222.433 Proceedings for ordering treatment -- Duties of court -- Disposition.

376 words·~2 min read·/ky/chapter-222/222-433

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

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

the contents of the petition.

(2)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 ordered to undergo treatment, then the court shall:

(a)Set a date for a hearing within fourteen

(14)days to determine if the

respondent should be ordered to undergo treatment for a substance use

disorder;

(b)Notify the respondent, the legal guardian, if any and if known, and the spouse,

parents, or nearest relative or friend of the respondent concerning the

allegations and contents of the petition and the date and purpose of the

hearing; and the name, address, and telephone number of the attorney

appointed to represent the respondent; and

(c)Cause the respondent to be examined no later than twenty-four

(24)hours

before the hearing date by two

(2)qualified health professionals, at least one

(1)of whom is a physician. The qualified health professionals:

1. Shall certify their findings to the court within twenty-four

(24)hours of

the examinations;

2. May be subject to subpoena for cross-examination at the hearing, either

in person, by telephone, or by videoconference; and

3. May conduct the examination required by this paragraph via telehealth

as defined in KRS 211.332.

(3)If, upon completion of the hearing, the court finds by proof beyond a reasonable

doubt that the respondent should be ordered to undergo treatment, then the court

shall order such treatment for a period not to exceed sixty

(60)consecutive days

from the date of the court order or a period not to exceed three hundred sixty

consecutive days from the date of the court order, whatever was the period of time

that was requested in the petition or otherwise agreed to at the hearing. Failure of a

respondent to undergo treatment ordered pursuant to this subsection may place the

respondent in contempt of court.

(4)If, at any time after the petition is filed, the court finds that there is no probable

cause to continue treatment or if the petitioner withdraws the petition, then the

proceedings against the respondent shall be dismissed.