Mental Health & Substance Abuse Petitions

Kentucky law lets family and close friends of people facing mental health crises and/or substance abuse to step in legally. They can ask for involuntary court-ordered treatment for their loved ones, ensuring they receive proper care and support when needed.

Casey’s Law

Casey’s law is the common name given to the involuntary treatment of persons suffering from alcohol and drug abuse in Kentucky. Casey’s Law provides a means of intervention with someone who is unable to recognize his or her need for treatment due to their addiction. Casey’s Law allows parents, relatives, and/or friends to petition the court for treatment on behalf of the person who is abusing alcohol and/or drugs (called a “respondent”).

Treatment Options

Treatment options under the law differ based on each case's details. The petitioner must sign a payment guarantee, committing to cover all expenses and treatment costs. These costs can be significant, so the petitioner should understand this before signing.

Under Casey’s Law, a person suffering from drug or alcohol abuse, known as the respondent, if the court finds:

The respondent suffers from alcohol or drug abuse;

The respondent presents an imminent threat of danger to their self, family or others as a result of alcohol or drug abuse, or there exists a substantial likelihood of such a threat of danger in the near future; and

The respondent will reasonably benefit from the treatment.

Steps in the Process

  • A spouse, relative, friend, or guardian of a person with mental health and/or substance abuse issues files a petition with the district court clerk.

  • The court evaluates the claims presented in the petition and asks the petitioner about the claims under oath.

  • If probable cause is established, the court orders the respondent to be evaluated, and a hearing is set within fourteen (14) days.

  • The respondent is notified of the date and purpose of the hearing.

  • The respondent is evaluated by two (2) qualified health professionals, at least one (1) of whom is a physician.

  • If the court finds the respondent should undergo treatment, the court shall order treatment from sixty (60) days or up to three hundred sixty (360) days, dependent upon the request in the petition and the result of the hearing.

    Important terms:

    Petitioner - The individual who requests involuntary treatment for someone else.

    Respondent - The individual the petitioner thinks needs court intervention for mental health or substance abuse issues.

  • Studies show that involuntary treatment can be as effective as voluntary treatment. Many people with substance abuse issues start court-ordered treatment only after being arrested for a crime while under the influence. Drug use and crime are closely linked, as those struggling with addiction often feel compelled to do whatever it takes to obtain drugs. Court-ordered treatment can work well, no matter who starts it.

  • Denial and distorted thinking hinder an individual's capacity to make rational decisions. For many, the ultimate low is death. Addiction is a progressive and life-threatening condition. The best chance for survival for someone struggling with substance use impairment lies in intervention.

  • Not everyone with substance abuse problems is arrested, and those who are taken into custody may not get the treatment they need to overcome their issues.

  • Failing to adhere to the court's orders can result in a serious situation known as contempt of court, which may lead to various legal penalties that could have significant consequences.


  • The petitioner is required to cover all expenses related to the process, which includes treatment costs. Nevertheless, there are numerous free or low-cost inpatient treatment facilities available in Kentucky, along with various grassroots organizations that can assist in exploring treatment options.

  • A copy of the petition for involuntary hospitalization for mental illness of the can be obtained at the district court clerk’s office by requesting Form #710 or accessed HERE.

    A copy of the petition involuntary treatment of alcohol/drug abuse (Casey’s Law) can be obtained at the district court clerk’s office by requesting Form #700A or accessed HERE.

    Forms can also be requested at the County Attorney’s office.