59-29b49. Voluntary admission to treatment facility; application; written information to be given voluntary patient. (a) A person with an alcohol or substance abuse problem 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.
(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, then only in accordance with the provisions thereof. 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 treatment for an alcohol or substance abuse problem 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. 59-29b78 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. 1998, ch. 134, § 5; L. 2002, ch. 114, § 69; July 1.
Structure Kansas Statutes
Article 29b - Care And Treatment For Persons With An Alcohol Or Substance Abuse Problem
59-29b45 Name and citation of act.
59-29b48 Civil rights of persons subject to the provisions of this act.
59-29b50 Discharge of a voluntary patient.
59-29b51 Right to discharge of voluntary patient; procedure.
59-29b52 Petition for involuntary commitment of a voluntary patient.
59-29b53 Investigation; emergency detention; authority and duty of law enforcement officers.
59-29b54 Emergency observation and treatment; authority of treatment facility's procedure.
59-29b55 Notice of right to communicate upon admission; notice of admission; notice of rights.
59-29b56 Emergency observation; discharge.
59-29b58 Ex parte emergency custody order.
59-29b59 Temporary custody order; request for; procedure.
59-29b60 Preliminary orders; continuances and advancement of trial.
59-29b61 Order for evaluation; procedure.
59-29b62 Evaluation; hearing in noncustodial circumstances.
59-29b64 Continuance of hearings; order of referral for short-term treatment.
59-29b65 Trial upon the petition; procedure.
59-29b66 Order for treatment; dismissal.
59-29b69 Hearing to review status of patient; procedure.
59-29b74 Notice of discharge; restoration of certain rights.
59-29b75 Unauthorized absence; procedure.
59-29b76 Administration of medications and other treatments.
59-29b77 Restraints; seclusion.
59-29b79 Disclosure of records.
59-29b80 Civil and criminal liability.
59-29b82 Notice of death of patients in treatment facilities.
59-29b83 Applicability to persons in custody on criminal charges.