Casey's Law (Drug Intervention)

Casey's Law is the common name given to involuntary treatment of persons suffering from alcohol and drug abuse in Kentucky. Casey's Law provides a means of intervention with someone who is unable to recognize his or her needs for treatment due to their addiction. Casey's Law allows parents, relatives, and/or friends to petition the court for treatment on behalf of the person who is abusing alcohol and/or drugs.

Matthew Casey Wethington died in 2002 from a heroin overdose at the age of 23. Casey was an energetic young man who enjoyed life until his life 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 the disease of addiction. Although Casey's 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 change and "Casey's Law" took effect July 13, 2004.

Denial and distorted thinking can impede a person's ability to make a rational decision. Unfortunately, the 'bottom' for many is death. Addiction is a progressive, life-threatening disease. The best hope of survival for a person who is substance abuse impaired is intervention. Studies show involuntary treatment can be as successful as voluntary treatment. Most individuals who are substance abuse impaired receive court ordered treatment only after they have been arrested for a crime while under the influence of a substance. Drugs and crime often go hand-in-hand because individuals resort to any means necessary to obtain their drugs. Court ordered treatment can be effective regardless of who initiates it.

If you suffer from addiction or have a loved one who suffers from an addiction, please watch the following videos.

Under Casey's Law, a person suffering from drug or alcohol abuse will be ordered to undergo involuntary treatment if the Court finds:
1. The person suffers from alcohol or drug abuse;
2. The person presents an imminent threat of danger to self, 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; and
3. The person can reasonably benefit from treatment.

Process To Obtain Treatment Using Casey's Law:

• A spouse, relative, friend or guardian of the substance abuse impaired person obtains the petition from the District Court Clerk's Office by requesting "AOC Form 700A" and completes and files the petition with the District Court Clerk.
• After the petition is filed, the District Judge reviews the allegations and examines the Petitioner under oath to determine whether there is probable cause to believe the Respondent should be ordered to undergo treatment.
• If the District Judge decides there is probable cause, the District Judge orders the Respondent to be evaluated by two qualified health professionals, at least one of whom is a physician, and a hearing is scheduled within 14 days.
• The Respondent is notified of the date and purpose of the hearing, and an attorney is appointed to represent the Respondent.
• If the District Judge determines the Respondent should be ordered to undergo treatment at the completion of the hearing, the District Judge will order such treatment for the Respondent up to 360 days, depending upon the request in the petition.
• If the Respondent fails to undergo treatment as ordered, the Respondent may be held in contempt of court.
• The Petitioner is responsible for:
  All costs incurred in the process
  Obtaining treatment services for Respondent
  Transporting Respondent to the treatment facility