Casey’s Law in Kentucky lets a spouse, relative, friend, or guardian ask a district court to order a loved one into substance abuse treatment when addiction has left that person unable to seek help on their own. The petitioner has to guarantee the cost of treatment, and a judge will only sign the order after a hearing where the case is proven beyond a reasonable doubt.1Kentucky Legislative Research Commission. KRS 222.433
Who Can File and What They Agree To
Only a spouse, relative, friend, or guardian may file the petition. No one outside that group has standing, no matter how concerned they are.2Kentucky Legislative Research Commission. KRS 222.432
Filing also means signing a guarantee to pay for all costs of the treatment the court orders. That financial commitment is part of the petition itself, not something you decide about later.2Kentucky Legislative Research Commission. KRS 222.432
What a Judge Has to Find
Before ordering treatment, the court has to be convinced of three things about the person named in the petition:3Kentucky Legislative Research Commission. KRS 222.431
- They suffer from a substance use disorder.
- They present an imminent threat of danger to themselves, their family, or others, or there is a substantial likelihood of such a threat in the near future.
- They can reasonably benefit from treatment.
The standard of proof is unusually high for a civil matter. The judge must find these things beyond a reasonable doubt, the same standard used in criminal cases.1Kentucky Legislative Research Commission. KRS 222.433
How the Petition Moves Through Court
The case starts with a verified petition filed in district court. It has to spell out the petitioner’s relationship to the person and the facts behind the belief that the person has a substance use disorder and is a danger. The court reviews the allegations and examines the petitioner under oath.2Kentucky Legislative Research Commission. KRS 222.4321Kentucky Legislative Research Commission. KRS 222.433
If the court finds probable cause, a hearing is set within 14 days. Two qualified health professionals must examine the person, and at least one has to be a physician. Those examinations happen no later than 24 hours before the hearing, and the examiners certify their findings to the court.1Kentucky Legislative Research Commission. KRS 222.433
At the hearing, if the judge finds the standard met, the court can order treatment for up to 60 days or up to 360 days, depending on what the petition asked for.1Kentucky Legislative Research Commission. KRS 222.433
The Respondent’s Rights and How a Case Can End
The person named in the petition has to be notified of the allegations and the purpose of the hearing, and can take part in the proceedings.1Kentucky Legislative Research Commission. KRS 222.433 The court appoints an attorney to represent them, and that lawyer stays on unless the person hires private counsel.4Kentucky Legislative Research Commission. KRS 202A.121
A case can end short of a treatment order in two ways. If the court does not find probable cause, it must dismiss the case. And the petitioner can withdraw the petition at any point; once withdrawn, the proceedings end and the case is dismissed.1Kentucky Legislative Research Commission. KRS 222.433