Casey’s Law in Kentucky lets a spouse, relative, friend, or guardian petition a district court to order a loved one into substance use treatment against their will. The judge can order treatment only after a hearing, and only if the evidence meets a criminal-level burden of proof. The person who files also has to sign a guarantee to pay for the treatment the court orders.1Kentucky Legislative Research Commission. KRS 222.4322Kentucky Legislative Research Commission. KRS 222.433
Who Can File a Petition
Only a spouse, relative, friend, or legal guardian of the person struggling with addiction can file. The petitioner must sign a guarantee to pay for all costs associated with the court-ordered treatment before the case proceeds.1Kentucky Legislative Research Commission. KRS 222.432
What the Judge Has to Find
A judge will not order treatment unless the evidence shows all three of the following:3Kentucky Legislative Research Commission. KRS 222.431
- The person suffers from a substance use disorder.
- The person presents 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.
- The person can reasonably benefit from treatment.
The standard of proof is proof beyond a reasonable doubt, which is the same standard used in criminal cases and considerably higher than the standard that applies in most civil matters.2Kentucky Legislative Research Commission. KRS 222.433
How the Court Process Works
The process begins when the petitioner files a verified petition in district court. The petition has to state the petitioner’s relationship to the individual and the factual basis for believing the person has a substance use disorder and is dangerous. The court reviews the petition and examines the petitioner under oath.1Kentucky Legislative Research Commission. KRS 222.4322Kentucky Legislative Research Commission. KRS 222.433
If the court finds probable cause, it schedules a hearing within 14 days. Before the hearing, the individual must be examined by two qualified health professionals, at least one of whom is a physician. Those examinations have to take place no later than 24 hours before the hearing, and the professionals certify their findings to the court.2Kentucky Legislative Research Commission. KRS 222.433
At the end of the hearing, if the judge finds the criteria are met beyond a reasonable doubt, the court can order treatment for up to 60 days or up to 360 days, depending on what the petition requested.2Kentucky Legislative Research Commission. KRS 222.433
Rights of the Person Named in the Petition
The court must notify the individual of the allegations in the petition and the purpose of the hearing so they can participate in the proceedings.2Kentucky Legislative Research Commission. KRS 222.433
The court appoints an attorney to represent the individual. That attorney stays on the case unless the person hires private counsel.4Kentucky Legislative Research Commission. KRS 202A.121
The individual can contest the petition at the hearing by challenging whether the evidence actually meets the beyond-a-reasonable-doubt standard, including the accuracy of the petitioner’s statements and the findings of the examining health professionals.2Kentucky Legislative Research Commission. KRS 222.433
When the Case Ends Without a Treatment Order
If the court does not find probable cause at the initial review, the case has to be dismissed. The petitioner can also withdraw the petition at any point in the process, and withdrawal ends the proceedings immediately.2Kentucky Legislative Research Commission. KRS 222.433