KRS § 645.120 — KY Code / Title LI / Chapter 645 / Section 645.120
645.120 Emergency hospitalization
Status: in_force

645.120 Emergency hospitalization.

(1) If, as a result of mental illness, a child appears in need of immediate hospitalization

for observation, diagnosis, or treatment, a peace officer or any interested person

may either take the child to a hospital, mental health facility, or another less

restrictive alternative or file a petition for emergency hospitalization. Upon filing a

petition, a peace officer may place a child up to twenty-four (24) hours, excluding

weekends and holidays, in a hospital or mental health facility or another less

restrictive alternative. The peace officer shall notify the court designated worker of

the child's placement. Within twelve (12) hours, the peace officer shall, if no other

party can be found, file a petition, unless the child has been taken to a hospital. No

child held under this section shall be held in a secure juvenile detention facility

unless a status offense action or public offense action is also pending.

(2) On the basis of a prompt examination and any other available information

concerning a child who is present at or presented at a hospital, an authorized staff

physician shall determine within twenty-four (24) hours if the child needs

immediate hospitalization after which the child shall be released within seventy-two

(72) hours unless the child is held pursuant to other provisions of this chapter.

(a) The hospital may accept physical custody of the child and may request the

person who brought the child to remain on the premises until the authorized

staff physician makes a determination;

(b) If the authorized staff physician determines that the child, as a result of mental

illness, appears to need immediate hospitalization, the physician shall admit

the child for observation, diagnosis, and treatment, and shall, if he deems it

appropriate, file a certification petition. If the proponent of emergency

hospitalization is not the child's legal custodian, the hospital shall immediately

notify the child's parent or other person exercising custodial control or

supervision including, if applicable, the state; and

(c) If the authorized staff physician determines the child does not need immediate

hospitalization, the physician shall release the child to a parent, person

exercising custodial control or supervision, or an agency having custody of the

child and make whatever recommendations or referrals the physician deems

appropriate.

(3) The petition for emergency hospitalization shall state the petitioner's belief,

including its factual basis, that the child, as a result of mental illness, needs

immediate hospitalization for observation, diagnosis, and treatment. Within twenty-

four (24) hours of the filing, exclusive of weekends and holidays, the court shall on

an ex parte basis, which may be by telephone:

(a) Deny the petition; or

(b) Issue an order authorizing a peace officer to transport the child to a designated

hospital or mental health facility for evaluation for emergency hospitalization,

at which time two (2) qualified mental health professionals, at least one (1) of

whom is an authorized staff physician, shall follow the procedures specified in

subsection (2) of this section. If the child is committed to the cabinet or will

be treated by the cabinet, the court shall notify the cabinet of its order at once

and shall also advise the cabinet of the sex and condition of the child who is to

be transported. The peace officer may, upon agreement of a person authorized

by the peace officer, authorize the cabinet, a private agency on contract with

the cabinet, or an ambulance service designated by the cabinet to transport the

child to a hospital or mental health facility. The cabinet shall pay the

transportation costs of the child and the official transporting the child, both to

and from the designated hospital or mental health facility, in accordance with

an administrative regulation promulgated under KRS Chapter 13A. If, after

evaluation, the qualified mental health professional finds that the child does

not meet the criteria for involuntary hospitalization, the child shall be released

immediately and transported back to the child's home county by an

appropriate means of transportation.

(4) An emergency hospitalization of a child may not exceed seven (7) days, exclusive

of weekends and holidays, unless a certification petition is filed before the seven (7)

days expire.