Law KRS 222.430 - 222.437

Knowing the Law

222.430 – Involuntary treatment for alcohol and other drug abuse – Rights of patient

(1) Involuntary treatment ordered for a person suffering from alcohol and other drug abuse shall follow the procedures set forth in KRS 222.430 to 222.437.

(2) Except as otherwise provided for in KRS 222.430 to 222.437, all rights guaranteed by KRS Chapters 202A and 210 to involuntarily hospitalized mentally ill persons shall be guaranteed to a person ordered to undergo treatment for alcohol and other drug abuse. 

Effective: July 13, 2004

History: Amended 2004 Ky. Acts ch. 116, sec. 1, effective July 13, 2004. – Amended 1994 Ky. Acts ch. 334, sec. 17, effective July 15, 1994. – Amended 1982 Ky. Acts ch. 141, sec. 40, effective July 1, 1982. – Amended 1976 Ky. Acts ch. 332, sec. 29. – Created 1972 Ky. Acts ch. 166, sec. 6

Note: 1980 Ky. Acts ch. 396, sec. 41 would have amended this section effective July 1,1982. However, 1980 Ky. Acts ch. 396 was repealed by 1982 Ky. Acts ch. 141, sec. 146, also effective July 1, 1982

222.431 – Criteria for involuntary treatment

No person suffering from alcohol and other drug abuse shall be ordered to undergo treatment unless that person:

(1) Suffers from alcohol and other drug abuse;

(2) Presents an imminent threat of danger to self, family, or others as a result of alcohol and other drug abuse, or there exists a substantial likelihood of such a threat in the near future; and

(3) Can reasonably benefit from treatment.

Effective: July 13, 2004

History: Created 2004 Ky. Acts ch. 116, sec. 2, effective July 13, 2004

222.432 – Petition for 60-day and 360-day involuntary treatment

Contents – Guarantee for costs

(1) Proceedings for sixty (60) days or three hundred sixty (360) days of treatment for an individual suffering from alcohol and other drug abuse shall be initiated by the filing of a verified petition 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 spouse, relative, friend, or guardian of the individual concerning whom the petition is filed.

(4) The petition shall set forth:

(a) Petitioner's relationship to the respondent;
(b) Respondent's name, residence, and current location, if known;
(c) The name and residence of respondent's parents, if living and if known, or respondent's legal guardian, if any and if known;
(d) The name and residence of respondent's husband or wife, if any and if known;
(e) The name and residence of the person having custody of the respondent, if any, or if no such person is known, the name and residence of a near relative or that the person is unknown; and
(f) Petitioner's belief, including the factual basis therefor, that the respondent is suffering from an alcohol and other drug abuse disorder and presents a danger or threat of danger to self, family, or others if not treated for alcohol or other drug abuse.

Any petition filed pursuant to this subsection shall be accompanied by a guarantee, signed by the petitioner or other person authorized under subsection (3) of this section, obligating that person to pay all costs for treatment of the respondent for alcohol and other drug abuse that is ordered by the court.

Effective: July 13, 2004

History: Created 2004 Ky. Acts ch. 116, sec. 3, effective July 13, 2004

222.433 – Proceedings for involuntary treatment – Duties of court – Disposition

(1) Upon receipt of the petition, the court shall examine the petitioner under oath as to the contents of the petition.

(2) 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 ordered to undergo treatment, then the court shall:

(a) Set a date for a hearing within fourteen (14) days to determine if there is probable cause to believe the respondent should be ordered to undergo treatment for alcohol and other drug abuse;
(b) Notify the respondent, the legal guardian, if any and if known, and the spouse, parents, or nearest relative or friend of the respondent concerning the allegations and contents of the petition and the date and purpose of the hearing; and the name, address, and telephone number of the attorney appointed to represent the respondent; and
(c) Cause the respondent to be examined no later than twenty-four (24) hours before the hearing date by two (2) qualified health professionals, at least one (1) of whom is a physician. The qualified health professionals shall certify their findings to the court within twenty-four (24) hours of the examinations.

(3) If, upon completion of the hearing, the court finds the respondent should be ordered to undergo treatment, then the court shall order such treatment for a period not to exceed sixty (60) consecutive days from the date of the court order or a period not to exceed three hundred sixty (360) consecutive days from the date of the court order, whatever was the period of time that was requested in the petition or otherwise agreed to at the hearing. Failure of a respondent to undergo treatment ordered pursuant to this subsection may place the respondent in contempt of court.

(4) If, at any time after the petition is filed, the court finds that there is no probable cause to continue treatment or if the petitioner withdraws the petition, then the proceedings against the respondent shall be dismissed.

Effective: July 13, 2004

History: Created 2004 Ky. Acts ch. 116, sec. 4, effective July 13, 2004

222.434 – Seventy-two-hour emergency involuntary treatment

(1) Following an examination by a qualified health professional and a certification by that professional that the person meets the criteria specified in KRS 222.431, the court may order the person hospitalized for a period not to exceed seventy-two (72) hours if the court finds, by clear and convincing evidence, that the respondent presents an imminent threat of danger to self, family, or others as a result of alcohol and other drug abuse.

(2) Any person who has been admitted to a hospital under subsection (1) of this section shall be released from the hospital within seventy-two (72) hours of admittance.

(3) No respondent ordered hospitalized under this section shall be held in jail pending transportation to the hospital or evaluation unless the court has previously found the respondent to be in contempt of court for either failure to undergo treatment or failure to appear at the evaluation ordered pursuant to KRS 222.433.

Effective: July 13, 2004

History: Created 2004 Ky. Acts ch. 116, sec. 5, effective July 13, 2004

222.435 – Failure to attend examination – Summons – Transportation to hospital or psychiatric facility

When the court is authorized to issue an order that the respondent be transported to a hospital, the court may, or if the respondent fails to attend an examination scheduled before the hearing provided for in KRS 222.433 then the court shall, issue a summons. A summons so issued shall be directed to the respondent and shall command the respondent to appear at a time and place therein specified. If a respondent who has been summoned fails to appear at the hospital or the examination, then the court may order the sheriff or other peace officer to transport the respondent to a hospital or psychiatric facility designated by the cabinet for treatment under KRS 210.485. The sheriff or other peace officer may, upon agreement of a person authorized by the peace officer, authorize the cabinet, a private agency on contract with the cabinet, or an ambulance service designated by the cabinet to transport the respondent to the hospital. The transportation costs of the sheriff, other peace officer, ambulance service, or other private agency on contract with the cabinet shall be included in the costs of treatment for alcohol and other drug abuse to be paid by the petitioner.

Effective: July 13, 2004

History: Created 2004 Ky. Acts ch. 116, sec. 6, effective July 13, 2004

222.436 – Application of KRS Chapter 202A

The definitions in KRS 202A.011 and the procedures in KRS Chapter 202A apply to KRS 222.430 to 222.437 except where terms or procedures used therein are defined in KRS 222.005 or are otherwise provided for in KRS 222.430 to 222.437, respectively.

Effective: July 13, 2004

History: Created 2004 Ky. Acts ch. 116, sec. 7, effective July 13, 2004

222.437 – Short title for KRS 222.430 to 222.437

KRS 222.430 to 222.437 may be cited as the Matthew Casey Wethington Act for Substance Abuse Intervention.

Effective: July 13, 2004

History: Created 2004 Ky. Acts ch. 116, sec. 8, effective July 13, 2004