{"data":{"id":"us-ky/krs-202a.0819","jurisdiction":"us-ky","citation":"KRS 202A.0819","heading":"Due process and support requirements -- Conduct of hearing -- Ruling","body":"on petition -- Reports.    (Effective until October 1, 2026)\n(1) At a hearing and at all stages of a proceeding for court -ordered assisted outpatient\ntreatment, the respondent shall be:\n(a) Represented by counsel;\n(b) Accompanied by a peer support specialist or other person in a support\nrelationship, if requested by the respondent; and\n(c) Afforded an opportunity to present evidence, call witnesses on his or her\nbehalf, and cross-examine adverse witnesses.\n(2) If a respondent does not appear at the hearing, and appropriate attempts to elicit the\nrespondent's appearance have failed, the court may conduct the hearing in the\nrespondent's absence.\n(3) A qualified mental health profe ssional who recommends court -ordered assisted\noutpatient treatment for the respondent shall:\n(a) Testify at the hearing, in person or via electronic means;\n(b) State the facts and clinical determinations which support the allegation that\nthe respondent meets the criteria stated in KRS 202A.0815; and\n(c) Testify in support of the treatment plan provided pursuant to KRS 202A.0817,\nand for each category of proposed evidence -based treatment, he or she shall\nstate the specific recommendation and the clinical bas is for his or her belief\nthat such treatment is essential to the maintenance of the respondent's health\nor safety.\n(4) If after hearing all relevant evidence, the court does not find by clear and\nconvincing evidence that the respondent meets the criteria s tated in KRS\n202A.0815, the court shall deny the petition and the proceedings against the\nrespondent shall be dismissed.\n(5) If after hearing all relevant evidence, the court finds by clear and convincing\nevidence that the respondent meets the criteria stated in KRS 202A.0815, the court\nmay order the respondent to receive assisted outpatient treatment for a period of\ntime not to  exceed three hundred sixty (360) days. The court's order shall\nincorporate a treatment plan, which shall be limited in scope to the\nrecommendations included in the treatment plan provided by the qualified mental\nhealth professional pursuant to KRS 202A.0817.\n(6) The court shall report every order for assisted outpatient treatment issued under this\nsection to the Department for Behavioral Health, Developmental and Intellectual\nDisabilities.\nEffective: June 27, 2019","path":["KRS Chapter 202A"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=48980","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:51:59Z","sha256":"2a6b76543ca57a8c94b35f8564d9bd08d0dc0894a6a6507ef746a6fbb0842132","source_id":"us-ky","stale":false,"prev":"us-ky/krs-202a.0817","next":"us-ky/krs-202a.0821"},"notice":"GroundRules: Original legal text. Not legal advice."}