KentuckySB 1222026 Regular SessionSenateWALLET

AN ACT relating to judicial proceedings.

Sponsored By: Julie Raque Adams (Republican)

Signed by Governor

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26 provisions identified: 9 benefits, 4 costs, 13 mixed.

Assisted outpatient treatment: rules and penalties

You can only be ordered into assisted outpatient treatment (AOT) if you have a serious mental illness, a qualifying history of not following treatment with recent hospitalizations/arrests or recent threats of serious harm, a clinician says you are unlikely to adhere, and AOT is the least restrictive option. AOT can last up to 360 days and can include reasonable conditions. Not following AOT is not contempt, but it counts as strong evidence that you may need inpatient care. Substantial noncompliance can lead to a 72‑hour emergency admission for re‑examination. Prior noncompliance alone cannot be the only reason to hospitalize you.

Court-ordered outpatient care up to 360 days

The court can order community outpatient treatment for up to 360 days when that is the least restrictive option. If you meet assisted outpatient treatment rules, a treatment plan must be created within 48 hours. You and all parties may agree to a consent order; it must be filed and can last up to 360 days, with the same oversight as a contested order. You have rights at hearings: a lawyer, a support person if you ask, and the right to present and question witnesses; the recommending clinician must explain the clinical reasons for the plan. Not following the plan is not contempt, but it is evidence you may need inpatient care, and consent‑order violations are handled the same as contested orders. If you refuse parts of the plan, a three‑member team reviews it within 3 days, and the court can hold a new hearing within 7 days.

Faster court checks on unsafe discharges

The court reviews planned discharges fast. If the county attorney files a motion, the court can keep you in the hospital or release you with conditions and must hold a hearing within 48 hours, not counting weekends or holidays. The court appoints a lawyer, and the examiner testifies; the examiner must also alert the court right away if there is imminent danger. Hospitals must give the discharge plan to the county attorney at least 72 hours before a planned discharge before the final hearing or before an order ends. The court can hold a discharge‑plan review within 7 days and can stop discharge and require a new plan within 72 hours. After these reviews, the court can order outpatient treatment for up to 360 days or release you with reasonable conditions. Any certification‑related order that is not served within 30 days expires.

Faster exams and court summons rules

You must be examined quickly by two mental health professionals, including at least one physician. They must certify findings within 24 hours, not counting weekends or holidays. The court can summon you to be examined and to attend the preliminary hearing; if you do not come, law enforcement can transport you to a hospital for evaluation. If the court finds no probable cause for hospitalization, the case is dismissed and you must be released.

Tighter rules for civil psychiatric holds

The law narrows who can be civilly hospitalized: you must have a mental illness, pose danger because of it, be able to benefit from treatment, and hospitalization must be the least restrictive option. Petitions can seek up to 60 days or up to 360 days, and any order cannot exceed the period requested. A county attorney may ask to increase a 60‑day case to up to 360 days if you had a 30‑day hospitalization in the past six months. Courts set the final hearing within 21 days from hospitalization. Cases must be filed in your local District Court. Judges can order a 72‑hour hospital stay after an exam; examiners can use telehealth. The Cabinet pays transport costs, and you cannot be held in jail while waiting. Past failure to follow an outpatient order alone cannot justify involuntary hospitalization.

Courts weigh caregiver status at sentencing

The law requires judges to consider your caregiver role before ordering jail. Caregiver includes supporting a child or adult dependent, or being pregnant or having given birth while awaiting sentencing. Courts can place you on probation with an alternative plan that can include treatment, parenting classes, job and literacy training, therapy, and other supports.

Safer custody and help for families

If a parent committed two or more acts of domestic violence, the court starts from the view that joint custody and equal time are not best for the child. A victim advocate can attend a minor’s hearing to give support unless declined or the court finds good cause to exclude. If a minor has no lawyer at an evidentiary hearing, the court must appoint a guardian ad litem, and the state pays up to $500. Starting October 1, 2026, courts must check whether a parent with a disability was offered targeted adaptive and supportive services, or knowingly refused them, when a child is placed with the Cabinet.

Stronger custody protections after abuse

If the court finds domestic violence, the default rule of joint custody and equal time does not apply to the abusive parent. The court cannot cut a safe, bonded caregiver’s time just to improve the child’s relationship with the abusive parent. A parent with two or more acts of domestic violence cannot get custody or unsupervised visits unless they complete required programs, assessments and treatments, do supervised visits, and then pass court hearings.

Faster discharge and record clearing

A hospital doctor must discharge you once you no longer meet the legal test for involuntary hospitalization. Twelve months after discharge, or after a denial of commitment, you can ask the court to expunge all related court records. The county attorney gets notice and has five days to respond or ask for a hearing.

Faster, fairer mental-health hearings in crimes

The Circuit Court in the criminal case keeps control of forensic mental‑health proceedings. An evidentiary hearing must occur within 45 days, with discovery due 7 days before; the Commonwealth bears the proof burden. If enough evidence exists, a commitment hearing must be set within 45 days, and two qualified professionals (one doctor) must examine you and certify findings 7 days before. Review hearings happen 90–120 days after commitment and then at least every two years, and can be informal or remote. Your statements or evidence from the evidentiary hearing cannot be used later in criminal or civil court. Commitment requires danger due to mental condition and that no less‑restrictive alternative is safe. Transfers to federal facilities need a court order for people confined after conviction or acquitted solely due to mental illness.

Team evaluations in guardianship; county may pay

Beginning October 1, 2026, a guardianship or conservatorship case must include a report by three professionals: a physician or APRN/PA, a licensed psychologist, and a licensed social worker or trained Cabinet investigator. The report must list diagnoses, opinions, treatment, and medicines. If you are indigent, the county pays examiners by court order, with exceptions for salaried state staff and costs covered by insurance. You can get an independent evaluation, and the county may pay if you cannot.

Parental rights risk after drug-exposed birth

Beginning October 1, 2026, a newborn diagnosed with neonatal abstinence syndrome (NAS) at birth can be grounds to terminate parental rights. The mother is protected if she was taking prescribed medicine as directed, or enrolls and stays in treatment and prenatal/postnatal care within 90 days, or agrees before discharge to a court‑ordered assessment with a peer specialist and starts treatment within 90 days.

Private probation monitoring fees allowed

Courts can order private‑agency probation monitoring if it is in the best interest of you and the public. You must pay any reasonable fees the private agency charges. The law does not set the fee amounts.

Most hospitals not required to take mental-health cases

Starting October 1, 2026, most public and private hospitals do not have to provide certain behavioral‑health and involuntary‑treatment services unless they agree. State‑run or contracted mental hospitals are not affected. Hospitals must still make reasonable efforts to cooperate with the law.

Faster mental‑health hearings and protections

The county attorney can ask for a quick court review before a release. The court sets a review hearing within 48 hours, not counting weekends and holidays, and can set short‑term holds or conditions while waiting. You get a lawyer at the hearing, and the examiner can testify remotely. Clinicians must try to contact the petitioner and send certifications to the court within 24 hours of exams. If fewer than two professionals certify you meet inpatient criteria, the court must release you. On request, county attorneys get discharge notices, and a qualified responsible party can see discharge plans unless the court finds it is not in your best interest.

Forensic commitments: counsel, reviews, placement

If you are involuntarily committed, the Cabinet places you in a forensic psychiatric facility named by the Secretary. If you do not have a lawyer, the court must appoint one for you. If you were found incompetent with no good chance of restoration within 360 days, the court must also appoint a guardian ad litem to act in your best interests; the state pays up to the set hourly rate. People at forensic facilities get competency reviews at least every two years, with 10‑day written notice of any restoration and a court status meeting within 30 days. Facilities can ask the court to clarify or change orders and can appeal final orders that did not follow the law.

Hearings move to hospital or home county

After a preliminary hearing orders hospitalization, future hearings move to the county where you are hospitalized. If you are ordered to outpatient treatment, the court can move the case back to your home county to manage your plan and supervision. If your hospital asks, you may be moved to a Commonwealth‑owned psychiatric hospital; cabinet‑contracted hospitals cannot request this transfer.

More adults can file treatment petitions

Any responsible adult can now file a court petition for involuntary hospitalization or for assisted outpatient treatment. Professionals, peace officers, and family members can still file. This opens the door for caregivers to act sooner, but it may also bring more people into court.

Outpatient treatment orders with monitoring

Courts can order community outpatient mental health care for up to 360 days. A qualified professional must write a treatment plan within 48 hours. The court appoints a recognized agency to build a care team and report to the court. Any responsible adult can report if you are not following the plan. Not following the plan is not contempt, but it is evidence you may need inpatient care and can lead to a 72‑hour emergency admission for a new exam. The Cabinet writes rules for how this program works.

Prior outpatient orders count in new cases

If a new hospitalization petition is filed within 12 months of an earlier outpatient or assisted‑outpatient order, the clerk must send the old order to the court and the examiner. The examiner must do an independent exam, consider the prior order, and certify whether you meet hospitalization rules.

State‑paid transport and admission rules

Sheriffs or peace officers must arrange transport to the hospital, but they can let the Cabinet or a Cabinet‑designated ambulance or contractor do it. The Cabinet pays transport costs under its regulations, including trips to admission and back to the county of discharge. After a court order, transport must occur within 48 hours, not counting weekends and holidays. The patient must arrive with required papers (petition when needed, certifications, and order). A hospital can refuse admission if the papers are not right or it was not notified in advance.

Stronger discharge plans for safe returns

Discharge plans must include housing status or an offer, an outpatient visit within 7 days, a 30‑day medicine supply, a transport plan, a 24‑hour crisis plan, and follow‑up care. If you can decide and refuse housing or services, the plan must record the offer, your reasons, that you understand the risks, and set future outreach.

State tracking of involuntary treatment orders

Starting in 2027, by October 1 each year the cabinet and courts send a statewide report on involuntary cases and assisted outpatient orders. Hospitals and mental health providers must send data as set by cabinet rules. Courts must also report each assisted outpatient order. Reports cannot name individual people.

Statewide training on new mental‑health rules

The state must hire the Treatment Advocacy Center to design and run a training program. The goal is to help state and local agencies apply the new mental‑health laws the same way across Kentucky.

Old outpatient law ends in 2026

Beginning October 1, 2026, the statute that allowed courts to order community‑based outpatient treatment (KRS 202A.081) is repealed.

Standard payment rates for hospital services

Beginning October 1, 2026, non‑state hospitals that provide the listed behavioral health services are paid at the same rates they negotiate with the state behavioral health department or regional programs. This ties payment for those services to the hospital’s negotiated state rates.

Sponsors & Cosponsors

Sponsor

Julie Raque Adams
Republican • Senate

Cosponsors

Brandon J. Storm
Republican • Senate
Gerald A. Neal
Democrat • Senate

Roll Call Votes

All Roll Calls

Yes: 155 • No: 9

Senate vote • 3/31/2026

passed

Yes: 37 • No: 0

House vote • 3/27/2026

3rd reading, passed

Yes: 83 • No: 7

Senate vote • 2/25/2026