KY HB 485

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Description

Amend KRS 202A.011 to define "benefit from treatment," "individual with a mental illness," and "severe mental illness"; remove "mentally ill person" and redefine "danger"; amend KRS 202A.028 to allow the Commonwealth to file an emergency motion to be heard within 48 hours regarding the hospitalization of an individual with a mental illness who has been found by a qualified mental health professional to not meet the criteria for involuntary hospitalization; amend KRS 202A.051 to allow a court to order a respondent to participate in outpatient psychiatric treatment; allow a court to require a hospital to notify the court and the Commonwealth if the hospital releases a person who is hospitalized; allow a court to order a person released from hospitalization to participate in outpatient psychiatric treatment; require that any petition filed under this section to expire in 30 days if it has not been served on the respondent; amend KRS 202A.061 to allow the Commonwealth to file an emergency motion to be heard within 48 hours regarding the hospitalization of an individual with a mental illness who has been found by a qualified mental health professional to not meet the criteria for involuntary hospitalization; create new sections of KRS Chapter 202A to require the court to appoint an outpatient provider for every person who is ordered to community-based outpatient treatment; require a multidisciplinary team to regularly monitor a person's adherence to community-based outpatient treatment; allow a court or an authorized staff physician to order a 72 hour emergency admission to a hospital for every person who fails to comply with an order for community-based outpatient treatment; require the court to conduct a review hearing no later than 72 hours prior to the expiration or request for early release by a hospital of a period of involuntary hospitalization for individuals who have been diagnosed with a severe mental illness and within the past 12 months been involuntarily committed to a hospital setting or have been found incompetent to stand trial within the past 12 months; amend KRS 202A.0819 to allow a court to order a person who is receiving assisted outpatient treatment to comply with any other reasonable conditions; amend KRS 202A.0823 to allow a court to determine if a person should be ordered to receive specific care in line with his or her treatment plan; amend KRS 202A.091 to allow a petitioner who qualifies as a responsible party under KRS 311.631 to participate in an involuntary hospitalization proceeding and receive the respondent's discharge plan; amend KRS 202A.101 to allow a person to be transported to a hospital without a copy of the petition for involuntary hospitalization when a court orders it under KRS 202A.028 and 202A.061; amend KRS 202C.010 to amend the definition of "evidentiary hearing"; amend "individual with a mental illness" and remove "mentally ill person"; amend KRS 202C.020 to establish the duties and pay for the guardian ad litem in a 202C proceeding; amend KRS 202C.030 to extend the date of the evidentiary hearing from 20 to 45 days, unless the court orders a later hearing date for good cause shown; prohibit the respondent from using the insanity defense; amend KRS 202C.040 to extend the date of the commitment hearing from 20 to 45 days, unless the court orders a later hearing date for good cause shown; establish the duties of the guardian ad litem; amend KRS 202C.050 to remove criteria to be committed under this chapter; amend KRS 202C.060 to provide that after the initial standard review hearing, subsequent review hearings shall occur once every 2 years unless a material change has occurred; require competency evaluations to be conducted at least once every 2 years; amend KRS 202C.130 to include notice of motions filed by forensic psychiatric facilities to the Commonwealth and all other parties of record; amend various sections to conform; repeal KRS 202A.081, relating to court-ordered community-based outpatient treatment.