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Code · Kentucky · Chapter 202A — Hospitalization of the mentally ill

202A.081 Court-ordered community-based outpatient treatment.

293 words·~1 min read·/ky/chapter-202a/202a-081

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

(1)Following the preliminary hearing but prior to the completion of the final hearing,
the court may order the person held in a hospital approved by the cabinet for such
purpose for the committing judicial district, or released, upon application and
agreement of the parties, for the purpose of community-based outpatient treatment.
No person held under this section shall be held in jail unless criminal charges are
also pending.
(2)A hospital shall discharge a patient there held and notify the court and attorneys of
record if any authorized staff physician determines that the patient no longer meets
the criteria for involuntary hospitalization.
(3)If a patient is discharged by the hospital pursuant to subsection
(2)of this section,
then the proceedings against the patient shall be dismissed.
(4)The release of the person pursuant to subsection
(1)of this section for the purpose
of community-based outpatient treatment does not terminate the proceedings against
the person, and the court ordering such release may order the immediate holding of
the person at any time with or without notice if the court believes from an affidavit
filed with the court that it is to the best interest of the person or others that the
person be held pending the final hearing, which shall be held within twenty-one
(21)days of the person's further holding.
(5)If the person is released pursuant to subsection
(1)of this section for the purpose of
community-based outpatient treatment, the final hearing may be continued for a
period not to exceed sixty
(60)days if a provider of outpatient care accepts the
respondent for specified outpatient treatment. Community-based outpatient
treatment may be ordered for an additional period not to exceed sixty
(60)days
upon application and agreement of the parties.
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