Casey’s law is the common name given to the involuntary treatment of persons suffering from alcohol and drug abuse in Kentucky. Casey’s Law provides a means of intervention with someone who is unable to recognize his or her need for treatment due to their addiction. Casey’s Law allows parents, relatives, and/or friends (called a “petitioner”) to petition (link) the court for treatment on behalf of the person who is abusing alcohol and/or drugs (called a “respondent”).
The treatment options available under the law can vary depending on the circumstances of each individual case. The petitioner must sign a guarantee of payment, as they are obligated to pay all costs incurred in the process as well as the cost of treatment. Costs incurred can be extensive, something that the petitioner should be aware of before signing the guarantee of payment.
Under Casey’s Law, a person suffering from drug or alcohol abuse, known as the respondent, if the court finds:
The respondent suffers from alcohol or drug abuse:
The respondent presents an imminent threat of danger to their self, family or others as a result of alcohol or drug abuse, or there exists a substantial likelihood of such a threat of danger in the near future; and
The respondent will reasonably benefit from the treatment.
A spouse, relative, friend, or guardian may file a petition with the County Attorney. Complete Verified Petition – AOC 700A for 60/360 Day Involuntary Treatment (Substance Use Disorder). This petition can be used for a 72-hour hold, 60-day treatment, or 360-day treatment. You will need the following information:
File the petition with the Hopkins Circuit Clerk’s Office at the Hopkins County Justice Center, First Floor.
While filing the petition, the petitioner must provide the Clerk with the names of a physician and one qualified mental health professional to evaluate the respondent. A qualified health professional can include a mental health professional, alcohol and drug counselor, or physician. The petitioner must make the appointments. The County Attorney’s Office cannot do this for you.
The Court will give a copy of the petition to the petitioner and will mail a copy to the respondent. The sheriff will also serve the respondent with the petition as well.
After the Court reviews the allegations in the petition, the Court will examine the petitioner under oath to determine whether there is probable cause to believe the respondent presents a danger to self or others as a result of alcohol or drug abuse. If probable cause is established, the Court will order the respondent to be evaluated by the named qualified health professionals and set the matter for a hearing within fourteen (14) days.
The respondent must be examined by the health professionals at least 24 hours prior to the hearing date. Each will either file a report with the district court clerk or give a report to the petitioner to file with the district court clerk at least 24 hours prior to the hearing date.
The Court will hold a hearing after evaluations to determine if the respondent should undergo treatment. The Court may order treatment from sixty (60) days or up to three hundred sixty (360) days, depending upon the request in the petition, the result of the hearing, and the opinions of the treating professionals.
The petitioner is responsible for obtaining treatment services and transporting the respondent to the treatment facility.
