ADMISSION OF AN INDIVIDUAL WITH AN INTELLECTUAL DISABILITY

KRS tit. XVII, ch. 202B

in effect

KRS 202B.010 Definitions for chapter

202B.010. Definitions for chapter As used in this chapter, unless the context otherwise requires: (1) "Authorized staff physician" means a person who is employed as a physician of an ICF/ID; (2) "Interdisciplinary team" means the group of persons responsible for the diagnosis, evaluation, and individualized program planning and service implementation for the resident. The team is composed of a physician, a psychologist, a registered nurse, a social worker, and other professionals, at least one (1) of whom is a qualified professional in the area of intellectual disabilities, and may include the resident, the resident's family, or the guardian; (3) "Cabinet" means the Kentucky Cabinet for Health and Family Services; (4) "Danger" or "threat of danger to self, family, or others" means substantial physical harm or threat of substantial physical harm upon self, family, or others, including actions which deprive self, family, or others of the basic means of survival including provision for reasonable shelter, food, or clothing; (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 mentally ill persons or individuals with an intellectual disability 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 Kentucky Cabinet for Health and Family Services as equipped to provide full- time residential care and treatment for mentally ill persons or individuals with an intellectual disability; (b) A hospital, institution, or health-care facility of the government of the United States equipped to provide residential care and treatment for mentally ill persons or individuals with an intellectual disability; (7) "Judge" means any judge or justice of the Court of Justice or a trial commissioner of the District Court acting under authority of SCR 5.030; (8) "Least restrictive alternative mode of treatment" means that treatment given in the least confining setting which will provide an individual with an intellectual disability appropriate treatment or care consistent with accepted professional practice. For purposes of this section, least restrictive alternative mode of treatment may include an institutional placement; (9) "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; (10) "ICF/ID" means an intermediate-care facility approved by the cabinet for the evaluation, care, and treatment of individuals with an intellectual disability; (11) "Petitioner" means a person who institutes a proceeding under this chapter; (12) "Qualified professional in the area of intellectual disabilities" 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 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; (c) A licensed registered nurse with a master's degree in psychiatric nursing from an accredited institution and two (2) years of clinical experience of which one (1) year is with individuals with an intellectual disability; or a licensed registered nurse, with a bachelor's degree in nursing from an accredited institution, who has three (3) years of inpatient or outpatient clinical experience of which one (1) year is in the field of individuals with an intellectual disability and is currently employed by an ICF/ID licensed by the cabinet, a hospital, a regional community program for mental health or individuals with an intellectual disability, or a private agency or company engaged in the provision of services to individuals with an intellectual disability; (d) 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 two (2) years of inpatient or outpatient clinical experience in social work of which one (1) year shall be in the field of individuals with an intellectual disability and is currently employed by an ICF/ID licensed by the cabinet, a hospital, a regional community program for mental health or individuals with an intellectual disability, or a private agency or company engaged in the provision of services to individuals with an intellectual disability; (e) 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 or individuals with an intellectual disability; or (f) A professional counselor credentialed under the provisions of KRS 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 or individuals with an intellectual disability; (13) "Residence" means legal residence as determined by applicable principles governing conflicts of law; (14) "Resident" means a person under care or treatment in an ICF/ID pursuant to the provisions of this chapter; (15) "Respondent" means a person alleged in a hearing under this chapter to be an individual with an intellectual disability; and (16) "Secretary" shall mean the secretary of the Cabinet for Health and Family Services. Effective: July 12, 2012 History: Amended 2012 Ky. Acts ch. 146, sec. 36, effective July 12, 2012. -- Amended 2005 Ky. Acts ch. 99, sec. 216, effective June 20, 2005. -- Amended 2002 Ky. Acts ch. 99, sec. 2, effective March 28, 2002. -- Amended 1998 Ky. Acts ch. 426, sec. 180, effective July 15, 1998. -- Amended 1996 Ky. Acts ch. 369, sec. 20, effective July 15, 1996. -- Amended 1990 Ky. Acts ch. 147, sec. 1, effective July 13, 1990. -- Amended 1988 Ky. Acts ch. 139, sec. 20, effective July 15, 1988. -- Amended 1986 Ky. Acts ch. 79, sec. 1, effective March 6, 1986. --Created 1976 Ky. Acts ch. 328, sec. 2.

KRS 202B.018 Venue for involuntary admission

202B.018. Venue for involuntary admission All proceedings for the involuntary admission of individuals with an intellectual disability shall be initiated in the District Court of the county where the person to be treated resides or in which the person may be at the time of the filing of a petition. Effective: July 12, 2012 History: Amended 2012 Ky. Acts ch. 146, sec. 37, effective July 12, 2012. -- Created 1990 Ky. Acts ch. 147, sec. 2, effective July 13, 1990.

KRS 202B.019 County attorney's duties

202B.019. County attorney's duties In all proceedings under this chapter, it shall be the duty of the county attorney to assist the petitioner and represent the interest of the Commonwealth and to assist the court in its inquiry by the presentation of evidence. Effective: July 13, 1990 History: Created 1990 Ky. Acts ch. 147, sec. 3, effective July 13, 1990.

KRS 202B.020 Repealed, 1990

202B.020. Repealed, 1990 Catchline at repeal: Hospitalization for mentally retarded - Court examination. History: Repealed 1990 Ky. Acts ch. 147, sec. 36, effective July 13, 1990. --Amended 1982 Ky. Acts ch. 141, sec. 36; and ch. 445, sec. 36. -- Created 1976 Ky. Acts ch. 328, sec. 3. Note: 1980 Ky. Acts ch. 396, sec. 37 would have amended this section effective July 1, 1982. However, 1980 Ky. Acts ch. 396 was repealed by 1982 Ky. Acts ch. 141, sec. 146, also effective July 1, 1982.

KRS 202B.021 Voluntary admission to an ICF/ID -- Discharge of voluntarily admitted resident -- Release of voluntarily admitted resident upon written request

202B.021. Voluntary admission to an ICF/ID -- Discharge of voluntarily admitted resident -- Release of voluntarily admitted resident upon written request (1) Minors and adult persons with an intellectual disability may be voluntarily admitted for care and treatment in an ICF/ID under the applicable provisions of this section. (2) Upon the recommendation or approval of the interdisciplinary team of an ICF/ID, a physician may admit for care and treatment a minor with an intellectual disability upon application of a parent or guardian. Upon recommendation or approval of the interdisciplinary team of an ICF/ID, the physician may also admit an individual with an intellectual disability who applies voluntarily therefor and who, in the opinion of the physician, possesses the mental capacity to give informed consent for admission. (3) Upon recommendation or approval of the interdisciplinary team of an ICF/ID, the physician shall discharge any voluntarily admitted resident whose care and treatment in the ICF/ID is determined to be no longer necessary or advisable. (4) If an adult resident who has been admitted voluntarily requests his or her release in writing, or if the release of a minor resident is requested in writing by the minor's parent or guardian, the resident shall be released unless further detained under the applicable provisions of this chapter. Effective: July 12, 2012 History: Amended 2012 Ky. Acts ch. 146, sec. 38, effective July 12, 2012. -- Amended 2006 Ky. Acts ch. 195, sec. 1, effective July 12, 2006. -- Amended 1992 Ky. Acts ch. 142, sec. 1, effective July 14, 1992. -- Created 1990 Ky. Acts ch. 147, sec. 4, effective July 13, 1990.

KRS 202B.025 Temporary admission by authorized staff physician at ICF/ID

202B.025. Temporary admission by authorized staff physician at ICF/ID (1) An authorized staff physician may order the admission of any person who is present at, or is presented at, an ICF/ID. Within twenty-four (24) hours, excluding weekends and holidays, of the admission under this section, the authorized staff physician ordering the admission of the person shall certify in the record of the individual that in the opinion of the physician, the individual should be involuntarily admitted. (2) Any person who has been admitted to an ICF/ID under subsection (1) of this section shall be released from the ICF/ID within seventy-two (72) hours, excluding weekends and holidays, unless further detained under the applicable provisions of this chapter. Effective: July 12, 2012 History: Amended 2012 Ky. Acts ch. 146, sec. 39, effective July 12, 2012. -- Created 1990 Ky. Acts ch. 147, sec. 5, effective July 13, 1990.

KRS 202B.030 Placement of involuntarily admitted individual with an intellectual disability

202B.030. Placement of involuntarily admitted individual with an intellectual disability When individuals with an intellectual disability are involuntarily hospitalized under this chapter, the cabinet may place them in an ICF/ID. No individual with an intellectual disability may be involuntarily placed in a hospital without the consent of the secretary, except when the determination of concurrent mental illness is made under the provisions of KRS Chapter 202A. No individual with an intellectual disability may be involuntarily admitted to a hospital or ICF/ID when the cabinet determines that appropriate programs and space are not available. Effective: July 12, 2012 History: Amended 2012 Ky. Acts ch. 146, sec. 40, effective July 12, 2012. -- Amended 1990 Ky. Acts ch. 147, sec. 6, effective July 13, 1990. -- Created 1976 Ky. Acts ch. 328, sec. 4.

KRS 202B.040 Criteria for involuntary admission for individuals with an intellectual disability

202B.040. Criteria for involuntary admission for individuals with an intellectual disability When a person who is alleged to be an individual with an intellectual disability is involuntarily admitted, there shall be a determination that: (1) The person is an individual with an intellectual disability; (2) The person presents a danger or a threat of danger to self, family, or others; (3) The least restrictive alternative mode of treatment presently available requires placement in an ICF/ID; and (4) Treatment that can reasonably benefit the person is available in an ICF/ID. Effective: July 12, 2012 History: Amended 2012 Ky. Acts ch. 146, sec. 41, effective July 12, 2012. -- Amended 1990 Ky. Acts ch. 147, sec. 7, effective July 13, 1990. -- Amended 1986 Ky. Acts ch. 79, sec. 2, effective March 6, 1986. -- Amended 1982 Ky. Acts ch. 445, sec. 37, effective July 1, 1982. -- Created 1976 Ky. Acts ch. 328, sec. 5. Legislative Research Commission Note. This section was amended 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, in 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.

KRS 202B.045 Requirements for admission -- Discharge planning

202B.045. Requirements for admission -- Discharge planning (1) Admission: (a) Residents shall be admitted only upon the approval of an interdisciplinary team. The facility shall admit only persons who have a physical or mental condition which requires developmental nursing services and a planned program of active treatment; (b) The interdisciplinary team shall: 1. Conduct a comprehensive evaluation of the individual, not more than three (3) months before admission, covering physical, emotional, social, and cognitive factors; and 2. Prior to admission define the need for service without regard to availability of those services. The team shall review all available and applicable programs of care, treatment, and training and record its findings; (c) If admission is not the best plan but the individual must be admitted nevertheless, the facility shall clearly acknowledge that the admission is inappropriate and initiate plans to actively explore alternatives; (d) Before admission, the resident and a responsible member of his family or guardian shall be informed in writing of the established policies of the facility and fees, reimbursement, visitation rights during serious illness, visiting hours, type of diets offered, and services offered; and (e) The facility shall provide and maintain a system for identifying each resident's personal property and facilities for safekeeping of his declared valuables. Each resident's clothing and other property shall be reserved for the resident's own use. (2) Discharge planning. Prior to discharge the facility shall have a postinstitutional plan which identifies the residential setting and support services which would enable the resident to live in a less restrictive alternative to the current setting. Before a resident is released, the facility shall: (a) Offer counseling to parents or guardians who request the release of a resident concerning the advantages and disadvantages of the release; (b) Plan for release of the resident, to assure that appropriate services are available in the resident's new environment, including protective supervision and other follow-up services; and (c) Prepare and place in the resident's record a summary of findings, progress, and plans. Effective: July 13, 1990 History: Amended 1990 Ky. Acts ch. 147, sec. 8, effective July 13, 1990. -- Created 1986 Ky. Acts ch. 79, sec. 4, effective March 6, 1986.

KRS 202B.050 Rights guaranteed

202B.050. Rights guaranteed All rights guaranteed by KRS Chapter 210 to mentally ill persons shall apply to individuals with an intellectual disability. Effective: July 12, 2012 History: Amended 2012 Ky. Acts ch. 146, sec. 42, effective July 12, 2012. -- Amended 1990 Ky. Acts ch. 147, sec. 32, effective July 13, 1990. -- Amended 1986 Ky. Acts ch. 79, sec. 3, effective March 6, 1986. -- Amended 1982 Ky. Acts ch. 141, sec. 37, effective July 1, 1982. -- Created 1976 Ky. Acts ch. 328, sec. 6. Note: 1980 Ky. Acts ch. 396, sec. 38 would have amended this section effective July 1, 1982. However, 1980 Ky. Acts ch. 396 was repealed by 1982 Ky. Acts ch. 141, sec. 146, also effective July 1, 1982.

KRS 202B.060 Rights of residents with an intellectual disability -- Adoption of regulations

202B.060. Rights of residents with an intellectual disability -- Adoption of regulations The secretary shall adopt administrative regulations for the proper administration and enforcement of this chapter. The regulations shall include, but shall not be limited to: (1) Rights of residents with an intellectual disability and their families to be adequately informed as to the individual treatment program of the resident; (2) Rights of residents and their families to assist in the planning of the treatment program of the resident; (3) Rights of residents and their families under certain conditions to refuse treatment offered to the resident by the hospital or ICF/ID; (4) Rights of residents to maintain, keep, and use personal possessions and money; (5) Rights of residents to meet with friends and relatives; (6) Rights of residents to receive payment for work performed on behalf of the hospital or ICF/ID; (7) Rights of residents to refuse intrusive treatments, including electroshock or psychosurgery; (8) Rights of residents to seek relief from participating in their treatment plans; (9) Rights of residents who are minors to seek relief from actions, approved by their parents or guardians, for or against admission and discharge; (10) The use of seclusion and other mechanical restraints in hospitals and ICF/IDs; (11) The release of residents to less restrictive alternative modes of treatment on convalescent status; and (12) Provisions for alternative methods for involuntary admission. Effective: July 12, 2012 History: Amended 2012 Ky. Acts ch. 146, sec. 43, effective July 12, 2012. -- Amended 1990 Ky. Acts ch. 147, sec. 29, effective July 13, 1990. -- Amended 1988 Ky. Acts ch. 139, sec. 14, effective July 15, 1988. -- Created 1976 Ky. Acts ch. 328, sec. 7.

KRS 202B.070 Exemption from personal liability -- Duty of individuals with direct-care responsibility for residents of ICF/ID to meet specific care needs, including supervision

202B.070. Exemption from personal liability -- Duty of individuals with direct-care responsibility for residents of ICF/ID to meet specific care needs, including supervision (1) Persons carrying out duties or rendering professional opinions as provided in this chapter shall be free of personal liability for such actions provided that such activities are performed in good faith within the scope of their official duties and in a manner consistent with accepted professional practices. (2) (a) The person responsible for the implementation of the individual care plan shall ensure that each individual that has direct-care responsibility for a resident admitted to an ICF/ID shall be informed of the specific care needs of the resident, including but not limited to the need for supervision. (b) After admittance, the facility administrator shall ensure that each individual that has direct-care responsibility for a resident admitted to an ICF/ID shall be informed of the specific care needs of the resident, including but not limited to the need for supervision upon any change in the resident's care plan. (3) Notwithstanding subsection (1) of this section, an individual who has direct-care responsibility for a resident of an ICF/ID and who intentionally fails to provide supervision of the resident as specified in the resident's care plan and thereby creates a risk of imminent harm or death to the resident shall be subject to immediate dismissal from employment. Effective: July 12, 2012 History: Amended 2012 Ky. Acts ch. 146, sec. 44, effective July 12, 2012. -- Amended 2008 Ky. Acts ch. 145, sec. 1, effective July 15, 2008. -- Created 1976 Ky. Acts ch. 328, sec. 8. Legislative Research Commission Note (7/15/2008). 2008 Ky. Acts ch. 145, sec. 2, provides that the amendments to this section in 2008 Ky. Acts ch. 145, shall be known and may be cited as "Deron's Law."

KRS 202B.080 Short title

202B.080. Short title This chapter may be cited as the "Kentucky Admission Act for Individuals with an Intellectual Disability". Effective: July 12, 2012 History: Amended 2012 Ky. Acts ch. 146, sec. 45, effective July 12, 2012. -- Amended 1990 Ky. Acts ch. 147, sec. 33, effective July 13, 1990. -- Created 1976 Ky. Acts ch. 328, sec. 1.

KRS 202B.100 Proceedings for involuntary admission -- Petition -- Duties of court -- Disposition

202B.100. Proceedings for involuntary admission -- Petition -- Duties of court -- Disposition (1) Proceedings for involuntary admission of a person to an ICF/ID shall be initiated 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 qualified professional in the area of intellectual disabilities, peace officer, county attorney, Commonwealth's attorney, spouse, relative, friend, or guardian of the person 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 living 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 such person is unknown; (f) Documentation by the petitioner that the respondent has an intellectual disability that shall include the findings of a psychological examination or assessment completed in a reasonable time prior to the filing of the petition that documents a Full Scale IQ in the moderate to severe range of an intellectual disability. If the court finds that a more current psychological examination or assessment is necessary, the court shall order such examination; and (g) Petitioner's belief, including the factual basis therefor, that the respondent presents a danger or threat of danger to self, family, or others if not admitted to an ICF/ID. (5) Upon receipt of the petition, the court shall examine the petitioner under oath as to the contents of the petition. If the petitioner is a qualified professional in the area of intellectual disabilities, the court may dispense with the examination. (6) If, after reviewing the allegations contained in the petition and examining the petitioner under oath, it appears to the court that there is probable cause to believe the respondent should be involuntarily admitted, the court shall: (a) Set a date for a preliminary hearing; (b) Notify the respondent, the respondent's legal guardian, if any, and if known, and the respondent's spouse, parents, or nearest relative or friend concerning the allegations and contents of the petition and the date and purpose of the preliminary hearing; and the name, address, and telephone number of the attorney appointed to represent the respondent; and (c) Cause the respondent to be examined without unnecessary delay by two (2) professionals, one (1) of whom is a qualified professional in the area of intellectual disabilities and one (1) of whom is a licensed psychiatrist, psychologist, or physician with special training and experience in serving individuals with an intellectual disability. One (1) of the professionals shall be from the community, and one (1) shall be an employee of a state operated ICF/ID facility. The qualified professional in the area of intellectual disabilities shall certify his or her findings within twenty-four (24) hours, excluding weekends and holidays. (7) (a) If the respondent is presently residing in an ICF/ID under the provisions of this chapter, the court may allow continued further residence therein for the respondent to accomplish the examination ordered by the court. (b) If the respondent is not currently residing in an ICF/ID under the provisions of this chapter, the court may order the respondent, the respondent's guardian, or any person or entity exercising custodial control of the respondent to submit the respondent to an examination, without unnecessary delay, by two (2) professionals, one (1) of whom is a qualified professional in the area of intellectual disabilities and one (1) of whom is a licensed psychiatrist, psychologist, or physician with special training and experience in serving individuals with an intellectual disability. One (1) of the professionals shall be from the community, and one (1) shall be an employee of a state-operated ICF/ID facility. (8) If, upon completion of the preliminary hearing, the court finds there is probable cause to believe the respondent should be involuntarily admitted, the court shall order a final hearing to determine if the respondent should be involuntarily admitted. (9) If the court finds there is no probable cause, the proceedings against the respondent shall be dismissed, and the respondent shall be released from the ICF/ID. (10) If, upon completion of the final hearing, the court finds the respondent should be involuntarily admitted, the court shall order the respondent admitted in an ICF/ID for an indeterminate period. The order shall also specify the period within which the initial review pursuant to KRS 202B.250. Effective: July 12, 2012 History: Amended 2012 Ky. Acts ch. 146, sec. 46, effective July 12, 2012. -- Amended 2006 Ky. Acts ch. 195, sec. 2, effective July 12, 2006. -- Created 1990 Ky. Acts ch. 147, sec. 9, effective July 13, 1990.

KRS 202B.110 Venue for proceedings subsequent to preliminary hearing

202B.110. Venue for proceedings subsequent to preliminary hearing A respondent who has been ordered involuntarily admitted following the preliminary hearing shall have venue for all subsequent proceedings, including the final hearing, transferred to the court of the county where the respondent is admitted; however, the court of the county where the preliminary hearing was held may, upon its own motion, or shall, upon motion of one (1) of the parties, retain venue over proceedings subsequent to the preliminary hearing. Effective: July 13, 1990 History: Created 1990 Ky. Acts ch. 147, sec. 10, effective July 13, 1990.

KRS 202B.120 Certificate contents -- Fee

202B.120. Certificate contents -- Fee (1) The certificate referred to in this chapter shall be in the form prescribed by the cabinet. The certificate shall state that the respondent has been examined by each of the qualified professionals in the area of intellectual disabilities making the certificate within twenty-four (24) hours, excluding weekends and holidays, prior to the date of the certificate. It shall state the facts and circumstances upon which the judgment of the examining physician is based and shall be sworn to before a notary or the clerk or judge of the court. (2) The examiner shall be entitled to a fee for the 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: July 12, 2012 History: Amended 2012 Ky. Acts ch. 146, sec. 47, effective July 12, 2012. -- Created 1990 Ky. Acts ch. 147, sec. 11, effective July 13, 1990.

KRS 202B.130 Number of certifications required for involuntary admission -- Time limit

202B.130. Number of certifications required for involuntary admission -- Time limit In any proceeding for involuntary admission under the applicable provisions of this chapter, if the criteria for involuntary admission are not certified by at least two (2) professionals as specified in KRS 202B.100(6)(c), the court shall, without taking any further action, terminate the proceedings and order the release of the person. The qualified professional in the area of intellectual disabilities shall certify to the court, within twenty-four (24) hours of the examination, excluding weekends and holidays, his or her findings and opinions as to whether the person shall be involuntarily admitted. Effective: July 12, 2012 History: Amended 2012 Ky. Acts ch. 146, sec. 48, effective July 12, 2012. -- Amended 2006 Ky. Acts ch. 195, sec. 3, effective July 12, 2006. -- Created 1990 Ky. Acts ch. 147, sec. 12, effective July 13, 1990.

KRS 202B.140 Witnesses to examination

202B.140. Witnesses to examination A qualified professional in the area of intellectual disabilities retained by the respondent, or the respondent's parent or guardian, at the expense of the parent or guardian, shall be permitted to witness and participate in any examination of the respondent and may submit findings, if any, to the court. Effective: July 12, 2012 History: Amended 2012 Ky. Acts ch. 146, sec. 49, effective July 12, 2012. -- Created 1990 Ky. Acts ch. 147, sec. 13, effective July 13, 1990.

KRS 202B.150 Time of preliminary and final hearings

202B.150. Time of preliminary and final hearings (1) The preliminary hearing shall be held not later than fifteen (15) days, excluding weekends and holidays, from the date of the filing of the petition. (2) The final hearing shall be held within twenty (20) days of the date of the preliminary hearing or within thirty (30) days of the date of filing of the petition if the preliminary hearing is waived. Effective: July 13, 1990 History: Created 1990 Ky. Acts ch. 147, sec. 14, effective July 13, 1990.

KRS 202B.160 Hearing procedures -- Rights of guardians and immediate family members

202B.160. Hearing procedures -- Rights of guardians and immediate family members (1) The preliminary hearing need not be formal and shall include the receiving of reports of the qualified professional in the area of intellectual disabilities as evidence. The hearing may be held by the court in chambers, at an ICF/ID, or other suitable place. The respondent shall be afforded an opportunity to testify, to present witnesses, and to cross-examine any witnesses. The respondent and the attorney for the respondent may waive respondent's right to a preliminary hearing. (2) The final 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 an ICF/ID, or other suitable place. The respondent shall be afforded an opportunity to testify, to present, and cross-examine any witnesses. The manner of proceeding and the rules of evidence shall be the same as those in any criminal proceeding, except that the standard of proof shall be by clear and convincing evidence. Proceedings shall be heard by a judge unless a party requests a jury trial. Neither the respondent nor the respondent's attorney may waive the respondent's right to a final hearing. (3) Guardians and immediate family members of the respondent shall be allowed to attend all hearings, conferences or similar proceedings; may be represented by private counsel, if desired; may participate in the hearings or conferences as if a party to the proceedings; may cross-examine witnesses if desired; and shall have standing to appeal any adverse decision. Effective: July 12, 2012 History: Amended 2012 Ky. Acts ch. 146, sec. 50, effective July 12, 2012. -- Created 1990 Ky. Acts ch. 147, sec. 15, effective July 13, 1990.

KRS 202B.170 Interim determination and possible dismissal

202B.170. Interim determination and possible dismissal (1) Following the preliminary hearing but prior to the completion of the final hearing, the court may order the respondent to reside in his or her current residence, an emergency placement designated by the regional program for mental health and individuals with an intellectual disability, or an ICF/ID approved by the secretary for that purpose for the committing judicial district in a community program approved by the secretary or in a hospital. The respondent may be released, upon application and agreement of the parties, for the purpose of community-based outpatient treatment. (2) A physician of an ICF/ID or a hospital shall discharge a respondent residing therein and notify the court and attorneys of record, if the interdisciplinary team of the ICF/ID or an authorized staff physician of the hospital determines that the respondent no longer meets the criteria for involuntary admission. (3) If a respondent is discharged by the ICF/ID or hospital pursuant to subsection (2) of this section, the proceedings against the respondent shall be dismissed. Effective: July 12, 2012 History: Amended 2012 Ky. Acts ch. 146, sec. 51, effective July 12, 2012. -- Amended 2006 Ky. Acts ch. 195, sec. 4, effective July 12, 2006. -- Amended 1994 Ky. Acts ch. 498, sec. 12, effective July 15, 1994. -- Created 1990 Ky. Acts ch. 147, sec. 16, effective July 13, 1990.

KRS 202B.180 Confidentiality of court records -- Expungement -- Disclosure by court order

202B.180. Confidentiality of court records -- Expungement -- Disclosure by court order (1) The court records of a respondent made in all proceedings pursuant to this chapter shall be confidential and shall not be open to the general public for inspection except when the disclosure is provided in KRS 202B.190. (2) Following the discharge of a respondent from an ICF/ID or hospital or the issuance of a court order denying a petition for admission, a respondent may at any time move to have all court records pertaining to the proceedings expunged from the files of the court. The county attorney shall be given notice of any motion and shall have five (5) days in which to respond to same or request a hearing thereon. (3) Any person seeking information contained in the court files or the court records of proceedings involving persons under this chapter may file a written motion in the appropriate court setting out why the information is needed. A District Judge may issue an order to disclose the information sought if the judge finds the order is appropriate under the circumstances and if the judge finds it is in the best interest of the person or of the public to have the information disclosed. Effective: July 12, 2012 History: Amended 2012 Ky. Acts ch. 146, sec. 52, effective July 12, 2012. -- Created 1990 Ky. Acts ch. 147, sec. 17, effective July 13, 1990.

KRS 202B.190 Disclosure of professional communications

202B.190. Disclosure of professional communications In proceedings under this chapter, there shall be no privilege as to any relevant communications between qualified professionals in the area of intellectual disabilities and patients. Qualified professionals in the area of intellectual disabilities may disclose communications relating to diagnosis and treatment of the patient's mental condition. Effective: July 12, 2012 History: Amended 2012 Ky. Acts ch. 146, sec. 53, effective July 12, 2012. -- Created 1990 Ky. Acts ch. 147, sec. 18, effective July 13, 1990.

KRS 202B.200 Court to notify cabinet of admission ordered to ICF/ID -- Refusal to receive by ICF/ID -- Transport of person

202B.200. Court to notify cabinet of admission ordered to ICF/ID -- Refusal to receive by ICF/ID -- Transport of person (1) The court which orders any person to an ICF/ID under the provisions of this chapter, shall at once notify the cabinet that the order has been made, advising of the sex and condition of the person. (2) The ICF/ID may refuse to receive any person who has been ordered to be involuntarily admitted by a court order if appropriate programs and space are not available or the papers presented with the person at the ICF/ID do not comply with the provisions of this chapter or if it does not receive notification of the order of involuntary admission as required by this chapter. (3) After the cabinet has been so notified, the court may order the sheriff of the county to transport the person from the county in which the person is located to the ICF/ID designated by the cabinet. The actual traveling expenses of persons transporting the person to the institution shall be paid by the cabinet. Each female admitted to an ICF/ID shall be accompanied by a female attendant, unless accompanied by her mother, father, sister, brother, husband, daughter, or son. (4) In returning any person to the county from which that person is sent, the cost of returning the person shall be paid in the same manner, when necessary. (5) If a person is involuntarily admitted by a court order, the person shall be transported to the ICF/ID designated by the cabinet and accompanied by the following documents: (a) A copy of the petition for involuntary admission; (b) The certificate of qualified professionals in the area of intellectual disabilities; (c) A current physical examination that documents no serious medical issues; (d) The psychological examination or assessment that documents a Full Scale IQ in the moderate to severe range of intellectual disability; and (e) The order of involuntary admission. Effective: July 12, 2012 History: Amended 2012 Ky. Acts ch. 146, sec. 54, effective July 12, 2012. -- Amended 2006 Ky. Acts ch. 195, sec. 5, effective July 12, 2006. -- Amended 1994 Ky. Acts ch. 498, sec. 13, effective July 15, 1994. -- Created 1990 Ky. Acts ch. 147, sec. 19, effective July 13, 1990.

KRS 202B.210 Right to counsel

202B.210. Right to counsel Upon the filing of a petition for involuntary admission pursuant to KRS 202B.045, the court shall appoint an attorney to represent the respondent with the appointment and representation to continue unless the respondent retains private counsel. The appointed attorney shall be forthwith notified by the clerk of the allegations in the petition and the date and purpose of the preliminary hearing. When it is necessary to appoint counsel, the District Court shall endeavor to appoint private counsel, if available, to represent respondents, from a list of attorneys who have volunteered to represent such respondents. The list shall be maintained by the District Court clerk. Private counsel appointed by the court shall be compensated in the manner set forth in KRS 620.100. If no other method of appointing counsel for the respondent is available, the respondent shall be represented by the public advocate pursuant to KRS Chapter 31. Effective: June 25, 2013 History: Amended 2013 Ky. Acts ch. 79, sec. 8, effective June 25, 2013. -- Created 1990 Ky. Acts ch. 147, sec. 20, effective July 13, 1990.

KRS 202B.220 Right to be present

202B.220. Right to be present The respondent shall be present at all hearings unless the respondent and the respondent's attorney waive the respondent's rights to be present, or unless the court makes a specific finding after the respondent has been brought to the place of the hearing that the respondent should be removed from the hearing because the person's conduct is so disruptive that the proceedings cannot continue in any reasonable manner. Effective: July 13, 1990 History: Created 1990 Ky. Acts ch. 147, sec. 21, effective July 13, 1990.

KRS 202B.230 Appeals -- Manner -- Parties who may appeal

202B.230. Appeals -- Manner -- Parties who may appeal Appeals from the final orders or judgments of the District Court made and entered in proceedings under this chapter shall be taken in the manner as other appeals from District Court to Circuit Court. Appeals may be taken by the Commonwealth, the individual who is subject to the proceedings, or the individual's guardian, limited guardian, or other authorized representative. This appeal shall be advanced on the Circuit Court docket without motion or notice. Effective: July 13, 1990 History: Created 1990 Ky. Acts ch. 147, sec. 22, effective July 13, 1990.

KRS 202B.240 Annual review -- Interdisciplinary evaluation report -- Discharge

202B.240. Annual review -- Interdisciplinary evaluation report -- Discharge (1) Every resident admitted under the provisions of this chapter shall have an annual review conducted by an interdisciplinary team of the ICF/ID to determine the appropriateness of and the necessity for care and treatment provided the resident in the ICF/ID. On or before the anniversary date of an involuntary admission order entered for a resident pursuant to KRS 202B.190, and every year thereafter for as long as the resident resides in the ICF/ID, the ICF/ID shall file with the admitting court an interdisciplinary evaluation report on behalf of the resident whose continued placement in the ICF/ID is required. The report shall detail the social, psychological, medical, and other considerations requiring continued placement of the resident in the ICF/ID, a description of the treatment or habilitation programs which will benefit the resident as a result of such placement, and a statement that the criteria for involuntary admission set forth in KRS 202B.040 are satisfied. The interdisciplinary report shall list the name and address of the guardian or limited guardian or, if none, an immediate family member of the resident. (2) The physician shall discharge a resident whose admission is pursuant to court order when it is determined by the interdisciplinary team that the resident no longer meets the criteria for involuntary admission as provided in KRS 202B.040. When a resident is discharged, the ICF/ID shall send notice of the discharge to the court. Effective: July 12, 2012 History: Amended 2012 Ky. Acts ch. 146, sec. 55, effective July 12, 2012. -- Created 1990 Ky. Acts ch. 147, sec. 23, effective July 13, 1990.

KRS 202B.245 ICF/ID review committee -- Procedure when involuntary resident refuses to participate in treatment plan

202B.245. ICF/ID review committee -- Procedure when involuntary resident refuses to participate in treatment plan (1) Every ICF/ID approved under the provisions of this chapter shall have a review committee of three (3) qualified professionals in the area of intellectual disabilities appointed by the facility director. This review committee shall have the authority to review the appropriateness of a resident's individual treatment plan. (2) Upon the refusal of an involuntary resident to participate in any aspect of the resident's treatment plan, the review committee shall examine the appropriateness of the resident's individual treatment plan. Within three (3) days of the refusal, the review committee shall meet with the resident and the resident's counsel or other representative to discuss their recommendations. (3) If the resident still refuses to participate in any aspect of the resident's individual treatment plan, the ICF/ID may petition the District Court for a de novo determination of the appropriateness of the proposed treatment. Within seven (7) days, the court shall conduct a hearing, consistent with the resident'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 other residents or the resident himself from harm; (b) Whether the resident is incapable of giving informed consent to the proposed treatment; (c) Whether any less restrictive alternative treatment exists; and (d) Whether the proposed treatment carries any significant risk of permanent side effects. (4) Upon completion of the hearing, the court shall enter an appropriate judgment. The proposed treatment shall be authorized if supported by clear and convincing evidence. If the court denies the ICF/ID the right to administer the treatment in question, the ICF/ID may discharge the resident, unless an interdisciplinary team of the ICF/ID determines that an alternative treatment is available and acceptable to both the interdisciplinary team and the resident and would benefit the resident. Effective: July 12, 2012 History: Amended 2012 Ky. Acts ch. 146, sec. 56, effective July 12, 2012. -- Created 1990 Ky. Acts ch. 147, sec. 30, effective July 13, 1990.

KRS 202B.250 Review hearing -- Procedures -- Disposition -- Requested hearing by resident or certain persons

202B.250. Review hearing -- Procedures -- Disposition -- Requested hearing by resident or certain persons (1) No less than once in every five (5) years following the initial order for involuntary admission of a resident to an ICF/ID, or an order authorizing continued care and treatment following review pursuant to this section, the court shall hold a hearing to review the status of the resident and necessity for continued care and treatment in the ICF/ID. Notice at least twenty (20) days in advance of the hearing shall be provided by the court to the ICF/ID, county attorney, guardian or limited guardian of the resident, if any, or, if none, an immediate family member as listed on the last interdisciplinary report filed by the ICF/ID. The court shall appoint an attorney to represent the resident at the review hearing. (2) The review hearing may be informal and held in open court, in chambers, or at the ICF/ID. The hearing shall be held without a jury and the resident shall be entitled to present documentary evidence and witnesses and cross-examine witnesses against the resident. (3) At the conclusion of the review hearing, the court shall make written findings of fact concerning whether the criteria for involuntary admission set forth in KRS 202B.040 continue to be satisfied based upon clear and convincing evidence. If the court finds that the involuntary admission criteria continue to be satisfied, the court shall enter an order authorizing the continued care and treatment of the resident at the ICF/ID and shall establish the period within which the next review shall be held. Otherwise, the court shall enter an order requiring the resident to be discharged from the ICF/ID. (4) If at any point during the resident's placement at an ICF/ID it appears that the resident no longer meets the criteria for involuntary admission set forth in KRS 202B.040, the resident, the resident's parent, guardian or limited guardian, immediate family member, or attorney may request a review pursuant to this section. Effective: July 12, 2012 History: Amended 2012 Ky. Acts ch. 146, sec. 57, effective July 12, 2012. -- Created 1990 Ky. Acts ch. 147, sec. 24, effective July 13, 1990.

KRS 202B.260 Petition for writ of habeas corpus

202B.260. Petition for writ of habeas corpus At any time, and without notice, a person detained at a 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 Circuit Court issue a writ for release. Effective: July 13, 1990 History: Created 1990 Ky. Acts ch. 147, sec. 25, effective July 13, 1990.

KRS 202B.270 Convalescent leave status

202B.270. Convalescent leave status (1) A physician may release a resident on convalescent leave status when the interdisciplinary team concludes that the resident would not present a danger or a threat of danger to self, family, or others if provided with continued medical supervision in a less restrictive alternative mode of treatment. Release on convalescent leave status does not terminate a court admission order and shall include provisions for the development of a treatment plan jointly by the ICF/ID and by a provider of outpatient care for follow-up care by the provider and for the continual monitoring of that resident's condition by the provider. (2) The ICF/ID from which the resident is given convalescent leave status may at any time readmit the resident without additional court proceedings. If there is reason to believe that it is in the best interest of the resident to be readmitted, the secretary or an authorized staff physician of the ICF/ID may issue an order for the immediate readmission of the resident. The order, if not voluntarily complied with, shall, upon the endorsement by a judge of any court of the county in which the resident resides or is present, authorize any peace officer to take the resident into custody and transport the person to the responsible ICF/ID. Notice of readmission under this section shall be given to the originating court as soon as practicable and simultaneously with the order directing the readmission if possible. (3) Release on convalescent leave status shall not apply to persons held under admission orders arising out of KRS Chapter 504 unless consent of the appropriate court is obtained. Effective: July 12, 2012 History: Amended 2012 Ky. Acts ch. 146, sec. 58, effective July 12, 2012. -- Created 1990 Ky. Acts ch. 147, sec. 26, effective July 13, 1990.

KRS 202B.280 Peace officer authorized to take absent resident into custody and return resident to ICF/ID

202B.280. Peace officer authorized to take absent resident into custody and return resident to ICF/ID If a resident undergoing involuntary treatment on an inpatient basis is absent from the ICF/ID without or in excess of authorization from the ICF/ID staff, the person in charge or that person's designee may notify the appropriate sheriff or other peace officers who shall take the resident into custody and return the resident to the ICF/ID. Effective: July 12, 2012 History: Amended 2012 Ky. Acts ch. 146, sec. 59, effective July 12, 2012. -- Created 1990 Ky. Acts ch. 147, sec. 27, effective July 13, 1990.

KRS 202B.290 Respite care

202B.290. Respite care Upon recommendation or approval of the interdisciplinary team of an ICF/ID, a physician may admit for respite care an individual with an intellectual disability. Respite care provided to any individual with an intellectual disability under this section shall not exceed a total of thirty (30) days in any calendar year. Effective: July 12, 2012 History: Amended 2012 Ky. Acts ch. 146, sec. 60, effective July 12, 2012. -- Created 1990 Ky. Acts ch. 147, sec. 28, effective July 13, 1990.

KRS 202B.300 Return of Kentucky residents from other states -- Determination of need for further admission

202B.300. Return of Kentucky residents from other states -- Determination of need for further admission (1) Legal residents of the state who have become public charges in other states and have been returned to Kentucky because they have been involuntarily admitted may be immediately admitted to an ICF/ID at the request of the secretary or the secretary's designated representative. (2) Within seventy-two (72) hours, excluding weekends and holidays, of the admission date, the staff of the ICF/ID shall determine the need of the person for further admission. If two (2) qualified professionals in the area of intellectual disabilities, at least one (1) of whom is a physician, conclude that the person shall be involuntarily admitted, they shall file in the appropriate court a certification requesting involuntary admission procedures be initiated under the provisions of this chapter, unless the person has agreed to remain voluntarily and possesses the mental capacity to give informed consent for voluntary admission. Effective: July 12, 2012 History: Amended 2012 Ky. Acts ch. 146, sec. 61, effective July 12, 2012. -- Created 1990 Ky. Acts ch. 147, sec. 31, effective July 13, 1990.

KRS 202B.990 Penalties

202B.990. Penalties (1) The unwarranted admission of any person under the provisions of this chapter; or (2) The denial of any person of any of the rights accorded to him under the provisions of this chapter shall be punished by a fine not exceeding five thousand dollars ($5,000) or imprisonment for a term not to exceed five (5) years or both. (3) Any person who violates the confidentiality of any mental health record under the provisions of this chapter shall be guilty of a Class A misdemeanor. Effective: July 13, 1990 History: Amended 1990 Ky. Acts ch. 147, sec. 34, effective July 13, 1990. -- Created 1976 Ky. Acts ch. 328, sec. 9.

Source: Kentucky Legislative Research Commission (legislature.ky.gov)URL: https://apps.legislature.ky.gov/law/statutes/chapter.aspx?id=38121Fetched: 10/20/2026