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645.120 Emergency hospitalization.
(1)
(2)
(3)
If, as a result of mental illness, a child appears in need of immediate
hospitalization for observation, diagnosis, or treatment, a peace officer or any
interested person may either take the child to a hospital, mental health facility,
or another less restrictive alternative or file a petition for emergency
hospitalization. Upon filing a petition, a peace officer may place a child up to
twenty-four (24) hours, excluding weekends and holidays, in a hospital or
mental health facility or another less restrictive alternative. The peace officer
shall notify the court designated worker of the child's placement. Within twelve
(12) hours, the peace officer shall, if no other party can be found, file a petition,
unless the child has been taken to a hospital. No child held under this section
shall be held in a secure juvenile detention facility or juvenile holding facility
unless a status offense action or public offense action is also pending.
On the basis of a prompt examination and any other available information
concerning a child who is present at or presented at a hospital, an authorized
staff physician shall determine within twenty-four (24) hours if the child needs
immediate hospitalization after which the child shall be released within
seventy-two (72) hours unless the child is held pursuant to other provisions of
this chapter.
(a) The hospital may accept physical custody of the child and may request
the person who brought the child to remain on the premises until the
authorized staff physician makes a determination;
(b) If the authorized staff physician determines that the child, as a result of
mental illness, appears to need immediate hospitalization, the physician
shall admit the child for observation, diagnosis, and treatment, and shall,
if he deems it appropriate, file a certification petition. If the proponent of
emergency hospitalization is not the child's legal custodian, the hospital
shall immediately notify the child's parent or other person exercising
custodial control or supervision including, if applicable, the state; and
(c) If the authorized staff physician determines the child does not need
immediate hospitalization, the physician shall release the child to a
parent, person exercising custodial control or supervision, or an agency
having custody of the child and make whatever recommendations or
referrals the physician deems appropriate.
The petition for emergency hospitalization shall state the petitioner's belief,
including its factual basis, that the child, as a result of mental illness, needs
immediate hospitalization for observation, diagnosis, and treatment. Within
twenty-four (24) hours of the filing, exclusive of weekends and holidays, the
court shall on an ex parte basis, which may be by telephone:
(a) Deny the petition; or
(b) Issue an order authorizing a peace officer to transport the child to a
designated hospital or mental health facility for evaluation for emergency
hospitalization, at which time two (2) qualified mental health
professionals, at least one (1) of whom is an authorized staff physician,
shall follow the procedures specified in subsection (2) of this section. If
the child is committed to the cabinet or will be treated by the cabinet, the
court shall notify the cabinet of its order at once and shall also advise the
(4)
cabinet of the sex and condition of the child who is to be transported. The
peace officer may, upon agreement of a person authorized by the peace
officer, authorize the cabinet, a private agency on contract with the
cabinet, or an ambulance service designated by the cabinet to transport
the child to a hospital or mental health facility. The cabinet shall pay the
transportation costs of the child and the official transporting the child, both
to and from the designated hospital or mental health facility, in
accordance with an administrative regulation promulgated under KRS
Chapter 13A. If, after evaluation, the qualified mental health professional
finds that the child does not meet the criteria for involuntary
hospitalization, the child shall be released immediately and transported
back to the child's home county by an appropriate means of
transportation.
An emergency hospitalization of a child may not exceed seven (7) days,
exclusive of weekends and holidays, unless a certification petition is filed
before the seven (7) days expire.
Effective:July 15, 1994
History: Amended 1994 Ky. Acts ch. 498, sec. 17, effective July 15, 1994.
--Amended 1988 Ky. Acts ch. 350, sec. 118, effective April 10, 1988. -- Created
1986 Ky. Acts ch. 423, sec. 157, effective July 1, 1987.
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