State Codes and Statutes
Statutes > Kansas > Chapter59 > Article29b > Statutes_2371659-29b61
59-29b61. Order for evaluation; procedure.(a) The order for an evaluation required by subsection (a)(5)ofK.S.A. 59-29b60 and amendments thereto, shall be served in themannerprovided for in a subsections (c) and (d) ofK.S.A. 59-29b63 andamendments thereto. It shall order the proposed patient to submitto an evaluation to be conducted by a physician, psychologist orstate certified alcohol and drug abuse counselor and to undergosuch other medical examinations or evaluations as may bedesignated by the court in the order, except that any proposedpatient who is not subject to a temporary custody order issuedpursuant toK.S.A. 59-29b59 and amendments thereto and who requestsahearing pursuant toK.S.A. 59-29b62 and amendments thereto, need notsubmit to such evaluations or examinations until that hearing hasbeen held and the court finds that there is probable cause tobelieve that the proposed patient is a person with an alcohol orsubstance abuse problem subject to involuntary commitment forcare and treatment under this act. The evaluation may beconducted at a treatment facility, the home of the proposedpatient or any other suitable place that the court determines isnot likely to have a harmful effect on the welfare of theproposed patient.
(b) At the time designated by the court in the order, butin no event later than three days prior to the date of the trialprovided for inK.S.A. 59-29b65 and amendments thereto, the examinershall submit to the court a report, in writing, of the evaluationwhich report also shall be made available to counsel for theparties at least three days prior to the trial. The report also shallbe made available to the proposed patient and to whomever thepatient directs, unless for good cause recited in the order, thecourt orders otherwise. Such report shall state that the examinerhas made an examination of the proposed patient and shall statethe opinion of the examiner on the issue of whether or not theproposed patient is a person with an alcohol or substance abuseproblem subject to involuntary commitment for care and treatmentunder this act and the examiner's opinion as to the leastrestrictive treatment alternative which will protect the proposedpatient and others and allow for the improvement of the proposedpatient if treatment is ordered.
History: L. 1998, ch. 134, § 17; July 1.
