, relative, friend, or guardian of the person concerning whom the petition is filed; or any other interested person.
(4) The petition shall set forth:
(a) Petitioner‘s relationship to the respondent;
(b) Respondent’s name, residence, and current location, if known;
(c) Petitioner’s belief, including the factual basis therefor, that the respondent meets the criteria for court-ordered assisted outpatient treatment as set forth in KRS § 202A.0817; and
(d) Whether, within five (5) days prior to the filing of the petition, the respondent has been evaluated by a qualified mental health professional to determine whether the respondent meets the criteria for court-ordered assisted outpatient treatment pursuant to KRS § 202A.0815.
(5) Upon receipt of the petition, the court shall examine the petitioner under oath as to the contents of the petition. If the petitioner is a qualified mental health professional, the court may dispense with the examination.
(6) 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 court-ordered to assisted outpatient treatment, the court shall:
(a) Order the respondent to be evaluated without unnecessary delay by a qualified mental health professional to determine whether the respondent meets the criteria for court-ordered assisted outpatient treatment set forth in KRS
202A.0815, unless the court has already received the certified findings of such an evaluation conducted no earlier than five (5) days prior to the filing of the petition. The qualified mental health professional shall certify his or her findings to the court within seventy-two (72) hours from receipt of the order, excluding weekends and holidays; and
(b) Set a date for a hearing within six (6) days from the date of the filing of the petition under the provisions of this section, excluding weekends and holidays, to determine if the respondent should be court-ordered to assisted outpatient treatment.
(7) If the court finds there is no probable cause to believe the respondent should be court-ordered to assisted outpatient treatment, the proceedings against the respondent shall be dismissed.
Effective: July 14, 2022
History: Amended 2022 Ky. Acts ch. 32, sec. 1, effective July 14, 2022. — Created
2017 Ky. Acts ch. 154, sec. 3, effective June 29, 2017.
(2) The petition and all subsequent court documents shall be entitled: “In the interest of
Terms Used In Kentucky Statutes 202A.0811
- 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.
- Petitioner: means a person who institutes a proceeding under this chapter. See Kentucky Statutes 202A.011
- Probable cause: A reasonable ground for belief that the offender violated a specific law.
- Qualified mental health professional: means :
(a) A physician licensed under the laws of Kentucky to practice medicine or
osteopathy, or a medical officer of the government of the United States while engaged in the performance of official duties. See Kentucky Statutes 202A.011 - 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
(name of respondent).”
(3) The petition shall be filed by a qualified mental health professional; peace officer; county attorney; Commonwealth’s attorney; spouse, relative, friend, or guardian of the person concerning whom the petition is filed; or any other interested person.
(4) The petition shall set forth:
(a) Petitioner‘s relationship to the respondent;
(b) Respondent’s name, residence, and current location, if known;
(c) Petitioner’s belief, including the factual basis therefor, that the respondent meets the criteria for court-ordered assisted outpatient treatment as set forth in KRS § 202A.0817; and
(d) Whether, within five (5) days prior to the filing of the petition, the respondent has been evaluated by a qualified mental health professional to determine whether the respondent meets the criteria for court-ordered assisted outpatient treatment pursuant to KRS § 202A.0815.
(5) Upon receipt of the petition, the court shall examine the petitioner under oath as to the contents of the petition. If the petitioner is a qualified mental health professional, the court may dispense with the examination.
(6) 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 court-ordered to assisted outpatient treatment, the court shall:
(a) Order the respondent to be evaluated without unnecessary delay by a qualified mental health professional to determine whether the respondent meets the criteria for court-ordered assisted outpatient treatment set forth in KRS
202A.0815, unless the court has already received the certified findings of such an evaluation conducted no earlier than five (5) days prior to the filing of the petition. The qualified mental health professional shall certify his or her findings to the court within seventy-two (72) hours from receipt of the order, excluding weekends and holidays; and
(b) Set a date for a hearing within six (6) days from the date of the filing of the petition under the provisions of this section, excluding weekends and holidays, to determine if the respondent should be court-ordered to assisted outpatient treatment.
(7) If the court finds there is no probable cause to believe the respondent should be court-ordered to assisted outpatient treatment, the proceedings against the respondent shall be dismissed.
Effective: July 14, 2022
History: Amended 2022 Ky. Acts ch. 32, sec. 1, effective July 14, 2022. — Created
2017 Ky. Acts ch. 154, sec. 3, effective June 29, 2017.