AN ACT relating to judicial proceedings.

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AN ACT relating to judicial proceedings. 1
WHEREAS, it is the intent of this Commonwealth to promote, strengthen, and 2
encourage family life fo r the protection and care of children and to maintain the family 3
unit with an emphasis on the parent-child relationship; and 4
WHEREAS, the Commonwealth recognizes that parental incarceration is classified 5
as an adverse childhood experience. Multiple peer -reviewed studies demonstrate that 6
adverse childhood experiences contribute to poor mental and physical health outcomes 7
for children and increase the likelihood that a child will become involved with the 8
criminal justice system; and 9
WHEREAS, to prevent unnecessary harm to children caused by the separation from 10
a parent during incarceration, alternative sentences should be considered before a parent 11
is sentenced to a term of imprisonment; and 12
WHEREAS, this Act shall be interpreted to promote the family unit wit h an 13
emphasis on maintaining the parent -child relationship by providing mental health 14
treatment, substance use disorder treatment, parenting classes, educational or vocational 15
training, or other services, as appropriate, while ensuring public safety, reduc ing 16
recidivism, and making any victim whole through restitution; 17
NOW, THEREFORE, 18
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 19
Section 1. KRS 533.010 is amended to read as follows: 20
(1) Any person who has been convicted of a crime and who has not been sentenced to 21
death may be sentenced to probation, probation with an alternative sentencing plan, 22
or conditional discharge as provided in this chapter. 23
(2) Before imposition of a sentence of imprisonment, the court shall consider 24
probation, probation with an alternative sentencing plan, or conditional discharge. 25
Unless the defendant is a violent felon as defined in KRS 439.3401 or a statute 26
prohibits probation, shock probation, or conditional discharge, after due 27
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consideration of the defendant's risk and needs assessment, nature and 1
circumstances of the crime, and the history, character, and condition of the 2
defendant, including whether the defendant is a caretaker, probation or 3
conditional dis charge shall be granted, unless the court is of the opinion that 4
imprisonment is necessary for protection of the public because: 5
(a) There is substantial risk that during a period of probation or conditional 6
discharge the defendant will commit another crime; 7
(b) The defendant is in need of correctional treatment that can be provided most 8
effectively by [his ]commitment to a correctional institution; or 9
(c) A disposition under this chapter will unduly depreciate the seriousness of the 10
defendant's crime. 11
(3) In the event the court determines that probation is not appropriate after due 12
consideration of the defendant's risk and needs assessment, nature and 13
circumstances of the crime, and the history, character, and condition of the 14
defendant, including whether t he defendant is a caretaker, probation with an 15
alternative sentencing plan shall be granted unless the court is of the opinion that 16
imprisonment is necessary for the protection of the public because: 17
(a) There is a likelihood that during a period of probat ion with an alternative 18
sentencing plan or conditional discharge the defendant will commit a Class D 19
or Class C felony or a substantial risk that the defendant will commit a Class 20
B or Class A felony; 21
(b) The defendant is in need of correctional treatment that can be provided most 22
effectively by commitment to a correctional institution; or 23
(c) A disposition under this chapter will unduly depreciate the seriousness of the 24
defendant's crime. 25
(4) The court shall not determine that there is a likelihood that th e defendant will 26
commit a Class C or Class D felony based upon the defendant's risk and needs 27
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assessment and the fact that: 1
(a) The defendant has never been convicted of, pled guilty to, or entered an 2
Alford plea to a felony offense; 3
(b) If convicted of, h aving pled guilty to, or having entered an Alford plea to a 4
felony offense, the defendant successfully completed probation more than ten 5
(10) years immediately prior to the date of the commission of the felony for 6
which the defendant is now being sentenced and has had no intervening 7
convictions, pleas of guilty, or Alford pleas to any criminal offense during 8
that period; or 9
(c) The defendant has been released from incarceration for the commission of a 10
felony offense more than ten (10) years immediately prio r to the date of the 11
commission of the felony for which the defendant is now being sentenced and 12
has had no intervening convictions, pleas of guilty, or Alford pleas to any 13
criminal offense during that period. 14
(5) In making a determination under subsection (4) of this section, the court may 15
determine that the greater weight of the evidence indicates that there is a likelihood 16
that the defendant will commit a Class C or Class D felony. 17
(6) In determining whether a defendant is a caretaker as described in sub sections (2) 18
and (3) of this section, the court shall consider evidence presented to the court 19
that the defendant: 20
(a) Has consistently assumed responsibility for the housing, health, education, 21
safety, or support of a dependent child, family member, or an y other person 22
identified by the court as being reliant on the defendant for support; or 23
(b) Is a woman who has given birth to a child while awaiting her sentencing 24
hearing, or who remains pregnant while awaiting her sentencing hearing. 25
(7) Upon initial se ntencing of a defendant or upon modification or revocation of 26
probation, when the court deems it in the best interest of the public and the 27
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defendant, the court may order probation with the defendant to serve one (1) of the 1
following alternative sentences: 2
(a) To a halfway house for no more than twelve (12) months; 3
(b) To home incarceration with or without work release for no more than twelve 4
(12) months; 5
(c) To jail for a period not to exceed twelve (12) months with or without work 6
release, community service and other programs as required by the court; 7
(d) To a residential treatment program for the abuse of alcohol or controlled 8
substances; 9
(e) To a reentry center for no more than twelve (12) months; or 10
(f) To any other specified counseling program, rehabil itation or treatment 11
program, or facility , including but not limited to one (1) of more of the 12
following: 13
1. Substance use disorder treatment and prevention services; 14
2. Domestic violence education and prevention services; 15
3. Child abuse treatment and prevention services; 16
4. Parenting classes; 17
5. Anger management; 18
6. Vocational and educational training; 19
7. Targeted case management services that assist with access to 20
transportation and affordable and safe housing; 21
8. Literacy and financial literacy training; 22
9. Individual counseling and therapy; 23
10. Family counseling when there is no known history of family or 24
intimate partner violence; 25
11. Referral to local domestic violence resources for voluntary 26
participation; and 27
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12. Restorative practices designed to make the participant accountable to 1
the victim, when there is an identified victim and when it is safe to do 2
so. 3
(8)[(7)] If during the term of the alternative sentence the defendant fails to adhere to 4
and complete the conditions of the alternative sentence, the court may modify the 5
terms of the alternative sentence or may modify or revoke probation and alternative 6
sentence and commit the defendant to an institution. 7
(9)[(8)] In addition to those conditions that the court may impo se, the conditions of 8
alternative sentence shall include the following and, if the court determines that the 9
defendant cannot comply with them, then they shall not be made available: 10
(a) A defendant sentenced to a halfway house shall: 11
1. Be working or pursuing his or her education or be enrolled in a full -time 12
treatment program; 13
2. Pay restitution during the term of probation; and 14
3. Have no contact with the victim of the defendant's crime; 15
(b) A defendant sentenced to home incarceration shall: 16
1. Be employ ed by another person or self -employed at the time of 17
sentencing to home incarceration and continue the employment 18
throughout the period of home incarceration, unless the court determines 19
that there is a compelling reason to allow home incarceration while t he 20
defendant is unemployed; 21
2. Pay restitution during the term of home incarceration; 22
3. Enter a treatment program, if appropriate; 23
4. Pay all or some portion of the cost of home incarceration as determined 24
by the court; 25
5. Comply with other conditions as specified; and 26
6. Have no contact with the victim of the defendant's crime; 27
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(c) A defendant sentenced to jail with community service shall: 1
1. Pay restitution during all or some part of the defendant's term of 2
probation; and 3
2. Have no contact with the victim of the defendant's crime; 4
(d) A defendant sentenced to a residential treatment program for drug and alcohol 5
abuse shall: 6
1. Undergo mandatory drug screening during term of probation; 7
2. Be subject to active, supervised probation for a term of five (5) years; 8
3. Undergo aftercare as required by the treatment program; 9
4. Pay restitution during the term of probation; and 10
5. Have no contact with the victim of the defendant's crime; or 11
(e) A defendant sentenced to a reentry center shall: 12
1. Be employed in the community or working in a vocational program at 13
the reentry center; 14
2. Be enrolled in a treatment program; 15
3. Pay restitution, fees, and fines during the term of probation; and 16
4. Comply with other conditions as specified. 17
(10)[(9)] When the court deems it in the best interest of the defendant and the public, 18
the court may order the defendant[person] to work at community service related 19
projects under the terms and conditions specified in KRS 533.070. Work at 20
community service related projects shall be considered as a form of conditional 21
discharge. 22
(11)[(10)] Probation with alternative sentence shall not be available as set out in KRS 23
532.045 and 533.060, except as provided in KRS 533.030(6). 24
(12)[(11)] The court may utilize a community corrections program authorized or funded 25
under KRS Chapter 196 to provide services to any person released under this 26
section. 27
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(13)[(12)] When the court deems it in the best interest of the defendant and the p ublic, 1
the court may order the defendant to placement for probation monitoring by a 2
private agency. The private agency shall report to the court on the defendant's 3
compliance with his or her terms of probation or conditional discharge. The 4
defendant shall be responsible for any reasonable charges which the private agency 5
charges. 6
(14)[(13)] The jailer in each county incarcerating Class C or D felons may deny work 7
release privileges to any defendant for violating standards of discipline or other jail 8
regulations. The jailer shall report the action taken and the details of the violation 9
on which the action was based to the court of jurisdiction within five (5) days of the 10
violation. 11
(15)[(14)] The Department of Corrections shall, by administrative regulation, develop 12
written criteria for work release privileges granted under this section. 13
(16)[(15)] Reimbursement of incarceration costs shall be paid directly to the jailer in the 14
amount specified by written order of the court. Incarceration costs owed to the 15
Department of Corrections shall be paid through the circuit clerk. 16
(17)[(16)] The court shall enter into the record written findings of fact and conclusions 17
of law when considering implementation of any sentence under this section. 18
SECTION 2. A NEW SECTION OF KRS CHAPTER 403 IS CREATED TO 19
READ AS FOLLOWS: 20
In any proceeding for child custody under this chapter where the court has made a 21
finding that a party has committed domestic violence and abuse as defined in KRS 22
403.720 against another party to the proceeding or a child of the parties: 23
(1) The court shall not remove custody from or reduce the parenting time of the 24
nonoffending party to whom the child is bonded or attached if the court finds that 25
the: 26
(a) Nonoffending party is competent and not abusive; and 27
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(b) Removal would be solely for purposes of improving the relationship between 1
the child and the offending party; and 2
(2) Any order to remediate resistance of a child to contact with a violent or abusive 3
parent shall primarily address the behavior of that parent. 4
Section 3. KRS 403.270 is amended to read as follows: 5
(1) (a) As used in this chapter and KRS 405.020, unless the context requires 6
otherwise, "de facto custodian" means a person who has been shown by clear 7
and convincing evidence to have been the primary caregiver for, and financial 8
supporter of, a child who within t he last two (2) years has resided with the 9
person for an aggregate period of six (6) months or more if the child is under 10
three (3) years of age and for an aggregate period of one (1) year or more if 11
the child is three (3) years of age or older or has been placed by the 12
Department for Community Based Services. Any period of time after a legal 13
proceeding has been commenced by a parent seeking to regain custody of the 14
child shall not be included in determining whether the child has resided with 15
the person for the required minimum period. 16
(b) A person shall not be a de facto custodian until a court determines by clear 17
and convincing evidence that the person meets the definition of de facto 18
custodian established in paragraph (a) of this subsection. Once a court 19
determines that a person meets the definition of de facto custodian, the court 20
shall give the person the same standing in custody matters that is given to 21
each parent under this section and KRS 403.280, 403.340, 403.350, 403.822, 22
and 405.020. 23
(2) The court shall determine custody in accord ance with the best interests of the child 24
and equal consideration shall be given to each parent and to any de facto custodian. 25
Subject to KRS 403.315, there shall be a presumption, rebuttable by a 26
preponderance of evidence, that joint custody and equally s hared parenting time is 27
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in the best interests[interest] of the child. If a deviation from equal parenting time is 1
warranted, the court shall construct a parenting time schedule which maximizes the 2
time each parent or de facto custodian has with the child a nd is consistent with 3
ensuring the child's welfare. [The court shall consider all relevant factors 4
including:] 5
(3) In making a determination of custody, the court shall, prior to consideration of 6
any other factors enumerated in subsection (4) of this section: 7
(a) Consider any allegations of: 8
1. Domestic violence and abuse as defined in KRS 403.720; or 9
2. An abused or neglected child as defined in KRS 600.020; 10
committed by one (1) party against another party or a child of the parties; 11
and 12
(b) Make written findings on the record as to the impact, if any, of the 13
allegations described in paragraph (a) of this subsection on the child. 14
(4) After making the consideration required in subsection (3) of this section, the 15
court shall consider all other factors releva nt to the determination of custody 16
including: 17
(a) The wishes of the child's parent or parents, and any de facto custodian, as to 18
his or her custody; 19
(b) The wishes of the child as to his or her custodian, with due consideration 20
given to the influence a parent or de facto custodian may have over the child's 21
wishes; 22
(c) The interaction and interrelationship of the child with his or her parent or 23
parents, his or her siblings, and any other person who may significantly affect 24
the child's best interests; 25
(d) The motivation of the adults participating in the custody proceeding; 26
(e) The child's adjustment and continuing proximity to his or her home, school, 27
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and community; 1
(f) The mental and physical health of all individuals involved; 2
(g) A finding by the court tha t domestic violence and abuse, as defined in KRS 3
403.720, has been committed by one (1) of the parties against a child of the 4
parties or against another party. The court shall determine the extent to which 5
the domestic violence and abuse has affected the c hild and the child's 6
relationship to each party, with due consideration given to efforts made by a 7
party toward the completion of any domestic violence treatment, counseling, 8
or program; 9
(h) A finding by the court that a party has maliciously made an inten tionally 10
false allegation of child abuse which has no basis in fact and which the 11
party knew had no basis in fact against another party; 12
(i)[(h)] The extent to which the child has been cared for, nurtured, and 13
supported by any de facto custodian; 14
(j)[(i)] The intent of the parent or parents in placing the child with a de facto 15
custodian; 16
(k)[(j)] The circumstances under which the child was placed or allowed to 17
remain in the custody of a de facto custodian, including whether the parent 18
now seeking custody wa s previously prevented from doing so as a result of 19
domestic violence as defined in KRS 403.720 and whether the child was 20
placed with a de facto custodian to allow the parent now seeking custody to 21
seek employment, work, or attend school; and 22
(l)[(k)] The likelihood a party will allow the child frequent, meaningful, and 23
continuing contact with the other parent or de facto custodian, except that the 24
court shall not consider this likelihood if there is a finding that the other 25
parent or de facto custodian eng aged in domestic violence and abuse, as 26
defined in KRS 403.720, against the party or a child and that a continuing 27
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relationship with the other parent will endanger the health or safety of either 1
that party or the child. 2
(5)[(3)] The abandonment of the fami ly residence by a custodial party shall not be 3
considered where that[said] party was physically harmed or was seriously 4
threatened with physical harm by his or her spouse, when the[such] harm or threat 5
of harm was causally related to the abandonment. 6
(6)[(4)] If the court grants custody to a de facto custodian, the de facto custodian shall 7
have legal custody under the laws of the Commonwealth. 8
Section 4. KRS 403.290 is amended to read as follows: 9
(1) The court may intervi ew the child in chambers to ascertain the child's wishes as to 10
his or her custodian and as to visitation. The court may permit counsel to be present 11
at the interview. The court shall cause a record of the interview to be made and to 12
be part of the record in the case. 13
(2) The court may seek the advice of professional personnel, whether or not employed 14
by the court on a regular basis. The advice given shall be in writing and made 15
available by the court to counsel upon request. Counsel may examine as a witness 16
any professional personnel consulted by the court. 17
(3) (a) Paid visitation supe rvisors and parenting coordinators in a custody 18
proceeding under this chapter, whether appointed by the court or engaged 19
by one (1) or more parties, shall document participation training focused on 20
the following: 21
1. Early childhood, child, and adolescent development; 22
2. Dynamics of domestic violence; 23
3. Effects of domestic violence on adult and child victims; 24
4. Lethality and risk issues; 25
5. Model protocols for addressing domestic violence; 26
6. Available community resources and victim services; and 27
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7. For pa id visitation supervisors, the role of the paid supervisor and 1
ethical principles of supervising visitation. 2
(b) The training described in paragraph (a) of this subsection shall consist of: 3
1. Sixteen (16) hours of initial training before the paid visitati on 4
supervisor or parenting coordinator is eligible to provide services to a 5
party to a custody proceeding; and 6
2. Eight (8) hours annually thereafter. 7
Section 5. KRS 403.315 is amended to read as follows: 8
(1) When determ ining or modifying a custody order pursuant to KRS 403.270, 9
403.280, 403.340, or 403.740, the court shall consider the safety and well -being of 10
the parties and of the children. If a domestic violence order is being or has been 11
entered against a party by an other party or on behalf of a child at issue in the 12
custody hearing, the presumption that joint custody and equally shared parenting 13
time is in the best interests[interest] of the child shall not apply as to the party 14
against whom the domestic violence ord er is being or has been entered. The court 15
shall weigh all factors set out in Section 3 of this Act [ KRS 403.270(2)] in 16
determining the best interests[interest] of the child. 17
(2) There shall be a presumption, rebuttable by a preponderance of the evidence, that 18
joint custody and equally shared parenting time is not in the best interests of the 19
child if the court finds that a party has committed two (2) or more acts of 20
domestic violence and abuse as defined in KRS 403.720 against another party. 21
(3) (a) The co urt shall not make an award of custody or grant unsupervised 22
visitation with the child to a party who is found to have committed two (2) or 23
more acts of domestic violence or abuse as defined in KRS 403.720 against 24
another party unless that party has: 25
1. Completed: 26
a. A batterer's intervention program provided by a certified 27
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provider pursuant to 920 KAR 5:020; 1
b. Parenting classes; and 2
c. Substance use and mental health assessments and any 3
recommended corresponding treatments; and 4
2. Participated in supervised visitation. 5
(b) Following a party's completion of the requirements in paragraph (a) of this 6
subsection, the court shall conduct an evidentiary hearing before ordering 7
unsupervised visitation to that party and a second or subsequent hearing 8
before awarding custodial rights to that party. 9
Section 6. KRS 403.727 is amended to read as follows: 10
(1) Any petition filed under KRS 403.725 on behalf of a minor who is alleged to be a 11
victim of domestic violence and abuse, or in which a minor is named as a 12
respondent or petitioner, shall comply with the requirements in that section and 13
shall: 14
(a) Proceed in accordance with the procedural safeguards under KRS 610.070; 15
and 16
(b) Conform to the confidentiality provisions under KRS 610.340. 17
(2) (a) If the court orders an evidentiary hearing under KRS 403.730(1)(a), a 18
guardian ad litem shall be appointed for any unrepresented minor who is a 19
respondent to the action or a petitioner who is an alleged victim of domestic 20
violence and abuse. 21
(b) The guardian ad litem shall be paid a fee fixed by the court not to exceed five 22
hundred dollars ($500), which shall be paid by the Finance and 23
Administration Cabinet. 24
(3) A victim advocate as defined in KRS 421.570: 25
(a) Shall be permitted to attend the evidentiary hearing to offer advocacy 26
services pursuant to KRS 421.575 to the minor petitioner or the adult who 27
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has filed the petition on behalf of the minor; and 1
(b) Shall not be excluded from the evidentiary hearing unless the: 2
1. Minor petitioner or adult who has f iled the petition on behalf of the 3
minor declines the services offered; or 4
2. Court, upon motion and for good cause shown, determines that the 5
exclusion is in the best interests of the minor petitioner. 6
(4)[(3)] Violation of the terms or conditions of an o rder of protection issued under 7
KRS 403.740 after the person has been served or given notice of the order shall 8
constitute contempt of court and may constitute a criminal offense pursuant to KRS 9
403.763 if the offender is an adult or a public offense under KRS 600.020[(51)] if 10
the offender is a juvenile. Once a juvenile action or contempt proceeding has been 11
initiated, the other shall not be undertaken regardless of the outcome of the original 12
proceeding. 13
(5)[(4)] Nothing in subsection (4)[(3)] of this sect ion shall preclude the 14
Commonwealth from proceeding, or the petitioner from pursuing charges, against 15
the minor respondent for offenses other than a violation of an order of protection. 16
Proceedings against a minor respondent for offenses other than a viola tion of an 17
order of protection shall proceed: 18
(a) In the juvenile session of District Court; and 19
(b) In accordance with the procedural and statutory provisions established for the 20
juvenile session of District Court. 21
Section 7. KRS 456.035 is amended to read as follows: 22
(1) Any petition filed under KRS 456.030 on behalf of a minor who is an alleged 23
victim of dating violence and abuse, sexual assault, or stalking, or in which a minor 24
is named as a respondent or petitioner, shall comply with the requirements in that 25
section and shall: 26
(a) Proceed in accordance with the procedural safeguards under KRS 610.070; 27
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and 1
(b) Conform to the confidentiality provisions under KRS 610.340. 2
(2) (a) If the court orders an evidentiary hearin g under KRS 456.040(1)(a), a 3
guardian ad litem shall be appointed for any unrepresented minor who is a 4
respondent to the action or a petitioner who is an alleged victim of dating 5
violence and abuse, sexual assault, or stalking. 6
(b) The guardian ad litem shall be paid a fee fixed by the court not to exceed five 7
hundred dollars ($500), which shall be paid by the Finance and 8
Administration Cabinet. 9
(3) A victim advocate as defined in KRS 421.570: 10
(a) Shall be permitted to attend the evidentiary hearing to off er advocacy 11
services pursuant to KRS 421.575 to the minor petitioner or the adult who 12
has filed the petition on behalf of the minor; and 13
(b) Shall not be excluded from the evidentiary hearing unless the: 14
1. Minor petitioner or adult who has filed the petit ion on behalf of the 15
minor declines the services offered; or 16
2. Court, upon motion and for good cause shown, determines that the 17
exclusion is in the best interests of the minor petitioner. 18
(4)[(3)] Violation of the terms or conditions of an order of protec tion issued under 19
KRS 456.060 after the person has been served or given notice of the order shall 20
constitute contempt of court and may constitute a criminal offense pursuant to KRS 21
456.180 if the offender is an adult or a public offense under KRS 600.020 [(51)] if 22
the offender is a juvenile. Once a juvenile action or contempt proceeding has been 23
initiated, the other shall not be undertaken regardless of the outcome of the original 24
proceeding. 25
(5)[(4)] Nothing in subsection (4)[(3)] of this section shall prec lude the 26
Commonwealth from proceeding, or the petitioner from pursuing charges, against 27
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the minor respondent for offenses other than a violation of an order of protection. 1
Proceedings against a minor respondent for offenses other than a violation of an 2
order of protection shall proceed: 3
(a) In the juvenile session of District Court; and 4
(b) In accordance with the procedural and statutory provisions established for the 5
juvenile session of District Court. 6
Section 8. KRS 202A.011 is amended to read as follows: 7
As used in this chapter, unless the context otherwise requires: 8
(1) "Authorized staff physician" means a physician who is a bona fide member of the 9
hospital's medical staff; 10
(2) "Benefit from treatment" means the desired outcomes of treatment in a 11
psychiatric hospital for an individual with a mental illne ss, including but not 12
limited to: 13
(a) Symptom management and increased stability; 14
(b) A lessening of irrational thoughts and behaviors; 15
(c) Reduced risk of harm; or 16
(d) Acquisition of skills for self -care and for interacting and living in the 17
community; 18
(3) "Cabinet" means the [Kentucky ]Cabinet for Health and Family Services; 19
(4)[(3)] "Contract mental health evaluator" means a qualified mental health 20
professional who is employed by or under contract with a community mental health 21
center, crisis stabilization unit, mental institution, or any other facility designated by 22
the secretary to provide mental health evaluations to determine whether an 23
individual meets the criteria for involuntary hospitalization; 24
(5)[(4)] "Danger" or "threat of danger to self, famil y, or others" means , as a result of 25
mental illness, a person: 26
(a) Presents a substantial risk of serious physical harm to[or threat of substantial 27
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physical harm upon] self, family, or others as evidenced by recent behavior, 1
threats, or conduct demonstrating such risk;[,] 2
(b) Has attempted or threatened suicide or has expressed suicidal ideations and 3
there is a reasonable probability of serious self -harm unless prompt and 4
adequate treatment is provided; 5
(c) Is unable without supervision or assistance to provide for [including actions 6
which deprive self, family, or others of the] basic personal needs,[means of 7
survival] including provision for reasonable shelter, food, [or ] clothing, or 8
medical care, so that there exists a substantial likelihood of death, serious 9
physical injury, or serious physical debilitation. For purposes of this 10
paragraph, a person shall be deemed unable to provide for basic personal 11
needs even if a guardian, family member, or friend is willing and able to 12
provide assistance; or 13
(d) Is experiencing psychiatric deterioration, demonstrated by a substantial 14
decline in functioning from the person's baseline, such that the person's 15
judgment, insight, or ability to recognize the need for treatment is impaired, 16
and without intervention, the person's condition will predictably result in: 17
1. A substantial risk of serious physical harm to self, family, or others; 18
2. Serious physical debilitation or self-neglect; or 19
3. Further loss of abil ity to engage in safe or necessary self -care or to 20
voluntarily seek needed treatment; 21
(6)[(5)] "Forensic psychiatric facility" means a mental institution or facility, or part 22
thereof, designated by the secretary for the purpose and function of providing 23
inpatient evaluation, care, and treatment for [mentally ill persons or ] individuals 24
with an intellectual disability or mental illness , who have been charged with or 25
convicted of a felony; 26
(7)[(6)] "Hospital" means: 27
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(a) A state mental hospital or institution or other licensed public or private 1
hospital, institution, health -care facility, or part thereof, approved by the 2
cabinet[Kentucky Cabinet for Health and Family Services] as equipped to 3
provide full -time residential care and treatment for [mentally ill pe rsons or 4
]individuals with an intellectual disability or mental illness; or 5
(b) A hospital, institution, or health -care facility of the government of the United 6
States equipped to provide residential care and treatment for [mentally ill 7
persons or ]individuals with an intellectual disability or mental illness; 8
(8) "Individual with a mental illness" means a person with substantially impaired 9
capacity to use self-control, judgment, or discretion in the conduct of the person's 10
affairs and social relations, ass ociated with maladaptive behavior or recognized 11
emotional symptoms where impaired capacity, maladaptive behavior, or 12
emotional symptoms can be related to physiological, psychological, or social 13
factors; 14
(9)[(7)] "Judge" means any judge or justice of the Co urt of Justice or a trial 15
commissioner of the District Court acting under authority of SCR 5.030; 16
(10)[(8)] "Least restrictive alternative mode of treatment" means that treatment which 17
will give an[a mentally ill] individual with a mental illness a realistic opportunity 18
to improve the individual's level of functioning, consistent with accepted 19
professional practice in the least confining setting available;[ 20
(9) "Mentally ill person" means a person with substantially impaired capacity to use 21
self-control, judgment, or discretion in the conduct of the person's affairs and social 22
relations, associated with maladapti ve behavior or recognized emotional symptoms 23
where impaired capacity, maladaptive behavior, or emotional symptoms can be 24
related to physiological, psychological, or social factors;] 25
(11)[(10)] "Patient" means a person under observation, care, or treatment in a hospital 26
pursuant to the provisions of this chapter; 27
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(12)[(11)] "Petitioner" means a person who institutes a proceeding under this chapter; 1
(13)[(12)] "Psychiatric facility" means a crisis stabilization unit or any facility licensed 2
by the cabinet and which provides inpatient, outpatient, psychosocial rehabilitation, 3
emergency, and consultation and education services for the diagnosis and treatment 4
of persons who have a mental illness; 5
(14)[(13)] "Qualified mental health professional" means: 6
(a) A phys ician licensed under the laws of Kentucky to practice medicine or 7
osteopathy, or a medical officer of the government of the United States while 8
engaged in the performance of official duties; 9
(b) A psychiatrist licensed under the laws of Kentucky to practic e medicine or 10
osteopathy, or a medical officer of the government of the United States while 11
engaged in the practice of official duties, who is certified or eligible to apply 12
for certification by the American Board of Psychiatry and Neurology, Inc.; 13
(c) A psychologist with the health service provider designation, a psychological 14
practitioner, a certified psychologist, or a psychological associate, licensed 15
under the provisions of KRS Chapter 319; 16
(d) A licensed registered nurse with a master's degree in psyc hiatric nursing from 17
an accredited institution and two (2) years of clinical experience with 18
individuals with a mental illness [mentally ill persons] , or a licensed 19
registered nurse, with a bachelor's degree in nursing from an accredited 20
institution, who is certified as a psychiatric and mental health nurse by the 21
American Nurses Association and who has three (3) years of inpatient or 22
outpatient clinical experience in psychiatric nursing and is currently employed 23
by a hospital or forensic psychiatric facility licensed by the Commonwealth or 24
a psychiatric unit of a general hospital or a private agency or company 25
engaged in the provision of mental health services or a regional community 26
program for mental health and individuals with an intellectual disability; 27
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(e) A licensed clinical social worker licensed under the provisions of KRS 1
335.100, or a certified social worker licensed under the provisions of KRS 2
335.080 with three (3) years of inpatient or outpatient clinical experience in 3
psychiatric social work and currently employed by a hospital or forensic 4
psychiatric facility licensed by the Commonwealth or a psychiatric unit of a 5
general hospital or a private agency or company engaged in the provision of 6
mental health services or a regional community program for mental health and 7
individuals with an intellectual disability; 8
(f) A marriage and family therapist licensed under the provisions of KRS 9
335.300 to 335.399 with three (3) years of inpatient or outpatient clinical 10
experience in psychiatric mental health pr actice and currently employed by a 11
hospital or forensic facility licensed by the Commonwealth, a psychiatric unit 12
of a general hospital, a private agency or company engaged in providing 13
mental health services, or a regional community program for mental hea lth 14
and individuals with an intellectual disability; 15
(g) A professional counselor credentialed under the provisions of KRS Chapter 16
335.500 to 335.599 with three (3) years of inpatient or outpatient clinical 17
experience in psychiatric mental health practice and currently employed by a 18
hospital or forensic facility licensed by the Commonwealth, a psychiatric unit 19
of a general hospital, a private agency or company engaged in providing 20
mental health services, or a regional community program for mental health 21
and individuals with an intellectual disability; or 22
(h) A physician assistant licensed under KRS 311.840 to 311.862, who meets one 23
(1) of the following requirements: 24
1. Provides documentation that he or she has completed a psychiatric 25
residency program for physician assistants; 26
2. Has completed at least one thousand (1,000) hours of clinical experience 27
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under a supervising physician, as defined by KRS 311.840, who is a 1
psychiatrist and is certified or eligible for certification by the American 2
Board of Psychiatry and Neurology, Inc.; 3
3. Holds a master's degree from a physician assistant program accredited 4
by the Accreditation Review Commission on Education for the 5
Physician Assistant or its predecessor or successor agencies, is 6
practicing under a supervising phy sician as defined by KRS 311.840, 7
and: 8
a. Has two (2) years of clinical experience in the assessment, 9
evaluation, and treatment of mental disorders; or 10
b. Has been employed by a hospital or forensic psychiatric facility 11
licensed by the Commonwealth or a ps ychiatric unit of a general 12
hospital or a private agency or company engaged in the provision 13
of mental health services or a regional community program for 14
mental health and individuals with an intellectual disability for at 15
least two (2) years; or 16
4. Holds a bachelor's degree, possesses a current physician assistant 17
certificate issued by the board prior to July 15, 2002, is practicing under 18
a supervising physician as defined by KRS 311.840, and: 19
a. Has three (3) years of clinical experience in the assessmen t, 20
evaluation, and treatment of mental disorders; or 21
b. Has been employed by a hospital or forensic psychiatric facility 22
licensed by the Commonwealth or a psychiatric unit of a general 23
hospital or a private agency or company engaged in the provision 24
of men tal health services or a regional community program for 25
mental health and individuals with an intellectual disability for at 26
least three (3) years; 27
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(15)[(14)] "Residence" means legal residence as determined by applicable principles 1
governing conflicts of law; 2
(16)[(15)] "Respondent" means a person alleged in a hearing under this chapter to be [a 3
mentally ill person or ] an individual with an intellectual disability or mental 4
illness;[ and] 5
(17)[(16)] "Secretary" means the secretary of the Cabinet for Health and Family 6
Services[.]; and 7
(18) "Serious mental illness": 8
(a) Means a diagnosable mental, behavioral, or emotional disor der that causes 9
significant functional impairment that substantially interferes with or limits 10
major life activities, including but not limited to: 11
1. Severe cognitive difficulties, including disorganized thinking, 12
delusions, hallucinations, or memory impairment; or 13
2. Extreme mood fluctuations, apathy, or lack of motivation; and 14
(b) Includes but is not limited to the following disorders: 15
1. Schizophrenia spectrum and other psychotic disorders; 16
2. Bipolar and related disorders; and 17
3. Major depressive disorders that require treatment. 18
Section 9. KRS 202A.028 is amended to read as follows: 19
(1) Prior to completion of an examination by a qualified mental health professional 20
under this section, the professional shall make a good -faith attempt to contact the 21
petitioner to obtain any additional relevant information necessary to the petition. 22
(2) (a) Prior to the release of a person subject to an examination under this 23
section, the county attorney may make an ex parte motion for a certification 24
review hearing. The court shall review the ex parte motion upon its receipt. 25
(b) If the review indicates that the person presents an imminent threat of 26
danger to self, family, or others, the court shall order the qualified mental 27
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health professional to immediately notify the court if the professional has 1
certified that the person: 2
1. Is an individual with a mental illness; 3
2. Presents a danger or threat of danger to self, family, or others as a 4
result of the mental illness; and 5
3. Does not meet all the criteria for involuntary hospitalization under 6
Section 34 of this Act. 7
(c) The court shall review the certificati on under paragraph (b) of this 8
subsection and consider if the person has been the subject of proceedings 9
under this chapter, prior to the current proceeding, and is exhibiting an 10
escalation of dangerous behavior. After review, the court may: 11
1. Order the p erson to be hospitalized in a place designated by the 12
cabinet until the certification review hearing is held within forty -eight 13
(48) hours, excluding weekends and holidays; 14
2. Release the person, subject to reasonable conditions, and set the 15
certification review hearing to be held within forty -eight (48) hours, 16
excluding weekends and holidays; or 17
3. Deny the county attorney's motion for a certification review and 18
authorize the release of the person. 19
(d) 1. At the certification review hearing, the person sha ll be appointed 20
counsel who may present evidence and cross examine witnesses on the 21
person's behalf. 22
2. The qualified mental health professional that performed the 23
examination shall testify about the certification under paragraph (b) 24
of this subsection. This testimony may be given remotely. 25
3. Notwithstanding subparagraph 2. of this paragraph, the court may 26
accept the certification under paragraph (b) of this subsection in lieu 27
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of testimony upon agreement of all parties and stipulation of the 1
person that he or she meets the criteria for involuntary hospitalization 2
under Section 34 of this Act, provided that outpatient treatment is 3
determined to be the least restrictive mode of treatment. 4
(e) Upon conclusion of the certification review hearing, if the court f inds by 5
clear and convincing evidence that the person is an individual with a mental 6
illness who presents a danger or threat of danger to self, family, or others as 7
a result of the mental illness, who may reasonably benefit from court -8
ordered outpatient tr eatment or release with other reasonable conditions, 9
and for whom court -ordered outpatient treatment or release with other 10
reasonable conditions is the least restrictive alternative mode of treatment 11
available, the court may order the person to: 12
1. Receive community-based outpatient treatment that shall not exceed 13
three hundred sixty (360) days and comply with any other reasonable 14
conditions necessary to ensure compliance; or 15
2. Be released with any reasonable conditions necessary to ensure the 16
safety of se lf, family, or others and avoid readmittance to a hospital 17
setting. 18
(3) (a) Failure to comply with an order for community -based outpatient treatment 19
or release with conditions under subsection (2)(e) of this section shall not be 20
grounds to find the person in contempt of court but shall be prima facie 21
evidence that: 22
1. The person can benefit from inpatient hospitalization; and 23
2. Inpatient hospitalization is the least restrictive mode of treatment. 24
(b) If a new petition for involuntary hospitalization is filed within twelve (12) 25
months of an order for community -based outpatient trea tment or release 26
with conditions under subsection (2)(e) of this section, the clerk of the court 27
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shall provide the prior order to: 1
1. The court with the petition for involuntary hospitalization; and 2
2. The qualified mental health professional along with th e court's order 3
for examination. 4
(c) The qualified mental health professional who conducts the examination as 5
described under paragraph (b)2. of this subsection shall independently 6
evaluate the person, considering the person's prior order for community -7
based outpatient treatment or release with conditions, and certify whether 8
he or she meets the criteria for involuntary hospitalization under Section 34 9
of this Act. 10
(d) A person shall not be involuntarily hospitalized based solely on his or her 11
failure to co mply with a prior order for community -based outpatient 12
treatment or release with conditions. 13
(4) Following an examination by a qualified mental health professional and a 14
certification by that professional that the person meets the criteria for involuntary 15
hospitalization, a judge may order the person hospitalized for a period not to exceed 16
seventy-two (72) hours, excluding weekends and holidays. For the purposes of this 17
section, the qualified mental health professional shall be: 18
(a) A staff member of a regi onal community program for mental health or 19
individuals with an intellectual disability; 20
(b) An individual qualified and licensed to perform the examination through the 21
use of telehealth services; or 22
(c) The psychiatrist ordered, subject to the court's dis cretion, to perform the 23
required examination. 24
(5)[(2)] Any person who has been admitted to a hospital under subsection (1) of this 25
section shall be released from the hospital within seventy-two (72) hours, excluding 26
weekends and holidays, unless further he ld under the applicable provisions of this 27
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chapter. 1
(6)[(3)] (a) Any person admitted to a hospital under subsection (1) of this section or 2
transferred to a hospital while ordered hospitalized under subsection (1) of 3
this section shall be transported from t he person's home county by the sheriff 4
of that county or other peace officer as ordered by the court. 5
(b) The sheriff or other peace officer may, upon agreement of a person authorized 6
by the peace officer, authorize the cabinet, a private agency on contrac t with 7
the cabinet, or an ambulance service designated by the cabinet to transport the 8
person to the hospital. 9
(c) The transportation costs of the sheriff, other peace officer, ambulance service, 10
or other private agency on contract with the cabinet shall b e paid by the 11
cabinet in accordance with an administrative regulation promulgated by the 12
cabinet in accordance with[, pursuant to] KRS Chapter 13A. 13
(7)[(4)] (a) Any person released from the hospital under subsection (2) of this 14
section shall be transported to the person's county of discharge by a sheriff or 15
other peace officer, by an ambulance service designated by the cabinet, or by 16
other appropriate means of transportation which is consistent with the 17
treatment plan of that person. 18
(b) The transportation cost of transporting the patient to the patient's county of 19
discharge when performed by a peace officer, ambulance service, or other 20
private agency on contract with the cabinet shall be paid by the cabinet in 21
accordance with an administrative regulation promulgated[issued] by the 22
cabinet in accordance with[pursuant to] KRS Chapter 13A. 23
(8)[(5)] A[No] person who has been held under subsection (1) of this section shall not 24
be held in jail pending evaluation and transportation to the hospital. 25
(9) A court orde r under subsection (4) of this section shall expire after thirty (30) 26
days if not served upon the person subject to the order. 27
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SECTION 10. A NEW SECTION OF KRS CHAPTER 202A IS CREATED 1
TO READ AS FOLLOWS: 2
(1) (a) Upon mot ion of the county attorney, the hospital shall give notice to the 3
court and the county attorney if the hospital plans to discharge the 4
respondent following the certification by a qualified mental health 5
professional and before the preliminary hearing. Prio r to discharge, the 6
county attorney may make an ex parte motion for a certification review 7
hearing. The court shall review the ex parte motion upon its receipt. 8
(b) If the review indicates that the respondent presents an imminent threat of 9
danger to self, family, or others, the court shall order the qualified mental 10
health professional to immediately notify the court if the professional has 11
certified that the respondent: 12
1. Is an individual with a mental illness; 13
2. Presents a danger or threat of danger to self, family, or others as a 14
result of the mental illness; and 15
3. Does not meet all the criteria for involuntary hospitalization under 16
Section 34 of this Act. 17
(c) The court shall review the certification under paragraph (b) of this 18
subsection and consider if the respondent has been the subject of 19
proceedings under this chapter, prior to the current proceeding, and is 20
exhibiting an escalation of dangerous behavior. A fter review, the court 21
may: 22
1. Order the respondent to be hospitalized in a place designated by the 23
cabinet until the certification review hearing is held within forty -eight 24
(48) hours, excluding weekends and holidays; 25
2. Release the respondent, subject to reasonable conditions, and set the 26
certification review hearing to be held within forty-eight (48) hours; or 27
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3. Deny the county attorney's motion for a certification review and 1
authorize the release of the person. 2
(d) 1. At the certification review hearin g, the respondent shall be appointed 3
counsel who may present evidence and cross examine witnesses on the 4
respondent's behalf. 5
2. The qualified mental health professional that performed the 6
examination shall testify about the certification under paragraph ( b) 7
of this subsection. This testimony may be given remotely. 8
3. Notwithstanding subparagraph 2. of this paragraph, the court may 9
accept the certification under paragraph (b) of this subsection in lieu 10
of testimony upon agreement of all parties and stipulat ion of the 11
respondent that he or she meets the criteria for involuntary 12
hospitalization under Section 34 of this Act, provided that outpatient 13
treatment is determined to be the least restrictive mode of treatment. 14
(e) Upon conclusion of the certification review hearing, if the court finds by 15
clear and convincing evidence that the respondent is an individual with a 16
mental illness who presents a danger or threat of danger to self, family, or 17
others as a result of the mental illness, who may reasonably benefi t from 18
court-ordered outpatient treatment or release with reasonable conditions, 19
and for whom court-ordered outpatient treatment or release with reasonable 20
conditions is the least restrictive alternative mode of treatment available, the 21
court may order the respondent to: 22
1. Receive community -based outpatient treatment that shall not exceed 23
three hundred sixty (360) days and comply with any other reasonable 24
conditions necessary to ensure compliance; or 25
2. Be released with any reasonable conditions necessary to ensure the 26
safety of self, family, or others and avoid readmittance to a hospital 27
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setting. 1
(2) (a) Failure to comply with an order for community -based outpatient treatment 2
or release with conditions under subsection (1)(e) of this section shall not be 3
grounds to find the respondent in contempt of court but shall be prima facie 4
evidence that: 5
1. The respondent can benefit from inpatient hospitalization; and 6
2. Inpatient hospitalization is the least restrictive mode of treatment. 7
(b) If a new petition for involuntary hospitalization is filed within twelve (12) 8
months of an order for community -based outpatient treatment or release 9
with conditions under subsection (1)(e) of this section, the clerk of the court 10
shall provide the prior order to: 11
1. The court with the petition for involuntary hospitalization; and 12
2. The qualified mental health professional along with the court's order 13
for examination. 14
(c) The qualified mental health professional who conducts the examination as 15
described under paragraph (b)2. of t his subsection shall independently 16
evaluate the respondent, considering the respondent's prior order for 17
community-based outpatient treatment or release with conditions, and 18
certify whether he or she meets the criteria for involuntary hospitalization 19
under Section 34 of this Act. 20
(d) A respondent shall not be involuntarily hospitalized based solely on his or 21
her failure to comply with a prior order for community -based outpatient 22
treatment or release with conditions. 23
Section 11. KRS 202A.051 is amended to read as follows: 24
(1) Proceedings for up to sixty (60) days or up to three hundred sixty (360) days of 25
involuntary hospitalization of an individual shall be initiated by the filing of a 26
verified petition in District Court. 27
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(2) The petition and all subsequent court documents shall be entitled: "In the interest of 1
(name of respondent)." 2
(3) The petition shall be filed by a qualified mental health professional, peace officer, 3
county attorney, Commonwealth's attorney, spouse, r elative, friend, or guardian of 4
the individual concerning whom the petition is filed, or any responsible adult[other 5
interested person]. 6
(4) The petition shall set forth: 7
(a) Petitioner's relationship to the respondent; 8
(b) Respondent's name, residence, and current location, if known; 9
(c) The name and residence of respondent's parents, if living and if known, or 10
respondent's legal guardian, if any and if known; 11
(d) The name and residence of respondent's husband or wife, if any and if known; 12
(e) The name and residence of the person having custody of the respondent, if 13
any, or if no such person is known, the name and residence of a near relative 14
or that the person is unknown; 15
(f) Petitioner's belief, including the factual basis therefor, that the respondent is 16
an individual with a mental illness [mentally ill] and presents a danger or 17
threat of danger to self, family or others if not restrained;[ and] 18
(g) If the petition seeks a three hundred sixty (360) day involuntary 19
hospitalization of the respondent, the petition shall further set forth that the 20
respondent has been hospitalized in a hospital or a forensic psychiatric facility 21
for a period of thirty (30) days under the provisi ons of this chapter or KRS 22
Chapter 504 within the preceding six (6) months; and 23
(h) Upon request of the county attorney, that the county attorney receives notice 24
of any discharge by a hospital prior to the preliminary hearing under 25
subsection (10) of this section. 26
(5) If the petition seeks a sixty (60) day involuntary hospitalization of the respondent, 27
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the county attorney may motion the court to amend the petition to seek up to a 1
three hundred sixty (360) day involuntary hospitalization of the individual if the 2
respondent has been hospitalized in a hospital or a forensic psychiatric facility 3
for a period of thirty (30) days under the provisions of this chapter or KRS 4
Chapter 504 within the preceding six (6) months. 5
(6) Upon receipt of the petition, the court shall examine the petitioner under oath as to 6
the contents of the petition. If the petitioner is a qualified mental health 7
professional, the court may dispense with the examination. 8
(7)[(6)] If after reviewing the allegations contained in the petition and examining the 9
petitioner under oath, it appears to the court that there is probable cause to believe 10
the respondent should be involuntarily hospitalized, the court shall, unless either the 11
court or one (1) of the parties objects, implement the procedures provided in KRS 12
202A.028 and order the individual to be examined without unnecessary delay by a 13
qualified mental health professional. If the person is not being hospitalized[held] 14
under the provisions of this chapter, the court may order that the sheriff o f the 15
county or other peace officer transport the person to a hospital or psychiatric facility 16
designated by the cabinet for the purpose of the evaluation. The sheriff or other 17
peace officer may, upon agreement of a person authorized by the peace officer, 18
authorize the cabinet, a private agency on contract with the cabinet, or an 19
ambulance service designated by the cabinet to transport the person to a hospital or 20
psychiatric facility. Following that, the procedures as set forth in KRS 202A.028 21
shall be carried out. Otherwise, the court shall: 22
(a) Set a date for a preliminary hearing within six (6) days from the date of 23
hospitalization of [holding] the person under the provisions of this section, 24
[section (] excluding holidays and weekends ,[)] to determine if t here is 25
probable cause to believe the person should be involuntarily hospitalized; 26
(b) Notify the respondent, the legal guardian, if any, and if known, and the 27
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spouse, parents, or nearest relative or friend of the respondent concerning the 1
allegations and contents of the petition and the date and purpose of the 2
preliminary hearing; and the name, address, and telephone number of the 3
attorney appointed to represent the respondent; and 4
(c) Cause the respondent to be examined without unnecessary delay by two (2 ) 5
qualified mental health professionals, at least one (1) of whom is a physician. 6
The qualified mental health professionals shall certify within twenty -four (24) 7
hours, [(]excluding weekends and holidays,[)] their findings. 8
(8)[(7)] (a) If the respondent i s being presently hospitalized[held] under the 9
provisions of this chapter, the court may order further 10
hospitalization[holding] of the respondent to accomplish the examination 11
ordered by the court. 12
(b) If the respondent is not being presently hospitalized[held] under the 13
provisions of this chapter, the court may order that the sheriff of the county or 14
a peace officer transport the respondent to a hospital or a psychiatric facility 15
designated by the cabinet so that the respondent shall be examined without 16
unnecessary delay by two (2) qualified mental health professionals, at least 17
one (1) of whom is a physician. The sheriff or other peace officer may 18
authorize, upon agreement of a person authorized by the peace officer, the 19
cabinet, a private agency on contra ct with the cabinet, or an ambulance 20
service designated by the cabinet to transport the person to a hospital or 21
psychiatric facility. 22
(9)[(8)] (a) When the court is authorized to issue an order that the respondent be 23
transported to a hospital or psychiatric facility, the court may, in its discretion, 24
issue a summons. A summons so issued shall be directed to the respondent, 25
shall command the respondent to appear at a time and place [therein ]specified 26
in the summons where the respondent shall be [there ]examined by two (2) 27
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qualified mental health professionals, at least one (1) of whom is a physician, 1
and shall command the respondent's appearance at the preliminary hearing. 2
(b) If a respondent who has been summoned fails to appear for such examination 3
or at the preliminary hearing, the court may order that the sheriff of the county 4
or a peace officer transport the respondent to a hospital or psychiatric facility 5
designated by the cabinet for the purpose of an evaluation. 6
(10)[(9)] If upon completion of the preliminary hearing, the court finds: 7
(a) There is probable cause to believe the respondent should be involuntarily 8
hospitalized:[,] 9
1. The court shall order a final hearing within twenty -one (21) days from 10
the date of hospitalization of [holding] the responde nt under [the 11
provisions of ] this section to determine if the respondent should 12
continue to be involuntarily hospitalized; and[.] 13
2. a. The county attorney may motion the court at the conclusion of 14
the preliminary hearing to require the hospital to provide a copy 15
of the respondent's discharge plan to the county attorney prior to 16
discharge. If the hospital plans to discharge the respondent prior 17
to the final hearing under subsection (11) of this section, the 18
court shall require the hospital to provide a copy of the 19
respondent's discharge plan no later than seventy-two (72) hours 20
prior to the respondent's discharge. 21
b. If the county attorney believes that the discharge plan does not 22
give the respondent a realistic opportunity to avoid imminent 23
readmittance into an inpatient psychiatric hospital for treatment 24
and is insufficient without court -ordered outpatient treatment or 25
reasonable conditions, the county attorney shall make an ex 26
parte motion for a discharge review hearing. The court shall 27
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conduct the dischar ge review hearing at the earliest practicable 1
time, consistent with due process and the availability of counsel, 2
and in no event later than seven (7) days after the motion is 3
made, except with the respondent's consent or upon the court's 4
finding that extra ordinary circumstances exist and that delay is 5
indispensable to protect the respondent and the community. 6
c. Upon completion of the discharge review hearing described 7
under subdivision b. of this subparagraph, if the court finds that 8
the respondent is an i ndividual with a mental illness who 9
presents a danger or threat of danger to self, family, or others as 10
a result of the mental illness, who may reasonably benefit from 11
court-ordered outpatient treatment or release with other 12
reasonable conditions, and for whom court -ordered outpatient 13
treatment or release with other reasonable conditions is the least 14
restrictive alternative mode of treatment available, the court shall 15
order: 16
i. For a respondent who meets the criteria for court -ordered 17
assisted outpatient treatment set forth in Section 20 of this 18
Act, that a treatment plan be developed in accordance with 19
KRS 202A.0817 within forty -eight (48) hours and the 20
respondent to receive cou rt-ordered assisted outpatient 21
treatment under KRS 202A.0811 to 202A.0831; 22
ii. For any other respondent who may benefit from outpatient 23
treatment, a qualified mental health professional to develop 24
a treatment plan within forty -eight (48) hours, the 25
respondent to receive community -based outpatient 26
treatment that shall not exceed three hundred sixty (360) 27
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days, and the respondent to comply with any other 1
reasonable conditions necessary to ensure compliance; or 2
iii. The respondent to be released with any reaso nable 3
conditions necessary to ensure the safety of self, family, or 4
others and avoid readmittance into a hospital setting; 5
(b) There is no probable cause to believe the respondent should be involuntarily 6
hospitalized but that the respondent is an individua l with a mental illness 7
who presents a danger or threat of danger to self, family, or others as a 8
result of the mental illness, who may reasonably benefit from court -ordered 9
outpatient treatment or release with other reasonable conditions, and for 10
whom cou rt-ordered outpatient treatment or release with other reasonable 11
conditions is the least restrictive alternative mode of treatment available, the 12
court shall order: 13
1. For a respondent who meets the criteria for court -ordered assisted 14
outpatient treatment set forth in Section 20 of this Act: 15
a. That a treatment plan be developed in accordance with KRS 16
202A.0817 within forty-eight (48) hours; and 17
b. The respondent to receive court -ordered assisted outpatient 18
treatment under KRS 202A.0811 to 202A.0831; 19
2. For any other respondent who may benefit from outpatient treatment: 20
a. A qualified mental health professional to develop a treatment 21
plan within forty-eight (48) hours; 22
b. The respondent to receive community-based outpatient treatment 23
that shall not exceed three hundred sixty (360) days; and 24
c. The respondent to comply with any other reasonable conditions 25
necessary to ensure compliance; or 26
3. The respondent to be released with any reasonable conditions 27
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necessary to ensure the safety of self, family, or others and avoid 1
readmittance into a hospital setting; or 2
(c)[(10)] [If the court finds ]There is no probable cause to believe the respondent: 3
1. Should be involuntarily hospitalized; or 4
2. Is an individual with a mental illness: 5
a. Who presents a danger or threa t of danger to self, family, or 6
others as a result of the mental illness; 7
b. Who may reasonably benefit from court -ordered outpatient 8
treatment or release with reasonable conditions; and 9
c. For whom court -ordered outpatient treatment or release with 10
reasonable conditions is the least restrictive alternative mode of 11
treatment available;[,] 12
the proceedings against the respondent shall be dismissed, and the respondent 13
shall be released from any hospitalization[holding]. 14
(11) If upon completion of the final hearing, the court finds: 15
(a) The respondent should be involuntarily hospitalized:[,] 16
1. The court shall order the respondent to: 17
a. Be hospitalized in a hospital for a period not to exceed sixty (60) 18
consecutive days from the date of the court order or a period not to 19
exceed three hundred sixty (360) consecutive days from the date of 20
the court order, whatever was the period of time that was requested 21
in the petition; and 22
b. Comply with all conditions of the hospital's discharge plan; and 23
2. a. The county attorney may motion the court at the conclusion of 24
the final hearing to require the hospital to provide a copy of the 25
respondent's discharge plan to the county attorney prior to 26
discharge. If the hospital plans to discharge t he respondent prior 27
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to the expiration of an order under this subsection, the court 1
shall require the hospital to provide a copy of the respondent's 2
discharge plan no later than seventy -two (72) hours prior to the 3
respondent's discharge. 4
b. If the county attorney believes that the discharge plan does not 5
give the respondent a realistic opportunity to avoid imminent 6
readmittance into an inpatient psychiatric hospital for treatment 7
and is insufficient without court -ordered outpatient treatment or 8
reasonable conditions, the county attorney shall: 9
i. Make an ex parte motion for a discharge review hearing. 10
The court shall conduct the discharge review hearing at the 11
earliest practicable time, consistent with due process and 12
the availability of counsel, and in no event later than seven 13
(7) days after the motion is made, except with the 14
respondent's consent or upon the court's finding that 15
extraordinary circumstances exist and that delay is 16
indispensable to protect the respondent and the community; 17
or 18
ii. If the respondent within the past twelve (12) months has 19
been found incompetent to stand trial in a criminal 20
proceeding and has not been committed under KRS 21
Chapter 202C, the county attorney may make a motion to 22
proceed under Section 16 of this Act. 23
c. Upon completion of the discharge review hearing described in 24
subdivision b.i. of this subparagraph, if the court finds that the 25
respondent is an individual with a mental illness, who presents a 26
danger or threat of danger to self, family, or others as a re sult of 27
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the mental illness, who may reasonably benefit from court -1
ordered outpatient treatment or release with other reasonable 2
conditions, and for whom court -ordered outpatient treatment or 3
release with other reasonable conditions is the least restrictive 4
alternative mode of treatment available, the court shall order: 5
i. For a respondent who meets the criteria for court -ordered 6
assisted outpatient treatment set forth in Section 20 of this 7
Act, that a treatment plan be developed in accordance with 8
KRS 202A. 0817 within forty -eight (48) hours and the 9
respondent to receive court -ordered assisted outpatient 10
treatment under KRS 202A.0811 to 202A.0831; 11
ii. For any other respondent who may benefit from outpatient 12
treatment, a qualified mental health professional to develop 13
a treatment plan within forty -eight (48) hours, the 14
respondent to receive community -based outpatient 15
treatment that shall not exceed three hundred sixty (360) 16
days, and the respondent to comply with any other 17
reasonable conditions necessary to ensure compliance; or 18
iii. The respondent to be released with any reasonable 19
conditions necessary to ensure the safety of self, family, or 20
others and avoid readmittance into a hospital setting; 21
(b) The respondent should not be involuntarily hospitalized but t hat the 22
respondent is an individual with a mental illness who presents a danger or 23
threat of danger to self, family, or others as a result of the mental illness, 24
who may reasonably benefit from court -ordered outpatient treatment or 25
release with other reaso nable conditions, and for whom court -ordered 26
outpatient treatment or release with other reasonable conditions is the least 27
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restrictive alternative mode of treatment available, the court shall order: 1
1. For a respondent who meets the criteria for court -ordered assisted 2
outpatient treatment set forth in Section 20 of this Act: 3
a. That a treatment plan be developed in accordance with KRS 4
202A.0817 within forty-eight (48) hours; and 5
b. The respondent to receive court -ordered assisted outpatient 6
treatment under KRS 202A.0811 to 202A.0831; 7
2. For any other respondent who may benefit from outpatient treatment: 8
a. A qualified mental health professional to develop a treatment 9
plan within forty-eight (48) hours; 10
b. The respondent to receive community-based outpatient treatment 11
that shall not exceed three hundred sixty (360) days; and 12
c. The respondent to comply with any other reasonable conditions 13
necessary to ensure compliance; or 14
3. The respondent to be released with any reasonable conditions 15
necessary to ensure the safety of self, family, or others and avoid 16
readmittance into a hospital setting; or 17
(c) The respondent: 18
1. Should not be involuntary hospitalized; or 19
2. Is not an individual with a mental illness: 20
a. Who presents a danger or threat of danger to self, fami ly, or 21
others as a result of the mental illness; 22
b. Who may reasonably benefit from court -ordered outpatient 23
treatment or release with reasonable conditions; and 24
c. For whom court -ordered outpatient treatment or release with 25
reasonable conditions is the le ast restrictive mode of treatment 26
available; 27
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the proceedings against the respondent shall be dismissed, and the 1
respondent shall be released from any hospitalization. 2
(12) (a) Failure to comply with an order for outpatient treatment or release with 3
conditions under subsection (10) or (11) of this section shall not be grounds 4
to find the respondent in contempt of court but shall be prima facie evidence 5
that: 6
1. The respondent can benefit from inpatient hospitalization; and 7
2. Inpatient hospitalization is the least restrictive mode of treatment. 8
(b) If a new petition for involuntary hospitalization is filed within twelve (12) 9
months of an order for outpatient trea tment or release with conditions 10
under subsection (10) or (11) of this section, the clerk of the court shall 11
provide the prior order to: 12
1. The court with the petition for involuntary hospitalization; and 13
2. The qualified mental health professional along w ith the court's order 14
for examination. 15
(c) The qualified mental health professional who conducts the examination as 16
described under paragraph (b)2. of this subsection shall independently 17
evaluate the respondent, considering the respondent's prior order for 18
outpatient treatment or release with conditions, and certify whether he or 19
she meets the criteria for involuntary hospitalization under Section 34 of 20
this Act. 21
(d) A respondent shall not be involuntarily hospitalized based solely on his or 22
her failure to comply with a prior order for outpatient treatment or release 23
with conditions. 24
(13) Any petition under this section shall expire after thirty (30) days if not served 25
upon the respondent. 26
Section 12. KRS 202A.053 is amended to read as follows: 27
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(1) (a) Except as provided in paragraph (b) of this subsection, a respondent who has 1
been ordered involuntarily hospitalized following the preliminary hearing 2
shall have venue for all subsequent proceedings, including the final heari ng, 3
transferred to the court of the county where the respondent is hospitalized. 4
(b) A court may order venue be transferred back to the county where the 5
respondent resides if the court has ordered the respondent to receive 6
outpatient treatment under Sectio n 11 or 16 of this Act. The receiving 7
county shall then assume venue and responsibility for the respondent's 8
treatment plan and supervision, and shall make orders as the court sees fit. 9
(2) The court of the county where the preliminary hearing was held may , upon its own 10
motion, or shall, upon motion of one (1) of the parties, retain venue over 11
proceedings subsequent to the preliminary hearing. 12
(3) The court of the county where the county attorney has filed a motion for a 13
certification review hearing under S ection 9, 10, or 13 of this Act shall retain 14
venue over the proceedings. 15
Section 13. KRS 202A.061 is amended to read as follows: 16
(1) Prior to completion of an examination by a qualified mental health professional 17
under this section, the professional shall make a good-faith attempt to contact the 18
petitioner to obtain any additional relevant information necessary to the petition. 19
(2) (a) Prior to the release of a person subject to an examination under this 20
section, the county attorney may make an ex parte motion for a certification 21
review hearing. The court shall review the ex parte motion upon its receipt. 22
(b) If the review indicates that the person presents an imminent threat of 23
danger to self, family, or others, the court shall order the qualified mental 24
health professionals to immediately notify the court if either of the 25
professionals have certified that the person: 26
1. Is an individual with mental illness; 27
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2. Presents a danger or threat of danger to self, family, or othe rs as a 1
result of the mental illness; and 2
3. Does not meet all the criteria for involuntary hospitalization under 3
Section 34 of this Act. 4
(c) The court shall review the certification under paragraph (b) of this 5
subsection and consider if the person has bee n the subject of proceedings 6
under this chapter, prior to the current proceeding, and is exhibiting an 7
escalation of dangerous behavior. After review, the court may: 8
1. Order the person to be hospitalized in a place designated by the 9
cabinet until the cert ification review hearing is held within forty -eight 10
(48) hours, excluding weekends and holidays; 11
2. Release the person, subject to reasonable conditions, and set the 12
certification review hearing to be held within forty-eight (48) hours; or 13
3. Deny the coun ty attorney's motion for a certification review and 14
authorize the release of the person. 15
(d) 1. At the certification review hearing, the person shall be appointed 16
counsel who may present evidence and cross examine witnesses on the 17
person's behalf. 18
2. The qualified mental health professional that performed the 19
examination shall testify about the certification under paragraph (b) 20
of this subsection. This testimony may be given remotely. 21
3. Notwithstanding subparagraph 2. of this paragraph, the court may 22
accept the certification under paragraph (b) of this subsection in lieu 23
of testimony upon agreement of all parties and stipulation of the 24
person that he or she meets the criteria for involuntary hospitalization 25
under Section 34 of this Act, provided that o utpatient treatment is 26
determined to be the least restrictive mode of treatment. 27
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(e) Upon conclusion of the certification review hearing, if the court finds by 1
clear and convincing evidence that the person is an individual with a mental 2
illness, who prese nts a danger or threat of danger to self, family, or others 3
as a result of the mental illness, who may reasonably benefit from court -4
ordered outpatient treatment or release with reasonable conditions, and for 5
whom court -ordered outpatient treatment or rele ase with reasonable 6
conditions is the least restrictive alternative mode of treatment available, the 7
court may order the person to: 8
1. Receive community -based outpatient treatment that shall not exceed 9
three hundred sixty (360) days and comply with any oth er reasonable 10
conditions necessary to ensure compliance; or 11
2. Be released with any reasonable conditions necessary to ensure the 12
safety of self, family, or others. 13
(3) (a) Failure to comply with an order for community -based outpatient treatment 14
or release with conditions under subsection (2)(e) of this section shall not be 15
grounds to find the person in contempt of court but shall be prima facie 16
evidence that: 17
1. The person can benefit from inpatient hospitalization; and 18
2. Inpatient hospitalization is the least restrictive mode of treatment. 19
(b) If a new petition for involuntary hospitalization is filed within twelve (12) 20
months of an order for community -based outpatient treatment or release 21
with conditions under subsection (2)(e) of this section, the clerk of the court 22
shall provide the prior order to: 23
1. The court with the petition for involuntary hospitalization; and 24
2. The qualified mental health professional along with the court's order 25
for examination. 26
(c) The qualified mental health professional who c onducts the examination as 27
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described under paragraph (b)2. of this subsection shall independently 1
evaluate the person, considering the person's prior order for community -2
based outpatient treatment or release with conditions, and certify whether 3
he or she meets the criteria for involuntary hospitalization under Section 34 4
of this Act. 5
(d) A person shall not be involuntarily hospitalized based solely on his or her 6
failure to comply with a prior order for community -based outpatient 7
treatment or release with conditions. 8
(4) (a) In any proceeding for involuntary hospitalization under the applicable 9
provisions of this chapter, if the criteria for involuntary hospitalization are not 10
certified by at least two (2) examining qualified mental health professionals, 11
the court shall, without taking any further action, terminate the proceedings 12
and order the release of the person. 13
(b) The qualified mental health professionals shall certify to the court within 14
twenty-four (24) hours , [(]excluding weekends and holidays ,[)] of the 15
examination, their findings and opinions as to whether the person shall be 16
involuntarily hospitalized. 17
SECTION 14. A NEW SECTION OF KRS CHAPTER 202A IS CREATED 18
TO READ AS FOLLOWS: 19
(1) If the court orders community -based outpatient mental health treatment under 20
this chapter, the court shall: 21
(a) Appoint an outpatient provider agency recognized by the cabinet which 22
shall assemble a multidisciplinary team; and 23
(b) Report every order for community -based outpatient treat ment issued under 24
this section to the Department for Behavioral Health, Developmental and 25
Intellectual Disabilities. 26
(2) (a) The multidisciplinary team shall: 27
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1. Regularly monitor the person's adherence to the conditions of the 1
order and regularly report t his information to the court, the county 2
attorney, respondent's counsel, and any other party the court deems 3
necessary; and 4
2. Consist of three (3) mental health professionals, including any of the 5
following: 6
a. The respondent's doctor; 7
b. A nurse practitioner; 8
c. A prescriber; 9
d. A therapist; 10
e. A case manager; 11
f. A peer support specialist; or 12
g. Any other person deemed qualified by the court. 13
(b) Any responsible adult may report nonadherence to the conditions of the 14
order to the court, the county attorney, respondent's counsel, and any other 15
party the court deems necessary. 16
(3) Reports may be provided in written format, in person, or via electronic means, at 17
the court's discretion. 18
(4) The cabinet shall promulgate administrative regulations in accordance with KRS 19
Chapter 13A necessary to implement this section. 20
SECTION 15. A NEW SECTION OF KRS CHAPTER 202A IS CREA TED 21
TO READ AS FOLLOWS: 22
(1) A person's substantial failure to comply with a court order for community -based 23
outpatient treatment may constitute presumptive grounds for the court or an 24
authorized staff physician to order a seventy -two (72) hour emergency ad mission 25
to allow for reexamination of the person to determine whether he or she meets 26
the criteria for involuntary hospitalization under Section 34 of this Act. 27
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(2) (a) Failure to comply with an order for community -based outpatient treatment 1
shall not be g rounds to find the person in contempt of court but shall be 2
prima facie evidence that: 3
1. The person can benefit from inpatient hospitalization; and 4
2. Inpatient hospitalization is the least restrictive mode of treatment. 5
(b) If a new petition for involunt ary hospitalization is filed within twelve (12) 6
months of an order for community -based outpatient treatment, the clerk of 7
the court shall provide the prior order to: 8
1. The court with the petition for involuntary hospitalization; and 9
2. The qualified menta l health professional along with the court's order 10
for examination. 11
(c) The qualified mental health professional who conducts the examination as 12
described under paragraph (b)2. of this subsection shall independently 13
evaluate the person, considering the per son's prior order for community -14
based outpatient treatment, and certify whether he or she meets the criteria 15
for involuntary hospitalization under Section 34 of this Act. 16
(d) A person shall not be involuntarily hospitalized based solely on his or her 17
failure to comply with a prior order for community -based outpatient 18
treatment. 19
(3) (a) Any person admitted to a hospital under subsection (1) of this section or 20
transferred to a hospital while ordered hospitalized under subsection (1) of 21
this section shall be t ransported from the person's home county by the 22
sheriff of that county or other peace officer as ordered by the court. 23
(b) The sheriff or other peace officer may, upon agreement of a person 24
authorized by the peace officer, authorize the cabinet, a private agency on 25
contract with the cabinet, or an ambulance service designated by the cabinet 26
to transport the person to the hospital. 27
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(c) The transportation costs of the sheriff, other peace officer, ambulance 1
service, or other private agency on contract with the cabinet shall be paid by 2
the cabinet in accordance with an administrative regulation promulgated by 3
the cabinet in accordance with KRS Chapter 13A. 4
(4) (a) Any person released from the hospital under subsection (1) of this section 5
shall be transported to the person's county of discharge by a sheriff or other 6
peace officer, by an ambulance service designated by the cabinet, or by 7
other appropriate means of transportation which is consistent with the 8
treatment plan of that person. 9
(b) The transportation cost of transporting the patient to the patient's county of 10
discharge when performed by a peace officer, ambulance service, or other 11
private agency on contract with the cabinet shall be paid by the cabinet in 12
accordance with an administrative regulation promulgated by the cabinet in 13
accordance with KRS Chapter 13A. 14
SECTION 16. A NEW SECTION OF KRS CHAPTER 202A IS CREATED 15
TO READ AS FOLLOWS: 16
(1) (a) Upon motion of the county attorney under subsection (11)(a)2.b.ii. of 17
Section 11 of this Act, the hospital shall provide a copy of the discharge 18
plan as soon as practicable to the court and the respondent's counsel of 19
record. The court, upon motion of the county attorney or the court's own 20
motion, shall conduct a review hearing: 21
1. To determine if the discharge plan gives the respondent a realistic 22
opportunity to avoid imminent readmittance into an inpatient 23
psychiatric hospital for treatment; and 24
2. At the earliest practicable time, consistent with due process and the 25
availability of counsel, and in no event later than seven (7) days after 26
the motion is made, except with the respondent's consent or upon the 27
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court's finding that extraordinary circumstances exist and that delay is 1
indispensable to protect the respondent and the community. 2
(b) This hearing shall only be conducted for a respondent who within the past 3
twelve (12) months has been found incompetent to stand trial in a criminal 4
proceeding and has not been committed under KRS Chapter 202C. 5
(2) The court shall verify that disch arge planning procedures were completed to give 6
the respondent a realistic opportunity to avoid recurrence of substantial symptom 7
burden that would necessitate psychiatric hospitalization. Those procedures shall 8
include but not be limited to any of the following: 9
(a) Documenting the housing status of the respondent or that housing services 10
were offered and the respondent declined; 11
(b) Scheduling an outpatient treatment appointment for no later than seven (7) 12
days after discharge; 13
(c) Providing or prescribing a thirty (30) day supply of medication; 14
(d) Documenting a transportation plan that may include securing a bus pass, 15
taxi voucher, or an acknowledgment that the respondent will walk or the 16
respondent's family will provide transportation; 17
(e) Developing an d documenting a crisis plan with contact information for 18
services that are available twenty-four (24) hours a day; 19
(f) Developing a transfer of care plan or attempting to develop a transfer of 20
care plan with the respondent if the respondent has met with an outpatient 21
provider or an appointment with the outpatient provider has been 22
scheduled; or 23
(g) Contacting the respondent's family or other support systems, if the 24
respondent consents. 25
(3) For respondents with decision -making capacity who refuse housing or other 26
services under subsection (2) of this section, the discharge plan shall document: 27
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(a) That housing and other services were offered and explained; 1
(b) The respondent's reasons for refusal; 2
(c) That the respondent understands the potential consequences of his or her 3
choices; 4
(d) That risk reduction strategies were offered, including access to crisis 5
contacts, mobile crisis services, drop -in services, and other safety -oriented 6
resources; and 7
(e) That there is a plan for periodic outreach to offer services. 8
(4) If the court finds by clear and convincing evidence that the discharge plan does 9
not give the respondent a realistic opportunity to avoid imminent readmittance 10
into an inpatient psychiatric hospital for treatment, then the respondent shall not 11
be discharged and the court shall order the hospital to submit within seventy -two 12
(72) hours a revised discharge plan that gives the respondent a realistic 13
opportunity to avoid imminent readmittance into an inpatient psychiatric hospital 14
for treatment. 15
(5) (a) If a respondent is not discharged under subsection (4) of this section, a 16
review hearing shall be conducted by the court within seven (7) days of the 17
hospital's submission of a revised discharge plan. 18
(b) A review hearing may be conducted in an informal ma nner, consistent with 19
orderly procedures, and in a physical setting not likely to have a harmful 20
effect on the mental or physical health of the respondent. The hearing may 21
be held by the court in chambers, remotely from a hospital, or in another 22
suitable place. The respondent shall be present in person or remotely for all 23
review hearings, unless presence is waived by the respondent through 24
counsel. 25
(c) 1. The Commonwealth shall present evidence regarding whether: 26
a. The respondent continues to meet the crit eria for involuntary 27
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commitment under Section 34 of this Act; and 1
b. The discharge plan gives the respondent a realistic opportunity 2
to avoid imminent readmittance into an inpatient psychiatric 3
hospital for treatment. 4
2. The respondent shall be represented by counsel and be afforded an 5
opportunity to present evidence and to cross-examine any witnesses. 6
(d) The Kentucky Rules of Evidence shall apply and proceedings shall be heard 7
by a judge without a jury. 8
(e) The respondent's right to this hearing shall not be waived. 9
(f) 1. At the conclusion of a review hearing, the court shall make written 10
findings of fact concerning whether: 11
a. The criteria for involuntary commitment under Section 34 of this 12
Act continue to be satisfied; and 13
b. The discharge plan gives the respondent a realistic opportunity 14
to avoid imminent readmittance into an inpatient psychiatric 15
hospital for treatment. 16
2. If the court finds, by clear and convincing evidence, that the criteria 17
continue to be satisfied and that the discharge plan does not give the 18
respondent a realistic opportunity to avoid imminent readmittance into 19
an inpatient psychiatric hospital for treatment, the court shall enter an 20
order authorizing the continued care and treatment of the respondent 21
until the expiration of the order under subsection (11)(a) of Section 11 22
of this Act. 23
3. If the court does not make the finding requ ired in subparagraph 2. of 24
this paragraph, the court shall discharge the respondent to comply 25
with the discharge plan unless the court finds that the respondent is 26
an individual with a mental illness, who presents a danger or threat of 27
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danger to self, fami ly, or others as a result of the mental illness, who 1
may reasonably benefit from court -ordered outpatient treatment or 2
release with other reasonable conditions, and for whom court -ordered 3
outpatient treatment or release with other reasonable conditions is the 4
least restrictive alternative mode of treatment available, in which case 5
the court shall discharge the respondent and may order: 6
a. For a respondent who meets the criteria for court -ordered 7
assisted outpatient treatment set forth in Section 20 of this Act: 8
i. That at a treatment plan be developed in accordance with 9
Section 20 of this Act within forty-eight (48) hours; and 10
ii. The respondent to receive court -ordered assisted outpatient 11
treatment under KRS 202A.0811 to 202A.0831; 12
b. For any other responde nt who may benefit from outpatient 13
treatment: 14
i. A qualified mental health professional to develop a 15
treatment plan within forty-eight (48) hours; 16
ii. The respondent to receive community -based outpatient 17
treatment that shall not exceed three hundred sixty (360) 18
days; and 19
iii. The respondent to comply with any other reasonable 20
condition necessary to ensure compliance; or 21
c. The respondent to be released with any reasonable conditions 22
necessary to ensure the safety of self, family, or others and avoid 23
readmittance into a hospital setting. 24
(6) The Commonwealth, respondent, or hospital where the respondent is being 25
hospitalized may make a motion for an additional review hearing if a material 26
change in circumstances has occurred and the respondent no longer meets the 27
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criteria for involuntary hospitalization under Section 34 of this Act. If the court 1
has probable cause to believe that a material change in circumstances has 2
occurred, the court shall: 3
(a) Conduct a review hearing within fourteen (14) days of the fili ng of the 4
motion for an additional review hearing; and 5
(b) Order the respondent to be evaluated as described under subsection (5)(b) of 6
this section. 7
(7) (a) Any respondent being hospitalized under this section shall be transferred to 8
an inpatient psychiatric hospital owned by the Commonwealth upon request 9
of the hospital or psychiatric facility where the respondent is being held. 10
(b) An inpatient psychiatric hospital contracted with the cabinet shall not 11
request transfer under paragraph (a) of this subsection. 12
SECTION 17. A NEW SECTION OF KRS CHAPTER 202A IS CREATED 13
TO READ AS FOLLOWS: 14
(1) By October 1 of each year beginning in 2027, the cabinet in coordination with the 15
Administrative Office of the Courts shall submit to the Legislative Research 16
Commission for referral to the Interim Joint Committee on Health Services and 17
the Interim Joint Committee on Judiciary a report that includes: 18
(a) The number of: 19
1. Petitions filed under Section 11 of this Act; 20
2. Petitions filed under Section 19 of this Act; 21
3. Court orders for seventy-two (72) hour hospital admission; 22
4. Petitions dismissed prior to a final order under Section 11 of this Act 23
or KRS 202A.0819; 24
5. Petitions that result in an order for involuntary ho spitalization under 25
Section 11 of this Act and if the orders were for sixty (60) days or three 26
hundred sixty (360) days of involuntary hospitalization; 27
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6. Petitions that result in an order for outpatient treatment or any other 1
reasonable conditions; 2
7. Petitions filed following a respondent's violation of court -ordered 3
outpatient treatment or other reasonable conditions; 4
8. Precertification review hearings conducted under this chapter; 5
9. Discharge hearings conducted under Section 11 of this Act; and 6
10. Review hearings conducted under Section 16 of this Act; 7
(b) The stage of a proceeding under this chapter where a: 8
1. Petition is dismissed; and 9
2. Court has ordered a respondent to court -ordered outpatient or any 10
other reasonable conditions; 11
(c) The length of time a respondent receives treatment under this chapter prior 12
to discharge by a hospital or termination of an order to receive outpatient 13
treatment; and 14
(d) A summary of the services provided to a respondent who is ordered to 15
involuntary hospitalization or to receive outpatient treatment. 16
(2) Any hospital, qualified mental health professional, and any other mental health 17
agency who evaluates or treats a respondent under this chapter shall be required 18
to report data to the cabinet as required under this se ction. The cabinet shall 19
promulgate administrative regulations in accordance with KRS Chapter 13A to 20
implement this section. 21
(3) The cabinet and the Administrative Office of the Courts shall enter into an 22
agreement to share data necessary to prepare the re port required under this 23
section. 24
(4) The report prepared under this section shall not identify specific individuals. 25
SECTION 18. A NEW SECTION OF KRS CHAPTER 202A IS CREATED 26
TO READ AS FOLLOWS: 27
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(1) In any proceeding under this chapter, if the respondent agrees: 1
(a) To comply with a treatment plan; and 2
(b) That he or she meets the criteria for involuntary hospitalization under 3
Section 34 of this Act, provided that outpatient treatment is determined to be 4
the least restrictive mode of treatment; and 5
upon agreement of the court, county attorney, respondent, respondent's counsel, 6
and qualified mental health professional, the court may enter a consent order for 7
the respondent to receive court -ordered assisted outpatient treat ment or 8
community-based outpatient treatment and order other reasonable conditions. 9
(2) An order entered under subsection (1) of this section shall: 10
(a) Be filed with the court and made a part of the record in the proceeding; 11
(b) Specify the terms and cond itions of treatment to which the respondent has 12
agreed to; 13
(c) Specify that the respondent is subject to same monitoring, reporting, and 14
review requirements as any contested order to receive court -ordered assisted 15
outpatient treatment or community-based outpatient treatment; and 16
(d) Remain in effect for a period not t o exceed three hundred sixty (360) days, 17
subject to early termination or modification by the court. 18
(3) The failure of a respondent to comply with a consent order entered under this 19
section shall be treated in the same manner as noncompliance with a contes ted 20
order under this chapter. 21
Section 19. KRS 202A.0811 is amended to read as follows: 22
(1) Proceedings for court -ordered assisted outpatient treatment of a person shall be 23
initiated by the filing of a verified petition for that purpose in District Court. 24
(2) The petition and all subsequent court documents shall be entitled: "In the interest of 25
(name of respondent)." 26
(3) The petition shall be filed by a qualified mental health professional; peace officer; 27
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county attorney; Commonwealth's attorney; spouse, relative, friend, or guardian of 1
the person concerning whom the petition is filed; or any responsible adult [other 2
interested person]. 3
(4) The petition shall set forth: 4
(a) Petitioner's relationship to the respondent; 5
(b) Respondent's name, residence, and current location, if known; 6
(c) Petitioner's belief, including the factual basis therefor, that the respondent 7
meets the criteria for court-ordered assisted outpatient treatment as set forth in 8
KRS 202A.0817; and 9
(d) Whether, within five (5) days prior to the filing of the petition, the respondent 10
has been evaluated by a qualified mental health professional to determine 11
whether the respondent meets the criteria for court -ordered assisted outpatient 12
treatment pursuant to KRS 202A.0815. 13
(5) Upon receipt of the petition, the court shall examine the petitioner under oath as to 14
the contents of the petition. If the petitioner is a qualified mental health 15
professional, the court may dispense with the examination. 16
(6) If, after review ing the allegations contained in the petition and examining the 17
petitioner under oath, it appears to the court that there is probable cause to believe 18
the respondent should be court -ordered to assisted outpatient treatment, the court 19
shall: 20
(a) Order the respondent to be evaluated without unnecessary delay by a qualified 21
mental health professional to determine whether the respondent meets the 22
criteria for court -ordered assisted outpatient treatment set forth in KRS 23
202A.0815, unless the court has already received the certified findings of such 24
an evaluation conducted no earlier than five (5) days prior to the filing of the 25
petition. The qualified mental health professional shall certify his or her 26
findings to the court within seventy -two (72) hours from rece ipt of the order, 27
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excluding weekends and holidays; and 1
(b) Set a date for a hearing within six (6) days from the date of the filing of the 2
petition under the provisions of this section, excluding weekends and 3
holidays, to determine if the respondent should be court -ordered to assisted 4
outpatient treatment. 5
(7) If the court finds there is no probable cause to believe the respondent should be 6
court-ordered to assisted outpatient treatment, the proceedings against the 7
respondent shall be dismissed. 8
Section 20. KRS 202A.0815 is amended to read as follows: 9
A[No] person shall not be court -ordered to assisted outpatient mental health treatment 10
unless the person: 11
(1) Is diagnosed with a serious mental illness; 12
(2) Has a history of repeated nonadherence with mental health treatment, which has: 13
(a) At least twice within the last forty-eight (48) months, been a significant factor 14
in necessitating hospitalization or arrest of the person; or 15
(b) Within the last twenty -four (24) months, resulted in an act, threat, or attempt 16
at serious physical injury to self or others; 17
(3) Is unlikely to adequately adhere to outpatient treatment on a voluntary basis 18
based on a qualified mental health professional's [: 19
(a) ]clinical observation[; and 20
(b) Identification of specific characteristics of the person's clinical condition that 21
significantly impair the person's ability to make and maintain a rational and 22
informed decision as to whether to engage in outpatient treatment 23
voluntarily]; and 24
(4) Is in n eed of court -ordered assisted outpatient treatment as the least restrictive 25
alternative mode of treatment presently available and appropriate. 26
Section 21. KRS 202A.0819 is amended to read as follows: 27
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(1) At a hearing and at all stages of a proceeding for court -ordered assisted outpatient 1
treatment, the respondent shall be: 2
(a) Represented by counsel; 3
(b) Accompanied by a peer support specialist or other person in a support 4
relationship, if requested by the respondent; and 5
(c) Afforded an opportunity to present evidence, call witnesses on his or her 6
behalf, and cross-examine adverse witnesses. 7
(2) If a respondent does not appear at the hearing, and appropr iate attempts to elicit the 8
respondent's appearance have failed, the court may conduct the hearing in the 9
respondent's absence. 10
(3) A qualified mental health professional who recommends court -ordered assisted 11
outpatient treatment for the respondent shall: 12
(a) Testify at the hearing, in person or via electronic means; 13
(b) State the facts and clinical determinations which support the allegation that 14
the respondent meets the criteria stated in KRS 202A.0815; and 15
(c) Testify in support of the treatment plan provided pursuant to KRS 202A.0817, 16
and for each category of proposed evidence -based treatment, he or she shall 17
state the specific recommendation and the clinical basis for his or her belief 18
that such treatment is essential to the maintenance of the responden t's health 19
or safety. 20
(4) If after hearing all relevant evidence, the court does not find by clear and 21
convincing evidence that the respondent meets the criteria stated in KRS 22
202A.0815, the court shall deny the petition and the proceedings against the 23
respondent shall be dismissed. 24
(5) If after hearing all relevant evidence, the court finds by clear and convincing 25
evidence that the respondent meets the criteria stated in KRS 202A.0815, the court 26
may order the respondent to receive assisted outpatient treat ment for a period of 27
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time not to exceed three hundred sixty (360) days and to comply with any other 1
reasonable conditions necessary to ensure compliance . The court's order shall 2
incorporate a treatment plan, which shall be limited in scope to the 3
recommendations included in the treatment plan provided by the qualified mental 4
health professional pursuant to KRS 202A.0817. 5
(6) The court shall report every order for assisted outpatient treatment issued under this 6
section to the Department for Behavioral Health , Developmental and Intellectual 7
Disabilities. 8
Section 22. KRS 202A.0823 is amended to read as follows: 9
(1) A person's substantial failure to comply with a court order for assisted outpatient 10
treatment may constitute pre sumptive grounds for the court or an authorized staff 11
physician to order a seventy -two (72) hour emergency admission to allow for 12
reexamination of the person to determine whether he or she meets the criteria for 13
involuntary hospitalization under Section 34 of this Act [ pursuant to KRS 14
202A.031]. 15
(2) (a) Upon the refusal of a person subject to a court order for assisted o utpatient 16
treatment to participate in any or all aspects of his or her treatment plan, 17
the person's outpatient provider may establish a review committee that is 18
made up of three (3) qualified mental health professionals to examine the 19
appropriateness of th e person's treatment plan. The review committee shall 20
include at least one (1) qualified mental health professional who is directly 21
involved with the person's treatment, if available. Within three (3) days of 22
the refusal, the review committee shall meet th e person and his or her 23
counsel or other representative to discuss its recommendations. 24
(b) If the person still refuses to participate in any or all aspects of his or her 25
treatment plan, the person's outpatient provider may petition the District 26
Court for a de novo determination of the appropriateness of the proposed 27
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treatment. 1
(c) Within seven (7) days, the court shall conduct a hearing, consistent with the 2
person's rights to due process of law, and shall utilize the following factors 3
in reaching its determination: 4
1. Whether the treatment is necessary to protect the person or others 5
from harm; 6
2. Whether the person is incapable of giving informed consent to the 7
proposed treatment; 8
3. Whether any less restrictive alternative treatment exists; and 9
4. Whether the proposed treatment carries any risk of permanent side 10
effects. 11
(d) 1. Upon completion of the hearing, the court shall enter an appropriate 12
judgment. 13
2. An order entered under this paragraph shall not allow for a person to 14
be physically restrained in order to administer any medication in any 15
outpatient treatment setting. 16
(e) A judgment entered under paragraph (d) of this subsection may extend to 17
treatment provided during a seventy-two (72) hour emergency admission. 18
(3) (a) Failure to comply with an order for assisted outpatient treatment shall not be 19
grounds to find the person in contempt of court but shall be prima facie 20
evidence that: 21
1. The person can benefit from inpatient hospitalization; and 22
2. Inpatient hospitalization is the least restrictive mode of treatment. 23
(b) If a new petition for involuntary hospitalization is fi led within twelve (12) 24
months of an order for assisted outpatient treatment, the clerk of the court 25
shall provide the prior order to: 26
1. The court with the petition for involuntary hospitalization; and 27
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2. The qualified mental health professional along with the court's order 1
for examination. 2
(c) The qualified mental health professional who conducts the examination as 3
described under paragraph (b)2. of this subsection shall independently 4
evaluate the person, considering the person's prior order for assisted 5
outpatient treatment, and certify whether he or she meets the criteria for 6
involuntary hospitalization under Section 34 of this Act. 7
(d) A person shall not be involuntarily hospitalized based solely on his or her 8
failure to comply with a prior order for assisted outpatient treatment. 9
(4) (a) Any person admitted to a hospital under subsection (1) of this section or 10
transferred to a hospital while ordered hospitalized under subsection (1) of 11
this section shall be transported from the person's home county by th e 12
sheriff of that county or other peace officer as ordered by the court. 13
(b) The sheriff or other peace officer may, upon agreement of a person 14
authorized by the peace officer, authorize the cabinet, a private agency on 15
contract with the cabinet, or an ambulance service designated by the cabinet 16
to transport the person to the hospital. 17
(c) The transportation costs of the sheriff, other peace officer, ambulance 18
service, or other private agency on contract with the cabinet shall be paid by 19
the cabinet in accordance with an administrative regulation promulgated by 20
the cabinet in accordance with KRS Chapter 13A. 21
(5) (a) Any person released from the hospital under subsection (1) of this section 22
shall be transported to the person's county of discharge by a sheriff or other 23
peace officer, by an ambulance service designated by the cabinet, or by 24
other appropriate means of transportation which is consistent with the 25
treatment plan of that person. 26
(b) The transportation cost of transporting the patient to the patient's county of 27
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discharge when performed by a peace officer, ambulance service, or other 1
private agency on contract with the cabinet shall be paid by the cabinet in 2
accordance with an administrative regulation promulgated by the cabinet in 3
accordance with KRS Chapter 13A. 4
Section 23. KRS 202A.091 is amended to read as follows: 5
(1) The court records of a respondent made in all proceedings pursuant to this[KRS] 6
chapter [202A ]are hereby declared to be confidential and shall not be open to the 7
general public for inspection except when such disclosure is provided in KRS 8
202A.016. 9
(2) Twelve (12) months after [following] the discharge of a respondent from a 10
treatment facility or the issuance of a court order denying a petition for a 11
commitment, a respondent may [at any time ] move to have all court records 12
pertaining to the proceedings expunged from the files of the court. The county 13
attorney shall be given notice of the[any such] motion and shall have five (5) days 14
in which to respond to the motion [same] or request a hearing on the 15
motion[thereon]. 16
(3) (a) Any petitioner under Section 11 of this Act who qualifies as a responsible 17
party under KRS 311.631 may motion the court to participate in court 18
proceedings and be informed by a hospi tal of the discharge plan prior to a 19
respondent's release under this chapter, except for any confidential 20
therapeutic communication or any other medical records. 21
(b) The court may enter a written order allowing the petitioner to participate as 22
described in paragraph (a) of this subsection, unless the court finds the 23
petitioner's participation is not in the best interests of the respondent. 24
(4) Any person seeking information contained in the court files or the court records of 25
proceedings involving persons u nder this chapter may file a written motion in the 26
cause setting out why the information is needed. A District Judge may issue an 27
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order to disclose the information sought if he or she finds the[such] order is 1
appropriate under the circumstances and if he or she finds it is in the best interest of 2
the person or of the public to have the[such] information disclosed. 3
Section 24. KRS 202A.101 is amended to read as follows: 4
(1) The court which orders any person to the receivin g hospital or psychiatric facility, 5
under the provisions of this chapter [,] shall immediately[at once] notify the 6
receiving hospital or psychiatric facility that the[such] order has been made, 7
advising of the sex and condition of the person. 8
(2) After the facility has been [so ] notified, the court shall order the sheriff of the 9
county or other peace officer to transport the patient within forty -eight (48) hours , 10
[(]excluding weekends and holidays ,[)] from the county in which the person is 11
located to the hospital or psychiatric facility designated by the cabinet. The sheriff 12
or other peace officer may, upon agreement of a person authorized by the peace 13
officer, authorize the cabinet, a private agency on contract with the cabinet, or an 14
ambulance service designated by the cabinet to transport the person to the hospital. 15
(3) The transportation costs of transporting a person to a hospital or psychiatric facility, 16
when performed b y a peace officer, an ambulance service, or other private agency 17
on contract with the cabinet shall be paid by the cabinet in accordance with 18
administrative regulation promulgated by the cabinet under the provisions of KRS 19
Chapter 13A. 20
(4) In returning any patient to the county from which the patient is sent, the 21
transportation cost of the sheriff or other peace officer, the ambulance service, or 22
the other agency on contract with the cabinet transporting the patient shall be paid 23
as provided in KRS 202A.028(5)[(4)], when necessary. 24
(5) Whenever an individual is involuntarily hospitalized by a court order the patient 25
shall be transported t o the hospital designated by the cabinet and accompanied by 26
the following documents: 27
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(a) A copy of the petition for involuntary hospitalization, unless hospitalization 1
takes place pursuant to KRS 202A.041 or Section 15 or 22 of this Act; 2
(b) The certificate of qualified mental health professionals, if any; and 3
(c) The order of involuntary hospitalization. 4
(6) The hospital may refuse to receive any person who has been ordered to be 5
involuntarily hospitalized by a court order if the papers presented with the[such] 6
person at the hospital do not comply with the provisions of this chapter or if it does 7
not receive notification of the order of involuntary hospitalization as required by 8
this chapter. 9
Section 25. KRS 202A.171 is amended to read as follows: 10
Except as provided otherwise in this chapter, an authorized staff physician of a hospital 11
shall discharge an involuntary patient when he no longer meets the criteria for 12
involuntary hospitalization. 13
Section 26. KRS 202C.010 is amended to read as follows: 14
As used in this chapter, unless the context otherwise requires: 15
(1) "Cabinet" means the [Kentucky ]Cabinet for Health and Family Services; 16
(2) "Commitment hearing" means the hearing under KRS 2 02C.040 to determine if a 17
respondent meets the criteria for involuntary commitment under this chapter; 18
(3) "Danger" means substantial physical harm or threat of substantial physical harm 19
upon self or others; 20
(4) "Evidentiary hearing" means the hearing und er KRS 202C.030 to determine if the 21
respondent is responsible for [defendant committed] the qualifying offense for 22
which he or she was charged by a preponderance of the evidence; 23
(5) "Forensic psychiatric facility" means a mental institution or facility, or part thereof, 24
designated by the secretary for the purpose and function of providing inpatient 25
evaluation, care, and treatment for [mentally ill persons or ] individuals with an 26
intellectual disability or mental illness who have been charged with or convicted of 27
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a felony; 1
(6) "Hospital" means: 2
(a) A state mental hospital or institution or other licensed public or private 3
hospital, institution, health -care facility, or part thereof, approved by the 4
cabinet[Kentucky Cabinet for Health and Family Services] as e quipped to 5
provide full -time residential care and treatment for [mentally ill persons or 6
]individuals with an intellectual disability or mental illness; or 7
(b) A hospital, institution, or health -care facility of the government of the United 8
States equipped to provide residential care and treatment for [mentally ill 9
persons or ]individuals with an intellectual disability or mental illness; 10
(7) "Individual with a mental illness" means a person with substantially impaired 11
capacity to use self-control, judgment, or discretion in the conduct of the person's 12
affairs and social relations, associated with maladaptive behavior or recognized 13
emotional symptoms where impaired capacity, maladaptive behavior, or 14
emotional symptoms can be related to physiological, psychol ogical, or social 15
factors; 16
(8) "Individual with an intellectual disability" means a person with significantly 17
subaverage general intellectual functioning existing concurrently with deficits in 18
adaptive behavior and manifested during the developmental period; 19
(9)[(8)] "Judge" means the judge who found the respondent incompetent to stand trial 20
in the criminal proceeding from which the petition for involuntary commitment 21
arose; 22
(10)[(9)] "Less restrictive alternative mode of treatment" means a treatment given 23
outside of a forensic psychiatric facility which would provide a respondent with 24
appropriate treatment or care consistent with accepted professional practice 25
standards and protect the respondent's safety and the safety of others;[ 26
(10) "Mentally ill person" means a person with substantially impaired capacity to use 27
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self-control, judgment, or discretion in the conduct of the person's affairs and social 1
relations, associated with maladaptive behavior or recognized emotional symptoms 2
where impaired capacity, maladaptive behavior, or emotional symptoms can be 3
related to physiological, psychological, or social factors;] 4
(11) "Qualified mental health professional" means: 5
(a) A physician licensed under the laws of Kentucky to practice medicine o r 6
osteopathy, or a medical officer of the government of the United States while 7
engaged in the performance of official duties; 8
(b) A psychiatrist licensed under the laws of Kentucky to practice medicine or 9
osteopathy, or a medical officer of the government of the United States while 10
engaged in the practice of official duties, who is certified or eligible to apply 11
for certification by the American Board of Psychiatry and Neurology, Inc.; 12
(c) A psychologist with the health service provider designation, a psyc hological 13
practitioner, a certified psychologist, or a psychological associate, licensed 14
under the provisions of KRS Chapter 319; 15
(d) A licensed registered nurse with a master's degree in psychiatric nursing from 16
an accredited institution and two (2) years of clinical experience with 17
individuals with a mental illness [mentally ill persons] , or a licensed 18
registered nurse, with a bachelor's degree in nursing from an accredited 19
institution, who is certified as a psychiatric and mental health nurse by the 20
American Nurses Association and who has three (3) years of inpatient or 21
outpatient clinical experience in psychiatric nursing and is currently employed 22
by a hospital or forensic psychiatric facility licensed by the Commonwealth or 23
a psychiatric unit of a genera l hospital or a private agency or company 24
engaged in the provision of mental health services or a regional community 25
program for mental health and individuals with an intellectual disability; 26
(e) A licensed clinical social worker licensed under the provisions of KRS 27
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335.100, or a certified social worker licensed under the provisions of KRS 1
335.080 with three (3) years of inpatient or outpatient clinical experience in 2
psychiatric social work and cur rently employed by a hospital or forensic 3
psychiatric facility licensed by the Commonwealth or a psychiatric unit of a 4
general hospital or a private agency or company engaged in the provision of 5
mental health services or a regional community program for mental health and 6
individuals with an intellectual disability; 7
(f) A marriage and family therapist licensed under the provisions of KRS 8
335.300 to 335.399 with three (3) years of inpatient or outpatient clinical 9
experience in psychiatric mental health practi ce and currently employed by a 10
hospital or forensic facility licensed by the Commonwealth, a psychiatric unit 11
of a general hospital, a private agency or company engaged in providing 12
mental health services, or a regional community program for mental health 13
and individuals with an intellectual disability; 14
(g) A professional counselor credentialed under the provisions of KRS Chapter 15
335.500 to 335.599 with three (3) years of inpatient or outpatient clinical 16
experience in psychiatric mental health practice and currently employed by a 17
hospital or forensic facility licensed by the Commonwealth, a psychiatric unit 18
of a general hospital, a private agency or company engaged in providing 19
mental health services, or a regional community program for mental health 20
and individuals with an intellectual disability; or 21
(h) A physician assistant licensed under KRS 311.840 to 311.862, who meets one 22
(1) of the following requirements: 23
1. Provides documentation that he or she has completed a psychiatric 24
residency program for physician assistants; 25
2. Has completed at least one thousand (1,000) hours of clinical experience 26
under a supervising physician, as defined by KRS 311.840, who is a 27
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psychiatrist and is certified or eligible for certification by the American 1
Board of Psychiatry and Neurology, Inc.; 2
3. Holds a master's degree from a physician assistant program accredited 3
by the Accreditation Review Commission on Education for the 4
Physician Assistant or its predecessor or successor agencies, is 5
practicing under a supervising physici an as defined by KRS 311.840, 6
and: 7
a. Has two (2) years of clinical experience in the assessment, 8
evaluation, and treatment of mental disorders; or 9
b. Has been employed by a hospital or forensic psychiatric facility 10
licensed by the Commonwealth or a psychi atric unit of a general 11
hospital or a private agency or company engaged in the provision 12
of mental health services or a regional community program for 13
mental health and individuals with an intellectual disability for at 14
least two (2) years; or 15
4. Holds a b achelor's degree, possesses a current physician assistant 16
certificate issued by the board prior to July 15, 2002, is practicing under 17
a supervising physician as defined by KRS 311.840, and: 18
a. Has three (3) years of clinical experience in the assessment, 19
evaluation, and treatment of mental disorders; or 20
b. Has been employed by a hospital or forensic psychiatric facility 21
licensed by the Commonwealth or a psychiatric unit of a general 22
hospital or a private agency or company engaged in the provision 23
of mental health services or a regional community program for 24
mental health and individuals with an intellectual disability for at 25
least three (3) years; 26
(12) "Qualifying offense" means a capital offense, a Class A felony, a Class B felony 27
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resulting in death or seri ous physical injury, or a violation of KRS 510.040 or 1
510.070; 2
(13) "Respondent" means a person who was a criminal defendant found incompetent to 3
stand trial who is or was the subject of a petition for involuntary commitment filed 4
under KRS Chapter 504; 5
(14) "Review hearing" means any hearing conducted to determine if a respondent 6
continues to meet the criteria for involuntary commitment after the initial order for 7
involuntary commitment has been issued under this chapter; and 8
(15) "Secretary" means the secretary of the Cabinet for Health and Family Services. 9
Section 27. KRS 202C.020 is amended to read as follows: 10
(1) When a defendant who is charged with a qualifying offense has been found, after a 11
hearing under KRS Chapter 504, to be incompetent to stand trial with no substantial 12
probability that the defendant will attain competency within three hundred sixty 13
(360) days, the Commonwealth's attorney's office serving the county of criminal 14
prosecution shall immediately petit ion the Circuit Court that found the defendant 15
incompetent to stand trial or, if the finding was by a District Court, the Circuit 16
Court in the county of the criminal prosecution, for an involuntary commitment 17
proceeding, to include an evidentiary hearing a nd a commitment hearing, if 18
applicable, under this chapter. 19
(2) (a) Upon the filing of the petition, the court shall assign a guardian ad litem to 20
represent the [needs and ] best interest of the respondent , independent of the 21
respondent's defense attorney. 22
(b) The guardian ad litem shall: 23
1. Be a full and active participant in all proceedings other than the 24
evidentiary hearing under KRS 202C.030 . At the evidentiary hearing, 25
the guardian ad litem's role shall be limited to assisting the respondent 26
with decision-making related to the hearing, including but not limited 27
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to whether to waive the hearing, whether to stipulate to the allegations, 1
and whether to testify. The guardian ad litem shall not act as an 2
attorney advocate at the evidentiary hearing;[ and shall] 3
2. Independently investigate, assess, and advocate for the 4
respondent's[defendant's] best interest;[. The guardian ad litem is] 5
3. Not be a replacement for the respondent's defense attorney; and 6
4. Be paid an hourly rate not to exceed the maximum hourly rate 7
provided in the Legal Services Duties and Maximum Rate Schedule 8
promulgated by the Government Contract Review Committee 9
established pursuant to KRS 45A.705, to be paid by the Finance and 10
Administration Cabinet. 11
(c) If the respondent[defendant] has re tained or been appointed a defense 12
attorney in the criminal case, that attorney may continue to represent the 13
respondent[defendant] in proceedings under this chapter. If, at any time 14
during the pendency of proceedings under this chapter, the 15
respondent[defendant] is not represented by an attorney, the court shall 16
appoint counsel for the respondent[defendant], without a showing of 17
indigency, to be provided by the Department of Public Advocacy or its 18
designee. 19
(3) The Circuit Court shall have exclusive jurisdiction over all proceedings under this 20
chapter. 21
(4) The Circuit Court in the county of the criminal prosecution shall retain 22
jurisdiction over all proceedings under this chapter until the respondent is 23
discharged. 24
Section 28. KRS 202C.030 is amended to read as follows: 25
(1) An adversarial evidentiary hearing on the record shall be held within forty-five 26
(45)[twenty (20)] days, excluding weekends and holidays, of the filing of a petition 27
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pursuant to KRS 202C.020, unless the court orders a later hearing for good cause 1
shown. Appropriate notice shall be served on all parties. The court shall order the 2
Commonwealth to provide all available discovery to the respondent no later than 3
seven (7) days, excluding weekends and holidays, before the hearing , unless the 4
court orders a la ter date for good cause shown . [No ]Evidence that has not been 5
disclosed through discovery shall not [may] be presented at the hearing [ that has 6
not been disclosed through discovery]. 7
(2) The respondent may stipulate to potential responsibility[guilt] and w aive the 8
hearing. A stipulation of potential responsibility shall not [guilt cannot] be used 9
against the respondent in any future criminal prosecution or civil litigation. 10
(3) (a) The purpose of the evidentiary hearing shall be to determine whether 11
sufficient evidence exists to support a finding that the respondent is 12
responsible for[guilty of] the charged crime against him or her. 13
(b) The Commonwealth's attorney's office serving the county of criminal 14
prosecution shall have the burden of proving the suffici ency of the evidence 15
by a preponderance of the evidence. 16
(4) The evidentiary hearing shall be held before a judge without a jury. The rules of 17
evidence shall apply. The respondent shall be permitted to present evidence and 18
cross examine witnesses. The resp ondent may present evidence of affirmative 19
defenses that could be raised at a criminal trial on the charged crime , except for the 20
defense of insanity. The Commonwealth shall not have the burden of disproving an 21
affirmative defense. The respondent must prov e an affirmative defense by a 22
preponderance of the evidence. 23
(5) (a) If the court determines that sufficient evidence has been presented to support a 24
finding that the respondent is responsible for [guilty of] the charged crime 25
against him or her, the court shall immediately schedule a commitment 26
hearing under this chapter to be held within forty-five (45)[twenty (20)] days, 27
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unless the court orders a later hearing for good cause shown , excluding 1
weekends and holidays. 2
(b) 1. The court shall cause the responde nt to be examined without 3
unnecessary delay by two (2) qualified mental health professionals, at 4
least one (1) of whom is a physician. The qualified mental health 5
professionals shall, no fewer than [within] seven (7) days, excluding 6
weekends and holidays, p rior to the hearing, certify to the court their 7
findings as to whether the respondent meets the criteria for involuntarily 8
commitment under KRS 202C.050. 9
2. A copy of the findings submitted under subparagraph 1. of this 10
paragraph shall be sent to the Commo nwealth, the respondent's 11
attorney of record, the respondent's guardian ad litem, and all other 12
parties of record. 13
(6) If the court determines that insufficient evidence has been presented to support a 14
finding that the respondent is responsible for[guilty of] the charged crime against 15
him or her, the court shall order the immediate release of the respondent. 16
(7) Any[No] evidence or statement submitted by the respondent at the evidentiary 17
hearing shall not be admissible in any criminal prosecution or civil litigation. 18
Section 29. KRS 202C.040 is amended to read as follows: 19
(1) A commitment hearing shall be held within forty-five (45) [twenty (20)] days, 20
unless the court orders a later hearing for good cause shown, excluding weekends 21
and holidays, after the court finds that the evidence presented in an evidentiary 22
hearing pursuant to KRS 202C.030 supports a finding that the respondent is 23
responsible for[guilty of] the charged crime against him or her by a preponder ance 24
of the evidence. 25
(2) The commitment hearing may be conducted in an informal manner, consistent with 26
orderly procedures, and in a physical setting not likely to have a harmful effect on 27
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the mental or physical health of the respondent. The hearing may b e held by the 1
court in chambers, at a forensic psychiatric facility, or other suitable place. 2
(3) (a) The Commonwealth's attorney's office serving the county of criminal 3
prosecution which led to the finding that the respondent was incompetent to 4
stand trial shall present evidence regarding whether the respondent meets the 5
criteria for involuntary commitment under KRS 202C.050. 6
(b) The respondent [and the respondent's guardian ad litem ] shall be afforded an 7
opportunity to testify, and the respondent's counse l shall conduct the 8
hearing on the respondent's behalf to present evidence [,] and to cross -9
examine any witnesses. 10
(c) The respondent's guardian ad litem shall participate in the proceeding in a 11
best-interest, friend -of-the-court capacity and may submit ind ependent 12
recommendations to the court or jury, if a jury has been requested, 13
regarding the respondent's best interest. 14
(4) The manner of proceeding and the rules of evidence shall be the same as those in 15
any criminal proceeding. The standard of proof shall be proof beyond a reasonable 16
doubt. Proceedings shall be heard by the judge unless a party or the guardian ad 17
litem requests a jury. 18
(5) The respondent's right to the commitment hearing shall not be waived. 19
Section 30. KRS 202C.050 is amended to read as follows: 20
(1) A[No] respondent shall not be involuntarily committed under this chapter unless 21
there is a determination that: 22
(a) The respondent presents , or would present if released, a danger to self or 23
others as a result of his or her mental condition; and 24
(b) [The respondent needs care, training, or treatment in order to mitigate or 25
prevent substantial physical harm to self or others; 26
(c) The respondent has a demonstrated history or recent manifestation of criminal 27
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behavior that has endangered or caused injury to others or has a substantial 1
history of involuntary hospitalizations under KRS Chapter 202A or 202B 2
prior to the commission of the charged crime; or 3
(d) ]A presently available less restrictive alternative mode of treatment would 4
endanger the safety of the respondent or others. 5
(2) When a respondent is involuntarily committed under this chapter, the cabinet shall 6
place that respondent in a forensic psychiatric facility designated by the secretary. 7
Section 31. KRS 202C.060 is amended to read as follows: 8
(1) (a) A review hearing to determine if a respondent involuntarily committed under 9
this chapter should remain in a forensic psychiatric facility shall be conducted 10
by the court that issued the initial order in accordance w ith[according to the 11
provisions of] subsection (2) of this section; and 12
(b) If at any point during the respondent's placement at a forensic psychiatric 13
facility it appears that the respondent no longer meets the criteria for 14
involuntary commitment under K RS 202C.050 because there has been a 15
material change in circumstances or there is new evidence to present, the 16
respondent or the respondent's guardian ad litem may request a review hearing 17
pursuant to this section. 18
(2) The schedule for review hearings shall be as follows: 19
(a) From the initial order of commitment, a [standard ] review hearing shall be 20
conducted no earlier[not sooner] than ninety (90) days and no[not] later than 21
one hundred twenty (120) days; and 22
(b) After the review hearing under paragraph (a ) of this subsection, review 23
hearings shall be conducted not less than once every two (2) years unless a 24
review hearing has been requested under subsection (1)(b) of this 25
section[For the first two (2) years after the initial order of commitment, 26
standard review hearings shall be conducted not less than one hundred eighty 27
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(180) days and not more than two hundred ten (210) days from the most 1
recent review; 2
(c) Beginning two (2) years after the initial order of commitment, a standard 3
review hearing shall be co nducted not more than three hundred sixty -five 4
(365) days from the most recent review hearing; and 5
(d) A heightened review hearing shall be conducted not more than five (5) years 6
from the initial order of commitment and, thereafter, not more than five (5) 7
years from the most recent heightened review hearing]. 8
(3) (a) Prior to each [standard ]review hearing, the court shall cause the respondent to 9
be examined without unnecessary delay by two (2) qualified mental health 10
professionals, at least one (1) of whom is a physician. The qualified mental 11
health professionals shall, no fewer than [within] seven (7) days prior to the 12
hearing, excluding weekends and holidays, certify to the court their findings 13
as to whether the respondent meets the criteria for involuntarily commitment 14
under KRS 202C.050. 15
(b) 1. In addition to the examinations required under paragraph (a) of this 16
subsection, the respondent shall undergo evaluations of c ompetency at 17
least once every two (2) years to be conducted at a forensic psychiatric 18
facility. 19
2. Upon a finding by the forensic psychiatric facility that the 20
respondent's competency has been restored, the forensic psychiatric 21
facility shall provide writt en notice of restoration to the court, the 22
Commonwealth, the respondent's attorney of record, the respondent's 23
guardian ad litem, and all other parties of record within ten (10) days 24
of the determination of restoration. 25
3. Upon receipt of the notice of res toration of the respondent's 26
competency, a status conference shall be held within thirty (30) days, 27
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unless the court orders a later hearing for good cause shown. 1
(4) A [standard ]review hearing may be conducted in an informal manner, consistent 2
with orderly procedures, and in a physical setting not likely to have a harmful effect 3
on the mental or physical health of the respondent. The hearing may be held by the 4
court in chambers, [or ] remotely from a forensic psychiatric facility, or in 5
another[other] suitable place. The respondent shall be present in person or remotely 6
for all review hearings, unless presence is waived by the respondent through 7
counsel. 8
(5) (a) The Commonwealth's attorney's office serving the county of criminal 9
prosecution which led to finding that the respondent was incompetent to stand 10
trial shall present evidence regarding whether the respondent [ remains 11
incompetent to stand trial and] continues to meet the criteria for involuntary 12
commitment under KRS 202C.050. 13
(b) The respondent , throug h counsel, [and the respondent's guardian ad litem 14
]shall be afforded an opportunity to present evidence, and to cross -examine 15
any witnesses. 16
(c) The respondent's guardian ad litem shall be permitted to participate in the 17
review hearing in a best -interest, friend-of-the-court capacity and may 18
submit independent recommendations to the court regarding the 19
respondent's best interest. 20
(6) The manner of proceeding and the rules of evidence shall be the same as those in 21
any criminal proceeding. The standard of pr oof shall be proof beyond a reasonable 22
doubt. Proceedings shall be heard by a judge without a jury [, except that a 23
respondent shall be entitled to a jury upon request if the respondent has not had a 24
review hearing with a jury during the preceding twelve (12) months]. 25
(7) The respondent's right to this hearing shall not be waived. 26
(8) At the conclusion of a [standard ] review hearing, the court shall make written 27
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findings of fact concerning whether the criteria for involuntary commitment under 1
KRS 202C.050 co ntinue to be satisfied based upon proof beyond a reasonable 2
doubt. If the court finds that the criteria continue to be satisfied, the court shall enter 3
an order authorizing the continued care and treatment of the respondent at the 4
forensic psychiatric faci lity. Otherwise, the court shall enter an order requiring the 5
respondent to be discharged.[ 6
(9) During a heightened review hearing, the procedures of a standard review hearing 7
shall apply. Additionally, the qualified mental health professionals who evaluat ed 8
the respondent in preparation for the hearing shall be required to give live testimony 9
and answer questions before the court. The respondent shall be physically present in 10
the courtroom for the hearing. If the respondent is unable to attend for any reas on, 11
the hearing shall be rescheduled to a time, place, and manner in which the 12
respondent is able to attend.] 13
Section 32. KRS 202C.130 is amended to read as follows: 14
(1) Forensic psychiatric facilities ordered to receive an involuntarily committed 15
respondent shall have standing to petition the Circuit Court for any necessary 16
clarification or modification of orders or judgments entered in proceedings under 17
this chapter and to appeal from final judgments or orders entered in proceedings 18
which have not complied with the provisions of this chapter. 19
(2) A copy of any motions filed under subsection (1) of this section shall be sent to 20
the involuntarily committed respondent, the r espondent's guardian ad litem, [and 21
]the respondent's attorney of record, the Commonwealth, and all other parties of 22
record[ of whatever pleadings are filed by the hospital]. 23
Section 33. KRS 202A.014 is amended to read as follows: 24
All proceedings for the involuntary hospitalization of individuals with a mental 25
illness[mentally ill persons] shall be initiated in the District Court of the county where the 26
person to be hospitalized resides or in which he may be at the time o f the filing of a 27
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petition. 1
Section 34. KRS 202A.026 is amended to read as follows: 2
A[No] person shall not be involuntarily hospitalized unless the[such] person is an 3
individual with a mental illness[a mentally ill person]: 4
(1) Who presents a danger or threat of danger to self, family or others as a result of the 5
mental illness; 6
(2) Who can reasonably benefit from treatment; and 7
(3) For whom hospitalization is the least restrictive alternative mode of treatment 8
presently available. 9
Section 35. KRS 202A.231 is amended to read as follows: 10
(1) Upon receipt of a certificate of the United States Public Health Service or [such 11
]other agency of the United States government that facilities are available for the 12
care or treatment of any person [heretofore ]hospitalized in any mental hospital or 13
other institution in this state for the care of individuals with a mental 14
illness[mentally ill p ersons] and that such person is eligible for such care or 15
treatment, the secretary, upon recommendation by any such hospital or institution in 16
this state, is [hereby ] authorized to cause the transfer of any such person to the 17
United States Public Health Se rvice or other agency of the United States 18
government for care or treatment. Upon effecting any such transfer, the 19
hospitalizing court shall be notified [thereof ]by the secretary. 20
(2) Any person transferred as provided in this section shall be deemed to b e placed in 21
the custody of the United States Public Health Service or other agency of the United 22
States government pursuant to the original hospitalization the same as if he or she 23
had been originally so hospitalized. 24
(3) A[No] person shall not be transferred to any agency of the United States if he or 25
she be confined pursuant to conviction of any felony or misdemeanor or if he or 26
she has been acquitted of the charge solely on the ground of mental illness unless 27
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prior to transfer the court issuing the confi ning order shall enter an order to transfer 1
after the motion and hearing. Any person transferred as provided in this section to 2
any agency of the United States shall be hospitalized by such agency pursuant to the 3
original order of hospitalization. 4
Section 36. KRS 202A.261 is amended to read as follows: 5
No public or private hospital, other than a state -operated or contracted mental hospital or 6
institution, shall be required to provide services under KRS 202A.008, 202A.011, 7
202A.028, 202A.041, 202A.051, 202A.071, [202A.081, ] 202A.0811 to 202A.0831, 8
202A.101, 202A.141, 202A.241, 202A.251, 202A.261, 202A.271, 202B.170, 202B.200, 9
387.540, 504.085, 600.020, 645.020, 645.120, and 645.280 unless the hospital agrees to 10
provide the services. Any hospital shall make every reasonable attempt to cooperate with 11
the implementation of KRS 202A.008, 202A.011, 202A.028, 202A.041, 202A.051, 12
202A.071, [202A.081, ] 202A.101, 202A.141, 202A.241, 202A.251, 202A.261, 13
202A.271, 202B.170, 202B.200, 3 87.540, 504.085, 600.020, 645.020, 645.120, and 14
645.280. 15
Section 37. KRS 202A.271 is amended to read as follows: 16
Each public or private hospital, other than a state -operated or contracted mental hospital 17
or institution, which provides services under KRS 202A.008, 202A.011, 202A.028, 18
202A.041, 202A.051, 202A.071, [202A.081, ] 202A.0811 to 202A.0831, 202A.101, 19
202A.141, 202A.241, 202A.251, 202A.261, 202A.271, 202B.170, 202B.200, 387.540, 20
504.085, 600.020, 645.020, 645.120, a nd 645.280 shall be paid for the services at the 21
same rates the hospital negotiates with the Department for Behavioral Health, 22
Developmental and Intellectual Disabilities or the regional community program for 23
mental health and for individuals with an intellectual disability. 24
Section 38. KRS 387.540 is amended to read as follows: 25
(1) (a) Prior to a hearing on a petition for a determination of partial disability or 26
disability and the appointment of a limited guardian, guard ian, limited 27
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conservator, or conservator, an interdisciplinary evaluation report shall be 1
filed with the court. The report may be filed as a single and joint report of the 2
interdisciplinary evaluation team, or it may otherwise be constituted by the 3
separate reports filed by each individual of the team. 4
(b) If the court and all parties to the proceeding and their attorneys agree to the 5
admissibility of the report or reports, the report or reports shall be admitted 6
into evidence and shall be considered by the court or the jury if one is 7
impaneled. 8
(c) The report shall be compiled by at least three (3) individuals, including: 9
1. A physician, an advanced practice registered nurse, or a physician 10
assistant; 11
2. A psychologist licensed or certified under the provis ions of KRS 12
Chapter 319; and 13
3. A person licensed or certified as a social worker or an employee of the 14
Cabinet for Health and Family Services who has at least one (1) year of 15
investigative experience and has completed training in conducting 16
decisional capacity assessments. The social worker shall, when possible, 17
be chosen from among employees of the Cabinet for Health and Family 18
Services residing or working in the area, and there shall be no additional 19
compensation for their service on the interdisciplinary evaluation team. 20
(2) At least one (1) person participating in the compilation of the report shall have 21
knowledge of the particular disability which the respondent is alleged to have or 22
knowledge of the skills required of the respondent to care for himself and his estate. 23
(3) If the respondent is alleged to be partially disabled or disabled due to mental illness, 24
at least one (1) person participating in the compilation of the interdisciplinary 25
evaluation report shall be a qualified mental health professional as defined in KRS 26
202A.011[(13)]. If the respondent is alleged to be partially disabled or disabled due 27
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to an intellectual disability, at least one (1) person participating in the compilation 1
of the evaluation report shall be a qualified professional in the area of intellectu al 2
disabilities as defined in KRS 202B.010(12). 3
(4) The interdisciplinary evaluation report shall contain: 4
(a) A description of the nature and extent of the respondent's disabilities, if any; 5
(b) Current evaluations of the respondent's social, intellectual , physical, and 6
educational condition, adaptive behavior, and social skills. Such evaluations 7
may be based on prior evaluations not more than three (3) months old, except 8
that evaluations of the respondent's intellectual condition may be based on 9
individual intelligence test scores not more than one (1) year old; 10
(c) An opinion as to whether guardianship or conservatorship is needed, the type 11
of guardianship or conservatorship needed, if any, and the reasons therefor; 12
(d) An opinion as to the length of time guardianship or conservatorship will be 13
needed by the respondent, if at all, and the reasons therefor; 14
(e) If limited guardianship or conservatorship is recommended, a further 15
recommendation as to the scope of the guardianship or conservatorship, 16
specifying particularly the rights to be limited and the corresponding powers 17
and duties of the limited guardian or limited conservator; 18
(f) A description of the social, educational, medical, and rehabilitative services 19
currently being utilized by the respondent, if any; 20
(g) A determination whether alternatives to guardianship or conservatorship are 21
available; 22
(h) A recommendation as to the most appropriate treatment or rehabilitation plan 23
and living arrangement for the respondent and the reasons therefor; 24
(i) A li sting of all medications the respondent is receiving, the dosage, and a 25
description of the impact of the medication upon the respondent's mental and 26
physical condition and behavior; 27
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(j) An opinion whether attending a hearing on a petition filed under KRS 1
387.530 would subject the respondent to serious risk of harm; 2
(k) The names and addresses of all individuals who examined or interviewed the 3
respondent or otherwise participated in the evaluation; and 4
(l) Any dissenting opinions or other comments by the evaluators. 5
(5) The evaluation report may be compiled by a community center for mental health or 6
individuals with an intellectual disability, a licensed facility for mentally ill or 7
developmentally disabled persons, if the respondent is a resident of such fac ility, or 8
a similar agency. 9
(6) In all cases where the respondent is a resident of a licensed facility for mentally ill 10
or developmentally disabled persons and the petition is filed by an employee of that 11
facility, the petition shall be accompanied by an i nterdisciplinary evaluation report 12
prepared by the facility. 13
(7) Except as provided in subsection (6) of this section, the court shall order 14
appropriate evaluations to be performed by qualified persons or a qualified agency. 15
The report shall be prepared an d filed with the court and copies mailed to the 16
attorneys for both parties at least ten (10) days prior to the hearing. All items 17
specified in subsection (4) of this section shall be included in the report. 18
(8) If the person evaluated is a poor person as d efined in KRS 453.190, the examiners 19
shall be paid by the county in which the petition is filed upon an order of allowance 20
entered by the court. Payment shall be in an amount which is reasonable as 21
determined by the court, except no payment shall be requir ed of the county for an 22
evaluation performed by a salaried employee of a state agency for an evaluation 23
performed within the course of his employment. Additionally, no payment shall be 24
required of the county for an evaluation performed by a salaried employ ee of a 25
community center for mental health or individuals with an intellectual disability or 26
private facility or agency where the costs incurred by the center, facility, or agency 27
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are reimbursable through third-party payors. Affidavits or other competent evidence 1
shall be admissible to prove the services rendered but not to prove their value. 2
(9) The respondent may file a response to the evaluation report no later than five (5) 3
days prior to the hearing. 4
(10) The respondent may secure an independent evaluat ion. If the respondent is unable 5
to pay for the evaluation, compensation for the independent evaluation may be paid 6
by the county in an amount which is reasonable as determined by the court. 7
Section 39. KRS 625.090 is amended to read as follows: 8
(1) The Circuit Court may involuntarily terminate all parental rights of a parent of a 9
named child, if the Circuit Court finds from the record by clear and convincing 10
evidence that: 11
(a) 1. The child has been a djudged to be an abused or neglected child, as 12
defined in KRS 600.020[(1)], by a court of competent jurisdiction; 13
2. The child is found to be an abused or neglected child, as defined in KRS 14
600.020[(1)], by the Circuit Court in this proceeding; 15
3. The child is found to have been diagnosed with neonatal abstinence 16
syndrome at the time of birth, unless his or her birth mother: 17
a. Was prescribed and properly using medication for a legitimate 18
medical condition as directed by a health care practitioner that may 19
have led to the neonatal abstinence syndrome; 20
b. Is currently, or within ninety (90) days after the birth, enrolled in 21
and maintaining substantial compliance with both a substance 22
abuse treatment or recovery program and a regimen of prenatal 23
care o r postnatal care as recommended by her health care 24
practitioner throughout the remaining term of her pregnancy or the 25
appropriate time after her pregnancy; or 26
c. In the absence of a prescription for the treatment of a legitimate 27
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medical condition, agrees, prior to discharge from the hospital, to 1
participate in a court -ordered assessment by a drug treatment 2
provider and the assigning of a certified peer support specialist for 3
referral to appropriate treatment, and agrees to participate in 4
treatment which shall commence within ninety (90) days after the 5
birth; or 6
4. The parent has been convicted of a criminal charge relating to the 7
physical or sexual abuse or neglect of any child and that physical or 8
sexual abuse, neglect, or emotional injury to the child name d in the 9
present termination action is likely to occur if the parental rights are not 10
terminated; 11
(b) 1. The Cabinet for Health and Family Services has filed a petition with the 12
court pursuant to KRS 620.180 or 625.050; or 13
2. A child -placing agency license d by the cabinet, any county or 14
Commonwealth's attorney, or a parent has filed a petition with the court 15
under KRS 625.050; and 16
(c) Termination would be in the best interest of the child. 17
(2) A[No] termination of parental rights shall not be ordered unless the Circuit Court 18
also finds by clear and convincing evidence the existence of one (1) or more of the 19
following grounds: 20
(a) That the parent has abandoned the child for a period of not less than ninety 21
(90) days; 22
(b) That the parent has inflicted or allowed to be inflicted upon the child, by other 23
than accidental means, serious physical injury; 24
(c) That the parent has continuously or repeatedly inflicted or allowed to be 25
inflicted upon the child, by other than accidental means, physical injury or 26
emotional harm; 27
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(d) That the parent has been convicted of a felony that involved the infliction of 1
serious physical injury to any child; 2
(e) That the parent, for a period of not less than six (6) months, has continuously 3
or repeatedly failed or refused to provide o r has been substantially incapable 4
of providing essential parental care and protection for the child and that there 5
is no reasonable expectation of improvement in parental care and protection, 6
considering the age of the child; 7
(f) That the parent has cause d or allowed the child to be sexually abused or 8
exploited; 9
(g) That the parent, for reasons other than poverty alone, has continuously or 10
repeatedly failed to provide or is incapable of providing essential food, 11
clothing, shelter, medical care, or educatio n reasonably necessary and 12
available for the child's well -being and that there is no reasonable expectation 13
of significant improvement in the parent's conduct in the immediately 14
foreseeable future, considering the age of the child; 15
(h) That: 16
1. The parent' s parental rights to another child have been involuntarily 17
terminated; 18
2. The child named in the present termination action was born subsequent 19
to or during the pendency of the previous termination; and 20
3. The conditions or factors which were the basis for the previous 21
termination finding have not been corrected; 22
(i) That the parent has been convicted in a criminal proceeding of having caused 23
or contributed to the death of another child as a result of physical or sexual 24
abuse or neglect; 25
(j) That the child has been in foster care under the responsibility of the cabinet 26
for fifteen (15) cumulative months out of forty -eight (48) months preceding 27
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the filing of the petition to terminate parental rights; or 1
(k) That the child has been removed from the biological or legal parents more 2
than two (2) times in a twenty -four (24) month period by the cabinet or a 3
court. 4
(3) In determining the best interest of the child and the existence of a ground for 5
termination, the Circuit Court shall consider the following factors: 6
(a) Mental illness as defined by KRS 202A.011 [(9)], or an intellectual disability 7
as defined by KRS 202B.010(9) of the parent as certified by a qualified 8
mental health professional, or a disability as defined in KRS 199.011, if the 9
mental illness, intellec tual disability, or disability renders the parent 10
consistently unable to care for the immediate and ongoing physical or 11
psychological needs of the child for extended periods of time; 12
(b) Acts of abuse or neglect as defined in KRS 600.020 [(1)] toward any child in 13
the family; 14
(c) If the child has been placed with the cabinet, whether the cabinet has, prior to 15
the filing of the petition: 16
1. Made reasonable efforts as defined in KRS 620.020 to reunite the child 17
with the parents unless one or more of the circumstances enumerated in 18
KRS 610.127 for not requiring reasonable efforts have been 19
substantiated in a written finding by the District Court; or 20
2. Provided a parent with a disability as defi ned in KRS 199.011 with 21
targeted adaptive and supportive services based on an individual 22
assessment of the parent, or has received a written acknowledgement 23
from the parent knowingly and affirmatively rejecting the offered 24
services; 25
(d) The efforts and adj ustments the parent has made in his or her circumstances, 26
conduct, or conditions to make it in the child's best interest to return the child 27
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to his or her home within a reasonable period of time, considering the age of 1
the child; 2
(e) The physical, emotiona l, and mental health of the child and the prospects for 3
the improvement of the child's welfare if termination is ordered; and 4
(f) The payment or the failure to pay a reasonable portion of substitute physical 5
care and maintenance if financially able to do so. 6
(4) If the child has been placed with the cabinet, the parent may present testimony 7
concerning the reunification, adaptive or supportive services offered by the cabinet, 8
and whether additional services would be likely to bring about lasting parental 9
adjustment enabling a return of the child to the parent. 10
(5) If the parent proves by a preponderance of the evidence that the child will not 11
continue to be an abused or neglected child as defined in KRS 600.020 [(1)] if 12
returned to the parent, or if the parent proves by a preponderance of the evidence 13
that appropriate and specifically targeted adaptive or supportive services based 14
upon an individual assessment of the parent have not been offered or provided to 15
the parent, the court in its discretion may determine not to terminate parental rights. 16
(6) Upon the conclusion of proof and argument of counsel, the Circuit Court shall enter 17
findings of fact, conclusions of law, and a decision as to each parent -respondent 18
within thirty (30) days either: 19
(a) Terminating the right of the parent; or 20
(b) Dismissing the petition and stating whether the child shall be returned to the 21
parent or shall remain in the custody of the state. 22
Section 40. KRS 202A.006 is amended to read as follows: 23
This chapter may be cited as the ["]Kentucky Mental Health Treatment[Hospitalization] 24
Act.["] 25
Section 41. The following KRS section is repealed: 26
202A.081 Court-ordered community-based outpatient treatment. 27
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Section 42. By November 1, 2026, the Cabinet for Health and Family Services 1
shall provide a report to the Legislative Research Commission for referral to the Interim 2
Joint Committee on Health Services and the Interim Joint Committee o n Judiciary 3
describing the existing services, treatments, and supports for mental illness and serious 4
mental illness available to persons who are subject to proceedings under KRS Chapter 5
202A and 202C and making recommendations for ways to strengthen, incr ease, and 6
broaden these services, treatments, and supports as appropriate. The descriptions shall 7
include type of providers, eligibility criteria, accessibility, and geographical locations of 8
the services, treatments, and supports. 9
Section 43. The Cabinet for Health and Family Services and Department for 10
Behavioral Health, Developmental and Intellectual Disabilities shall engage the services 11
of the Treatment Advocacy Center to develop and implement a statewide training 12
program to facilitate implementation of Sections 8 to 41 of this Act and ensure consistent 13
application of Sections 8 to 41 of this Act across state and local agencies. 14
Section 44. Section 1 of this Act may be cited as the Family Preservation and 15
Accountability Act. 16
Section 45. Section 4 of this Act takes effect January 1, 2027. 17
Section 46. Sections 8 to 41 and 43 of this Act take effect October 1, 2026. 18