Kentucky Statutes 202A.0825 – Stay, vacation, or modification of court-ordered assisted outpatient treatment
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(1) At any time during the period of an order for court-ordered assisted outpatient treatment, the person subject to the order may move the court to stay, vacate, or modify the order.
(2) (a) As used in this subsection, “material change” means an addition or deletion of a category of services to or from a treatment plan.
(b) If a treating qualified mental health professional proposes a material change to the court-ordered treatment plan, he or she shall apply to the court for approval of the proposed change. Not later than five (5) days after receiving the application, excluding weekends and holidays, the court shall hold a hearing. If the person under order informs the court that he or she agrees to the proposed material change, the court may approve such change without a hearing.
(3) Within thirty (30) days of the expiration of an order for assisted outpatient treatment, the original petitioner may petition the court for an additional period of court-ordered assisted outpatient treatment. The procedures for the consideration of the petition shall be identical to the procedures provided in KRS § 202A.0811 to KRS § 202A.0831, except that the parties may mutually agree to waive the requirement of a new hearing. The person under order shall be represented by an attorney in responding to the petition for an additional period of court-ordered assisted outpatient treatment.
Effective:June 29, 2017
History: Created 2017 Ky. Acts ch. 154, sec. 10, effective June 29, 2017.
(2) (a) As used in this subsection, “material change” means an addition or deletion of a category of services to or from a treatment plan.
Terms Used In Kentucky Statutes 202A.0825
- Attorney: means attorney-at-law. See Kentucky Statutes 446.010
- Petitioner: means a person who institutes a proceeding under this chapter. See Kentucky Statutes 202A.011
- Qualified mental health professional: means :
(a) A physician licensed under the laws of Kentucky to practice medicine or
osteopathy, or a medical officer of the government of the United States while engaged in the performance of official duties. See Kentucky Statutes 202A.011 - Treatment: when used in a criminal justice context, means targeted interventions
that focus on criminal risk factors in order to reduce the likelihood of criminal behavior. See Kentucky Statutes 446.010
(b) If a treating qualified mental health professional proposes a material change to the court-ordered treatment plan, he or she shall apply to the court for approval of the proposed change. Not later than five (5) days after receiving the application, excluding weekends and holidays, the court shall hold a hearing. If the person under order informs the court that he or she agrees to the proposed material change, the court may approve such change without a hearing.
(3) Within thirty (30) days of the expiration of an order for assisted outpatient treatment, the original petitioner may petition the court for an additional period of court-ordered assisted outpatient treatment. The procedures for the consideration of the petition shall be identical to the procedures provided in KRS § 202A.0811 to KRS § 202A.0831, except that the parties may mutually agree to waive the requirement of a new hearing. The person under order shall be represented by an attorney in responding to the petition for an additional period of court-ordered assisted outpatient treatment.
Effective:June 29, 2017
History: Created 2017 Ky. Acts ch. 154, sec. 10, effective June 29, 2017.