State Codes and Statutes
Statutes > Kansas > Chapter59 > Article29b > Statutes_2373659-29b81
59-29b81. Costs; payment by residence county,when.In each proceeding the court shall allow and order paid to anyindividual or treatment facility as part of the costs thereof areasonable fee and expenses for any professional services orderedperformed by the court pursuant to this act, and including thefee of counsel for the patient when counsel is appointed by thecourt and the costs of the county or district attorney incurredin cases involving change of venue. Other costs and fees shallbe allowed and paid as are allowed by law for similar services inother cases. The costs shall be taxed to the estate of thepatient, to those bound by law to support such patient or to thecounty of the residence of the patient as the court havingjurisdiction shall direct, except that if a proposed patient isfound not to be a person with an alcohol or substance abuseproblem subject to involuntary commitment under this act, thecosts shall not be assessed against such patient's estate but mayat the discretion of the court be assessed against the petitioneror may be paid from the general fund of the county of theresidence of the proposed patient. Any district court receivinga statement of costs from another district court shall forthwithapprove the same for payment out of the general fund of itscounty except that it may refuse to approve the same for paymentonly on the ground that the patient is not a resident of thatcounty. In such case it shall transmit the statement of costs tothe secretary of social and rehabilitation services who shalldetermine the question of residence and certify the secretary'sfindings to each district court. Whenever a district court hassent a statement of costs to the district court of another countyand such costs have not been paid within 90 days after thestatement was sent, the district court that sent the statementmay transmit such statement of costs to the secretary fordetermination and certification as provided in this section. If the claimfor costs is not paid within 30 days after such certification, anaction may be maintained thereon by the claimant county in thedistrict court of the claimant county against the debtor county.The findings made by the secretary of social and rehabilitationservices as to the residence of the patient shall be applicableonly to the assessment of costs. Any county of residence whichpays from its general fund court costs to the district court ofanother county may recover the same in any court of competentjurisdiction from the estate of the patient or from those boundby law to support such patient, unless the court shall find thatthe proceedings in which such costs were incurred were institutedwithout probable cause and not in good faith.
History: L. 1998, ch. 134, § 35; July 1.
