{"data":{"id":"us-ky/krs-202b.100","jurisdiction":"us-ky","citation":"KRS 202B.100","heading":"Proceedings for involuntary admission -- Petition -- Duties of court --","body":"Disposition.\n(1) Proceedings for involuntary admission of a person to an ICF/ID shall be initiated by\nthe filing of a verified petition in 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 professional in the area of intellectual\ndisabilities, peace officer, county attorney, Commonwealth's attorney, spou se,\nrelative, friend, or guardian of the person concerning whom the petition is filed.\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 res idence 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 re spondent, if\nany, or if no such person is known, the name and residence of a near relative\nor that such person is unknown;\n(f) Documentation by the petitioner that the respondent has an intellectual\ndisability that shall include the findings of a psycholog ical examination or\nassessment completed in a reasonable time prior to the filing of the petition\nthat documents a Full Scale IQ in the moderate to severe range of an\nintellectual disability. If the court finds that a more current psychological\nexamination or assessment is necessary, the court shall order such\nexamination; and\n(g) Petitioner's belief, including the factual basis therefor, that the respondent\npresents a danger or threat of danger to self, family, or others if not admitted\nto an ICF/ID.\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 professional in the area of\nintellectual disabilities, 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 admitted, the court shall:\n(a) Set a date for a preliminary hearing;\n(b) Notify the respondent, the respondent's legal guardian, if any, and if known,\nand the respondent's spouse, parents, or nearest relative or friend concerning\nthe allegations and contents of the petition and the date and pu rpose 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)\nprofessionals, one (1) of whom is a qualif ied professional in the area of\nintellectual disabilities and one (1) of whom is a licensed psychiatrist,\npsychologist, or physician with special training and experience in serving\nindividuals with an intellectual disability. One (1) of the professionals shall be\nfrom the community, and one (1) shall be an employee of a state operated\nICF/ID facility. The qualified professional in the area of intellectual\ndisabilities shall certify his or her findings within twenty -four (24) hours,\nexcluding weekends and holidays.\n(7) (a) If the respondent is presently residing in an ICF/ID under the provisions of\nthis chapter, the court may allow continued further residence therein for the\nrespondent to accomplish the examination ordered by the court.\n(b) If the respondent is not currently residing in an ICF/ID under the provisions of\nthis chapter, the court may order the respondent, the respondent's guardian, or\nany person or entity exercising custodial control of the respondent to submit\nthe respondent to an examination, w ithout unnecessary delay, by two (2)\nprofessionals, one (1) of whom is a qualified professional in the area of\nintellectual disabilities and one (1) of whom is a licensed psychiatrist,\npsychologist, or physician with special training and experience in serv ing\nindividuals with an intellectual disability. One (1) of the professionals shall be\nfrom the community, and one (1) shall be an employee of a state -operated\nICF/ID facility.\n(8) If, upon completion of the preliminary hearing, the court finds there is pr obable\ncause to believe the respondent should be involuntarily admitted, the court shall\norder a final hearing to determine if the respondent should be involuntarily\nadmitted.\n(9) If the court finds there is no probable cause, the proceedings against the r espondent\nshall be dismissed, and the respondent shall be released from the ICF/ID.\n(10) If, upon completion of the final hearing, the court finds the respondent should be\ninvoluntarily admitted, the court shall order the respondent admitted in an ICF/ID\nfor an indeterminate period. The order shall also specify the period within which the\ninitial review pursuant to KRS 202B.250.","path":["KRS Chapter 202B"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=40776","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:52:00Z","sha256":"cf323d647f8b4bd813a90898fc213af4490e781ffa9af1821944bd49a2d2ed3c","source_id":"us-ky","stale":false,"prev":"us-ky/krs-202b.080","next":"us-ky/krs-202b.110"},"notice":"GroundRules: Original legal text. Not legal advice."}