KRS 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 he aring 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 a n 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 evi dence 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.