59-29b71. Change of venue. (a) At any time after the petition provided for in K.S.A. 59-29b57, and amendments thereto, has been filed venue may be transferred in accordance with this section.
(1) Prior to trial required by K.S.A. 59-29b65, and amendments thereto, and before the expiration of two full working days following the probable cause hearing held pursuant to K.S.A. 59-29b59 or 59-29b62, and amendments thereto, the district court then with jurisdiction, on its own motion or upon the written request of any person, may transfer the venue of the case to the district court of the county where the patient is being detained, evaluated or treated in a treatment facility under the authority of an order issued pursuant to K.S.A. 59-29b58, 59-29b59 or 59-29b64, and amendments thereto. Thereafter the district court may on its own motion or upon the written request of any person transfer venue to another district court only for good cause shown. When an order changing venue is issued, the district court issuing the order shall immediately send to the district court to which venue is changed a facsimile or electronic copy of the entire file of the case. The district court shall also immediately send a facsimile or electronic copy of the order transferring venue to the treatment facility where the patient is being detained, evaluated or treated.
(2) After the trial required by K.S.A. 59-29b65, and amendments thereto, the district court may on its own motion or upon the written request of any person transfer venue to another district court for good cause shown. When an order changing venue is issued, the district court issuing the order shall immediately send to the district court to which venue is changed a facsimile or electronic copy of the entire file of the case. The transferring district court shall also immediately send a facsimile or electronic copy of the order transferring venue to the treatment facility where the patient is being detained, evaluated or treated. Upon request of the receiving district court or upon an order of the district court transferring venue, the transferring district court shall send to the receiving district court the entire original file of the case by mail.
(b) The district court issuing an order transferring venue, if not in the county of residence of the proposed patient, shall transmit to the district court in the county of residence of the proposed patient a statement of any court costs incurred by the county of the district court issuing the order and, if the county of residence is not the receiving county, a facsimile or electronic copy of the entire file of the case.
(c) Any district court to which venue is transferred shall proceed in the case as if the petition had been originally filed therein and shall cause notice of the change of venue to be given to the persons named in and in the same manner as provided for in K.S.A. 59-29b63, and amendments thereto. In the event that notice of a change of location of a hearing due to a change of venue cannot be served at least 48 hours prior to any hearing previously scheduled by the transferring court or because of scheduling conflicts the hearing can not be held by the receiving court on the previously scheduled date, then the receiving court shall continue the hearing for up to seven full working days to allow adequate time for notice to be given and the hearing held.
(d) Any district court to which venue is transferred, if not in the county of residence of the patient, shall transmit to the district court in the county of residence of the patient a statement of any court costs incurred and a facsimile or electronic copy of all pleadings and orders entered in the case after transfer.
History: L. 1998, ch. 134, § 26; L. 2009, ch. 116, § 21; L. 2010, ch. 5, § 8; March 11.
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.