This statute establishes the legal criteria that must be met before a person with a mental illness may be involuntarily hospitalized in Kentucky. Specifically, the individual must present a danger to self or others as a result of the mental illness, be capable of benefiting from treatment, and have no less restrictive treatment alternative available. Facility operators and clinicians initiating involuntary hospitalization must ensure all three criteria are documented and satisfied before admission.
View official source202A.026 Criteria for involuntary hospitalization. A person shall not be involuntarily hospitalized unless the person is an individual with a mental illness: (1) Who presents a danger or threat of danger to self, family or others as a result of the mental illness; (2) Who can reasonably benefit from treatment; and (3) For whom hospitalization is the least restrictive alternative mode of treatment presently available. Effective: October 1, 2026 History: Amended 2026 Ky. Acts ch. 92, sec. 34, effective October 1, 2026. -- Created 1982 Ky. Acts ch. 445, sec. 4, effective July 1, 1982. Legislative Research Commission Note . This section was enacted in 1982 Acts, Chapter 445, which contains the following language in Section 45 of that Act: "This Act shall become effective on July 1, 1982." The Ky. Constitution, i n Section 55, requires that a reason be set forth for the emergency. However, no reason is set forth in this Act. The effective date for 1982 Acts with no emergency provision is July 15, 1982.