Article 29.--CARE AND TREATMENT FOR MENTALLY ILL PERSONS
59-2967.Order for outpatient treatment;revocation; reviews.(a) An order for outpatient treatment may beentered by the court at any time in lieu of any type of orderwhich would have required inpatient care and treatment if thecourt finds that the patient is likely to comply with anoutpatient treatment order and that the patient will not likelybe a danger to the community or be likely to cause harm to selfor others while subject to an outpatient treatment order.
(b) No order for outpatient treatment shall be enteredunless the head of the outpatient treatment facility hasconsented to treat the patient on an outpatient basis under theterms and conditions set forth by the court, except that no orderfor outpatient treatment shall be refused by a participatingmental health center.
(c) If outpatient treatment is ordered, the order may statespecific conditions to be followed by the patient, but shallinclude the general condition that the patient is required tocomply with all directives and treatment as required by the headof the outpatient treatment facility or the head's designee. Thecourt may also make such orders as are appropriate to provide formonitoring the patient's progress and compliance with outpatienttreatment. Within any outpatient order for treatment the courtshall specify the period of treatment as provided for in subsection (a) ofK.S.A. 59-2966 or subsection (f) ofK.S.A. 59-2969 and amendments thereto.
(d) The court shall retain jurisdiction to modify or revokethe order for outpatient treatment at any time on its own motion,on the motion of any counsel of record or upon notice from thetreatment facility of any need for new conditions in the orderfor outpatient treatment or of material noncompliance by thepatient with the order for outpatient treatment. However, if thevenue of the matter has been transferred to another court, thenthe court having venue of the matter shall have such jurisdictionto modify or revoke the outpatient treatment order. Revocationor modification of an order for outpatient treatment may be madeex parte by order of the court in accordance with the provisionsof subsections (e) or (f).
(e) The treatment facility shall immediately report to thecourt any material noncompliance by the patient with theoutpatient treatment order. Such notice may be verbal or bytelephone but shall be followed by a verified written orfacsimile notice sent to the court, to counsel for allparties and, as appropriate, to the head of the inpatienttreatment facility designated to receive the patient, by notlater than 5:00 p.m. of the first day the district court is openfor the transaction of business after the verbal or telephoniccommunication was made to the court. Upon receipt of verbal,telephone, or verified written or facsimile notice ofmaterial noncompliance, the court may enter an ex parte emergency custodyorder providing for the immediate detention of the patient in adesignated inpatient treatment facility except that the courtshall not order the detention of the patient at a statepsychiatric hospital, unless a written statement from a qualifiedmental health professional authorizing such detention at a statepsychiatric hospital has been filed with the court. Any ex parteemergency custody order issued by the court under this subsectionshall expire at 5:00 p.m. of the second day the district court isopen for the transaction of business after the patient is takeninto custody. The court shall not enter successive ex parteemergency custody orders.
(f) (1) Upon the taking of a patient into custody pursuantto an ex parte emergency custodyorder revoking a previously issued order for outpatient treatmentand ordering the patient to involuntary inpatient care the courtshall set the matter for hearing not later than the close ofbusiness on the second day the court is open for business after the patient istaken into custody. Notice ofthe hearing shall be given tothe patient, the patient's attorney, the patient's legalguardian, the petitioner or the county or district attorney asappropriate, the head of the outpatient treatment facility andthe head of the inpatient treatment facility, similarly asprovided for inK.S.A. 59-2963 and amendments thereto.
(2) Upon the entry of an ex parte order modifying apreviously issued order for outpatient treatment, but allowingthe patient to remain at liberty, a copy of the order shall beserved upon the patient, the patient's attorney, the county ordistrict attorney and the head of the outpatient treatmentfacility similarly as provided for inK.S.A. 59-2963 andamendments thereto. Thereafter, any party to the matter,including the petitioner, the county or district attorney or thepatient, may request a hearing on the matter if the request isfiled within five days from the date of service of the ex parteorder upon the patient. The court may also order such a hearingon its own motion within five days from the date of service of thenotice. If no request or order for hearing is filed within thefive-day period, the ex parte order and the terms and conditions setout in the ex parte order shall become the final order of thecourt substituting for any previously entered order foroutpatient treatment. If a hearing is requested, a formalwritten request for revocation or modification of the outpatienttreatment order shall be filed by the county or district attorneyor the petitioner and a hearing shall be held thereon within 5days after the filing of the request.
(g) The hearing held pursuant to subsection (f) shall beconducted in the same manner as hearings provided for inK.S.A. 59-2959 and amendments thereto. Upon the completion of thehearing, if the court finds by clear and convincing evidence thatthe patient violated any condition of the outpatient treatmentorder, the court may enter an order for inpatient treatment,except that the court shall not order treatment at a statepsychiatric hospital unless a written statement from a qualifiedmental health professional authorizing such treatment at a statepsychiatric hospital has been filed with the court, or may modifythe order for outpatient treatment with different terms andconditions in accordance with this section.
(h) The outpatient treatment facility shall comply with theprovisions ofK.S.A. 59-2969 and amendments thereto concerningthe filing of written reports for each periodof treatment during the time any outpatient treatment order isin effect andthe court shall receive and process such reports in the samemanner as reports received from an inpatient treatment facility.
History: L. 1996, ch. 167, § 23;L. 1997, ch. 152, § 8;L. 1998, ch. 134, § 49; July 1.
Article 29.--CARE AND TREATMENT FOR MENTALLY ILL PERSONS
59-2967.Order for outpatient treatment;revocation; reviews.(a) An order for outpatient treatment may beentered by the court at any time in lieu of any type of orderwhich would have required inpatient care and treatment if thecourt finds that the patient is likely to comply with anoutpatient treatment order and that the patient will not likelybe a danger to the community or be likely to cause harm to selfor others while subject to an outpatient treatment order.
(b) No order for outpatient treatment shall be enteredunless the head of the outpatient treatment facility hasconsented to treat the patient on an outpatient basis under theterms and conditions set forth by the court, except that no orderfor outpatient treatment shall be refused by a participatingmental health center.
(c) If outpatient treatment is ordered, the order may statespecific conditions to be followed by the patient, but shallinclude the general condition that the patient is required tocomply with all directives and treatment as required by the headof the outpatient treatment facility or the head's designee. Thecourt may also make such orders as are appropriate to provide formonitoring the patient's progress and compliance with outpatienttreatment. Within any outpatient order for treatment the courtshall specify the period of treatment as provided for in subsection (a) ofK.S.A. 59-2966 or subsection (f) ofK.S.A. 59-2969 and amendments thereto.
(d) The court shall retain jurisdiction to modify or revokethe order for outpatient treatment at any time on its own motion,on the motion of any counsel of record or upon notice from thetreatment facility of any need for new conditions in the orderfor outpatient treatment or of material noncompliance by thepatient with the order for outpatient treatment. However, if thevenue of the matter has been transferred to another court, thenthe court having venue of the matter shall have such jurisdictionto modify or revoke the outpatient treatment order. Revocationor modification of an order for outpatient treatment may be madeex parte by order of the court in accordance with the provisionsof subsections (e) or (f).
(e) The treatment facility shall immediately report to thecourt any material noncompliance by the patient with theoutpatient treatment order. Such notice may be verbal or bytelephone but shall be followed by a verified written orfacsimile notice sent to the court, to counsel for allparties and, as appropriate, to the head of the inpatienttreatment facility designated to receive the patient, by notlater than 5:00 p.m. of the first day the district court is openfor the transaction of business after the verbal or telephoniccommunication was made to the court. Upon receipt of verbal,telephone, or verified written or facsimile notice ofmaterial noncompliance, the court may enter an ex parte emergency custodyorder providing for the immediate detention of the patient in adesignated inpatient treatment facility except that the courtshall not order the detention of the patient at a statepsychiatric hospital, unless a written statement from a qualifiedmental health professional authorizing such detention at a statepsychiatric hospital has been filed with the court. Any ex parteemergency custody order issued by the court under this subsectionshall expire at 5:00 p.m. of the second day the district court isopen for the transaction of business after the patient is takeninto custody. The court shall not enter successive ex parteemergency custody orders.
(f) (1) Upon the taking of a patient into custody pursuantto an ex parte emergency custodyorder revoking a previously issued order for outpatient treatmentand ordering the patient to involuntary inpatient care the courtshall set the matter for hearing not later than the close ofbusiness on the second day the court is open for business after the patient istaken into custody. Notice ofthe hearing shall be given tothe patient, the patient's attorney, the patient's legalguardian, the petitioner or the county or district attorney asappropriate, the head of the outpatient treatment facility andthe head of the inpatient treatment facility, similarly asprovided for inK.S.A. 59-2963 and amendments thereto.
(2) Upon the entry of an ex parte order modifying apreviously issued order for outpatient treatment, but allowingthe patient to remain at liberty, a copy of the order shall beserved upon the patient, the patient's attorney, the county ordistrict attorney and the head of the outpatient treatmentfacility similarly as provided for inK.S.A. 59-2963 andamendments thereto. Thereafter, any party to the matter,including the petitioner, the county or district attorney or thepatient, may request a hearing on the matter if the request isfiled within five days from the date of service of the ex parteorder upon the patient. The court may also order such a hearingon its own motion within five days from the date of service of thenotice. If no request or order for hearing is filed within thefive-day period, the ex parte order and the terms and conditions setout in the ex parte order shall become the final order of thecourt substituting for any previously entered order foroutpatient treatment. If a hearing is requested, a formalwritten request for revocation or modification of the outpatienttreatment order shall be filed by the county or district attorneyor the petitioner and a hearing shall be held thereon within 5days after the filing of the request.
(g) The hearing held pursuant to subsection (f) shall beconducted in the same manner as hearings provided for inK.S.A. 59-2959 and amendments thereto. Upon the completion of thehearing, if the court finds by clear and convincing evidence thatthe patient violated any condition of the outpatient treatmentorder, the court may enter an order for inpatient treatment,except that the court shall not order treatment at a statepsychiatric hospital unless a written statement from a qualifiedmental health professional authorizing such treatment at a statepsychiatric hospital has been filed with the court, or may modifythe order for outpatient treatment with different terms andconditions in accordance with this section.
(h) The outpatient treatment facility shall comply with theprovisions ofK.S.A. 59-2969 and amendments thereto concerningthe filing of written reports for each periodof treatment during the time any outpatient treatment order isin effect andthe court shall receive and process such reports in the samemanner as reports received from an inpatient treatment facility.
History: L. 1996, ch. 167, § 23;L. 1997, ch. 152, § 8;L. 1998, ch. 134, § 49; July 1.
Article 29.--CARE AND TREATMENT FOR MENTALLY ILL PERSONS
59-2967.Order for outpatient treatment;revocation; reviews.(a) An order for outpatient treatment may beentered by the court at any time in lieu of any type of orderwhich would have required inpatient care and treatment if thecourt finds that the patient is likely to comply with anoutpatient treatment order and that the patient will not likelybe a danger to the community or be likely to cause harm to selfor others while subject to an outpatient treatment order.
(b) No order for outpatient treatment shall be enteredunless the head of the outpatient treatment facility hasconsented to treat the patient on an outpatient basis under theterms and conditions set forth by the court, except that no orderfor outpatient treatment shall be refused by a participatingmental health center.
(c) If outpatient treatment is ordered, the order may statespecific conditions to be followed by the patient, but shallinclude the general condition that the patient is required tocomply with all directives and treatment as required by the headof the outpatient treatment facility or the head's designee. Thecourt may also make such orders as are appropriate to provide formonitoring the patient's progress and compliance with outpatienttreatment. Within any outpatient order for treatment the courtshall specify the period of treatment as provided for in subsection (a) ofK.S.A. 59-2966 or subsection (f) ofK.S.A. 59-2969 and amendments thereto.
(d) The court shall retain jurisdiction to modify or revokethe order for outpatient treatment at any time on its own motion,on the motion of any counsel of record or upon notice from thetreatment facility of any need for new conditions in the orderfor outpatient treatment or of material noncompliance by thepatient with the order for outpatient treatment. However, if thevenue of the matter has been transferred to another court, thenthe court having venue of the matter shall have such jurisdictionto modify or revoke the outpatient treatment order. Revocationor modification of an order for outpatient treatment may be madeex parte by order of the court in accordance with the provisionsof subsections (e) or (f).
(e) The treatment facility shall immediately report to thecourt any material noncompliance by the patient with theoutpatient treatment order. Such notice may be verbal or bytelephone but shall be followed by a verified written orfacsimile notice sent to the court, to counsel for allparties and, as appropriate, to the head of the inpatienttreatment facility designated to receive the patient, by notlater than 5:00 p.m. of the first day the district court is openfor the transaction of business after the verbal or telephoniccommunication was made to the court. Upon receipt of verbal,telephone, or verified written or facsimile notice ofmaterial noncompliance, the court may enter an ex parte emergency custodyorder providing for the immediate detention of the patient in adesignated inpatient treatment facility except that the courtshall not order the detention of the patient at a statepsychiatric hospital, unless a written statement from a qualifiedmental health professional authorizing such detention at a statepsychiatric hospital has been filed with the court. Any ex parteemergency custody order issued by the court under this subsectionshall expire at 5:00 p.m. of the second day the district court isopen for the transaction of business after the patient is takeninto custody. The court shall not enter successive ex parteemergency custody orders.
(f) (1) Upon the taking of a patient into custody pursuantto an ex parte emergency custodyorder revoking a previously issued order for outpatient treatmentand ordering the patient to involuntary inpatient care the courtshall set the matter for hearing not later than the close ofbusiness on the second day the court is open for business after the patient istaken into custody. Notice ofthe hearing shall be given tothe patient, the patient's attorney, the patient's legalguardian, the petitioner or the county or district attorney asappropriate, the head of the outpatient treatment facility andthe head of the inpatient treatment facility, similarly asprovided for inK.S.A. 59-2963 and amendments thereto.
(2) Upon the entry of an ex parte order modifying apreviously issued order for outpatient treatment, but allowingthe patient to remain at liberty, a copy of the order shall beserved upon the patient, the patient's attorney, the county ordistrict attorney and the head of the outpatient treatmentfacility similarly as provided for inK.S.A. 59-2963 andamendments thereto. Thereafter, any party to the matter,including the petitioner, the county or district attorney or thepatient, may request a hearing on the matter if the request isfiled within five days from the date of service of the ex parteorder upon the patient. The court may also order such a hearingon its own motion within five days from the date of service of thenotice. If no request or order for hearing is filed within thefive-day period, the ex parte order and the terms and conditions setout in the ex parte order shall become the final order of thecourt substituting for any previously entered order foroutpatient treatment. If a hearing is requested, a formalwritten request for revocation or modification of the outpatienttreatment order shall be filed by the county or district attorneyor the petitioner and a hearing shall be held thereon within 5days after the filing of the request.
(g) The hearing held pursuant to subsection (f) shall beconducted in the same manner as hearings provided for inK.S.A. 59-2959 and amendments thereto. Upon the completion of thehearing, if the court finds by clear and convincing evidence thatthe patient violated any condition of the outpatient treatmentorder, the court may enter an order for inpatient treatment,except that the court shall not order treatment at a statepsychiatric hospital unless a written statement from a qualifiedmental health professional authorizing such treatment at a statepsychiatric hospital has been filed with the court, or may modifythe order for outpatient treatment with different terms andconditions in accordance with this section.
(h) The outpatient treatment facility shall comply with theprovisions ofK.S.A. 59-2969 and amendments thereto concerningthe filing of written reports for each periodof treatment during the time any outpatient treatment order isin effect andthe court shall receive and process such reports in the samemanner as reports received from an inpatient treatment facility.
History: L. 1996, ch. 167, § 23;L. 1997, ch. 152, § 8;L. 1998, ch. 134, § 49; July 1.
