2014 Kentucky Revised Statutes CHAPTER 202B - ADMISSION OF AN INDIVIDUAL WITH AN INTELLECTUAL DISABILITY 202B.160 Hearing procedures -- Rights of guardians and immediate family members.
Download as PDF
202B.160 Hearing procedures -- Rights of guardians and immediate family
members.
(1)
(2)
(3)
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 respondent shall be afforded an opportunity to testify,
to present witnesses, and to cross-examine any witnesses. The respondent
and the attorney for the respondent may waive respondent's right to a
preliminary hearing.
The final hearing may be conducted in an informal manner, consistent with
orderly procedures, and in a physical setting not likely to have a harmful effect
on the mental or physical health of the respondent. The hearing may be held
by the court in chambers, at an ICF/ID, or other suitable place. The respondent
shall be afforded an opportunity to testify, to present, and cross-examine any
witnesses. The manner of proceeding and the rules of evidence shall be the
same as those in any criminal proceeding, except that the standard of proof
shall be by clear and convincing evidence. Proceedings shall be heard by a
judge unless a party requests a jury trial. Neither the respondent nor the
respondent's attorney may waive the respondent's right to a final hearing.
Guardians and immediate family members of the respondent shall be allowed
to attend all hearings, conferences or similar proceedings; may be represented
by private counsel, if desired; may participate in the hearings or conferences as
if a party to the proceedings; may cross-examine witnesses if desired; and shall
have standing to appeal any adverse decision.
Effective:July 12, 2012
History: Amended 2012 Ky. Acts ch. 146, sec. 50, effective July 12, 2012. -Created 1990 Ky. Acts ch. 147, sec. 15, effective July 13, 1990.
Disclaimer: These codes may not be the most recent version. Kentucky may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.