Article 29b.--CARE AND TREATMENT FOR PERSONS WITH AN ALCOHOL OR SUBSTANCE ABUSE PROBLEM
59-29b69.Hearing to review status of patient;procedure.(a) At least 14 days prior to the end of each period oftreatment, as set out in the court order for such treatment, thehead of the treatment facility furnishing treatment to thepatient shall cause to be filed with the court a written reportsummarizing the treatment provided and the findings andrecommendations of the treatment facility concerning the need forfurther treatment for the patient. Upon the filing of thiswritten report, the court shall notify the patient's attorney ofrecord that this written report has been filed. If there is noattorney of record for the patient, the court shall appoint anattorney and notify such attorney that the written report hasbeen filed.
(b) When the attorney for the patient has received noticethat the treatment facility has filed with the district court itswritten report, the attorney shall consult with the patient todetermine whether the patient desires a hearing. If the patientdesires a hearing, the attorney shall file a written request fora hearing with the district court, which request shall be filednot later than the last day ending any period of treatment asspecified in the court's order for treatment issued pursuant toK.S.A. 59-29b66 or 59-29b67, and amendments thereto, or the court'slastentered order for continued treatment issued pursuant tosubsection (f). If the patient does not desire a hearing, thepatient's attorney shall file with the court a written statementthat the attorney has consulted with the patient; the manner inwhich the attorney has consulted with the patient; that theattorney has fully explained to the patient the patient's rightto a hearing as set out in this section and that if the patientdoes not request such a hearing that further treatment willlikely be ordered, but that having been so advised the patientdoes not desire a hearing. Thereupon, the court may renew itsorder for treatment and may specify the next period of treatmentas provided for in subsection (f). A copy of the court's ordershall be given to the patient, the attorney for the patient, thepatient's legal guardian, the petitioner or the county ordistrict attorney, as appropriate, and to the head of thetreatment facility treating the patient as the court shallspecify.
(c) Upon receiving a written request for a hearing, thedistrict court shall set the matter for hearing and notice ofsuch hearing shall be given similarly as provided for inK.S.A. 59-29b63 and amendments thereto. Notice shall also be given promptlyto the head of the treatment facility treating the patient. Thehearing shall be held as soon as reasonably practical, but in noevent more than 10 days following the filing of the writtenrequest for a hearing. The patient shall remain in treatmentduring the pendency of any such hearing, unless discharged by thehead of the treatment facility pursuant toK.S.A. 59-29b73 andamendmentsthereto.
(d) The district court having jurisdiction of any casemay, on its own motion or upon written request of any interested party,including the head ofthe treatment facility where a patient is being treated, hold ahearing to review the patient's status earlier than at the timesset out in subsection (b), if the court determines that amaterial change of circumstances has occurred necessitating an earlierhearing, however, the patient shall notbe entitled to have more than one hearing within each period oftreatment as specified in any order for treatment, order foroutpatient treatment or order for continued treatment.
(e) The hearing shall be conducted in the same manner ashearings provided for inK.S.A. 59-29b65 and amendments thereto, except that the hearingshallbe to the court and the patient shall not have the right to demand a jury. Atthehearing it shall be the petitioner's or county or districtattorney's or treatment facility's burden to show that thepatient remains a person with an alcohol or substance abuseproblem subject to involuntary commitment for care and treatmentunder this act.
(f) Upon completion of the hearing, if the court finds byclear and convincing evidence that the patient continues to be aperson with an alcohol or substance abuse problem subject toinvoluntary commitment for care and treatment under this act, thecourt shall order continued treatment for a specified period oftime not to exceed three months for any initial order for continuedtreatment, nor more than six months in any subsequent order forcontinued treatment, at an inpatient treatment facility asprovided for inK.S.A. 59-29b66 and amendments thereto, or at anoutpatient treatment facility if the court determines thatoutpatient treatment is appropriate underK.S.A. 59-29b67 andamendments thereto, and a copy of the court's order shall beprovided to the head of the treatment facility. If the courtfinds that it has not been shown by clear and convincing evidencethat the patient continues to be a person with an alcohol orsubstance abuse problem subject to involuntary commitment forcare and treatment under this act, it shall release the patient.A copy of the court's order of release shall be provided to thepatient, the patient's attorney, the patient's legal guardian orother person known to be interested in the care and welfare of aminor patient, and to the head of the treatment facility at whichthe patient had been receiving treatment.
Article 29b.--CARE AND TREATMENT FOR PERSONS WITH AN ALCOHOL OR SUBSTANCE ABUSE PROBLEM
59-29b69.Hearing to review status of patient;procedure.(a) At least 14 days prior to the end of each period oftreatment, as set out in the court order for such treatment, thehead of the treatment facility furnishing treatment to thepatient shall cause to be filed with the court a written reportsummarizing the treatment provided and the findings andrecommendations of the treatment facility concerning the need forfurther treatment for the patient. Upon the filing of thiswritten report, the court shall notify the patient's attorney ofrecord that this written report has been filed. If there is noattorney of record for the patient, the court shall appoint anattorney and notify such attorney that the written report hasbeen filed.
(b) When the attorney for the patient has received noticethat the treatment facility has filed with the district court itswritten report, the attorney shall consult with the patient todetermine whether the patient desires a hearing. If the patientdesires a hearing, the attorney shall file a written request fora hearing with the district court, which request shall be filednot later than the last day ending any period of treatment asspecified in the court's order for treatment issued pursuant toK.S.A. 59-29b66 or 59-29b67, and amendments thereto, or the court'slastentered order for continued treatment issued pursuant tosubsection (f). If the patient does not desire a hearing, thepatient's attorney shall file with the court a written statementthat the attorney has consulted with the patient; the manner inwhich the attorney has consulted with the patient; that theattorney has fully explained to the patient the patient's rightto a hearing as set out in this section and that if the patientdoes not request such a hearing that further treatment willlikely be ordered, but that having been so advised the patientdoes not desire a hearing. Thereupon, the court may renew itsorder for treatment and may specify the next period of treatmentas provided for in subsection (f). A copy of the court's ordershall be given to the patient, the attorney for the patient, thepatient's legal guardian, the petitioner or the county ordistrict attorney, as appropriate, and to the head of thetreatment facility treating the patient as the court shallspecify.
(c) Upon receiving a written request for a hearing, thedistrict court shall set the matter for hearing and notice ofsuch hearing shall be given similarly as provided for inK.S.A. 59-29b63 and amendments thereto. Notice shall also be given promptlyto the head of the treatment facility treating the patient. Thehearing shall be held as soon as reasonably practical, but in noevent more than 10 days following the filing of the writtenrequest for a hearing. The patient shall remain in treatmentduring the pendency of any such hearing, unless discharged by thehead of the treatment facility pursuant toK.S.A. 59-29b73 andamendmentsthereto.
(d) The district court having jurisdiction of any casemay, on its own motion or upon written request of any interested party,including the head ofthe treatment facility where a patient is being treated, hold ahearing to review the patient's status earlier than at the timesset out in subsection (b), if the court determines that amaterial change of circumstances has occurred necessitating an earlierhearing, however, the patient shall notbe entitled to have more than one hearing within each period oftreatment as specified in any order for treatment, order foroutpatient treatment or order for continued treatment.
(e) The hearing shall be conducted in the same manner ashearings provided for inK.S.A. 59-29b65 and amendments thereto, except that the hearingshallbe to the court and the patient shall not have the right to demand a jury. Atthehearing it shall be the petitioner's or county or districtattorney's or treatment facility's burden to show that thepatient remains a person with an alcohol or substance abuseproblem subject to involuntary commitment for care and treatmentunder this act.
(f) Upon completion of the hearing, if the court finds byclear and convincing evidence that the patient continues to be aperson with an alcohol or substance abuse problem subject toinvoluntary commitment for care and treatment under this act, thecourt shall order continued treatment for a specified period oftime not to exceed three months for any initial order for continuedtreatment, nor more than six months in any subsequent order forcontinued treatment, at an inpatient treatment facility asprovided for inK.S.A. 59-29b66 and amendments thereto, or at anoutpatient treatment facility if the court determines thatoutpatient treatment is appropriate underK.S.A. 59-29b67 andamendments thereto, and a copy of the court's order shall beprovided to the head of the treatment facility. If the courtfinds that it has not been shown by clear and convincing evidencethat the patient continues to be a person with an alcohol orsubstance abuse problem subject to involuntary commitment forcare and treatment under this act, it shall release the patient.A copy of the court's order of release shall be provided to thepatient, the patient's attorney, the patient's legal guardian orother person known to be interested in the care and welfare of aminor patient, and to the head of the treatment facility at whichthe patient had been receiving treatment.
Article 29b.--CARE AND TREATMENT FOR PERSONS WITH AN ALCOHOL OR SUBSTANCE ABUSE PROBLEM
59-29b69.Hearing to review status of patient;procedure.(a) At least 14 days prior to the end of each period oftreatment, as set out in the court order for such treatment, thehead of the treatment facility furnishing treatment to thepatient shall cause to be filed with the court a written reportsummarizing the treatment provided and the findings andrecommendations of the treatment facility concerning the need forfurther treatment for the patient. Upon the filing of thiswritten report, the court shall notify the patient's attorney ofrecord that this written report has been filed. If there is noattorney of record for the patient, the court shall appoint anattorney and notify such attorney that the written report hasbeen filed.
(b) When the attorney for the patient has received noticethat the treatment facility has filed with the district court itswritten report, the attorney shall consult with the patient todetermine whether the patient desires a hearing. If the patientdesires a hearing, the attorney shall file a written request fora hearing with the district court, which request shall be filednot later than the last day ending any period of treatment asspecified in the court's order for treatment issued pursuant toK.S.A. 59-29b66 or 59-29b67, and amendments thereto, or the court'slastentered order for continued treatment issued pursuant tosubsection (f). If the patient does not desire a hearing, thepatient's attorney shall file with the court a written statementthat the attorney has consulted with the patient; the manner inwhich the attorney has consulted with the patient; that theattorney has fully explained to the patient the patient's rightto a hearing as set out in this section and that if the patientdoes not request such a hearing that further treatment willlikely be ordered, but that having been so advised the patientdoes not desire a hearing. Thereupon, the court may renew itsorder for treatment and may specify the next period of treatmentas provided for in subsection (f). A copy of the court's ordershall be given to the patient, the attorney for the patient, thepatient's legal guardian, the petitioner or the county ordistrict attorney, as appropriate, and to the head of thetreatment facility treating the patient as the court shallspecify.
(c) Upon receiving a written request for a hearing, thedistrict court shall set the matter for hearing and notice ofsuch hearing shall be given similarly as provided for inK.S.A. 59-29b63 and amendments thereto. Notice shall also be given promptlyto the head of the treatment facility treating the patient. Thehearing shall be held as soon as reasonably practical, but in noevent more than 10 days following the filing of the writtenrequest for a hearing. The patient shall remain in treatmentduring the pendency of any such hearing, unless discharged by thehead of the treatment facility pursuant toK.S.A. 59-29b73 andamendmentsthereto.
(d) The district court having jurisdiction of any casemay, on its own motion or upon written request of any interested party,including the head ofthe treatment facility where a patient is being treated, hold ahearing to review the patient's status earlier than at the timesset out in subsection (b), if the court determines that amaterial change of circumstances has occurred necessitating an earlierhearing, however, the patient shall notbe entitled to have more than one hearing within each period oftreatment as specified in any order for treatment, order foroutpatient treatment or order for continued treatment.
(e) The hearing shall be conducted in the same manner ashearings provided for inK.S.A. 59-29b65 and amendments thereto, except that the hearingshallbe to the court and the patient shall not have the right to demand a jury. Atthehearing it shall be the petitioner's or county or districtattorney's or treatment facility's burden to show that thepatient remains a person with an alcohol or substance abuseproblem subject to involuntary commitment for care and treatmentunder this act.
(f) Upon completion of the hearing, if the court finds byclear and convincing evidence that the patient continues to be aperson with an alcohol or substance abuse problem subject toinvoluntary commitment for care and treatment under this act, thecourt shall order continued treatment for a specified period oftime not to exceed three months for any initial order for continuedtreatment, nor more than six months in any subsequent order forcontinued treatment, at an inpatient treatment facility asprovided for inK.S.A. 59-29b66 and amendments thereto, or at anoutpatient treatment facility if the court determines thatoutpatient treatment is appropriate underK.S.A. 59-29b67 andamendments thereto, and a copy of the court's order shall beprovided to the head of the treatment facility. If the courtfinds that it has not been shown by clear and convincing evidencethat the patient continues to be a person with an alcohol orsubstance abuse problem subject to involuntary commitment forcare and treatment under this act, it shall release the patient.A copy of the court's order of release shall be provided to thepatient, the patient's attorney, the patient's legal guardian orother person known to be interested in the care and welfare of aminor patient, and to the head of the treatment facility at whichthe patient had been receiving treatment.
