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202B.250 Review hearing -- Procedures -- Disposition -- Requested hearing by resident or certain persons.

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202B.250 Review hearing -- Procedures -- Disposition -- Requested hearing by resident or certain persons. (1) No less than once in every five (5) years following the initial order for involuntary admission of a resident to an ICF/MR, or an order authorizing continued care and <br>treatment following review pursuant to this section, the court shall hold a hearing to <br>review the status of the resident and necessity for continued care and treatment in <br>the ICF/MR. Notice at least twenty (20) days in advance of the hearing shall be <br>provided by the court to the ICF/MR, county attorney, guardian or limited guardian <br>of the resident, if any, or, if none, an immediate family member as listed on the last <br>interdisciplinary report filed by the ICF/MR. The court shall appoint an attorney to <br>represent the resident at the review hearing. (2) The review hearing may be informal and held in open court, in chambers, or at the ICF/MR. The hearing shall be held without a jury and the resident shall be entitled <br>to present documentary evidence and witnesses and cross-examine witnesses <br>against the resident. (3) At the conclusion of the review hearing, the court shall make written findings of fact concerning whether the criteria for involuntary admission set forth in KRS <br>202B.040 continue to be satisfied based upon clear and convincing evidence. If the <br>court finds that the involuntary admission criteria continue to be satisfied, the court <br>shall enter an order authorizing the continued care and treatment of the resident at <br>the ICF/MR and shall establish the period within which the next review shall be <br>held. Otherwise, the court shall enter an order requiring the resident to be <br>discharged from the ICF/MR. (4) If at any point during the resident's placement at an ICF/MR it appears that the resident no longer meets the criteria for involuntary admission set forth in KRS <br>202B.040, the resident, the resident's parent, guardian or limited guardian, <br>immediate family member, or attorney may request a review pursuant to this <br>section. Effective: July 13, 1990 <br>History: Created 1990 Ky. Acts ch. 147, sec. 24, effective July 13, 1990.