Title XVII, Economic Security and Public Welfare

treatment. (1) Proceedings for court-ordered assisted outpatient treatment of a person shall be initiated by the filing of a verified petition for that purpose in District Court. (2) The petition and all subsequent court documents shall be entitled: "In the interest of (name of r…

(1) The court may order that the sheriff of the county or a peace officer transport the respondent to a hospital or site designated by the cabinet so that the respondent shall be examined without unnecessary delay by a qualified mental health professional. The sheriff or peace of…

A person shall not be court-ordered to assisted outpatient mental health treatment unless the person: (1) Is diagnosed with a serious mental illness; (2) Has a history of repeated nonadherence with mental health treatment, which has: (a) At least twice within the last forty-eight…

treatment. No later than the date of the hearing held pursuant to KRS 202A.0811, the qualified mental health professional who examined the respondent pursuant to KRS 202A.0811 shall provide to the court and the respondent a proposed written treatment plan for the respondent for c…

on petition -- Reports. (1) At a hearing and at all stages of a proceeding for court-ordered assisted outpatient treatment, the respondent shall be: (a) Represented by counsel; (b) Accompanied by a peer support specialist or other person in a support relationship, if requested by…

If the court orders assisted outpatient mental health treatment pursuant to KRS 202A.0819, the court shall appoint an outpatient provider agency recognized by the cabinet which shall assemble a multidisciplinary team. The multidisciplinary team shall regularly monitor the person'…

treatment -- Review committee -- Emergency admission -- Transportation. (1) A person's substantial failure to comply with a court order for assisted outpatient treatment may constitute presumptive grounds for the court or an authorized staff physician to order a seventy-two (72) …

outpatient treatment. (1) At any time during the period of an order for court-ordered assisted outpatient treatment, the person subject to the order may move the court to stay, vacate, or modify the order. (2) (a) As used in this subsection, "material change" means an addition or…

For persons who are Medicaid-eligible, assisted outpatient mental health treatment services identified under KRS 202A.0811 to 202A.0831 shall be authorized by the Department for Medicaid Services and its contractors as Medicaid-eligible services and shall be subject to the same m…

to 202A.0831. Implementation of KRS 202A.0811 to 202A.0831 is contingent upon adequate funding by any unit of state or local government or divisions thereof, special purpose governmental entity, or any other entity able to utilize funds for the purposes set forth in KRS 202A.0811…

KRS 202A.0811 to 202A.0831 may be cited as Tim's Law. Effective:June 29, 2017

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…

(1) The court records of a respondent made in all proceedings pursuant to this chapter are hereby declared to be confidential and shall not be open to the general public for inspection except when such disclosure is provided in KRS 202A.016. (2) Twelve (12) months after the disch…

There shall be no privilege as to any relevant communications between qualified mental health professionals and patients. Qualified mental health professionals are authorized to disclose communications relating to diagnosis and treatment of the patient's mental condition in proce…

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…

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…

(1) The court which orders any person to the receiving hospital or psychiatric facility, under the provisions of this chapter shall immediately notify the receiving hospital or psychiatric facility that the order has been made, advising of the sex and condition of the person. (2)…

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…

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…

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…

(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…

(1) Upon the appearance of the person detained pursuant to KRS 202A.041 or upon the filing of a petition pursuant to KRS 202A.051 or 202A.0811, the court shall appoint an attorney to represent the respondent. The attorney shall be paid a fee fixed by the court not to exceed five …

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…

(1) 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…

The respondent shall be present at all hearings unless the respondent and his attorney intelligently waive respondent's right 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 should b…

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…

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…

(1) Hospitals ordered to receive an involuntarily hospitalized person shall have standing to petition the District Court for any necessary clarification or modification of orders or judgments entered in proceedings under this chapter and to appeal to the Circuit Court from final …

(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 …

(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 …

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 such detention and request that the Circuit Cour…

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…

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

Any person admitted to a hospital pursuant to the provisions of this chapter shall be initially examined by an authorized staff physician of the hospital or, with permission of the facility's governing body and in accordance with the applicable provisions of the facility's medica…

(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…

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

Except as provided otherwise in this chapter, an authorized staff physician of a hospital shall discharge an involuntary patient when he no longer meets the criteria for involuntary hospitalization.

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 …

(1) An authorized staff physician may release an involuntary patient on convalescent leave status when the physician concludes that the patient would not present a danger or a threat of danger to self or others if provided with continued medical supervision in a less restrictive …

If a patient undergoing involuntary treatment on an inpatient basis is absent from the hospital without, or in excess of authorization from the hospital staff, the person in charge or that person's designee may contact the appropriate sheriff or other peace officers who shall tak…

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…

(1) Each and every patient hospitalized under this chapter shall have the following rights: (a) The right to be adequately informed as to their individual treatment program; (b) The right to assist in the planning of their treatment program; (c) The right to refuse treatment subj…

(1) Every hospital approved under the provisions of this chapter shall have a review committee of three (3) qualified mental health professionals appointed by the hospital director. This review committee shall have the authority to review the appropriateness of a patient's indivi…

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 …

(1) When an inmate of any penal and correctional institution is reported by the staff of that institution to the Department of Corrections as being so mentally ill that he cannot be properly treated with the facilities at the disposal of the staff, the Department of Corrections s…

between facilities. (1) The cabinet may transfer mentally ill patients or patients with an intellectual disability between hospitals, between hospitals and forensic psychiatric facilities, between hospitals and residential treatment centers for individuals with an intellectual di…