Kentucky Mental Health Hospitalization Act: Key Points

Enactment Year: The Act was passed in 1982 in Kentucky.
Purpose: Addresses involuntary hospitalization for mental illness.
Definition: Involuntary hospitalization involves admitting an individual to a hospital or psychiatric facility against their will.

Criteria for Involuntary Hospitalization

Danger to Self or Others: The individual poses a danger or threat due to mental illness.
Benefit from Treatment: The person can realistically benefit from treatment.
Least Restrictive Treatment: Hospitalization is the most suitable, minimally restrictive treatment option available.

Determining Mental Illness

Criteria: A person is considered mentally ill if they have significant difficulties with self-control, judgment, or discretion in personal and social interactions, stemming from physiological, psychological, or social factors.

Defining 'Danger'

Physical Harm Threat: 'Danger' involves actual or potential serious physical harm to oneself, family, or others.
Deprivation of Necessities: Includes actions leading to deprivation of basic needs such as food, shelter, or clothing.

'Least Restrictive Means' Explained

Treatment Goal: The chosen treatment should offer a realistic chance to improve the individual’s functioning.
Setting Consideration: Treatment should occur in the least confining environment suitable for the individual’s condition.

Mental Inquest Warrants

Shelby County Attorney’s Office: Guide to Involuntary Hospitalization

Welcome to the Shelby County Attorney’s Office page dedicated to understanding the laws and processes surrounding involuntary hospitalization in Shelby County. Our commitment is to provide clear, compassionate, and professional guidance to those navigating these challenging situations.

Understanding Involuntary Hospitalization (Mental Inquest Warrant - MIW)

In Shelby County, a Mental Inquest Warrant (MIW) is a legal procedure for involuntary hospitalization of individuals who meet certain criteria due to mental illness. The MIW process is designed to stabilize and treat individuals who pose a danger to themselves or others as a result of their mental condition and who can benefit from hospital treatment.

Criteria for an MIW

The individual must be mentally ill.
They present a danger or threat to themselves, family, or others as a result of their mental illness.
They can reasonably benefit from treatment.
Hospitalization must be the least restrictive mode of treatment available.

What MIW is Not

MIW is not applicable for individuals whose sole issue is drug or alcohol abuse.
It is not for those who are developmentally disabled without a benefit from treatment.

Process for Obtaining an MIW in Shelby County

Petition Filing: If you know someone meeting the above criteria, you can petition the court for an MIW. Petitions can be obtained from the Shelby County Attorney’s Office during regular office hours (8:30 AM - 4:00 PM, Monday-Friday).
Emergency Situations: In emergencies outside office hours, contact local law enforcement or dial 911.

Differences Between MIW and Casey’s Law

MIWs address mental illness requiring involuntary hospitalization.
Casey’s Law pertains to individuals suffering from alcohol or drug addiction.

MIW Process in Detail

Filing the Petition: A relative, friend, or guardian files the petition, which is reviewed by the court.
Court Review: The court examines the petitioner’s claims under oath and determines if there is probable cause for involuntary hospitalization.

Costs and Legal Considerations

Filing an MIW petition is free, but the petitioner is responsible for ensuring the accuracy of the information provided.
Incorrect or false allegations can lead to legal consequences.

Involuntary Hospitalization Under Kentucky Law

Enacted in 1982, the Kentucky Mental Health Hospitalization Act addresses involuntary hospitalization for mental illness.
Hospitalization is considered when it is the least restrictive means of treatment, and the individual can benefit from such treatment.

Emergency and Temporary Commitment

Immediate Detention: Police officers can transport individuals who pose a threat due to mental illness to a hospital or psychiatric facility.
Emergency Admission: A hospital physician may admit an individual already in a hospital to a psychiatric care facility for up to 72 hours.

For more information or assistance, please contact the Shelby County Attorney’s Office. Our dedicated team is here to guide and support you through this legal process, ensuring the well-being and rights of all involved.