Kentucky’s Casey’s Law?
In order to understand how Casey’s Law works, it is important to know what it is and why it was enacted. Casey’s Law is a relatively new concept in the Commonwealth of Kentucky and was enacted as a result of a terrible event that occurred in 2005. A tragedy occurred in which a mother and her unborn child were the victims of a shooting that ended the lives of both over a dispute that started over a drug deal. Marjorie J. "Casey" McCoy’ s life was ended when a suspect pulled out a gun and shot Casey despite the fact that she was eight months pregnant. She was taken to the hospital where she tragically ended up passing away, along with her unborn son . As a result of Casey and her son’s passing, legislation was enacted by the Kentucky General Assembly in an effort to give family members of those suffering from alcohol and drug abuse an option to seek court orders for their treatment. As mentioned already, Casey’s Law allows family members and friends of drug and alcohol abusers to petition the court to intervene and force these individuals into treatment even if they do not want to enter treatment or even if they refuse to go to treatment when offered. The goal of Casey’s Law is to help individuals suffering from addiction before it is too late for them to receive the help they need.
How Does Casey’s Law Work in Kentucky?
Casey’s Law, a unique intervention tool, works entirely through the court system.
A petition for involuntary treatment is initiated by a family member or friend who believes that someone they know is suffering from a severe substance use disorder and a lack of insight into their own condition. The person filing the petition is called a "Petitioner." The Petitioner must prepare a written statement indicating that a loved one is suffering from a substance use disorder and that there is no other appropriate course of action to help the person.
A Petition for Involuntary Treatment under Casey’s Law is properly filed in Kentucky Circuit Court. The petition must include a number of facts about the loved one (called the Respondent) and information about the hardship the addiction causes to the Respondent or others. The petitioner must also include a statement from a qualified health professional (usually a doctor or psychiatrist) indicating that the Respondent is suffering from a severe substance use disorder and would benefit from treatment. The statements provided by the Petitioner and the health professional should be specific to the Respondent and the substance use problems the person faces.
Once the Petition is filed, the Circuit Court Clerk will set a hearing date to allow the Respondent to appear in court and have his or her side of the story heard. The Court will order the Respondent to be transported by law enforcement to court on the date of the hearing. At the hearing, the Judge will hear both sides of the story: the Petitioners and the Respondent. If the Court agrees with the Petitioners, it will issue an Order for an evaluation and temporary detention. This Order is enforced by law enforcement and allows law enforcement to take the person into custody and order him or her to attend an evaluation. After the evaluation, the person will again appear in court on a date ordered by the judge. At that hearing, the judge will again hear testimony from both sides, and then ultimately the court will decide what it thinks is appropriate. The person may be ordered to attend a drug treatment program for a period not to exceed a six month period. After six months, the judge will hear additional testimony and may again order the person to continue in treatment for up to six additional months. Casey’s Law utilizes a Kentucky law to provide a novel way to assist people with substance use disorders who refuse treatment. It requires cooperation between a family member or friend, the Court system, law enforcement, and a qualified health professional.
Filing Under Kentucky’s Casey’s Law
Once the voluntary commitment process has been explored as an option, Casey’s Law can be considered. The first step is to petition the Circuit Court in the county where the person to be committed resides, or if they reside elsewhere, in the county where the petitioner resides. The Petition must be filed under KRS 222.431 and identify the addict, their addiction, and the facts surrounding their addiction. Additionally, the petition must be supported by the sworn testimony of two (2) disinterested witnesses. These witnesses must be individuals who are able to testify to the individual’s current state and the effect of the substance in question. The purpose of this petition is to determine whether or not the individual is suffering as a person with a substance use disorder. KRS 222.431 and the Kentucky Administrative Office of the Courts provide helpful forms that must be filled out and submitted for the petition to move forward in the process. Generally, once the petition is filed, the Circuit Court will appoint a Public Advocate to represent the person named in the petition. The Public Advocate is an attorney who provides the named person guidance through the proceedings. Unless there are extenuating circumstances, this representative will likely be an attorney from the Department of Public Advocacy. For those seeking involuntary treatment for a minor, the case should be filed where the minor resides, regardless of the current location. The next stage of the process is a hearing where the certified medical professional provides their determination regarding the person’s drug problem. The goal is that a person will enter voluntary treatment at this point. If this goal is not achieved, the Circuit Court will enter an order for treatment that mandates the person be admitted to a treatment facility. As with many legal proceedings, timelines for the process will depend on the particulars of each individual case. There are many factors involved, but it is important to note that Casey’s Law requires that proceedings to commence within 15 days of the filing of the petition, and a Circuit Court hearing take place within 30 days of the filing of the petition. It is very important to follow up on these cases, even if the first petition is dismissed. The process outlined above is relatively straightforward, but it is also rare. Often, these types of cases are complex and do not move smoothly. There can be many obstacles to treatment, including complicated family dynamics, finances, and purely logistical difficulties with transportation to a treatment center. Further, each one of these cases is strictly scrutinized under KRS 222.431 – making an experienced mind very helpful for the entire process.
Requisites for Court-Ordered Treatment
To qualify for involuntary treatment in Kentucky under Casey’s Law, a person must have an alcohol or drug problem that is evidenced by at least three significant issues. These issues include:
- A history of violence or false reporting of crimes, or other aggressive behavior
- A medical condition which can lead to substantial harm to the person’s health
- Engaging in disruptive behavior or illegal activity
- Being unable to care for oneself
In addition to meeting the threshold of having an alcohol or drug problem and at least three harmful behaviors, involuntary treatment will only be recommended if more conventional methods have been unsuccessful.
If an involuntary treatment is ordered, it can last for up to 60 days.
Although drug and alcohol abuse does have negative behaviors as a result, these behaviors alone do not make them "significant." That is where the treatment professionals step in, as they are tasked with recommending the need for a treatment program in the first place.
If a person clearly appears to have a substance abuse issue, but there is no demonstrative evidence of harmful behavior, a professional can treat them on an outpatient basis on a voluntary basis, administering a drug and alcohol assessment. That document will then guide them on whether or not the person does need to have a more invasive, compulsive treatment method.
Real-World Effects of Kentucky’s Casey’s Law
The impact of Casey’s Law can be significant, especially in the case of drug abuse where time is of the essence. The approval of Casey’s Law may result in:
Successful completion of drug treatment at one of Kentucky’s licensed facilities
Reduced risk of death from overdose
Criminal charges being dropped or not pursued
Remaining drug free
Casey’s Law provides an invaluable opportunity for individuals struggling with addiction to seek and receive intervention and much-needed treatment . When an adult refuses to voluntarily seek treatment for their drug addiction, Casey’s Law provides their family with a framework for alleviating addiction and providing stability in a person’s life. For these reasons, it is important for Kentuckians to understand their rights under Casey’s Law.
Opposition and Critique
One of the primary concerns with Casey’s Law is that it may violate an individual’s civil liberties. Critics argue that forcing individuals into treatment against their will essentially punishes them for their addiction, which can be seen as a violation of bodily autonomy. For some, this raises ethical questions about the right to choose one’s medical treatment, even if that choice may lead to harm or death. Moreover, there are concerns that Casey’s Law, by focusing on forced treatment, does not adequately address the root causes of addiction. Critics argue that the law effectively shifts the focus from prevention and community health resources to a punitive approach that unnecessarily shackles the judicial process to the treatment system. The question of whether forced treatment is effective remains a matter of debate. Many addiction specialists emphasize the need for patients to voluntarily enter treatment, as this is more likely to be beneficial in the long run. Considering this perspective, critics assert that Casey’s Law could, at least in some cases, be detrimental to the long-term recovery of individuals suffering from substance use disorder by alienating them from the treatment process.
How to Find Relief
If you choose to use Casey’s Law, there are several resources available in Kentucky to help families through this process as well as support systems for the substance abuser. The Kentucky Office of Drug Control Policy has a lot of information and answers many questions. In addition to the resources mentioned below, KYODCP has helplines. Call 1-833-KY-HELP (1-833-594-3577) between 8:30 AM – 4:30 PM Monday-Friday for support, information and referral for you or someone you care about. Heroinhelpline . org is another Kentucky based website that provides resources and a simple questionnaire for people wondering if they or a loved one has a problem with opiates. Voices of Hope offers support groups, "Walk-in Wednesdays" and a program to train family members to deal with an addiction crisis at home. Voices of Hope also focuses on legislation, peer support and community-based recovery options. iamky.org lists a wide array of support groups. Project Healing Kentucky provides testimonials from those in recovery, a treatment finder, as well as resources, recovery stories and a list of events.