Everything You Need to Know About Involuntary Holds in Kentucky
Navigating Involuntary Hold in Kentucky
In Kentucky, an involuntary hold is a legal process that allows individuals experiencing a mental health crisis to be admitted to a facility for evaluation and treatment without their consent. This measure is typically used when someone poses a danger to themselves or others, or is unable to care for themselves due to mental illness.
What are the Types of Holds?
Emergency Detentions (72 Hours): Allows for immediate, short-term detention (up to 72 hours) of someone deemed a danger to themselves or others, or gravely disabled due to mental illness. Initiated by law enforcement, mental health professionals, or family, often requiring a court petition.
Temporary Court Order: After the initial 72-hour hold, a court may issue a temporary custody order to extend the hold for a longer evaluation period (usually up to 21 days). This hold requires formal court proceedings; it can be initiated by law enforcement, a mental health professional, or through a court petition.
Involuntary Commitment: A longer-term hold initiated by a court (specifically by an order) when the individual still requires treatment beyond temporary custody. The Hold can last for months or longer, depending on court orders and evaluations.
What Should I Keep in Mind as a Loved One?
Involuntary holds can be stressful and complicated for everyone involved. It’s important that family members and loved ones seek therapy or join support groups to help cope with the process. Maintaining open and healthy communication with the individual can also make this difficult time easier for all.
What Are My Rights?
1. Right to be Informed: Patients have the right to be clearly informed about the reasons for their hold, the treatment plan, and their legal rights.
2. Right to Legal Representation: Patients can have a lawyer or advocate to help them understand and challenge the hold if they choose.
3. Right to a Hearing: Patients usually have the right to a court hearing to review the necessity of the hold within a specific timeframe.
4. Right to Refuse Treatment: Depending on the jurisdiction and circumstances, patients may have the right to refuse certain treatments, except in emergencies.
5. Right to Humane Treatment: Patients must be treated with dignity and respect, and not subjected to unnecessary restraints or isolation.
6. Right to Communication: Patients can communicate with family, lawyers, and others, although some restrictions may apply for safety reasons.
7. Right to Access Personal Belongings: Patients can access their items unless they pose a risk.
Possible Outcomes
1. Release After 72-Hour Observation
If mental health professionals and the court determine the individual no longer poses a risk or doesn’t meet the criteria, they may be released—often with a plan for follow-up outpatient care.
2. Temporary Commitment (Up to 72 Hours)
A judge may order an initial hold of up to 72 hours for evaluation and stabilization following emergency detention, which is then reassessed at a hearing.
3. Extended Commitment (21-Day Hearing & Beyond)
If ongoing risk is confirmed, a court hearing is held within 6 days, and a final hearing within 21 days. The court may order longer involuntary hospitalization beyond 72 hours based on evidence of danger and benefit from treatment.
4. Assisted Outpatient Treatment (AOT)
In some cases, the court may order a court‑mandated outpatient treatment plan that allows the patient to live in the community while complying with treatment requirements
5. Discharge with Support
If the individual is deemed stable, they may be discharged with referrals to outpatient services or community supports, often coordinated through programs like Kentucky’s Mental Health Courts
Conclusion
Although the involuntary hold process can be overwhelming and emotionally taxing, it is ultimately intended to protect individuals experiencing a mental health crisis. During this time, families should seek support through therapy or group sessions to manage stress and navigate the experience. Staying informed about both patient and family rights is also essential to advocate effectively and ensure the individual receives the best possible care.
