Mental Health Petition FAQs

ADULT MENTAL HEALTH HOSPITALIZATION
FREQUENTLY ASKED QUESTIONS

1. What is the Purpose of an Involuntary Petition (a/k/a “202A” or “Mental Inquest Warrant” MIW)?

To compel a psychiatric evaluation of the respondent where he or she refuses mental health treatment.

2. Who can file a petition?

Spouses, family members, friends, law enforcement. A person who files the 202A involuntary petition is called the “petitioner.”

3. Who is the “respondent”?

The person who is believed by the petitioner or medical professionals to be in need of involuntary hospitalization. Per KRS 202A.012 the process applies to those 18 years and above.

4. Are there any filing fees?   No.
    
5. What if I want to file on a minor?

KRS 202A.021 addresses the hospitalization of minors and that process is not included in these materials.

6. What is the criteria for an involuntary hospitalization under 202A? Must be a mentally ill person who:

1. Who presents a danger or threat of danger to self, family or others as a result of the mental illness;
2. Who can reasonably benefit from treatment; and
3. For whom hospitalization is the least restrictive alternative mode of treatment presently available.

 

1. What are common examples of behavior that meets the necessary criteria?

Common mental health diagnosis necessitating a 202A are schizophrenia, bi-polar, depression. Typical behaviors might be threatening suicide, hallucinations, delusions, threatening family members, not eating/sleeping/bathing, not taking prescribed medications.

Danger to self: obvious physical self-harm or threats of self-harm; not eating; significant isolation; mutism/refusal to communicate; behavioral symptoms that affect ability to meet basic needs (food, clothing, shelter) independently; behaviors that make them particularly at-risk or vulnerable to harm from others

Danger to others: physically aggressive acts directed toward or others or objects; verbally or physically acting out in a sexual manner; threats of harm to others; curing or other inappropriate behaviors that put them at risk for others; disrobing; any inappropriate behaviors involving bodily waste/fluids (i.e. smearing feces on wall; inability to clean up after oneself)

8. What is the difference between an Involuntary Petition for alcohol/drug (Casey’s Law) and a 202A?

You must look at the underlying reason for the behavior. If the person is using heroin, meth, alcohol, etc., they may possibly have a dual diagnosis or have an untreated mental illness. However, THE main contributing factor would be the drug abuse, and the person would be more appropriate for a Casey’s Law (ordered into a drug rehabilitation center) than a 202A where the person would be treated at a mental health hospital.

9. Can a law enforcement officer take someone directly to the mental health hospital, or does the officer need to file a petition with the court?

Law enforcement can make a warrantless arrest and immediately detain if the officer believes the individual meets the criteria for an involuntary hospitalization. Officers should take the individual directly to SUN Behavioral in Erlanger, unless the individual has obvious injuries, i.e. open wounds, admits to having just swallowed several pills, etc.

10. What is a “72 hour” hold?

When an individual is presented to a hospital the doctor will meet with him or her to determine whether an involuntary hospitalization is required. The doctor certifies the need for the involuntary admission, and the person must be released within seventy-two hours (excluding weekends and holidays) unless the doctor believes further treatment is required. If further treatment is needed, a preliminary hearing must be held within six days to determine if there is probable cause to be involuntarily hospitalized. The County Attorney assists the Court in presenting evidence during the preliminary hearing.

 

11. Where do I get a petition, and what do I need to know?

The County Attorney can assist you with filing out the petition. You will need to know the respondent’s date of birth, residence, mental health diagnosis, if known, and why you think he or she is a danger to himself or others.

Boone County Attorney: 2970 Union Square Burlington KY 41005

Campbell County Attorney: 330 York Street, 3rd Floor, Newport, KY 41071

Kenton County Attorney: 1840 Simon Kenton Way Suite 4200 Covington, KY 41011

12.     Where do I file a 202A petition?

The petition can be filed with the circuit court clerk in the county where the respondent lives or is currently located.

Boone County Courthouse: 6025 Rogers Lane Burlington, KY 41005
Campbell County Courthouse: 330 York Street Newport, KY 41071

Kenton County Courthouse: 230 Madison Avenue, Third Floor (Probate), Covington, KY 41011

13. I filed a petition on my spouse/child/parent/friend. What happens next?

If accepted, the Court will order the Sheriff to transport the individual from his/her location to the behavioral health unit. Once at the hospital, medical staff will determine whether the individual should be placed on a 72-hour hold.

14.     When and where are 202A petitions heard?

Boone County – Thursdays at 11:30 pm, 6025 Rogers Lane Burlington, KY 41005 Campbell County – Wednesdays at 9:30 am, 330 York Street Newport, KY 41071 Kenton County – Wednesday, 8:30 am, 230 Madison Avenue Covington KY 41011

Be sure to double check your paperwork for the date, time, and specific location (i.e. courtroom) for your case.

15. What happens at the preliminary hearing?

A brief hearing will be held, either in person or via zoom, depending on the individual court’s preference. There must be two certifications from at least 2 qualified mental health professionals. Both certifications must “match”, i.e. support the need for involuntary hospitalization. Otherwise the proceeding must be terminated and the individual released.

 

 

16. Who attends the preliminary hearing?

If the certifications both indicate that further treatment is necessary, the County Attorney will present the evaluations and any necessary evidence, including testimony by the petitioner. The respondent will be present at the hearing and will be represented by court-appointed counsel, usually an attorney with the Department for Public Advocacy (DPA).

17. If I filed the petition do I need to attend the preliminary hearing? Yes. Petitioners must be present.

18.     What happens after the preliminary hearing?

If the court finds that probable cause exists, the Sheriff transports the individual down to Eastern State Hospital, a state-run mental health facility. The Sheriff will transport the individuals ordered for further treatment at the conclusion of the respective docket. Jurisdiction is then transferred to Fayette County where Eastern State Hospital is located. A final hearing will be held within 21 days, and the hearing is handled by the Fayette County Attorney’s Office. If the court finds probable cause does not exist, the proceedings will be dismissed and the respondent will be released from treatment.

19. Does the person have to go to Eastern State? Why can’t he or she stay at SUN Behavioral?

Once the probable cause hearing takes place, the Judge can only send the individual to Eastern State. SUN Behavioral has not been certified by CHFS to keep patients past the temporary hold period for involuntary patients.

20. Why won’t anyone at the hospital speak to me about my
    spouse/child/parent/friend?

Unless the respondent authorizes the hospital to speak with you, the hospital will not provide information under HIPPA. However, remember that why they can’t talk you about your loved one, there is no prohibition on you giving them information.

21. Why didn’t the hospital keep my spouse/child/parent/friend?

Under the law once the medical provider determines that the respondent no longer meets the criteria for the involuntary hospitalization, the person must be released.

0. Will this cause my spouse/child/parent/friend to have a criminal record?

 

No. Proceedings under the KRS 202A statutes are confidential and the public is unable to see or obtain copies of the information.