20 Years of Healing and Rehabilitation: The Transformative Impact of Casey’s Law in Kentucky

This article was written for the August 2024 edition of the Lex Loci of the Northern Kentucky Bar Association

In the ongoing struggle against the opioid epidemic and rise in cases of substance abuse disorder, Kentucky has emerged as a pioneer in proactive legislative measures aimed at assisting families dealing with substance abuse. By providing a legal avenue for families and friends to step in and advocate for their loved ones, Casey’s Law is a beacon of hope providing families the means to intervene and guide their loved ones towards recovery and breaking the destructive cycle of addiction.

Casey’s Law, officially known as the Matthew Casey Wethington Act for Substance Abuse Intervention[i], empowers families to seek court-ordered treatment for individuals struggling with addiction. Originally enacted in 2004, this legislation is named after Matthew “Casey” Wethington, a young Kentuckian whose life was tragically cut short by substance abuse and addiction.

The story of tragic loss of a family member to substance abuse and addiction is one that is all too familiar to many families throughout the Commonwealth. Casey’s Law is a necessary tool for the families and friends who have a loved one suffering with addiction and substance abuse. Casey’s Law empowers concerned family members, friends, or legal guardians to petition the court for involuntary treatment of a person struggling with addiction.

In my own practice, I witnessed first-hand the transformative impact that Casey’s Law can have for a family and their journey to getting help for a loved one suffering from severe alcohol addiction. A father and son first came to my office in December of 2022 with concerns of the other’s son severe alcoholism. The son, who was a husband, father, and business owner, was by all accounts a “functioning” alcoholic who had tried, and failed, to get sober more times than my clients could remember. He went in and out of different detox facilities, sometimes for up to ten days, while his body went through withdrawal, but never saw himself as having a problem or needing help. He was even hospitalized on one occasion with a Blood Alcohol Content (BAC) of .30; needless to say, he needed help.

One of the primary strengths of Casey’s Law is its compassionate approach to treatment. Instead of relying solely on the punitive measures imposed on the criminal justice system or waiting for the troubled individual to harm themselves or someone else, Casey’s Law focuses on rehabilitation, recognizing addiction as a public health issue rather than a criminal offense. By fostering a supportive environment, the law helps break down barriers to treatment, offering individuals a chance at recovery and a healthier future.

Procedurally speaking, once the Petition for Involuntary Treatment, AOC-700A, has been filed, it is brought to a District Court judge where the presiding judge will then examine the Petitioner under oath about the allegations contained in the Petition. If the Court finds that there is probable cause that the Respondent should undergo treatment, the Court will set the matter for a hearing and order that the Respondent submit to two (2) independent evaluations by qualified healthcare professionals.

The healthcare professionals will then submit their evaluation in the form of AOC-703A, which first certifies that the provider meets the qualifications of KRS Chapter 222 to perform such an evaluation and then gives the provider space to provide their professional opinion as to whether the Respondent does or does not suffer from a substance abuse disorder.

At this point, the intervention of the Court system can prove to be a crucial turning point; in many cases, such as the one previously mentioned in this article, the fact alone that a Court system has found probable cause and required the Respondent to complete the evaluations can be enough to convince the Respondent that they need to enter treatment for their substance abuse. If that happens, the Petitioner can voluntarily dismiss the case at any time and the Respondent can enter treatment voluntarily. Of course, there is then no Order that the Respondent has to stay in treatment for a certain period of time, but again, the goal of Casey’s Law is not punitive, but rather to provide a lifeline to those in the throes of substance abuse when they may be unable to make rational decisions about their own well-being.

Should the Respondent choose to contest the evaluations, if they support a finding of substance abuse disorder, and continue on to a hearing, the Court will then conduct a hearing allowing for both sides to introduce testimony and evidence. The Respondent is also entitled to cross examine the healthcare professionals who conducted the evaluations should they chose to. After said hearing, if the Court finds beyond a reasonable doubt that Respondent should undergo involuntary treatment for substance abuse disorder, the Court will enter an Order requiring Respondent to enter treatment for a period of time not to exceed sixty (60) days or a period of time not to exceed three hundred sixty days (360). The length of this treatment is determined based on the original prayer for relief in the Petition for Involuntary Treatment, so it is important for the Petitioner to select whichever length of treatment they believe to be most appropriate.

From there, the Respondent must enter substance abuse treatment at a facility chosen by the Petitioner. As is the case with most Casey’s Law cases, family members and close friends are the driving force behind getting a loved one suffering from addiction and substance abuse the help they need. This includes the Petitioner signing a Guarantee of Payment for all costs incurred during the course of the evaluations and subsequent treatment, a price that is undoubtedly worth paying to potentially save the life of a loved one.

In the now twenty (20) years since its passing, Casey’s Law has been instrumental in countless success stories of recovery and healing across the Commonwealth. In my experience, guiding clients through the process of filing a Casey’s Law Petition is both incredibly emotional but also rewarding when the individual suffering from substance abuse disorder is finally getting the help they desperately need. Casey’s Law stands as a testament to Kentucky’s commitment to breaking the cycle of addiction through compassion and rehabilitation.

Jonathan (Johnny) Thiel is from Crestview Hills, Kentucky, and is an associate attorney at Strauss Troy Co., LPA. Johnny is currently licensed to practice in Kentucky and is seeking admittance to the Ohio Bar. Johnny is a member of the Strauss Troy Domestic Relations Team. Learn more about Johnny here.