Kentucky Statutes 202B.160 – Hearing procedures — Rights of guardians and immediate family members
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(1) The preliminary hearing need not be formal and shall include the receiving of reports of the qualified professional in the area of intellectual disabilities as evidence. The hearing may be held by the court in chambers, at an ICF/ID, or other suitable place. The respondent shall be afforded an opportunity to testify, to present witnesses, and to cross-examine any witnesses. The respondent and the attorney for the respondent may waive respondent’s right to a preliminary hearing.
(2) The final hearing may be conducted in an informal manner, consistent with orderly procedures, and in a physical setting not likely to have a harmful effect on the mental or physical health of the respondent. The hearing may be held by the court in chambers, at an ICF/ID, or other suitable place. The respondent shall be afforded an opportunity to testify, to present, and cross-examine any witnesses. The manner of proceeding and the rules of evidence shall be the same as those in any criminal proceeding, except that the standard of proof shall be by clear and convincing evidence. Proceedings shall be heard by a judge unless a party requests a jury trial. Neither the respondent nor the respondent’s attorney may waive the respondent’s right to a final hearing.
(3) Guardians and immediate family members of the respondent shall be allowed to attend all hearings, conferences or similar proceedings; may be represented by private counsel, if desired; may participate in the hearings or conferences as if a party to the proceedings; may cross-examine witnesses if desired; and shall have standing to appeal any adverse decision.
Effective: July 12, 2012
History: Amended 2012 Ky. Acts ch. 146, sec. 50, effective July 12, 2012. — Created
1990 Ky. Acts ch. 147, sec. 15, effective July 13, 1990.
(2) The final hearing may be conducted in an informal manner, consistent with orderly procedures, and in a physical setting not likely to have a harmful effect on the mental or physical health of the respondent. The hearing may be held by the court in chambers, at an ICF/ID, or other suitable place. The respondent shall be afforded an opportunity to testify, to present, and cross-examine any witnesses. The manner of proceeding and the rules of evidence shall be the same as those in any criminal proceeding, except that the standard of proof shall be by clear and convincing evidence. Proceedings shall be heard by a judge unless a party requests a jury trial. Neither the respondent nor the respondent’s attorney may waive the respondent’s right to a final hearing.
Terms Used In Kentucky Statutes 202B.160
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Attorney: means attorney-at-law. See Kentucky Statutes 446.010
- Chambers: A judge's office.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Judge: means any judge or justice of the Court of Justice or a trial commissioner of the District Court acting under authority of SCR 5. See Kentucky Statutes 202B.010
- Preliminary hearing: A hearing where the judge decides whether there is enough evidence to make the defendant have a trial.
- Respondent: means a person alleged in a hearing under this chapter to be an individual with an intellectual disability. See Kentucky Statutes 202B.010
- Testify: Answer questions in court.
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
(3) Guardians and immediate family members of the respondent shall be allowed to attend all hearings, conferences or similar proceedings; may be represented by private counsel, if desired; may participate in the hearings or conferences as if a party to the proceedings; may cross-examine witnesses if desired; and shall have standing to appeal any adverse decision.
Effective: July 12, 2012
History: Amended 2012 Ky. Acts ch. 146, sec. 50, effective July 12, 2012. — Created
1990 Ky. Acts ch. 147, sec. 15, effective July 13, 1990.