{"data":{"id":"us-ky/krs-202a.051","jurisdiction":"us-ky","citation":"KRS 202A.051","heading":"Proceedings for 60 -day and 360 -day involuntary hospitalizations --","body":"Petition contents.  (Effective until October 1, 2026)\n(1) Proceedings for sixty (60) days or three hundred sixty (360) days of involuntary\nhospitalization of an individual shall be initiated by the filing of a verified petition\nin District Court.\n(2) The petition and all subsequent court documents shall be entitled: \"In the interest of\n(name of respondent).\"\n(3) The petition shall be filed by a qualified mental health professional , peace officer,\ncounty attorney, Commonwealth's attorney, spouse, relative, friend, or guardian of\nthe individual concerning whom the petition is filed, or any other interested person.\n(4) The petition shall set forth:\n(a) Petitioner's relationship to the respondent;\n(b) Respondent's name, residence, and current location, if known;\n(c) The name and residence of respondent's parents, if living and if known, or\nrespondent's legal guardian, if any and if known;\n(d) The name and residence of respondent's husband or wife, if any and if known;\n(e) The name and residence of the person having custody of the respondent, if\nany, or if no such person is known, the name and residence of a near relative\nor that the person is unknown;\n(f) Petitioner's belief, including t he factual basis therefor, that the respondent is\nmentally ill and presents a danger or threat of danger to self, family or others\nif not restrained; and\n(g) If the petition seeks a three hundred sixty (360) day involuntary\nhospitalization of the respondent, the petition shall further set forth that the\nrespondent has been hospitalized in a hospital or a forensic psychiatric facility\nfor a period of thirty (30)  days under the provisions of this chapter or KRS\nChapter 504 within the preceding six (6) months.\n(5) Upon receipt of the petition, the court shall examine the petitioner under oath as to\nthe contents of the petition. If the petitioner is a qualified ment al health\nprofessional, the court may dispense with the examination.\n(6) If after reviewing the allegations contained in the petition and examining the\npetitioner under oath, it appears to the court that there is probable cause to believe\nthe respondent should be involuntarily hospitalized, the court shall, unless either the\ncourt or one (1) of the parties objects, implement the procedures provided in KRS\n202A.028 and order the individual to be examined without unnecessary delay by a\nqualified mental health  professional. If the person is not being held under the\nprovisions of this chapter, the court may order that the sheriff of the county or other\npeace officer transport the person to a hospital or psychiatric facility designated by\nthe cabinet for the purpose of the evaluation. The sheriff or other peace officer may,\nupon agreement of a person authorized by the peace officer, authorize the cabinet, a\nprivate agency on contract with the cabinet, or an ambulance service designated by\nthe cabinet to transport the person to a hospital or psychiatric facility. Following\nthat, the procedures as set forth in KRS 202A.028 shall be carried out. Otherwise,\nthe court shall:\n(a) Set a date for a preliminary hearing within six (6) days from the date of\nholding the person  under the provisions of this section (excluding holidays\nand weekends) to determine if there is probable cause to believe the person\nshould be involuntarily hospitalized;\n(b) Notify the respondent, the legal guardian, if any, and if known, and the\nspouse, parents, or nearest relative or friend of the respondent concerning the\nallegations and contents of the petition and the date and purpose of the\npreliminary hearing; and the name, address, and telephone number of the\nattorney appointed to represent the respondent; and\n(c) Cause the respondent to be examined without unnecessary delay by two (2)\nqualified mental health professionals, at least one (1) of whom is a physician.\nThe qualified mental health professionals shall certify within twenty -four (24)\nhours (excluding weekends and holidays) their findings.\n(7) (a) If the respondent is being presently held under the provisions of this chapter,\nthe court may order further holding of the respondent to accomplish the\nexamination ordered by the court.\n(b) If the respondent is not being presently held under the provisions of this\nchapter, the court may order that the sheriff of the county or a peace officer\ntransport the respondent to a hospital or a psychiatric facility designated by\nthe cabinet so that the respon dent shall be examined without unnecessary\ndelay by two (2) qualified mental health professionals, at least one (1) of\nwhom is a physician. The sheriff or other peace officer may authorize, upon\nagreement of a person authorized by the peace officer, the ca binet, a private\nagency on contract with the cabinet, or an ambulance service designated by\nthe cabinet to transport the person to a hospital or psychiatric facility.\n(8) When the court is authorized to issue an order that the respondent be transported to\na hospital or psychiatric facility, the court may, in its discretion, issue a summons.\nA summons so issued shall be directed to the respondent, shall command the\nrespondent to appear at a time and place therein specified where the respondent\nshall be there  examined by two (2) qualified mental health professionals, at least\none (1) of whom is a physician, and shall command the respondent's appearance at\nthe preliminary hearing. If a respondent who has been summoned fails to appear for\nsuch examination or at the preliminary hearing, the court may order that the sheriff\nof the county or a peace officer transport the respondent to a hospital or psychiatric\nfacility designated by the cabinet for the purpose of an evaluation.\n(9) If upon completion of the prelimin ary hearing, the court finds there is probable\ncause to believe the respondent should be involuntarily hospitalized, the court shall\norder a final hearing within twenty -one (21) days from the date of holding the\nrespondent under the provisions of this sect ion to determine if the respondent\nshould be involuntarily hospitalized.\n(10) If the court finds there is no probable cause, the proceedings against the respondent\nshall be dismissed, and the respondent shall be released from any holding.\n(11) If upon comp letion of the final hearing, the court finds the respondent should be\ninvoluntarily hospitalized, the court shall order the respondent hospitalized in a\nhospital for a period not to exceed sixty (60) consecutive days from the date of the\ncourt order or a p eriod not to exceed three hundred sixty (360) consecutive days\nfrom the date of the court order, whatever was the period of time that was requested\nin the petition.\nEffective: July 15, 1994","path":["KRS Chapter 202A"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=7450","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:51:58Z","sha256":"5c853409fd6cfb1986ede91e0497aec02349ee04e6587624b2116bd66fc736be","source_id":"us-ky","stale":false,"prev":"us-ky/krs-202a.050","next":"us-ky/krs-202a.053"},"notice":"GroundRules: Original legal text. Not legal advice."}