INVOLUNTARY COMMITMENT PROCEEDINGS

KRS tit. XVII, ch. 202C

in effect

KRS 202C.010 Definitions for chapter

202C.010. Definitions for chapter As used in this chapter, unless the context otherwise requires: (1) "Cabinet" means the Cabinet for Health and Family Services; (2) "Commitment hearing" means the hearing under KRS 202C.040 to determine if a respondent meets the criteria for involuntary commitment under this chapter; (3) "Danger" means substantial physical harm or threat of substantial physical harm upon self or others; (4) "Evidentiary hearing" means the hearing under KRS 202C.030 to determine if the respondent is responsible for the qualifying offense for which he or she was charged by a preponderance of the evidence; (5) "Forensic psychiatric facility" means a mental institution or facility, or part thereof, designated by the secretary for the purpose and function of providing inpatient evaluation, care, and treatment for individuals with an intellectual disability or mental illness who have been charged with or convicted of a felony; (6) "Hospital" means: (a) A state mental hospital or institution or other licensed public or private hospital, institution, health-care facility, or part thereof, approved by the cabinet as equipped to provide full-time residential care and treatment for individuals with an intellectual disability or mental illness; or (b) A hospital, institution, or health-care facility of the government of the United States equipped to provide residential care and treatment for individuals with an intellectual disability or mental illness; (7) "Individual with a mental illness" means a person with substantially impaired capacity to use self-control, judgment, or discretion in the conduct of the person's affairs and social relations, associated with maladaptive behavior or recognized emotional symptoms where impaired capacity, maladaptive behavior, or emotional symptoms can be related to physiological, psychological, or social factors; (8) "Individual with an intellectual disability" means a person with significantly subaverage general intellectual functioning existing concurrently with deficits in adaptive behavior and manifested during the developmental period; (9) "Judge" means the judge who found the respondent incompetent to stand trial in the criminal proceeding from which the petition for involuntary commitment arose; (10) "Less restrictive alternative mode of treatment" means a treatment given outside of a forensic psychiatric facility which would provide a respondent with appropriate treatment or care consistent with accepted professional practice standards and protect the respondent's safety and the safety of others; (11) "Qualified 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 the performance of official duties; (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 while engaged in the practice of official duties, who is certified or eligible to apply for certification by the American Board of Psychiatry and Neurology, Inc.; (c) A psychologist with the health service provider designation, a psychological practitioner, a certified psychologist, or a psychological associate, licensed under the provisions of KRS Chapter 319; (d) A licensed registered nurse with a master's degree in psychiatric nursing from an accredited institution and two (2) years of clinical experience with individuals with a mental illness, or a licensed registered nurse, with a bachelor's degree in nursing from an accredited institution, who is certified as a psychiatric and mental health nurse by the American Nurses Association and who has three (3) years of inpatient or outpatient clinical experience in psychiatric nursing and is currently employed by a hospital or forensic psychiatric facility licensed by the Commonwealth or a psychiatric unit of a general hospital or a private agency or company engaged in the provision of mental health services or a regional community program for mental health and individuals with an intellectual disability; (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 with three (3) years of inpatient or outpatient clinical experience in psychiatric social work and currently employed by a hospital or forensic psychiatric facility licensed by the Commonwealth or a psychiatric unit of a general hospital or a private agency or company engaged in the provision of mental health services or a regional community program for mental health and individuals with an intellectual disability; (f) A marriage and family therapist licensed under the provisions of KRS 335.300 to 335.399 with three (3) years of inpatient or outpatient clinical experience in psychiatric mental health practice and currently employed by a hospital or forensic facility licensed by the Commonwealth, a psychiatric unit of a general hospital, a private agency or company engaged in providing mental health services, or a regional community program for mental health and individuals with an intellectual disability; (g) A professional counselor credentialed under the provisions of KRS Chapter 335.500 to 335.599 with three (3) years of inpatient or outpatient clinical experience in psychiatric mental health practice and currently employed by a hospital or forensic facility licensed by the Commonwealth, a psychiatric unit of a general hospital, a private agency or company engaged in providing mental health services, or a regional community program for mental health and individuals with an intellectual disability; or (h) A physician assistant licensed under KRS 311.840 to 311.862, who meets one (1) of the following requirements: 1. Provides documentation that he or she has completed a psychiatric residency program for physician assistants; 2. Has completed at least one thousand (1,000) hours of clinical experience under a supervising physician, as defined by KRS 311.840, who is a psychiatrist and is certified or eligible for certification by the American Board of Psychiatry and Neurology, Inc.; 3. Holds a master's degree from a physician assistant program accredited by the Accreditation Review Commission on Education for the Physician Assistant or its predecessor or successor agencies, is practicing under a supervising physician as defined by KRS 311.840, and: a. Has two (2) years of clinical experience in the assessment, evaluation, and treatment of mental disorders; or b. Has been employed by a hospital or forensic psychiatric facility licensed by the Commonwealth or a psychiatric unit of a general hospital or a private agency or company engaged in the provision of mental health services or a regional comm unity program for mental health and individuals with an intellectual disability for at least two (2) years; or 4. Holds a bachelor's degree, possesses a current physician assistant certificate issued by the board prior to July 15, 2002, is practicing under a supervising physician as defined by KRS 311.840, and: a. Has three (3) years of clinical experience in the assessment, evaluation, and treatment of mental disorders; or b. Has been employed by a hospital or forensic psychiatric facility licensed by the Commonwealth or a psychiatric unit of a general hospital or a private agency or company engaged in the provision of mental health services or a regional community program for mental health and individuals with an intellectual disability for at least three (3) years; (12) "Qualifying offense" means a capital offense, a Class A felony, a Class B felony resulting in death or serious physical injury, or a violation of KRS 510.040 or 510.070; (13) "Respondent" means a person who was a criminal defendant found in competent to stand trial who is or was the subject of a petition for involuntary commitment filed under KRS Chapter 504; (14) "Review hearing" means any hearing conducted to determine if a respondent continues to meet the criteria for involuntary commitmen t after the initial order for involuntary commitment has been issued under this chapter; and (15) "Secretary" means the secretary of the Cabinet for Health and Family Services. Effective: October 1, 2026 History: Amended 2026 Ky. Acts ch. 92, sec. 26, effective October 1, 2026. -- Created 2021 Ky. Acts ch. 175, sec. 6, effective April 1, 2021.

KRS 202C.020 Petition for involuntary commitment proceeding -- Guardian ad litem -- Duty of Commonwealth's attorney

202C.020. Petition for involuntary commitment proceeding -- Guardian ad litem -- Duty of Commonwealth's attorney (1) When a defendant who is charged with a qualifying offense has been found, after a hearing under KRS Chapter 504, to be incompetent to stand trial with no substantial probability that the defendant will attain competency within three hundred sixty (360) days, the Commonwealth's attorney's office serving the county of criminal prosecution shall immediately petition the Circuit Court that found the defendant incompetent to stand trial or, if the finding was by a District Court, the Circuit Court in the county of the criminal prosecution, for an involuntary commitment proceeding, to include an evidentiary hearing and a commitment hearing, if applicable, under this chapter. (2) (a) Upon the filing of the petition, the court shall assign a guardian ad litem to represent the best interest of the respondent, independent of the respondent's defense attorney. (b) The guardian ad litem shall: 1. Be a full and active participant in all proceedings other than the evidentiary hearing under KRS 202C.030. At the evidentiary hearing, the guardian ad litem's role shall be limited to assisting the respondent with decision-making related to the hearing, inclu ding but not limited to whether to waive the hearing, whether to stipulate to the allegations, and whether to testify. The guardian ad litem shall not act as an attorney advocate at the evidentiary hearing; 2. Independently investigate, assess, and advocat e for the respondent's best interest; 3. Not be a replacement for the respondent's defense attorney; and 4. Be paid an hourly rate not to exceed the maximum hourly rate provided in the Legal Services Duties and Maximum Rate Schedule promulgated by the Government Contract Review Committee established pursuant to KRS 45A.705, to be paid by the Finance and Administration Cabinet. (c) If the respondent has retained or been appointed a defense attorney in the criminal case, that attorney may continue to represent the respondent in proceedings under this chapter. If, at any time during the pendency of proceedings under this chapter, the respondent is not represented by an attorney, the court shall appoint counsel for the respondent, without a showing of indigency, to be provided by the Department of Public Advocacy or its designee. (3) The Circuit Court shall have exclusive jurisdiction ov er all proceedings under this chapter. (4) The Circuit Court in the county of the criminal prosecution shall retain jurisdiction over all proceedings under this chapter until the respondent is discharged. Effective: October 1, 2026 History: Amended 2026 Ky. Acts ch. 92, sec. 27, effective October 1, 2026. -- Created 2021 Ky. Acts ch. 175, sec. 7, effective April 1, 2021.

KRS 202C.030 Evidentiary hearing -- Purposes and procedures -- When subsequent commitment hearing is required -- Evidence submitted by respondent inadmissible in other criminal or civil cases

202C.030. Evidentiary hearing -- Purposes and procedures -- When subsequent commitment hearing is required -- Evidence submitted by respondent inadmissible in other criminal or civil cases (1) An adversarial evidentiary hearing on the record shall be held within forty-five (45) days, excluding weekends and holidays, of the filing of a petition pursuant to KRS 202C.020, unless the court orders a later hearing for good cause shown. Appropriate notice shall be served on all parties. The court shall order the Commonwealth to provide all available discovery to the respondent no later than seven (7) days, excluding weekends and holidays, before the hearing, unless the court orders a later date for good cause shown. Evidence that has not been disclosed through discovery shall not be presented at the hearing. (2) The respondent may stipulate to potential responsibility and waive the hearing. A stipulation of potential responsibility shall not be used against the respondent in any future criminal prosecution or civil litigation. (3) (a) The purpose of the evidentiary hearing shall be to determine whether sufficient evidence exists to support a finding that the respondent is responsible for the charged crime against him or her. (b) The Commonwealth's attorney's office serving the county of criminal prosecution shall have the burden of proving the sufficiency of the evidence by a preponderance of the evidence. (4) The evidentiary hearing shall be held before a judge without a jury. The rules of evidence shall apply. The respondent shall be permitted to present evidence and cross examine witnesses. The respondent may present evidence of affirmative defenses that could be raised at a criminal trial on the charged crime, except for the defense of insanity. The Commonwea lth shall not have the burden of disproving an affirmative defense. The respondent must prove an affirmative defense by a preponderance of the evidence. (5) (a) If the court determines that sufficient evidence has been presented to support a finding that the respondent is responsible for the charged crime against him or her, the court shall immediately schedule a commitment hearing under this chapter to be held within forty-five (45) days, unless the court orders a later hearing for good cause shown, excluding weekends and holidays. (b) 1. The court shall cause the respondent to be examined without unnecessary delay by two (2) qualified mental health professionals, at least one (1) of whom is a physician. The qualified mental health professionals shall, no fewer than seven (7) days, excluding weekends and holidays, prior to the hearing, certify to the court their findings as to whether the respondent meets the criteria for involuntarily commitment under KRS 202C.050. 2. A copy of the findings submitted under subparagraph 1. of this paragraph shall be sent to the Commonwealth, the respondent's attorney of record, the respondent's guardian ad litem, and all other parties of record. (6) If the court determines that insufficient evidence has been presented to support a finding that the respondent is responsible for the charged crime against him or her, the court shall order the immediate release of the respondent. (7) Any evidence or statement submitted by the respondent at the evidentiary hearing shall not be admissible in any criminal prosecution or civil litigation. Effective: October 1, 2026 History: Amended 2026 Ky. Acts ch. 92, sec. 28, effective October 1, 2026. -- Created 2021 Ky. Acts ch. 175, sec. 8, effective April 1, 2021.

KRS 202C.040 Commitment hearing -- Scheduling and procedures -- Participation by Commonwealth's attorney, respondent, and guardian ad litem -- Standard of proof -- Waiver of right to commitment hearing prohibited

202C.040. Commitment hearing -- Scheduling and procedures -- Participation by Commonwealth's attorney, respondent, and guardian ad litem -- Standard of proof -- Waiver of right to commitment hearing prohibited (1) A commitment hearing shall be held within forty-five (45) days, unless the court orders a later hearing for good cause shown, excluding weekends and holidays, after the court finds that the evidence presented in an evidentiary hearing pursuant to KRS 202C.030 supports a finding that the resp ondent is responsible for the charged crime against him or her by a preponderance of the evidence. (2) The commitment hearing 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 mental or physical health of the respondent. The hearing may be held by the court in chambers, at a forensic psychiatric facility, or other suitable place. (3) (a) The Commonwealth's attorney's office serving the county of criminal prosecution which led to the finding that the respondent was incompetent to stand trial shall present evidence regarding whether the respondent meets the criteria for involuntary commitment under KRS 202C.050. (b) The respondent shall be afforded an opportunity to testify, and the respondent's counsel shall conduct the hearing on the respondent's behalf to present evidence and to cross-examine any witnesses. (c) The respondent's guardian ad litem shall participate in the proceeding in a best-interest, friend-of-the-court capacity and may submit independent recommendations to the court or jury, if a jury has been requested, regarding the respondent's best interest. (4) The manner of proceeding and the rules of evidence shall be the same as those in any criminal proceeding. The standard of proof shall be proof beyond a reasonable doubt. Proceedings shall be heard by the judge unless a party or the guardian ad litem requests a jury. (5) The respondent's right to the commitment hearing shall not be waived. Effective: October 1, 2026 History: Amended 2026 Ky. Acts ch. 92, sec. 29, effective October 1, 2026. -- Created 2021 Ky. Acts ch. 175, sec. 9, effective April 1, 2021.

KRS 202C.050 Criteria for involuntary commitment

202C.050. Criteria for involuntary commitment (1) A respondent shall not be involuntarily committed under this chapter unless there is a determination that: (a) The respondent presents, or would present if released, a danger to self or others as a result of his or her mental condition; and (b) A presently available less restrictive alternative mode of treatment would endanger the safety of the respondent or others. (2) When a respondent is involuntarily committed under this chapter, the cabinet shall place that respondent in a forensic psychiatric facility designated by the secretary. Effective: October 1, 2026 History: Amended 2026 Ky. Acts ch. 92, sec. 30, effective October 1, 2026. -- Amended 2024 Ky. Acts ch. 174, sec. 22, effective July 15, 2024. -- Created 2021 Ky. Acts ch. 175, sec. 10, effective April 1, 2021.

KRS 202C.060 Involuntary commitment review hearing -- Conduct of hearing -- Schedule for review hearings -- Participation by qualified mental health professionals, Commonwealth's attorney, respondent, and guardian ad litem -- Waiver of right to commitment hearing prohibited

202C.060. Involuntary commitment review hearing -- Conduct of hearing -- Schedule for review hearings -- Participation by qualified mental health professionals, Commonwealth's attorney, respondent, and guardian ad litem -- Waiver of right to commitment hearing prohibited (1) (a) A review hearing to determine if a respondent involuntarily committed under this chapter should remain in a forensic psychiatric facility shall be conducted by the court that issued the initial order in accordance with subsect ion (2) of this section; and (b) If at any point during the respondent's placement at a forensic psychiatric facility it appears that the respondent no longer meets the criteria for involuntary commitment under KRS 202C.050 because there has been a material change in circumstances or there is new evidence to present, the respondent or the respondent's guardian ad litem may request a review hearing pursuant to this section. (2) The schedule for review hearings shall be as follows: (a) From the initial order of commitment, a review hearing shall be conducted no earlier than ninety (90) days and no later than one hundred twenty (120) days; and (b) After the review hearing under paragraph (a) of this subsection, review hearings shall be conducted not less than once every two (2) years unless a review hearing has been requested under subsection (1)(b) of this section. (3) (a) Prior to each review hearing, the court shall cause the respondent to be examined without unnecessary delay by two (2) qualified mental hea lth professionals, at least one (1) of whom is a physician. The qualified mental health professionals shall, no fewer than seven (7) days prior to the hearing, excluding weekends and holidays, certify to the court their findings as to whether the respondent meets the criteria for involuntarily commitment under KRS 202C.050. (b) 1. In addition to the examinations required under paragraph (a) of this subsection, the respondent shall undergo evaluations of competency at least once every two (2) years to be con ducted at a forensic psychiatric facility. 2. Upon a finding by the forensic psychiatric facility that the respondent's competency has been restored, the forensic psychiatric facility shall provide written notice of restoration to the court, the Commonwealth, the respondent's attorney of record, the respondent's guardian ad litem, and all other parties of record within ten (10) days of the determination of restoration. 3. Upon receipt of the notice of restoration of the respondent's competency, a status conference shall be held within thirty (30) days, unless the court orders a later hearing for good cause shown. (4) A review hearing 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 mental or physical health of the respondent. The hearing may be held by the court in chambers, remotely from a forensic psychiatric facility, or in another suitable place. The respondent shall be present in person or remotely for all review hearings, unless presence is waived by the respondent through counsel. (5) (a) The Commonwealth's attorney's office serving the county of criminal prosecution which led to finding that the respondent was incompetent to stand trial shall present evidence regarding whether the respondent continues to meet the criteria for involuntary commitment under KRS 202C.050. (b) The respondent, through counsel, shall be afforded an opportunity to present evidence, and to cross-examine any witnesses. (c) The respondent's guardian ad litem shall be permitted to participate in the review hearing in a best-interest, friend-of-the-court capacity and may submit independent recommendations to the court regarding the respondent's best interest. (6) The manner of proceeding and the rules of evidence shall be the same as those in any criminal proceeding. The standard of proof shall be proof beyond a reasonable doubt. Proceedings shall be heard by a judge without a jury. (7) The respondent's right to this hearing shall not be waived. (8) At the conclusion of a review hearing, the court shall make written findings of fact concerning whether the criteria for involuntary commitment under KRS 202C.050 continue to be satisfied based upon proof beyond a reasonable doubt. If the court finds that the criteria continue to be satisfied, the court shall enter an order authorizing the continued care and treatment of the respondent at the forensic psychiatric facility. Otherwise, the court shall enter an order requiring the respondent to be discharged. Effective: October 1, 2026 History: Amended 2026 Ky. Acts ch. 92, sec. 31, effective October 1, 2026. -- Created 2021 Ky. Acts ch. 175, sec. 11, effective April 1, 2021.

KRS 202C.070 Exclusion of persons unnecessary to hearings

202C.070. Exclusion of persons unnecessary to hearings In a hearing under KRS 202C.030, 202C.040, and 202C.060, the court may exclude all persons not necessary for the conduct of the hearing. Effective:April 1, 2021 History: Created 2021 Ky. Acts ch. 175, sec. 12, effective April 1, 2021.

KRS 202C.080 Respondent's qualified mental health professional -- Right to be present and participate in any examination of respondent

202C.080. Respondent's qualified mental health professional -- Right to be present and participate in any examination of respondent A qualified mental health professional retained by the respondent shall be permitted to witness and participate in any examination of the respondent under this chapter. Effective:April 1, 2021 History: Created 2021 Ky. Acts ch. 175, sec. 13, effective April 1, 2021.

KRS 202C.090 Relevant communications between qualified mental health professionals -- Not privileged

202C.090. Relevant communications between qualified mental health professionals -- Not privileged In proceedings under this chapter, there shall be no privilege as to any relevant communications between qualified mental health professionals. Qualified mental health professionals may disclose communications relating to diagnosis and treatment of the patient's mental condition. Effective:April 1, 2021 History: Created 2021 Ky. Acts ch. 175, sec. 14, effective April 1, 2021.

KRS 202C.100 Confidentiality of records -- Judge may order disclosure of information when appropriate and in best interest of respondent or public

202C.100. Confidentiality of records -- Judge may order disclosure of information when appropriate and in best interest of respondent or public (1) The court records of a respondent made in all proceedings under this chapter are hereby declared to be confidential and shall not be open to the general public for inspection. (2) Any person seeking information contained in the court files or the court records of proceedings involving respondents under this chapter may file a written motion in the case setting out why the information is needed. A Circuit Judge may issue an order to disclose the information sought if he or she finds that the order is appropriate under the circumstances and if he or she finds it is in the best interest of the respondent or of the public to have such information disclosed. Effective:April 1, 2021 History: Created 2021 Ky. Acts ch. 175, sec. 15, effective April 1, 2021.

KRS 202C.110 Right to petition for writ of habeas corpus

202C.110. Right to petition for writ of habeas corpus At any time, and without notice, a respondent detained at a forensic psychiatric facility, or a relative, friend, guardian, representative, or attorney on behalf of such person, may petition for a writ of habeas corpus to question the cause and legality of the detention and request that the court issue a writ for release. Effective:April 1, 2021 History: Created 2021 Ky. Acts ch. 175, sec. 16, effective April 1, 2021.

KRS 202C.120 Notification of receiving psychiatric facility -- Transportation of patient

202C.120. Notification of receiving psychiatric facility -- Transportation of patient (1) The court which orders any respondent transferred to a forensic psychiatric facility under KRS 202C.050 or 504.110(3), shall at once notify the receiving hospital or psychiatric facility that such order has been made, advising of the sex and condition of the respondent and any other pertinent information. (2) After the forensic psychiatric facility has been so notified, the court shall order the sheriff of the county or other peace officer to transport the respondent within forty-eight (48) hours, excluding weekends and holidays, from the county in which the respondent is located to the forensic psychiatric facility designated by the cabinet. The sheriff or other 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 respondent to the forensic psychiatric facility. (3) Any respondent released from a forensic psychiatric facility under KRS 202C.030 or 202C.060 shall be transported to the respondent's county of discharge by a sheriff or other peace officer, by an ambulance service designated by the cabinet, or by other appropriate means of transportation which is consistent with the treatment plan of that respondent. The cost of transporting the respondent to the respondent's county of discharge when performed by a peace officer, ambulance service, or other private agency on contract with the cabinet shall be paid by the cabinet in accordance with an administrative regulation issued by the cabinet pursuant to KRS Chapter 13A. Effective:April 1, 2021 History: Created 2021 Ky. Acts ch. 175, sec. 17, effective April 1, 2021.

KRS 202C.130 Clarification of court orders -- Appeals

202C.130. Clarification of court orders -- Appeals (1) Forensic psychiatric facilities ordered to receive an involuntarily committed respondent shall have standing to petition the Circuit Court for any necessary clarification or modification of orders or judgments entered in proceedings under this chapter and to appeal from final judgments or orders entered in proceedings which have not complied with the provisions of this chapter. (2) A copy of any motions filed under subsection (1) of this section shall be sent to the involuntarily committed respondent, the respondent's guardian ad litem, the respondent's attorney of record, the Commonwealth, and all other parties of record. Effective: October 1, 2026 History: Amended 2026 Ky. Acts ch. 92, sec. 32, effective October 1, 2026. -- Created 2021 Ky. Acts ch. 175, sec. 18, effective April 1, 2021.

KRS 202C.140 Rights of involuntarily committed patients

202C.140. Rights of involuntarily committed patients A respondent involuntarily committed under this chapter shall have the following rights as a patient: (1) The right to be adequately informed as to his or her individual treatment program; (2) The right to assist in the planning of his or her treatment program; (3) The right to refuse treatment subject to the provisions of KRS 202C.150; (4) The right to maintain, keep, and use personal possessions and money; (5) The right to receive visitors; (6) The right to receive payment for work performed on behalf of the forensic psychiatric facility; (7) The right to refuse intrusive treatment subject to the provisions of KRS 202C.150; (8) The right to be free from unreasonable use of seclusion and restraint; (9) The right to seek relief from participating in his or her treatment plan; and (10) The right to the assistance of counsel to uphold these rights and all rights under this chapter. Effective:April 1, 2021 History: Created 2021 Ky. Acts ch. 175, sec. 19, effective April 1, 2021.

KRS 202C.150 Psychiatric facility review committee -- Treatment plan

202C.150. Psychiatric facility review committee -- Treatment plan (1) Every forensic psychiatric facility caring for respondents involuntarily committed under this chapter shall have a review committee of three (3) qualified mental health professionals appointed by the facility director. This review committee shall have the authority to review the appropriateness of a respondent's individual treatment plan. (2) Upon the refusal of a respondent to participate in any or all aspects of his or her treatment plan, the review committee shall examine the appropriateness of the respondent's individual treatment plan. Within three (3) days of the refusal, the review committee shall meet with the respondent and his or her counsel, guardian ad litem, or other representative to discuss its recommendations. (3) If the respondent still refuses to participate in any or all aspects of his or her individual treatment plan, the forensic psychiatric facility may petition the Circuit Court for a de novo determination of the appropriateness of the proposed treatment. Within seven (7) days, excluding weekends and holidays, the court shall conduct a hearing, consistent with the respondent's rights to due process of law, and shall utilize the following factors in reaching its determination: (a) Whether the treatment is necessary to protect the respondent or others from harm; (b) Whether the respondent is incapable of giving informed consent to the proposed treatment; (c) Whether any less restrictive alternative mode of treatment exists; and (d) Whether the proposed treatment carries any risk of permanent side effects. (4) Upon the completion of the hearing, the court shall enter an appropriate judgment. Effective:April 1, 2021 History: Created 2021 Ky. Acts ch. 175, sec. 20, effective April 1, 2021.

KRS 202C.160 Chapter not to apply to persons under age eighteen -- Exception

202C.160. Chapter not to apply to persons under age eighteen -- Exception This chapter shall not apply to persons under eighteen (18) years of age unless specifically authorized by the Kentucky Unified Juvenile Code. Effective:April 1, 2021 History: Created 2021 Ky. Acts ch. 175, sec. 21, effective April 1, 2021.

KRS 202C.170 Administrative regulations for chapter

202C.170. Administrative regulations for chapter This cabinet shall promulgate administrative regulations in accordance with KRS Chapter 13A in order to carry out the provisions of this chapter. Effective:April 1, 2021 History: Created 2021 Ky. Acts ch. 175, sec. 22, effective April 1, 2021.

Source: Kentucky Legislative Research Commission (legislature.ky.gov)URL: https://apps.legislature.ky.gov/law/statutes/chapter.aspx?id=50597Fetched: 10/20/2026