Casey's Law

RECENT MEDIA COVERAGE OF CASEY'S LAW

"Little-used law 'saves' heroin addict's life" - The Courier-Journal, August 21, 2016

"Prosecutor devoted to Casey's Law in Jefferson" - The Courier-Journal, August 21, 2016

"Seven myths about Casey's Law" - The Courier-Journal, August 21, 2016

 

CASEY'S LAW PROCEDURE IN JEFFERSON COUNTY, KENTUCKY

You must contact Claudia Smith, Assistant Jefferson County Attorney, at 502-574-5585 before filing a Casey’s Law Petition.

 

FIRST STEP - WATCH CASEY'S LAW VIDEO BELOW

 

 

DEFINITIONS/TERMS

 

Petitioner:        The person filing the paperwork requesting involuntary drug/alcohol treatment for a loved one.

Respondent:     The person in need of involuntary drug/alcohol treatment.

Petition:           The formal legal application and paperwork for Casey’s Law

QHP:                Stands for Qualified Health Professional and refers to the professionally certified individuals required to complete the Casey’s Law certification forms.

Certification:    Legal forms that must be completed by the QHP.  Each professional must sign their form and have it notarized.  The signed form MUST be returned to the clerk’s office within 24 hours of its completion.

Clerks:             Jefferson County Circuit Court Clerks of the Guardianship/MIW/Casey’s Law Division located at 600 W. Jefferson Street – Room 3177, Louisville, KY 40202, telephone: (502) 595-4053.

 

OVERVIEW OF CASEY'S LAW

 

Casey’s Law is a legal proceeding which results in a court order for involuntary treatment for addiction.  Please read this booklet in full before beginning the Casey’s Law process.  It is advised that you make an initial contact/screening call to a prosecutor in the Jefferson County Attorney’s Office.  (Claudia Smith 502-574-5585)  This ensures that the Petitioner has the Casey’s Law written materials, understands the process, and knows the current location of the Respondent.  The process has multiple steps and, in Jefferson County, requires the following:

 

  1. Book appointments with the professional evaluators. (See Section A(3) below)
  2. Call the prosecutor to relay the QHP appointment dates.  Based on those dates, the prosecutor will tell you the court date for the hearing and the date the Petitioner should go to the Jefferson County Clerk’s office to file the Casey’s Law petition.  YOU MUST BE PREAPPROVED TO FILE A CASEY’S LAW PETITION.  This rule is in place to ensure that the strict timelines for the professional appointments, certifications, and court hearing can be completed within the statutory time limits. (See Section A(4) below)
  3. File the Casey’s Law petition on the designated date.  The clerks will complete a summons containing the names and addresses of the QHP along with the dates and times of the scheduled appointments.  (See Section A(4) and Section B below)
  4. The Sheriff will serve the Respondent with the summons.  Once the Respondent is served, their failure to cooperate and attend the evaluations, court date, or treatment program will result in their arrest for contempt of court.
  5. Attend appointments with QHP.  Receive completed Certification. (See Section C below)
  6. Return completed Certification to the Jefferson County Clerk’s office with 24 hours.

This is required by law.  Failure to do so will result in a dismissal of the case. (See Section A(4) below)

  1. Start looking for the treatment program you want the Respondent to attend. (See links for treatment programs on page 7 of this booklet.)
  2. Attend Casey’s Law court hearing to testify concerning Respondent’s need for treatment.  (See Section D below)

 

 

JEFFERSON COUNTY CASEY'S LAW FILING PROCEDURES

 

  1. Before going any further, it is imperative that the Petitioner understand that the Respondent must be served with a court summons.  This means that the Sheriffs must be able to physically locate the Respondent at a fixed address.  If the Sheriffs cannot serve the Respondent, the court authority to issue forthwith orders of arrest and hold the Respondent in contempt for failing to obey will not attach. (Unfortunately, this means that if we can’t find the Respondent, you can’t do Casey’s Law.)
  2. Two evaluations (certifications)  are required before you have a court hearing
  3. Schedule the two evaluator appointments BEFORE filing the petition.  A list of qualified health professionals who perform the evaluations is attached.  (See pages 6 and 7.)  For ease in meeting the legal time deadlines, the first appointment should be at least 10-12 days from the date you call for an appointment (this gives the Sheriff’s time to serve the summons after the petition has been filed).  The 2 evaluation appointments should be no more than 3-5 calendar days apart, including weekends.  It would be ideal if they were scheduled for the same day.
  4. Call the Jefferson County Attorney’s Office at 502-574-5585 once the appointments have been made.  The prosecutor will tell you when you should file the paperwork for Casey’s Law based on the dates of the appointments.  These prearrangements will aid in meeting the fourteen (14) day time deadline within the Casey’s Law statute.
  5. Bring the Names, Address, Phone numbers, names of the Doctor and the Psychologist/Psychiatrist/Drug Counselor, appointment dates, and times to Jefferson  County Clerk’s Office.  The Jefferson County Clerk’s Office is located at 600 W. Jefferson Street – Room 3177, Louisville, KY 40202.  The clerks will provide a blank Casey’s Law Petition
  6. Complete petition.  Either sign the form in front of a notary or wait until you are in the clerk’s office to sign the form so that they can witness your signature.  Be sure to complete every blank line.
  7. It is very important you state detailed, recent and relevant facts about your child’s addiction problems. This information can be typed up in advance and attached to the petition when it is filed (but try not to exceed one, 8 ½ x 11 page).  Examples: failed rehabs, overdoses, criminal charges, years of usage, and why you feel this is your last and only option to keep your loved one alive. 
  8. Only check ONE of the boxes for length of treatment you are asking for – either up to 60 days OR up to 360 days.

 

WHAT WILL HAPPEN WHEN YOU FILE?

 

  1. The circuit clerk will ask you to sign guarantee of payment for treatment. DO NOT LET THIS SCARE YOU! FYI: There are many free and low cost facilities in Kentucky. http://gp930.com/resource-page/ (look under treatment locators and help).
  2. The clerk will give you two evaluator, 703A, forms and a hearing date.  According to the law, court dates must be scheduled within 14 days of the judge signing the petition.
  3. The petition will go to the judge to be reviewed to determine if probable cause exists to order treatment. Some courts in KY get back with you within 48 hours to confirm the court date and/or inform you of the judge’s finding on probable cause.  If the judge finds that probable cause exists, an order will be signed.  You must pick up the signed order.
  4. As soon as you receive the signed order, start calling facilities if you believe the Respondent needs an in-patient treatment bed. Often, the program will not talk to you unless you tell them you have filed Casey's Law.   Explain to them you need a bed before your court date and ask them to provide you a letter stating they have a bed available.
  5. Inquire if they have a detox center, if not, you can have them detox at a center before they go to rehab.
  6. The Respondent will be served by the Jefferson County Sheriff’s Department.  There is a fee for this service.  Ask the Jefferson District Court Disability Division clerks about the amount charged.  Service by Sheriff is the only valid method of obtaining personal jurisdiction over the Respondent.

 

WHAT TO DO AFTER FILING

 

  1. You are required to go to the appointments with the Respondent and, if necessary, to facilitate their attendance by providing transportation.  Give the blank certification forms to the professionals, and ensure they are completed, signed, and notarized.  The evaluator may choose to talk to you about the Respondent’s addiction and behaviors.
  2. There are critically important requirements and deadlines that MUST be met:
    1. One of the evaluators MUST be a medical doctor.
    2. The other evaluator MUST be a qualified health professional
    3. The evaluator must date, sign, and have the certification form notarized.
    4. The certification MUST   be turned into the clerk’s office within 24 hours of its completion.  To meet this deadline, the professional may, but is not required to, FAX the completed/notarized form to the Jefferson County Clerk’s Office at 502-595-3629.   IF AN EVALUATION IS FAXED IN ORDER TO MEET THE 24 HOUR DEADLINE, THE ORIGINAL FORM MUST BE DELIVERED TO THE CLERK’S OFFICE NO LATER THAN THE DAY BEFORE THE HEARING.
    5. Failure to comply with these deadlines will result in a dismissal of the case. 
  3. DO NOT GIVE THE COMPLETED EVALUATIONS TO THE RESPONDENT!  You may want to make a copy of the evaluation/certification to keep for your own records
  4. If the Respondent does not go to the appointments, you must be prepared to testify in court that the Respondent refused or failed to attend the appointment for evaluation. The judge will issue a Forthwith Order of Arrest for the Respondent.  You can help get them picked up by calling the Sheriff’s Department if you know where the Respondent is. 

 

WHAT TO EXPECT IN COURT

 

  1. Be prepared to testify to the following about the Respondent:
    1. The Respondent is addicted to alcohol or drugs
    2. They are a danger to themselves or others due to the addiction
    3. The Respondent can benefit from treatment.
  2. The certifications will be admitted into evidence and the judge will review the completed evaluations and recommendations of the professionals. 
  3. The judge will make a ruling about whether there is probable cause to believe that the Respondent needs to go to treatment.
  4. The Respondent may have a public defender present.

 

WHAT TO EXPECT AFTER COURT

 

  1. Be prepared to take them to treatment that day.  YOU MUST HAVE THE NAME AND ADDRESS OF THE DETOX PROGRAM AND/OR FACILITY THAT WILL BE TREATING THE RESPONDENT.  The judge will need that information to complete the court order.
  2. Be prepared for the Respondent to be very angry and possibly bolt.  If you do not believe that the Respondent will go to treatment willingly, you can pay the Sheriff’s fee and request that the Sheriffs transport the Respondent to the program.
  3. If you do attempt to transport the Respondent and they bolt, the person will be found in contempt of court and a warrant will be issued for their arrest. Once arrested, the judge will keep them in custody until the next court date.  This often has the benefit of allowing the Respondent time to process what is taking place and become more cooperative with treatment.
  4. The cycle of running away and arrest could recur if the Respondent does not initially cooperate.
  5. Be prepared to show the treatment provider the Note to Treatment Providers on page 8.  The treatment provider should be aware that they should talk to you about some aspects of the treatment process. (For example, if a detox program has been arranged at one facility and a long term treatment at another facility, you will need to be notified of the release from detox treatment so that transportation can be arranged to the long term facility.)

 

CASEY’S LAW EVALUATORS

 

LIST #1:  PHYSICIANS:

 

Dr. Mariano Galang

Dave Harmon & Associates 

Dupont Professional Towers

4010 Dupont Circle, Suite 226

Louisville, KY  40207

(502) 896-8006

Fee:  Insurance and Sliding Scale

Both certifications (MD and QHP) can be completed at this location

 

Dr. Robert J. Middleton, MD, FACP, FASAM

Board Certified Addiction Specialist

Addiction and Recovery Medicine

2100 Gardiner Lane Suite 217 A

Louisville, KY 40205

502-454-6001

Fee, $345 (this amount includes the cost of drug test)

 

Elizabeth Shelton-Meadows, MD

St Matthews Pastoral Counseling Center

3515 Grandview Avenue

Louisville, KY 40207

502-893-9831

Call for fee

 

 

LIST #2:  QUALIFIED CASEY LAW COUNSELORS:

 

Dave Harmon & Associates  (there is a group of QHP that can complete the certifications)

Dupont Professional Towers

4010 Dupont Circle, Suite 226

Louisville, KY  40207

(502) 896-8006

Fee:  Insurance and Sliding Scale

Both certifications (MD and QHP) can be completed at this location

 

Brian Anthony, CADC

1729-A Hywy 44

Shepherdsville, KY 40165     

502-543-4766

 

*Alan Plappert LCSW

7400 New LaGrange Rd, Suite 315

Louisville KY 40222

502.810.7377

plappert@att.net

Sliding Scale Fee, $80 max, notary available

 

Bill Green, LCSW, MDIV, AAMFT

2303 Hurstborne Village Dr. Suite 1100

Louisville, KY 40299

502-493-2827

Sliding Scale Fee, $60 max

 

*Pat McKiernan, PhD, CADC

422 Heywood Avenue

Louisville, KY. 40208

502-439-9210

Fee $200

 

 

 

Please refer to these websites for treatment options:

 

http://dbhdid.ky.gov/ProviderDirectory/ProviderDirectory.aspx

 

http://caseyslaw.org/Treatment.htm