Guidelines and recommendations for IDT initiation:
- Contact with the petitioner should occur within seventy-two (72) hours to explain the role of the evaluator as well as a timeline for completing the assessment.
- Contact the respondent to initiate the completion of the assessment no more than thirty (30) calendar days prior to the scheduled court hearing.
- In the absence of a scheduled hearing, this shall occur no more than thirty (30) calendar days after the receipt of the IDT request.
Completing the IDT court report:
At a minimum, the following items should be included in the court report:
- A description of the nature and extent of the respondent’s disabilities, if any;
- Current evaluations of the respondent's social and educational condition and social skills. Such evaluations may be based on prior evaluations not more than three (3) months old (i.e., the individual’s functioning within his/her environment, the individual’s ability to perform activities of daily living and instrumental activities of daily living);
- An opinion about whether guardianship or conservatorship is needed, the type of guardianship or conservatorship needed, if any, and the reasons therefore;
- An opinion related to the length of time that guardianship or conservatorship will be needed by the respondent, if at all, and the reasons therefore;
- If limited guardianship or conservatorship is recommended, a further recommendation about the scope of the guardianship or conservatorship, specifying particularly the rights to be limited and the corresponding powers and duties of the limited guardian or limited conservator;
- A description of the social and educational services currently being utilized by the respondent, if any;
- A determination of any alternatives to guardianship/conservatorship;
- A recommendation about the most appropriate plan and living arrangement for the respondent and the reasons therefore;
- An opinion on whether attending a hearing on a petition filed under KRS 387.530 would subject the respondent to a serious risk of harm;
- The individual’s relationship with family; and
- Any neglect, abuse, exploitation, or self-neglect history. In the absence of court directives to the contrary, the IDT evaluation may include Department for Community Based Services (DCBS) case data no more than three (3) months old.
Consider including the following supporting information in the court report:
- Current evaluations of the respondent's intellectual, physical, and adaptive behavior. Such evaluations may be based on prior evaluations not more than three (3) months old, except that evaluations of the respondent's intellectual condition may be based on individual intelligence test scores not more than one (1) year old;
- A description of the medical and rehabilitative services currently being utilized by the respondent, if any;
- A recommendation as to the most appropriate treatment or rehabilitation plan for the respondent and the reasons therefor; or
- A listing of all medications the respondent is receiving, the dosage, and a description of the impact of the medication upon the respondent's mental and physical condition and behavior;
Submission of IDT and Hearing:
- May attach a narrative of the IDT evaluation to the court form(s);
- Submit a single or joint report;
- Review all IDT members’ evaluations if the SSW testifies on behalf of the IDT team;
- Routinely has sixty (60) calendar days from the filing of the petition to complete the IDT evaluation report, except for emergency guardianship petitions;
- Submit the IDT evaluation report to the court ten (10) calendar days before the hearing, and provide copies to the attorneys and/or guardian ad litem ten (10) calendar days before the hearing;
- After ninety (90) calendar days from the completion of the court report and the hearing has not occurred, the court will be notified that a new court order will need to be submitted for re-evaluation. At this time, the current assessment should be submitted and closed;
- SSW may request up to two (2) extensions for court hearing delays; and
- If, during the hearing, a judge asks the worker's opinion on voting rights for the respondent, the worker should give their professional opinion based on the facts gathered during the assessment.