SW v. SWM
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Summary

In this 2022 Kentucky state case, the court found Casey’s Law unconstitutional for using a low “probable cause” standard to force drug treatment. It ruled that a stricter standard is needed and vacated the treatment orders.

2022 | State Juristiction

SW v. SWM

Keywords Kentucky; Casey's Law; probate cause; drug treatment; unconstitutional; probable cause; court ruling; 2022; treatment orders; vacated; state case
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Kentucky's Casey's Law: Judicial Review of Involuntary Drug Treatment

The 2022 Kentucky state court decision invalidated Casey’s Law, citing its unconstitutionality. The court determined the law's application of a deficient "probable cause" standard for mandating drug treatment violated procedural due process rights. Consequently, the court vacated all treatment orders issued under the law, emphasizing the necessity of a more stringent evidentiary standard for compelling such interventions.

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Kentucky's Casey's Law: Unconstitutional Application of Probable Cause

The 2022 Kentucky state court case invalidated Casey’s Law due to its insufficiently high standard of "probable cause" for mandated drug treatment. The court determined that the law's application failed to meet the requisite legal threshold for such interventions, necessitating a stricter standard. Consequently, the court overturned the existing treatment orders.

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Kentucky's Casey's Law Ruled Unconstitutional

A 2022 Kentucky court case deemed Casey's Law unconstitutional. The law allowed judges to order drug treatment based on a low "probable cause" standard. The court decided this standard was insufficient and overturned the treatment orders. A higher legal threshold is now required to mandate such treatment.

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Summary

In Kentucky in 2022, a court decided that Casey's Law was unfair. The law let people force others into drug treatment without enough proof. The court said there needs to be much better evidence before someone can be forced into treatment. The court canceled the treatment orders that were made using Casey's Law.

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Footnotes and Citation

Cite

647 S.W.3d 866 (2022)

Highlights