Title XVII, Economic Security and Public Welfare

As used in this chapter, unless the context otherwise requires: (1) "Authorized staff physician" means a person who is employed as a physician of an ICF/ID; (2) "Interdisciplinary team" means the group of persons responsible for the diagnosis, evaluation, and individualized progr…

All proceedings for the involuntary admission of individuals with an intellectual disability shall be initiated in the District Court of the county where the person to be treated resides or in which the person may be at the time of the filing of a petition.

In all proceedings under this chapter, it shall be the duty of the county attorney to assist the petitioner and represent the interest of the Commonwealth and to assist the court in its inquiry by the presentation of evidence.

resident -- Release of voluntarily admitted resident upon written request. (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 …

(1) An authorized staff physician may order the admission of any person who is present at, or is presented at, an ICF/ID. Within twenty-four (24) hours, excluding weekends and holidays, of the admission under this section, the authorized staff physician ordering the admission of …

disability. When individuals with an intellectual disability are involuntarily hospitalized under this chapter, the cabinet may place them in an ICF/ID. No individual with an intellectual disability may be involuntarily placed in a hospital without the consent of the secretary, e…

disability. 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 …

(1) Admission: (a) Residents shall be admitted only upon the approval of an interdisciplinary team. The facility shall admit only persons who have a physical or mental condition which requires developmental nursing services and a planned program of active treatment; (b) The inter…

All rights guaranteed by KRS Chapter 210 to mentally ill persons shall apply to individuals with an intellectual disability.

regulations. The secretary shall adopt administrative regulations for the proper administration and enforcement of this chapter. The regulations shall include, but shall not be limited to: (1) Rights of residents with an intellectual disability and their families to be adequately…

responsibility for residents of ICF/ID to meet specific care needs, including supervision. (1) Persons carrying out duties or rendering professional opinions as provided in this chapter shall be free of personal liability for such actions provided that such activities are perform…

This chapter may be cited as the "Kentucky Admission Act for Individuals with an Intellectual Disability".

Disposition. (1) Proceedings for involuntary admission of a person to an ICF/ID 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 pet…

A respondent who has been ordered involuntarily admitted following the preliminary hearing shall have venue for all subsequent proceedings, including the final hearing, transferred to the court of the county where the respondent is admitted; however, the court of the county where…

(1) The certificate referred to in this chapter shall be in the form prescribed by the cabinet. The certificate shall state that the respondent has been examined by each of the qualified professionals in the area of intellectual disabilities making the certificate within twenty-f…

limit. In any proceeding for involuntary admission under the applicable provisions of this chapter, if the criteria for involuntary admission are not certified by at least two (2) professionals as specified in KRS 202B.100(6)(c), the court shall, without taking any further action…

A qualified professional in the area of intellectual disabilities retained by the respondent, or the respondent's parent or guardian, at the expense of the parent or guardian, shall be permitted to witness and participate in any examination of the respondent and may submit findin…

(1) The preliminary hearing shall be held not later than fifteen (15) days, excluding weekends and holidays, from the date of the filing of the petition. (2) The final hearing shall be held within twenty (20) days of the date of the preliminary hearing or within thirty (30) days …

members. (1) The preliminary hearing need not be formal and shall include the receiving of reports of the qualified professional in the area of intellectual disabilities as evidence. The hearing may be held by the court in chambers, at an ICF/ID, or other suitable place. The resp…

(1) Following the preliminary hearing but prior to the completion of the final hearing, the court may order the respondent to reside in his or her current residence, an emergency placement designated by the regional program for mental health and individuals with an intellectual d…

order. (1) The court records of a respondent made in all proceedings pursuant to this chapter shall be confidential and shall not be open to the general public for inspection except when the disclosure is provided in KRS 202B.190. (2) Following the discharge of a respondent from …

In proceedings under this chapter, there shall be no privilege as to any relevant communications between qualified professionals in the area of intellectual disabilities and patients. Qualified professionals in the area of intellectual disabilities may disclose communications rel…

receive by ICF/ID -- Transport of person. (1) The court which orders any person to an ICF/ID under the provisions of this chapter, shall at once notify the cabinet that the order has been made, advising of the sex and condition of the person. (2) The ICF/ID may refuse to receive …

Upon the filing of a petition for involuntary admission pursuant to KRS 202B.045, the court shall appoint an attorney to represent the respondent with the appointment and representation to continue unless the respondent retains private counsel. The appointed attorney shall be for…

The respondent shall be present at all hearings unless the respondent and the respondent's attorney waive the respondent's rights to be present, or unless the court makes a specific finding after the respondent has been brought to the place of the hearing that the respondent shou…

Appeals from the final orders or judgments of the District Court made and entered in proceedings under this chapter shall be taken in the manner as other appeals from District Court to Circuit Court. Appeals may be taken by the Commonwealth, the individual who is subject to the p…

(1) Every resident admitted under the provisions of this chapter shall have an annual review conducted by an interdisciplinary team of the ICF/ID to determine the appropriateness of and the necessity for care and treatment provided the resident in the ICF/ID. On or before the ann…

to participate in treatment plan. (1) Every ICF/ID approved under the provisions of this chapter shall have a review committee of three (3) qualified professionals in the area of intellectual disabilities appointed by the facility director. This review committee shall have the au…

resident or certain persons. (1) No less than once in every five (5) years following the initial order for involuntary admission of a resident to an ICF/ID, or an order authorizing continued care and treatment following review pursuant to this section, the court shall hold a hear…

At any time, and without notice, a person detained at a facility, or a relative, friend, guardian, representative, or attorney on behalf of such person, may petition for a writ of habeas corpus to question the cause and legality of the detention and request that the Circuit Court…

(1) A physician may release a resident on convalescent leave status when the interdisciplinary team concludes that the resident would not present a danger or a threat of danger to self, family, or others if provided with continued medical supervision in a less restrictive alterna…

resident to ICF/ID. If a resident undergoing involuntary treatment on an inpatient basis is absent from the ICF/ID without or in excess of authorization from the ICF/ID staff, the person in charge or that person's designee may notify the appropriate sheriff or other peace officer…

Upon recommendation or approval of the interdisciplinary team of an ICF/ID, a physician may admit for respite care an individual with an intellectual disability. Respite care provided to any individual with an intellectual disability under this section shall not exceed a total of…

for further admission. (1) Legal residents of the state who have become public charges in other states and have been returned to Kentucky because they have been involuntarily admitted may be immediately admitted to an ICF/ID at the request of the secretary or the secretary's desi…

(1) The unwarranted admission of any person under the provisions of this chapter; or (2) The denial of any person of any of the rights accorded to him under the provisions of this chapter shall be punished by a fine not exceeding five thousand dollars ($5,000) or imprisonment for…