Using Casey’s Law: A Step-by-Step Guide for Families
Key Takeaways

- Kentucky allows parents, spouses, adult children, siblings, grandparents, or close friends to file a Casey’s Law petition without needing guardianship, though the petitioner pays for the two required evaluations 1, 15.
- Before filing, document specific incidents, dates, and prior voluntary attempts, since the court needs concrete evidence that your loved one has a substance use disorder, poses danger, and can benefit from treatment 15.
- File the AOC-700A in the circuit court where your loved one lives; if the judge finds probable cause on paper, counsel is appointed and the case moves forward 13.
- Two professional evaluations and a hearing must happen within 14 days of probable cause, so use that window to identify a facility that accepts court-ordered patients 2, 15.
- Courts can order treatment from 60 to 360 days, and shorter orders are rarely enough for opioid use disorder to allow medication, stabilization, and outpatient supports to take hold 13.
- A court order opens the door to treatment but cannot create internal motivation; 42% of intake patients in one study declined every recommended level of care 17.
- Effective plans pair FDA-approved medications like buprenorphine, methadone, or naltrexone with counseling, behavioral therapy, and dual-diagnosis capacity for co-occurring mental health conditions 3, 5.
- Family involvement during and after treatment is clinically meaningful, linked to a 5.7% reduction in substance use frequency, and discharge planning should include naloxone and a gap-free prescriber handoff 4, 7, 8.
When a Loved One Refuses Help, Kentucky Gives You a Lawful Path
You probably didn’t expect to be reading this. Most people don’t go looking for a legal process until they’ve already tried everything else — the late-night phone calls, the boundary that didn’t hold, the conversation that ended in a slammed door. If you’re here, you’ve likely watched someone you love say no to treatment more times than you can count. That exhaustion is real, and it isn’t a sign that you’ve failed them.
Kentucky offers a specific legal route for situations like yours. Casey’s Law, formally the Matthew Casey Wethington Act for Substance Abuse Intervention, lets parents, relatives, and friends petition a court for involuntary treatment when a loved one with substance use disorder can’t or won’t seek care on their own 1, 15. It exists because the gap between knowing someone needs help and being able to get them into help can be impossibly wide.
The scale of that gap in Kentucky is hard to overstate. In 2019, nearly 160,000 Kentuckians aged 18 to 64 — close to 6% of that population — had opioid use disorder, with county-level prevalence ranging from 1% to 18% 16. You are not alone in this, even when it feels that way at 2 a.m.
What follows is a step-by-step walk through the petition, the hearing, and what happens after the court order. Filing is the beginning of recovery work, not the end of it. You’re still showing up. That matters.
Who Can File and What You Need Before You Start
Who Qualifies as a Petitioner
Kentucky law is deliberately broad about who can step forward. If you are a parent, spouse, adult child, sibling, grandparent, or close friend of the person you are worried about, you can file a Casey’s Law petition on their behalf 1, 15. You do not need to be their legal guardian. You do not need power of attorney. You do not need to be the person they listen to most. You just need to be someone who has seen what’s happening and is willing to put their name on a sworn document.
The petitioner is called the “applicant” in court paperwork, and you become responsible for two things the moment you file: the truthfulness of what you swear to, and the cost of the two professional evaluations the court will order 15. That second piece catches families off guard, so know it now rather than later.
One practical note. Only one person files, but the court will weigh the situation more seriously when the petition reflects a pattern that multiple family members have witnessed. If your sister, your father, and your loved one’s best friend have all seen the same things, the petition is stronger when their observations are written into it — even if only your name appears at the top.
What You Need to Document Before Filing
Before you walk into the county circuit court clerk’s office, sit down with a notebook or a phone note and write everything down. The petition asks you to describe, in specific terms, why you believe your loved one has a substance use disorder, why they present a danger to themselves or others, and why they can reasonably benefit from treatment 15. Vague worry is not enough. Dates, behaviors, and observable consequences are what the court reviews.
Start with what you’ve seen with your own eyes:
- Overdoses, even ones reversed at home.
- Lost jobs.
- Driving while impaired.
- Weight loss.
- Money or property missing.
- Hospital visits.
- Threats made, whether to themselves or to you.
Note the date as best you can remember, even an approximate month, and what happened. If there are police reports, ER discharge papers, or text messages that corroborate what you saw, gather those too.
Then list what you have already tried. Voluntary conversations. Offers to pay for rehab. Boundaries you set and what happened when you set them. This isn’t a confession of failure. It’s evidence that less restrictive options have not worked, which is part of what the judge needs to see 15.
While you’re preparing, call SAMHSA’s National Helpline at 1-800-662-HELP. It’s free, confidential, and runs 24/7 — and the referral specialists can help you start identifying treatment placements your loved one could be ordered into 2. You’ll want a facility in mind before the hearing, not after.
The Petition Process, Step by Step
Filing the AOC-700A and the Probable-Cause Review
The form you need is called the AOC-700A. It’s a verified petition, which means you’ll sign it under oath, and you file it with the circuit court clerk in the county where your loved one lives 13. Some clerks have the form on hand. Others will point you to the court’s website. Either way, you can ask the clerk’s office for help with where to file and what to bring — they handle these regularly, and your questions are not unusual.
On the petition, you’ll spell out three things the judge has to see:
- That your loved one has a substance use disorder.
- That they present a danger to themselves or others.
- That they can reasonably benefit from treatment 15.
This is where the notes you’ve been keeping become evidence. Specific incidents with specific dates carry more weight than general worry.
Once you file, the judge reviews the petition for probable cause. This first review is on paper — your loved one does not have to be there, and you typically don’t either 13. The judge is asking one question: do the sworn statements, if true, meet the statutory criteria? If the answer is yes, the case moves forward. If the petition is too thin, the court can dismiss it or ask you to add more detail.
If probable cause is found, the court appoints an attorney to represent your loved one and schedules the next steps 13. Take a breath here. You’ve cleared the first gate.
Two Evaluations, Counsel, and the 14-Day Hearing Window
After probable cause is established, two things happen in parallel. Your loved one is evaluated by two qualified professionals — typically a physician and a qualified mental health professional — and the court sets a hearing date that must fall within 14 days of the probable-cause determination 13, 15. Two weeks. That’s the window.
The evaluations are the clinical backbone of the case. One of the two evaluators must examine your loved one in person, and both submit findings to the court on whether the statutory criteria are met and whether treatment would help 15. As the petitioner, you are responsible for the cost of these evaluations 15. Ask the clerk what local evaluators charge before you file, because this is the line item families most often miss.
Your loved one has the right to an attorney throughout. If they can’t afford one or refuse to retain one, the court appoints counsel for them 13. That attorney’s job is to advocate for their client’s position, which may include opposing the petition. This can feel personal. It isn’t. Due process is what keeps the law from being misused, and the same protections that frustrate you here are the ones that protect every Kentuckian from a baseless petition by someone else.
You can also retain your own attorney, though it isn’t required. Many families file pro se — on their own — and the clerk’s office can answer procedural questions, though they cannot give legal advice.
Use the 14-day window. Call SAMHSA’s National Helpline at 1-800-662-HELP to identify specific facilities that accept court-ordered patients and have a bed available 2. The judge will want to know where treatment would happen. Walking into the hearing with a named program is stronger than walking in with a wish.
What the Court Can Order: 60 to 360 Days
At the hearing, the judge reviews the petition, the two evaluations, and any testimony — yours, your loved one’s, and the evaluators’ if they’re called. If the court finds the criteria met and that your loved one can benefit from treatment, it issues an order 13, 15.
The length of that order depends on what you requested in the petition and what the evaluations recommend. Casey’s Law allows the court to order treatment for as little as 60 days or as long as 360 days 13. The shorter end is usually paired with detoxification and stabilization. Longer orders allow for the layered work most people with substance use disorder actually need — medical stabilization, then residential or intensive outpatient care, then step-down recovery supports.
If the judge denies the petition, the case ends. You can refile later if circumstances change. That isn’t failure either. It’s the system working as designed, and you’ll know more next time about what the court needs to see.

Why Coercion Alone Won’t Carry Recovery
Here’s the hard truth you need to hear before discharge day arrives: a court order can put your loved one through the door of a treatment facility, but it cannot make them engage with what happens inside. The signature on the judge’s order is real authority, and it matters. It is not the same thing as the internal turn most people need to make for recovery to hold.
The size of the engagement gap is documented. In a study of 1,399 completed intakes at clinics offering medication and recovery support, 42% of patients declined every American Society of Addiction Medicine level of care recommended to them — residential, intensive outpatient, and partial hospitalization included — even after they had walked through the intake door 17. These were people who showed up. Nearly half still said no to the broader clinical scaffolding their providers believed they needed.
That number is not a reason to abandon Casey’s Law. It is a reason to think of the law as one lever, not the whole machine. The court order gets your loved one into a setting where medication can start, where withdrawal is medically supervised, and where the clinical team has time and proximity to build a relationship that voluntary referral often cannot. What the order cannot do is supply motivation, repair trust, or substitute for the family work that runs alongside treatment.
Hold both things at once. You did the right thing by filing. And the people inside the building — the prescribers, the counselors, the peer-support staff — still have to earn your loved one’s participation day by day. Your job after the hearing is to make that participation easier, not to assume the order alone has solved the problem.

What the Treatment Plan Should Actually Contain
Medications for Opioid Use Disorder
If your loved one’s substance use involves opioids, the single most important question to ask any program before the hearing is whether they prescribe medications for opioid use disorder. Not whether they “offer” it. Not whether they “can refer out.” Whether their own clinicians prescribe it on site, from day one.
The FDA has approved three medications for opioid use disorder: buprenorphine, methadone, and naltrexone 5. Each works differently, each has a place, and which one fits depends on your loved one’s history, what they’ve used, and what the prescriber recommends after evaluating them. This is a clinical decision, not a family preference, but knowing the three names by heart will help you ask the right questions.
Medication is not optional reading in this conversation. The CDC has linked medication treatment for opioid use disorder to reduced risk of overdose and reduced overall mortality 4. The same guidance warns that detoxification alone is not adequate for opioid use disorder — in fact, detox without follow-on medication can raise overdose risk after discharge, because tolerance drops while the underlying disorder remains 4.
Counseling, Behavioral Therapy, and Dual-Diagnosis Capacity
Medication is the floor, not the ceiling. SAMHSA describes effective care as a “whole-patient” approach — medications combined with counseling and behavioral therapies, working together rather than as substitutes for each other 3. When you call a facility, ask what individual counseling looks like in a typical week. Ask which therapy models the program uses. Cognitive behavioral therapy, motivational enhancement, and group counseling are common, and any program worth its license should be able to describe them in plain terms.
Then ask the harder question: can they treat co-occurring mental health conditions in the same building, with the same team? Depression, PTSD, anxiety, bipolar disorder — these travel with substance use disorder more often than not, and a program that treats only the addiction while sending the psychiatric piece down the road is fragmenting care your loved one cannot afford to have fragmented.
This is called dual-diagnosis or integrated treatment, and it’s worth asking about explicitly:
- Is there a prescribing psychiatrist on staff?
- Are mental health diagnoses assessed at intake, or only if the patient brings them up?
- Are the therapy sessions informed by both the substance use and the mental health picture, or is the patient toggling between two separate clinical lanes?
You’re allowed to ask. You’re paying for the evaluations, and your loved one will be living inside the answer.
Your Role Doesn’t End at the Courthouse Door
You may feel a strange relief the day the order is signed. After months of trying everything, something finally moved. Let yourself feel that. Then keep showing up, because the research on what helps people stay in treatment points back at you.
A meta-analysis cited in a peer-reviewed review of family involvement in substance use disorder treatment found a 5.7% reduction in substance use frequency when treatment involved family members compared to approaches that did not 8. That number can sound small until you sit with what it represents: a measurable shift in how often a person uses, attributable to the people in the room with them. Family-based models prevailed in nearly every comparison across adolescent treatment studies in that same review 8. Your presence is not sentimental. It is clinical.
What that looks like in practice is less dramatic than you might expect. Ask the facility when their family therapy sessions happen and whether you can join by phone or video if the program is far from home 9. Show up to those sessions even when you are tired. Bring the patience to listen rather than to litigate old grievances. The point of family work during treatment is not to assign blame for what got you here. It is to rebuild communication patterns that can hold up after discharge 14.
Take care of yourself in parallel. SAMHSA points families toward support groups and family counseling for a reason — your own steadiness is part of the recovery environment your loved one returns to 14. Al-Anon, Nar-Anon, and family-specific therapy are not detours from helping. They are how you keep helping without burning out.
One more thing. If your loved one resists family sessions at first, do not take it as the final answer. Resistance early in treatment is common, and engagement often grows as trust returns.
Holding the Tension: Autonomy, Dignity, and a Court Order
You may have already been asked, by someone who loves you less than you love your person, whether forcing treatment is really the right thing to do. The question deserves an honest answer, not a defensive one.
Casey’s Law uses the state’s authority to override an adult’s refusal of medical care. That is a serious thing, and Kentucky’s statute treats it that way — which is why the process requires sworn statements, two independent evaluations, court-appointed counsel for your loved one, and a hearing within 14 days 13, 15. Those steps exist to protect the person on the other side of the petition from being committed on thin evidence or family conflict alone. When the safeguards frustrate you, remember that they are also what makes the order legitimate when you receive it.
Hold the discomfort honestly. Your loved one may be furious. They may say things at the hearing, or after, that are hard to hear. Their anger is not proof that you were wrong to file. It is also not nothing. Dignity inside the process means letting them have an attorney, letting them speak, and recognizing that recovery built on resentment alone tends not to hold. The order opens a door. What you do on the other side of it — listening, apologizing where you owe one, refusing to gloat — is part of why the door stays open.
Discharge Day and the Weeks That Follow
The order ends. Your loved one walks out of the facility holding a discharge plan, a prescription or two, and a head full of new vocabulary. The first 30 days after discharge are when the work you’ve already done either holds or comes apart, and the difference often comes down to what you’ve lined up in advance.
Ask the program for the discharge plan in writing a week before release, not the morning of. You want to see:
- The name of the outpatient prescriber who will continue any medication for opioid use disorder.
- The date and time of the first appointment.
- How prescriptions will be refilled without a gap 4.
A break in buprenorphine, methadone, or naltrexone in the first few days home is one of the most dangerous moments in the recovery timeline, because tolerance has dropped while the underlying disorder has not 4.
Bring naloxone home with you. The CDC recommends expanding naloxone access, alongside continued treatment for opioid use disorder and evidence-based prevention strategies, for exactly this stretch 7. Keep it where you can find it in the dark. Tell other household members where it is and how to use it. Fentanyl test strips, also part of current CDC prevention guidance, are worth having on hand if your loved one is in a setting where relapse is a real possibility 7.
Keep the family sessions going. Recovery is possible, and the CDC is direct that family, friends, and others can make a meaningful difference in the process 6. That difference is rarely a single grand gesture. It looks like a ride to the outpatient appointment. A quiet kitchen at 9 p.m. A text that says “thinking of you” with no follow-up question attached.
You did something hard. Now you keep doing the next small thing.
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Frequently Asked Questions
Who can file a Casey’s Law petition in Kentucky?
A parent, spouse, adult child, sibling, grandparent, or close friend of the person with substance use disorder can file 1, 15. You do not need to be a legal guardian or hold power of attorney. You sign the petition under oath as the applicant, and you become responsible for the cost of the two professional evaluations the court will order 15.
How long does the Casey’s Law process take from filing to court order?
After you file the AOC-700A petition, the judge conducts a probable-cause review on paper. If probable cause is found, the court appoints counsel for your loved one, orders two professional evaluations, and schedules a hearing that must be held within 14 days of the probable-cause determination 13, 15. From filing to hearing is typically a few weeks, depending on how quickly the evaluations can be completed.
How long can court-ordered treatment last under Casey’s Law?
If the judge finds the statutory criteria met and that your loved one can benefit from treatment, the court can order treatment for 60 days up to 360 days 13. The length depends on what you requested in the petition and what the two evaluators recommend. For opioid use disorder in particular, a 60-day order is rarely enough to start medication, stabilize, and build outpatient supports.
Does involuntary treatment actually work?
A court order opens a door, but engagement still has to be earned inside the building. In one study of 1,399 completed intakes, 42% of patients declined all recommended ASAM levels of care even after walking in 17. Casey’s Law works best when paired with evidence-based medication, counseling, and active family involvement 3, 8. Recovery is not guaranteed by the order alone, but the order makes engagement possible when nothing else has.
What should the treatment plan include after the court order?
For opioid use disorder, ask whether the program prescribes one of the three FDA-approved medications on site: buprenorphine, methadone, or naltrexone 5. The CDC links medication treatment to reduced overdose and mortality risk and warns that detox alone is not adequate 4. SAMHSA describes effective care as a whole-patient approach combining medication with counseling and behavioral therapy 3. Confirm dual-diagnosis capacity if mental health conditions are part of the picture.
What happens after my loved one is discharged from court-ordered treatment?
Ask for the discharge plan in writing a week early. You want the outpatient prescriber named, the first appointment scheduled, and no gap in any medication for opioid use disorder 4. Bring naloxone home and keep it accessible; the CDC recommends it alongside continued treatment and prevention strategies 7. Keep showing up to family sessions 14. Family involvement is linked to measurable improvements in substance use outcomes 8.
References
- Casey’s Law | Boyd County, Kentucky. https://boydcountyky.gov/310/Caseys-Law
- National Helpline for Mental Health, Drug, Alcohol Issues. https://www.samhsa.gov/find-help/helplines/national-helpline
- Treatment Options for Substance Use Disorder – SAMHSA. https://www.samhsa.gov/substance-use/treatment/options
- Opioid Use Disorder: Treating | Overdose Prevention – CDC. https://www.cdc.gov/overdose-prevention/hcp/clinical-care/opioid-use-disorder-treating.html
- Information about Medications for Opioid Use Disorder (MOUD) – FDA. https://www.fda.gov/drugs/information-drug-class/information-about-medications-opioid-use-disorder-moud
- Treatment of Opioid Use Disorder | Overdose Prevention – CDC. https://www.cdc.gov/overdose-prevention/treatment/opioid-use-disorder.html
- Preventing Opioid Overdose – CDC. https://www.cdc.gov/overdose-prevention/prevention/index.html
- Family Involvement in Treatment and Recovery for Substance Use Disorders among Transition-Age Youth: Research Bedrocks and Opportunities. https://pmc.ncbi.nlm.nih.gov/articles/PMC8380649/
- Substance Use Disorder Treatment and Family Therapy – NCBI – NIH. https://www.ncbi.nlm.nih.gov/books/NBK571080/
- The Impact of Substance Use Disorders on Families and Children. https://pmc.ncbi.nlm.nih.gov/articles/PMC3725219/
- Family and social aspects of substance use disorders and treatment. https://pmc.ncbi.nlm.nih.gov/articles/PMC4158844/
- Engaging Family and Others in Recovery | Research Corner – IRIS. https://www.iris.ssw.umaryland.edu/rc-family-recovery
- Casey’s Law – Office of Drug Control Policy. https://odcp.ky.gov/Resources/Pages/Caseys-Law.aspx
- Helping Families Cope with Mental Health and Substance Use. https://www.samhsa.gov/mental-health/children-and-families/coping-resources
- Kentucky Revised Statutes – Chapter 222 (selected sections 222.430–222.437). https://apps.legislature.ky.gov/law/statutes/chapter.aspx?id=38279
- The prevalence of opioid use disorder in Kentucky’s counties. https://pmc.ncbi.nlm.nih.gov/articles/PMC9772240/
- Variations in Acceptance of American Society of Addiction Medicine Levels of Care. https://pmc.ncbi.nlm.nih.gov/articles/PMC12577648/