59-2949. Voluntary admission to treatment facility; application; written information to be given voluntary patient. (a) A mentally ill person may be admitted to a treatment facility as a voluntary patient when there are available accommodations and the head of the treatment facility determines such person is in need of treatment therein, and that the person has the capacity to consent to treatment, except that no such person shall be admitted to a state psychiatric hospital without a written statement from a qualified mental health professional authorizing such admission.
(b) Admission shall be made upon written application:
(1) If such person is 18 years of age or older the person may make such application for themself; or
(2) (A) If such person is less than 18 years of age, a parent may make such application for their child; or
(B) if such person is less than 18 years of age, but 14 years of age or older the person may make such written application on their own behalf without the consent or written application of their parent, legal guardian or any other person. Whenever a person who is 14 years of age or older makes written application on their own behalf and is admitted as a voluntary patient, the head of the treatment facility shall promptly notify the child's parent, legal guardian or other person known to the head of the treatment facility to be interested in the care and welfare of the minor of the admittance of that child; or
(3) if such person has a legal guardian, the legal guardian may make such application provided that if the legal guardian is required to obtain authority to do so pursuant to K.S.A. 59-3077, and amendments thereto. If the legal guardian is seeking admission of their ward upon an order giving the guardian continuing authority to admit the ward to a treatment facility, as defined in K.S.A. 59-3077, and amendments thereto, the head of the treatment facility may require a statement from the patient's attending physician or from the local health officer of the area in which the patient resides confirming that the patient is in need of psychiatric treatment in a treatment facility before accepting the ward for admission, and shall divert any such person to a less restrictive treatment alternative, as may be appropriate.
(c) No person shall be admitted as a voluntary patient under the provisions of this act to any treatment facility unless the head of the treatment facility has informed such person or such person's parent, legal guardian, or other person known to the head of the treatment facility to be interested in the care and welfare of a minor, in writing, of the following:
(1) The rules and procedures of the treatment facility relating to the discharge of voluntary patients;
(2) the legal rights of a voluntary patient receiving treatment from a treatment facility as provided for in K.S.A. 59-2978 and amendments thereto; and
(3) in general terms, the types of treatment which are available or would not be available to a voluntary patient from that treatment facility.
(d) Nothing in this act shall be construed as to prohibit a proposed or involuntary patient with capacity to do so from making an application for admission as a voluntary patient to a treatment facility. Any proposed or involuntary patient desiring to do so shall be afforded an opportunity to consult with their attorney prior to making any such application. If the head of the treatment facility accepts the application and admits the patient as a voluntary patient, then the head of the treatment facility shall notify, in writing, the patient's attorney, the patient's legal guardian, if the patient has a legal guardian, and the district court which has jurisdiction over the patient of the patient's voluntary status. When a notice of voluntary admission is received, the court shall file the same which shall terminate the proceedings.
History: L. 1996, ch. 167, § 5; L. 2002, ch. 114, § 64; July 1.
Structure Kansas Statutes
Article 29 - Care And Treatment For Mentally Ill Persons
59-2945 Name and citation of act.
59-2948 Civil rights of persons subject to the provisions of this act.
59-2950 Discharge of a voluntary patient.
59-2951 Right to discharge of voluntary patient; procedure.
59-2952 Petition for involuntary commitment of a voluntary patient.
59-2953 Investigation; emergency detention; authority and duty of law enforcement officers.
59-2954 Emergency observation and treatment; authority of treatment facility's procedure.
59-2955 Notice of right to communicate upon admission; notice of admission; notice of rights.
59-2956 Emergency observation; discharge.
59-2958 Ex parte emergency custody order.
59-2959 Temporary custody order; request for; procedure.
59-2960 Preliminary orders; continuances and advancement of trial.
59-2961 Order for a mental evaluation; procedure.
59-2962 Mental evaluation; hearing in noncustodial circumstances.
59-2964 Continuance of hearings; order of referral for short-term treatment.
59-2965 Trial upon the petition; procedure.
59-2966 Order for treatment; dismissal.
59-2968 Admissions to a state psychiatric hospital; moratorium; procedure.
59-2969 Hearing to review status of patient; procedure.
59-2972 Transfer by secretary for aging and disability services.
59-2974 Notice of discharge; restoration of certain rights.
59-2975 Unauthorized absence; procedure.
59-2976 Administration of medications and other treatments.
59-2977 Restraints; seclusion.
59-2979 Disclosure of records.
59-2980 Civil and criminal liability.
59-2981 Costs; payment by residence county, when.
59-2982 Notice of death of patients in treatment facilities.
59-2983 Applicability to persons in custody on criminal charges.