Ky. Cir. Ct. Clerks' Manual MENTAL HEALTH

56 MENTAL HEALTH

KRS 202A, 202B, 222

 Involuntary admission proceedings include the admission of an individual with an

intellectual disability. KRS 202B.010.

 Involuntary hospitalization proceedings include the hospitalization of adults diagnosed with

a mental illness. KRS 202A.012. For mental health procedures involving juveniles, follow

procedures outlined in the Juvenile Mental Health section.

 Court-ordered community outpatient treatment, also known as “Tim’s Law” permits

involuntarily court-ordered assisted outpatient treatment to be ordered. KRS 202A.0811-

0831.

 Involuntary treatment, also known as “Casey’s Law” proceedings include proceedings for

60/360 days of treatment for an individual, including juveniles, suffering from alcohol or

other drug abuse. KRS Chapter 222.

 Involuntary Admission

 Involuntary Hospitalization

 72-hour Emergency

 Court-Ordered Community Outpatient Treatment

 Involuntary Treatment of Substance Use Disorder (Casey’s Law)

 Juvenile Mental Health

 Expungement

 Firearm Prohibition

56.1 Involuntary Admission

KRS Chapter 202B

District Court

 Involuntary admission proceedings include the admission of an individual with an

intellectual disability. KRS 202B.010.

56.1.1 Venue

All involuntary admission proceedings and records are initiated in the district court of the

county where the person to be admitted resides or in which he/she may be at the filing of

the petition. KRS 202B.010, 202B.019.

NOTE: The county attorney is responsible for assisting the petitioner. KRS 202B.019.

Also see Change of Venue at Final Hearing.

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In cases of a 72-hour emergency (without court action, KRS 202B.025) if a person requests

help in getting a dangerous person in the hospital, you should refer them to your county

attorney or district judge.

56.1.2 Confidentiality

All involuntary admission proceedings and records are confidential. KRS 202B.180(1).

• They are open to the respondent and the county attorney when assisting the

petitioner. KRS 202B.019.

• The respondent can move after discharge or denial of admission to have court

records expunged on notice to the county attorney. KRS 202B.170.

• Any person seeking inspection of involuntary admission records may file a written

motion in the case in district court setting out why the information is needed. KRS

202B.180(3).

56.1.3 Petition for Involuntary Admission

There are no filing fees or jury fees for involuntary admission cases.

All admission petitions on the same respondent should be kept in the same Quick Reference

case file.

File, date, initial

1. Upon receipt of AOC Form 710, Petition for Involuntary Admission

(Intellectual Disability); apply the FILED stamp to the petition; add the Deliver to judge

date and your initials. The petition will be filed in the confidential division

of district court.

2. Refer to the Case Add section of the KyCourts Manual for instructions on

opening the case. Assign an “H” case number and appropriate trailer

number. Search KYCourts for a previously filed “H” case involving the

party. If a previous case exists, enter into the existing case number using Assign an H number

the next trailer number. If a previous case does not exist, use the next prenumbered file folder.

Note: When entering into a previous case file – insert in the file folder Copy case history

using a divider to separate trailers. At the close of each case; insert a

copy of the case history. Case Type: COM

3. Use case type COM – Commitment Proceeding Document Type:

PIA

4. File by completing a document screen using document code PIA.

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5. Take the petition to any available district judge along with AOC Form 715 Order

Appointing Counsel, Setting Preliminary Hearing, and Setting Examination, and AOC Form

720B Examination Certification for Involuntary Admission. The court will examine the

petitioner under oath as to the contents of the petition. If petitioner is a qualified

professional in the area of intellectual disabilities (QPID), the court may dispense with

the examination. KRS 202B.100

Note: Intellectual Disability proceedings only: Petitioner must attach to this Petition

documentation establishing that the Respondent has an intellectual

disability, INCLUDING the findings of a psychological examination or

assessment completed in a reasonable time prior to the filing of this Petition that

documents a Full-Scale IQ in the moderate to severe range of an intellectual disability.

KRS 202B.100(4)(f).

56.1.4 Appointment of Counsel and Preliminary Hearing Date Quick Reference

1. The court will appoint counsel utilizing AOC Form 715, from a list of private

attorneys maintained by the clerk who have volunteered to represent Enter attorney as

intellectually disabled respondents, to be compensated by the Finance party

Cabinet. Public advocate appointments are made only if no other method

of appointing counsel is available. KRS 202B.210 Note hearing on

calendar

2. Enter the attorney as a party by completing the party screen.

3. The preliminary hearing date shall be within fifteen (15) days from the date Event type: PHH

of the filing of the petition, excluding weekends and holidays. KRS

202B.100, 202B.150. Note the hearing on the calendar by completing a

scheduled event screen using event type Preliminary Hearing – Involuntary Enter, date, initial

Hospitalization PHH.

Document type:

4. Enter the order appointing counsel and order setting preliminary hearing. OAC NOE

Apply the ENTERED stamp to the order; add the date and your initials.

Enter

the order by completing a document screen. Use document type OAC. Give

notice of entry by mailing copies of the order to:

• Petitioner

• Respondent

• Respondent’s attorney

• Respondent’s legal guardian, if any and known

• Respondent’s spouse, if any and known

• Respondent’s parents, if living and known

• Respondent’s nearest relative or friend, if any and known KRS

202B.100.

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56.1.5 Examination of Respondent

The court will order the respondent examined by one whom is a qualified

professional in the area of intellectual disabilities (QPID) and one (1) of whom Quick Reference

is a licensed psychiatrist, psychologist, or physician with special training and Enter, date, initial

experience in serving individuals with an intellectual disability, utilizing Document type OE

AOC Form 720B Examination Certification for Involuntary Admission. If NOE

respondent is presently residing in an Intermediate Care Facility/Intellectually

Disabled (ICF/ID) their residency may be continued to accomplish the court

ordered examination. If respondent is not presently residing in an ICF/ID, the

court may order the respondent, respondent's guardian, or any person or

entity exercising custodial control of respondent to submit the respondent to

an examination, by two (2) QPID without unnecessary delay. KRS 202B.100.

1. Apply the ENTERED stamp to the order; add the date and your initials. File, date, initial

Enter on the document screen. Use document type OE. Give notice of entry Document type

by distributing copies of the order to: CEH

o Respondent's attorney - one (1) copy

o Respondent - one (1) copy

o QPID - one (1) copy (Attach to this copy two (2) copies of

Certification of QPID to be completed by the QPID)

2. Within 24 hours (excluding weekends and holidays) the QPID will certify

their findings to the court. Apply the FILED stamp to the certification; add

the date and your initials. File on a document screen. Use document type

CEH.

Note: Follow local protocol as to distribution.

3. Complete party screen for each examiner using party type OP. Memo title of examiner if

known.

Quick Reference

56.1.6 Preliminary Hearing Held Enter, date, initial

KRS 202B.110 Document type:

ODIS

Probable Cause Not Found:

NOE

1. If probable cause IS NOT found the case must be dismissed, apply the

ENTERED stamp to AOC Form 725 Findings of Probable Cause and Order; Disposition type:

add the date and your initials and enter on a document screen using DIS

document type ODIS. Close the case screen with the disposition date,

disposition type DIS and judge at disposition. Memo “no probable cause

found” in the case screen.

2. Give notice of entry by distributing copies to:

• Respondent/Respondent’s attorney

• Peace Officer

• Hospital/Facility

• Respondent’s legal guardian, if any and known

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• Respondent’s spouse, if any and known

• Respondent’s parents, if living and known

• Respondent’s nearest relative or friend, if any and known

KRS 202B.100

Probable Cause Found – Venue Transferred: KRS 202B.110

1. If probable cause IS found and the court has changed venue to the Quick Reference

county where the hospital is located, apply the ENTERED stamp to

AOC Form 725 Findings of Probable Cause and Order; add the date and

Enter, date, initial

your initials and enter on a document screen using document type

OTV. Close the case screen with the disposition date, disposition type Document type: OTV

TRF and judge at disposition. Memo “probable cause found – NOE

transferred to “insert county name”” in the case screen. Transfer the

original file, within 24 hours to the district court of the county where

hospital is located. Receiving court will schedule final hearing within

twenty (20) days of preliminary hearing date or within thirty (30) days

of date of filing of petition if preliminary hearing waived. KRS

202B.150.

Disposition type: TRF

2. Give notice of entry by distributing copies to:

• Respondent’s attorney

• Peace Officer – 4 copies for: respondent, officer’s file and

return, and hospital/facility

Note: Attach to hospital’s/facility’s copy – a copy of the completed

petition, completed examination order, and certifications completed by

the examining professionals. Also, attach a copy of the current physical

examination documenting no serious medical, if it is in the record.

Probable Cause Found: Venue Retained

KRS 202B.110

1. If probable cause IS found and venue is retained, apply the ENTERED

stamp to AOC Form 725 Findings of Probable Cause and Order; add the

date and your initials and enter on a document screen. Use document

type, ORV. Enter, date, initial

2. Give notice of entry by distributing copies to: Document type: ORV

• Respondent’s attorney – one (1) copy NOE

• ICF/ID (Intermediate Care Facility/Intellectually Disabled)-

one (1) copy (attach to this copy a copy of Verified Petition

and a copy of Examination Order and Certification).

• If court orders a peace officer to transport resident from

county where respondent located to the ICF/ID, give the

peace officer three (3) copies of Findings of Probable Cause

and Order for:

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o Peace Officer's file

o Peace Officer's return;

o ICF/ID (as above)

AOC Form 726 Order Setting Final Hearing must be completed and

attached if venue is retained. Neither Respondent, nor Respondent’s Quick Reference

Attorney may waive the Final Hearing. KRS 202B.160

Note: Jury trials are set only on a party’s request. KRS 202B.160.

Enter, date, initial

Upon receipt of AOC Form 726, Order Setting Final Hearing; apply

the ENTERED stamp to the order; add the date and your initials and Document type: OST

enter on a document screen. Use document type, OST. NOE

Give notice of entry by distributing copies to:

• County attorney

• Hospital/Facility (with copy of completed verified Petition

and Certification of QMHP)

• Respondent/Respondent’s: Attorney, Parent(s), Legal

Guardian, Spouse, Nearest Relative or Friend

• If Peace Officer transports: 4 copies for Respondent, file,

return, and Hospital/Facility

Note: Attach to hospital’s/facility’s copy – a copy of the completed

petition, completed examination order, and certifications completed

by the examining professionals. Also, attach a copy of the current

physical examination documenting no serious medical, if it is in the

record.

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56.1.7 Final Hearing

Quick Reference

1. When AOC Form 730, Judgment and Order for 60 Day or 360 Day

Involuntary Hospitalization or Involuntary Admission is received apply the

Enter, date, initial

ENTERED stamp; add the date and your initials and enter on a document

Document type OGH

screen. Use document type OGH or ODIS.

or ODIS

Give notice of entry by distributing copies to:

• Respondent's attorney - one (1) copy

NOE

• Peace Officer - two (2) copies

• ICF/ID (Intermediate Care Facility/Intellectually Disabled)- one (1) Disposition type: DIS

copy (Attach to this copy a copy of Verified Petition and or OTH

Certification of QPID), KRS 202B.

• County attorney - one (1) copy

• CHFS - one (1) copy, KRS 202B.

• Respondent/Respondent’s Legal Guardian If Known

• Parent(s), Nearest Relative or Friend

2. Close the case screen with the disposition date, disposition type DIS or OTH

and judge at disposition.

3. Create a tickler system for the filing of the annual report by completing a Event type: REA

scheduled event screen for the date the report is due to be filed. Use event

type REA for Report-Annual.

4. Create a scheduled event for the Review Hearing as directed by the court. Event type: REV

Use event type REV.

56.1.8 Appeal

Appeals from final orders or judgments of the district court shall be taken in the

Quick Reference

same manner as other appeals from district court to circuit court.

56.1.9 Annual Report

File, date, initial

1. File any annual reviews submitted to the court by an interdisciplinary

team. Document type:

Apply the FILED stamp; add the date and your initials and complete a RCHR

document screen. Use document type RCHR.

2. Present the annual report to the judge for review.

56.1.10 Review Hearing

Not less than once in every five years following the initial admission or continued

care order, schedule a status review hearing per your local practice.

1. You may do this by completing a scheduled events screen. Event type: SH

Use event type SH – Status Hearing.

Process Map

2. Serve notice 20 days before the hearing to the facility, county attorney,

and guardian or immediate family member. KRS 202B.250

Serve notice 20

days before hearing

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56.2 Criminal Involuntary Commitment

Circuit Court

KRS 202C

Criminal involuntary commitment proceedings include the commitment of respondents who

were found to be incompetent to stand trial under KRS Ch. 504 and who were charged with

a capital offense, a Class A felony, a Class B felony resulting in death or serious physical

injury, or a violation of KRS 510.040 or KRS 510.070.

56.2.1 Confidentiality of Records

All records in criminal involuntary commitment proceedings, including the evidentiary

hearing, are confidential. KRS 202C.100.

Any person seeking court records of proceedings involving respondents may file a written

motion in the case setting out why the information is needed. A Circuit Judge may issue an

order to disclose the information.

56.2.2 Petitions for Criminal Involuntary Commitments Quick Reference

 There is no filing fee or jury fee for involuntary commitment proceedings AOC Form 708

under KRS Chapter 202C. File, date, initial

 All criminal involuntary commitment proceedings under KRS 202C.010, Case number type

202C.020, 202C.030, 202C.040, and 202C.050 are initiated by the H

Commonwealth’s Attorney in the circuit court in the county of prosecution. Case type CICP

KRS 504.100.

1. When you receive an AOC Form 708, Petition for Involuntary

Commitment, apply the FILED stamp to the petition; add the date and

your initials.

2. Refer to the Case Add section of the KyCourts Manual for instructions on

opening the case. Assign an H number using the next prenumbered file

folder in the confidential division of Circuit Court.

Note: These should always be separate case number. Always use trailer Document type

number 001. You do not have to determine if the respondent has a prior PCIC

case in your court.

AOC Form 708.1

Note: Assign it to the circuit judge that found the respondent

incompetent to stand trial in the underlying criminal case. If a district

court found the defendant incompetent, then follow the local judge

assignment protocol for the next circuit judge.

3. File by completing a document screen using document code PCIC.

4. Take the file, along with an AOC Form 708.1 to the circuit judge assigned.

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56.2.3 Order Setting Evidentiary Hearing, Appointing Guardian Quick Reference

Ad Litem, Ordering Commitment, and Appointing DPA

1. The Court will appoint a Guardian Ad Litem from a list of private attorneys

maintained by the clerk to represent the needs and best interests of the

respondent. KRS 202C.020. Enter Guardian Ad

Litem as party

2. Enter the Guardian Ad Litem as a party by completing the party screen.

3. If the respondent retained private counsel in the underlying criminal case,

that attorney may continue to represent the respondent in these

proceedings. If the respondent is not represented by counsel, a public

advocate appointment shall be made without the showing of indigency. Enter attorney as

KRS 202C.020 party

4. Enter the attorney as a party by completing the party screen. AOC Form 708.1

Enter, date, initial

5. When you receive AOC Form 708.1, Order Setting Evidentiary Hearing &

Appointing GAL, Order of Commitment Pending Proceedings, and Order DOC type OSEH

Appointing DPA, apply the ENTERED stamp; add date and your initials.

Enter the order by completing a document screen. Use document type

OSEH. Scheduled event

EVH

6. The evidentiary hearing date shall be within 20 days from the date of the

filing of the petition, excluding weekends and holidays. KRS 202C.030.

Enter the evidentiary hearing date, as ordered by the court, as a scheduled