Regulation detail

KRS 222.432

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KRS 222.432 active

SUD Treatment and Recovery (Casey's Law involuntary treatment)

Jurisdiction: KY Agency: Kentucky Legislative Research Commission
Plain-English summary

This Kentucky statute establishes the petition process for involuntary substance use disorder treatment under Casey's Law, allowing a spouse, relative, friend, or guardian to file a verified petition in District Court for 60-day or 360-day involuntary treatment of an individual with SUD. The petition must include identifying information about the respondent, the petitioner's relationship, and a factual basis for believing the respondent poses a danger to self or others if untreated. The petitioner must also sign a financial guarantee obligating them to cover the costs of any court-ordered treatment. This regulation governs the legal initiation process rather than the licensing or operating standards of any specific treatment facility type.

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Regulation text
222.432 Petition for 60 -day and 360 -day involuntary treatment -- Contents -- 
Guarantee for costs. 
(1) Proceedings for sixty (60) days or three hundred sixty (360) days of treatment for an 
individual suffering from substance use disorder shall be initia ted by the filing of a 
verified petition in District Court. 
(2) The petition and all subsequent court documents shall be entitled: "In the interest of 
(name of respondent)." 
(3) The petition shall be filed by a spouse, relative, friend, or guardian of the individual 
concerning whom the petition is filed. 
(4) The petition shall set forth: 
(a) Petitioner's relationship to the respondent; 
(b) Respondent's name, residence, and current location, if known; 
(c) The name and residence of respondent's parents, if li ving and if known, or 
respondent's legal guardian, if any and if known; 
(d) The name and residence of respondent's husband or wife, if any and if known; 
(e) The name and residence of the person having custody of the respondent, if 
any, or if no such person is known, the name and residence of a near relative 
or that the person is unknown; and 
(f) Petitioner's belief, including the factual basis therefor, that the respondent is 
suffering from an alcohol and other drug abuse disorder and presents a danger 
or t hreat of danger to self, family, or others if not treated for substance use 
disorder. 
 Any petition filed pursuant to this subsection shall be accompanied by a guarantee, 
signed by the petitioner or other person authorized under subsection (3) of this 
section, obligating that person to pay all costs for treatment of the respondent for 
substance use disorder that is ordered by the court. 
Effective: June 27, 2019 
History: Amended 2019 Ky. Acts ch. 128, sec. 19, effective June 27, 2019. -- Created 
2004 Ky. Acts ch. 116, sec. 3, effective July 13, 2004.