Article 29b.--CARE AND TREATMENT FOR PERSONS WITH AN ALCOHOL OR SUBSTANCE ABUSE PROBLEM
59-29b60.Preliminary orders; continuances andadvancement of trial.(a) Upon the filing of the petition provided for inK.S.A. 59-29b57and amendments thereto, the district court shall issue thefollowing:
(1) An order fixing the time and place of the trial uponthe petition. Such hearing, in the court's discretion, may beconducted in a courtroom, a treatment facility or at some othersuitable place. The time fixed in the order shall in no event beearlier than seven days or later than 14 days after the date of thefiling of the petition. If a demand for a trial by jury is laterfiled by the proposed patient, the court may continue the trialand fix a new time and place of the trial at a time that mayexceed beyond the 14 days but shall be fixed within a reasonabletime not exceeding 30 days from the date of the filing of thedemand.
(2) An order that the proposed patient appear at the timeand place of the hearing and providing that the proposedpatient's presence will be required at the hearing unless theattorney for the proposed patient shall make a request that theproposed patient's presence be waived and the court finds thatthe proposed patient's presence at the hearing would be injuriousto the proposed patient's welfare. The order shall furtherprovide that notwithstanding the foregoing provision, if theproposed patient requests in writing to the court or to suchperson's attorney that the proposed patient wishes to be presentat the hearing, the proposed patient's presence cannot be waived.
(3) An order appointing an attorney to represent theproposed patient at all stages of the proceedings and until allorders resulting from such proceedings are terminated. The courtshall give preference, in the appointment of this attorney, toany attorney who has represented the proposed patient in othermatters if the court has knowledge of that prior representation.The proposed patient shall have the right to engage an attorneyof the proposed patient's own choice and, in such event, theattorney appointed by the court shall be relieved of all dutiesby the court.
(4) An order that the proposed patient shall appear at atime and place that is in the best interests of the patient wherethe proposed patient will have the opportunity to consult withthe proposed patient's court-appointed attorney, which time shallbe at least five days prior to the date set for the trial underK.S.A. 59-29b65 and amendments thereto.
(5) An order for an evaluation as provided for inK.S.A. 59-29b61and amendments thereto.
(6) A notice as provided for inK.S.A. 59-29b63 and amendmentsthereto.
(7) If the petition also contains allegations as providedfor inK.S.A. 59-3058, 59-3059, 59-3060, 59-3061 or 59-3062, andamendments thereto, those ordersnecessary to make a determination of the need for a legalguardian or conservator, or both, to act on behalf of the proposedpatient. For these purposes, the trials required byK.S.A. 59-29b65andK.S.A. 59-3067, and amendments thereto, may beconsolidated.
(8) If the petitioner shall not have named a proposedtreatment facility to which the proposed patient may be sent asprovided for subsection (b)(8) ofK.S.A. 59-29b57 and amendmentsthereto,but instead stated that the secretary of social andrehabilitation services has been notified and requested todetermine which treatment facility the proposed patient shouldbe sent to, then the court shall issue an order requiring thesecretary, or the secretary's designee, to make thatdetermination and to notify the court of the name and address ofthat treatment facility by such time as the court shall specifyin the court's order.
(b) Nothing in this section shall prevent the court fromgranting an order of continuance, for good cause shown, to anyparty for no longer than seven days, except that such limitation doesnot apply to a request for an order of continuance made by theproposed patient or to a request made by any party if theproposed patient is absent such that furtherproceedings can not be held until the proposed patient has beenlocated. The court also, upon the request of any party, mayadvance the date of the hearing if necessary and in the bestinterests of all concerned.
History: L. 1998, ch. 134, § 16;L. 2002, ch. 114, § 71; July 1.
Article 29b.--CARE AND TREATMENT FOR PERSONS WITH AN ALCOHOL OR SUBSTANCE ABUSE PROBLEM
59-29b60.Preliminary orders; continuances andadvancement of trial.(a) Upon the filing of the petition provided for inK.S.A. 59-29b57and amendments thereto, the district court shall issue thefollowing:
(1) An order fixing the time and place of the trial uponthe petition. Such hearing, in the court's discretion, may beconducted in a courtroom, a treatment facility or at some othersuitable place. The time fixed in the order shall in no event beearlier than seven days or later than 14 days after the date of thefiling of the petition. If a demand for a trial by jury is laterfiled by the proposed patient, the court may continue the trialand fix a new time and place of the trial at a time that mayexceed beyond the 14 days but shall be fixed within a reasonabletime not exceeding 30 days from the date of the filing of thedemand.
(2) An order that the proposed patient appear at the timeand place of the hearing and providing that the proposedpatient's presence will be required at the hearing unless theattorney for the proposed patient shall make a request that theproposed patient's presence be waived and the court finds thatthe proposed patient's presence at the hearing would be injuriousto the proposed patient's welfare. The order shall furtherprovide that notwithstanding the foregoing provision, if theproposed patient requests in writing to the court or to suchperson's attorney that the proposed patient wishes to be presentat the hearing, the proposed patient's presence cannot be waived.
(3) An order appointing an attorney to represent theproposed patient at all stages of the proceedings and until allorders resulting from such proceedings are terminated. The courtshall give preference, in the appointment of this attorney, toany attorney who has represented the proposed patient in othermatters if the court has knowledge of that prior representation.The proposed patient shall have the right to engage an attorneyof the proposed patient's own choice and, in such event, theattorney appointed by the court shall be relieved of all dutiesby the court.
(4) An order that the proposed patient shall appear at atime and place that is in the best interests of the patient wherethe proposed patient will have the opportunity to consult withthe proposed patient's court-appointed attorney, which time shallbe at least five days prior to the date set for the trial underK.S.A. 59-29b65 and amendments thereto.
(5) An order for an evaluation as provided for inK.S.A. 59-29b61and amendments thereto.
(6) A notice as provided for inK.S.A. 59-29b63 and amendmentsthereto.
(7) If the petition also contains allegations as providedfor inK.S.A. 59-3058, 59-3059, 59-3060, 59-3061 or 59-3062, andamendments thereto, those ordersnecessary to make a determination of the need for a legalguardian or conservator, or both, to act on behalf of the proposedpatient. For these purposes, the trials required byK.S.A. 59-29b65andK.S.A. 59-3067, and amendments thereto, may beconsolidated.
(8) If the petitioner shall not have named a proposedtreatment facility to which the proposed patient may be sent asprovided for subsection (b)(8) ofK.S.A. 59-29b57 and amendmentsthereto,but instead stated that the secretary of social andrehabilitation services has been notified and requested todetermine which treatment facility the proposed patient shouldbe sent to, then the court shall issue an order requiring thesecretary, or the secretary's designee, to make thatdetermination and to notify the court of the name and address ofthat treatment facility by such time as the court shall specifyin the court's order.
(b) Nothing in this section shall prevent the court fromgranting an order of continuance, for good cause shown, to anyparty for no longer than seven days, except that such limitation doesnot apply to a request for an order of continuance made by theproposed patient or to a request made by any party if theproposed patient is absent such that furtherproceedings can not be held until the proposed patient has beenlocated. The court also, upon the request of any party, mayadvance the date of the hearing if necessary and in the bestinterests of all concerned.
History: L. 1998, ch. 134, § 16;L. 2002, ch. 114, § 71; July 1.
Article 29b.--CARE AND TREATMENT FOR PERSONS WITH AN ALCOHOL OR SUBSTANCE ABUSE PROBLEM
59-29b60.Preliminary orders; continuances andadvancement of trial.(a) Upon the filing of the petition provided for inK.S.A. 59-29b57and amendments thereto, the district court shall issue thefollowing:
(1) An order fixing the time and place of the trial uponthe petition. Such hearing, in the court's discretion, may beconducted in a courtroom, a treatment facility or at some othersuitable place. The time fixed in the order shall in no event beearlier than seven days or later than 14 days after the date of thefiling of the petition. If a demand for a trial by jury is laterfiled by the proposed patient, the court may continue the trialand fix a new time and place of the trial at a time that mayexceed beyond the 14 days but shall be fixed within a reasonabletime not exceeding 30 days from the date of the filing of thedemand.
(2) An order that the proposed patient appear at the timeand place of the hearing and providing that the proposedpatient's presence will be required at the hearing unless theattorney for the proposed patient shall make a request that theproposed patient's presence be waived and the court finds thatthe proposed patient's presence at the hearing would be injuriousto the proposed patient's welfare. The order shall furtherprovide that notwithstanding the foregoing provision, if theproposed patient requests in writing to the court or to suchperson's attorney that the proposed patient wishes to be presentat the hearing, the proposed patient's presence cannot be waived.
(3) An order appointing an attorney to represent theproposed patient at all stages of the proceedings and until allorders resulting from such proceedings are terminated. The courtshall give preference, in the appointment of this attorney, toany attorney who has represented the proposed patient in othermatters if the court has knowledge of that prior representation.The proposed patient shall have the right to engage an attorneyof the proposed patient's own choice and, in such event, theattorney appointed by the court shall be relieved of all dutiesby the court.
(4) An order that the proposed patient shall appear at atime and place that is in the best interests of the patient wherethe proposed patient will have the opportunity to consult withthe proposed patient's court-appointed attorney, which time shallbe at least five days prior to the date set for the trial underK.S.A. 59-29b65 and amendments thereto.
(5) An order for an evaluation as provided for inK.S.A. 59-29b61and amendments thereto.
(6) A notice as provided for inK.S.A. 59-29b63 and amendmentsthereto.
(7) If the petition also contains allegations as providedfor inK.S.A. 59-3058, 59-3059, 59-3060, 59-3061 or 59-3062, andamendments thereto, those ordersnecessary to make a determination of the need for a legalguardian or conservator, or both, to act on behalf of the proposedpatient. For these purposes, the trials required byK.S.A. 59-29b65andK.S.A. 59-3067, and amendments thereto, may beconsolidated.
(8) If the petitioner shall not have named a proposedtreatment facility to which the proposed patient may be sent asprovided for subsection (b)(8) ofK.S.A. 59-29b57 and amendmentsthereto,but instead stated that the secretary of social andrehabilitation services has been notified and requested todetermine which treatment facility the proposed patient shouldbe sent to, then the court shall issue an order requiring thesecretary, or the secretary's designee, to make thatdetermination and to notify the court of the name and address ofthat treatment facility by such time as the court shall specifyin the court's order.
(b) Nothing in this section shall prevent the court fromgranting an order of continuance, for good cause shown, to anyparty for no longer than seven days, except that such limitation doesnot apply to a request for an order of continuance made by theproposed patient or to a request made by any party if theproposed patient is absent such that furtherproceedings can not be held until the proposed patient has beenlocated. The court also, upon the request of any party, mayadvance the date of the hearing if necessary and in the bestinterests of all concerned.
History: L. 1998, ch. 134, § 16;L. 2002, ch. 114, § 71; July 1.
