Title XVII, Economic Security and Public Welfare

(1) All children received into the home's care by commitment of any court or officer having jurisdiction shall remain under the home's care for the period of their commitment, not to exceed their minority, unless sooner paroled or discharged. (2) The board may discharge any child…

(1) The board may provide for such schools and forms of instruction in branches of useful practical knowledge as may be proper or necessary for the education of the children in the home's care, and for the acquirement and practice of useful labor or trades, as may be suitable to …

The board shall exercise care to protect children with less severe behavioral problems from children who are seriously patterned delinquents by means of the most practical use of the facilities and programs available.

(1) The board may, with the approval of the county judge/executive, appoint, to serve at the pleasure of the board, one (1) or more persons, of more than twenty-one (21) years of age, as parole officers. The parole officers shall apprehend or arrest, and take into custody whereve…

(1) No person shall aid or abet any child to escape from any home established under the provisions of this chapter or harbor or conceal any such child, knowing that the child has so escaped. (2) The board shall reclaim and bring back to the home any escaped children, and the peac…

(1) In order to provide money for the purchase of property and the construction and equipment of buildings for the home, the fiscal court of the county may make an annual appropriation from the general fund of the county, and the legislative body of the city of the first class ma…

In order to provide money for maintaining the home and for carrying out the purposes of this chapter other than those named in KRS 201.160, the fiscal court of the county in which the home is established may make an annual appropriation from the general fund of the county, and th…

supplied. (1) The fiscal year of the board shall begin on the first day of July in each year and end on June 30 next following. During the month of May of each year the board shall prepare and certify two (2) financial statements to the fiscal court and the city legislative body.…

(1) When the fiscal court of the county and the city legislative body make the appropriations authorized by KRS 201.160 and 201.170, the board shall prepare and certify to the fiscal court of the county and the legislative body of the city for their approval: (a) A revised budget…

(1) The board shall not in any one (1) year, expend for the maintenance of the home and the carrying out of the purposes of this chapter, more than the total sum derived through the appropriations for the year as provided in KRS 201.170, as supplemented by funds given to the boar…

Within sixty (60) days after the close of each fiscal year, the board shall make to the county judge/executive and to the mayor of the city of the first class, for transmission to the fiscal court of the county and to the legislative body of the city, respectively, a report of th…

Any person who violates subsection (1) of KRS 201.150 shall be fined not less than one hundred ($100) nor more than two hundred dollars ($200), or imprisoned for not less than thirty (30) days nor more than six (6) months, or both.

This chapter may be cited as the "Kentucky Mental Health Hospitalization Act."

The cabinet may promulgate administrative regulations in accordance with KRS Chapter 13A in order to carry out the provisions of this chapter.

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 …

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…

As used in this chapter, unless the context otherwise requires: (1) "Authorized staff physician" means a physician who is a bona fide member of the hospital's medical staff; (2) "Cabinet" means the Kentucky Cabinet for Health and Family Services; (3) "Contract mental health evalu…

This chapter shall not apply to persons under eighteen (18) years of age unless specifically authorized by the Kentucky Unified Juvenile Code.

All proceedings for the involuntary hospitalization of mentally ill persons shall be initiated in the District Court of the county where the person to be hospitalized resides or in which he 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.

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.

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 …

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 …

-- Transport of voluntary patients to receiving hospital or psychiatric facility. (1) The hospitalization of minors alleged to be mentally ill, except those provided for in KRS Chapter 640, shall be governed by KRS Chapter 645. (2) An authorized staff physician of a hospital may …

(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 …

No person shall be involuntarily hospitalized unless such person is a mentally ill person: (1) Who presents a danger or threat of danger to self, family or others as a result of the mental illness; (2) Who can reasonably benefit from treatment; and (3) For whom hospitalization is…

until October 1, 2026) (1) Following an examination by a qualified mental health professional and a certification by that professional that the person meets the criteria for involuntary hospitalization, a judge may order the person hospitalized for a period not to exceed seventy-…

review hearing -- Community-based outpatient treatment and conditions for release. (Effective October 1, 2026) (1) (a) Upon motion of the county attorney, the hospital shall give notice to the court and the county attorney if the hospital plans to discharge the respondent followi…

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 …

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…

(1) An authorized staff physician may order the admission of any person who is present at, or is presented at, a hospital. For the purposes of this subsection only, a hospital may include any acute care hospital that is licensed by the Commonwealth. Within twenty-four (24) hours …

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 …

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) Any peace officer who has reasonable grounds to believe that an individual is mentally ill and presents a danger or threat of danger to self, family, or others if not restrained may take the individual into custody and transport the individual without unnecessary delay to a h…

(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…

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…

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

Petition contents. (Effective until October 1, 2026) (1) Proceedings for sixty (60) days or three hundred sixty (360) days of involuntary hospitalization of an individual shall be initiated by the filing of a verified petition in District Court. (2) The petition and all subsequen…

(1) A respondent who has been ordered involuntarily hospitalized 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 hospitalized. (2) The court of the count…

(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 mental health professionals making the certificate within twenty-four (24) hours (excluding w…

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…

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…

In any proceeding for involuntary hospitalization under the applicable provisions of this chapter, if the criteria for involuntary hospitalization are not certified by at least two (2) examining qualified mental health professionals, the court shall, without taking any further ac…

A qualified mental health professional retained by the respondent shall be permitted to witness and participate in any examination of the respondent.

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…

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

(1) The preliminary hearing shall be held not later than six (6) days (excluding weekends and holidays) from the time of respondent's holding under these proceedings. If the respondent is not held under these proceedings, the preliminary hearing shall be held not later than six (…

(1) The preliminary hearing need not be formal and may include the receiving of the qualified mental health professionals' reports as evidence. The hearing may be held by the court in chambers, at a hospital, or other suitable place. The respondent shall be afforded an opportunit…

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