KRS § 387.540 — KY Code / Title XXXIII / Chapter 387 / Section 387.540
387.540 Interdisciplinary evaluation report
Status: in_force

387.540 Interdisciplinary evaluation report.

(1) (a) Prior to a hearing on a petition for a determination of partial disability or

disability and the appointment of a limited guardian, guardian, limited

conservator, or conservator, an interdisciplinary evaluation report shall be

filed with the court. The report may be filed as a single and joint report of the

interdisciplinary evaluation team, or it may otherwise be constituted by the

separate reports filed by each individual of the team.

(b) If the court and all parties to the proceeding and their attorneys agree to the

admissibility of the report or reports, the report or reports shall be admitted

into evidence and shall be considered by the court or the jury if one is

impaneled.

(c) The report shall be compiled by at least three (3) individuals, including:

1. A physician, an advanced practice registered nurse, or a physician

assistant;

2. A psychologist licensed or certified under the provisions of KRS

Chapter 319; and

3. A person licensed or certified as a social worker or an employee of the

Cabinet for Health and Family Services who has at least one (1) year of

investigative experience and has completed training in conducting

decisional capacity assessments. The social worker shall, when possible,

be chosen from among employees of the Cabinet for Health and Family

Services residing or working in the area, and there shall be no additional

compensation for their service on the interdisciplinary evaluation team.

(2) At least one (1) person participating in the compilation of the report shall have

knowledge of the particular disability which the respondent is alleged to have or

knowledge of the skills required of the respondent to care for himself and his estate.

(3) If the respondent is alleged to be partially disabled or disabled due to mental illness,

at least one (1) person participating in the compilation of the interdisciplinary

evaluation report shall be a qualified mental health professional as defined in KRS

202A.011(13). If the respondent is alleged to be partially disabled or disabled due

to an intellectual disability, at least one (1) person participating in the compilation

of the evaluation report shall be a qualified professional in the area of intellectual

disabilities as defined in KRS 202B.010(12).

(4) The interdisciplinary evaluation report shall contain:

(a) A description of the nature and extent of the respondent's disabilities, if any;

(b) Current evaluations of the respondent's social, intellectual, physical, and

educational condition, adaptive behavior, and social skills. Such evaluations

may be based on prior evaluations not more than three (3) months old, except

that evaluations of the respondent's intellectual condition may be based on

individual intelligence test scores not more than one (1) year old;

(c) An opinion as to whether guardianship or conservatorship is needed, the type

of guardianship or conservatorship needed, if any, and the reasons therefor;

(d) An opinion as to the length of time guardianship or conservatorship will be

needed by the respondent, if at all, and the reasons therefor;

(e) If limited guardianship or conservatorship is recommended, a further

recommendation as to the scope of the guardianship or conservatorship,

specifying particularly the rights to be limited and the corresponding powers

and duties of the limited guardian or limited conservator;

(f) A description of the social, educational, medical, and rehabilitative services

currently being utilized by the respondent, if any;

(g) A determination whether alternatives to guardianship or conservatorship are

available;

(h) A recommendation as to the most appropriate treatment or rehabilitation plan

and living arrangement for the respondent and the reasons therefor;

(i) A listing of all medications the respondent is receiving, the dosage, and a

description of the impact of the medication upon the respondent's mental and

physical condition and behavior;

(j) An opinion whether attending a hearing on a petition filed under KRS

387.530 would subject the respondent to serious risk of harm;

(k) The names and addresses of all individuals who examined or interviewed the

respondent or otherwise participated in the evaluation; and

(l) Any dissenting opinions or other comments by the evaluators.

(5) The evaluation report may be compiled by a community center for mental health or

individuals with an intellectual disability, a licensed facility for mentally ill or

developmentally disabled persons, if the respondent is a resident of such facility, or

a similar agency.

(6) In all cases where the respondent is a resident of a licensed facility for mentally ill

or developmentally disabled persons and the petition is filed by an employee of that

facility, the petition shall be accompanied by an interdisciplinary evaluation report

prepared by the facility.

(7) Except as provided in subsection (6) of this section, the court shall order

appropriate evaluations to be performed by qualified persons or a qualified agency.

The report shall be prepared and filed with the court and copies mailed to the

attorneys for both parties at least ten (10) days prior to the hearing. All items

specified in subsection (4) of this section shall be included in the report.

(8) If the person evaluated is a poor person as defined in KRS 453.190, the examiners

shall be paid by the county in which the petition is filed upon an order of allowance

entered by the court. Payment shall be in an amount which is reasonable as

determined by the court, except no payment shall be required of the county for an

evaluation performed by a salaried employee of a state agency for an evaluation

performed within the course of his employment. Additionally, no payment shall be

required of the county for an evaluation performed by a salaried employee of a

community center for mental health or individuals with an intellectual disability or

private facility or agency where the costs incurred by the center, facility, or agency

are reimbursable through third-party payors. Affidavits or other competent evidence

shall be admissible to prove the services rendered but not to prove their value.

(9) The respondent may file a response to the evaluation report no later than five (5)

days prior to the hearing.

(10) The respondent may secure an independent evaluation. If the respondent is unable

to pay for the evaluation, compensation for the independent evaluation may be paid

by the county in an amount which is reasonable as determined by the court.