Regulation detail

KRS 222.434

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KRS 222.434 active

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

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

This Kentucky statute authorizes a court to order emergency involuntary hospitalization for up to 72 hours for a person with a substance use disorder who presents an imminent danger to self, family, or others, following examination and certification by a qualified health professional. The person must be released within 72 hours of admission, and may not be held in jail pending transport unless previously found in contempt of court. Facility operators receiving such court-ordered admissions must comply with the 72-hour release requirement and applicable intake procedures.

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Regulation text
222.434 Seventy-two-hour emergency involuntary treatment. 
(1) Following an examination by a qualified health professional and a certification by 
that professional that the person meets the criteria specified in KRS 222.431, the 
court may order the person hospitalized for a period not to exceed seventy -two (72) 
hours if the court finds, by clear and convincing evidence, that the respondent 
presents an imminent threat of danger to self, family, or others as a result of a 
substance use disorder. 
(2) Any person who has been admitted to a hospital under subsection (1) of t his section 
shall be released from the hospital within seventy-two (72) hours of admittance. 
(3) No respondent ordered hospitalized under this section shall be held in jail pending 
transportation to the hospital or evaluation unless the court has previousl y found the 
respondent to be in contempt of court for either failure to undergo treatment or 
failure to appear at the evaluation ordered pursuant to KRS 222.433. 
Effective: June 27, 2019 
History: Amended 2019 Ky. Acts ch. 128, sec. 21, effective June 27, 2 019. -- Created 
2004 Ky. Acts ch. 116, sec. 5, effective July 13, 2004.