Kentucky Court of Appeals Publishes Casey’s Law Case

Kentucky Court of Appeals Publishes Casey’s Law Case

B.D.P. v. Commonwealth

NO. 2022-CA-1123-DG

Henderson Circuit Court

Decided by Thompson, Chief Judge; Karem and McNeill Judges.

Opinion by Karem, Judge

Date Rendered: June 9, 2023

Issue: Whether Casey’s Law requires examination by a physician.

Upon petition by Parents, District Court conducted a hearing, and upon testimony from an advanced practice registered nurse and certified alcohol and drug counselor, ordered Adult Son to undergo involuntary treatment for a substance abuse disorder. Adult Son appealed to Circuit Court which affirmed. The Court of Appeals granted discretionary review.

After a lengthy, helpful explanation of the Matthew Casey Wethington Act for Substance Abuse Intervention (“Casey’s Law”), the Court of Appeals held  that the trial court’s  findings must be set aside as the plain language of Casey’s Law as set out in KRS 222.433(2) mandates examination by at least one physician. The credentials of the advanced practice registered nurse and certified alcohol and drug counselor did not comply with the statute.

Digested by Elizabeth M. Howell