Laws Lawyers Find Laws Legal Forms State Laws Bills

KANSAS STATUTES AND CODES

59-2959. Temporary custody order; request for; procedure.

Listen
59-2959Chapter 59.--PROBATE CODE Article 29.--CARE AND TREATMENT FOR MENTALLY ILL PERSONS59-2959. Temporary custody order; request for;procedure.(a) At the time that the petition fordetermination of mental illness is filed, or any time thereafterprior to the trial upon the petition as provided for inK.S.A. 59-2965 and amendments thereto, the petitioner may request inwriting that the district court issue a temporary custody order.The request shall state: (1) The reasons why the person should be detained prior tothe hearing on the petition; (2) whether an ex parte emergency custody order has beenrequested or was granted; and (3) the present whereabouts of the person named in thepetition. (b) Upon the filing of a request for a temporary custodyorder, the court shall set the matter for a hearing which shallbe held not later than the close of business of the second daythe district court is open for the transaction of business afterthe filing of the request. The petitioner and the person withrespect to whom the request has been filed shall be notified ofthe time and place of the hearing and that they shall each beafforded an opportunity to appear at the hearing, to testify andto present and cross-examine witnesses. If the person withrespect to whom the request has been filed has not yet retainedor been appointed an attorney, the court shall appoint anattorney for the person. (c) At the hearing scheduled upon the request, the personwith respect to whom the request has been filed shall be presentunless the attorney for the person requests that the person'spresence be waived and the court finds that the person's presenceat the hearing would be injurious to the person's welfare. Thecourt shall enter in the record of the proceedings the facts uponwhich the court has found that the presence of the person at thehearing would be injurious to such person's welfare. However, ifthe person with respect to whom the request has been filed statesin writing to the court or to such person's attorney that such personwishes to be present at the hearing, the person's presencecannot be waived. The hearing shall be conducted in as informal a manner asmay be consistent with orderly procedure and in a physicalsetting not likely to have a harmful effect on the person withrespect to whom the request has been filed. All persons notnecessary for the conduct of the proceedings may be excluded.The court shall receive all relevant and material evidence whichmay be offered. The rules governing evidentiary and proceduralmatters shall be applied to hearings under this section in amanner so as to facilitate informal, efficient presentation ofall relevant, probative evidence and resolution of issues withdue regard to the interests of all parties. The facts or dataupon which a duly qualified expert bases an opinion or inferencemay be those perceived by or made known to the expert at orbefore the hearing and if of a type reasonably relied upon byexperts in their particular field in forming opinions orinferences upon the subject, the facts or data need not beadmissible in evidence. The expert may testify in terms ofopinion or inference and give the expert's reasons thereforwithout prior disclosure of the underlying facts or data unlessthe court requires otherwise. If requested on cross-examination,the expert shall disclose the underlying facts or data. If the petitioner is not represented by counsel, the countyor district attorney shall represent the petitioner, prepare allnecessary papers, appear at the hearing and present such evidenceas the county or district attorney determines to be of aid to thecourt in determining whether or not there is probable cause tobelieve that the person with respect to whom the request has beenfiled is a mentally ill person subject to involuntary commitmentfor care and treatment under this act, and that it would be inthe best interests of the person to be detained until the trialupon the petition. (d) After the hearing, if the court determines from theevidence that: (1) There is probable cause to believe that the person withrespect to whom the request has been filed is a mentally illperson subject to involuntary commitment for care and treatmentunder this act, and that it is in the best interests of theperson to be detained until the trial upon the petition, thecourt shall issue a temporary custody order; (2) there is probable cause to believe that the person withrespect to whom the request has been filed is a mentally illperson subject to involuntary commitment for care and treatmentunder this act, but that it would not be in their best intereststo be detained until the trial upon the petition, the court mayallow the person to be at liberty, subject to such conditions asthe court may impose; (3) there is not probable cause to believe that the personwith respect to whom the request has been filed is a mentally illperson subject to involuntary commitment for care and treatmentunder this act, the court shall terminate the proceedings andrelease the person. (e) (1) A temporary custody order issued pursuant to thissection may direct any law enforcement officer or any otherperson designated by the court to take the person named in theorder into custody and transport them to a designated treatmentfacility, and authorize the designated treatment facility todetain and treat the person until the trial upon the petition. (2) No temporary custody order shall provide for thedetention and treatment of any person at a state psychiatrichospital unless a written statement from a qualified mentalhealth professional authorizing such admission and detention at astate psychiatric hospital has been filed with the court. (3) No temporary custody order shall provide for thedetention of any person in a nonmedical facility used for thedetention of persons charged with or convicted of a crime. (4) If no other suitable facility at which such person maybe detained is willing to accept the person, then theparticipating mental health center for that area shall provide asuitable place to detain the person until the further order ofthe court or until the trial upon the petition. History: L. 1996, ch. 167, § 15; Apr. 18.
Loading...
  • Play
  • Pause
  • Volume:
  • Mute
  • Half
  • Max
  • 59-2959

    Chapter 59.--PROBATE CODE
    Article 29.--CARE AND TREATMENT FOR MENTALLY ILL PERSONS

          59-2959.   Temporary custody order; request for;procedure.(a) At the time that the petition fordetermination of mental illness is filed, or any time thereafterprior to the trial upon the petition as provided for inK.S.A. 59-2965 and amendments thereto, the petitioner may request inwriting that the district court issue a temporary custody order.The request shall state:

          (1)   The reasons why the person should be detained prior tothe hearing on the petition;

          (2)   whether an ex parte emergency custody order has beenrequested or was granted; and

          (3)   the present whereabouts of the person named in thepetition.

          (b)   Upon the filing of a request for a temporary custodyorder, the court shall set the matter for a hearing which shallbe held not later than the close of business of the second daythe district court is open for the transaction of business afterthe filing of the request. The petitioner and the person withrespect to whom the request has been filed shall be notified ofthe time and place of the hearing and that they shall each beafforded an opportunity to appear at the hearing, to testify andto present and cross-examine witnesses. If the person withrespect to whom the request has been filed has not yet retainedor been appointed an attorney, the court shall appoint anattorney for the person.

          (c)   At the hearing scheduled upon the request, the personwith respect to whom the request has been filed shall be presentunless the attorney for the person requests that the person'spresence be waived and the court finds that the person's presenceat the hearing would be injurious to the person's welfare. Thecourt shall enter in the record of the proceedings the facts uponwhich the court has found that the presence of the person at thehearing would be injurious to such person's welfare. However, ifthe person with respect to whom the request has been filed statesin writing to the court or to such person's attorney that such personwishes to be present at the hearing, the person's presencecannot be waived.

          The hearing shall be conducted in as informal a manner asmay be consistent with orderly procedure and in a physicalsetting not likely to have a harmful effect on the person withrespect to whom the request has been filed. All persons notnecessary for the conduct of the proceedings may be excluded.The court shall receive all relevant and material evidence whichmay be offered. The rules governing evidentiary and proceduralmatters shall be applied to hearings under this section in amanner so as to facilitate informal, efficient presentation ofall relevant, probative evidence and resolution of issues withdue regard to the interests of all parties. The facts or dataupon which a duly qualified expert bases an opinion or inferencemay be those perceived by or made known to the expert at orbefore the hearing and if of a type reasonably relied upon byexperts in their particular field in forming opinions orinferences upon the subject, the facts or data need not beadmissible in evidence. The expert may testify in terms ofopinion or inference and give the expert's reasons thereforwithout prior disclosure of the underlying facts or data unlessthe court requires otherwise. If requested on cross-examination,the expert shall disclose the underlying facts or data.

          If the petitioner is not represented by counsel, the countyor district attorney shall represent the petitioner, prepare allnecessary papers, appear at the hearing and present such evidenceas the county or district attorney determines to be of aid to thecourt in determining whether or not there is probable cause tobelieve that the person with respect to whom the request has beenfiled is a mentally ill person subject to involuntary commitmentfor care and treatment under this act, and that it would be inthe best interests of the person to be detained until the trialupon the petition.

          (d)   After the hearing, if the court determines from theevidence that:

          (1)   There is probable cause to believe that the person withrespect to whom the request has been filed is a mentally illperson subject to involuntary commitment for care and treatmentunder this act, and that it is in the best interests of theperson to be detained until the trial upon the petition, thecourt shall issue a temporary custody order;

          (2)   there is probable cause to believe that the person withrespect to whom the request has been filed is a mentally illperson subject to involuntary commitment for care and treatmentunder this act, but that it would not be in their best intereststo be detained until the trial upon the petition, the court mayallow the person to be at liberty, subject to such conditions asthe court may impose;

          (3)   there is not probable cause to believe that the personwith respect to whom the request has been filed is a mentally illperson subject to involuntary commitment for care and treatmentunder this act, the court shall terminate the proceedings andrelease the person.

          (e) (1)   A temporary custody order issued pursuant to thissection may direct any law enforcement officer or any otherperson designated by the court to take the person named in theorder into custody and transport them to a designated treatmentfacility, and authorize the designated treatment facility todetain and treat the person until the trial upon the petition.

          (2)   No temporary custody order shall provide for thedetention and treatment of any person at a state psychiatrichospital unless a written statement from a qualified mentalhealth professional authorizing such admission and detention at astate psychiatric hospital has been filed with the court.

          (3)   No temporary custody order shall provide for thedetention of any person in a nonmedical facility used for thedetention of persons charged with or convicted of a crime.

          (4)   If no other suitable facility at which such person maybe detained is willing to accept the person, then theparticipating mental health center for that area shall provide asuitable place to detain the person until the further order ofthe court or until the trial upon the petition.

          History:   L. 1996, ch. 167, § 15; Apr. 18.

    Kansas Forms by Issue

    Kansas Court Forms
    >
    >
    >
    >
    >
    >
    >
    >
    >
    >

    Kansas Law

    Kansas State Laws
        > Kansas Child Support
        > Kansas Gun Laws
        > Kansas Nebraska Act
        > Kansas Statutes
    Kansas Tax
        > Kansas State Tax
    Kansas Labor Laws
        > Kansas Unemployment
    Kansas Agencies
        > Kansas Department of Corrections
        > Kansas Department of Revenue
        > Kansas Department of Wildlife and Parks
        > Kansas DMV
        > Kansas Secretary of State

    Kansas Court Map

    Tips