Kentucky Severe Mental Illness Information, Laws, & Helpful Resources

KY. REV. STAT. ANN. § 202A.041(1). Any peace officer who has reasonable grounds to believe that an individual [meets the criteria for emergency evaluation] shall take the individual into custody and transport the individual without unnecessary delay to a hospital or psychiatric facility … for the purpose of an evaluation to be conducted by a qualified mental health professional. KY. REV. STAT. ANN. § 202A.031(1). An authorized staff physician may order the admission of any person who is present at, or is presented at, a hospital. Within twenty-four hours (excluding weekends and holidays) of the admission under this section, the authorized staff physician ordering the admission of the individual shall certify in the record of the individual that in his opinion the individual should be involuntarily hospitalized. KY. REV. STAT. ANN. § 202A.028(1). Following an examination by a qualified mental health professional and a certification by that professional that the person meets the criteria for involuntary hospitalization, a judge may order the person hospitalized for a period not to exceed seventy-two (72) hours, excluding weekends and holidays.

KY. REV. STAT. ANN. § 202A.051(3). The petition shall be filed by a qualified mental health professional, peace officer, county attorney, Commonwealth's attorney, spouse, relative, friend, or guardian of the individual concerning whom the petition is filed, or any other interested person. KY. REV. STAT. ANN. § 202A.026. No person shall be involuntarily hospitalized unless such person is a mentally ill person: (1) Who presents a danger or threat of danger to self, family or others as a result of the mental illness; (2) Who can reasonably benefit from treatment; and (3) For whom hospitalization is the least restrictive alternative mode of treatment presently available. KY. REV. STAT. ANN. § 202A.011(2). "Danger" or "threat of danger to self, family or others" means substantial physical harm or threat of substantial physical harm upon self, family, or others, including actions which deprive self, family, or others of the basic means of survival including provision for reasonable shelter, food or clothing.

Ky. Rev. Stat. Ann. § 202A.0815. No person shall be court-ordered to assisted outpatient mental health treatment unless the person: 1. Is diagnosed with a serious mental illness; 2. Has a history of repeated nonadherence with mental health treatment, which has: (a) At least twice within the last forty-eight (48) months, been a significant factor in necessitating hospitalization or arrest of the person; or (b) Within the last twenty-four (24) months, resulted in an act, threat, or attempt at serious physical injury to self or others; 3. Is unlikely to adequately adhere to outpatient treatment on a voluntary basis based on a qualified mental health professional’s: (a) Clinical observation; and (b) Identification of specific characteristics of the person’s clinical condition that significantly impair the person’s ability to make and maintain a rational and informed decision as to whether to engage in outpatient treatment voluntarily; and 4. Is in need of court-ordered assisted outpatient treatment as the least restrictive alternative mode of treatment presently available and appropriate.