(1) Upon receipt of the petition, the court shall examine the petitioner under oath as to
the contents of the petition.
(2) If, after reviewing the allegations contained in the petition and examining the
petitioner under oath, it appears to the court that there is probable cause to believe
the respondent should be ordered to undergo treatment, then the court shall:
(a) Set a date for a hearing within fourteen (14) days to determine if the
respondent should be ordered to undergo treatment for a substance use
disorder;
(b) Notify the respondent, the legal guardian, if any and if known, and the spouse,
parents, or nearest relative or friend of the respondent concerning the
allegations and contents of the petition and the date and purpose of the
hearing; and the name, address, and telephone number of the attorney
appointed to represent the respondent; and
(c) Cause the respondent to be examined no later than twenty-four (24) hours
before the hearing date by two (2) qualified health professionals, at least one
(1) of whom is a physician. The qualified health professionals:
1. Shall certify their findings to the court within twenty-four (24) hours of
the examinations;
2. May be subject to subpoena for cross-examination at the hearing, either
in person, by telephone, or by videoconference; and
3. May conduct the examination required by this paragraph via telehealth
as defined in KRS 211.332.
(3) If, upon completion of the hearing, the court finds by proof beyond a reasonable
doubt that the respondent should be ordered to undergo treatment, then the court
shall order such treatment for a period not to exceed sixty (60) consecutive days
from the date of the court order or a period not to exceed three hundred sixty (360)
consecutive days from the date of the court order, whatever was the period of time
that was requested in the petition or otherwise agreed to at the hearing. Failure of a
respondent to undergo treatment ordered pursuant to this subsection may place the
respondent in contempt of court.
(4) If, at any time after the petition is filed, the court finds that there is no probable
cause to continue treatment or if the petitioner withdraws the petition, then the
proceedings against the respondent shall be dismissed.
Effective: June 29, 2023
History: Amended 2023 Ky. Acts ch. 181, sec. 2, effective June 29, 2023. -- Amended
2022 Ky. Acts ch. 81, sec. 1, effective April 4, 2022. -- Amended 2019 Ky. Acts ch.
128, sec. 20, effective June 27, 2019. -- Created 2004 Ky. Acts ch. 116, sec. 4,
effective July 13, 2004.
Notes of Decisions
Cited in
4
cases (
4 in the last 5 years), 2023–2026 · leading case:
B. D. P. v. J. P.
B. D. P. v. J. P. (2023)
kyctapp · cites it 9×
“KRS 222.433(1) and (2). If the district court finds probable cause, it sets a final hearing, appoints counsel for the respondent, and directs two qualified health professionals, one of whom must be a physician, to evaluate the respondent.”
R.L.P. v. Commonwealth of Kentucky (2026)
ky · cites it 3×
“challenged the then-existing version of KRS 222.433, which allowed a court to order a 26 respondent to undergo involuntary SUD treatment after holding a single hearing in which it determined “if there [was] probable cause to believe the respondent” met the criteria for…”
A. O. v. Commonwealth of Kentucky (2026)
kyctapp
“100(8), and KRS 222.433(2). An initial hearing or determination with a lower standard of proof followed by a hearing with a heightened standard of proof is the typical procedure under our involuntary commitment statutes.”
A.O. v. Commonwealth of Kentucky (2026)
kyctapp
“100(8), and KRS 222.433(2). An initial hearing or determination with a lower standard of proof followed by a hearing with a heightened standard of proof is the typical procedure under our involuntary commitment statutes.”
— Ky. Rev. Stat. § 222.433(1) — 1 case
B. D. P. v. J. P. (2023)
kyctapp
“KRS 222.433(1) and (2). If the district court finds probable cause, it sets a final hearing, appoints counsel for the respondent, and directs two qualified health professionals, one of whom must be a physician, to evaluate the respondent.”
— Ky. Rev. Stat. § 222.433(2) — 4 cases
R.L.P. v. Commonwealth of Kentucky (2026)
ky
“challenged the then-existing version of KRS 222.433, which allowed a court to order a 26 respondent to undergo involuntary SUD treatment after holding a single hearing in which it determined “if there [was] probable cause to believe the respondent” met the criteria for…”
B. D. P. v. J. P. (2023)
kyctapp
“KRS 222.433(1) and (2). If the district court finds probable cause, it sets a final hearing, appoints counsel for the respondent, and directs two qualified health professionals, one of whom must be a physician, to evaluate the respondent.”
A. O. v. Commonwealth of Kentucky (2026)
kyctapp
“100(8), and KRS 222.433(2). An initial hearing or determination with a lower standard of proof followed by a hearing with a heightened standard of proof is the typical procedure under our involuntary commitment statutes.”
A.O. v. Commonwealth of Kentucky (2026)
kyctapp
“100(8), and KRS 222.433(2). An initial hearing or determination with a lower standard of proof followed by a hearing with a heightened standard of proof is the typical procedure under our involuntary commitment statutes.”
— Ky. Rev. Stat. § 222.433(2)(a) — 1 case
B. D. P. v. J. P. (2023)
kyctapp
“KRS 222.433(1) and (2). If the district court finds probable cause, it sets a final hearing, appoints counsel for the respondent, and directs two qualified health professionals, one of whom must be a physician, to evaluate the respondent.”
— Ky. Rev. Stat. § 222.433(2)(c) — 1 case
B. D. P. v. J. P. (2023)
kyctapp
“KRS 222.433(1) and (2). If the district court finds probable cause, it sets a final hearing, appoints counsel for the respondent, and directs two qualified health professionals, one of whom must be a physician, to evaluate the respondent.”
— Ky. Rev. Stat. § 222.433(3) — 1 case
B. D. P. v. J. P. (2023)
kyctapp
“KRS 222.433(1) and (2). If the district court finds probable cause, it sets a final hearing, appoints counsel for the respondent, and directs two qualified health professionals, one of whom must be a physician, to evaluate the respondent.”
— Ky. Rev. Stat. § 222.433(4) — 1 case
B. D. P. v. J. P. (2023)
kyctapp
“KRS 222.433(1) and (2). If the district court finds probable cause, it sets a final hearing, appoints counsel for the respondent, and directs two qualified health professionals, one of whom must be a physician, to evaluate the respondent.”
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.