KentuckySB 1222026 Regular SessionSenateWALLET

AN ACT relating to judicial proceedings.

Sponsored By: Julie Raque Adams (Republican)

Signed by Governor

Children And MinorsCorrections ImpactCourtsCrimes And PunishmentsCriminal ProcedureLocal MandateParental RightsPublic SafetyShort Titles And Popular Names

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Bill Overview

Analyzed Economic Effects

17 provisions identified: 7 benefits, 2 costs, 8 mixed.

Stronger rights in forensic cases

If a petition is filed under the forensic mental health law, the court holds an evidentiary hearing within 45 days. The state must give discovery 7 days before the hearing, and it cannot use undisclosed evidence. If the case goes to a commitment hearing, it must be within 45 days and the state must prove the case beyond a reasonable doubt. Starting October 1, 2026, commitment is allowed only if the person is or would be dangerous and no safer, less-restrictive treatment is available, with regular reviews (first at 90–120 days, then at least every 2 years). The court also appoints a guardian ad litem in certain incompetency cases and provides counsel; the state pays the guardian up to the legal maximum hourly rate.

Faster decisions on ending parental rights

Starting October 1, 2026, the court may end parental rights if clear and convincing evidence shows legal grounds like abuse, certain convictions, or a baby born with neonatal abstinence syndrome. Narrow exceptions apply, such as proper use of prescribed medication or timely, documented treatment and prenatal/postnatal care. The court must consider certified mental illness or intellectual disability when judging a parent’s consistent inability to care. The court must issue findings and a decision within 30 days after the hearing ends.

72-hour emergency admission for noncompliance

If a person substantially fails to follow a court‑ordered outpatient plan, the court or an authorized staff physician can order a 72‑hour emergency hospital admission. The 72 hours are for a new exam to decide whether the person meets the law’s rules for involuntary hospitalization.

Probation and treatment before prison

Courts must consider probation or conditional discharge before sending someone to prison. If regular probation is not right, the court must try probation with an alternative plan unless prison is needed to protect the public. Judges must look at risk and needs, the case facts, your history, and whether you care for a dependent or are pregnant or gave birth while waiting for sentencing. Courts cannot call you likely to commit a Class C or D felony based only on very old or cleared records. Judges can order more alternatives, like home incarceration, reentry centers, and treatment and classes, but these options come with rules like work or school, treatment, restitution, and sometimes fees.

Consent outpatient treatment orders up to 360 days

The court can enter a consent order for assisted or community‑based outpatient treatment. All must agree: the person, the court, the county attorney, the person’s lawyer, and a qualified mental health professional. The person must agree to the plan and stipulate they meet involuntary hospitalization criteria if outpatient care is the least restrictive option. The order is filed with the court, lists its terms, is monitored and reviewed, and can last up to 360 days.

Rules for assisted outpatient treatment

Beginning October 1, 2026, AOT cases move fast: after a petition, the court orders an evaluation, the report is due within 72 hours, and a hearing is set within 6 days (excluding weekends and holidays). You cannot be ordered to AOT unless you have a serious mental illness, a recent pattern of nonadherence or serious harm, a clinician says you are unlikely to follow care, and AOT is the least-restrictive option. You have the right to a lawyer, to present evidence, and to cross-examine; the recommending clinician must testify. If the court finds clear and convincing evidence, it can order up to 360 days of AOT and must report the order. If you refuse parts of AOT, a review committee meets within 3 days and the court hears the case within 7 days; outpatient orders cannot authorize physical restraint for medication, and noncompliance is not contempt but can support inpatient care.

Who can be hospitalized involuntarily

Starting October 1, 2026, a person can be hospitalized against their will only if they have a mental illness, are a danger, can benefit from treatment, and hospital care is the least-restrictive option. Doctors must discharge an involuntary patient once the legal criteria no longer apply. The law also says “danger” includes being unable to meet basic needs due to mental illness with a serious risk of harm, even if someone is willing to help. At any time, if two qualified examiners do not certify the criteria are met, the court must end the case and release the person.

Custody protections in abuse cases

If the court finds domestic violence or child abuse, it cannot take custody or cut parenting time from a bonded, nonoffending parent just to help the child bond with the offender. If a child resists contact with an abusive parent, any court order to fix that must focus on the offending parent’s behavior.

Privacy and expungement of court records

Court records in these cases are confidential. Twelve months after discharge or a denial of commitment, you can ask to expunge the records. The county attorney gets notice and has 5 days to respond or ask for a hearing. A responsible party may ask to join the case and get discharge plan information, and a judge may allow limited disclosure when it is in the person’s or public’s best interest.

Stronger evaluations before guardianship

Starting October 1, 2026, before a guardianship or disability hearing, a report from at least three professionals must be filed. The team includes a medical provider, a psychologist, and a social worker, and a mental health professional if mental illness is alleged. The report must list limits, needed services, and medications. If the person is indigent, the county pays examiners by court order; the person can also get an independent evaluation, and the county may pay if the person cannot.

Statewide training and annual reports

Starting October 1, 2026, the state hires the Treatment Advocacy Center to build and run statewide training so agencies apply the law the same way. Starting October 1, 2027, and every year after, the state and courts must report numbers on petitions, hospital orders, dismissals, outpatient orders, hearings, treatment lengths, and services. Hospitals and mental health professionals must send data for the report.

Who qualifies to evaluate and diagnose

More types of licensed professionals can qualify to evaluate and certify people for hospitalization, including certain nurses, social workers, therapists, counselors, and trained physician assistants who meet state education and experience rules. The law also defines serious mental illness, listing psychotic, bipolar, and major depressive disorders that require treatment. Starting October 1, 2026, the forensic chapter updates key definitions like who the cabinet is, who is a respondent, and what counts as a review hearing.

Court review of risky discharges

If the county attorney asks, the hospital must give notice before discharge and, by court order, share the discharge plan at least 72 hours before an early discharge. The county attorney may seek a quick discharge review. The court must hold the hearing promptly, can require a treatment plan within 48 hours, and can order up to 360 days of outpatient treatment or release with conditions. Before release, the court can also order short hospitalization until a certification review hearing within 48 hours when evidence shows imminent danger.

Faster transports and who pays

Starting October 1, 2026, after the facility is notified, the court must order transport to the designated hospital within 48 hours, excluding weekends and holidays. The person must arrive with required papers; hospitals may refuse intake if notice or papers are missing. When someone is moved under the 72‑hour emergency rule, the Cabinet pays transport costs for sheriffs, peace officers, ambulances, or contracted agencies under its regulations.

Hospital duties and payments change

Starting October 1, 2026, public and private hospitals (not state-run or contracted mental hospitals) do not have to provide certain mental-health services unless they agree, though they must try to cooperate with the law. If they provide those services, they are paid at the rates they negotiate with the state or the local community program. Also on October 1, 2026, the old law allowing court-ordered community outpatient treatment is repealed.

More oversight for court-ordered outpatient care

When the court orders community-based outpatient mental health treatment, it must appoint a Cabinet‑recognized outpatient provider agency. That agency forms a three‑person team of mental health professionals to monitor the order. The team reports regularly to the court, the county attorney, the respondent’s lawyer, and others the court names. Any responsible adult may report nonadherence. Reports can be written, in person, or electronic, as the court allows. The court also reports each outpatient order to the Department for Behavioral Health, Developmental and Intellectual Disabilities.

New court and custody rules statewide

Starting October 1, 2026, forensic psychiatric facilities can ask courts to clarify or modify orders and can appeal final decisions; they must notify all parties. Also starting October 1, 2026, involuntary hospitalization petitions must be filed where the person lives or where they are at filing. The state may transfer a hospitalized person to a federal health agency when space and eligibility are certified; if the person is confined for a crime, a court order after a hearing is required.

Sponsors & Cosponsors

Sponsor

Julie Raque Adams
Republican • Senate

Cosponsors

Brandon J. Storm
Republican • Senate
Gerald A. Neal
Democrat • Senate
Jason Nemes
Republican • House

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