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Commonwealth’s AttorneyCampbell County
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Casey’s Law

Casey’s Law lets a relative or friend ask a court to order treatment for someone whose drug or alcohol use has put that person or others in danger. It is a civil process. No criminal charge is involved.

When a court can order treatment

The law’s full name is the Matthew Casey Wethington Act for Substance Abuse Intervention (KRS 222.430 to 222.437). It exists for people whose addiction keeps them from seeing that they need help. A judge can order treatment only when all of these are true:

  • The person has a substance use disorder.
  • Because of it, the person is an imminent danger to themselves, their family or others, or there is a substantial likelihood of that danger in the near future.
  • The person can reasonably benefit from treatment.

The steps

  1. Fill out the petition, form AOC-700A, and sign it in front of a notary. The petition can ask for a 72-hour emergency hold, 60 days of treatment or 360 days of treatment.
  2. File the petition with the District Court Clerk at the Campbell County Courthouse, 330 York Street in Newport.
  3. Give the clerk the names of two qualified health professionals who will evaluate the person. At least one must be a physician.
  4. The court reviews the petition and has the Sheriff deliver a copy to the person. If the judge finds probable cause, the court orders the two evaluations and sets a hearing within 14 days.
  5. Both professionals examine the person no later than 24 hours before the hearing.
  6. Their written reports must reach the clerk at least 24 hours before the hearing.
  7. Before the hearing, contact treatment providers and arrange a place.
  8. At the hearing, the judge decides whether the conditions above are met and, if they are, orders treatment for the period requested.
  9. The person who filed arranges the treatment and gets the person to the facility.

What it costs

The person who files is responsible for the cost of the evaluations and of the treatment, and must sign a guarantee of payment. These costs can be substantial. Ask the treatment provider what insurance will cover before you file.

Common questions

Will the person face criminal charges?

No. Casey’s Law is about getting someone into treatment, even if that person does not yet see the need for it. Nothing about it is a criminal case.