With our treatment centers in various locations in the Midwest, including Kentucky, we at Impact Wellness Network often get asked about Kentucky’s forced mental health treatment law. Also known as civil commitment or involuntary hospitalization, this law provides a legal framework for compelling individuals with severe mental illnesses to undergo treatment when they pose a danger to themselves or others.
Enactment and Purpose of the Law
The law governing involuntary mental health treatment in Kentucky has been finetuned over several decades with the most significant revision occurring in 1982 under the Kentucky Revised Statutes (KRS), specifically § 202A.026, which outlines the procedures and criteria for involuntary hospitalization. The primary purpose of this law is to address situations where individuals are unable or unwilling to seek help voluntarily (i.e. go to detox, addiction treatment, or receive mental healthcare) due to their mental state. It aims to ensure those who are in crisis receive the necessary care while also safeguarding the community.
Criteria for Involuntary Hospitalization
For involuntary hospitalization to occur in Kentucky, specific criteria must be met. An individual can be involuntarily hospitalized if:
- They are diagnosed with a mental illness and as a result, present a danger to themselves, family, or others.
- They can reasonably benefit from treatment.
- It is proven that the individual is unlikely to seek voluntary treatment.
- The involuntary commitment is the least restrictive option available.
Key Provisions of the Law
The law includes several crucial provisions designed to protect the rights of individuals while ensuring they receive the required treatment. These include:
Evaluation and examination
Before being committed, the individual must be evaluated by a qualified mental health professional to determine if they meet the criteria for involuntary hospitalization.
Emergency detention
In cases where an individual poses an immediate threat, law enforcement or a mental health professional can initiate emergency detention and take the individual to a hospital or mental health facility where they can be held for up to 72 hours for evaluation and stabilization.
Hearing and representation
Within 14 days of an individual’s detention, a court hearing is required to determine whether continued hospitalization is necessary. The individual has the right to legal representation and to present evidence in their defense during the hearing.
Involuntary commitment
If a person is determined to need involuntary hospitalization, a court can order it.
Rights of the Individual During Commitment
Individuals who are involuntarily committed have various rights including:
- The right to legal representation by an attorney.
- The right to a hearing to challenge the commitment.
- The right to receive appropriate treatment.
- The right to request a second opinion regarding their diagnosis and treatment.
- The right to appeal the court’s decision and seek discharge if they no longer meet the criteria for involuntary hospitalization.
- The right to visits from family and friends.
Ensuring Accessible and Effective Care
Through our various locations in Indiana, Kentucky, Ohio, Missouri, and Virginia, we at Impact Wellness Network are committed to providing accessible and effective addiction treatment and mental health care. If you or someone you know needs mental health support, reach out to one of our treatment centers today and discover how we can help you on the path to recovery.