UNDERSTANDING THE GUARDIANSHIP PROCESS
Casey’s Law, formally known as the Matthew Casey Wethington Act for Substance Abuse Intervention, is a Kentucky law that allows family members, friends, guardians, or other concerned individuals to petition the court for involuntary treatment of a person suffering from alcohol or substance abuse. The law was enacted following the death of Casey Wethington, a 23-year-old Kentucky man who died from a heroin overdose. Casey’s Law was created to provide families with a legal means of intervention when a loved one is unable to recognize the need for treatment due to substance abuse impairment.
Casey’s Law proceedings are civil in nature and are intended to help individuals obtain treatment and recovery services rather than impose criminal punishment. Proceedings are confidential under Kentucky law.
Who Can File a Petition?
Under Kentucky law, a spouse, relative, friend, guardian, or other person with firsthand knowledge of the individual’s substance abuse may file a petition requesting court-ordered treatment. The individual filing the petition is referred to as the “Petitioner,” and the individual alleged to be suffering from substance abuse impairment is referred to as the “Respondent.”
What Must Be Proven?
For the court to order involuntary treatment under Casey’s Law, the court must find that:
The Respondent suffers from alcohol or drug abuse;
The Respondent presents an imminent threat of danger to self, family, or others as a result of substance abuse, or there is a substantial likelihood of such danger occurring in the near future; and
The Respondent can reasonably benefit from treatment.
(KRS 222.431)
How Does the Process Work?
The Casey’s Law process generally includes the following steps:
A Verified Petition for Involuntary Treatment (AOC-700A) is filed with the circuit court clerk by a spouse, relative, friend, or guardian of the substance abuse impaired individual.
The court reviews the petition and examines the Petitioner under oath.
The court determines whether probable cause exists to move forward with the case.
If probable cause is established, the court orders the Respondent to undergo evaluations and schedules a hearing within fourteen (14) days.
The Respondent is evaluated by two qualified health professionals, at least one of whom must be a physician.
The court conducts a final hearing to determine whether involuntary treatment should be ordered.
If treatment is ordered, the court may require treatment for a period ranging from sixty (60) days up to three hundred sixty (360) days depending on the evidence presented and the needs of the Respondent.
How Long Does the Process Take?
The Respondent is not placed into treatment immediately upon filing. After the petition is filed, the court will first conduct an initial hearing, which is often scheduled within one to two business days. The Respondent must then complete evaluations by a physician and a Qualified Mental Health Professional. Once those evaluations are submitted to the court, a second hearing will be held within fourteen (14) days of the initial hearing. In most cases, the process takes approximately two weeks from filing to completion.
Who Is Responsible for Costs?
Under Kentucky law, the Petitioner is responsible for costs associated with the process, including evaluations, transportation, and treatment expenses. However, many treatment facilities in Kentucky offer low-cost or state-funded services, and community organizations may be available to help families locate resources and treatment options.
Important Information About Evaluations and Treatment
Before filing the petition, the Petitioner should attempt to arrange appointments for the required medical and mental health evaluations. If the Respondent refuses to attend appointments voluntarily, the court may issue orders requiring attendance, including transportation by law enforcement if necessary. Kentucky law does not permit law enforcement officers to simply take an individual into custody for substance abuse alone without a court order through the Casey’s Law process.
Petitioners should also identify a potential treatment facility before the final hearing, as the court may require treatment arrangements to already be in place before ordering treatment.
Does Court-Ordered Treatment Work?
Research and experience have shown that involuntary treatment can be as effective as voluntary treatment in many circumstances. Substance abuse often impairs judgment and decision-making, making intervention necessary before an individual reaches a crisis point. Casey’s Law provides families with an opportunity to intervene before addiction results in severe injury, incarceration, or death. We encourage individuals and families to review the informational links provided on the left side of this page to better understand Casey’s Law, the involuntary treatment process, eligibility requirements, available forms, and the responsibilities involved in seeking court-ordered substance abuse treatment in Kentucky.
Official Forms and Resources
Additional information and official Kentucky court forms can be found through the Kentucky Administrative Office of the Courts.
If you have questions regarding the Casey’s Law process, please contact the Pulaski County Attorney's Office at (606) 679-4449.