59-29b62. Evaluation; hearing in noncustodial circumstances. Whenever a proposed patient who is not subject to a temporary custody order issued pursuant to K.S.A. 59-29b59 and amendments thereto requests a hearing pursuant to this section, a hearing shall be held within a reasonable time thereafter. The petitioner and the proposed patient shall be notified of the time and place of the hearing, afforded an opportunity to testify, and to present and cross-examine witnesses. The proposed patient shall be present at the hearing and the proposed patient's presence cannot be waived. All persons not necessary for the conduct of the proceedings may be excluded. The hearing shall be conducted in as informal a manner as may be consistent with orderly procedure and in a physical setting not likely to have a harmful effect on the welfare of the proposed patient. The court shall receive all relevant and material evidence which may be offered. If the petitioner is not represented by counsel, the county or district attorney shall represent the petitioner, prepare all necessary papers, appear at the hearing and present such evidence as the county or district attorney determines to be of aid to the court in determining whether or not there is probable cause to believe that the proposed patient is a person with an alcohol or substance abuse problem subject to involuntary commitment for care and treatment under this act. If the court determines from the evidence that there is probable cause to believe that the proposed patient is a person with an alcohol or substance abuse problem subject to involuntary commitment, the court shall issue the order for an evaluation; otherwise, the court shall terminate the proceedings.
History: L. 1998, ch. 134, § 18; 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.