Ky. Rev. Stat. § 202B.040

Criteria for involuntary admission for individuals with an intellectual

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disability. When a person who is alleged to be an individual with an intellectual disability is involuntarily admitted, there shall be a determination that: (1) The person is an individual with an intellectual disability; (2) The person presents a danger or a threat of danger to self, family, or others; (3) The least restrictive alternative mode of treatment presently available requires placement in an ICF/ID; and (4) Treatment that can reasonably benefit the person is available in an ICF/ID. Effective: July 12, 2012 History: Amended 2012 Ky. Acts ch. 146, sec. 41, effective July 12, 2012. -- Amended 1990 Ky. Acts ch. 147, sec. 7, effective July 13, 1990. -- Amended 1986 Ky. Acts ch. 79, sec. 2, effective March 6, 1986. -- Amended 1982 Ky. Acts ch. 445, sec. 37, effective July 1, 1982. -- Created 1976 Ky. Acts ch. 328, sec. 5. Legislative Research Commission Note. This section was amended in 1982 Acts, Chapter 445, which contains the following language in Section 45 of that Act: "This Act shall become effective on July 1, 1982." The Ky. Constitution, in Section 55, requires that a reason be set forth for the emergency. However, no reason is set forth in this Act. The effective date for 1982 Acts with no emergency provision is July 15, 1982.

Notes of Decisions

Cited in 4 cases (3 in the last 5 years), 1993–2026 · leading case: Heller v. Doe Ex Rel. Doe

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Heller v. Doe Ex Rel. Doe (1993) scotus · cites it 8× “, at 313 , from which Kentucky could conclude that the second prerequisite to commitmentthat "[t]he person presents a danger or a threat of danger to self, family, or others," Ky. Rev. Stat. Ann. § 202B.040 (Michie 1991)is established more easily, as a general rule, in the…”

R.L.P. v. Commonwealth of Kentucky (2026) ky · cites it 2× “KRS 202B.040. As the involuntary commitment criteria under Chapters 202A and 202B require that an individual be capable of benefitting from treatment, if a court finds that an individual cannot reasonably benefit from treatment the court is without authority to commit that…”

G. P. v. Honorable Angela McCormick Bisig (2022) ky “KRS 202B.040. Both KRS 202A and 202B require that an individual be able to “reasonably benefit from treatment.”

Hunter L. Moore v. Commonwealth of Kentucky (2024) kyctapp “KRS 202B.040. Both KRS 202A and 202B require that an individual be able to “reasonably benefit from treatment.”

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