Mental Health Petitions
Kentucky law allows relatives or friends of people who are in crisis because of substance abuse disorders or mental illness to lawfully intervene and request involuntary court-ordered treatment for their loved ones.
Steps in the Process
- A petition is filed with the district court clerk by a spouse, relative, friend, or guardian of the person in crisis.
- The court reviews the allegations in the petition and examines the petitioner under oath.
- The court determines whether there is probable cause to order treatment for the respondent.
- If probable cause is established, the court orders the respondent to be evaluated, and a hearing is set within fourteen (14) days.
- The respondent is notified of the date and purpose of the hearing.
- The respondent is evaluated by two (2) qualified health professionals, at least one (1) of whom is a physician.
- If the court finds the respondent should undergo treatment, the court shall order treatment for a period of sixty (60) to three hundred sixty (360) days, depending on the request in the petition and the result of the hearing.
FAQs
Research shows that involuntary treatment can be just as effective as voluntary recovery. Frequently, individuals facing severe substance use disorders only receive court-ordered help after an arrest. Because addiction can drive individuals to desperate measures, early intervention through Casey’s Law allows families to step in before the legal system does. Ultimately, court-ordered treatment saves lives, regardless of who initiates the process.
No. Denial and altered thinking are core symptoms of addiction, which often prevent individuals from making rational decisions about their own health. Waiting for someone to hit “rock bottom” can be life-threatening, as addiction is a progressive disease. Early intervention is often a person’s best hope for survival, allowing families to step in before a tragedy occurs.
Waiting for a loved one to be arrested carries massive risks. Many individuals struggling with severe substance use never enter the legal system, and those who do are not guaranteed access to the comprehensive treatment they actually need. Casey’s Law allows you to take immediate, proactive steps to get them help before a crisis escalates into legal trouble.
This law—commonly known as Casey’s Law—provides a vital pathway to intervene when a loved one is unable to recognize their own need for help due to the impact of addiction. It empowers parents, relatives, or friends to petition the court for life-saving treatment on their behalf. Once approved, treatment plans are tailored to meet the unique needs and circumstances of each individual.
If the individual refuses to comply with court-ordered evaluations or treatment, they may be held in contempt of court. In these situations, the court can issue a warrant to have law enforcement safely transport the individual to the designated evaluation or treatment facility to ensure they get the help they need.
The petitioner is legally obligated to pay for the costs associated with the Casey’s Law process and treatment. Fortunately, affordable help is available. Kentucky offers many free or low-cost treatment facilities, and local grassroots organizations can assist you in finding a program that fits your financial situation.
You can obtain a copy of the petition by visiting the district court clerk’s office and requesting Form #700A (the Verified Petition for Involuntary Treatment of Alcohol/Drug Abuse). The form is also available for download here, or you can pick up a copy at our office during normal business hours