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202A.051 Proceedings for 60-day and 360-day involuntary hospitalizations -Petition contents.
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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.
The petition and all subsequent court documents shall be entitled: "In the
interest of (name of respondent)."
The petition shall be filed by a qualified mental health professional, peace
officer, county attorney, Commonwealth's attorney, spouse, relative, friend, or
guardian of the individual concerning whom the petition is filed, or any other
interested person.
The petition shall set forth:
(a) Petitioner's relationship to the respondent;
(b) Respondent's name, residence, and current location, if known;
(c) The name and residence of respondent's parents, if living and if known,
or respondent's legal guardian, if any and if known;
(d) The name and residence of respondent's husband or wife, if any and if
known;
(e) The name and residence of the person having custody of the respondent,
if any, or if no such person is known, the name and residence of a near
relative or that the person is unknown;
(f) Petitioner's belief, including the factual basis therefor, that the respondent
is mentally ill and presents a danger or threat of danger to self, family or
others if not restrained; and
(g) If the petition seeks a three hundred sixty (360) day involuntary
hospitalization of the respondent, the petition shall further set forth that
the respondent has been hospitalized in a hospital or a forensic
psychiatric facility for a period of thirty (30) days under the provisions of
this chapter or KRS Chapter 504 within the preceding six (6) months.
Upon receipt of the petition, the court shall examine the petitioner under oath
as to the contents of the petition. If the petitioner is a qualified mental health
professional, the court may dispense with the examination.
If after reviewing the allegations contained in the petition and examining the
petitioner under oath, it appears to the court that there is probable cause to
believe the respondent should be involuntarily hospitalized, the court shall,
unless either the court or one (1) of the parties objects, implement the
procedures provided in KRS 202A.028 and order the individual to be examined
without unnecessary delay by a qualified mental health professional. If the
person is not being held under the provisions of this chapter, the court may
order that the sheriff of the county or other peace officer transport the person to
a hospital or psychiatric facility designated by the cabinet for the purpose of the
evaluation. The sheriff or other 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 person to a hospital or psychiatric facility. Following that, the
procedures as set forth in KRS 202A.028 shall be carried out. Otherwise, the
court shall:
(a) Set a date for a preliminary hearing within six (6) days from the date of
holding the person under the provisions of this section (excluding holidays
and weekends) to determine if there is probable cause to believe the
person should be involuntarily hospitalized;
(b) Notify the respondent, the legal guardian, if any, and if known, and the
spouse, parents, or nearest relative or friend of the respondent
concerning the allegations and contents of the petition and the date and
purpose of the preliminary hearing; and the name, address, and
telephone number of the attorney appointed to represent the respondent;
and
(c) Cause the respondent to be examined without unnecessary delay by two
(2) qualified mental health professionals, at least one (1) of whom is a
physician. The qualified mental health professionals shall certify within
twenty-four (24) hours (excluding weekends and holidays) their findings.
(7) (a) If the respondent is being presently held under the provisions of this
chapter, the court may order further holding of the respondent to
accomplish the examination ordered by the court.
(b) If the respondent is not being presently held under the provisions of this
chapter, the court may order that the sheriff of the county or a peace
officer transport the respondent to a hospital or a psychiatric facility
designated by the cabinet so that the respondent shall be examined
without unnecessary delay by two (2) qualified mental health
professionals, at least one (1) of whom is a physician. The sheriff or other
peace officer may authorize, upon agreement of a person authorized by
the peace officer, the cabinet, a private agency on contract with the
cabinet, or an ambulance service designated by the cabinet to transport
the person to a hospital or psychiatric facility.
(8) When the court is authorized to issue an order that the respondent be
transported to a hospital or psychiatric facility, the court may, in its discretion,
issue a summons. A summons so issued shall be directed to the respondent,
shall command the respondent to appear at a time and place therein specified
where the respondent shall be there examined by two (2) qualified mental
health professionals, at least one (1) of whom is a physician, and shall
command the respondent's appearance at the preliminary hearing. If a
respondent who has been summoned fails to appear for such examination or at
the preliminary hearing, the court may order that the sheriff of the county or a
peace officer transport the respondent to a hospital or psychiatric facility
designated by the cabinet for the purpose of an evaluation.
(9) If upon completion of the preliminary hearing, the court finds there is probable
cause to believe the respondent should be involuntarily hospitalized, the court
shall order a final hearing within twenty-one (21) days from the date of holding
the respondent under the provisions of this section to determine if the
respondent should be involuntarily hospitalized.
(10) If the court finds there is no probable cause, the proceedings against the
respondent shall be dismissed, and the respondent shall be released from any
holding.
(11) If upon completion of the final hearing, the court finds the respondent should
be involuntarily hospitalized, the court shall order the respondent hospitalized
in a hospital for a period not to exceed sixty (60) consecutive days from the
date of the court order or a period not to exceed three hundred sixty (360)
consecutive days from the date of the court order, whatever was the period of
time that was requested in the petition.
Effective:July 15, 1994
History: Amended 1994 Ky. Acts ch. 498, sec. 4, effective July 15, 1994. -Amended 1988 Ky. Acts ch. 139, sec. 5, effective July 15, 1988. -- Created 1982
Ky. Acts ch. 445, sec. 7, effective July 1, 1982.
Legislative Research Commission Note. This section was enacted in 1982 Acts,
Chapter 445, which contains the following language in Section 45 of that Act:
"This Act shall become effective on July 1, 1982." The Ky. Constitution, in
Section 55, requires that a reason be set forth for emergency. However, no
reason is set forth in this Act. The effective date for 1982 Acts with no
emergency provision is July 15, 1982.
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