Kentucky Statutes 202B.040 – Criteria for involuntary admission for individuals with an intellectual disability
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When a person who is alleged to be an individual with an intellectual disability is involuntarily admitted, there shall be a determination that:
(1) The person is an individual with an intellectual disability;
(2) The person presents a danger or a threat of danger to self, family, or others;
(3) The least restrictive alternative mode of treatment presently available requires placement in an ICF/ID; and
(4) Treatment that can reasonably benefit the person is available in an ICF/ID.
Effective: July 12, 2012
History: Amended 2012 Ky. Acts ch. 146, sec. 41, effective July 12, 2012. — Amended
1990 Ky. Acts ch. 147, sec. 7, effective July 13, 1990. — Amended 1986 Ky. Acts ch.
79, sec. 2, effective March 6, 1986. — Amended 1982 Ky. Acts ch. 445, sec. 37, effective July 1, 1982. — Created 1976 Ky. Acts ch. 328, sec. 5.
Legislative Research Commission Note. This section was amended 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.
(1) The person is an individual with an intellectual disability;
Terms Used In Kentucky Statutes 202B.040
- 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
- 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
(2) The person presents a danger or a threat of danger to self, family, or others;
(3) The least restrictive alternative mode of treatment presently available requires placement in an ICF/ID; and
(4) Treatment that can reasonably benefit the person is available in an ICF/ID.
Effective: July 12, 2012
History: Amended 2012 Ky. Acts ch. 146, sec. 41, effective July 12, 2012. — Amended
1990 Ky. Acts ch. 147, sec. 7, effective July 13, 1990. — Amended 1986 Ky. Acts ch.
79, sec. 2, effective March 6, 1986. — Amended 1982 Ky. Acts ch. 445, sec. 37, effective July 1, 1982. — Created 1976 Ky. Acts ch. 328, sec. 5.
Legislative Research Commission Note. This section was amended 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.