{"data":{"id":"us-ky/krs-645.120","jurisdiction":"us-ky","citation":"KRS 645.120","heading":"Emergency hospitalization.","body":"(1) If, as a result of mental illness, a child appears in need of immediate hospitalization\nfor observation, diagnosis, or treatment, a peace officer or any interested person\nmay either take the child to a hospital, mental health facility, or another less\nrestrictive alternative or file a petition for emergency hospitalization. Upon filing a\npetition, a peace officer may place a child up to twenty -four (24) hours, excluding\nweekends and holidays, in a hospital or mental health facility or another less\nrestrictive alternative. The peace officer shall notify the court designated worker of\nthe child's placement. Within twelve (12) hours, the peace officer shall, if no other\nparty can be found, file a petition, unless the child has been taken to a hospital. No\nchild held under this section shall be held in a secure juvenile detention facility\nunless a status offense action or public offense action is also pending.\n(2) On the basis of a prompt examination and any other available information\nconcerning a child who is p resent at or presented at a hospital, an authorized staff\nphysician shall determine within twenty -four (24) hours if the child needs\nimmediate hospitalization after which the child shall be released within seventy-two\n(72) hours unless the child is held pursuant to other provisions of this chapter.\n(a) The hospital may accept physical custody of the child and may request the\nperson who brought the child to remain on the premises until the authorized\nstaff physician makes a determination;\n(b) If the authorized staff physician determines that the child, as a result of mental\nillness, appears to need immediate hospitalization, the physician shall admit\nthe child for observation, diagnosis, and treatment, and shall, if he deems it\nappropriate, file a certificati on petition. If the proponent of emergency\nhospitalization is not the child's legal custodian, the hospital shall immediately\nnotify the child's parent or other person exercising custodial control or\nsupervision including, if applicable, the state; and\n(c) If the authorized staff physician determines the child does not need immediate\nhospitalization, the physician shall release the child to a parent, person\nexercising custodial control or supervision, or an agency having custody of the\nchild and make whatev er recommendations or referrals the physician deems\nappropriate.\n(3) The petition for emergency hospitalization shall state the petitioner's belief,\nincluding its factual basis, that the child, as a result of mental illness, needs\nimmediate hospitalization for observation, diagnosis, and treatment. Within twenty -\nfour (24) hours of the filing, exclusive of weekends and holidays, the court shall on\nan ex parte basis, which may be by telephone:\n(a) Deny the petition; or\n(b) Issue an order authorizing a peace officer to transport the child to a designated\nhospital or mental health facility for evaluation for emergency hospitalization,\nat which time two (2) qualified mental health professionals, at least one (1) of\nwhom is an authorized staff physician, shall follow the procedures specified in\nsubsection (2) of this section. If the child is committed to the cabinet or will\nbe treated by the cabinet, the court shall notify the cabinet of its order at once\nand shall also advise the cabinet of the sex and condition of the child who is to\nbe transported. The peace officer may, upon agreement of a person authorized\nby the peace officer, authorize the cabinet, a private agency on contract with\nthe cabinet, or an ambulance service designated by the cabinet to transport th e\nchild to a hospital or mental health facility. The cabinet shall pay the\ntransportation costs of the child and the official transporting the child, both to\nand from the designated hospital or mental health facility, in accordance with\nan administrative r egulation promulgated under KRS Chapter 13A. If, after\nevaluation, the qualified mental health professional finds that the child does\nnot meet the criteria for involuntary hospitalization, the child shall be released\nimmediately and transported back to the  child's home county by an\nappropriate means of transportation.\n(4) An emergency hospitalization of a child may not exceed seven (7) days, exclusive\nof weekends and holidays, unless a certification petition is filed before the seven (7)\ndays expire.","path":["KRS Chapter 645"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=43979","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T21:00:10Z","sha256":"5c11a31b2913a1f9ae709327d650ac548a6a9fc12a30ce40d324ccea75285b84","source_id":"us-ky","stale":false,"prev":"us-ky/krs-645.110","next":"us-ky/krs-645.130"},"notice":"GroundRules: Original legal text. Not legal advice."}