5 www.loubar.org July / August 2026 Balanced. Objective. Reasoned. The mediation standard trusted by family law firms when resolution matters. Bowles and Byer Family Law Mediation provides disciplined, impartial mediation in complex family law matters. Law firms consistently rely on our ability to remain balanced under pressure, understand complex financial and business matters, to hear all sides fully, and to guide parties toward durable, reasoned resolution—without advocacy or escalation. Our approach supports counsel, protects process integrity, and helps families move forward with clarity and dignity. Bowles & Byer Family Law Mediation Judge Jerry Bowles (Ret.) Judge Joan Byer (Ret.) [email protected] 502-558-6142 [email protected] 502-216-9030 homelessness and medical deterioration. It allows the courts to order appropriate treat- ment and conditions sooner. In other states where “psychiatric deterioration” has been included in the dangerousness criteria, this has led to better patient outcomes, includ- ing greater long-term stability and fewer rehospitalizations. The overarching goal of reducing relapse is grounded in the clinical need to protect the patient’s baseline brain and mental health. It is well established that cycles of relapse and remission can compromise brain integrity and make subsequent episodes more severe or harder to treat. The ability to stabilize and preserve baseline neurological and psycho- logical health as early as possible should be emphasized in mental health policy, and the amendments to KRS202A finally provide mental health practitioners and the courts with this important option. The revised statute also defines “benefit from treatment,” which was previously undefined. As defined in the statute, “benefit from treatment” means the desired outcomes of treatment in a psychiatric hospital for an individual with a mental illness, including but not limited to: • Symptom management and increased stability; • A lessening of irrational thoughts and behaviors; • Reduced risk of harm; or • Acquisition of skills for self-care and for interacting and living in the community. This definition enables patients to access medical assistance before they reach a severe psychiatric crisis or self-neglect. It eliminates the need for families to wait until a loved one becomes actively violent or suicidal to seek help. Early psychiatric stabilization can prevent secondary physical harm, such as malnutrition or exposure. Furthermore, early intervention helps patients preserve vital social supports, including housing, employment and family relationships. Procedural Safeguards and Judicial Flexibility In addition to definitional changes, the 2026 reforms introduce procedural mechanisms that enable courts to impose conditions, safeguards and structured interventions at various stages of the proceedings. Historically, commitment systems often required courts to adopt an “all-or-nothing” approach, either ordering hospitalization or releasing the individual with minimal or no intermediate protections. The revised statute provides courts with more nuanced tools, including: • Structured outpatient treatment or court-ordered assisted outpatient treat- ment (AOT) • Medication compliance monitoring • Coordination with community mental health providers • Supervised discharge planning; and • Increased judicial oversight These reforms benefit patients by promoting earlier, less restrictive interventions while preserving constitutional protections and treatment autonomy whenever feasible. The increased procedural flexibility also enhances continuity of care by reducing fragmentation across emergency detention, hospitalization, judicial hearings and com- munity follow-up. From a public safety perspective, the reforms acknowledge that untreated psychiatric deterioration often precedes emergency encounters, victimization, criminal justice involvement and behavioral crises. Earlier intervention and structured oversight may reduce the need for law enforcement re- sponses or incarceration. The 2026 reforms reflect a contemporary un- derstanding that effective behavioral health interventions are most successful when they are timely, individualized, coordinated and proportional to the patient’s current clinical needs. As shown in other states that have adopted similar legislation, the expected outcomes should include reduced relapse and rehospitalization, fewer arrests and incarcerations, improved clinical outcomes for patients, increased public safety and significant cost savings. The modernization of KRS 202A is a common- sense reform that protects our most vulnerable citizens, supports the families who care for them and safeguards the public safety of our communities. Judge Stephanie Pearce Burke presides over Di- vision 14 of Jefferson District Court. n (Continued from previous page) 2026 Annual Bankruptcy Law Bankruptcy Law Conference Conference Bankruptcy Law Conference Friday, October 2 | 9:00 AM LBA Bar Center For more information visit www.loubar.org.
