Loved ones can begin the process by filing a Casey’s Law petition with their local court system in Kentucky or Ohio. The petition is a short, three-page form that must be completed by the individual requesting the court to order a loved one to treatment. The form must also be notarized.
Full Answer
How can kmhc help with Casey’s law in Kentucky recovery?
Through our Kentucky Recovery program, KMHC works with attorneys and other experts to help you utilize Casey’s Law to send your loved one to treatment — for more information, please call today to speak with one of our substance abuse professionals HOW DOES CASEY’S LAW WORK?
Is Casey’s law the right option for You?
If you’re on the fence as to whether or not Casey’s Law is the right option for you to pursue, you should be aware that mandatory treatment has seen promising results. The National Institute on Drug Abuse conducted a study on the viability of mandatory treatment for inmates over a period of five years.
Are there any free long-term inpatient addiction recovery centers in Kentucky?
But there are 15 free long-term inpatient recovery centers through Recovery Kentucky - and several low-cost facilities, said Arlene Rice, with the Kentucky Harm Reduction Coalition. If insurance is no longer paying or free treatment is no longer available, petitioners who are having difficulty paying can ask the judge to dismiss their petition.
Can you file a Casey's law petition more than once?
So courts allow petitioners to file more than once. Recovering addict Lindsey Collinsworth said she walked away from her first court-ordered treatment stint within a few weeks. Her parents filed a Casey's Law petition a second time, and she is doing well several months into her second court-ordered treatment stint.
What is the petition process for Casey's law?
Obtain a copy of the petition from the District Court clerk's office by requesting Form 700A – the Verified Petition for Involuntary Treatment of Alcohol/Drug Abuse. A spouse, relative, friend or guardian of the substance abuse-impaired person completes the petition and files it with the District Court clerk.
How does Casey's law work in Kentucky?
Casey's Law is a legal proceeding which results in a court order for involuntary treatment for addiction. The Petitioner is responsible for all costs related to Casey's Law including treatment and the circuit clerk will ask for a signature on a guarantee of payment for treatment.
Who must file the petition to commitment someone for substance abuse issues under Casey's law?
Casey's Law, which went into effect in 2004, allows parents, relatives or friends to intervene and petition the court for treatment on behalf of their substance abuse-impaired loved one.
What is the Casey law and how does it work?
The law became effective in Kentucky in 2004 and was inspired by Casey Wethington's death of a heroin overdose. The law allows the parents, relatives, or friends of an addicted person to lawfully intervene and request involuntary, court-ordered addiction treatment for their addicted loved one.
How do you have someone committed in Kentucky?
A petition for involuntary hospitalization must be filed by a family member or other concerned individual in the District Court of the county where the person to be hospitalized lives or is present at the time of filing.
Is Casey's law a federal law?
Casey's Law gives parents, relatives or friends a tool to get treatment for their loved one who suffers from the disease of Addiction. It allows parents, relatives or friends to intervene on a loved one regardless of age and without any criminal charges.
Does Ky have a Baker Act?
Like every state, Kentucky has civil commitment laws that establish criteria for determining when involuntary treatment is appropriate for individuals with severe mental illness who cannot seek care voluntarily.
Is Casey's law constitutional?
Kentucky's Casey's Law, involuntary treatment for the addicted, is challenged as unconstitutional. The constitutionality of a Kentucky law that allows families and friends of people with addiction to ask a court to order their loved one into involuntary treatment is being challenged.
What states have Marchman Act?
States with and Without Mandatory Addiction Treatment LawsAlabama. Drugs and alcohol are excluded from the definition of mental illness in Alabama. ... Alaska. ... Arizona. ... Arkansas. ... California. ... Colorado. ... Connecticut. ... Delaware.More items...•
When was Casey's law passed?
2002It is known as Casey's Law. This law was created after Casey Wethington's death from a heroin overdose in 2002. The law started in Kentucky in 2004 and has now expanded to Ohio. Wethington's parents have been pushing for the law to be taken up in more states like Georgia.
Does TN have Casey's law?
Tennessee does not have laws like Casey's Law in Kentucky or Marchman Act in Florida to commit someone to rehab. General mental health crisis laws in Tennessee can apply to drug and alcohol addiction.
Is there a Casey law in Ohio?
Ohio is one of several states that passed legislation for the involuntary placement of an individual into drug and alcohol treatment, referred to as Casey's Law. This law allows you to petition the court in your respective county to order your loved one to go to rehab or another form of addiction treatment.
What is Mandatory Treatment?
Addicts are often in denial about the true state of their addiction. For that reason, they are often opposed to seeking treatment options. Casey’s Law was enacted to allow close friends, loved ones, and relatives of addicts to legally mandate people to attend a treatment program.
Next Steps
If your considering Casey’s Law for your loved one, your not alone. Many people have turned to the legal system for help when they cannot convince their loved ones to get the help they so desperately need. For more information about Casey’s Law, visit this link.
What is Casey's law?
CASEY’S LAW. Casey’s Law refers to the Matthew Casey Wethington Act for Substance Abuse Intervention. The law became effective in Kentucky in 2004 and was inspired by Casey Wethington’s death of a heroin overdose.
How long does it take to get a loved one's treatment?
The court will order treatment for anywhere between 60 and 360 days and can range from detoxification to intensive treatment.
Can you file for Casey's Law multiple times?
You should also know that Kentucky courts will allow you to file for Casey’s Law multiple times and that relapses are unfortunately a common occurrence for addicts suffering from a serious chemical dependency.
Who can represent a person in Casey's Law?
The loved one filing the Casey's Law petition will be represented by a prosecutor from the local county attorney's office. The person struggling with addiction can hire an attorney or allow the court to appoint a public defender to represent his or her side.
Can you file for heroin more than once?
Relapse is common with addiction, so loved ones can file more than once. One mother said her son finally is doing well with his recovery from heroin after three Casey's Law court cases.
What is Casey's law in Kentucky?
Casey’s Law allows family members in Kentucky and Ohio to file paperwork with a local court to force someone to go to addiction treatment when that person is unable to recognize their need for help. If they run or refuse, they can go to jail until they agree, but it doesn’t create a criminal record. It gives loved ones a clear path to intervene ...
Who invokes Casey's law?
Casey’s Law can be invoked by the parents, relatives or friends of someone who is unable to realize their dire need for addiction treatment. You may be overwhelmed by the process, but just take it step-by-step. The law was made specifically for family members like you and it can save your loved one’s life. Here’s what you need to do ...
How long is the mandate for a relapse?
The judge will decide how long treatment is mandated on a case-by-case basis. Filing for 360 days could advantageous because if they leave treatment or relapse within that time frame, the mandate continues to apply. Treatment can include detox, inpatient rehab and outpatient therapy.
Who is Casey's mother?
Since the law was enacted in 2004, Casey’s mother Charlotte established PEACE, a support group designed for people who have lost loved ones to the disease of addiction. She also hosts a TV show where she educates the public about addiction once a month.
Is there a fee for Casey's Law?
Because you have to file paperwork through the court, there may be an administrative fee. The fee to file for Casey’s Law varies depending on the county, but it is usually relatively low (especially compared to the cost of addiction). These laws are designed to help families, not to overwhelm them with legal fees.
Can you file for Casey's Law more than once?
If they leave treatment before they complete the program, law enforcement can track them down and them back to treatment. You are allowed to file for Casey’s Law more than once .
Does Casey's Law mean you have to get treatment?
Enacting Casey’s Law doesn’t necessarily mean that your loved one needs to get treatment in your immediate area or even your state. The court allows you to choose the treatment center.
What is Casey's law?
Here are seven myths about Casey's Law, a little-used Kentucky law that parents and other loved ones of drug addicts and alcoholics can use to ask a judge to order addiction treatment:
How long does a court order last in Kentucky?
Treatment will only last 30 days. In fact, Kentucky law allows the judge to order up to 360 days in treatment, but judges can limit it to 60 days or something in between, said Blau, now a Campbell County District Court judge.
Does coerced treatment work?
Forced, or coerced treatment, can't work . Dr. James Murphy, a nationally recognized pain management specialist with patients in Kentuckiana, says coerced treatment does work. "Research indicates that a person coerced to enter treatment by the criminal justice system is likely to do as well as one who enters voluntarily.
Can a judge order an addict back to jail?
The real truth is that a judge can order an addict back to court for a hearing to determine if the addict failed to follow orders to complete treatment. If the judge finds the person viola ted the court order, the judge has discretion to order the person to jail - and then back to treatment.
Do you have to hire a lawyer for a casey's law petition?
The truth is that the "petitioner," the loved one filing a Casey's Law petition, does not have to hire a lawyer. A prosecutor, through your local County Attorney's office, will represent you. The addict can hire their own lawyer or someone from either the public defender's will be appointed to represent them. 2.
Can you file Casey's Law more than once?
You can only file Casey's Law once. Relapses during treatment for drug or alcohol addiction - especially heroin - are common, Murphy said. So courts allow petitioners to file more than once. Recovering addict Lindsey Collinsworth said she walked away from her first court-ordered treatment stint within a few weeks.