The burden of proof at the certification and recertification hearings under this chapter shall be on the petitioner to show, by clear and convincing evidence, that:

1. (1) The child is mentally ill or has symptoms of mental illness;
2. (2) The child is dangerous to himself or others;
3. (3) The child can benefit from treatment available only at a hospital; and
4. (4) No less restrictive alternative is available which will be effective in treating the child.

Effective: July 1, 1987

History: Created 1986 Ky. Acts ch. 423, sec. 154, effective July 1, 1987.