202A.0811 Petition for hearing regarding court-ordered assisted outpatient

407 words·~2 min read·/ky/202a-0811

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

treatment.

(1)Proceedings for court-ordered assisted outpatient treatment of a person shall be

initiated by the filing of a verified petition for that purpose in District Court.

(2)The petition and all subsequent court documents shall be entitled: "In the interest of

(name of respondent)."

(3)The petition shall be filed by a qualified mental health professional; peace officer;

county attorney; Commonwealth's attorney; spouse, relative, friend, or guardian of

the person concerning whom the petition is filed; or any other interested person.

(4)The petition shall set forth:

(a)Petitioner's relationship to the respondent;

(b)Respondent's name, residence, and current location, if known;

(c)Petitioner's belief, including the factual basis therefor, that the respondent

meets the criteria for court-ordered assisted outpatient treatment as set forth in

KRS 202A.0817; and

(d)Whether, within five

(5)days prior to the filing of the petition, the respondent

has been evaluated by a qualified mental health professional to determine

whether the respondent meets the criteria for court-ordered assisted outpatient

treatment pursuant to KRS 202A.0815.

(5)Upon receipt of the petition, the court shall examine the petitioner under oath as to

the contents of the petition. If the petitioner is a qualified mental health

professional, the court may dispense with the examination.

(6)If, after reviewing the allegations contained in the petition and examining the

petitioner under oath, it appears to the court that there is probable cause to believe

the respondent should be court-ordered to assisted outpatient treatment, the court

shall:

(a)Order the respondent to be evaluated without unnecessary delay by a qualified

mental health professional to determine whether the respondent meets the

criteria for court-ordered assisted outpatient treatment set forth in KRS

202A.0815, unless the court has already received the certified findings of such

an evaluation conducted no earlier than five

(5)days prior to the filing of the

petition. The qualified mental health professional shall certify his or her

findings to the court within seventy-two

(72)hours from receipt of the order,

excluding weekends and holidays; and

(b)Set a date for a hearing within six

(6)days from the date of the filing of the

petition under the provisions of this section, excluding weekends and

holidays, to determine if the respondent should be court-ordered to assisted

outpatient treatment.

(7)If the court finds there is no probable cause to believe the respondent should be

court-ordered to assisted outpatient treatment, the proceedings against the

respondent shall be dismissed.