Information from the County Attorney's Office
By Steven J. Franzen, Campbell County Attorney
Lately, there has been lots of media discussion about mental illness in our society. Many people are uncertain about what to do if they have a friend or loved one who is displaying concerning characteristics or suffering from mental illness.
Like many other states, Kentucky passed the Kentucky Mental Health Hospitalization Act in 1982 to address the sensitive issue of involuntary hospitalization for mental illness. In the simplest of terms, involuntary hospitalization means admittance to the hospital of an individual against his or her will and this is done through petition to the Court in your respective county.
Before anyone can be involuntarily hospitalized for mental illness, the person must meet the following criteria:
Present a danger or threat of danger to themselves, family or others as a result of the mental illness
can reasonably benefit from treatment; and
hospitalization is the least restrictive alternative mode of treatment presently available.
A person is considered "mentally ill" if he or she has serious problems with self-control, judgment or discretion in their personal affairs and social relations due to physiological, psychological or social factors.
A petition showing the aforementioned criteria must be filed to initiate an involuntary hospitalization and can be filed by a qualified medical professional, police officer, County or Commonwealth Attorney, spouse, relative, friend, guardian or other interested people. Depending on the circumstances, the individual suffering from mental illness may be immediately detained and admitted on an emergency basis. In most emergency situations, the hold cannot exceed 72 hours.
After proper notice to the individual suffering from mental illness, evaluation, and the court hearing, a Judge may hospitalize a person for a period of sixty (60) to three hundred sixty (360) consecutive days from the date of the court order, depending on what was requested in the petition.
If you have any topics you would like to have covered in this column, please contact my office by e-mail at countyattorney@campbellcountyky.org, by phone at 491-7700 or by regular mail addressed to 319 York Street, Newport, Kentucky 41071.