Title XVII, Economic Security and Public Welfare
31 chapters · 957 sections in this title.
KRS § 202C.010 Definitions for chapter. (Effective until October 1, 2026)
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As used in this chapter, unless the context otherwise requires: (1) "Cabinet" means the Kentucky Cabinet for Health and Family Services; (2) "Commitment hearing" means the hearing under KRS 202C.040 to determine if a respondent meets the criteria for involuntary commitment under …
KRS § 202C.020 Petition for involuntary commitment proceeding -- Guardian ad litem -- Duty of Commonwealth's attorney. (Effective until October 1, 2026)
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Duty of Commonwealth's attorney. (Effective until October 1, 2026) (1) When a defendant who is charged with a qualifying offense has been found, after a hearing under KRS Chapter 504, to be incompetent to stand trial with no substantial probability that the defendant will attain …
KRS § 202C.030 Evidentiary hearing, purposes and conduct of -- When subsequent commitment hearing is required -- Evidence submitted by respondent inadmissible in other criminal or civil cases. (Effective until October 1, 2026)
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commitment hearing is required -- Evidence submitted by respondent inadmissible in other criminal or civil cases. (Effective until October 1, 2026) (1) An adversarial evidentiary hearing on the record shall be held within twenty (20) days, excluding weekends and holidays, of the …
KRS § 202C.040 Commitment hearing -- Scheduling, and conduct of -- Participation by Commonwealth's attorney, respondent, and guardian ad litem -- Standard of proof -- Waiver of right to commitment hearing prohibited. (Effective until October 1, 2026)
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Commonwealth's attorney, respondent, and guardian ad litem -- Standard of proof -- Waiver of right to commitment hearing prohibited. (Effective until October 1, 2026) (1) A commitment hearing shall be held within twenty (20) days, excluding weekends and holidays, after the court …
KRS § 202C.050 Criteria for involuntary commitment. (Effective until October 1, 2026)
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2026) (1) No respondent shall be involuntarily committed under this chapter unless there is a determination that: (a) The respondent presents a danger to self or others as a result of his or her mental condition; (b) The respondent needs care, training, or treatment in order to m…
KRS § 202C.060 Involuntary commitment review hearing -- Conduct of hearing -- Schedule for review hearings -- Participation by qualified mental health professionals, Commonwealth's attorney, respondent, and guardian ad litem -- Waiver of right to commitment hearing prohibited. (Effective until October 1, 2026)
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Schedule for review hearings -- Participation by qualified mental health professionals, Commonwealth's attorney, respondent, and guardian ad litem -- Waiver of right to commitment hearing prohibited. (Effective until October 1, 2026) (1) (a) A review hearing to determine if a res…
KRS § 202C.070 Exclusion of persons unnecessary to hearings
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In a hearing under KRS 202C.030, 202C.040, and 202C.060, the court may exclude all persons not necessary for the conduct of the hearing. Effective:April 1, 2021
KRS § 202C.080 Respondent's qualified mental health professional -- Right to be present and participate in any examination of respondent
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present and participate in any examination of respondent. A qualified mental health professional retained by the respondent shall be permitted to witness and participate in any examination of the respondent under this chapter. Effective:April 1, 2021
KRS § 202C.090 Relevant communications between qualified mental health professionals -- Not privileged
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professionals -- Not privileged. In proceedings under this chapter, there shall be no privilege as to any relevant communications between qualified mental health professionals. Qualified mental health professionals may disclose communications relating to diagnosis and treatment o…
KRS § 202C.100 Confidentiality of records -- Judge may order disclosure of information when appropriate and in best interest of respondent or public
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information when appropriate and in best interest of respondent or public. (1) The court records of a respondent made in all proceedings under this chapter are hereby declared to be confidential and shall not be open to the general public for inspection. (2) Any person seeking in…
KRS § 202C.110 Right to petition for writ of habeas corpus
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At any time, and without notice, a respondent detained at a forensic psychiatric 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 reque…
KRS § 202C.120 Notification of receiving psychiatric facility -- Transportation of patient
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patient. (1) The court which orders any respondent transferred to a forensic psychiatric facility under KRS 202C.050 or 504.110(3), shall at once notify the receiving hospital or psychiatric facility that such order has been made, advising of the sex and condition of the responde…
KRS § 202C.130 Clarification of court orders -- Appeals. (Effective until October 1, 2026)
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Forensic psychiatric facilities ordered to receive an involuntarily committed respondent shall have standing to petition the Circuit Court for any necessary clarification or modification of orders or judgments entered in proceedings under this chapter and to appeal from final jud…
KRS § 202C.140 Rights of involuntarily committed patients
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A respondent involuntarily committed under this chapter shall have the following rights as a patient: (1) The right to be adequately informed as to his or her individual treatment program; (2) The right to assist in the planning of his or her treatment program; (3) The right to r…
KRS § 202C.150 Psychiatric facility review committee -- Treatment plan
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(1) Every forensic psychiatric facility caring for respondents involuntarily committed under this chapter shall have a review committee of three (3) qualified mental health professionals appointed by the facility director. This review committee shall have the authority to review …
KRS § 202C.160 Chapter not to apply to persons under age eighteen -- Exception
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This chapter shall not apply to persons under eighteen (18) years of age unless specifically authorized by the Kentucky Unified Juvenile Code. Effective:April 1, 2021
KRS § 202C.170 Administrative regulations for chapter
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This cabinet shall promulgate administrative regulations in accordance with KRS Chapter 13A in order to carry out the provisions of this chapter. Effective:April 1, 2021