As used in this chapter, unless the context otherwise requires:
(1) "Administrator" means the person or the designee of the person, in charge of the
operation of substance use disorder prevention, intervention, or treatment program;
(2) "Agency" means a legal entity operating hospital-based or nonhospital-based
substance use disorder prevention, intervention, or treatment programs;
(3) "Cabinet" means the Cabinet for Health and Family Services;
(4) "Director" means the director of the Division of Behavioral Health of the
Department for Behavioral Health, Developmental and Intellectual Disabilities;
(5) "Hospital" means an establishment with organized medical staff and permanent
facilities with inpatient beds which provide medical services, including physician
services and continuous nursing services for the diagnosis and treatment of patients
who have a variety of medical conditions, both surgical and nonsurgical;
(6)) "Intoxication" means being under the influence of alcohol or other drugs, or both,
which significantly impairs a person's ability to function;
(7) "Narcotic treatment program" means a substance use disorder program using
approved controlled substances and offering a range of treatment procedures and
services for the rehabilitation of persons dependent on opium, morphine, heroin, or
any derivative or synthetic drug of that group;
(8) "Other drugs" means controlled substances as defined in KRS Chapter 218A and
volatile substances as defined in KRS 217.900;
(9) "Patient" means any person admitted to a hospital or a licensed substance use
disorder treatment program;
(10) "Program" means a set of services rendered directly to the public that is organized
around a common goal of either preventing, intervening, or treating substance use
disorder problems;
(11) "Secretary" means the secretary of the Cabinet for Health and Family Services;
(12) "Substance use disorder" means a cluster of cognitive, behavioral, and physiological
symptoms indicating that the individual continues using the substance despite
significant substance-related problems. Criteria for substance use disorder are in the
most current edition of the American Psychiatric Association's Diagnostic and
Statistical Manual of Mental Disorders;
(13) "Treatment" means services and programs for the care and rehabilitation of
intoxicated persons and persons suffering from substance use disorder. "Treatment"
includes those services provided by the cabinet in KRS 222.211 and, in KRS
222.430 to 222.437, it specifically includes the services described in KRS
222.211(1)(c) and (d); and
(14) "Qualified health professional" has the same meaning as qualified mental health
professional in KRS 202A.011, except that it also includes an alcohol and drug
counselor licensed or certified under KRS Chapter 309.
Effective: June 27, 2019
History: Amended 2019 Ky. Acts ch. 128, sec. 10, effective June 27, 2019. -- Amended
2015 Ky. Acts ch. 29, sec. 19, effective June 24, 2015. -- Amended 2012 Ky. Acts
ch. 146, sec. 109, effective July 12, 2012; and ch. 158, sec. 67, effective July 12,
2012. -- Amended 2005 Ky. Acts ch. 99, sec. 558, effective June 20, 2005. --
Amended 2004 Ky. Acts ch. 116, sec. 11, effective July 13, 2004. -- Amended 1998
Ky. Acts ch. 426, sec. 498, effective July 15, 1998. -- Amended 1996 Ky. Acts ch.
242, sec. 1, effective July 15, 1996. -- Created 1994 Ky. Acts ch. 334, sec. 1,
effective July 15, 1994.
Notes of Decisions
Holly Schulkers v. Elizabeth Kammer, 955 F.3d 520 (6th Cir. 2020).
“[e]ngages in a pattern of conduct that renders the parent incapable of caring for the immediate and ongoing needs of the child, including but not limited to parental incapacity due to a substance use disorder as defined in KRS 222.005.” Ky. Rev. Stat. § 600.020(1)(a)(3).”
Healthwise of Kentucky, Ltd. v. Anglin, 956 S.W.2d 213 (Ky. 1997).
· cites it 2× “The same is true of the definition of “intoxication” found in KRS 222.005, which was enacted subsequent to the accident.”
M.E.C. v. Commonwealth, Cabinet for Health & Fam. Servs., 254 S.W.3d 846 (Ky. Ct. App. 2008).
“]] (b) Creates or allows to be created a risk of physical or emotional injury as defined in this section to the child by other than accidental means; (c) Engages in a pattern of conduct that renders the parent incapable of caring for the immediate and ongoing needs of the child…”
Schulkers v. Kammer, 367 F. Supp. 3d 626 (E.D. Ky. 2019).
· cites it 2× “" KRS § 222.005 (listing examples). Holly had no prior history of drug use; her prenatal screens were all negative; she had no prior interaction with CHFS; and doctors and nurses believed the initial drug screen to be a false positive.”
Nelson v. Turner, 256 S.W.3d 37 (Ky. Ct. App. 2008).
· cites it 2× “s; (b) Creates or allows to be created a risk of physical or emotional injury as defined in this section to the child by other than accidental means; (c) Engages in a pattern of conduct that renders the parent incapable of caring for the immediate and ongoing needs of the child…”
Commonwealth, Cabinet for Families & Child. Ex Rel. T.L.M. v. G.C.W., 139 S.W.3d 172 (Ky. Ct. App. 2004).
“is harmed or threatened with harm when his parent, guardian, or other person exercising custodial control or supervision or the child: [[Image here]] (c) Engages in a pattern of conduct that renders the parent incapable of caring for the immediate and ongoing needs of the child…”
B.C. v. B.T., 182 S.W.3d 213 (Ky. Ct. App. 2005).
“020 toward any child; (c) Alcohol and other drug abuse, as defined in KRS 222.005, that results in an incapacity by the parent or caretaker to provide essential care and protection for the child; (d)A finding of domestic violence and abuse as defined in KRS 403.”
L.D. v. J.H., 350 S.W.3d 828 (Ky. Ct. App. 2011).
“020 toward any child; (c) Alcohol and other drug abuse, as defined in KRS 222.005, that results in an incapacity by the parent or caretaker to provide essential care and protection for the child; (d) A finding of domestic violence and abuse as defined in KRS 403.”
Commonwealth, Cabinet for Health & Fam. Servs. Ex Rel. M.H. v. R.H., 199 S.W.3d 201 (Ky. Ct. App. 2006).
“s; (b) Creates or allows to be created a risk of physical or emotional injury as defined in this section to the child by other than accidental means; (c) Engages in a pattern of conduct that renders the parent incapable of caring for the immediate and ongoing needs of the child…”
M. C. v. Commonwealth of Kentucky, Cabinet for Health & Fam. Servs. (Ky. 2021).
· cites it 4× “005 for the definition of a substance use disorder. KRS 222.005(12), in turn, refers to “the most current edition of the American Psychiatric Association's Diagnostic and Statistical Manual of Mental Disorders [DSM-V],” for the criteria of a substance use disorder.”
M. C. v. Commonwealth of Kentucky, Cabinet for Health & Fam. Servs. (Ky. 2021).
· cites it 4× “005 for the definition of a substance use disorder. KRS 222.005(12), in turn, refers to “the most current edition of the American Psychiatric Association's Diagnostic and Statistical Manual of Mental Disorders [DSM-V],” for the criteria of a substance use disorder.”
— Ky. Rev. Stat. § 222.005(12) — 4 cases
Commonwealth, Cabinet for Families & Child. Ex Rel. T.L.M. v. G.C.W., 139 S.W.3d 172 (Ky. Ct. App. 2004).
“is harmed or threatened with harm when his parent, guardian, or other person exercising custodial control or supervision or the child: [[Image here]] (c) Engages in a pattern of conduct that renders the parent incapable of caring for the immediate and ongoing needs of the child…”
M. C. v. Commonwealth of Kentucky, Cabinet for Health & Fam. Servs. (Ky. 2021).
“005 for the definition of a substance use disorder. KRS 222.005(12), in turn, refers to “the most current edition of the American Psychiatric Association's Diagnostic and Statistical Manual of Mental Disorders [DSM-V],” for the criteria of a substance use disorder.”
M. C. v. Commonwealth of Kentucky, Cabinet for Health & Fam. Servs. (Ky. 2021).
“005 for the definition of a substance use disorder. KRS 222.005(12), in turn, refers to “the most current edition of the American Psychiatric Association's Diagnostic and Statistical Manual of Mental Disorders [DSM-V],” for the criteria of a substance use disorder.”
— Ky. Rev. Stat. § 222.005(3)(a) — 1 case
— Ky. Rev. Stat. § 222.005(3)(a)(b)(d) — 1 case
— Ky. Rev. Stat. § 222.005(3)(c) — 1 case
— Ky. Rev. Stat. § 222.005(6) — 1 case
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.