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Kentucky Verified Petition for Involuntary Hospitalization

State:
Kentucky
Control #:
KY-SKU-0088
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PDF
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Verified Petition for Involuntary Hospitalization

The Kentucky Verified Petition for Involuntary Hospitalization is a legal process used to obtain court authorization for involuntary hospitalization of a person who is believed to be mentally ill and in need of involuntary treatment. It is also known as an Involuntary Commitment (IOC) petition. The Kentucky Verified Petition for Involuntary Hospitalization has two main types: an Emergency Petition and a Regular Petition. The Emergency Petition is filed when a person is believed to be mentally ill and is in need of immediate hospitalization due to a serious risk of physical harm or suicide. The petition must be filed by an attending physician, a mental health professional, or a law enforcement officer, and must be verified by two additional persons who have observed the person's behavior and can attest to the facts in the petition. The Regular Petition is filed when a person is believed to be mentally ill and is in need of hospitalization, but not immediately. The petition must be filed by an attending physician, a mental health professional, or a family member, and must be verified by two additional persons who have observed the person's behavior and can attest to the facts in the petition. In either case, the petition will be reviewed by a judge who will decide if it is appropriate to authorize the involuntary hospitalization. If authorized, the person will be taken to a hospital for treatment.

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FAQ

If your physician feels that you present a danger or a threat of danger to yourself or others, your physician has the right to hold you up to 48-72 hours (excluding weekends and holidays) and to start court action against you to force you to stay in the hospital.

(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.

A petition for involuntary hospitalization must be filed by a family member or other concerned individual in the District Court of the county where the person to be hospitalized lives or is present at the time of filing.

(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.

Mandatory Treatment Laws in Kentucky Like every state, Kentucky has civil commitment laws that establish criteria for determining when involuntary treatment is appropriate for individuals with severe mental illness who cannot seek care voluntarily.

(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. Effective: July 1, 1982 History: Created 1982 Ky.

If your physician feels that you present a danger or a threat of danger to yourself or others, your physician has the right to hold you up to 48-72 hours (excluding weekends and holidays) and to start court action against you to force you to stay in the hospital.

A petition for involuntary hospitalization must be filed by a family member or other concerned individual in the District Court of the county where the person to be hospitalized lives or is present at the time of filing.

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Kentucky Verified Petition for Involuntary Hospitalization