KY · rules
Ky. Cir. Ct. Clerks' Manual NOTICE OF ENTRY
NOTICE OF ENTRY
event. Use scheduled event code EVH.
Attach copies of
AOC Form 708 &
7. Provide notice of entry by mailing copies of the petition and order to: 708.1
• Commonwealth's Attorney
Attach two blank
• Respondent / Respondent’s Attorney copies of AOC Form
708.3 for QMHPs
• Guardian ad Litem
• Forensic Psychiatric Facility
Enter, date, initial
• Peace Officer (three copies):
DOC type OT
o Respondent
o Peace Officer's file
AOC Form 708.3
o Peace Officer's Return File, date, initial
8. The respondent is ordered to be committed. KRS 504.110.
DOC Type ECIC
MENTAL HEALTH
9. The judge may issue a transport order to have the respondent brought to the location of
the evidentiary hearing. Apply the ENTERED stamp; apply the date and your initials.
Enter on a document screen. Use document type OT.
10. QMHPs must examine and complete certification within seven (7) days (excluding
weekends and holidays) prior to the evidentiary hearing. When the certification is
received, apply the FILED stamp to the certification; add the date and your initials. File
certification by completing a document screen. KRS 202C.030. Use document type
ECIC.
56.2.4 Evidentiary Hearing Order
A. Evidence Does Not Support A Finding of Guilt
1. Close case screen if, on AOC Form 708.2 Evidentiary Hearing Order, Quick Reference
Setting Commitment Hearing & Examination or Dismissal & Release of Enter, date, initial
Respondent, the court does NOT find that the evidence supports a AOC Form 708.2
finding of guilt, apply the ENTERED stamp; add the date and your DOC Type ODAR
initials. Complete a document screen. Use document type ODAR. Disposition type DIS
Give notice of entry by mailing to: Notice of Entry
• Commonwealth's Attorney
• Respondent / Respondent’s Attorney
• Guardian ad Litem
• Forensic Psychiatric Facility
2. Close the case screen by completing the disposition date, disposition Close case screen
type DIS, and judge at disposition.
MENTAL HEALTH
B. Respondent Stipulated to Potential Guilt OR Quick Reference
Evidence Supports a Finding of Guilt AOC Form 708.2
Enter, date, initial
1. If, on AOC Form 708.2, Evidentiary Hearing Order, Setting Commitment
DOC type OSCHE
Hearing & Examination or Dismissal & Release of Respondent, the
Respondent has stipulated to potential guilt or the court has found by
a preponderance of the evidence that the respondent is guilty, apply
the ENTERED stamp; add the date and your initials. Complete a
Notice of Entry
document screen. Use document type OSCHE.
Give notice of entry by mailing to:
• Commonwealth's Attorney
• Respondent / Respondent’s Attorney
Attach two copies
• Guardian ad Litem of 708.3 for KCPC
• Forensic Psychiatric Facility (include two additional copies for
Physician and QMHP, and attach to each a blank AOC-708.3,
Examination Certification for Involuntary Commitment)
The commitment hearing shall be held within 20 days from the
date of the entry of the Evidentiary Hearing Order, AOC Form
708.2, excluding weekends and holidays. KRS 202C.040. Event type CT or JT
2. Schedule a trial as directed by the circuit judge using event type CT or
JT. AOC Form 708.3
File, date, initial
Doc Type ECIC
3. When the Examination Certification for Involuntary Commitment, AOC
Form 708.3, is received, apply the FILED stamp to the certification;
add the date and your initials. File by completing a document screen.
Use document type ECIC.
Note: The Commitment Hearing cannot be waived by the respondent.
Jury trials are set only at the party's request. KRS 202C.040. If a jury
trial is requested, consult with the circuit judge on how to proceed
with scheduling.
MENTAL HEALTH
56.2.5 Involuntary Commitment Hearing
A. Respondent DOES NOT Meet Criteria for
Quick Reference
Involuntary Commitment AOC Form 708.4
1. If, on AOC Form 708.4, Judgement and Order of Involuntary Enter, date, initial
Commitment of Respondent or Dismissal & Release of Respondent, DOC Type JODR
the court or the jury finds that the Commonwealth did not establish
beyond a reasonable doubt that Respondent meets the criteria for
involuntary commitment, apply the ENTERED stamp; add the date
and your initials. Enter by completing a document screen. Use
document type JODR. Notice of Entry
Give notice of entry by mailing to:
• Commonwealth's Attorney
• Respondent / Respondent’s Attorney
• Guardian ad Litem
• Forensic Psychiatric Facility Close case screen
2. Close the case by completing the case screen with disposition date,
disposition type DIS, and judge at disposition.
B. Respondent Meets the Criteria for Involuntary Commitment
1. If, on AOC Form 708.4, Judgement and Order of Involuntary Quick Reference
Commitment of Respondent or Dismissal & Release of Respondent, Notice of Entry
the court or the jury finds that the Commonwealth did establish Include two blank
beyond a reasonable doubt that Respondent meets the criteria for copies of AOC Form
involuntary commitment, apply the ENTERED stamp; add the date 708.3 for QMHPs
and your initials. Enter by completing a document screen. Use
document type JOIC.
Give notice of entry by mailing to:
• Commonwealth's Attorney
• Respondent / Respondent’s Attorney
• Guardian ad Litem
• Forensic Psychiatric Facility (include two additional copies for
Physician and QMHP, and attach to each a blank AOC Form
Close Case Screen
708.3, Examination Certification for Involuntary Commitment)
2. Enter disposition type JJT or JCT.
AOC Form 708.5
3. The court will set the first standard review hearing no sooner than 90
days and no later than 120 days using AOC Form 708.5, Order
Scheduling Review Hearing and Setting Examination.
NOTE: After the involuntary commitment hearing has been held, the
case will be closed. The case will be re-opened for each subsequent
review hearing.
MENTAL HEALTH
56.2.6 Review Hearings
There are three kinds of review hearings: a standard review hearing, a heightened review
hearing, and a respondent requested review hearing.
NOTE: In-person appearances by all parties and witnesses are required for heightened
review hearings ONLY. KRS 202C.060(9)
NOTE: A jury request can be made for a review hearing so long as a request for such has not
been granted in the preceding 12 months. KRS 202C.060(6)
Initial First two years After the first Five years or
Commitment from initial two years from more from
commitment initial initial
commitment commitment
Standard 90 to 120 days
180 to 210 days
Review after Not more than 365 days from most
from most
Hearing commitment recent hearing
recent hearing
hearing
Heightened Not more than five years from date of
Review N/A N/A initial commitment, and then every five
Hearing years thereafter
Respondent
Requested Can occur at any time but not more than once every 12 months
Hearing
A. Scheduling Review Hearing
At conclusion of commitment or review hearing, ask your circuit judge if he or she wants
to go ahead and schedule the next review hearing.
1. Hearing Scheduled at Conclusion of Commitment or Review
Hearing
MENTAL HEALTH
Enter the AOC Form 708.5, Order Scheduling Review Hearing and
Quick Reference
Setting Examination. Apply the ENTERED stamp; apply the date and
AOC Form 708.5
your initials. Enter the order in the document screen. Use document
Enter, date, initial
code OSRHE. Set a review hearing according to circuit judge’s
DOC type OSRHE
instructions. Enter on a scheduled events screen. Use scheduled event
Scheduled event
code SRH or HRH.
SRH or HRH
Give notice of entry by mailing to:
Notice of Entry
• Commonwealth's Attorney
• Respondent / Respondent’s Attorney
• Guardian ad Litem Include two blank
• Forensic Psychiatric Facility (include two additional copies of AOC 708.3
blank copies for Physician and QMHP, and attach to for the QMHPs
each a blank AOC-708.3, Examination Certification
for Involuntary Commitment)
2. Hearing Not Immediately Scheduled - Tickler System
If the next review hearing is not scheduled at the conclusion of the commitment or
review hearing, then create a tickler system based on the above review hearing
chart and/or consult with the circuit judge to determine their preference for
scheduling the next review hearing. Once the circuit judge is ready to schedule the
hearing, follow instructions under A.1. for entering AOC Form 708.5
and distribution. Quick Reference
NOTE: The examination certifications by the QMHPs, AOC Form AOC Form 708.3
708.3, must be done in advance of the hearing and returned no less Enter, Initial, Date
than seven days prior to the review hearing date. When filed, apply
the FILED stamp; apply the date and your initials. Enter on a DOC Type ECIC
document screen. Use document type ECIC.
NOTE: The circuit judge may complete a separate transport order for DOC Type OT
a review hearing. Apply the ENTERED stamp; apply the date and your
initials and enter on a document screen. Use document type OT. Enter, Initial, Date
B. Respondent/Respondent’s Guardian Ad Litem Requests a
Review Hearing
MENTAL HEALTH
1. Upon receipt of a Motion for Review Hearing, apply the FILED
Quick Reference
stamp; add the date and your initials, file on a scheduled event screen
Apply FILED, enter
as MNH using motion type HR. If no hearing is requested deliver the
date and initials
file to the circuit judge assigned to the case with a blank AOC Form
File on scheduled
708.5 and follow their instruction.
event as MNH,
2. If the Motion is granted, apply the ENTERED stamp to the completed motion HR
AOC Form 708.5; add the date and your initials. Enter the order on
the document screen. Use document type OSRHE. Set a review AOC Form 708.5
hearing according to circuit judge’s instructions. Enter on a scheduled DOC Type OSRHE
events screen. Use scheduled event code RRH. Enter, Date, Initial
Give notice of entry by mailing to: Scheduled event
RRH
• Commonwealth's Attorney
• Respondent / Respondent’s Attorney Notice of Entry
• Guardian ad Litem
• Forensic Psychiatric Facility (include two additional copies for
Physician and QMHP, and attach to each a blank AOC-708.3,
Examination Certification for Involuntary Commitment)
Attach two blank
copies of AOC Form
708.3 for the
QMHPs
MENTAL HEALTH
3. If the judge denies the motion for a review hearing and submits a calendar
Quick Reference
order; apply the ENTERED stamp; add date and your initials. Enter the order
by completing a document screen. Use document type CO. Give notice of DOC Type CO
entry as directed by the order. Apply ENTERED,
enter initials and
NOTE: The examination certifications by the QMHPs, AOC Form 708.3, must
date
be done in advance of the hearing and returned no less than seven days prior
to the review hearing date. When filed, apply the FILED stamp; apply the AOC Form 708.3
date and your initials. Enter on a document screen. Use document type Apply FILED, enter
ECIC. initials and date
DOC Type ECIC
NOTE: The circuit judge may complete a separate transport order for a
review hearing. Apply the ENTERED stamp; apply the date and your initials
Apply ENTERED,
and enter on a document screen. Use document type OT. enter initials and
date
C. Respondent DOES NOT Meet Criteria for Continued DOC type OT
Involuntary Commitment
1. If, on AOC Form 708.6, Review Hearing Order, the court or the jury Quick Reference
finds that the Commonwealth did not establish beyond a reasonable AOC Form 708.6
doubt that Respondent continues to meet the criteria for involuntary Enter, date, initial
commitment apply the ENTERED stamp; add the date and your DOC type ODAR
initials. Complete a document screen. Use document type ODAR.
Give notice of entry by mailing to: Notice of Entry
• Commonwealth's Attorney
• Respondent / Respondent’s Attorney
• Guardian ad Litem
• Forensic Psychiatric Facility
2. Close the case by completing the case screen with disposition date
Close case screen
and disposition type DIS.
Disposition type DIS
D. Respondent Meets the Criteria for Continued Involuntary
Commitment
1. If, on AOC Form 708.6, Review Hearing Order, the court or the jury Quick Reference
finds that the Commonwealth did establish beyond a reasonable AOC Form 708.6
doubt that Respondent continues to meet the criteria for involuntary Enter, date, initial
commitment apply the ENTERED stamp; add the date and your
initials. Complete a document screen. Use document type ORHCC. DOC Type ORHCC
Give notice of entry by mailing to:
Notice of Entry
• Commonwealth's Attorney
• Respondent / Respondent’s Attorney
• Guardian ad Litem
MENTAL HEALTH
• Forensic Psychiatric Facility
2. Close the case on the case screen by completing the disposition date, Quick Reference
disposition type JJT or JCT, and judge at disposition. Disposition Type JJT
or JCT
3. If the circuit judge requests that the next review hearing be scheduled
at this time, provide the judge AOC Form 708.5, Order Scheduling AOC Form 708.5
Review Hearing and Setting Examination. Upon receipt of a completed Enter, date, initial
and signed AOC Form 708.5, apply the ENTERED stamp; apply the DOC type OSRHE
date and your initials. Enter the order in the document screen. Use Scheduled event
document code OSRHE. Set a review hearing according to circuit SRH or HRH
judge’s instructions. Enter on a scheduled events screen. Use
scheduled event code SRH or HRH.
Notice of Entry
Give notice of entry by mailing to:
• Commonwealth's Attorney
• Respondent / Respondent’s Attorney
• Guardian ad Litem
Attach two blank
• Forensic Psychiatric Facility (include two additional blank copies of AOC Form
copies for Physician and QMHP, and attach to each a blank 708.3 for the
AOC-708.3, Examination Certification for Involuntary QMHPs
Commitment)
56.3 Involuntary Hospitalization Process Map
District Court
KRS 202A
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.
MENTAL HEALTH
56.3.1 Confidentiality of Records
1. All involuntary hospitalization proceedings and records are confidential. Quick Reference
KRS 202A.091(1).
• They are open to the respondent and the county attorney when
assisting the petitioner. 202A.016.
• A court order is required for other individuals seeking access to
the case file. KRS 202A.091(3).
• The respondent can move after discharge or denial of admission
to have court records expunged on notice to the county
attorney. KRS 202A.091(2).
2. If you receive a citation, which is NOT attached to a petition, charging a UOR Code 030040
person with UOR Code 030040, 60/360 Day Involuntary UOR Code 030050
UOR Code 030080
Hospitalization of Mentally Ill Person; or UOR Code 030050,
Emergency Detention; or UOR Code 030080, Involuntary
Commitment of Individual with Alleged Intellectual Disabilities, do not
open a case file. Retain the citation by stapling it to the officer’s
transmittal list submitted with the citation. If the citation is attached to
a petition, open the case file based on the petition and retain the citation
in the case file. Do not complete a charge screen for any UOR listed
AOC Form 712
herein.
3. If you receive an AOC Form 712, Certification of Qualified Mental Health
Professional, and no AOC Form 710, Verified Petition, proceed to 72 AOC Form 710
Hour Hospitalization.
4. If you receive an AOC Form 710, Verified Petition, proceed to 60/360 Day
Not Filed by QMHP.
56.3.2 Warrantless Arrest
Under 202A.028, the respondent will have been taken into custody and
transported to a hospital/facility by law enforcement without any action by
the court. Law enforcement does not need to file any documents with the
court to make a warrantless arrest and transport the respondent to a
hospital/facility; return to law enforcement any such documents tendered.
NOTE: Warrantless arrests are more for emergencies stemming from erratic
behavior observed by a “peace officer” and verified by a medical
professional. The respondent can only be held for a 72 hour period and is
more of an emergency situation (perhaps someone not properly medicating
their condition or suicide attempt). Petitions for 60/360 allow for 60 or 360
days of hospitalization has a proceeding and more Due Process rights.
MENTAL HEALTH
56.3.3 72 Hour Hospitalization
72 Hour Hospitalization by Court Order Following a Warrantless Arrest. KRS
202A.028 and 202A.041.
Quick Reference
There are no filing fees or jury fee.
All involuntary hospitalization proceedings and records are initiated in the AOC Form 712
district court of the county where the person to be hospitalized resides or
AOC Form 710
in which the person may be at the time the petition is filed. KRS 202A.014.
Keep hospitalization and disability cases on the same respondent in the
same case file.
Certification of Qualified Mental Health Professional (QMHP) AOC Form 712, AOC
Form 713
After the respondent has been held and evaluated for 18 hours at the
hospital/facility, a Qualified Mental Health Professional (QMHP) will either
release the respondent or file with the clerk AOC Form 712, Certification of
Qualified Mental Health Professional (for 72 hour hospitalization). AOC Form
710, Verified Petition for Involuntary Hospitalization, does not need to be filed
with the AOC Form 712, Certification of QMHP. KRS 202A.101(5)(a), 202A.041.
Deliver to judge
1. Take the AOC Form 712, Certification of QMHP and a blank AOC Form
AOC Form 713, AOC
713, order granting/denying 72 hour hospitalization, to any available
Form 712
district judge. Do not open a case file at this time.
• If the district judge is absent from the county or otherwise not
available, take to the trial commissioner. SCR 5.030(f).
• If both the district judge and trial commissioner are absent from the
county or otherwise not available, take to any judge or justice of
the Court of Justice. KRS 202A.011(7).
2. When the judge signs and returns to you the AOC Form 713, Order
Granting/Denying 72 Hour Hospitalization, and the AOC Form 712,
Certification of QMHP, open the case file. AOC Form 712, the
Certification of the QMHP, is the initiating document.
File, date, initial
3. Apply the FILED stamp to the certification; add the date and your
initials. File on a document screen.
4. Determine if the respondent has a prior case in your court by doing a
party search. If parties enter your court system the first time (no prior
case file exists); or a non-computer case file exists and a new petition is
filed, refer to the Case Add section of the KyCourts Manual for Case type H
instructions on opening the case. Assign an H number with a trailer
number using the next pre-numbered file folder.
MENTAL HEALTH
Order Granting or Denying 72H Hospitalization
Quick Reference
1. Enter the Order Granting/Denying the 72 Hour Hospitalization by
applying the ENTERED stamp to the order; add the date and your Enter, date, initial
initials. Enter the order in the computer by completing a document Document type:
screen. Use document type OGH or ODH. ODH or OGH
2. Give notice of entry by mailing or hand delivering copies of the order to:
NOE
• Respondent
• Respondent's Attorney
• Peace Officer-three copies (File, Return, Hospital - Attach to
hospital's copy a copy of the completed Certification of QMHP; you
will not have an AOC Form 710, Verified Petition, to send to the
hospital; KRS 202A.101(5)(a)).
• CHFS
3. Close the case screen by adding disposition date, disposition type and
judge at disposition.
• If the order was granted, use disposition type 72H. You may Disposition type:
receive from the QMHP within 72 hours an AOC Form 710, Verified
72H or OTH
Petition for Involuntary Hospitalization. If you receive a petition,
proceed to 60/360 Day Not Filed by QMHP.
If the order was denied, use disposition type OTH and memo
“denied.”
56.3.4 60/360 Day Petitions for Involuntary Hospitalization
There are no filing fees or jury fee.
All involuntary hospitalization proceedings and records are initiated in the
district court of the county where the person to be hospitalized resides or
in which the person may be at the time the petition is filed. KRS
202A.014.
Keep hospitalization and disability cases on the same respondent in the
same case file.
When you receive an AOC Form 710, Verified Petition for Involuntary
Hospitalization, take it to any available district judge. Do not open a case
file at this time.
• If the district judge is absent from the county or otherwise not
available, take to the trial commissioner. SCR 5.030(f).
• If both the district judge and trial commissioner are absent from the
county or otherwise not available, take to any judge or justice of the
Court of Justice. KRS 202A.011(7).
MENTAL HEALTH
56.3.5 60/360 Day Petition Not Filed by QMHP KRS 202A.051.
On a 60/360 day involuntary hospitalization petition, the court will examine
the petitioner (who is not a QMHP) under oath as to the contents of the
petition. KRS 202A.051.
NOTE: The county attorney is responsible for assisting the petitioner. KRS
202A.016.
If the court finds probable cause for hospitalization based on the court's
examination of the petitioner, and there is no objection to hospitalization
by any party, you will receive AOC Form 711, Examination Order and
Transport Order (For 72 Hour Hospitalization).
NOTE: If probable cause for hospitalization is found and there is an
objection to hospitalization by any party, proceed to “60/360 Day Filed by
QMHP or Objection” section below.
1. Apply the FILED stamp to the petition; add the date and your initials. Quick Reference
2. Determine if the respondent has a prior case in your court by doing a party File, date, initial
search; if parties enter your court system the first time (no prior case file
exists); or a non-computer case file exists and a new petition is filed, refer
to the Case Add section of the KyCourts Manual for instructions on
opening the case. Assign an H number with a trailer number using the Case type H
next pre-numbered file folder.
3. File the petition by completing a document screen using document code Document type PIH
PIH.
4. Enter AOC Form 711, Examination Order by applying the ENTERED stamp AOC Form 711
to the order; add the date and your initials. Enter the order by completing Enter, date, initial
a document screen. Give notice of entry by mailing or hand delivering Notice of entry
copies of the petition and order to:
• Respondent's Attorney
• Peace Officer-four copies for:
o Respondent
o Peace Officer's file
o Peace Officer's return
o QMHP (Attach to this copy a blank AOC Form 712, Certification
of QMHP).
AOC Form 712
5. The QMHP will examine the respondent and complete AOC Form 712,
Certification of QMHP. KRS 202A.028(1). Apply the FILED stamp to the File, date, initial
certification; add the date and your initials. File the certification by Document code CH
completing a document screen. Use document code CH.
NOTE: The court reviews the certification and either dismisses the case
or, if respondent meets the criteria for involuntary hospitalization, orders
the respondent hospitalized for 72 hours. KRS 202A.028(1).
MENTAL HEALTH
6. Enter AOC Form 713, Order Granting/Denying 72 Hour Hospitalization by Quick Reference
applying the ENTERED stamp to the order; add the date and your initials. AOC Form 713
Enter the order by completing a document screen. Use document type Enter, date, initial
OGH or ODH. Give notice of entry by mailing or hand delivering copies of Document type:
the order to: OGH Order
Granting
• Respondent's attorney Hospitalization or
• CHFS. KRS 202A.101(5) ODH
• Peace Officer- three copies Order Denying
o Peace Officer's file Hospitalization
o Peace Officer's return
Notice of entry
o Hospital (Attach to this copy a copy of the completed AOC Form
710, Verified Petition for Involuntary Hospitalization and
completed AOC Form 712, Certification of QMHP). KRS AOC Form 710, AOC
202A.101(5).
Form 712
7. Close the case screen by adding disposition date; disposition type of 72H
(if granted) or OTH (if denied,) and judge at disposition. 72H
8. If further hospitalization is required, the hospital/facility will, prior to OTH (if denied)
expiration of 72 hours file in the county where hospital/facility is located
a new AOC Form 710, Verified Petition for Involuntary Hospitalization. If
hospital/facility files a new petition, proceed to “60/360 Day Filed By AOC Form 710
QMHP or Objection” section below.
MENTAL HEALTH
56.3.6 60/360 Day Petition Filed by QMHP or Objection to
Hospitalization
Quick Reference
1. When you receive an AOC Form 710, Verified Petition for Involuntary AOC Form 710
Hospitalization, from a QMHP, take it to any available district judge. Do
Deliver to judge
not open a case file at this time.
• If the district judge is absent from the county or otherwise not
available, take to the trial commissioner. SCR 5.030(f).
• If both the district judge and trial commissioner are absent from
the county or otherwise not available, take to any judge or justice
of the Court of Justice. KRS 202A.011(7).
NOTE: If the court finds probable cause for hospitalization based on the
court's examination of the petitioner, or based on the fact that the
petitioner is a QMHP, and there is an objection to hospitalization by any
party, the court will appoint counsel (see Order Appointing Counsel) and File, date, initial
set a hearing, (see Preliminary Hearing).
2. Apply the FILED stamp to AOC Form 710, Verified Petition; add date
and your initials.
Assign H number
3. Determine if the respondent has a prior case in your court by doing a
party search. If parties enter your court system the first time (no prior
case file exists); or a non-computer case file exists and a new petition is Document type PIH
filed, refer to the Case Add section of the KYCourts Manual for
instructions on opening the case. Assign an H number with a trailer
number using the next pre-numbered file folder.
4. File the petition by completing a document screen. Use document type
PIH.
56.3.7 Order Appointing Counsel
AOC Form 715
1. Enter Order Appointing Counsel, Setting Hearing, and Appointing License Enter order
Physician/QMHP/QPID, AOC Form 715.
Enter, date, initial
2. Apply the ENTERED stamp; add date and your initials. Enter the order Enter order
by completing a document screen. Use document type OAC. Document type
OAC
MENTAL HEALTH
56.3.8 Preliminary Hearing
Quick Reference
1. The preliminary hearing date shall be within six days from the date of
respondent's detention (if detained) and/or examination (if not Schedule hearing
detained), excluding weekends and holidays. KRS 202A.051(6)(a),(b).
Note the hearing on the calendar by completing a scheduled events
screen. Notice of entry
2. Provide notice of entry by mailing or hand delivering copies of the
petition and order to:
• Petitioner
• Respondent's appointed attorney
• If known, respondent's legal guardian, spouse, parent(s) or nearest
relative or friend, (KRS 202A.051(6)(b))
• Respondent
3. If detained (KRS 202A.051(7)(a) and the peace officer transports (five
copies):
• Respondent
• Peace Officer's file Attach copies of
• Peace Officer's Return AOC Form 712
• Two copies for hospital, one each for the licensed physician(s) and
QMHP (Attach to each of the two copies a blank copy of AOC Form
712, Certification of QMHP), and
4. If not detained, and no peace officer transports:
• Two copies for hospital, one each for the licensed physician(s) and
QMHP (Attach to each of the two copies a blank copy of AOC Form
712, Certification of QMHP).
5. See Probable Cause Not Found Section or Probable Cause Found Section
for how to proceed after the preliminary hearing.
MENTAL HEALTH
56.3.9 Transport Order
1. If respondent is not detained, and the court issues an Quick Reference
examination/transport order or summons (KRS 202A.051(7)(b),(8)),
prepare a detention/transport order or summons as directed by the
court. AOC Form 706
Summons type HD
2. If a summons is ordered, use AOC Form 706, Hospitalization/Disability Enter, date, initial
Summons) and complete a summons screen. Use summons type HD. If Document type OE
an examination/transport order is signed, apply the ENTERED stamp;
add the date and your initials and enter on a document screen. Use
document type OE.
3. Give five (5) copies of the summons (or examination/transport order);
petition; and order appointing counsel, setting preliminary hearing and
appointing physician/QMHP/QMRP to the Peace Officer for distribution
as follows:
• Respondent
• Officer's File
• Officer's Return
• Two copies for hospital, one each for the licensed physician(s) and Attach copies of
QMHP (attach to each of the two copies a blank copy of AOC Form AOC Form 712
712, Certification of QMHP). File, date, initial
• File return of summons by applying the FILED stamp; add date and
your initials. Enter the return information on the summons screen.
File, date, initial
4. Certification of Physician/QMHP/QMRP. When the certification is File certification on
received, apply the FILED stamp to the certification; add the date and document screen
your initials. File certification by completing a document screen. KRS Document type CH
202A.051(6)(c). Use document type CH.
56.3.10 Probable Cause Not Found
1. If on AOC Form 725, Findings of Probable Cause and Order, the court Enter, date, initial
does not find probable cause, apply the ENTERED stamp; add the date
and your initials. Complete a document screen. If AOC Form 725 is AOC Form 725- Use
utilized, use document type OTV, ORV, or ODIS, as appropriate. Give document type
notice of entry by mailing or hand delivering to: OTV, ORV, ODIS
Notice of Entry
• Respondent and Respondent's attorney
• Peace Officer
• Hospital/Facility
• If known, respondent's legal guardian, spouse, parent(s), or nearest
relative or friend
Close case screen
2. Close the case screen by completing the disposition date, disposition
type and judge at disposition.
MENTAL HEALTH
56.3.11 Probable Cause Found
Venue Retained
1. If on AOC Form 725, Findings of Probable Cause and Order, the court has Quick Reference
found probable cause and retained venue, enter both AOC Form 725, Enter AOC Form
Findings of Probable Cause and Order and AOC Form 726, Order 725 and AOC Form
Setting Final Hearing by applying the ENTERED stamp; add date and 726
your initials and complete document screens for each order. Enter, date, initial
Complete
2. If Form AOC Form 725 is utilized, use document type OTV, ORV, or document screens
ODIS, as appropriate. The final hearing must be set within 21 days Document type
of detention (if detained) or examination (if not detained). Final OTV, ORV, or ODIS
hearings cannot be waived. KRS 202A.076(2). Calendar the hearing
by completing a scheduled events screen. Jury trials are set only at
the party's request. KRS 202A.076(2). Calendar hearing
3. If respondent is ordered to community based outpatient treatment the
final hearing must be held within 60 days and may be continued for
another sixty days. Calendar the hearing by completing a scheduled
events screen.
4. If during this community based outpatient treatment the QMHP files a
request to have the respondent discharged, apply the FILED stamp File, date, initial
Document type REQ
to the request; add the date and your initials; complete a document
Take file to judge
screen and take the file to the judge. Use document type REQ.
NOE
5. Give notice of entry of Findings of Probable Cause and Order and Order
Setting Final Hearing by mailing or hand delivering copies to:
• Respondent's attorney
• County Attorney
• Peace Officer (four copies):
o Respondent
o Peace Officer's file
o Peace Officer's return
o Hospital (Attach to this copy a copy of the completed Verified
Petition and a copy of the completed Certification of QMHP).
KRS 202A.101(5).
MENTAL HEALTH
Venue Transferred
AOC Form 725
1. If on AOC Form 725, Findings of Probable Cause and Order, the court has
changed venue to the county where the hospital is located, enter AOC
Form 725, Findings of Probable Cause and Order by applying the Enter, date, initial
ENTERED stamp; add date and your initials and complete a document Complete
screen. document screen
Give notice of entry
2. Give notice of entry by mailing or hand delivering copies to:
• Respondent's attorney
• Peace Officer (four copies)
o Respondent
o Peace Officer's file
Quick Reference
o Peace Officer's return
o Hospital (Attach to this copy a copy of the completed Verified
Petition and a copy of the completed Certification of QMHP).
KRS202A.010(5).
3. Close case by completing the disposition date, disposition type TRF - Close case
Transferred and judge at disposition fields. Transfer the original file, Disposition type
within 24 hours to the district court of the county where hospital is TRF
located.
MENTAL HEALTH
Receiving Court
1. Apply the FILED stamp to the record received from the transferring File, date, initial
court; add date and your initials. File the entire record as one pleading File record on
by completing a document screen. Use document type RTRF. document screen
2. To determine if the respondent has a prior case in your court; if parties Document type
enter your court system the first time (no prior case file exists); or a non- RTRF
computer case file exists and a new petition is filed, refer to the Case
Add section of the KYCourts Manual for instructions on opening the case.
Assign an H number with a trailer number using the next pre-numbered
file folder. Assign H number
3. Schedule final hearing within 21 days of detention (if detained) or Schedule hearing
examination (if not detained). KRS 202A.051(9). Use AOC Form 726, AOC Form 726
Order Setting Final Hearing. Final hearings cannot be waived. KRS
202A.076(2).
4. Calendar the hearing by completing scheduled events screen. Jury trials Enter, date, initial
are set only at the party's request. KRS 202A.076(2). Apply the
ENTERED stamp to the order; add date and your initials and complete a Document type OST
document screen. Use document type OST.
Notice of entry
5. Give notice of entry of the Order Setting Final Hearing by mailing or hand
delivering copies to:
• Respondent's attorney
• Peace Officer file
• Peace Officer return
• Hospital/Facility – (Attach to this copy a completed copy of AOC
Form 710, Verified Petition for Involuntary Hospitalization, and a
copy of the completed Certification of QMHP) KRS 202A.010(5).
• County Attorney
6. If respondent is ordered to community based outpatient treatment the
Calendar hearing
final hearing must be held within sixty days and may be continued for
another sixty days. Calendar the hearing by completing a scheduled
events screen.
MENTAL HEALTH
7. If during this community based outpatient treatment the QMHP files a Quick Reference
request to have the respondent discharged or files an affidavit that it is
in the best interest of the person to be picked up, apply the FILED File, date, initial
stamp; add the date and your initials; complete a document screen and Document type
take the file to the judge. Use document type REQ. REQ
8. After final hearing, enter the judgment and order. AOC Form 730,
Judgment and Order for 60/360 Day Involuntary Hospitalization. Apply AOC Form 730
the ENTERED stamp; add the date and your initials and complete a Enter, date, initial
document screen. Use document type ODIS or OGH. Document type
ODIS or OGH
9. Give notice by mailing or hand delivering copies to:
• Respondent's attorney
• Peace Officer file
• Peace Officer return
AOC Form 710, AOC
• Hospital/Facility- Attach to this copy a completed copy of AOC Form Form 712, AOC
710, Verified Petition for Involuntary Hospitalization, AOC Form 712, Form 730
Certification of QMHP, and AOC Form 730, Judgment and Order of
Involuntary Hospitalization.
• County Attorney CHFS
• CHFS Department of
Behavioral Health
• If known- respondent's legal guardian, spouse, parent(s), nearest Developmental and
relative or friend Intellectual
10. Close the case screen by completing the disposition date, disposition Disabilities,
type and judge at disposition screen. 100 Fair Oaks Lane
4E-B
Frankfort, KY 40621
56.3.12 Appeal
Close case screen
If a notice of appeal is received, use same procedure as any district to circuit
court appeal. The hospital/facility ordered to receive the respondent is
allowed to appeal under KRS 202A.141(1).
56.3.13 Petition for Clarification
You may receive a petition from the hospital/facility having custody of the File, date, initial
respondent for clarification or modification of orders or judgments. Apply the
FILED stamp to the petition; add the date and your initials. File the petition Document type
by completing a document screen. Use document type PRMT. The hospital is PRMT
responsible for serving their pleadings on the respondent and respondent's
attorney. KRS 202A.141(1).
MENTAL HEALTH
56.4 Court-Ordered Community Outpatient Treatment
District Court
KRS Chapter 202A.0811-0831
KRS 202A.0811-0831 (“Tim’s Law”) permits involuntary court-ordered
outpatient mental treatment to be ordered. Any interested person,
including a qualified mental health professional, peace officer, county
attorney, Commonwealth’s attorney, spouse, relative, friend, or
guardian may file a petition for an examination or order for involuntary
assisted outpatient treatment.
No person shall be court-ordered to assisted outpatient mental health
treatment unless the person:
Is diagnosed with a serious mental illness;
Has a history of repeated nonadherence with mental health
treatment, which has:
• At least twice within the last forty-eight (48) months, been a
significant factor in necessitating hospitalization or arrest of
the person; or
• Within the last twenty-four (24) months, resulted in an act,
threat, or attempt at serious physical injury to self or others;
Is unlikely to adequately adhere to outpatient treatment on a
voluntary basis based on a qualified mental health professional's:
• Clinical observation; and
• Identification of specific characteristics of the person's clinical
condition that significantly impair the person's ability to make
and maintain a rational and informed decision as to whether to
engage in outpatient treatment voluntarily; and
Is in need of court-ordered assisted outpatient treatment as the least
restrictive alternative mode of treatment presently available and
appropriate.
56.4.1 Confidentiality of Records
All involuntary treatment proceedings and records are confidential. KRS
222.430 and 202A.091(1). They are open to the petitioner and respondent,
respondent’s attorney, respondent's parents or legal guardian, spouse, or nearest
relative or friend of the respondent, if named in the petition. KRS 202A.091(1). A
court order is required for other individuals seeking access to the case file. KRS
202A.091(3)
MENTAL HEALTH
56.4.2 Petition for Court-Ordered Assisted Outpatient Treatment
KRS 202A.0811-0831
Quick Reference
There are no filing fees or jury fees for court-ordered assisted outpatient
treatment cases. File, date, initial
1. Upon receipt of AOC Form 737, Verified Petition for Court-Ordered Assisted
Outpatient Treatment; apply the FILED stamp to the petition; add the 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 the next
trailer number. If a previous case does not exist, use the next pre- Assign an H number
numbered file folder.
Note: when entering into a previous case file – insert in the file folder using
a divider to separate trailers. At the close of each case; insert a copy of the
Copy case history
case history
3. Use case type COM – Commitment Proceeding
4. File by completing a document screen using document code PCAOT.
Note: If petition is filed by a QMHP, a completed AOC Form 737.1,
Evaluation Certification For Court-Ordered Assisted Outpatient Treatment Document code
would be included; file by completing a document screen using CEAOT. PCAOT
5. Take the petition to any available district judge along with AOC Form 737.2
Findings of Probable Cause and Order Setting Evaluation, Appointing
Counsel, and Setting Hearing (Court Ordered Assisted Outpatient
Treatment). If the district judge is absent from the county or otherwise not
available, take to any judge or justice of the Court of Justice. KRS
202A.011(7).
6. The court will examine the petitioner under oath as to the contents of the
petition. If the petitioner is a QMHP, the court may dispense with
examination. KRS 202A.0811.
MENTAL HEALTH
56.4.3 Probable Cause Not Found
1. If probable is not found the case must be dismissed, apply the ENTERED Quick Reference
stamp to AOC Form 737.2 Findings of Probable Cause and Order Setting
Evaluation, Appointing Counsel, and Setting Hearing (Court Ordered Enter, date, initial
Assisted Outpatient Treatment); add the date and your initials and enter
on a document screen using document type ODAOT. Close the case
screen with the disposition date, disposition type DBT and judge at Document type:
disposition. Memo “no probable cause found” in the case screen. ODAOT
2. Give notice of entry by distributing copies to: Notice of Entry
• Petitioner
• Respondent/Respondent’s Attorney
Disposition type:
DBT
56.4.4 Probable Cause Found, Hearing, Evaluation and
Appointment of Counsel
1. If Probable cause IS found, apply the ENTERED stamp to AOC Form 737.2
Findings of Probable Cause and Order Setting Evaluation, Appointing
Counsel, and Setting Hearing (Court Ordered Assisted Outpatient
Treatment); add the date and your initials and enter on a document
screen using document type OPCAOT.
Enter, date, initial
2. Give notice of entry by distributing copies to:
Document type:
• Petitioner
OPCAOT
• Respondent/Respondent’s Attorney
• Hospital/Facility/QMHP (Attach to this copy a blank AOC Form
737.1,
• Examination of QMHP)
o If not already filed and completed by QMHP
• Peace Officer (If summons/transport ordered)
3. The QMHP will evaluate the respondent and complete AOC Form 737.1, File, date, initial
Examination Certification for Court-Ordered Assisted Outpatient Document type:
Treatment. KRS 202A.0811. Apply the FILED stamp to the certification; CEAOT
add the date and your initials. File the certification by completing a
document screen using document code CEAOT.
Note: If the AOC form 737.1 is filed with the AOC Form 737 and the
evaluation certification was conducted no earlier than five (5) days prior
to the filing of the petition, step 3 is not needed
Event type: OH-
4. The hearing date shall be within six (6) days from the date of the filing of Memo Tim’s Law
the petition, excluding weekends and holidays. KRS 202A.0811. Complete
a scheduled event screen using event type “OH” and memo “Tim’s Law Hearing
Hearing”.
MENTAL HEALTH
56.4.5 Summons
Note: If the AOC Form 737.1 was filed by a QMHP with the AOC Form 737 a Quick Reference
summons/transport order may not be needed unless otherwise ordered by the Summons type:
court. AOT
1. If a summons is ordered, use AOC Form 737.3, Court-Ordered Assisted
Outpatient Treatment Summons, and complete a summons screen. Use
summons type AOT.
Give five (5) copies of the summons; petition; and order appointing counsel,
setting preliminary hearing and appointing physician/QMHP to the Peace
Officer for distribution as follows:
5 Copies – Peace Officer
• Respondent
• Officer’s File
• Officer’s Return
• 2 copies for hospital
o One each for the licensed physician(s) and QMHP (attach to each of File, date, initial
the two copies a blank copy of AOC Form 737.1, Certification of Document type:
QMHP). CEAOT
2. File return of summons by applying the FILED stamp; add date and
your initials. Enter the return information on the summons screen.
3. Certification of Physician/QMHP/QMRP. When the certification is
received, apply the FILED stamp to the certification; add the date and
your initials. File certification by completing a document screen. Use
document type CEAOT.
56.4.6 Transport Order
Note: If the AOC Form 737.1 was filed by a QMHP, with the AOC Form 737 a Quick Reference
summons/transport order may not be needed unless otherwise ordered by the
court. Summons type:
AOT
1. If you receive notice that the respondent has failed to attend an Enter, date, initial
examination or treatment, deliver the case file to the judge for direction on
issuing a summons and transport order. KRS 202A.0813.
2. If a summons is ordered, use AOC Form 737.3, Court-Ordered Assisted
Outpatient Treatment Summons, and complete a summons screen. Use
summons type AOT. If AOC Form 737.4 and examination/transport order is Document type:
signed, apply the ENTERED stamp; add the date and your initials and OTAOT
enter on a document screen. Use document type OTAOT
3. Give six (6) copies of the summons; transport order; petition; and order
appointing counsel, setting preliminary hearing and appointing
physician/QMHP for distribution as follows:
MENTAL HEALTH
• Respondent’s Attorney
Quick Reference
• 5 Copies – Peace Officer
o Respondent
o Officer’s File
Attach copies of
o Officer’s Return
AOC form 737.1
o 2 copies for hospital
one each for the licensed physician(s) and File, date, initial
QMHP (attach to each of the two copies a blank File certification on
copy of AOC Form 737.1, Certification of document screen
QMHP).
4. File return of summons by applying the FILED stamp; add date and Document type:
your initials. Enter the return information on the summons screen. CEAOT
5. Certification of Physician/QMHP/QMRP. When the certification is
received, apply the FILED stamp to the certification; add the date and
your initials. File certification by completing a document screen. Use
document type CEAOT.
Enter, date, initial
56.4.7 Court-Ordered Assisted Outpatient Treatment Document type:
1. Upon completion of the hearing, if the court finds the respondent OAOT
should be ordered to undergo court-ordered assisted outpatient NOE
treatment, the court will order the respondent to a period not to exceed
360 days.
2. When you receive AOC Form 737.5, Judgment and Order for Court-Ordered Assisted Outpatient Treatment, apply the ENTERED stamp to
the order; add the date and your initials. Enter using document type
OAOT. Give notice of entry by mailing or hand delivering copies of the
order to:
• Respondent's attorney
• Respondent Disposition type:
• Petitioner OTH
• Cabinet for Health and Family Services
• Outpatient Provider Agency
• County Attorney
3. Close the case by completing the disposition date; disposition type OTH and
judge at disposition on the case screen.
MENTAL HEALTH
56.4.8 Court-Ordered Assisted Outpatient Treatment Quick Reference
Denied
1. When you receive AOC Form 737.5, Judgment and Order for Court-Ordered Assisted Outpatient Treatment-Denied, apply the Enter, date, initial
ENTERED stamp to the order; add the date and your initials. Document type:
Enter using document type ODAOT. Give notice of entry by ODAOT
mailing or hand delivering copies of the order to:
NOE
• Respondent's attorney
• Respondent
• Petitioner Disposition type:
• Outpatient Provider Agency DIS
• County Attorney
2. 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.
3. Close the case by completing the disposition date; disposition
type DIS and judge at disposition on the case screen.
56.4.9 Appeal
If a notice of appeal is received, use same procedure as any district to circuit
court appeal.
MENTAL HEALTH
56.4.10 Motion to Stay, Vacate, or Modify Order
1. Upon receipt of AOC Form 737.6, Motion to Stay,
Vacate, or Modify Order apply the Filed stamp to the
order; add the date and your initials. Complete a
scheduled event screen MH. Enter Motion type MAOT.
The motion should be filed in the “H” number and
appropriate trailer.
• If the motion is filed by the respondent, set a
hearing.
• If the motion/application is filed by a treating QMPH
for a material change to the treatment plan, set
hearing not later than five (5) days after receiving
the application excluding weekends and holidays.
Note: If the respondent agrees to the material change
to the treatment plan, the court may approve without
hearing.
• Give notice of hearing.
o Respondent
o Respondent’s attorney of record
o Petitioner of record (see AOC Form 737)
o County attorney
o Outpatient provider agency
56.5 Involuntary Treatment for Substance Use Disorder
District Court
KRS Chapter 222
Involuntary treatment proceedings include proceedings for 60/360 days of
treatment for an individual, including juveniles, suffering from substance use
disorder. KRS Chapter 222.
All rights guaranteed by KRS Chapter 202A and 210 to involuntarily hospitalized
mentally ill persons shall be guaranteed to a person ordered to undergo
treatment for substance use disorder. KRS 222.430.
Also known as Casey’s Law.
56.5.1 Confidentiality of Records
All involuntary treatment proceedings and records are confidential and shall not
be open to the general public for inspection. KRS 222.430 and 202A.091(1). Any
person seeking information contained in the court files or the court records may
Quick Reference
File, date, initial
Event type: MH
Motion type: MAOT
Process Map
MENTAL HEALTH
file a written motion in the case setting out why the information is needed. KRS
202A.091 (3).
MENTAL HEALTH
56.5.2 Petition for 60/360 Day Treatment
KRS 222.432
Quick Reference
1. When you receive AOC Form 700A, Verified Petition for Involuntary AOC Form 700A
Treatment, apply the FILED stamp to the petition; add the date and
your initials. The petition will be filed in the confidential division of
district court. Deliver to judge
2. Refer to the Case Add section of the KyCourts Manual for instructions on Assign H number
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 the
next trailer number. If a previous case does not exist, use the next pre-numbered file folder.
Note: When entering into a previous case file – insert in the file folder
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 code
4. File by completing a document screen using document code PIHAD. PIHAD
5. Take the petition to any available district judge along with AOC Form
701A Hearing, Examination and Appointment of Counsel Notice and
Order (Involuntary Treatment-Substance Use Disorder). If the district
judge is absent from the county or otherwise not available, take to any
judge or justice of the Court of Justice. KRS 222.430; KRS 202A.011(7).
6. The court will examine the petitioner under oath as to the contents of
the petition. KRS 222. 433;
Probable Cause Not Found
1. If probable cause is not found, the case shall be dismissed. Disposition type
DBT
2. Close the case screen with the disposition date, disposition type DBT and
judge at disposition. Memo “no probable cause found” in the case
screen.
3. Give notice of entry by distributing copies to: NOE
• Petitioner/ Petitioner’s Attorney
Probable Cause Found, Hearing, Evaluation and Appointment of Counsel
1. If Probable cause IS found, apply the ENTERED stamp to AOC Form
701A Hearing, Examination, and Appointment of Counsel Notice and Enter, date, initial
Order (Involuntary Treatment- Substance Use Disorder); add the date
and your initials and enter on a document screen using document type Document type
OHEAC. OHEAC
2. Give notice of entry by distributing copies to:
• Respondent/Respondent’s Attorney
MENTAL HEALTH
• Respondent’s Legal Guardian, Spouse, Parent(s), Nearest Relative, or Quick Reference
Friend (if applicable) AOC Form 700A
• Hospital/Facility/QHP (Attach to this copy a completed AOC Form AOC Form 703a
700A, Verified Petition for Involuntary Treatment and a blank AOC
Form 703A, Certification of QHP)
• Peace Officer (If summons/transport ordered)
3. The hearing date shall be within 14 days from the date of the filing of the
petition. KRS 222.433. Note the hearing on the calendar by completing a
scheduled events screen.
4. The QHP will evaluate the respondent and complete AOC Form 703A,
Certification of Qualified Health Professional (Involuntary Treatment-Substance Use Disorder). KRS 222.005. Apply the FILED stamp to the
certification; add the date and your initials. File the certification by Document code CIT
completing a document screen using document code CIT.
56.5.3 Summons
1. If you receive notice that the respondent has failed to attend an
examination or treatment, deliver the case file to the judge for direction
on issuing a summons. KRS 222.435.
2. If a summons is ordered, use AOC Form 702A, Summons Involuntary
Treatment (Substance Use Disorder), and complete a summons screen.
Use summons type IT. Give five (5) copies of the summons; petition; AOC Form 702A
and order appointing counsel, setting hearing and appointing Summons type IT
physician/QHP to the Peace Officer for distribution as follows:
• Respondent
• Officer’s File
• Officer’s Return
• One of each for the Qualified Health Professionals (attach to each of
AOC Form 703A
the two copies a blank copy of AOC Form 703A, Certification of
Qualified Health Professional (Involuntary Treatment-Substance
Use Disorder).”
NOTE: Only send AOC Form 703A to QHP if examination boxes are
checked on summons.
File, date, initial
3. File return of summons by applying the FILED stamp; add date and
your initials. Enter the return information on the summons screen. FILE, date, initial
4. Certification of Physician/QHP. When the certification is received, apply Document type CIT
the FILED stamp to the certification; add the date and your initials. File
certification by completing a document screen. Use document type CIT.
MENTAL HEALTH
56.5.4 Transport Order
MENTAL HEALTH
1. If you receive notice that the respondent has failed to attend an Quick Reference
examination or treatment, deliver the case file to the judge for direction
on issuing a transport order. KRS 222.435.
AOC Form 705A
2. If AOC Form 705A and examination/transport order is signed, apply the
Enter, date, initial
ENTERED stamp; add the date and your initials and enter on the
document screen using document type OT - Order to Transport. Document type OT
3. Give six (6) copies of the transport order, petition, and order appointing
counsel, setting hearing and appointing physician/QHP for distribution as
follows:
o Respondent’s Attorney
o Peace Officer (5 Copies)
• Respondent
• Peace Officer’s file and return (2 copies)
• Licensed Physician
• Qualified Health Professional File, date, initial
4. File the execution of the transport order by applying the FILED stamp; Document screen
add date and your initials. Complete a document screen by using ROS ROS
−Return of service.
5. Certification of Physician/QHP. When the certification is received, apply
the FILED stamp to the certification; add the date and your initials. File File, date, initial
certification by completing a document screen. Use document type CIT.
Document type CIT
56.5.5 Involuntary Treatment Ordered
1. Upon completion of the hearing, if the court finds by proof beyond a
reasonable doubt that the respondent should be ordered to undergo
involuntary treatment, the court will order the respondent to treatment
for a period not to exceed 60 consecutive days from the date of the
court order or a period not to exceed 360 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. KRS
222.433(3). AOC Form 704A
2. When you receive AOC Form 704A, Judgment and Order for Involuntary Enter, date, initial
Treatment, apply the ENTERED stamp to the order; add the date and
your initials. Enter using document type JOIT. Give notice of entry by Document type
mailing or hand delivering copies of the order to: JOIT
• Respondent's attorney NOE
• Respondent
• Respondent’s Guardian, Spouse, Parent(s), Nearest Relative or
Friend (where applicable)
• Petitioner
• Hospital/Treatment Facility Enter, date, initial
• Peace Officer (2 Copies)
Document type
OHEAC
MENTAL HEALTH
3. Close the case by completing the disposition date; disposition type OTH Quick Reference
and Disposition type
judge at disposition on the case screen. OTH
AOC Form 704A
56.5.6 Involuntary Treatment Denied
1. When you receive AOC Form 704A, Judgment and Order for Involuntary Enter, date, initial
Treatment-Denied, apply the ENTERED stamp to the order; add the Document type
date and your initials. Enter using document type JOIT. Give notice of JOIT
entry by mailing or hand delivering copies of the order to:
• Respondent's attorney
• Respondent
• Respondent’s Guardian, Spouse, Parent(s), Nearest Relative or
Friend (where applicable)
• Petitioner
• Hospital/Treatment Facility
• Peace Officer (2 Copies)
2. 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.
KRS 222.433.
3. Close the case by completing the disposition date; disposition type DIS
and judge at disposition on the case screen. Disposition type DIS
56.5.7 72 Hour Hospitalization Granted
AOC Form 704B
1. When AOC Form 704B Order 72 Hour Hospitalization (Substance Use
Disorder) is for 72 Hour Hospitalization, apply the ENTERED stamp to the Enter, date, initial
order; add the date and your initials. Enter by completing a document NOE
screen. Give notice of entry by mailing or hand delivering copies of the
order to:
• Respondent
• Respondent's Attorney
• Petitioner
• Peace Officer (3 Copies)
o Peace officer’s file
o Peace officer’s Return
o Hospital
NOTE: The copy to the Hospital must have attached to it a copy of the AOC Form 703A
completed Certification of the QHP (AOC 703A).
AOC Form 704B
56.5.8 72 Hour Hospitalization Denied Enter, date, initial
When AOC Form 704B Order 72 Hour Hospitalization (Substance Use Disorder)
NOE
is for 72 Hour Hospitalization, apply the ENTERED stamp to the order; add the
MENTAL HEALTH
date and your initials. Enter by completing a document screen. Give notice of
entry by mailing or hand delivering copies of the order to:
• Respondent
• Respondent's Attorney
• Petitioner
56.5.9 Appeal
If a notice of appeal is received, use same procedure as any district to circuit
court appeal.
56.5.10 List of Providers
When you receive a list of hospitals, psychiatric facilities, and treatment
providers from your regional community mental health board, deliver a copy of
such list to your judge and maintain a copy in your office. KRS 210.485.
56.6 Juvenile Mental Health
District Court
KRS 645
56.6.1 Confidentiality
Proceedings and records are confidential except to the juvenile, parent(s),
guardian(s) and attorney for the juvenile. Access by all other persons must be
by court order. KRS 610.340.
NOTE: An involuntarily hospitalized juvenile has a right to copies of his or her
complete record without charge and the right to appeal without bond or filing
fees. KRS 645.035(2).
56.6.8 Voluntary Hospitalization
KRS 645.030.
A juvenile voluntarily admitted to a hospital may give written notice of intent
to leave at any time. KRS 645.190(1). A copy of this notice is to be given to the
court. Place these notices in a file labeled “Notices to Leave Hospital.”
MENTAL HEALTH
56.6.9 Petition for Certification or Emergency Involuntary
Hospitalization
KRS 645.040 and 645.120 Quick Reference
1. There is no filing fee. KRS 610.350. No filing fee
2. When a Petition for Certification or a Petition for Emergency Involuntary AOC Form JV-23
Hospitalization, AOC Form JV-23, is received, apply the FILED File, date, initial
stamp; add the date and your initials.
3. Refer to Case Add section of KyCourts Manual for instructions on
opening the case. Assign a Juvenile J number and appropriate trailer Juvenile J case
number using the next pre-numbered file folder. If a previous case
exists, enter into the existing case number under the next trailer
number. Case type SP
4. Use case type SP- Special Proceedings. Document type PIH
5. Complete a document screen for the petition using document type PIH.
UOR 0028030
6. Complete a charge screen using UOR 0028030-Emergency/involuntary
hospitalization.
7. Enter as the charge/violation date the date the petition was sworn to
under oath.
AOC Form JV-24
8. Place AOC Form JV-24, Order Granting Emergency Hospitalization and and AOC Form JV-
Evaluation and AOC Form JV-25, Order Denying Petition for 25
Emergency Hospitalization in the case file. Immediately deliver the
case file to the judge or the trial commissioner, if a judge is not
available. Enter, date, initial
9. When a signed order is received, apply the ENTERED stamp; add the
date and your initials. Complete a document screen using document Document type
type: OGH for AOC Form
JV-24
• OGH if AOC Form JV-24 is used. Document type
• ODH if AOC Form JV-25 is used. ODH for AOC Form
• Include date and service method on the document screen. JV-25
10. Serve a copy of the order on CHFS, or the hospital/facility whichever
is appropriate.
11. Close the charge screen by completing the disposition date,
Trial type N
disposition type, judge, and trial type N. Use disposition type:
Disposition type
• HOS – Hospitalization/juvenile
HOS, DEN, DIS, TRF
• DEN – Hospitalization-denied
• DIS – Dismissed
• TRF – Transferred to another court/jurisdiction.
MENTAL HEALTH
56.6.10 60-Day Involuntary Hospitalization
KRS 645.040 - 645.100
1. When you receive a Verified Petition for Involuntary Hospitalization, Quick Reference
AOC Form JV-23, apply the FILED stamp; add the date and your AOC Form JV-23
initials. Complete a document screen using document type PIH. File, date, initial
Refer to Case Add section of KY Courts Manual for instruction on Document type PIH
opening the case. Assign a Juvenile J case number and appropriate
trailer number using next pre-numbered file folder. If a previous Juvenile J case
case exists, enter into the existing case number under the next
trailer number.
Case type SP
2. Use case type SP, Special Proceedings.
UOR 0028040
3. Complete a charge screen using UOR 0028040, Involuntary Admit
MH/Juvenile.
4. Enter as the charge/violation date, the date the petition was sworn
to under oath.
56.6.11 Appointment of Counsel
1. The court will appoint a public advocate to represent the juvenile.
KRS 645.060(1). Enter, date, initial
2. Apply the ENTERED stamp to the order; add the date and your Document type
initials. Complete document screen using document type OAPAD OAPAD
and enter date and method of service.
3. Complete a party screen for the public advocate using party type Party type APA
APA.
MENTAL HEALTH
56.6.12 Hearing
1. Schedule a hearing 7 days from the filing of the petition, excluding
weekends and holidays as directed by the judge. Complete a Schedule hearing
scheduled event screen using event type OTH. Event type OTH
2. If no pleading is filed by counsel for the juvenile contesting the
petition within 7 days of the filing of the petition, excluding AOC Form JV-26,
weekends and holidays, place AOC Form JV-26 and AOC Form JV-27 AOC Form JV-27
in the case file and deliver to the judge. Enter, date, initial
3. When a signed order is received, apply the ENTERED stamp; add
the date and your initials. Complete a document screen, including Document type:
date and method of service. Use document type: AOC Form JV-26-
OGH
• OGH if AOC Form JV-26 is used.
• ODH if AOC Form JV-27 is used. AOC Form JV-27-
ODH
• Include date and service method on the document screen.
4. Serve a copy of the order on counsel of record and the
hospital/facility, if appropriate. Serve copy of order
5. Close the charge screen by completing the disposition date,
disposition type, judge and trial type N. Use disposition type:
Trial type N
• HOS – Hospitalization/juvenile Quick Reference
• DEN – Hospitalization denied Disposition type
• DIS – Dismissed HOS, DEN, DIS, TRF
• TRF – Transferred to another court/jurisdiction.
56.6.13 Petition Contested
1. Counsel for the juvenile may advise the court in writing of the desire
to contest the petition.
2. Apply the FILED stamp to the document; add the date and your File, date, initial
initials. Complete a document screen.
Schedule
3. Schedule a certification hearing within 7 days from the filing of the
certification
pleading contesting the petition, excluding weekends and holidays,
hearing
as directed by your judge. Complete a scheduled event screen using
Event type OH
event type OH.
4. When a signed order is received, apply the ENTERED stamp; add Enter, date, initial
the date and your initials. Complete a document screen, including
date and method of service. Serve a copy of the order on counsel of Serve copy
record and the hospital/facility, if appropriate.
MENTAL HEALTH
56.6.14 Refusal of Treatment
1. A hospital/facility may petition the court for a determination if a
patient, involuntary hospitalized, refuses treatment. KRS
645.170(3). File, date, initial
2. Apply the FILED stamp to the petition; add the date and your Document type
initials. Complete a document screen using document type COM COM
and include in memo a brief description.
3. Schedule a hearing within 7 days of the filing of the petition, Schedule hearing
excluding weekends and holidays as directed by the judge. Scheduled event
Complete a scheduled event screen using event type OTH. type OTH
4. When a signed order is received, apply the ENTERED stamp; add
the date and your initials. Complete a document screen, including Enter, date, initial
date and method of service. Serve a copy of the order on counsel of
record and the hospital.
MENTAL HEALTH
56.6.15 180-Day Recertification Procedure
KRS 645.110
Quick Reference
1. Any interested person desiring to continue a juvenile’s
hospitalization beyond 60 days, may file a recertification petition.
AOC Form JV-23
The petition must be filed before the 60-day commitment is
completed. AOC Form JV-23, Verified Petition for Involuntary
File, date, initial
Hospitalization should be used.
2. Apply the FILED stamp to the petition; add the date and your Document type PIH
initials. Complete a document screen in the existing 60-day
Schedule hearing
involuntary hospitalization case file using document type PIH.
3. Schedule a hearing within seven (7) days of the filing of the petition, Event type OTH
excluding weekends and holidays as directed by the judge.
Complete a scheduled event screen using event type OTH.
4. If no pleading is filed by counsel for the juvenile contesting the
petition within 7 days of the filing of the petition, excluding AOC Form JV-26,
weekends and holidays, place AOC Form JV-26 and AOC Form JV-27 AOC Form JV-27
in the case file and deliver to the judge. Enter, date, initial
5. When a signed order is received, apply the ENTERED stamp; add
Document type:
the date and your initials. Complete a document screen, including
date and method of service. Use document type: AOC Form JV-26-
OGH
• OGH if AOC Form JV-26 is used.
• ODH if AOC Form JV-27 is used. AOC Form JV-27-
• Include date and service method on the document screen. ODH
6. Serve a copy of the order on counsel of record and the
hospital/facility, if appropriate.
7. Close the charge screen by completing the disposition date,
disposition type, judge and trial type N. Use disposition type:
Trial type N
• HOS – Hospitalization/juvenile
• DEN – Hospitalization denied Disposition type
• DIS – Dismissed HOS, DEN, DIS, TRF
• TRF – Transferred to another court/jurisdiction
MENTAL HEALTH
56.6.16 Recertification Petition Contested
1. Counsel for the juvenile may advise the court in writing of the Quick Reference
desire to contest the petition.
2. Apply the FILED stamp to the document; add the date and your File, date, initial
initials. Complete a document screen. Complete
document screen
3. Schedule a certification hearing within 7 days from the filing of the Schedule hearing
pleading contesting the petition, excluding weekends and holidays, Complete event
as directed by your judge. Complete a scheduled event screen screen using event
using event type OTH. type OTH
4. When a signed order is received, apply the ENTERED stamp; add Enter, date, initial
the date and your initials. Complete a document screen, including
date and method of service. Serve a copy of the order on counsel
of record and the hospital/facility, if appropriate.
56.6.17 Expungement
Expungement of the record means the sealing of all papers in the proceeding,
including the docket sheet, index card, police records, Cabinet for Health and
Family Services records and case files. This is done by court order.
If you receive a motion to expunge the case file:
1. Apply the FILED stamp to the motion; add the date and your initials. File, date, initial
File the motion by completing a motion screen. The respondent
must serve the county attorney with the motion. KRS 202A.091(2).
2. If the county attorney files a motion to request a hearing, apply the File, date, initial
FILED stamp to the motion; add the date and your initials. KRS Complete motion
202A.091(2). Complete a motion screen and a scheduled events and scheduled
screen. events screen
3. When the order granting/denying expungement is received, apply the Enter, date, initial
ENTERED stamp; add the date and your initials. Enter by Document type OEX
completing a document screen. Use document type OEX.
4. If the court grants the expungement, notify any officials or agencies
named in the order, and seal the court records including any
manual case file items (e.g. docket sheet, index card) in an
envelope. On the outside of the sealed envelope, add the case
number, the birth date of the respondent for identification and the
date of the order of expungement. It is not necessary to include
the electronic tapes in the sealed envelope or to destroy the tapes.
5. If you are asked about an expunged record, advise that no such
record exists.
6. An expunged record can be reopened only upon petition to the
court and an order specifying the names of those who shall have
access to the file.
7. Refer to the KyCourts Manual for electronic expungement process.
MOTION FOR LEAVE TO PROCEED IN FORMA PAUPERIS
57 MOTION FOR LEAVE TO PROCEED IN
FORMA PAUPERIS
CR 5.05(4); RAP 54.
57.1 Motion to Proceed In Forma Pauperis
1. Upon receipt of a motion to proceed Informa Pauperis, or AOC Form Quick Reference
026, with a pleading sought to be filed without payment of fees, apply File motion, date,
the FILED stamp to the pauper motion; add the date and your initials. initial
2. Apply the TENDERED stamp (or write the word TENDERED or
RECEIVED) on the pleading sought to be filed without payment of fees; Apply TENDERED
add the date and your initials. stamp or write
TENDERED or
3. If the tendered pleading is a complaint, petition or other initiating RECEIVED
document refer to Case Add section of KyCourts Manual for instructions
for opening the case. Generate the next case number or use the next
pre-numbered file folder for the proper category.
4. File the pauper motion on a scheduled event screen as MNH (motion not File pauper motion
requiring a hearing) using motion type PFP. MNH using motion
type PFP
5. File the tendered pleading on a document screen using document type
TD and write tendered in the memo field. DO NOT issue a summons if
the tendered pleading is a complaint, petition, or other initiating
document.
6. Deliver the motion and affidavit to the judge.
File motion, date,
7. Upon receipt of a signed order ruling on the motion, apply the
initial
ENTERED stamp to the order; add the date and your initials. Enter the
order on a document screen using document type OFP if the motion is
granted or OFD if the motion is denied. Give notice of entry of the order Document type OFP
by making a copy of the order that has been stamped Entered and mail or OFD
or hand deliver it to the moving party if filed with an initiating pleading
or to all parties if filed in an on-going case.
NOTE: Do not cross through or otherwise alter or obliterate the
TENDERED or RECEIVED notation on the tendered pleading.
8. If the order denies the motion for leave to proceed In Forma Pauperis,
the moving party has thirty (30) days from the notice of entry of the
order to pay the required filing fees and certified mail service fee or file
an appeal the judge's order. Create a tickler by completing a schedule Event type REV
event screen using event type REV-Review.
MOTION FOR LEAVE TO PROCEED IN FORMA PAUPERIS
In Forma Pauperis Granted or Filing Fees Paid Timely
1. If the order grants the motion for leave to proceed In Forma Pauperis or Quick Reference
the losing party files the required filing fees within thirty (30) days, File motion, date,
apply the FILED stamp to the tendered pleading (previously marked as initial
TENDERED or RECEIVED) add the date and your initials.
2. File by completing a new document screen using the appropriate
document type.
3. If the pleading sought to be filed is a complaint, petition or other case
initiating document, issue a summons for each defendant in the case as
directed by the plaintiff.
4. If the plaintiff directs service by certified mail, mail the summons with
the complaint attached using postage funds provided to your office. If
the plaintiff directs personal service, make a copy of the summons. Give
the plaintiff the two summons with a copy of the complaint attached to
the copy of the summons and instruct the plaintiff to deliver to the
sheriff for service.
In Forma Pauperis Denied and Filing Fees Not Paid
1. If the time has lapsed and no notice of appeal filed or filing fees paid,
present the case file to the judge.
NOTE: If the party is an inmate, and the court denies waiver of fees, the
inmate shall be given 45 days after the date of the order to pay any
required fees or costs. Summons concerning the inmate's case shall not
be issued until the filing fee and the fee relating to service of process is
paid. KRS 454.410(3). See Civil Actions Filed by an Inmate.
57.2 Appeal of Denial of Motion to Proceed In Forma
Pauperis
RAP 55
See Appeals in Special Cases – Denial of Motion to Proceed In Forma
Pauperis.
MOTION FOR SHOCK PROBATON
58 MOTION FOR SHOCK PROBATION
KRS 439.265, 439.267
District and Circuit Courts
58.1 Motion
1. Upon receipt of a motion for shock probation, apply the FILED stamp
to the motion; add the date and your initials.
2. Do not collect a filing fee for this proceeding.
3. Do not issue a summons.
4. Complete a charge screen using the appropriate UOR number for shock
probation:
• Felony charge - 0026090
• Misdemeanor charge - 0026100
5. Take the record to the judge who decided the case. If the judge sets a
hearing, calendar on the scheduled events screen and attach a motion
screen using code SP under the original case number.
58.2 Order
1. Upon receipt of AOC Form 460, Order on Motion for Shock Probation, or
any court order ruling on the motion, apply the ENTERED stamp to the
judgment or order; add the date and your initials.
2. Enter the judgment or order on the document screen using document
type OSP, including a brief description.
3. After the judgment or order is entered, serve notice of entry on every
party who is not in default or who has not filed a written waiver of
notice.
4. Make an entry on the document screen showing the manner and date of
the service of the notice of entry of the judgment or order. For more
information, see Notice of Entry.
5. Mail a copy of the judgment or order to Shock Probation Offender
Information.
Quick Reference
File motion, date,
initial
Do not collect filing
fee
Do not issue
summons
UOR Code:
* Felony- 0026090
* Misdemeanor –
0026100
Code SP
AOC Form 460
Enter, date, initial
Document Type
OSP
Serve notice of
entry
Shock Probation
Offender
Information
P.O. Box 2400
Frankfort, KY 40601
Process Map
MOTION FOR SHOCK PROBATON
6. When the charge is disposed of, complete the charge screen with closing Quick Reference
information by entering the disposition date, disposition type, type GNT Complete charge
(Granted) or DEN (Denied), disposition judge, and trial type. For screen
information about the Charge screen, see the Charge Detail Screen Charge disposition
section in the KyCourts Manual. Type
7. Complete a sentence screen, if appropriate. For information about the Granted: GNT
Sentence screen, see the Sentence Detail section in the KyCourts Denied: DEN
Manual.
Complete sentence
NOTE: Reopen and reclose case statistically only if there is a hearing and
screen
a signed order or judgment is received by completing a special status
screen as directed in Special Status Detail in the KyCourts Manual.
MOTION TO SET ASIDE/VOID CONVICTION
59 MOTION TO SET ASIDE/VOID
CONVICTION
KRS 218A.275(8)-(9); 218A.276(8)-(9)
District or Circuit Court
59.1 Receipt of Motion
1. When a motion to set aside and void a conviction of possession of
marijuana or possession of controlled substance is received, apply the
FILED stamp to the motion; add the date and your initials.
NOTE: There is no filing fee for this proceeding.
2. File the motion under the original case number by completing a
scheduled events screen and adding a motion screen using motion event
type SA.
3. Do not issue a summons.
4. Take the case file to the judge who decided the case. If the judge sets a
hearing, calendar on a scheduled events screen.
5. Upon receipt of AOC Form 334, Order Voiding Conviction and Sealing
Records, apply the ENTERED stamp, add the date and your initials.
6. Complete a document screen using document type OVSR.
7. Move the current disposition date, type and judge information to the
memo field and close out the charge as disposition type VSC-VOIDED
SEALED CONVICTION.
8. Reopen and close a special status screen only if a hearing and a signed
order/judgment is received. For instructions, see the Special Status
Detail Screen section of the KyCourts Manual.
59.2 Seal the Record
If the order directs sealing of specific items, print AOC Form 336,
Supplemental Order Sealing records for Successful Deferred Prosecution
from KyCourts and deliver to the judge for verification of specific items to
be sealed.
NOTE: If charge(s) ordered sealed is in a circuit criminal case that
originated in district court, you must print the supplemental order
sealing AOC Form 336 from the district court case as well as the circuit
court case to be delivered to the circuit court judge.
Quick Reference
File, date, initial
Motion Type: SA
Do not issue
summons
AOC Form 334
Enter, date, initial
Document type
OVSR
Disposition type
VSC
Process Map
MOTION TO SET ASIDE/VOID CONVICTION
NOTE: For KY3 counties – print from the case detail “forms” screen
within KY3 - Form# SosOrder.
NOTE: For KY2 counties – print from the Report Printing drop-down list
within KY2 – Supp Ord Seal Recs Success Defer Prosec/Void Conv
NOTE: If you are asked about a sealed record, advise that no such
record exists.
59.2.1 Seal the Electronic Record
1. Upon receipt of AOC Form 334 and/or a completed AOC Form 336 from
the judge, seal the electronic record by clicking “Seal Case/Charge”
button under “Case Level Maintenance.” Click “Seal in accordance
with HB 463” button.
Seal Entire Case will remove/transfer the entire case (all screens) from
the “CI, DI or CO divisions” to the “SE division.”
Seal Specific Charge(s) will remove/transfer only the selected offenses
from the case within the “CI, DI or CO division” to the “SE
division.” Any reference to the sealed charges left in the “CI, DI, or CO
division” must be taken out manually from any screen/field (the
memo, BP/CO Recap).
NOTE: Sealing a charge/case Per HB 463 transfers the charge/case to
the SE “Sealed Division.” Information relating to the charge or case will
not appear for public inspection electronically. Sealing a charge/case
Non HB 463 will transfer charge/case details to the SE division,
however; other case details may still be viewable electronically to the
public.
MOTION TO SET ASIDE/VOID CONVICTION
59.2.2 Seal the Case Record
1. If the case is not in the computer and if an original calendar can be Quick Reference
located, make a copy and place in the original case file before sealing. Do Seal the original
not mark out the case on the copy. case jacket, case
history, videos and
2. Seal the original case jacket, case history (docket sheet(s) and index card, logs, adding the
if such exists), recording(s) and recording log(s) in an envelope. Add the case number and
case number, the defendant's date of birth and the date of the sealed defendants DOB to
order to the outside of the envelope. Maintain in a locked file cabinet. outside of envelope
Do not open except by court order. If the court orders the case unsealed,
make appropriate notation on outside of envelope.
EXCEPTION: If the recording(s) include other cases, make a notation on
the log(s) that the case file has been sealed. If a request for a copy is
made, do not copy that portion of the recording that pertains to the
sealed record.
NOTE: It is not necessary to seal the audio tapes; the official retention
and disposal schedule for district court tapes applies.
3. On the original calendar, obliterate the case and mark the obliteration Obliterate the case,
“SEALED.” mark SEALED
MOTION TO VACATE, SET ASIDE, OR CORRECT SENTENCE
60 MOTION TO VACATE, SET ASIDE, OR
CORRECT SENTENCE
RCr 11.42
District or Circuit Court Process Map
A prisoner in custody under sentence or a defendant on probation, parole
or conditional discharge who claims a right to be released on the ground
that the sentence is subject to collateral attack may proceed by motion in
the court that imposed the sentence to vacate, set aside or correct it. RCr
11.42.
There is no filing fee for this proceeding.
MOTION TO VACATE, SET ASIDE, OR CORRECT SENTENCE
1. Upon receipt of an RCr 11.42 motion to vacate, set aside, or correct a Quick Reference
sentence apply the FILED stamp to the motion; add the date and your File, date, initial
initials.
2. File the motion under the original case number by completing a
scheduled events screen and adding a motion screen.
Send copy to
3. Send a copy of the motion to vacate, set aside or correct sentence to the Attorney General
Attorney General and to the Commonwealth's Attorney. Indicate the and
date of mailing on the copy and also in the memo field of the motion Commonwealth’s
screen. RCr 11.42(4). Attorney
4. Do not issue a summons. Do not issue
5. Complete a charge screen using the UOR number 0026070. This is the summons
UOR number used to vacate, set aside or correct sentence. UOR code
6. Take the folder to the judge who decided the case. If the judge sets a 0026070
hearing, calendar on the scheduled events screen.
7. When a signed judgment or order is received, apply the ENTERED
stamp to the judgment or order; add the date and your initials.
8. Enter the judgment or order on the document screen, including a brief Enter, date, initial
description.
9. Serve notice of entry on every party who is not in default or who has not
filed a written waiver of notice.
10. Make an entry on the document screen showing the manner and date of Serve notice of
the service of the notice of entry of the judgment or order. For more entry
information, see Notice of Entry.
11. When the charge is disposed of, complete the charge screen with
appropriate closing information by entering the disposition date, judge,
disposition type, and trial type. See sections Vacate/Set Aside and
Sentence Correction below for additional disposition information.
Complete charge
12. Do not complete a sentence screen. screen
13. Reopen and reclose case statistically only if there is a hearing and a
signed order or judgment is received. Complete a special status screen.
For instructions, see the Special Status Detail Screen section of the
KyCourts Manual.
MOTION TO VACATE, SET ASIDE, OR CORRECT SENTENCE
60.1 Vacate/Set Aside
If the order vacates or sets aside the sentence of the original charge:
1. On the original charge screen overlay the disposition date with the date
the order ruling on the 11.42 motion was entered.
2. Overlay the disposition type with SAV SET ASIDE/VOIDED.
3. Delete the sentence screen.
4. If an additional hearing is ordered by the judge, complete a scheduled
events screen.
60.2 Sentence Correction
If the order corrects the sentence on the original charge, add an amended
sentence to the original charge to reflect the court’s order.
Disposition type
SAV SET
ASIDE/VOIDED
Delete sentence
screen
Complete
scheduled events
screen
Quick Reference
Do not complete
sentence screen
NO PASS/NO DRIVE LAW
61 NO PASS/NO DRIVE LAW
KRS 159.051
District Court
The No Pass/No Drive Law provides for denial or revocation of a student's
driver's license/permit who is at least 15 years of age but less than 18 years
of age when the student drops out of school or is academically deficient.
Within 15 days after Transportation sends notice to student that the driver's
license/permit has been revoked or denied, the student's custodial parent,
legal guardian, or next friend may request an ex parte hearing in district
court for the purpose of getting the license reinstated.
1. Upon receipt of AOC Form 297 (Petition for Student Driving Privilege/
Reinstatement) do not collect a filing fee. Apply the FILED stamp to the
petition; add the date and your initials.
2. Refer to Case Add section of the KYCourts Manual for instructions on
opening the case. Generate the next case number in the computer for
district civil C cases or use the next pre-numbered file folder.
3. Do not issue a summons.
4. Add the petition as a document using document type PDS.
5. Schedule hearing on next available hearing date and inform petitioner.
6. Upon receipt of a Student Driver’s License Order (AOC Form 298), apply
the ENTERED stamp; add the date and your initials.
7. Enter the judgment or order on the document screen using document
type OSD, including a brief description. Serve notice of entry on every
party and distribute copies as follows:
• Original - Court file
• Copy - Petitioner
• Copy - Transportation Cabinet, Division of Driver's Licensing
Quick Reference
AOC Form 297
Do not collect a
filing fee
File, date, initial
District C Case
Do not issue a
summons
Document type PDS
AOC Form 298
Enter, date, initial
Document type
OSD
NOE
NOTICE OF BANKRUPTCY
62 NOTICE OF BANKRUPTCY
1. Upon receipt of a notice of filing of bankruptcy, apply the FILED stamp
to the notice; add the date and your initials.
2. If there is an existing case, file by completing a document screen. Use
document type NBK.
3. If no case exists, file the notice in the general file.
NOTE: The case is stayed until an order of discharge is received from the
bankruptcy court.
62.1 Discharge of Debtor
1. Upon receipt of a bankruptcy discharge notice, apply the FILED stamp;
add the date and your initials.
2. Complete a document screen using document type NODI.
3. Schedule a hearing for the court to review the case by completing a
scheduled events screen. Use scheduled events type REV.
4. When a signed judgment or order is received, apply the ENTERED
stamp; add the date and your initials. Enter the judgment or order on
the document screen, including a brief description. RCr 11.04.
5. Serve notice of entry on every party who is not in default or who has not
filed a written waiver of notice. Make an entry on the document screen
showing the manner (mail or personal delivery) and date of the service
of notice of entry of the order. RCr 12.06. For more information, see
Notice of Entry.
6. If the judgment or order closes the case, complete the disposition date,
disposition type and judge at disposition fields on the case screen.
Quick Reference
File, date, initial
Document type
NBK
File, date, initial
Document type
NODI
Scheduled event
type REV
Enter, date, initial
NOE
Close case
Process Map
NOTICE OF ENTRY
63 NOTICE OF ENTRY
RCr 11.04, CR 77.04, RCr 12.06
Notice of Entry (NOE) must be given on all orders and judgments.
Notice of entry is necessary because the notice of entry date governs the
running of time for appeal. CR 77.04(1) and (2), RCr 12.06(1).
This is a multi-step process, and all steps must be performed on the same
date.
BEST PRACTICE: Do not give out copies until all steps have been
accomplished to ensure that NOE is accurate and complete.
1. Apply the ENTERED stamp to the order or judgment; add the date and
your initials.
2. Enter the judgment or order on a document screen with a brief
description. The judgment or order does not become effective until this
is done. RCr 11.04.
3. Serve the notice to every party who is not in default or who has not filed
a written waiver of notice by making a copy of the judgment or order
that has been stamped ENTERED and mail or hand-deliver it to the
party or attorney. CR 77.04(1), RCr 12.06(1) and (3).
4. Document the manner of service (mail or personal delivery) and date of
the service on the document screen. CR 77.04(2) RCr 12.06(2).
Quick Reference
Enter, date, initial
Enter
judgment/order on
document screen
Document date and
manner of service
on document
screen
Provenance
- Source
- www.kycourts.gov
- Retrieved
- 2026-09-30
- Edition
- 2026-09-30
- Content hash
c243b0113bc035adf18153fd3cf33e44023112ead3f4de17a69739dbc136e719
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