202B.160 Hearing procedures -- Rights of guardians and immediate family

264 words·~1 min read·/ky/202b-160

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

members.

(1)The preliminary hearing need not be formal and shall include the receiving of

reports of the qualified professional in the area of intellectual disabilities as

evidence. The hearing may be held by the court in chambers, at an ICF/ID, or other

suitable place. The respondent shall be afforded an opportunity to testify, to present

witnesses, and to cross-examine any witnesses. The respondent and the attorney for

the respondent may waive respondent's right to a preliminary hearing.

(2)The final hearing may be conducted in an informal manner, consistent with orderly

procedures, and in a physical setting not likely to have a harmful effect on the

mental or physical health of the respondent. The hearing may be held by the court in

chambers, at an ICF/ID, or other suitable place. The respondent shall be afforded an

opportunity to testify, to present, and cross-examine any witnesses. The manner of

proceeding and the rules of evidence shall be the same as those in any criminal

proceeding, except that the standard of proof shall be by clear and convincing

evidence. Proceedings shall be heard by a judge unless a party requests a jury trial.

Neither the respondent nor the respondent's attorney may waive the respondent's

right to a final hearing.

(3)Guardians and immediate family members of the respondent shall be allowed to

attend all hearings, conferences or similar proceedings; may be represented by

private counsel, if desired; may participate in the hearings or conferences as if a

party to the proceedings; may cross-examine witnesses if desired; and shall have

standing to appeal any adverse decision.