Kentucky Statutes 202B.021 – Voluntary admission to an ICF/ID — Discharge of voluntarily admitted resident — Release of voluntarily admitted resident upon written request
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(1) Minors and adult persons with an intellectual disability may be voluntarily admitted for care and treatment in an ICF/ID under the applicable provisions of this section.
(2) Upon the recommendation or approval of the interdisciplinary team of an ICF/ID, a physician may admit for care and treatment a minor with an intellectual disability upon application of a parent or guardian. Upon recommendation or approval of the interdisciplinary team of an ICF/ID, the physician may also admit an individual with an intellectual disability who applies voluntarily therefor and who, in the opinion of the physician, possesses the mental capacity to give informed consent for admission.
(3) Upon recommendation or approval of the interdisciplinary team of an ICF/ID, the physician shall discharge any voluntarily admitted resident whose care and treatment in the ICF/ID is determined to be no longer necessary or advisable.
(4) If an adult resident who has been admitted voluntarily requests his or her release in writing, or if the release of a minor resident is requested in writing by the minor’s parent or guardian, the resident shall be released unless further detained under the applicable provisions of this chapter.
Effective: July 12, 2012
History: Amended 2012 Ky. Acts ch. 146, sec. 38, effective July 12, 2012. — Amended
2006 Ky. Acts ch. 195, sec. 1, effective July 12, 2006. — Amended 1992 Ky. Acts ch.
142, sec. 1, effective July 14, 1992. — Created 1990 Ky. Acts ch. 147, sec. 4, effective July 13, 1990.
(2) Upon the recommendation or approval of the interdisciplinary team of an ICF/ID, a physician may admit for care and treatment a minor with an intellectual disability upon application of a parent or guardian. Upon recommendation or approval of the interdisciplinary team of an ICF/ID, the physician may also admit an individual with an intellectual disability who applies voluntarily therefor and who, in the opinion of the physician, possesses the mental capacity to give informed consent for admission.
Terms Used In Kentucky Statutes 202B.021
- 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.
- Individual with an intellectual disability: means a person with significantly subaverage general intellectual functioning existing concurrently with deficits in adaptive behavior and manifested during the developmental period. See Kentucky Statutes 202B.010
- Interdisciplinary team: means the group of persons responsible for the diagnosis, evaluation, and individualized program planning and service implementation for the resident. See Kentucky Statutes 202B.010
- Resident: means a person under care or treatment in an ICF/ID pursuant to the provisions of this chapter. See Kentucky Statutes 202B.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
(3) Upon recommendation or approval of the interdisciplinary team of an ICF/ID, the physician shall discharge any voluntarily admitted resident whose care and treatment in the ICF/ID is determined to be no longer necessary or advisable.
(4) If an adult resident who has been admitted voluntarily requests his or her release in writing, or if the release of a minor resident is requested in writing by the minor’s parent or guardian, the resident shall be released unless further detained under the applicable provisions of this chapter.
Effective: July 12, 2012
History: Amended 2012 Ky. Acts ch. 146, sec. 38, effective July 12, 2012. — Amended
2006 Ky. Acts ch. 195, sec. 1, effective July 12, 2006. — Amended 1992 Ky. Acts ch.
142, sec. 1, effective July 14, 1992. — Created 1990 Ky. Acts ch. 147, sec. 4, effective July 13, 1990.