Skip to Main Content

Office of Mental Health

Kendra's Law: Final Report on the Status of Assisted Outpatient Treatment
Eligibility Criteria for AOT

Kendra's Law contains the following summary description of the AOT target population:

"...mentally ill people who are capable of living in the community with the help of family, friends and mental health professionals, but who, without routine care and treatment, may relapse and become violent or suicidal, or require hospitalization."

The statute further defines specific eligibility criteria, which are listed below.

An individual may be placed in AOT only if, after a hearing, the court finds that all of the following have been met. The individual must:

  1. be eighteen years of age or older; and
  2. suffer from a mental illness; and
  3. be unlikely to survive safely in the community without supervision, based on a clinical determination; and
  4. have a history of non-adherence with treatment that has:
    1. been a significant factor in his or her being in a hospital, prison or jail at least twice within the last 36 months; or
    2. resulted in one or more acts, attempts or threats of serious violent behavior toward self or others within the last 48 months; and
  5. be unlikely to voluntarily participate in treatment; and
  6. be, in view of his or her treatment history and current behavior, in need of AOT in order to prevent a relapse or deterioration which would be likely to result in:
    1. a substantial risk of physical harm to the individual as manifested by threats of or attempts at suicide or serious bodily harm or conduct demonstrating that the individual is dangerous to himself or herself; or
    2. a substantial risk of physical harm to other persons as manifested by homicidal or other violent behavior by which others are placed in reasonable fear of serious physical harm; and
  7. be likely to benefit from AOT; and
  8. if the consumer has a health care proxy, any directions in it will be taken into account by the court in determining the written treatment plan. However, nothing precludes a person with a health care proxy from being eligible for AOT.

Back  | Next