202B.100 Proceedings for involuntary admission -- Petition -- Duties of court --
774 words·~4 min read·
/ky/202b-100A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Disposition.
(1)Proceedings for involuntary admission of a person to an ICF/ID shall be initiated by
the filing of a verified petition 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 professional in the area of intellectual
disabilities, peace officer, county attorney, Commonwealth's attorney, spouse,
relative, friend, or guardian of the person concerning whom the petition is filed.
(4)The petition shall set forth:
(a)Petitioner's relationship to the respondent;
(b)Respondent's name, residence, and current location, if known;
(c)The name and residence of respondent's parents, if living and if known, or
respondent's legal guardian, if any and if known;
(d)The name and residence of respondent's husband or wife, if any, and if known;
(e)The name and residence of the person having custody of the respondent, if
any, or if no such person is known, the name and residence of a near relative
or that such person is unknown;
(f)Documentation by the petitioner that the respondent has an intellectual
disability that shall include the findings of a psychological examination or
assessment completed in a reasonable time prior to the filing of the petition
that documents a Full Scale IQ in the moderate to severe range of an
intellectual disability. If the court finds that a more current psychological
examination or assessment is necessary, the court shall order such
examination; and
(g)Petitioner's belief, including the factual basis therefor, that the respondent
presents a danger or threat of danger to self, family, or others if not admitted
to an ICF/ID.
(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 professional in the area of
intellectual disabilities, 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 involuntarily admitted, the court shall:
(a)Set a date for a preliminary hearing;
(b)Notify the respondent, the respondent's legal guardian, if any, and if known,
and the respondent's spouse, parents, or nearest relative or friend concerning
the allegations and contents of the petition and the date and purpose of the
preliminary hearing; and the name, address, and telephone number of the
attorney appointed to represent the respondent; and
(c)Cause the respondent to be examined without unnecessary delay by two
professionals, one
(1)of whom is a qualified professional in the area of
intellectual disabilities and one
(1)of whom is a licensed psychiatrist,
psychologist, or physician with special training and experience in serving
individuals with an intellectual disability. One
(1)of the professionals shall be
from the community, and one
(1)shall be an employee of a state operated
ICF/ID facility. The qualified professional in the area of intellectual
disabilities shall certify his or her findings within twenty-four
(24)hours,
excluding weekends and holidays.
(a)If the respondent is presently residing in an ICF/ID under the provisions of
this chapter, the court may allow continued further residence therein for the
respondent to accomplish the examination ordered by the court.
(b)If the respondent is not currently residing in an ICF/ID under the provisions of
this chapter, the court may order the respondent, the respondent's guardian, or
any person or entity exercising custodial control of the respondent to submit
the respondent to an examination, without unnecessary delay, by two
professionals, one
(1)of whom is a qualified professional in the area of
intellectual disabilities and one
(1)of whom is a licensed psychiatrist,
psychologist, or physician with special training and experience in serving
individuals with an intellectual disability. One
(1)of the professionals shall be
from the community, and one
(1)shall be an employee of a state-operated
ICF/ID facility.
(8)If, upon completion of the preliminary hearing, the court finds there is probable
cause to believe the respondent should be involuntarily admitted, the court shall
order a final hearing to determine if the respondent should be involuntarily
admitted.
(9)If the court finds there is no probable cause, the proceedings against the respondent
shall be dismissed, and the respondent shall be released from the ICF/ID.
(10)If, upon completion of the final hearing, the court finds the respondent should be
involuntarily admitted, the court shall order the respondent admitted in an ICF/ID
for an indeterminate period. The order shall also specify the period within which the
initial review pursuant to KRS 202B.250.