Article 29b.--CARE AND TREATMENT FOR PERSONS WITH AN ALCOHOL OR SUBSTANCE ABUSE PROBLEM
59-29b67.Order for outpatient treatment;revocation; reviews.(a) An order for outpatient treatment may be entered by thecourtat any time in lieu of any type of order which would haverequired inpatient care and treatment if the court finds that thepatient is likely to comply with an outpatient treatment orderand that the patient will not likely be a danger to the communityor be likely to cause harm to self or others while subject to anoutpatient 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.
(c) If outpatient treatment is ordered, the order maystate specific conditions to be followed by the patient, butshall include the general condition that the patient is requiredto comply with all directives and treatment as required by thehead of the outpatient treatment facility or the head's designee.The court may also make such orders as are appropriate to providefor monitoring the patient's progress and compliance withoutpatient treatment. Within any outpatient order for treatmentthe court shall specify the period of treatment as provided forin subsection (a) ofK.S.A. 59-29b66 or subsection (f) ofK.S.A. 59-29b69 and amendments thereto.
(d) The court shall retain jurisdiction to modify orrevoke the order for outpatient treatment at any time on its ownmotion, on the motion of any counsel of record or upon noticefrom the treatment facility of any need for new conditions in theorder for outpatient treatment or of material noncompliance bythe patient with the order for outpatient treatment. However, ifthe venue of the matter has been transferred to another court,then the court having venue of the matter shall have such jurisdiction tomodify or revoke theoutpatient treatment order. Revocation or modification of anorder for outpatient treatment may be made ex parte by order ofthe court in accordance with the provisions of 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 all partiesand, as appropriate, to the head of the inpatient treatmentfacility designated to receive the patient, by not later than5:00 p.m. of the first day the district court is open for thetransaction of business after the verbal or telephoniccommunication was made to the court. Upon receipt of verbal,telephone, or verified written or facsimile notice of materialnoncompliance, the court may enter an ex parte emergency custodyorder providing for the immediate detention of the patient in adesignated inpatient treatment facility. Any ex parte emergencycustody order issued by the court under this subsection shallexpire at 5:00 p.m. of the second day the district court is openfor the transaction of business after the patient is taken intocustody. The court shall not enter successive ex parte emergencycustody orders.
(f) (1) Upon the taking of a patient into custody pursuantto an ex parte emergency custody order revoking a previouslyissued order for outpatient treatment and ordering the patient toinvoluntary inpatient care the court shall set the matter forhearing not later than the close of business on the second daythe court is open for business after the patient is taken intocustody. Notice of the hearing shall be given to the patient, thepatient's attorney, the patient's legal guardian, the petitioneror the county or district attorney as appropriate, the head ofthe outpatient treatment facility and the head of the inpatienttreatment facility, similarly as provided for inK.S.A. 59-29b63 andamendments 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. 59-29b63 and amendmentsthereto. Thereafter, any party to the matter, including thepetitioner, the county or district attorney or the patient, mayrequest a hearing on the matter if the request is filed within 5days from the date of service of the ex parte order upon thepatient. The court may also order such a hearing on its ownmotion within 5 days from the date of service of the notice. Ifno request or order for hearing is filed within the 5-day period,the ex parte order and the terms and conditions set out in the exparte order shall become the final order of the courtsubstituting for any previously entered order for outpatienttreatment. If a hearing is requested, a formal written requestfor revocation or modification of the outpatient treatment ordershall be filed by the county or district attorney or thepetitioner and a hearing shall be held thereon within 5 daysafter 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. 59-29b59 and amendments thereto. Upon the completion of the hearing,if the court finds by clear and convincing evidence that the patientviolated any condition of the outpatient treatment order, thecourt may enter an order for inpatient treatment, or may modifythe order for outpatient treatment with different terms andconditions in accordance with this section.
(h) The outpatient treatment facility shall comply withthe provisions ofK.S.A. 59-29b69 and amendments thereto concerningthe filing of written reports for each period of treatment duringthe time any outpatient treatment order is in effect and thecourt shall receive and process such reports in the same manneras reports received from an inpatient treatment facility.
Article 29b.--CARE AND TREATMENT FOR PERSONS WITH AN ALCOHOL OR SUBSTANCE ABUSE PROBLEM
59-29b67.Order for outpatient treatment;revocation; reviews.(a) An order for outpatient treatment may be entered by thecourtat any time in lieu of any type of order which would haverequired inpatient care and treatment if the court finds that thepatient is likely to comply with an outpatient treatment orderand that the patient will not likely be a danger to the communityor be likely to cause harm to self or others while subject to anoutpatient 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.
(c) If outpatient treatment is ordered, the order maystate specific conditions to be followed by the patient, butshall include the general condition that the patient is requiredto comply with all directives and treatment as required by thehead of the outpatient treatment facility or the head's designee.The court may also make such orders as are appropriate to providefor monitoring the patient's progress and compliance withoutpatient treatment. Within any outpatient order for treatmentthe court shall specify the period of treatment as provided forin subsection (a) ofK.S.A. 59-29b66 or subsection (f) ofK.S.A. 59-29b69 and amendments thereto.
(d) The court shall retain jurisdiction to modify orrevoke the order for outpatient treatment at any time on its ownmotion, on the motion of any counsel of record or upon noticefrom the treatment facility of any need for new conditions in theorder for outpatient treatment or of material noncompliance bythe patient with the order for outpatient treatment. However, ifthe venue of the matter has been transferred to another court,then the court having venue of the matter shall have such jurisdiction tomodify or revoke theoutpatient treatment order. Revocation or modification of anorder for outpatient treatment may be made ex parte by order ofthe court in accordance with the provisions of 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 all partiesand, as appropriate, to the head of the inpatient treatmentfacility designated to receive the patient, by not later than5:00 p.m. of the first day the district court is open for thetransaction of business after the verbal or telephoniccommunication was made to the court. Upon receipt of verbal,telephone, or verified written or facsimile notice of materialnoncompliance, the court may enter an ex parte emergency custodyorder providing for the immediate detention of the patient in adesignated inpatient treatment facility. Any ex parte emergencycustody order issued by the court under this subsection shallexpire at 5:00 p.m. of the second day the district court is openfor the transaction of business after the patient is taken intocustody. The court shall not enter successive ex parte emergencycustody orders.
(f) (1) Upon the taking of a patient into custody pursuantto an ex parte emergency custody order revoking a previouslyissued order for outpatient treatment and ordering the patient toinvoluntary inpatient care the court shall set the matter forhearing not later than the close of business on the second daythe court is open for business after the patient is taken intocustody. Notice of the hearing shall be given to the patient, thepatient's attorney, the patient's legal guardian, the petitioneror the county or district attorney as appropriate, the head ofthe outpatient treatment facility and the head of the inpatienttreatment facility, similarly as provided for inK.S.A. 59-29b63 andamendments 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. 59-29b63 and amendmentsthereto. Thereafter, any party to the matter, including thepetitioner, the county or district attorney or the patient, mayrequest a hearing on the matter if the request is filed within 5days from the date of service of the ex parte order upon thepatient. The court may also order such a hearing on its ownmotion within 5 days from the date of service of the notice. Ifno request or order for hearing is filed within the 5-day period,the ex parte order and the terms and conditions set out in the exparte order shall become the final order of the courtsubstituting for any previously entered order for outpatienttreatment. If a hearing is requested, a formal written requestfor revocation or modification of the outpatient treatment ordershall be filed by the county or district attorney or thepetitioner and a hearing shall be held thereon within 5 daysafter 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. 59-29b59 and amendments thereto. Upon the completion of the hearing,if the court finds by clear and convincing evidence that the patientviolated any condition of the outpatient treatment order, thecourt may enter an order for inpatient treatment, or may modifythe order for outpatient treatment with different terms andconditions in accordance with this section.
(h) The outpatient treatment facility shall comply withthe provisions ofK.S.A. 59-29b69 and amendments thereto concerningthe filing of written reports for each period of treatment duringthe time any outpatient treatment order is in effect and thecourt shall receive and process such reports in the same manneras reports received from an inpatient treatment facility.
Article 29b.--CARE AND TREATMENT FOR PERSONS WITH AN ALCOHOL OR SUBSTANCE ABUSE PROBLEM
59-29b67.Order for outpatient treatment;revocation; reviews.(a) An order for outpatient treatment may be entered by thecourtat any time in lieu of any type of order which would haverequired inpatient care and treatment if the court finds that thepatient is likely to comply with an outpatient treatment orderand that the patient will not likely be a danger to the communityor be likely to cause harm to self or others while subject to anoutpatient 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.
(c) If outpatient treatment is ordered, the order maystate specific conditions to be followed by the patient, butshall include the general condition that the patient is requiredto comply with all directives and treatment as required by thehead of the outpatient treatment facility or the head's designee.The court may also make such orders as are appropriate to providefor monitoring the patient's progress and compliance withoutpatient treatment. Within any outpatient order for treatmentthe court shall specify the period of treatment as provided forin subsection (a) ofK.S.A. 59-29b66 or subsection (f) ofK.S.A. 59-29b69 and amendments thereto.
(d) The court shall retain jurisdiction to modify orrevoke the order for outpatient treatment at any time on its ownmotion, on the motion of any counsel of record or upon noticefrom the treatment facility of any need for new conditions in theorder for outpatient treatment or of material noncompliance bythe patient with the order for outpatient treatment. However, ifthe venue of the matter has been transferred to another court,then the court having venue of the matter shall have such jurisdiction tomodify or revoke theoutpatient treatment order. Revocation or modification of anorder for outpatient treatment may be made ex parte by order ofthe court in accordance with the provisions of 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 all partiesand, as appropriate, to the head of the inpatient treatmentfacility designated to receive the patient, by not later than5:00 p.m. of the first day the district court is open for thetransaction of business after the verbal or telephoniccommunication was made to the court. Upon receipt of verbal,telephone, or verified written or facsimile notice of materialnoncompliance, the court may enter an ex parte emergency custodyorder providing for the immediate detention of the patient in adesignated inpatient treatment facility. Any ex parte emergencycustody order issued by the court under this subsection shallexpire at 5:00 p.m. of the second day the district court is openfor the transaction of business after the patient is taken intocustody. The court shall not enter successive ex parte emergencycustody orders.
(f) (1) Upon the taking of a patient into custody pursuantto an ex parte emergency custody order revoking a previouslyissued order for outpatient treatment and ordering the patient toinvoluntary inpatient care the court shall set the matter forhearing not later than the close of business on the second daythe court is open for business after the patient is taken intocustody. Notice of the hearing shall be given to the patient, thepatient's attorney, the patient's legal guardian, the petitioneror the county or district attorney as appropriate, the head ofthe outpatient treatment facility and the head of the inpatienttreatment facility, similarly as provided for inK.S.A. 59-29b63 andamendments 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. 59-29b63 and amendmentsthereto. Thereafter, any party to the matter, including thepetitioner, the county or district attorney or the patient, mayrequest a hearing on the matter if the request is filed within 5days from the date of service of the ex parte order upon thepatient. The court may also order such a hearing on its ownmotion within 5 days from the date of service of the notice. Ifno request or order for hearing is filed within the 5-day period,the ex parte order and the terms and conditions set out in the exparte order shall become the final order of the courtsubstituting for any previously entered order for outpatienttreatment. If a hearing is requested, a formal written requestfor revocation or modification of the outpatient treatment ordershall be filed by the county or district attorney or thepetitioner and a hearing shall be held thereon within 5 daysafter 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. 59-29b59 and amendments thereto. Upon the completion of the hearing,if the court finds by clear and convincing evidence that the patientviolated any condition of the outpatient treatment order, thecourt may enter an order for inpatient treatment, or may modifythe order for outpatient treatment with different terms andconditions in accordance with this section.
(h) The outpatient treatment facility shall comply withthe provisions ofK.S.A. 59-29b69 and amendments thereto concerningthe filing of written reports for each period of treatment duringthe time any outpatient treatment order is in effect and thecourt shall receive and process such reports in the same manneras reports received from an inpatient treatment facility.
