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MENTAL HEALTH ACT

KRS tit. LI, ch. 645
in effect

KRS 645.010 Title of chapter

645.010. Title of chapter This chapter may be cited as the Mental Health Act of The Unified Juvenile Code. Effective: July 1, 1987 History: Created 1986 Ky. Acts ch. 423, sec. 146, effective July 1, 1987. Legislative Research Commission Note. Acts 1986, ch. 423, § 199 read: "KRS 446.250 to 446.320 to the contrary notwithstanding, Acts 1986, ch. 423 shall prevail in the event of a conflict between Acts 1986, ch. 423 and other Acts passed by the 1986 regular session of the General Assembly."

KRS 645.020 Definitions for chapter

645.020. Definitions for chapter The definitions in KRS Chapter 600 shall apply to this chapter. In addition, unless the context requires otherwise: (1) "Convalescent leave" means an authorized release not to exceed ninety (90) days of a child admitted to a hospital under this chapter; (2) "Danger to self or others" means that it is shown by substantial proof that in the near future the child may attempt suicide or may cause substantial physical harm or threat of substantial physical harm to self or others, as evidenced by recent threats or overt acts, including acts by which the child deprives self or others of the basic means of survival, including reasonable shelter, food or clothing. In determining whether a child presents a danger to self, factors to be considered shall include, but shall not be limited to, an established pattern of past dangerous behavior; (3) "Hospital" means a licensed private or public institution, health care facility, or part thereof, approved by the cabinet to treat children who are mentally ill; (4) "Least restrictive alternative" means the treatment and conditions of treatment for a child which, separately and in combination: (a) Are no more harsh, hazardous or intrusive than necessary to achieve acceptable treatment objectives for the child; and (b) Involve no inpatient care restrictions on physical movement except as reasonably necessary for the administration of treatment or for the protection of the child or others from physical injury. In determining the least restrictive alternative, factors to be considered shall include, but not be limited to, the likelihood, based on the child's prior outpatient treatment, that the child will benefit from outpatient treatment; (5) "Mental health facility" means a residential or nonresidential service providing children psychological or psychiatric treatment for emotional, mental, or behavioral problems; (6) "Mental health group home" means a community-based facility established to serve not less than four (4) nor more than eight (8) mentally ill children with a treatment program developed and supervised by a qualified mental health professional. Mental health group homes shall not be adjacent to or part of a residential treatment facility or a hospital; (7) "Mental health professional" means: (a) A physician licensed under the laws of Kentucky to practice medicine or osteopathy, or a medical officer of the government of the United States while engaged in conducting mental health services; (b) A psychiatrist licensed under the laws of Kentucky to practice medicine or osteopathy, or a medical officer of the government of the United States engaged in conducting mental health services; (c) A psychologist, a psychological practitioner, a certified psychologist, or a psychological associate, licensed under the provisions of KRS Chapter 319; (d) A registered nurse licensed under the provisions of KRS Chapter 314 engaged in providing mental health services; (e) A licensed clinical social worker licensed under the provisions of KRS 335.100, or a certified social worker licensed under the provisions of KRS 335.080 engaged in providing mental health services; (f) A marriage and family therapist licensed under the provisions of KRS 335.300 to 335.399 engaged in providing mental health services; (g) A professional counselor credentialed under the provisions of KRS Chapter 335.500 to 335.599 engaged in providing mental health services; (h) An art therapist certified under KRS 309.130 engaged in providing mental health services; or (i) A pastoral counselor licensed under the provisions of KRS 335.600 to 335.699 engaged in providing mental health services; and (8) "Mentally ill child" means that considering the child's age and development, the child has a substantially impaired capacity to use self-control, judgment or discretion in the conduct of the child's affairs and social relations, the child's behavior is maladaptive or the child exhibits recognized emotional symptoms which can be related to physiological, psychological or social factors. Effective: July 15, 2014 History: Amended 2014 Ky. Acts ch. 64, sec. 14, effective July 15, 2014. -- Amended 2002 Ky. Acts ch. 99, sec. 5, effective March 28, 2002. -- Amended 1994 Ky. Acts ch. 498, sec. 16, effective July 15, 1994. -- Amended 1988 Ky. Acts ch. 350, sec. 109, effective April 10, 1988. -- Created 1986 Ky. Acts ch. 423, sec. 147, effective July 1, 1987.

KRS 645.030 Voluntary admission to hospital -- Transport from originating hospital to receiving hospital or psychiatric facility

645.030. Voluntary admission to hospital -- Transport from originating hospital to receiving hospital or psychiatric facility (1) An authorized staff physician may admit for observation, diagnosis, and treatment at a hospital any child who is mentally ill or has symptoms of mental illness: (a) Upon written application of a parent or other person exercising custodial control or supervision, if the child is under sixteen (16) years of age. At or before the child's admission, the child, parent, or other person shall be informed of his or her rights under KRS 645.230 and 645.240. Any child admitted under this subsection who reaches his or her sixteenth birthday while hospitalized shall consent to his or her continued hospitalization or shall request his or her release. If the child fails to choose, the hospital shall advise the court-designated worker and the parent or other person exercising custodial control or supervision; (b) Upon written application by a child who is at least sixteen (16) years of age and one (1) of his or her parents or a person exercising custodial control or supervision. At or before admission, the child shall be informed of his or her right to give notice of his or her intent to leave under KRS 645.190 and his or her right to consult an attorney or his or her court-designated worker under KRS 645.130. The child may consult an attorney prior to his or her admission; or (c) Upon written application by a child who is at least sixteen (16) years of age. At or before admission, the child shall be informed of his or her rights under KRS 645.190 and his or her parents' rights under KRS 645.220, 645.230 and 645.240. (2) (a) A child who presents or is voluntarily admitted to a hospital with symptoms of mental illness may be transported from an originating hospital to a receiving hospital or psychiatric facility upon the: 1. Order of an authorized staff physician of the originating hospital and an authorized staff physician of a receiving hospital or psychiatric facility; and 2. Submission by the child or the child's parent or other person exercising custodial control or supervision, if the child is under sixteen (16) years of age, of a signed written agreement to be voluntarily transported. (b) 1. If the agreed-upon transport from an originating hospital has been initiated, the child with a signed written agreement to be voluntarily transported under this subsection shall not be physically released upon his or her request or the request of the child's parent or other person exercising custodial control or supervision, if the child is under sixteen (16) years of age, during the transport to the receiving hospital or psychiatric facility. 2. After the child has been received by the receiving hospital or psychiatric facility, the child shall be released upon the child or the child's parent or other person exercising custodial control or supervision, if the child is under sixteen (16) years of age, submitting a signed written release request, unless the child is further detained by court order. Effective: June 29, 2021 History: Amended 2021 Ky. Acts ch. 32, sec. 2, effective June 29, 2021. -- Amended 1988 Ky. Acts ch. 350, sec. 110, effective April 10, 1988. -- Created 1986 Ky. Acts ch. 423, sec. 148, effective July 1, 1987.

KRS 645.035 Rights of hospitalized child

645.035. Rights of hospitalized child (1) A child hospitalized under this chapter shall have the following rights: (a) The right to due process, as defined in KRS 645.170, within the hospital; (b) The right to convalescent leave status if appropriate; (c) The right to be adequately informed as to his individual treatment program; (d) The right to assist in the planning of his treatment program; (e) The right to refuse treatment subject to the provisions of KRS 645.170; (f) The right to maintain and use personal possessions and money; (g) The right to receive visitors subject to the provisions of KRS 645.170; (h) The right to receive payment for work performed on behalf of the hospital; (i) The right to refuse intrusive treatment subject to the provisions of KRS 645.170; (j) The right to be free from unreasonable use of seclusion and restraint subject to the provisions of KRS 645.170; (k) The right to seek relief from participating in his treatment plan; and (l) The right not to be transferred from one (1) facility to another, subject to the provisions of KRS 645.170. (2) A child who is involuntarily hospitalized under this chapter shall have a right to a complete record of the court proceedings without charge for appeal purposes, the right to appeal without bond or filing fee, and the right of habeas corpus. (3) Any child who believes that any right guaranteed by this chapter has been violated shall have the right to contact the court-designated worker in the county where the hospital is located to communicate with the worker and the court. Effective: April 10, 1988 History: Created 1988 Ky. Acts ch. 350, sec. 111, effective April 10, 1988.

KRS 645.040 Certification petition

645.040. Certification petition A parent or other person exercising custodial control or supervision of a child, including a hospital or the state or any interested person, may seek to hospitalize a child who is mentally ill or has symptoms of mental illness by filing a petition for certification with the court. Effective: April 10, 1988 History: Amended 1988 Ky. Acts ch. 350, sec. 112, effective April 10, 1988. -- Created 1986 Ky. Acts ch. 423, sec. 149, effective July 1, 1987.

KRS 645.050 Contents of certification petition

645.050. Contents of certification petition The petition for certification and all subsequent court documents shall be entitled "In the interest of ..., a child." The petition for certification shall state: (1) The petitioner's relationship to the child; (2) The child's name, age, address and present location; (3) The name and address of the child's parents or legal guardian or other person exercising custodial control or supervision; (4) The name and address of the person having custody of the child; (5) The name and address of the child's spouse, if any; (6) The petitioner's belief, including its factual basis, that the child is mentally ill and is dangerous to himself or others; and (7) The petitioner's belief, including its factual basis, that the child can benefit from treatment available only at a hospital and that no less restrictive alternative is available which will be effective in treating the child. Effective: July 1, 1987 History: Created 1986 Ky. Acts ch. 423, sec. 150, effective July 1, 1987.

KRS 645.060 Procedures upon filing petition -- Appointment of counsel

645.060. Procedures upon filing petition -- Appointment of counsel (1) Upon receipt of a petition for certification, the court shall appoint counsel from the Department of Public Advocacy to represent the child at every stage of the proceedings. (2) Within seven (7) days, exclusive of weekends and holidays, of the filing of a petition, counsel shall advise the court in writing whether the child wishes to contest the petition: (a) If the child does not wish to contest the petition, the court may order the child hospitalized for a period not to exceed sixty (60) days; and (b) If the child wishes to contest the petition, a certification hearing shall be held within seven (7) days, exclusive of weekends and holidays, of the filing of the child's wishes. Pending the certification hearing, the child's placement shall remain unchanged unless the court finds a change would promote the best interest of the child. (3) The court may order the parents to pay for the child's counsel. Effective: April 10, 1988 History: Amended 1988 Ky. Acts ch. 350, sec. 113, effective April 10, 1988. -- Created 1986 Ky. Acts ch. 423, sec. 151, effective July 1, 1987.

KRS 645.070 Hearing procedure

645.070. Hearing procedure (1) All hearings under this chapter shall be conducted in accordance with the Kentucky Rules of Criminal Procedure unless otherwise provided. (2) Hearings under this chapter may be conducted in an informal manner, consistent with orderly procedures, and in a physical setting not likely to have a harmful effect on the child's physical or mental health. Hearings may be held in chambers, the hospital, or any other suitable place. (3) The child shall have the right to be present at any hearing under this chapter unless: (a) He and his counsel have waived this right; or (b) On motion of any interested party, the court determines the child's presence at all or part of the hearing is likely to have a harmful effect on the child's physical or mental health. (4) The child and his counsel shall have the right to cross-examine witnesses and to present testimony and evidence in opposition to certification, including the testimony of a qualified mental health professional. (5) The child's parents shall have a right to participate in the hearing. (6) The court may, on its own motion, subpoena and question relevant witnesses. Effective: April 10, 1988 History: Amended 1988 Ky. Acts ch. 350, sec. 114, effective April 10, 1988. -- Created 1986 Ky. Acts ch. 423, sec. 152, effective July 1, 1987.

KRS 645.080 Use of child's disclosures

645.080. Use of child's disclosures (1) Disclosures made by a child during observation, diagnosis, or treatment shall be admissible during the certification hearing under this chapter. (2) No disclosure made by the child under this chapter shall be admissible in any public offense actions or criminal proceedings unless the child introduces evidence concerning his mental condition at such a proceeding. Effective: April 10, 1988 History: Amended 1988 Ky. Acts ch. 350, sec. 115, effective April 10, 1988. -- Created 1986 Ky. Acts ch. 423, sec. 153, effective July 1, 1987.

KRS 645.090 Criteria for hospitalization

645.090. Criteria for hospitalization The burden of proof at the certification and recertification hearings under this chapter shall be on the petitioner to show, by clear and convincing evidence, that: (1) The child is mentally ill or has symptoms of mental illness; (2) The child is dangerous to himself or others; (3) The child can benefit from treatment available only at a hospital; and (4) No less restrictive alternative is available which will be effective in treating the child. Effective: July 1, 1987 History: Created 1986 Ky. Acts ch. 423, sec. 154, effective July 1, 1987.

KRS 645.100 Order after hearing

645.100. Order after hearing (1) Within three (3) days, exclusive of weekends and holidays, of the conclusion of the certification hearing, the court shall enter an order denying or granting the petition and shall state in writing the factual findings regarding criteria specified in KRS 645.090. (2) If the petition is denied, the court may release the child or may enter an emergency custody order for purposes of proceedings under other provisions of KRS Chapters 600 to 645 to secure proper care for the child. (3) If the petition is granted, the court shall authorize the child's hospitalization for a period of no more than sixty (60) days. The court shall order the person who is to transport the child to the hospital to deliver to the hospital copies of orders and all relevant information concerning the child's involuntary hospitalization. If the child is already hospitalized, the court shall otherwise arrange for the prompt transmittal of orders and all relevant information to the hospital. Effective: April 10, 1988 History: Amended 1988 Ky. Acts ch. 350, sec. 116, effective April 10, 1988. -- Created 1986 Ky. Acts ch. 423, sec. 155, effective July 1, 1987.

KRS 645.105 Certification -- Forms -- Fees

645.105. Certification -- Forms -- Fees (1) The certification referred to in this chapter shall be in the form prescribed by the department. The certification shall state that the child has been examined by each of the qualified mental health professionals making the certification within twenty-four (24) hours, excluding weekends and holidays, of the date of their certification. It shall state the facts and circumstances upon which the judgment of the qualified mental health professional is based and shall be sworn to before a notary or the clerk or judge of the court. (2) The qualified mental health professional shall be entitled to a fee for examination and certification, to be paid by the county in which the petition is filed, upon a certified copy of an order of allowance made by the court holding the hearing. Effective: April 10, 1988 History: Created 1988 Ky. Acts ch. 350, sec. 120, effective April 10, 1988.

KRS 645.110 Recertification procedure

645.110. Recertification procedure (1) If the petitioner or other interested person desires to continue a child's hospitalization beyond the initial sixty (60) days, he shall file a petition for recertification before the original sixty (60) days expire. The procedures and rights specified in KRS 645.050 to 645.100 apply to recertification petitions and hearings except as otherwise specified in this section. (2) The court may deny the petition or may authorize a continuation of the child's hospitalization for a period of no more than one hundred eighty (180) days. (3) If the child has been represented previously, the same attorney shall continue to represent him at the recertification hearing unless the court determines otherwise for good cause. (4) The child shall be brought to the court for the initial and subsequent recertification hearings unless the court determines the child's presence at all or part of the hearing is likely to have a harmful effect on the child's physical or mental health. (5) In evaluating the criteria specified in KRS 645.090 at a recertification hearing, the court shall consider the child's prior treatment, the ability of the hospital to provide appropriate treatment, and the likelihood of future improvement through treatment. Effective: April 10, 1988 History: Amended 1988 Ky. Acts ch. 350, sec. 117, effective April 10, 1988. -- Created 1986 Ky. Acts ch. 423, sec. 156, effective July 1, 1987.

KRS 645.120 Emergency hospitalization

645.120. Emergency hospitalization (1) If, as a result of mental illness, a child appears in need of immediate hospitalization for observation, diagnosis, or treatment, a peace officer or any interested person may either take the child to a hospital, mental health facility, or another less restrictive alternative or file a petition for emergency hospitalization. Upon filing a petition, a peace officer may place a child up to twenty-four (24) hours, excluding weekends and holidays, in a hospital or mental health facility or another less restrictive alternative. The peace officer shall notify the court designated worker of the child's placement. Within twelve (12) hours, the peace officer shall, if no other party can be found, file a petition, unless the child has been taken to a hospital. No child held under this section shall be held in a secure juvenile detention facility unless a status offense action or public offense action is also pending. (2) On the basis of a prompt examination and any other available information concerning a child who is present at or presented at a hospital, an authorized staff physician shall determine within twenty-four (24) hours if the child needs immediate hospitalization after which the child shall be released within seventy-two (72) hours unless the child is held pursuant to other provisions of this chapter. (a) The hospital may accept physical custody of the child and may request the person who brought the child to remain on the premises until the authorized staff physician makes a determination; (b) If the authorized staff physician determines that the child, as a result of mental illness, appears to need immediate hospitalization, the physician shall admit the child for observation, diagnosis, and treatment, and shall, if he deems it appropriate, file a certification petition. If the proponent of emergency hospitalization is not the child's legal custodian, the hospital shall immediately notify the child's parent or other person exercising custodial control or supervision including, if applicable, the state; and (c) If the authorized staff physician determines the child does not need immediate hospitalization, the physician shall release the child to a parent, person exercising custodial control or supervision, or an agency having custody of the child and make whatever recommendations or referrals the physician deems appropriate. (3) The petition for emergency hospitalization shall state the petitioner's belief, including its factual basis, that the child, as a result of mental illness, needs immediate hospitalization for observation, diagnosis, and treatment. Within twenty- four (24) hours of the filing, exclusive of weekends and holidays, the court shall on an ex parte basis, which may be by telephone: (a) Deny the petition; or (b) Issue an order authorizing a peace officer to transport the child to a designated hospital or mental health facility for evaluation for emergency hospitalization, at which time two (2) qualified mental health professionals, at least one (1) of whom is an authorized staff physician, shall follow the procedures specified in subsection (2) of this section. If the child is committed to the cabinet or will be treated by the cabinet, the court shall notify the cabinet of its order at once and shall also advise the cabinet of the sex and condition of the child who is to be transported. The peace officer may, upon agreement of a person authorized by the peace officer, authorize the cabinet, a private agency on contract with the cabinet, or an ambulance service designated by the cabinet to transport the child to a hospital or mental health facility. The cabinet shall pay the transportation costs of the child and the official transporting the child, both to and from the designated hospital or mental health facility, in accordance with an administrative regulation promulgated under KRS Chapter 13A. If, after evaluation, the qualified mental health professional finds that the child does not meet the criteria for involuntary hospitalization, the child shall be released immediately and transported back to the child's home county by an appropriate means of transportation. (4) An emergency hospitalization of a child may not exceed seven (7) days, exclusive of weekends and holidays, unless a certification petition is filed before the seven (7) days expire. Effective: July 1, 2015 History: Amended 2014 Ky. Acts ch. 132, sec. 52, effective July 1, 2015. -- Amended 1994 Ky. Acts ch. 498, sec. 17, effective July 15, 1994. --Amended 1988 Ky. Acts ch. 350, sec. 118, effective April 10, 1988. -- Created 1986 Ky. Acts ch. 423, sec. 157, effective July 1, 1987.

KRS 645.130 Rights and duties of court-designated workers

645.130. Rights and duties of court-designated workers (1) The Administrative Office of the Courts shall assign a court-designated worker, as described in KRS Chapters 600 and 605, to maintain contact with and perform other specific functions on behalf of each child involuntarily hospitalized under this chapter. (2) Under no circumstances shall a child who is involuntarily hospitalized under this chapter be denied the opportunity to consult an attorney or a court-designated worker. The child also has a right to initiate or receive communications from his parents or others, unless the treating physician concludes such communication would be seriously detrimental to the child's condition or treatment, so indicates in the medical record, and notifies the parent or other person exercising custodial control or supervision. (3) During involuntary hospitalizations, the court-designated worker shall have access to the child but shall not have access to the child's records except by court order. The court-designated worker may recommend that the court review the child's records. Effective: July 1, 1987 History: Created 1986 Ky. Acts ch. 423, sec. 158, effective July 1, 1987.

KRS 645.140 Jurisdictional matters

645.140. Jurisdictional matters (1) The District Court may continue its jurisdiction over a hospitalized child for six (6) months beyond a child's eighteenth birthday for purposes of continuity of treatment. At the conclusion of the six (6) months, the cabinet may initiate proceedings under KRS Chapter 202A. (2) A finding of jurisdiction under this section shall not necessarily preclude a finding of jurisdiction under KRS Chapter 620, 625, 630, or 635; however, jurisdiction under this section shall take precedence. No child shall be released from the jurisdiction of the court under this chapter if concurrent complaints under KRS Chapter 620, 625, 630, or 635 are pending. (3) No child who has been certified to Circuit Court pursuant to KRS Chapter 640 shall be eligible for hospitalization under this chapter. Petitions for treatment of such youthful offenders shall be initiated under KRS Chapter 202A or 504. Effective: July 1, 1987 History: Created 1986 Ky. Acts ch. 423, sec. 159, effective July 1, 1987.

KRS 645.150 Prerequisite for involuntary hospitalization -- Discharge of voluntary patient -- Notice of discharge required

645.150. Prerequisite for involuntary hospitalization -- Discharge of voluntary patient -- Notice of discharge required (1) A child hospitalized under this chapter shall receive necessary and appropriate treatment. (2) Except as provided for in KRS 645.120, no child shall be hospitalized involuntarily unless in the opinion of two (2) qualified mental health professionals, at least one (1) of whom is a physician, he meets the criteria set out in KRS 645.090. (3) An authorized staff physician shall discharge any voluntary patient who is no longer mentally ill to a parent, guardian or person exercising custodial control or supervision, or to an appropriate adult or agency having custody. (4) A hospital which discharges a child for any reason shall notify in writing the court which originally certified hospitalization, explaining the circumstances under which the child was discharged, as soon as practicable. Effective: April 10, 1988 History: Amended 1988 Ky. Acts ch. 350, sec. 119, effective April 10, 1988. -- Created 1986 Ky. Acts ch. 423, sec. 160, effective July 1, 1987.

KRS 645.160 Repealed, 1988

645.160. Repealed, 1988 Catchline at repeal: Rights of hospitalized child. History: Repealed 1988 Ky. Acts ch. 350, sec. 143, effective April 10, 1988. --Created 1986 Ky. Acts ch. 423, sec. 161, effective July 1, 1987.

KRS 645.170 Hospital review committee -- Review of patient's individual treatment plan

645.170. Hospital review committee -- Review of patient's individual treatment plan (1) Every hospital which treats children under this chapter shall have a review committee of three (3) qualified mental health professionals appointed by the hospital director. The review committee shall have the authority to review the appropriateness of a patient's individual treatment plan. (2) Upon the written refusal of an involuntary patient to participate in any or all aspects of his treatment plan, the review committee shall examine the appropriateness of the patient's individual treatment plan. After a patient refuses to participate in his treatment plan and until his disagreement with the plan has been resolved, the hospital may administer only that treatment which the treating physician determines is necessary to protect the patient from harming himself or others. Within three (3) days, exclusive of weekends and holidays, of the refusal, the review committee shall meet with the patient and his counsel or court-designated worker to discuss their recommendations. (3) If the patient still refuses to participate in any or all aspects of his individual treatment plan, the hospital may petition the District Court for a de novo determination of the appropriateness of the proposed treatment. Within seven (7) days of the filing of the hospital's petition, excluding weekends and holidays, the court shall conduct a hearing, consistent with the patient's right to due process of law, and shall consider all factors in reaching its determination, including but not limited to: (a) Whether the treatment is necessary to protect other patients or the patient himself from harm; (b) Whether the patient is incapable of giving informed consent to the proposed treatment; (c) Whether any less restrictive alternative treatment is available; (d) Whether the proposed treatment carries any risk of permanent side effects; and (e) Whether the proposed treatment is likely to improve the patient's condition. (4) Upon the completion of the hearing, the court shall, considering the proof and from a preponderance of the evidence finding that the factors listed in subsection (3) of this section have been established, enter an appropriate judgment, enumerating the factors found to exist, which judgment shall be considered final for purposes of appeal. No court shall consent to psychosurgery or electroshock therapy nor shall it order such treatment. If the court denies the hospital the right to administer the treatment in question, the hospital may discharge the child. Effective: April 10, 1988 History: Amended 1988 Ky. Acts ch. 350, sec. 121, effective April 10, 1988. -- Created 1986 Ky. Acts ch. 423, sec. 162, effective July 1, 1987.

KRS 645.180 Convalescent leave for involuntary patient -- Rehospitalization

645.180. Convalescent leave for involuntary patient -- Rehospitalization (1) Upon notice to the court, an authorized staff physician may release an involuntary patient on convalescent leave not to exceed ninety (90) days. The physician may authorize convalescent leave only if he concludes that the patient would not present a danger or a threat of danger to himself or others during such a leave. Release on convalescent leave shall terminate the involuntary hospitalization order and shall include provisions for a jointly developed treatment plan by the hospital and by the provider of outpatient care who will provide follow-up care and the continual monitoring of the patient's condition by the provider. (2) If there is reason to believe that the patient meets the criteria for involuntary hospitalization, the cabinet, an authorized staff physician of the hospital or other interested person may file a petition for certification or may proceed with an emergency hospitalization under KRS 645.120. (3) At the conclusion of a convalescent leave, the child may be readmitted to the hospital voluntarily, the child may be discharged or, if appropriate, the cabinet, an authorized staff physician, or other interested person may file a petition for certification or may proceed with an emergency hospitalization under KRS 645.120. Effective: April 10, 1988 History: Amended 1988 Ky. Acts ch. 350, sec. 122, effective April 10, 1988. -- Created 1986 Ky. Acts ch. 423, sec. 163, effective July 1, 1987.

KRS 645.190 Child's right to file notice of intent to leave

645.190. Child's right to file notice of intent to leave (1) Any child who was admitted pursuant to KRS 645.030(1)(b) or (c) may give notice of intent to leave at any time. The notice need not follow any specific form so long as it is written and the intent of the child can be discerned. The notice may be written by the child, a court-designated worker, or any other adult having an interest in the welfare of the child, provided that it reflects the stated wishes of the child. (2) Staff members receiving the notice shall immediately date it, record its existence on the child's medical chart, and send copies of it to: (a) The child's attorney, if any; (b) The court; and (c) The parents or other person exercising custodial control or supervision of the child. Effective: June 29, 2021 History: Amended 2021 Ky. Acts ch. 32, sec. 3, effective June 29, 2021. -- Created 1986 Ky. Acts ch. 423, sec. 164, effective July 1, 1987.

KRS 645.200 Responsibilities of hospital after receipt of notice of intent to leave

645.200. Responsibilities of hospital after receipt of notice of intent to leave (1) An authorized staff physician of the hospital shall discharge the child from the hospital within five (5) days, exclusive of holidays and weekends, after receipt of a child's notice of intent to leave, unless the hospital, the parent, or other person exercising custodial control or supervision files a notice of contest with the court within the five (5) day period. (2) Copies of the notice of contest shall be delivered by the party originating it to: (a) The child or his attorney; (b) The child's parent or other person exercising custodial control or supervision; and (c) The hospital. (3) The proponent of continued hospitalization shall file a petition for certification with his notice of contest. Effective: July 1, 1987 History: Created 1986 Ky. Acts ch. 423, sec. 165, effective July 1, 1987.

KRS 645.210 Contesting of intent to leave

645.210. Contesting of intent to leave (1) After a notice of contest has been received, the hospital may continue the hospitalization on an involuntary basis until a hearing has been held and the court orders otherwise. In no case may the child be held more than fifteen (15) days beyond the filing of the notice of contest, unless a certification hearing has been held within seven (7) days of the filing of the notice of contest. (2) A hearing to determine the necessity for continued hospitalization shall be held within seven (7) days of the court's receipt of the notice of the contest. If the court concludes that the child does not meet the criteria set out in KRS 645.090, the court may order the child discharged or may enter an emergency custody order for purposes of proceeding under other provisions of KRS Chapter 600 to 645 to secure proper care for the child. The cabinet may place the child in a clinical treatment facility, mental health group home or mental health care program. Effective: April 10, 1988 History: Amended 1988 Ky. Acts ch. 350, sec. 123, effective April 10, 1988. -- Created 1986 Ky. Acts ch. 423, sec. 166, effective July 1, 1987.

KRS 645.220 Notice requirements

645.220. Notice requirements (1) If a child who is at least sixteen (16) years of age is voluntarily admitted to a hospital under this chapter, the hospital shall give notice within twenty-four (24) hours to the child's parents or other person exercising custodial control or supervision, including the state, if applicable. (2) Notices under this section shall advise the recipient of the following: (a) The name, address, telephone number and name of the hospital's administrator; (b) The hospital's policies concerning visitation and other communications; (c) The right of the parent or other person exercising custodial control or supervision to participate in the child's treatment; and (d) The right of the parent or other person exercising custodial control or supervision to participate in any proceedings under this chapter, including the right to seek discharge of the child under KRS 645.230. (3) When a petition for certification or for emergency hospitalization is filed, the court shall immediately notify the child's parents or other person exercising custodial control or supervision, including the state, if applicable. (4) Notices under this section shall be in the form most likely to reach the intended person. Effective: April 10, 1988 History: Amended 1988 Ky. Acts ch. 350, sec. 124, effective April 10, 1988. -- Created 1986 Ky. Acts ch. 423, sec. 167, effective July 1, 1987.

KRS 645.230 Rights of child, parent

645.230. Rights of child, parent (1) The child, parent or other person exercising custodial control or supervision of a child hospitalized under this chapter shall be entitled to confer at regular intervals with the treating or admitting physician or a member of the child's treatment team concerning the child's condition, treatment, or diagnosis. The hospital or other proponent of certification may request that the parent or other person exercising custodial control or supervision of a child be available for consultation and cooperation in connection with the treatment process and may seek a court order to require such cooperation. (2) A parent or other person exercising custodial control or supervision of a child who has been hospitalized pursuant to KRS 645.030 may at any time file a notice to withdraw the child from the hospital. Upon receipt of such notice, the hospital may discharge the child immediately to the custody of his parent or other person exercising custodial control or supervision, or if in the opinion of the treating physician release would be seriously detrimental to the child's health, the physician shall: (a) Discharge the child to the custody of his parent or other person exercising custodial control or supervision against medical advice, after advising them against discharge and seeking their written acknowledgment that they have been so advised; or (b) Refuse to discharge the child for a period of no more than seventy-two (72) hours, exclusive of weekends and holidays, after receipt of the notice to withdraw, provided that the hospital or the physician files a petition for certification within the three (3) days, exclusive of weekends and holidays, in which case the hospital may hold the child until the court's ruling following the certification hearing. Effective: April 10, 1988 History: Amended 1988 Ky. Acts ch. 350, sec. 125, effective April 10, 1988. -- Created 1986 Ky. Acts ch. 423, sec. 168, effective July 1, 1987.

KRS 645.240 Procedures when child objects to being discharged

645.240. Procedures when child objects to being discharged (1) A child admitted to a hospital pursuant to KRS 645.030 may object to a discharge requested by his parent or other person exercising custodial control or supervision by stating in writing his objection and his desire to remain as a patient. (2) If the hospital desires to continue observation, diagnosis, or treatment of the child, it shall notify the parent or other person exercising custodial control or supervision within three (3) days, exclusive of weekends and holidays, and may continue to treat the child. The hospital shall also notify the parent or the person of his right to file with the court a petition to discharge, stating the basis for the parent or other person's belief that the child no longer meets the criteria set out in KRS 645.090. (3) Upon the filing of a petition to discharge, the procedures for certification hearings shall apply except that the parent or other person exercising custodial control or supervision shall have the burden to demonstrate that the criteria for hospitalization are not met. Effective: April 10, 1988 History: Amended 1988 Ky. Acts ch. 350, sec. 126, effective April 10, 1988. -- Created 1986 Ky. Acts ch. 423, sec. 169, effective July 1, 1987.

KRS 645.250 Authority to promulgate administrative regulations

645.250. Authority to promulgate administrative regulations (1) The cabinet may promulgate administrative regulations to implement the provisions of this chapter. (2) The Department of Juvenile Justice may promulgate administrative regulations to implement the provisions of this chapter. (3) The cabinet shall promulgate administrative regulations to insure that necessary and appropriate treatment is provided to children hospitalized under this chapter, including the establishment of: (a) Reasonable time periods in which an individualized written treatment plan shall be developed, reviewed, and revised in accordance with each child's needs and progress; and (b) Procedures so that a hospitalized child, his parent or other person exercising custodial control or supervision, including the state if applicable, can obtain an independent medical review of the appropriateness of decisions made to continue hospitalization or to discharge a child. (4) The cabinet and the department shall not promulgate administrative regulations under this chapter which conflict. Effective: July 15, 1998 History: Amended 1998 Ky. Acts ch. 443, sec. 27, effective July 15, 1998. -- Created 1986 Ky. Acts ch. 423, sec. 170, effective July 1, 1987.

KRS 645.260 Appeals

645.260. Appeals Appeals from the final orders or judgments of the court made and entered in proceedings under this chapter shall be taken in the same manner as other appeals from District to Circuit Court. Effective: April 10, 1988 History: Created 1988 Ky. Acts ch. 350, sec. 127, effective April 10, 1988.

KRS 645.270 Duty of mental health professional to warn intended victim of patient's threat of violence

645.270. Duty of mental health professional to warn intended victim of patient's threat of violence (1) No monetary liability and no cause of action shall arise against any mental health professional or person serving in a counselor role for failing to predict, warn or take precautions to provide protection from a patient's violent behavior, unless the patient has communicated to the mental health professional or person serving in a counselor role an actual threat of physical violence against a clearly identified or reasonably identified victim, or unless the patient has communicated to the mental health professional or other person serving in a counselor role an actual threat of some specific violent act. (2) The duty to warn or to take reasonable precautions to provide protection from violent behavior arises only under limited circumstances specified in subsection (1) of this section. The duty to warn a clearly or reasonably identifiable victim shall be discharged by the mental health professional or person serving in a counselor role if reasonable efforts are made to communicate the threat to the victim and to notify the law enforcement office closest to the patient's and the victim's residence of the threat of violence. If the patient has communicated to the mental health professional or person serving in a counselor role an actual threat of some specific violent act and no particular victim is identifiable, the duty to warn has been discharged if reasonable efforts are made to communicate the threat to law enforcement authorities. The duty to take reasonable precautions to provide protection from violent behavior shall be satisfied if reasonable efforts are made to seek civil commitment of the child under KRS Chapter 645. (3) No monetary liability and no cause of action shall arise against any mental health professional or person serving in a counselor role for confidences disclosed to third parties in an effort to discharge a duty arising under this section. Effective: March 28, 2002 History: Amended 2002 Ky. Acts ch. 99, sec. 6, effective March 28, 2002. -- Created 1988 Ky. Acts ch. 350, sec. 128, effective April 10, 1988.

KRS 645.280 Place where child to be held

645.280. Place where child to be held (1) No child held under the provisions of this chapter shall be held in a secure juvenile detention facility unless a status offense action or public offense action is also pending. No peace officer or any other person shall bring a status offense action or a public offense action against a child who is mentally ill and in need of hospitalization pursuant to this chapter solely or primarily for the purpose of avoiding transporting the child to a hospital, mental health facility, or other less restrictive alternative. (2) If, after evaluation, the qualified mental health professional finds that the child does not meet the criteria for involuntary hospitalization and the peace officer has reason to believe that the child has committed a status offense or public offense, the peace officer may proceed in accordance with KRS 610.190 to 610.290. Effective: July 15, 2014 History: Amended 2014 Ky. Acts ch. 132, sec. 53, effective July 15, 2014. -- Created 1994 Ky. Acts ch. 498, sec. 18, effective July 15, 1994.

KRS 645.990 Penalty

645.990. Penalty Any person who intentionally causes the unwarranted hospitalization of any individual under this chapter or the denial to any individual of any of the rights accorded to him under this chapter or the administrative regulations issued thereunder shall be guilty of a Class A misdemeanor. Effective: April 10, 1988 History: Amended 1988 Ky. Acts ch. 350, sec. 129, effective April 10, 1988. -- Created 1986 Ky. Acts ch. 423, sec. 171, effective July 1, 1987.
Source: Kentucky Legislative Research Commission (legislature.ky.gov)URL: https://apps.legislature.ky.gov/law/statutes/chapter.aspx?id=39435Fetched: 10/20/2026

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