Casey's Law

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

"State of Addiction: Casey's Law" - WLKY, November 2, 2017

"Parents can force their children into drug rehab thanks to Casey's Law. Here's how" - The Courier-Journal, March 1, 2018

"A desperate parent's last resort: Hauling her daughter to court to force drug treatment" - The Courier-Journal, March 1, 2018

 

 

CASEY'S LAW PROCEDURE IN JEFFERSON COUNTY, KENTUCKY

We strongly recommend you contact Kathy Deutsch, Casey's Law Advocate, at 502-574-6188 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:             Office of the Circuit Court Clerk Mental Health Division located at 600 W. Jefferson Street – Room 3177, Louisville, KY 40202, telephone: (502) 595-4053.

 

WHAT IS CASEY'S LAW?

 

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.

There are many free and low cost programs/facilities in Kentucky, some of which may be found by browsing the links below.

http://gp930.com/resource-page/ (look under treatment locators and help); http://dbhdid.ky.gov/ProviderDirectory/ProviderDirectory.aspx;

http://caseyslaw.org/Treatment.htm.

https://findhelpnowky.org/

 

 

HOW DO YOU BEGIN THE CASEY'S LAW PROCESS?

To ensure a successful application process, contact should be made with Kathy Deutsch in the Jefferson County Attorney’s Office at (502) 574-6188 before filing a petition.  Casey’s Law can be a confusing process and failure to complete all of the steps within the proscribed deadlines will result in a dismissal of the case.  The Jefferson County Attorney’s Office is here to guide you and help you avoid potential pitfalls.

 

WHAT IS REQUIRED TO FILE A CASEY'S LAW PETITION?

 

  1. PREPARE PAPERWORK

A. Fill out the Casey’s Law petition sent to you by the Casey’s Law prosecutor but do not sign your name, since the clerk will witness and notarize your signature.  
 

B. Write a one-page statement with the most important facts pertaining to your loved one’s addiction, including what addiction they have, how they are a danger to themselves or others (include the most recent and first- hand facts), and why you are concerned about your loved one continuing to use.  Make a few copies of this statement.  
 

 

  1. FILE

A. Circuit Court Clerk’s Office-Take the petition, statement, and $60 to the Circuit Court Clerk’s Office located at 600 West Jefferson Street, Louisville, Kentucky between the hours of 8:30 am and noon.  Go to the third floor to the Mental Health Division, Suite 3177, and tell them you are there to file a Casey’s Law petition.  They will notarize your petition, take your papers, and give you the future court date.
 

B. Sheriff’s Office-After you are finished in the Clerk’s Office, go across the hall to the Sheriff’s Office to give them the papers from the Clerk’s Office, the $60 fee, and any details they may need to get your loved one served with the court date.   
 

 

  1. TREATMENT

    You must decide before the court date where you want your loved one to go to treatment.  You should consider factors such as location, cost, and length of treatment.  Before the court date, you must contact different facilities to find out which treatment center would best fit their needs and see if they have a bed available.  You must decide how they will be transported to the treatment program.  

 

  1. COURT

A.    On the court date, if your loved one does not agree to go to treatment, a hearing may be held to determine if there is enough evidence to go forward.  This is called a “probable cause hearing”.  If your loved one cannot afford an attorney, the judge will appoint a public defender.  During the hearing, the prosecutor or your loved one’s attorney may ask you questions.  Your loved one may also choose to testify if they wish.  If your loved one does not want to agree to treatment and probable cause is found, the case will be continued for a bench or jury trial.  You may have to testify again during the trial.
 

B.    Prior to the trial, your loved one must be evaluated by medical professionals.  The Jefferson County Attorney’s Office can give you further information on how to book these appointments.  
 

C.    If your loved one does not attend court or fails to complete court-ordered treatment, they face contempt of court and possible jail time.
 

 

Please refer to this website for treatment options:

 

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

 

 

 

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