KRS 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, spou se,

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 res idence 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 re spondent, 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 psycholog ical 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 pu rpose 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 qualif ied 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, w ithout 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 serv ing

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 pr obable

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 r espondent

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.