casey’s law 

Casey’s law is the common name given to 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 needs for treatment due to their addiction. Casey’s Law allows parents, relatives, and/or friends to petition the court (called a “petitioner”) 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 circumstances of each individual case. The person seeking the involuntary treatment is obligated to pay all costs incurred in the process as well as all cost of treatment and must sign a guaranty of payment before the case begins. Costs incurred can be extensive, something the person seeking involuntary treatment should be aware of before signing the guaranty of payment.  Once the process begins, the petitioner cannot change their mind and the process cannot be stopped without a court order.

Under Casey’s law, a person suffering from drug or alcohol abuse will be ordered to undergo involuntary treatment if the Court finds:

1. The respondent suffers from alcohol or drug abuse;
2. The respondent presents an imminent threat of danger to 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
3. The respondent can reasonably benefit from treatment.

Process to Obtain Treatment

• A spouse, relative, friend or guardian may file a petition with the County Attorney.  The person filing the petition is called the Petitioner.  The person suspected of drug abuse is called the “respondent”.  The form is called “AOC-700A” and can be found in the packet at the County Attorney’s Office.
• When returning the Petition to the Grant County Attorney, you must have appointments scheduled with one physician and one Qualified Health Professional (defined in KRS 202A.0111 – see packet for a list of qualified professionals) who will evaluate the respondent.  They must be different people.
•  The petitioner must make the appointments.  The County Attorney’s Office cannot make those appointments for you.
•  After the petition is filed, the court reviews the allegations and will examine the Petitioner under oath.
•  If the Court determines there is probable cause to order treatment, the Court will set a hearing to determine if treatment should be ordered.  If the Court believes that there is probable cause for treatment, the respondent will be ordered to go to the appointments that the petitioner has already made.
•  The Respondent is notified of the date and purpose of the hearing.
•  The Respondent is evaluated by the two (2) Qualified Health Professionals.
•  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 opinions of the treating professionals.
•  The Petitioner is responsible for obtaining treatment services, transporting the Respondent to the treatment facility and is also financially responsible for payment of services.