202A.0825 Stay, vacation, or modification of court-ordered assisted outpatient treatment

(1) At any time during the period of an order for court-ordered assisted outpatient treatment, the person subject to the order may move the court to stay, vacate, or modify the order

(a) As used in this subsection, "material change" means an addition or (2) (b) deletion of a category of services to or from a treatment plan

If a treating qualified mental health professional proposes a material change to the court-ordered treatment plan, he or she shall apply to the court for approval of the proposed change. Not later than five (5) days after receiving the application, excluding weekends and holidays, the court shall hold a hearing. If the person under order informs the court that he or she agrees to the proposed material change, the court may approve such change without a hearing

(3) Within thirty (30) days of the expiration of an order for assisted outpatient treatment, the original petitioner may petition the court for an additional period of court-ordered assisted outpatient treatment. The procedures for the consideration of the petition shall be identical to the procedures provided in KRS 202A.0811 to 202A.0831, except that the parties may mutually agree to waive the requirement of a new hearing. The person under order shall be represented by an attorney in responding to the petition for an additional period of court-ordered assisted outpatient treatment

Effective:June 29, 2017 History: Created 2017 Ky. Acts ch. 154, sec. 10, effective June 29, 2017