{"data":{"id":"us-ky/krs-202b.160","jurisdiction":"us-ky","citation":"KRS 202B.160","heading":"Hearing procedures -- Rights of guardians and immediate family","body":"members.\n(1) The preliminary hearing need not be formal and shall include the receiving of\nreports of the qualified professional in the area of intellectual disabilities as\nevidence. The hearing may be held by the court in chambers, at an ICF/ID, or other\nsuitable place. The respondent shall be afforded an opportunity to testify, to present\nwitnesses, and to cross-examine any witnesses. The respondent and the attorney for\nthe respondent may waive respondent's right to a preliminary hearing.\n(2) The final hearing may be conducted in an informal manner, consistent with orderly\nprocedures, and in a physical setting not likely to have a harmful effect on the\nmental or physical health of the respondent. The hearing may be held by the court in\nchambers, at an ICF/ID, or other suitable place. The respondent shall be afforded an\nopportunity to testify, to present, and cross -examine any witnesses. The manner of\nproceeding and the rules of evidence shall be the same as those in any criminal\nproceeding, except that the standard of proof shall be by clear and convincing\nevidence. Proceedings shall be heard by a judge unless a party requests a jury trial.\nNeither the respondent nor the respondent's attorney may waive the respondent's\nright to a final hearing.\n(3) Guardians and imme diate family members of the respondent shall be allowed to\nattend all hearings, conferences or similar proceedings; may be represented by\nprivate counsel, if desired; may participate in the hearings or conferences as if a\nparty to the proceedings; may cros s-examine witnesses if desired; and shall have\nstanding to appeal any adverse decision.","path":["KRS Chapter 202B"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=40780","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:52:00Z","sha256":"3ddb9d65eb86c9b6fcd42b25ebdfb72d9491a105b57f57e40c9cd3f4336cb0a3","source_id":"us-ky","stale":false,"prev":"us-ky/krs-202b.150","next":"us-ky/krs-202b.170"},"notice":"GroundRules: Original legal text. Not legal advice."}