Kentucky Statutes 215.560 – Affidavit of failure to comply — Administrative and judicial action
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(1) Whenever a person has reasonable cause to suspect that an individual with active tuberculosis has knowingly failed to comply with the provisions of KRS § 215.520 to
215.600, the person may file an affidavit with the local health department serving the jurisdiction where the individual resides or where the alleged violation occurred. The affiant shall state the details of the violation as completely and accurately as possible and the local health department shall, with the assistance of the cabinet, if necessary, conduct an appropriate investigation and, if indicated, shall order the violator in writing to submit to the needed precautions, including quarantine, in order to isolate and restrict activities, examination, or treatment. If the local health department determines in the course of providing services that a violation has occurred, it may issue an order regardless of the presence of an affidavit.
(2) If a person refuses to comply with an order of a local health department pursuant to subsection (1) of this section, the health department shall, if the public health need for intervention still exists, file a verified petition for relief with the District Court in the county of its principal office. The health department shall include all pertinent details in its petition. The defendant shall have the right to be represented by counsel and the case shall be handled in the same manner as a civil case in every other regard. If the court finds from a preponderance of the evidence or upon admission by the defendant that the defendant is in violation of provisions in KRS
215.520 to 215.600, the court shall enter an order that the appropriate precautions, examinations, or treatment be carried out.
Effective: July 15, 1996
History: Amended 1996 Ky. Acts ch. 33, sec. 6, effective July 15, 1996. — Amended
1980 Ky. Acts ch. 188, sec. 210, effective July 15, 1980. — Amended 1976 (1st
Extra. Sess.) Ky. Acts ch. 14, sec. 205, effective January 2, 1978. — Amended 1974
Ky. Acts ch. 74, Art. VI, sec. 107(3). — Created 1970 Ky. Acts ch. 133, sec. 7.
215.600, the person may file an affidavit with the local health department serving the jurisdiction where the individual resides or where the alleged violation occurred. The affiant shall state the details of the violation as completely and accurately as possible and the local health department shall, with the assistance of the cabinet, if necessary, conduct an appropriate investigation and, if indicated, shall order the violator in writing to submit to the needed precautions, including quarantine, in order to isolate and restrict activities, examination, or treatment. If the local health department determines in the course of providing services that a violation has occurred, it may issue an order regardless of the presence of an affidavit.
Terms Used In Kentucky Statutes 215.560
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- 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.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- State: when applied to a part of the United States, includes territories, outlying possessions, and the District of Columbia. See Kentucky Statutes 446.010
- 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
(2) If a person refuses to comply with an order of a local health department pursuant to subsection (1) of this section, the health department shall, if the public health need for intervention still exists, file a verified petition for relief with the District Court in the county of its principal office. The health department shall include all pertinent details in its petition. The defendant shall have the right to be represented by counsel and the case shall be handled in the same manner as a civil case in every other regard. If the court finds from a preponderance of the evidence or upon admission by the defendant that the defendant is in violation of provisions in KRS
215.520 to 215.600, the court shall enter an order that the appropriate precautions, examinations, or treatment be carried out.
Effective: July 15, 1996
History: Amended 1996 Ky. Acts ch. 33, sec. 6, effective July 15, 1996. — Amended
1980 Ky. Acts ch. 188, sec. 210, effective July 15, 1980. — Amended 1976 (1st
Extra. Sess.) Ky. Acts ch. 14, sec. 205, effective January 2, 1978. — Amended 1974
Ky. Acts ch. 74, Art. VI, sec. 107(3). — Created 1970 Ky. Acts ch. 133, sec. 7.