What Is Casey’s Law? A Guide for Kentucky Families Seeking Help for a Loved One
Watching someone you love struggle with addiction — and refuse help — is one of the hardest experiences a family can go through. In Kentucky, families don’t have to wait for a crisis or an arrest before they can act. Casey’s Law gives parents, relatives, and friends a legal path to petition the court for treatment on behalf of a loved one who is unable or unwilling to seek it themselves.1 At Taylor County Recovery & Treatment, we want families in our community to understand how this law works and what it can offer.
Where Casey’s Law Came From
Casey’s Law — formally the Matthew Casey Wethington Act for Substance Abuse Intervention — is named for a young Kentuckian who died in 2002 from a heroin overdose at age 23.1 After his death, his parents advocated for a legal reform that would let families intervene on behalf of an adult who couldn’t recognize their own need for treatment. The law passed on April 9, 2004, and took effect that July.1 In the two decades since, Casey’s Law has helped more than 6,000 Kentuckians access treatment.2
Why the Law Exists
Casey’s Law is built around a difficult truth about addiction: denial and distorted thinking can prevent a person from making a rational decision about their own need for care.1 Research shows that involuntary treatment can be just as effective as treatment someone enters voluntarily, and many people struggling with substance use disorder never come into contact with the criminal justice system in a way that would otherwise connect them to court-ordered care.1 Casey’s Law closes that gap, giving families a civil — not criminal — path to intervention.
Who Can File a Petition
A spouse, relative, friend, or legal guardian of the person struggling with substance use can file a petition for a treatment order.1 The process begins at the District Court clerk’s office, where the petitioner requests Court Form 700A.1
How the Court Process Works
Once a petition is filed, Kentucky law lays out a defined sequence of steps:1
- The petitioner obtains and completes petition Form 700A from the District Court clerk.
- The petition is filed with the court by the spouse, relative, friend, or guardian.
- The court reviews the allegations and examines the petitioner under oath.
- A judge determines whether there is probable cause to move forward with a treatment order.
- The court appoints an attorney to represent the respondent (the person named in the petition) and orders an evaluation.
- A hearing is scheduled within 14 days.
- Two qualified health professionals — at least one of whom must be a physician — evaluate the respondent.
- The judge decides whether to order treatment, which can range from 60 to 360 days depending on the petition and evaluation results.
As of 2022, Kentucky law requires that a treatment order be supported by proof beyond a reasonable doubt, and it allows the evaluating health professionals to be subpoenaed for cross-examination at the hearing — changes made to strengthen the law’s legal footing.2
What Treatment Under Casey’s Law Looks Like
Treatment ordered under Casey’s Law isn’t one-size-fits-all. Depending on what the respondent needs, it can range from detoxification to more intensive treatment that continues into ongoing recovery support.1 Kentucky’s Office of Drug Control Policy also provides resources for families navigating this process, including a Casey’s Law voucher, the required court form, and a step-by-step checklist.1
A note on legal guidance: This article is intended for general education and is not legal advice. Filing a petition under Casey’s Law involves court procedures and evidentiary standards, and requirements can change. If you’re considering filing a petition, please consult the District Court clerk’s office or an attorney in your county to make sure you have the most current forms and guidance.
You Don’t Have to Navigate This Alone
Whether your family is exploring a Casey’s Law petition or simply looking for the right next step, Taylor County Recovery & Treatment is here to help. Our team can talk through treatment options and what to expect if a court orders care for your loved one.
If you’re in a mental health crisis, call or text 988 (Suicide & Crisis Lifeline). For medical emergencies, call 911. You can also reach the SAMHSA National Helpline at 1-800-662-HELP (4357) for free, confidential support.
Contact Taylor County Recovery & Treatment today to learn more about our treatment programs and how we can support your family through the Casey’s Law process.
Sources
1. Kentucky Office of Drug Control Policy. “Casey’s Law.” odcp.ky.gov. https://odcp.ky.gov/Resources/Pages/Caseys-Law.aspx
2. LINK nky. “Updates to Casey’s Law take effect in Kentucky.” April 5, 2022. https://linknky.com/politics/frankfort/2022/04/05/updates-to-caseys-law-take-effect-in-kentucky/
3. SAMHSA National Helpline: https://www.samhsa.gov/find-help/national-helpline
4. 988 Suicide & Crisis Lifeline: https://988lifeline.org
