Casey's Law

What is Casey’s Law?

The Matthew Casey Wethington Act for Substance Abuse Intervention is named for Matthew Casey Wethington, who died in 2002 from a heroin overdose at the age of 23. Casey was an energetic young man who enjoyed life until it was “taken” by drugs. Casey never intended to become addicted to drugs when he used the first time. What he did not realize was that his using would progress from abusing to dependence and then to the disease of addiction. Although his parents tried to get him help, there was no law that could force someone into treatment because he was an adult. After Casey’s death his parents lobbied for a change. “Casey’s Law” passed on April 9, 2004, and took effect July 13, 2004.

What does this law provide?

Casey’s Law allows parents, relatives, and friends to intervene in the life of a loved one struggling with substance abuse disorder. By petitioning a court for treatment, friends and family can make a difference long before an individual becomes involved in the legal system, develops a criminal record, and most importantly, succumbs to their addiction by overdosing.  

Individuals struggling with substance abuse disorder may be unable to recognize the need for treatment due to their impairment.   Casey’s Law steps in the gap and provides a legal procedure that may result in court-ordered involuntary treatment for those individuals. 

Treatment options vary depending on the circumstances of each case.  The petitioner (the individual filing paperwork requesting involuntary drug/alcohol treatment for a loved one) is obligated to pay all costs associated with the process, including treatment, but there are many free or low-cost inpatient treatment centers in Kentucky. 

Under Casey’s law, an individual will not be ordered to undergo involuntary treatment unless he or she presents an imminent threat of danger to themselves, their 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. It must also be determined that the individual can reasonably benefit from treatment.

Casey’s Law Process:

  1. A parent, spouse, relative, friend, or guardian must complete a Verified Petition for Involuntary Treatment and file it with the Circuit Court Clerk. This individual is known as the petitioner, and his/her signature must be notarized.  

The petition may be obtained from the Circuit Court Clerk’s Office, and it is also available at https://kycourts.gov/Legal-Forms/Legal%20Forms/700A.pdf.

  1. At the time the petition is filed, the petitioner must provide the Circuit Court Clerk the names of one physician and one additional qualified health professional, along with the dates and times of scheduled appointments for evaluations with each of those professionals.
  2. The District Court Judge will review the allegations in the petition to determine whether there is probable cause to order treatment.
  3. If probable cause is established, the Judge will appoint an attorney to represent the respondent (the individual in need of involuntary substance use/alcohol treatment), order the respondent to be evaluated by the two named professionals, and schedule a hearing within 14 days.
  4. Upon approval from the District Court Judge, the Clerk will direct the sheriff to serve the respondent with the petition and summons for the appointments with the two professionals. 

If the respondent fails to appear for the evaluations, they may be charged with contempt of court.

  1. The respondent must be evaluated by the two designated health professionals to determine if the respondent could benefit from treatment.  The petitioner must attend the evaluation appointments and obtain completed Certification/Evaluations. These documents must be returned to the Clerk’s Office within 24 hours of each appointment.
  2. During this period of time, the petitioner should also be contacting treatment facilities to arrange for treatment as prescribed by the two designated professionals and as requested in the petition.
  3. The petitioner and the respondent will be required to attend court on a specified date after the evaluations are complete. The County Attorney’s Office will present the petition and findings to the District Court Judge.
  4. If the Judge finds the respondent should undergo treatment, the Court will order treatment for 60 days up to 360 days, depending upon the request in the petition and the result of the evaluations. Treatment options vary depending upon each individual’s circumstances and can range from detoxification to intensive treatment through recovery.  
  5. The petitioner will be responsible for transporting the respondent to the treatment facility.
  6. The petitioner is responsible for keeping the Court informed of any changes in status of the respondent.

 

Our office can assist with the preparation of the petition.

For emergencies, please call 911.