Kentucky Statutes 202A.0819 – Due process and support requirements — Conduct of hearing — Ruling on petition — Reports
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(1) At a hearing and at all stages of a proceeding for court-ordered assisted outpatient treatment, the respondent shall be:
(a) Represented by counsel;
(b) Accompanied by a peer support specialist or other person in a support relationship, if requested by the respondent; and
(c) Afforded an opportunity to present evidence, call witnesses on his or her behalf, and cross-examine adverse witnesses.
(2) If a respondent does not appear at the hearing, and appropriate attempts to elicit the respondent’s appearance have failed, the court may conduct the hearing in the respondent’s absence.
(3) A qualified mental health professional who recommends court-ordered assisted outpatient treatment for the respondent shall:
(a) Testify at the hearing, in person or via electronic means;
(b) State the facts and clinical determinations which support the allegation that the respondent meets the criteria stated in KRS § 202A.0815; and
(c) Testify in support of the treatment plan provided pursuant to KRS § 202A.0817, and for each category of proposed evidence-based treatment, he or she shall state the specific recommendation and the clinical basis for his or her belief that such treatment is essential to the maintenance of the respondent’s health or safety.
(4) If after hearing all relevant evidence, the court does not find by clear and convincing evidence that the respondent meets the criteria stated in KRS § 202A.0815, the court shall deny the petition and the proceedings against the respondent shall be dismissed.
(5) If after hearing all relevant evidence, the court finds by clear and convincing evidence that the respondent meets the criteria stated in KRS § 202A.0815, the court may order the respondent to receive assisted outpatient treatment for a period of time not to exceed three hundred sixty (360) days. The court’s order shall incorporate a treatment plan, which shall be limited in scope to the recommendations included in the treatment plan provided by the qualified mental health professional pursuant to KRS § 202A.0817.
(6) The court shall report every order for assisted outpatient treatment issued under this section to the Department for Behavioral Health, Developmental and Intellectual Disabilities.
Effective: June 27, 2019
History: Amended 2019 Ky. Acts ch. 128, sec. 2, effective June 27, 2019. — Created
2017 Ky. Acts ch. 154, sec. 7, effective June 29, 2017.
(a) Represented by counsel;
Terms Used In Kentucky Statutes 202A.0819
- Allegation: something that someone says happened.
- 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.
- 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 - State: when applied to a part of the United States, includes territories, outlying possessions, and the District of Columbia. See Kentucky Statutes 446.010
- Testify: Answer questions in court.
- 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
(b) Accompanied by a peer support specialist or other person in a support relationship, if requested by the respondent; and
(c) Afforded an opportunity to present evidence, call witnesses on his or her behalf, and cross-examine adverse witnesses.
(2) If a respondent does not appear at the hearing, and appropriate attempts to elicit the respondent’s appearance have failed, the court may conduct the hearing in the respondent’s absence.
(3) A qualified mental health professional who recommends court-ordered assisted outpatient treatment for the respondent shall:
(a) Testify at the hearing, in person or via electronic means;
(b) State the facts and clinical determinations which support the allegation that the respondent meets the criteria stated in KRS § 202A.0815; and
(c) Testify in support of the treatment plan provided pursuant to KRS § 202A.0817, and for each category of proposed evidence-based treatment, he or she shall state the specific recommendation and the clinical basis for his or her belief that such treatment is essential to the maintenance of the respondent’s health or safety.
(4) If after hearing all relevant evidence, the court does not find by clear and convincing evidence that the respondent meets the criteria stated in KRS § 202A.0815, the court shall deny the petition and the proceedings against the respondent shall be dismissed.
(5) If after hearing all relevant evidence, the court finds by clear and convincing evidence that the respondent meets the criteria stated in KRS § 202A.0815, the court may order the respondent to receive assisted outpatient treatment for a period of time not to exceed three hundred sixty (360) days. The court’s order shall incorporate a treatment plan, which shall be limited in scope to the recommendations included in the treatment plan provided by the qualified mental health professional pursuant to KRS § 202A.0817.
(6) The court shall report every order for assisted outpatient treatment issued under this section to the Department for Behavioral Health, Developmental and Intellectual Disabilities.
Effective: June 27, 2019
History: Amended 2019 Ky. Acts ch. 128, sec. 2, effective June 27, 2019. — Created
2017 Ky. Acts ch. 154, sec. 7, effective June 29, 2017.