Article 29.--CARE AND TREATMENT FOR MENTALLY ILL PERSONS
59-2949.Voluntary admission to treatment facility;application; written information to be given voluntary patient.(a) A mentally ill person may be admitted to atreatment facility as a voluntary patient when there areavailable accommodations and the head of the treatment facilitydetermines such person is in need of treatment therein, and thatthe person has the capacity to consent to treatment, except thatno such person shall be admitted to a state psychiatric hospitalwithout a written statement from a qualified mental healthprofessional authorizing such admission.
(b) Admission shall be made upon written application:
(1) If such person is 18 years of age or older the personmay make such application for themself; or
(2) (A) If such person is less than 18 years of age, aparent may make such application for their child; or
(B) if such person is less than 18 years of age, but 14years of age or older the person may make such writtenapplication on their own behalf without the consent or writtenapplication of their parent, legal guardian or any other person.Whenever a person who is 14 years of age or older makes writtenapplication on their own behalf and is admitted as a voluntarypatient, the head of the treatment facility shall promptly notifythe child's parent, legal guardian or other person known to thehead of the treatment facility to be interested in the care andwelfare of the minor of the admittance of that child; or
(3) if such person has a legal guardian, the legal guardianmay make such application provided that if thelegal guardian is required to obtain authority to do sopursuant toK.S.A. 59-3077, and amendments thereto.If the legalguardian is seeking admission of their ward uponan order giving the guardian continuing authority to admit the ward to atreatment facility, as defined inK.S.A. 59-3077, and amendments thereto, the head of thetreatment facility may require a statement from the patient'sattending physician or from the local health officer of the areain which the patient resides confirming that the patient is inneed of psychiatric treatment in a treatment facility before accepting the wardfor admission, and shall divert any such person to a less restrictive treatmentalternative, as may be appropriate.
(c) No person shall be admitted as a voluntary patientunder the provisions of this act to any treatment facility unlessthe head of the treatment facility has informed such person orsuch person's parent, legal guardian, or other person known tothe head of the treatment facility to be interested in the careand welfare of a minor, in writing, of the following:
(1) The rules and procedures of the treatment facilityrelating to the discharge of voluntary patients;
(2) the legal rights of a voluntary patient receivingtreatment from a treatment facility as provided for inK.S.A. 59-2978 andamendments thereto; and
(3) in general terms, the types of treatment which are available or wouldnot be available to a voluntary patient from that treatment facility.
(d) Nothing in this act shall be construed as toprohibit a proposed or involuntary patient with capacity to do sofrom making an application for admission as a voluntary patientto a treatment facility. Any proposed or involuntary patientdesiring to do so shall be afforded an opportunity to consultwith their attorney prior to making any such application. If thehead of the treatment facility accepts the application and admitsthe patient as a voluntary patient, then the head of thetreatment facility shall notify, in writing, the patient'sattorney, the patient's legal guardian, if the patient has alegal guardian, and the district court which has jurisdictionover the patient of the patient's voluntary status. When a noticeof voluntary admission is received, the court shall file the samewhich shall terminate the proceedings.
History: L. 1996, ch. 167, § 5;L. 2002, ch. 114, § 64; July 1.
Article 29.--CARE AND TREATMENT FOR MENTALLY ILL PERSONS
59-2949.Voluntary admission to treatment facility;application; written information to be given voluntary patient.(a) A mentally ill person may be admitted to atreatment facility as a voluntary patient when there areavailable accommodations and the head of the treatment facilitydetermines such person is in need of treatment therein, and thatthe person has the capacity to consent to treatment, except thatno such person shall be admitted to a state psychiatric hospitalwithout a written statement from a qualified mental healthprofessional authorizing such admission.
(b) Admission shall be made upon written application:
(1) If such person is 18 years of age or older the personmay make such application for themself; or
(2) (A) If such person is less than 18 years of age, aparent may make such application for their child; or
(B) if such person is less than 18 years of age, but 14years of age or older the person may make such writtenapplication on their own behalf without the consent or writtenapplication of their parent, legal guardian or any other person.Whenever a person who is 14 years of age or older makes writtenapplication on their own behalf and is admitted as a voluntarypatient, the head of the treatment facility shall promptly notifythe child's parent, legal guardian or other person known to thehead of the treatment facility to be interested in the care andwelfare of the minor of the admittance of that child; or
(3) if such person has a legal guardian, the legal guardianmay make such application provided that if thelegal guardian is required to obtain authority to do sopursuant toK.S.A. 59-3077, and amendments thereto.If the legalguardian is seeking admission of their ward uponan order giving the guardian continuing authority to admit the ward to atreatment facility, as defined inK.S.A. 59-3077, and amendments thereto, the head of thetreatment facility may require a statement from the patient'sattending physician or from the local health officer of the areain which the patient resides confirming that the patient is inneed of psychiatric treatment in a treatment facility before accepting the wardfor admission, and shall divert any such person to a less restrictive treatmentalternative, as may be appropriate.
(c) No person shall be admitted as a voluntary patientunder the provisions of this act to any treatment facility unlessthe head of the treatment facility has informed such person orsuch person's parent, legal guardian, or other person known tothe head of the treatment facility to be interested in the careand welfare of a minor, in writing, of the following:
(1) The rules and procedures of the treatment facilityrelating to the discharge of voluntary patients;
(2) the legal rights of a voluntary patient receivingtreatment from a treatment facility as provided for inK.S.A. 59-2978 andamendments thereto; and
(3) in general terms, the types of treatment which are available or wouldnot be available to a voluntary patient from that treatment facility.
(d) Nothing in this act shall be construed as toprohibit a proposed or involuntary patient with capacity to do sofrom making an application for admission as a voluntary patientto a treatment facility. Any proposed or involuntary patientdesiring to do so shall be afforded an opportunity to consultwith their attorney prior to making any such application. If thehead of the treatment facility accepts the application and admitsthe patient as a voluntary patient, then the head of thetreatment facility shall notify, in writing, the patient'sattorney, the patient's legal guardian, if the patient has alegal guardian, and the district court which has jurisdictionover the patient of the patient's voluntary status. When a noticeof voluntary admission is received, the court shall file the samewhich shall terminate the proceedings.
History: L. 1996, ch. 167, § 5;L. 2002, ch. 114, § 64; July 1.
Article 29.--CARE AND TREATMENT FOR MENTALLY ILL PERSONS
59-2949.Voluntary admission to treatment facility;application; written information to be given voluntary patient.(a) A mentally ill person may be admitted to atreatment facility as a voluntary patient when there areavailable accommodations and the head of the treatment facilitydetermines such person is in need of treatment therein, and thatthe person has the capacity to consent to treatment, except thatno such person shall be admitted to a state psychiatric hospitalwithout a written statement from a qualified mental healthprofessional authorizing such admission.
(b) Admission shall be made upon written application:
(1) If such person is 18 years of age or older the personmay make such application for themself; or
(2) (A) If such person is less than 18 years of age, aparent may make such application for their child; or
(B) if such person is less than 18 years of age, but 14years of age or older the person may make such writtenapplication on their own behalf without the consent or writtenapplication of their parent, legal guardian or any other person.Whenever a person who is 14 years of age or older makes writtenapplication on their own behalf and is admitted as a voluntarypatient, the head of the treatment facility shall promptly notifythe child's parent, legal guardian or other person known to thehead of the treatment facility to be interested in the care andwelfare of the minor of the admittance of that child; or
(3) if such person has a legal guardian, the legal guardianmay make such application provided that if thelegal guardian is required to obtain authority to do sopursuant toK.S.A. 59-3077, and amendments thereto.If the legalguardian is seeking admission of their ward uponan order giving the guardian continuing authority to admit the ward to atreatment facility, as defined inK.S.A. 59-3077, and amendments thereto, the head of thetreatment facility may require a statement from the patient'sattending physician or from the local health officer of the areain which the patient resides confirming that the patient is inneed of psychiatric treatment in a treatment facility before accepting the wardfor admission, and shall divert any such person to a less restrictive treatmentalternative, as may be appropriate.
(c) No person shall be admitted as a voluntary patientunder the provisions of this act to any treatment facility unlessthe head of the treatment facility has informed such person orsuch person's parent, legal guardian, or other person known tothe head of the treatment facility to be interested in the careand welfare of a minor, in writing, of the following:
(1) The rules and procedures of the treatment facilityrelating to the discharge of voluntary patients;
(2) the legal rights of a voluntary patient receivingtreatment from a treatment facility as provided for inK.S.A. 59-2978 andamendments thereto; and
(3) in general terms, the types of treatment which are available or wouldnot be available to a voluntary patient from that treatment facility.
(d) Nothing in this act shall be construed as toprohibit a proposed or involuntary patient with capacity to do sofrom making an application for admission as a voluntary patientto a treatment facility. Any proposed or involuntary patientdesiring to do so shall be afforded an opportunity to consultwith their attorney prior to making any such application. If thehead of the treatment facility accepts the application and admitsthe patient as a voluntary patient, then the head of thetreatment facility shall notify, in writing, the patient'sattorney, the patient's legal guardian, if the patient has alegal guardian, and the district court which has jurisdictionover the patient of the patient's voluntary status. When a noticeof voluntary admission is received, the court shall file the samewhich shall terminate the proceedings.
History: L. 1996, ch. 167, § 5;L. 2002, ch. 114, § 64; July 1.
