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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
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 twentyfour (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
(4)
be treated by the cabinet, the court shall notify the cabinet of its order at once
and shall also advise the 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 1, 2015
History: Amended 2014 Ky. Acts ch. 132, sec. 52, effective July 1, 2015. -- 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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