Are you a resident of Kentucky wondering what Casey’s Law is and how it can help your loved one struggling with addiction? Look no further! We’ve got all the information you need to know about this powerful legal tool that can save lives.
From its origins to its requirements, we’ll walk you through everything you need to understand about Casey’s Law in Kentucky. So grab a cup of coffee and settle in— let’s dive into the world of Casey’s Law together.
What Is Casey’s Law?
In 2004, Kentucky passed a law called Casey’s Law. The law is named after Casey Wethington, a young man who died of a drug overdose in 2002. Casey’s Law allows parents or guardians to petition the court for an involuntary commitment order for drug treatment.
The goal of Casey’s Law is to provide help for those who are struggling with addiction and are not able to help themselves. If the court grants an involuntary commitment order, the person will be required to undergo drug treatment.
Casey’s Law is an important tool in the fight against addiction. It provides families with a way to get help for their loved ones who are struggling with addiction.
What Are The Requirements For Casey’s Law In Kentucky?
In order for a person to be involuntarily committed under Casey’s Law in Kentucky, that person must meet certain requirements. The person must be:
- Suffering from mental illness or alcohol/drug abuse
- A danger to themselves or others
- Unable to appreciate the nature and quality of their acts
These all have to be proven to a judge. In the past, the burden of proof was simply, “probably cause”. Now these things must be proven “beyond a reasonable doubt” which is a higher burden of proof.
Another way to put this is each of the requirements above must be proven to a judge, beyond a reasonable doubt. A judge will also consider whether involuntary commitment is the least restrictive option available to protect the individual and others from harm.
How Does Casey’s Law Work In Kentucky?
A petition can be filed by a family member or law enforcement officer, and the individual will undergo a mental health evaluation. If the evaluation finds that the individual is a danger to themselves or others, they can be court-ordered to receive treatment.
In order to invoke Casey’s Law in Kentucky, an individual must first file a petition with the court. For this, you will likely need a lawyer, although petitions can be filed with the local court without a law degree. Medicaid will also likely pay for the treatment.
These petitions are done by the circuit court of each county. Here is a link to the Kentucky courts website. You’ll want to find the address and contact information of the circuit court in your county.
You’ll also select a provider for mental health treatment and evaluation. Your loved one will have to be evaluated within 10 days of filing the petition, but if the appointments are listed on the petition they can be mandated by the court to attend.
Please note, Journey Pure offers these appointments in the easiest manner possible, and if you need some more guidance on how to invoke the law, please give us a call.
You can find a link to the petition itself here.
The petition must be accompanied by a mental health evaluation performed by a licensed mental health professional within 10 days. The evaluation must include a diagnosis of the petitioner’s mental illness, as well as a determination that the petitioner is a danger to themselves or others.
Once the petition is filed, a hearing will be scheduled where both the petitioner and their mental health professional will testify. If the court finds that the petitioner meets the criteria for Casey’s Law, they will be committed to involuntary treatment.
What Are The Benefits Of Casey’s Law In Kentucky?
The goal of Casey’s Law is to provide addicts with the opportunity to get help before it’s too late. Once an ITO is granted, the addict must undergo a psychological evaluation and, if deemed necessary, start treatment within 14 days. If they refuse treatment, they can be held in contempt of court and sent to jail.
Casey’s Law has been credited with saving lives and getting people into treatment who may not have otherwise sought help. It gives families a way to intervene when their loved ones are in danger and provides addicts with much-needed structure and support during early recovery.
Get A Casey’s Law Evaluation In Kentucky At Journey Pure
Casey’s Law is a powerful tool for families in Kentucky who are dealing with the heartbreaking reality of a loved one struggling with addiction. It allows them to seek help from the court system when traditional methods have failed, giving their family members access to treatment and recovery support that can be life-saving.
By providing an avenue for these individuals to receive care, we hope that more people will be able to break free from their addictions and reclaim control over their lives.
If you would like more information on how to invoke Casey’s Law or would like to get a loved one into treatment, please call us at (888) 985-2207. We have locations across Kentucky to serve you and your family.
- 14 years in the field