Ky. Sup. Ct. Order 2026-03 § 4

(1) In jurisdictions with a mental health court, a written referral for

an eligibility review and assessment for mental health court may

be made at any time; however, no person may be referred for an

eligibility review and assessment to a mental health court for civil

contempt charges under KRS 222.430 – 222.480 (Casey’s Law)

and KRS 202A.0811 – 202A.0831 (Tim’s Law).

(2) No person shall be considered for admission or referred for a

mental health court clinical evaluation unless the referring judge

having original jurisdiction over the case has signed an Order

Referring to Specialty Court.

(3) A person may be eligible to participate in a mental health court if:

(a) The person has a diagnosed serious mental illness (SMI),

intellectual disability, or neurocognitive disorder, and may

also have a co-occurring substance use disorder or the

person has untreated chronic psychosis or severe acute

mental health issues;

(b) The person resides in the same county as the mental health

court or resides in another county with transportation and

meets the local mental health court guidelines;

(c) Participation in mental health court is deemed appropriate

after completion of a clinical evaluation by an approved

qualified mental health professional (QMHP) or review of

psychiatric medical records; and

(d) The MHC team has determined that the person is a suitable

candidate to enter the mental health court, taking into

consideration risk and needs.

(4) No one will be denied access to a mental health court based on

race, ethnicity, gender, sexual orientation, sexual identity,

physical or mental disability, religion, or socioeconomic status.