State Codes and Statutes
Statutes > Kansas > Chapter59 > Article29 > Statutes_2365159-2961
59-2961. Order for a mental evaluation;procedure.(a) The order for a mental evaluation requiredby subsection (a)(5) ofK.S.A. 59-2960 and amendments thereto, shallbe served in the manner provided for in subsections (c) and (d) ofK.S.A. 59-2963 and amendments thereto. It shall order the proposedpatient tosubmit to a mental evaluation to be conducted by a physician,psychologistor qualified mental health professional designated by the head of aparticipating mental health center and to undergo such otherphysical or other evaluations as may beordered by the court, exceptthat any proposed patient who is not subject to a temporarycustody order issued pursuant toK.S.A. 59-2959 and amendmentsthereto and who requests a hearing pursuant toK.S.A. 59-2962and amendments thereto, need not submit to such evaluationsuntilthat hearing has been held and the court finds that there isprobable cause to believe that the proposed patient is a mentallyill person subject to involuntary commitment for care andtreatment under this act. The evaluation may be conducted at atreatment facility, the home of the proposed patient or any othersuitable place that the court determines is not likely to have aharmful effect on the welfare of the proposed patient. A statepsychiatric hospital shall not be ordered to evaluate anyproposed patient, unless a written statement from a qualifiedmental health professional authorizing such an evaluation at astate psychiatric hospital has been filed with the court.
(b) At the time designated by the court in the order, butin no event later than three days prior to the date of thetrialprovided for inK.S.A. 59-2965 and amendments thereto, theexaminer shall submit to the court a report, in writing, of theevaluation which report also shall be made available to counselfor the parties at least three days prior to thetrial. Thereport also shall be made available to the proposed patient andto whomever the patient directs, unless for good cause recited inthe order, the court orders otherwise. Such report shall statethat the examiner has made an examination of the proposed patientand shall state the opinion of the examiner on the issue ofwhether or not the proposed patient is a mentally ill personsubject to involuntary commitment for care and treatment underthe act and the examiner's opinion as to the least restrictivetreatment alternative which will protect the proposed patient andothers and allow for the improvement of the proposed patient iftreatment is ordered.
History: L. 1996, ch. 167, § 17;L. 1998, ch. 134, § 45; July 1.
