Casey's Law

What Kind of Law Is It?

This is a law for involuntary treatment. 

Does Involuntary Treatment Work?

Studies show that involuntary treatment can be just as successful as voluntary treatment. Most individuals who are substance abuse impaired receive court-ordered treatment only after they have become arrested for a crime while under the influence of a substance. Drugs and crime often go hand in hand because people who are substance abuse impaired are forced by their disease to resort to any means necessary to procure their drug. Court-ordered treatment can be effective regardless of who initiates it.

Do the People with Substance Use Disorders Have to Want Help?

Denial and distorted thinking impedes their ability to make a rational decision.  The “bottom” for many is death. Addiction is a progressive, life-threatening disease. The best hope of survival for a person who is substance abuse impaired is intervention.

Why Not Wait for Court Intervention?

Not all people who are substance abuse impaired are arrested or, in the event that they are, may not receive the necessary treatment.

What Does This Law Provide?

This act provides a means of intervening with someone who is unable to recognize his or her need for treatment due to their impairment. This law will allow parents, relatives, and/or friends to petition the court for treatment on behalf of the person who is substance abuse impaired.

What Is the Length of Treatment That Can Be Ordered?

Treatment options can vary depending on the circumstances of each individual case and can range from detoxification to intensive treatment through recovery.

What Happens If the Respondent Fails to Comply at Anytime During the Process?

Failure to comply may place the respondent in contempt of court.

Who Pays for the Treatment?

As the law is currently written, the petitioner is obligated to pay all costs incurred in the process as well as for treatment and must sign a guaranty for payment. 

Casey’s Story

Casey was an energetic young man who enjoyed life until it was “taken” by drugs. As a boy, he participated in a variety of sports such as soccer, baseball, basketball, and wrestling. He enjoyed collecting baseball cards, playing video games, playing the guitar, riding bikes, and skateboarding. All of that changed when he “didn’t know” what he liked to do to have fun anymore and turned to drugs.

Casey’s middle-class upbringing did not matter in the least when it came to the disease of addiction. Casey never intended to become addicted to drugs when he used the first time. What he did not realize was that his using would progress from abusing to dependence and then to the disease of addiction.

Casey’s early drug use caused his development to be arrested at the age of 14 or 15. Regardless of that fact, and the fact that he suffered from an ultimately fatal disease, he was expected to respond as a normal, healthy young adult and choose treatment for himself. Parental intervention was discouraged and denied.  Now it is too late for Casey but because of him, there is hope for others who suffer from addiction.

History of the Act The Matthew Casey Wethington Act for Substance Abuse Intervention became a law on April 9, 2004 .On July 13, 2004 , the law became effective in the state of Kentucky . This law was inspired by the death of Matthew Casey Wethington, who died of a heroin overdose at the age of 23.

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Copyright © 2003 [KADD inc.]. All rights reserved.

Steps in the Process

§         A petition is filed with the circuit clerk (clerk issuing drivers’/operators’ licenses) by a spouse, relative, friend, or guardian of the substance abuse impaired person.

§         The court reviews the allegations in the petition and examines the petitioner under oath.

§         The court determines whether there is probable cause to order treatment for the respondent (the person named in the petition).

§         If probable cause is established, the court orders the respondent to be evaluated, and a hearing is set within fourteen (14) days.

§         The respondent is notified of the date and purpose of the hearing.

§         The respondent is evaluated by two (2) qualified health professionals, at least one (1) of whom is a physician.

§         If the court finds the respondent should undergo treatment, the court shall order treatment from sixty (60) days or up to three hundred sixty (360) days, dependent upon the request in the petition and the result of the hearing.

Where Can I Find a Copy of the Law?

The law can be accessed in its entirety at www.lrc.state.ky.us. Click on the “Legislative Resources” link and choose KRS 222.430 to 222.437.

How Can I Obtain a Copy of the Petition?

A copy of the petition can be obtained at the circuit clerk’s office by requesting Form # 700A, the Verified Petition for Involuntary Treatment of Alcohol/Drug Abuse.  At some point, the petition should be available