Understanding Casey’s Law: Kentucky’s Route to Involuntary Treatment
What Is Casey’s Law?
Casey’s Law, an important piece of legislation in Kentucky, is named after Casey McChesney, an 18-year-old who died of a heroin overdose in September 2000 after pleading with his parents for help. Her parents, Roger and Mary McChesney, initiated the process to have Casey’s Law passed in 2004, which provides a separate court chapter designed to help people suffering from addiction obtain treatment rather than serving a jail sentence.
The Kentucky legislature unanimously passed the Civil Commitment Assistance Act (Casey’s LAW) in July 2004, allowing for involuntary substance abuse treatment for Kentucky residents through Circuit Courts. Casey’s Law is an effort to combat the growing problem of addicts who suffer from addiction but are unable to seek and participate in treatment on their own . After it became law in 2004, Casey’s family worked hard to make the law during a test period as effective as possible. After two years of pilot implementation in six Kentucky counties, Casey’s Law was implemented statewide in July 2006. The law provides for assessment and treatment of substance abuse problems by letting family members or friends petition a Circuit Court to compel the treatment of a person with a substance use disorder.
Kentucky’s Casey’s Law allows a court to order that treatment be given, usually on an outpatient basis. Once ordered, the individual is subject to standard Kentucky theft, breach of the peace, public intoxication, nudity, and disorderly conduct laws, but cannot be criminally prosecuted for alcohol- or drug-related conduct that occurred while under the influence at the time of their involuntary treatment.
Legal Components of Casey’s Law
Involuntary treatment under Casey’s Law requires a petition filed with the Circuit Court in the county where the person needing treatment resides. The proper venue for petitioning the court is the county where the court sits. If a person needing treatment is incarcerated, it may be necessary to file the petition in the county where the correctional institution is located. Alternatively, it may be best to apply in the county where the person needing treatment came from prior to incarceration. In some rare circumstances, it may be possible to obtain Casey’s Law treatment while in a hospital or at a jail.
The Petition may be filed by a "petitioner" who will be someone that knows the person needing treatment very well. Petitioner must also know the facts that might lead a court to involuntary treatment. Petitioner must personally know the prospective treatment respondent, and not rely on hearsay information from a third party. The Petitioner must be aware of the respondent’s ties to the particular county where the Petition is filed.
Petitioner must file the petition with the Court Clerk including three elements (as found in KRS 222.433). The first element is that the respondent has a severe substance use disorder. A severe substance use disorder may appear as an addiction or being dependent on the substance. If the respondent is a minor, she must be an addict or dependent on opiates and/or opiate derivatives. The second requirement is that the respondent shows a history of harming herself, others, or property through her addictions. The last requirement of a Casey’s Law petition is that the respondent who is at least 18 years of age is deemed to be "capable of surviving sobriety." "Capable of surviving sobriety" means that this person would be able to live without harmful substances yet cannot stay clean even in the face of strong environmental cues to use (old friends, hang-out places, etc.).
There are three ways to show capability of surviving sobriety but the most common method is through a mental health evaluation. The mental evaluation is conducted by a licensed clinical professional who is most often a physician or psychologist. Often people needing treatment are resistant to treatment and do not voluntarily seek treatment. Thus, the mental evaluation performed by a physician on a "hold" is often the first time they are made to answer questions about their substance use problems in formal assessment. Proper diagnosis and treatment recommendations can result from this evaluation.
Once the petition is filed, the court will review the petition for the requirements listed above and set a hearing date if the petition is satisfied. If the court finds the elements are not met, the petition will be denied and dismissed. If the court finds the petition is valid, they will issue an Order finding probable cause and setting the matter for hearing before a Circuit Judge. This hearing must be done within 20 days of the Order. The hearing is the hearing where Petitioner will be required to show the three elements exist.
Casey’s Law In Action
Once the petition is filed with the Circuit Court, a hearing is held within 48 hours on the involuntary treatment petition. The Court names a disinterested person, usually a psychiatric social worker, as the "designated party," and requires that person to arrange to have the Respondent examined by two qualified psychiatric examiners.
The evaluators are required to interview the Respondent, question the designated party, and review the petition. They may also perform blood or urine testing to determine whether the Respondent has been using drugs or alcohol. Based on the results of their evaluation, the psychiatric examiners prepare a report in which they describe the petition and the current mental state of the Respondent, and they express their opinion as to whether the Respondent is an "imminent danger."
The case is then referred to the District Court, who either withdraws the petition or sets a date for a hearing. The hearing occurs within ten days after the designated party begins evaluating the Respondent. The District Court hears from the designated party, the psychiatric examiners, the Respondent, and anyone else permitted by the Court, and makes a decision. If the Court decides the Respondent meets the requirement for court ordered treatment immediately, the Court will sign an involuntary treatment order form, committing the Respondent to involuntary substance abuse treatment at a qualified treatment facility.
If no treatment is ordered, the involuntary treatment petition is dismissed. At this point, there are no appeals from the dismissal.
Effectiveness and Impact
Casey’s Law, and the option to seek an involuntary substance use disorder evaluation for someone who is addicted to alcohol or drugs, has had both a positive effect as well as some "growing pains" for families in Kentucky.
The Council on Addictions have published an overview of Casey’s Law summarizing the pros and cons of the legislation’s impact. While Overview of Casey’s Law in Kentucky isn’t a scientific study, it highlights how Casey’s Law has helped thousands of people who suffer from substance use disorders in our state. Casey’s Law was implemented in the late summer of 2004 and gave parents, relatives, close friends, coworkers, and even roommates of people suffering from drug or alcohol addiction the ability to petition for a circuit court order that would compel the addicted person to enter into an approved drug or alcohol treatment program. Kentucky is one of a few states with some form of involuntary treatment law. As the Overview shows , since the inception of Casey’s Law roughly over 4,000 people have gone through the process for involuntary treatment. Of the 4,000 people who have been ordered to treatment, nearly 3,000 people successfully completed their treatment program. Of the 3,000 people who completed their treatment program, the 2012 Follow-Up Evaluation from the Kentucky Office of Drug Control Policy showed 50% are now drug-free and alcohol-free, 25% are not currently using alcohol or drugs but have not gained full recovery, and 17% are back onto drugs and alcohol. Furthermore, as we’ve mentioned before, the Jefferson County Casey’s Law program (Jefferson County is where Louisville, Kentucky is located) has a 75% success rate for treatment. For more about the Jefferson County Casey’s Law program, you can read about the success as experienced by families here.
Casey’s Law: Issues and Critique
Opponents of Casey’s Law have pointed to a number of potential flaws in the legislation. One particular policy concern is the possibility that involuntary treatment can result in violations of civil liberties. The potential for increased coercion of drug users, and the associated potential of legal liability, provide the most significant legal challenges to Casey’s Law. Involuntary treatment without proper constitutional protections could result in significant due process issues for the state. Civil libertarians are particularly concerned about the potential for abuse by well-meaning but misguided family members or acquaintances and the resulting impact on civil rights.
A case previously before the United States Court of Appeals for the Fourth Circuit provides an example of the due process concern. In 2009, the Fourth Circuit held in Kinchen v. Klincar that a West Virginia social worker who had committed a teenager to a year of incarceration on the advice of the boy’s mother violated his Fourteenth Amendment rights to substantive and procedural due process. The court stated that, due to the judge’s absence during the hearing, the boy was apparently never legally committed to the facility, and the mother’s advice to the social worker to imprison the boy, rather than admit him voluntarily, "does not excuse" the social worker’s actions.
Similarly, in 2010, the U.S. District Court for the Southern District of California held that a California emergency room physician who forcibly committed a 22-year-old man with a 16-month-old child to a treatment facility for the building’s drug dealer after the man reported smoking marijuana with the child did not violate the man’s constitutional rights under § 1983. While the court expressed concerns about the physician’s questionable motivations, it held that the physician was entitled to qualified immunity because the right to be free from state action did not appear to have been "clearly established" at the time the physician acted.
Court decisions such as the two just discussed suggest that any state agency or medical professional involved in treatment decisions under Casey’s Law may have the potential to face civil lawsuits if improperly applied. The potential statutory basis for any such lawsuit would be a violation of the person’s constitutional right to due process. Similarly, in situations where a parent or guardian has requested treatment under Casey’s Law, it may be possible for the child to sue on the basis of alleged violations of the child’s constitutional rights.
Kentucky Resources for Casey’s Law
For families considering Casey’s Law but feeling overwhelmed, an array of support and resources are available across the state. The Chris Atwood Foundation, Healing Hearts of Kentucky and Faces of Hope are three nonprofits dedicated to educating the public about substance abuse and supporting those who struggle with addiction. Each organization has staff members who have experienced addiction and have worked through the Casey’s Law process. These resources can be invaluable; while Casey’s Law is a legal path, those who deal with the case on a daily basis understand that it can be a very emotional experience as well. Kentucky citizens also have the resources of Addiction Recovery Care , Volunteers of America and the Kentucky Office of Drug Control Policy at their disposal. Each of these has specific resources for Kentuckians struggling with drug and alcohol addictions. In addition, the Kentucky Substance Abuse Helpline: 1-866-972-5327 is available 24/7. This free resource will walk you through the process of finding the best hope for recovery.
Please note: Neither The Indigent Defender’s Office nor The Person Centered Law Offices of Kenosha, LLC finds or ties to any of the resources listed above.