No person shall be court-ordered to assisted outpatient mental health treatment unless the person:

1. (1)

2. (2) Has a history of repeated nonadherence with mental health treatment, which has: Is diagnosed with a serious mental illness;

   1. (a) At least twice within the last forty-eight (48) months, been a significant factor in necessitating hospitalization or arrest of the person; or
   2. (b) Within the last twenty-four (24) months, resulted in an act, threat, or attempt at serious physical injury to self or others;

3. (3) Is unlikely to adequately adhere to outpatient treatment on a voluntary basis based on a qualified mental health professional's:

   1. (a) Clinical observation; and
   2. (b) Identification of specific characteristics of the person's clinical condition that significantly impair the person's ability to make and maintain a rational and informed decision as to whether to engage in outpatient treatment voluntarily; and
4. (4) Is in need of court-ordered assisted outpatient treatment as the least restrictive alternative mode of treatment presently available and appropriate.

Effective: July 14, 2022

History: Amended 2022 Ky. Acts ch. 32, sec. 2, effective July 14, 2022. -- Amended 2020 Ky. Acts ch. 29, sec. 1, effective July 15, 2020. -- Created 2017 Ky. Acts ch. 154, sec. 5, effective June 29, 2017.