Casey’s Law in Kentucky — How to File a Petition

What Is Casey’s Law?

Casey’s Law, codified at KRS 222.430 through KRS 222.437, is a Kentucky statute that allows concerned individuals to petition a District Court to order involuntary substance abuse treatment for a person who is unable or unwilling to seek help on their own. The law was enacted in 2004 and is named after Matthew Casey Wethington, a young man from Northern Kentucky who died of a heroin overdose at age 23. Casey’s parents championed the legislation so that other families would have a legal tool to intervene before it is too late.

If you are watching a loved one spiral deeper into addiction—losing jobs, damaging relationships, risking overdose—and they refuse every attempt you make to help, Casey’s Law exists for exactly this situation. It empowers you to ask a judge to order your loved one into treatment, even without their consent.

Understanding How Casey’s Law Works

Casey’s Law is a civil proceeding, not a criminal one. Filing a petition does not result in an arrest or a criminal record for the person you are trying to help. The entire purpose of the law is to connect someone with substance abuse treatment—not to punish them. This is an important distinction that many families find reassuring.

It is also important to understand how Casey’s Law differs from other Kentucky statutes. Tim’s Law (KRS 202A) addresses involuntary commitment for individuals with serious mental illness who pose a danger to themselves or others. While substance abuse and mental health issues often overlap, the two laws serve different purposes and follow different procedures. Casey’s Law is specifically designed for substance use disorders. If your loved one’s primary struggle is addiction—whether to alcohol, opioids, methamphetamine, or other substances—Casey’s Law is the appropriate legal mechanism.

The proceedings are also confidential. Court records related to Casey’s Law petitions are sealed to protect the privacy of both the petitioner and the respondent (the person named in the petition). This confidentiality encourages families to use the process without fear of public stigma.

Who Can File a Casey’s Law Petition?

Under KRS 222.431, any “qualified person” may file a Casey’s Law petition. The law defines this broadly. You do not have to be a family member to file. Qualified petitioners include:

• Parents and legal guardians of the individual
• Spouses and domestic partners
• Adult children, siblings, and other relatives
• Friends who have direct knowledge of the person’s substance abuse
• Any other person who can demonstrate firsthand knowledge of the individual’s substance abuse and its effects

The key requirement is that the petitioner must have personal knowledge of the individual’s substance abuse—not hearsay or speculation. You must be able to describe specific incidents, behaviors, or consequences that demonstrate the person has a substance use disorder and needs treatment.

Step-by-Step: How to File a Casey’s Law Petition

The petition process involves several stages, from gathering documentation to the final court order. Below is a detailed walkthrough of each step.

Step 1: Gather Evidence of Substance Abuse

Before filing your petition, take time to collect as much supporting evidence as possible. The stronger your documentation, the more persuasive your petition will be. Useful evidence includes:

• Dates and descriptions of specific incidents where substance abuse was observed
• Records of hospitalizations, emergency room visits, or overdoses related to drug or alcohol use
• Any arrests or legal problems connected to substance abuse
• Documentation of failed voluntary treatment attempts (rehab discharges, dropped programs)
• Statements from other witnesses who have observed the substance abuse firsthand
• Evidence of how the substance abuse has affected the person’s health, employment, housing, or relationships

You do not need to have every item on this list. Even a few well-documented incidents can support a compelling petition. An attorney experienced with Casey’s Law can help you identify which evidence will be most effective.

Step 2: Contact the District Court

Casey’s Law petitions are filed in the District Court of the county where the person resides. Contact the clerk’s office to obtain the petition form and ask about any local filing requirements. Some counties may have specific procedures or designated hearing days for Casey’s Law matters.

If you are unsure which county to file in—for example, if your loved one moves between residences or has no stable housing—an attorney can help you determine the correct jurisdiction.

Step 3: Complete the Verified Petition

The petition itself is a verified legal document, meaning you must sign it under oath. In the petition, you will need to:

• Identify the respondent (the person you believe needs treatment) by name and address
• Describe the nature and extent of the person’s substance abuse with specific facts
• Explain how the substance abuse poses a risk to the person’s health, safety, or well-being—or to others
• Detail any prior treatment attempts and why they were unsuccessful
• State why involuntary treatment is necessary because the person has refused or is unable to seek help voluntarily

The petition must be thorough and factual. Vague or general statements are less likely to persuade a judge. This is one of the most important reasons to work with an attorney—a well-drafted petition significantly improves your chances of the court granting the relief you are seeking.

Step 4: Submit the Petition to the Court

Once the verified petition is complete, file it with the District Court clerk. A judge will review the petition, typically within a short timeframe. Based on the information presented, the judge may:

• Order an immediate temporary 72-hour hold so the individual can be evaluated by a substance abuse professional
• Schedule a hearing to take place within a few days
• Request additional information before proceeding

If the judge orders a 72-hour hold, law enforcement may be involved in transporting the individual to a treatment or evaluation facility. This can be one of the most difficult moments for families, but it is a necessary step to ensure your loved one receives a professional assessment.

Step 5: Professional Evaluation

During the evaluation period, a licensed substance abuse professional examines the individual to determine whether they meet the clinical criteria for a substance use disorder. The evaluator will assess the severity of the addiction, any co-occurring mental health conditions, the individual’s treatment history, and the appropriate level of care needed.

The evaluator’s findings are submitted to the court and play a significant role in the judge’s decision at the hearing.

Step 6: The Court Hearing

The court will schedule a hearing where both sides have the opportunity to present evidence. As the petitioner, you (or your attorney) will present the facts supporting the need for court-ordered treatment, including the evidence you gathered, witness testimony, and the evaluator’s report.

The respondent has the right to be present at the hearing, to have an attorney (the court will appoint one if they cannot afford counsel), and to present their own evidence in opposition to the petition. The hearing functions much like other civil court proceedings, with testimony and cross-examination.

The judge will weigh all the evidence and determine whether the respondent has a substance use disorder that warrants court-ordered treatment.

Step 7: The Court Order

If the judge finds that the respondent does have a substance use disorder and that treatment is warranted, the court will issue an order for involuntary treatment. The initial treatment order is for up to 60 days. Depending on the individual’s progress and needs, the order can be extended—up to a maximum of 360 days total.

60-Day vs. 360-Day Treatment Orders

The initial court order under Casey’s Law authorizes treatment for up to 60 days. This period provides time for the individual to begin a structured treatment program, undergo detoxification if needed, and start building the foundation for recovery.

If the treating professionals determine that additional time is needed—and the court agrees—the treatment order can be extended beyond 60 days, up to a total of 360 days. Extensions require court approval and are based on the clinical judgment of the treatment providers. Factors that may support an extension include:

• The severity and duration of the individual’s addiction
• Co-occurring mental health disorders that complicate recovery
• A history of relapse or failed treatment attempts
• The treatment team’s assessment that the individual is not yet stable enough for discharge

The 360-day maximum provides a meaningful window for sustained treatment. Many substance abuse professionals emphasize that longer treatment durations are associated with better long-term outcomes, and this extended timeframe allows for a continuum of care that may include inpatient treatment followed by structured outpatient programs.

Rights of the Respondent

Casey’s Law is designed to help people, not to strip them of their constitutional protections. The respondent retains important due process rights throughout the proceeding:

• Right to an attorney — The respondent may hire their own attorney or have one appointed by the court at no cost
• Right to be present at the hearing — The respondent can attend, listen to testimony, and participate in the proceedings
• Right to present evidence — The respondent may call witnesses, submit documents, and challenge the petitioner’s evidence
• Right to cross-examine witnesses — The respondent’s attorney can question the petitioner and any other witnesses
• Right to appeal — If the court orders involuntary treatment, the respondent may appeal the decision

These protections ensure that Casey’s Law is used responsibly and that no one is ordered into treatment without a fair process.

What Happens During Court-Ordered Treatment

Once a treatment order is issued, the respondent is placed in a treatment program determined by the court and the evaluating professionals. The type of treatment depends on the severity of the addiction and may include:

• Inpatient/residential treatment — A structured live-in program that provides intensive therapy, counseling, and medical supervision
• Outpatient treatment — Regular therapy sessions and group meetings while the individual lives at home or in a sober-living environment
• Medication-assisted treatment (MAT) — The use of FDA-approved medications (such as buprenorphine, methadone, or naltrexone) combined with counseling to treat opioid or alcohol use disorders
• Combination programs — A step-down approach that begins with inpatient care and transitions to outpatient treatment as the individual progresses

Throughout the treatment period, the individual’s compliance is monitored. If the respondent fails to comply with the treatment order—by leaving a program, refusing medication, or otherwise violating the court’s terms—they may be held in contempt of court. Contempt can carry additional legal consequences, including the possibility of jail time, which provides a strong incentive for the individual to remain engaged in treatment.

Cost Considerations

One of the most common questions families have is: Who pays for the treatment? Under Casey’s Law, the petitioner is generally responsible for the costs of treatment. However, this does not mean you must bear the entire financial burden alone. Several resources may help offset expenses:

• Health insurance — If the respondent has private health insurance, the policy may cover substance abuse treatment. The Mental Health Parity and Addiction Equity Act requires most insurers to cover addiction treatment at the same level as other medical conditions.
• Medicaid — Kentucky Medicaid covers substance abuse treatment services, including inpatient and outpatient programs. If the respondent qualifies, Medicaid can significantly reduce out-of-pocket costs.
• State-funded treatment programs — Kentucky operates state-funded treatment facilities and programs that may accept individuals ordered into treatment through Casey’s Law, particularly when no other payment source is available.
• Sliding-scale programs — Some private treatment centers offer sliding-scale fees based on the family’s ability to pay.

An attorney familiar with Casey’s Law can help you understand the cost implications before you file and identify resources that may be available in your situation.

Filing in Central Kentucky

Casey’s Law petitions are handled by the District Court in the county where the respondent lives. Ashley Larmour regularly assists families in Central Kentucky counties, including:

• Scott County — Georgetown District Court
• Fayette County — Lexington District Court
• Franklin County — Frankfort District Court
• Bourbon County — Paris District Court
• Woodford County — Versailles District Court

Each county’s District Court may have slightly different scheduling practices and local procedures for Casey’s Law petitions. Working with an attorney who is familiar with the judges and court staff in these counties can help ensure your petition moves through the process as smoothly and quickly as possible.

How Ashley Larmour Can Help Your Family

Filing a Casey’s Law petition is an emotionally overwhelming experience. You are asking a court to intervene in the life of someone you love deeply—and that decision is never easy. At Larmour Law Offices, Ashley understands the pain, fear, and urgency that bring families to this point. She has guided families through the Casey’s Law process and knows what it takes to prepare a petition that gives your loved one the best chance of receiving treatment.

Here is how Ashley helps:

• Evaluating your situation — During an initial $175 consultation, Ashley will listen to your story, assess whether Casey’s Law is the right tool for your situation, and explain what to expect
• Gathering and organizing evidence — Ashley helps you identify and compile the documentation that will make your petition as strong as possible
• Drafting the verified petition — A carefully written petition that presents specific, compelling facts is critical to the outcome. Ashley prepares petitions that meet all legal requirements and present your case clearly
• Filing with the court — Ashley handles the procedural details, ensuring everything is filed correctly and in the right jurisdiction
• Representing you at the hearing — If the case goes to a hearing, Ashley presents your evidence, examines witnesses, and advocates for court-ordered treatment on your loved one’s behalf
• Guiding you through what comes next — After the court issues a treatment order, Ashley helps you understand the next steps and what to expect during the treatment period

You should not have to navigate this process alone. If your loved one is in crisis and you need help, contact Larmour Law Offices to schedule a consultation.