Kentucky Statutes 202A.141 – Clarification of court orders — Appeals
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(1) Hospitals ordered to receive an involuntarily hospitalized person shall have standing to petition the District Court for any necessary clarification or modification of orders or judgments entered in proceedings under this chapter and to appeal to the Circuit Court from final judgments or orders entered in proceedings which have not complied with the provisions of this chapter. A copy shall be sent to the involuntarily hospitalized person and the person’s attorney of record, if any, of whatever pleadings are filed by the hospital.
(2) Appeals from the final orders or judgments of the District Court made and entered in proceedings under this chapter shall be taken in the same manner as other appeals from District Court to Circuit Court. This appeal shall be advanced on the Circuit Court docket without motion or notice.
Effective: July 15, 1994
History: Amended 1994 Ky. Acts ch. 498, sec. 8, effective July 15, 1994. –Created
1982 Ky. Acts ch. 445, sec. 15, effective July 1, 1982.
Legislative Research Commission Note. This section was enacted in 1982 Acts, Chapter 445, which contains the following language in Section 45 of that Act: “This Act shall become effective on July 1, 1982,” The Ky. Constitution, in Section 55, requires that a reason be set forth for the emergency. However, no reason is set forth in this Act. The effective date for 1982 Acts with no emergency provision is July 15,
1982.
(2) Appeals from the final orders or judgments of the District Court made and entered in proceedings under this chapter shall be taken in the same manner as other appeals from District Court to Circuit Court. This appeal shall be advanced on the Circuit Court docket without motion or notice.
Terms Used In Kentucky Statutes 202A.141
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Attorney: means attorney-at-law. See Kentucky Statutes 446.010
- Docket: A log containing brief entries of court proceedings.
- Hospital: means :
(a) A state mental hospital or institution or other licensed public or private hospital, institution, health-care facility, or part thereof, approved by the Kentucky Cabinet for Health and Family Services as equipped to provide full- time residential care and treatment for mentally ill persons or individuals with an intellectual disability. See Kentucky Statutes 202A.011 - Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
Effective: July 15, 1994
History: Amended 1994 Ky. Acts ch. 498, sec. 8, effective July 15, 1994. –Created
1982 Ky. Acts ch. 445, sec. 15, effective July 1, 1982.
Legislative Research Commission Note. This section was enacted in 1982 Acts, Chapter 445, which contains the following language in Section 45 of that Act: “This Act shall become effective on July 1, 1982,” The Ky. Constitution, in Section 55, requires that a reason be set forth for the emergency. However, no reason is set forth in this Act. The effective date for 1982 Acts with no emergency provision is July 15,
1982.