59-3077.Authority of guardian to admit ward totreatment facility; petition; contents; notice; hearing; procedure.(a) At any time afterthe filing of the petition provided for inK.S.A. 59-3058, 59-3059,59-3060 or 59-3061, andamendments thereto, any person may file in addition to that original petition,or as a part thereof, orat any time after the appointment of a temporary guardian as provided for inK.S.A. 59-3073, andamendments thereto, or a guardian as provided for inK.S.A. 59-3067,andamendments thereto, thetemporary guardian or guardian may file, a verified petition requesting thatthe court grant authorityto the temporary guardian or guardian to admit the proposed ward or ward to atreatment facility, as defined in subsection (h), andto consent to the care and treatment of the proposed ward or ward therein. Thepetition shall include:
(1) The petitioner's name and address, and if the petitioner is the proposedward's or ward'scourt appointed temporary guardian or guardian, that fact;
(2) the proposed ward's or ward's name, age, date of birth, address ofpermanent residence,and present address or whereabouts, if different from the proposed ward's orward's permanentresidence;
(3) the name and address of the proposed ward's or ward's court appointedtemporary guardian or guardian, if different from the petitioner;
(4) the factual basis upon which the petitioner alleges the need for theproposed ward or wardto be admitted to and treated at a treatment facility, or for the proposed wardor ward to continue tobe treated at the treatment facility to which the proposed ward or ward hasalreadybeen admitted, or forthe guardian to have continuing authority to admit the ward for care andtreatment at a treatmentfacility pursuant to subsection (b)(3) ofK.S.A. 59-2949, orsubsection (b)(3) ofK.S.A. 59-29b49, andamendments thereto;
(5) the names and addresses of witnesses by whom the truth of this petitionmay be proved;and
(6) a request that the court find that the proposed ward or ward is in needof being admittedto and treated at a treatment facility, and that the court grant to thetemporaryguardian or guardian theauthority to admit the proposed ward or ward to a treatment facility and toconsent to the care andtreatment of the proposed ward or ward therein.
(b) The petition may be accompanied by a report of an examination andevaluation of theproposed ward or ward conducted by an appropriately qualified professional,which shows that thecriteria set out in K.S.A. 39-1803, subsection (e) ofK.S.A. 59-2946, subsection (f) ofK.S.A. 59-29b46or K.S.A. 76-12b03, andamendments thereto, are met.
(c) Upon the filing of such a petition, the court shall issue the following:
(1) An order fixing the date, time and place of a hearing on the petition.Such hearing, in thecourt's discretion, may be conducted in a courtroom, a treatment facility or atsome other suitableplace. The time fixed in the order shall in no event be earlier than sevendays or later than 21 daysafter the date of the filing of the petition. The court may consolidate thishearing with the trial upon the original petition filed pursuant toK.S.A. 59-3058, 59-3059, 59-3060 or 59-3061, andamendments thereto, or with the trial provided for in the care and treatmentact for mentally illpersons or the care and treatment act for persons with an alcohol or substanceabuse problem,if the petition also incorporates the allegations required by, and is filed incompliance with, theprovisions of either of those acts.
(2) An order requiring that the proposed ward or ward appear at the time andplace of thehearing on the petition unless the court makes a finding prior to the hearingthat the presence of theproposed ward or ward will be injurious to the person's health or welfare, orthat the proposedward's or ward's impairment is such that the person could not meaningfullyparticipate in theproceedings, or that the proposed ward or ward has filed with the court awritten waiver of such ward'sright to appear in person. In any such case, the court shall enter in therecord of the proceedings thefacts upon which the court has found that the presence of the proposed ward orward at the hearingshould be excused. Notwithstanding the foregoing provisions of thissubsection, if the proposed ward or ward files with the court at least one dayprior to the date of the hearing a written noticestating the person's desire to be present at the hearing, the court shall orderthat the person must bepresent at the hearing.
(3) An order appointing an attorney to represent the proposed ward or ward.The court shallgive preference, in the appointment of this attorney, to any attorney who hasrepresented the proposed ward or ward in other matters, if the court hasknowledge of that prior representation. Theproposed ward, or the ward with the consent of the ward's conservator, if onehas been appointed,shall have the right to engage an attorney of the proposed ward's or ward'schoice and, in such case,the attorney appointed by the court shall be relieved of all duties by thecourt. Any appointment made by the court shall terminate upon a finaldetermination of the petition and any appealtherefrom, unless the court continues the appointment by further order.
(4) An order fixing the date, time and a place that is in the best interestof the proposed wardor ward, at which the proposed ward or ward shall have the opportunity toconsult with such ward'sattorney. This consultation shall be scheduled to occur prior to the time atwhich the examinationand evaluation ordered pursuant to subsection (d)(1), if ordered, is scheduledto occur.
(5) A notice similar to that provided for inK.S.A. 59-3066, andamendmentsthereto.
(d) Upon the filing of such a petition, the court may issue the following:
(1) An order for a psychological or other examination and evaluation of theproposed wardor ward, as may be specified by the court. The court may order the proposedward or ward to submitto such an examination and evaluation to be conducted through a generalhospital, psychiatrichospital, community mental health center, community developmental disabilityorganization, or bya private physician, psychiatrist, psychologist or other person appointed bythe court who is qualifiedto examine and evaluate the proposed ward or ward. The costs of thisexamination and evaluationshall be assessed as provided for inK.S.A. 59-3094, and amendmentsthereto.
(2) If the petition is accompanied by a report of an examination andevaluation of theproposed ward or ward as provided for in subsection (b), an order grantingtemporary authority tothe temporary guardian or guardian to admit the proposed ward or ward to atreatment facility and to consent to the care and treatment of the proposedward or ward therein. Any such order shall expire immediately after the hearingupon the petition, or as the court may otherwise specify, or upon the dischargeof the proposed ward or ward by the head of the treatment facility, if theproposed ward or ward is discharged prior to the time at which the order wouldotherwise expire.
(3) For good cause shown, an order of continuance of the hearing.
(4) For good cause shown, an order of advancement of the hearing.
(5) For good cause shown, an order changing the place of the hearing.
(e) The hearing on the petition shall be held at the time and place specifiedin the court'sorder issued pursuant to subsection (c), unless an order of advancement,continuance, or a changeof place of the hearing has been issued pursuant to subsection (d). Thepetitioner and the proposedward or ward shall each be afforded an opportunity to appear at the hearing, totestify and to presentand cross-examine witnesses. If the hearing has been consolidated with a trialbeing held pursuantto either the care and treatment act for mentally ill persons or the care andtreatment act forpersons with an alcohol or substance abuse problem, persons not necessary forthe conduct of theproceedings may be excluded as provided for in those acts. The hearing shall beconducted in asinformal a manner as may be consistent with orderly procedure. The court shallhave the authorityto receive all relevant and material evidence which may be offered, includingthe testimony orwritten report, findings or recommendations of any professional or other personwho has examinedor evaluated the proposed ward or ward pursuant to any order issued by thecourt pursuant tosubsection (d). Such evidence shall not be privileged for the purpose of thishearing.
(f) Upon completion of the hearing, if the court finds by clear andconvincing evidence thatthe criteria set out in K.S.A. 39-1803, subsection (e) ofK.S.A. 59-2946, subsection (f) ofK.S.A. 59-29b46 or K.S.A. 76-12b03,and amendments thereto, are met, and after a careful consideration ofreasonable alternatives toadmission of the proposed ward or ward to a treatment facility, the court mayenter an order grantingsuch authority to the temporary guardian or guardian as is appropriate,including continuing authorityto the guardian to readmit the ward to an appropriate treatment facility asmay later become necessary. Any such grant of continuing authority shallexpire two years after the date of finaldischarge of the ward from such a treatment facility if the ward has not had tobe readmitted to atreatment facility during that two-year period of time. Thereafter, any suchgrant of continuingauthority may be renewed only after the filing of another petition seekingauthority in compliancewith the provision of this section.
(g) Nothing herein shall be construed so as to prohibit the head of atreatment facility fromadmitting a proposed ward or ward to that facility as a voluntary patient ifthe head of the treatmentfacility is satisfied that the proposed ward or ward at that time has thecapacity to understand such ward'sillness and need for treatment, and to consent to such ward's admission andtreatment. Upon anysuch admission, the head of the treatment facility shall give notice to thetemporary guardian orguardian as soon as possible of the ward's admission, and shall provide to thetemporary guardianor guardian copies of any consents the proposed ward or ward has given.Thereafter, the temporaryguardian or guardian shall timely either seek to obtain proper authoritypursuant to this section toadmit the proposed ward or ward to a treatment facility and to consent tofurther care and treatment,or shall otherwise assume responsibility for the care of the proposed ward orward, consistent withthe authority of the temporary guardian or guardian, and may arrange for thedischarge from thefacility of the proposed ward or ward, unless the head of the treatmentfacility shall file a petitionrequesting the involuntary commitment of the proposed ward or ward to that orsome other facility.
(h) As used herein, "treatment facility" means the Kansas neurologicalinstitute, Larnedstate hospital, Osawatomie state hospital, Parsons state hospital and trainingcenter, the rainbowmental health facility, any intermediate care facility for the mentallyretarded, any psychiatrichospital licensed pursuant to K.S.A. 75-3307b, and amendments thereto, and anyother facility for mentally ill persons or mentally retarded or developmentallydisabled persons licensed pursuant toK.S.A. 75-3307b, and amendments thereto, if the proposed ward or ward is to beadmitted as aninpatient or resident of that facility.
59-3077.Authority of guardian to admit ward totreatment facility; petition; contents; notice; hearing; procedure.(a) At any time afterthe filing of the petition provided for inK.S.A. 59-3058, 59-3059,59-3060 or 59-3061, andamendments thereto, any person may file in addition to that original petition,or as a part thereof, orat any time after the appointment of a temporary guardian as provided for inK.S.A. 59-3073, andamendments thereto, or a guardian as provided for inK.S.A. 59-3067,andamendments thereto, thetemporary guardian or guardian may file, a verified petition requesting thatthe court grant authorityto the temporary guardian or guardian to admit the proposed ward or ward to atreatment facility, as defined in subsection (h), andto consent to the care and treatment of the proposed ward or ward therein. Thepetition shall include:
(1) The petitioner's name and address, and if the petitioner is the proposedward's or ward'scourt appointed temporary guardian or guardian, that fact;
(2) the proposed ward's or ward's name, age, date of birth, address ofpermanent residence,and present address or whereabouts, if different from the proposed ward's orward's permanentresidence;
(3) the name and address of the proposed ward's or ward's court appointedtemporary guardian or guardian, if different from the petitioner;
(4) the factual basis upon which the petitioner alleges the need for theproposed ward or wardto be admitted to and treated at a treatment facility, or for the proposed wardor ward to continue tobe treated at the treatment facility to which the proposed ward or ward hasalreadybeen admitted, or forthe guardian to have continuing authority to admit the ward for care andtreatment at a treatmentfacility pursuant to subsection (b)(3) ofK.S.A. 59-2949, orsubsection (b)(3) ofK.S.A. 59-29b49, andamendments thereto;
(5) the names and addresses of witnesses by whom the truth of this petitionmay be proved;and
(6) a request that the court find that the proposed ward or ward is in needof being admittedto and treated at a treatment facility, and that the court grant to thetemporaryguardian or guardian theauthority to admit the proposed ward or ward to a treatment facility and toconsent to the care andtreatment of the proposed ward or ward therein.
(b) The petition may be accompanied by a report of an examination andevaluation of theproposed ward or ward conducted by an appropriately qualified professional,which shows that thecriteria set out in K.S.A. 39-1803, subsection (e) ofK.S.A. 59-2946, subsection (f) ofK.S.A. 59-29b46or K.S.A. 76-12b03, andamendments thereto, are met.
(c) Upon the filing of such a petition, the court shall issue the following:
(1) An order fixing the date, time and place of a hearing on the petition.Such hearing, in thecourt's discretion, may be conducted in a courtroom, a treatment facility or atsome other suitableplace. The time fixed in the order shall in no event be earlier than sevendays or later than 21 daysafter the date of the filing of the petition. The court may consolidate thishearing with the trial upon the original petition filed pursuant toK.S.A. 59-3058, 59-3059, 59-3060 or 59-3061, andamendments thereto, or with the trial provided for in the care and treatmentact for mentally illpersons or the care and treatment act for persons with an alcohol or substanceabuse problem,if the petition also incorporates the allegations required by, and is filed incompliance with, theprovisions of either of those acts.
(2) An order requiring that the proposed ward or ward appear at the time andplace of thehearing on the petition unless the court makes a finding prior to the hearingthat the presence of theproposed ward or ward will be injurious to the person's health or welfare, orthat the proposedward's or ward's impairment is such that the person could not meaningfullyparticipate in theproceedings, or that the proposed ward or ward has filed with the court awritten waiver of such ward'sright to appear in person. In any such case, the court shall enter in therecord of the proceedings thefacts upon which the court has found that the presence of the proposed ward orward at the hearingshould be excused. Notwithstanding the foregoing provisions of thissubsection, if the proposed ward or ward files with the court at least one dayprior to the date of the hearing a written noticestating the person's desire to be present at the hearing, the court shall orderthat the person must bepresent at the hearing.
(3) An order appointing an attorney to represent the proposed ward or ward.The court shallgive preference, in the appointment of this attorney, to any attorney who hasrepresented the proposed ward or ward in other matters, if the court hasknowledge of that prior representation. Theproposed ward, or the ward with the consent of the ward's conservator, if onehas been appointed,shall have the right to engage an attorney of the proposed ward's or ward'schoice and, in such case,the attorney appointed by the court shall be relieved of all duties by thecourt. Any appointment made by the court shall terminate upon a finaldetermination of the petition and any appealtherefrom, unless the court continues the appointment by further order.
(4) An order fixing the date, time and a place that is in the best interestof the proposed wardor ward, at which the proposed ward or ward shall have the opportunity toconsult with such ward'sattorney. This consultation shall be scheduled to occur prior to the time atwhich the examinationand evaluation ordered pursuant to subsection (d)(1), if ordered, is scheduledto occur.
(5) A notice similar to that provided for inK.S.A. 59-3066, andamendmentsthereto.
(d) Upon the filing of such a petition, the court may issue the following:
(1) An order for a psychological or other examination and evaluation of theproposed wardor ward, as may be specified by the court. The court may order the proposedward or ward to submitto such an examination and evaluation to be conducted through a generalhospital, psychiatrichospital, community mental health center, community developmental disabilityorganization, or bya private physician, psychiatrist, psychologist or other person appointed bythe court who is qualifiedto examine and evaluate the proposed ward or ward. The costs of thisexamination and evaluationshall be assessed as provided for inK.S.A. 59-3094, and amendmentsthereto.
(2) If the petition is accompanied by a report of an examination andevaluation of theproposed ward or ward as provided for in subsection (b), an order grantingtemporary authority tothe temporary guardian or guardian to admit the proposed ward or ward to atreatment facility and to consent to the care and treatment of the proposedward or ward therein. Any such order shall expire immediately after the hearingupon the petition, or as the court may otherwise specify, or upon the dischargeof the proposed ward or ward by the head of the treatment facility, if theproposed ward or ward is discharged prior to the time at which the order wouldotherwise expire.
(3) For good cause shown, an order of continuance of the hearing.
(4) For good cause shown, an order of advancement of the hearing.
(5) For good cause shown, an order changing the place of the hearing.
(e) The hearing on the petition shall be held at the time and place specifiedin the court'sorder issued pursuant to subsection (c), unless an order of advancement,continuance, or a changeof place of the hearing has been issued pursuant to subsection (d). Thepetitioner and the proposedward or ward shall each be afforded an opportunity to appear at the hearing, totestify and to presentand cross-examine witnesses. If the hearing has been consolidated with a trialbeing held pursuantto either the care and treatment act for mentally ill persons or the care andtreatment act forpersons with an alcohol or substance abuse problem, persons not necessary forthe conduct of theproceedings may be excluded as provided for in those acts. The hearing shall beconducted in asinformal a manner as may be consistent with orderly procedure. The court shallhave the authorityto receive all relevant and material evidence which may be offered, includingthe testimony orwritten report, findings or recommendations of any professional or other personwho has examinedor evaluated the proposed ward or ward pursuant to any order issued by thecourt pursuant tosubsection (d). Such evidence shall not be privileged for the purpose of thishearing.
(f) Upon completion of the hearing, if the court finds by clear andconvincing evidence thatthe criteria set out in K.S.A. 39-1803, subsection (e) ofK.S.A. 59-2946, subsection (f) ofK.S.A. 59-29b46 or K.S.A. 76-12b03,and amendments thereto, are met, and after a careful consideration ofreasonable alternatives toadmission of the proposed ward or ward to a treatment facility, the court mayenter an order grantingsuch authority to the temporary guardian or guardian as is appropriate,including continuing authorityto the guardian to readmit the ward to an appropriate treatment facility asmay later become necessary. Any such grant of continuing authority shallexpire two years after the date of finaldischarge of the ward from such a treatment facility if the ward has not had tobe readmitted to atreatment facility during that two-year period of time. Thereafter, any suchgrant of continuingauthority may be renewed only after the filing of another petition seekingauthority in compliancewith the provision of this section.
(g) Nothing herein shall be construed so as to prohibit the head of atreatment facility fromadmitting a proposed ward or ward to that facility as a voluntary patient ifthe head of the treatmentfacility is satisfied that the proposed ward or ward at that time has thecapacity to understand such ward'sillness and need for treatment, and to consent to such ward's admission andtreatment. Upon anysuch admission, the head of the treatment facility shall give notice to thetemporary guardian orguardian as soon as possible of the ward's admission, and shall provide to thetemporary guardianor guardian copies of any consents the proposed ward or ward has given.Thereafter, the temporaryguardian or guardian shall timely either seek to obtain proper authoritypursuant to this section toadmit the proposed ward or ward to a treatment facility and to consent tofurther care and treatment,or shall otherwise assume responsibility for the care of the proposed ward orward, consistent withthe authority of the temporary guardian or guardian, and may arrange for thedischarge from thefacility of the proposed ward or ward, unless the head of the treatmentfacility shall file a petitionrequesting the involuntary commitment of the proposed ward or ward to that orsome other facility.
(h) As used herein, "treatment facility" means the Kansas neurologicalinstitute, Larnedstate hospital, Osawatomie state hospital, Parsons state hospital and trainingcenter, the rainbowmental health facility, any intermediate care facility for the mentallyretarded, any psychiatrichospital licensed pursuant to K.S.A. 75-3307b, and amendments thereto, and anyother facility for mentally ill persons or mentally retarded or developmentallydisabled persons licensed pursuant toK.S.A. 75-3307b, and amendments thereto, if the proposed ward or ward is to beadmitted as aninpatient or resident of that facility.
59-3077.Authority of guardian to admit ward totreatment facility; petition; contents; notice; hearing; procedure.(a) At any time afterthe filing of the petition provided for inK.S.A. 59-3058, 59-3059,59-3060 or 59-3061, andamendments thereto, any person may file in addition to that original petition,or as a part thereof, orat any time after the appointment of a temporary guardian as provided for inK.S.A. 59-3073, andamendments thereto, or a guardian as provided for inK.S.A. 59-3067,andamendments thereto, thetemporary guardian or guardian may file, a verified petition requesting thatthe court grant authorityto the temporary guardian or guardian to admit the proposed ward or ward to atreatment facility, as defined in subsection (h), andto consent to the care and treatment of the proposed ward or ward therein. Thepetition shall include:
(1) The petitioner's name and address, and if the petitioner is the proposedward's or ward'scourt appointed temporary guardian or guardian, that fact;
(2) the proposed ward's or ward's name, age, date of birth, address ofpermanent residence,and present address or whereabouts, if different from the proposed ward's orward's permanentresidence;
(3) the name and address of the proposed ward's or ward's court appointedtemporary guardian or guardian, if different from the petitioner;
(4) the factual basis upon which the petitioner alleges the need for theproposed ward or wardto be admitted to and treated at a treatment facility, or for the proposed wardor ward to continue tobe treated at the treatment facility to which the proposed ward or ward hasalreadybeen admitted, or forthe guardian to have continuing authority to admit the ward for care andtreatment at a treatmentfacility pursuant to subsection (b)(3) ofK.S.A. 59-2949, orsubsection (b)(3) ofK.S.A. 59-29b49, andamendments thereto;
(5) the names and addresses of witnesses by whom the truth of this petitionmay be proved;and
(6) a request that the court find that the proposed ward or ward is in needof being admittedto and treated at a treatment facility, and that the court grant to thetemporaryguardian or guardian theauthority to admit the proposed ward or ward to a treatment facility and toconsent to the care andtreatment of the proposed ward or ward therein.
(b) The petition may be accompanied by a report of an examination andevaluation of theproposed ward or ward conducted by an appropriately qualified professional,which shows that thecriteria set out in K.S.A. 39-1803, subsection (e) ofK.S.A. 59-2946, subsection (f) ofK.S.A. 59-29b46or K.S.A. 76-12b03, andamendments thereto, are met.
(c) Upon the filing of such a petition, the court shall issue the following:
(1) An order fixing the date, time and place of a hearing on the petition.Such hearing, in thecourt's discretion, may be conducted in a courtroom, a treatment facility or atsome other suitableplace. The time fixed in the order shall in no event be earlier than sevendays or later than 21 daysafter the date of the filing of the petition. The court may consolidate thishearing with the trial upon the original petition filed pursuant toK.S.A. 59-3058, 59-3059, 59-3060 or 59-3061, andamendments thereto, or with the trial provided for in the care and treatmentact for mentally illpersons or the care and treatment act for persons with an alcohol or substanceabuse problem,if the petition also incorporates the allegations required by, and is filed incompliance with, theprovisions of either of those acts.
(2) An order requiring that the proposed ward or ward appear at the time andplace of thehearing on the petition unless the court makes a finding prior to the hearingthat the presence of theproposed ward or ward will be injurious to the person's health or welfare, orthat the proposedward's or ward's impairment is such that the person could not meaningfullyparticipate in theproceedings, or that the proposed ward or ward has filed with the court awritten waiver of such ward'sright to appear in person. In any such case, the court shall enter in therecord of the proceedings thefacts upon which the court has found that the presence of the proposed ward orward at the hearingshould be excused. Notwithstanding the foregoing provisions of thissubsection, if the proposed ward or ward files with the court at least one dayprior to the date of the hearing a written noticestating the person's desire to be present at the hearing, the court shall orderthat the person must bepresent at the hearing.
(3) An order appointing an attorney to represent the proposed ward or ward.The court shallgive preference, in the appointment of this attorney, to any attorney who hasrepresented the proposed ward or ward in other matters, if the court hasknowledge of that prior representation. Theproposed ward, or the ward with the consent of the ward's conservator, if onehas been appointed,shall have the right to engage an attorney of the proposed ward's or ward'schoice and, in such case,the attorney appointed by the court shall be relieved of all duties by thecourt. Any appointment made by the court shall terminate upon a finaldetermination of the petition and any appealtherefrom, unless the court continues the appointment by further order.
(4) An order fixing the date, time and a place that is in the best interestof the proposed wardor ward, at which the proposed ward or ward shall have the opportunity toconsult with such ward'sattorney. This consultation shall be scheduled to occur prior to the time atwhich the examinationand evaluation ordered pursuant to subsection (d)(1), if ordered, is scheduledto occur.
(5) A notice similar to that provided for inK.S.A. 59-3066, andamendmentsthereto.
(d) Upon the filing of such a petition, the court may issue the following:
(1) An order for a psychological or other examination and evaluation of theproposed wardor ward, as may be specified by the court. The court may order the proposedward or ward to submitto such an examination and evaluation to be conducted through a generalhospital, psychiatrichospital, community mental health center, community developmental disabilityorganization, or bya private physician, psychiatrist, psychologist or other person appointed bythe court who is qualifiedto examine and evaluate the proposed ward or ward. The costs of thisexamination and evaluationshall be assessed as provided for inK.S.A. 59-3094, and amendmentsthereto.
(2) If the petition is accompanied by a report of an examination andevaluation of theproposed ward or ward as provided for in subsection (b), an order grantingtemporary authority tothe temporary guardian or guardian to admit the proposed ward or ward to atreatment facility and to consent to the care and treatment of the proposedward or ward therein. Any such order shall expire immediately after the hearingupon the petition, or as the court may otherwise specify, or upon the dischargeof the proposed ward or ward by the head of the treatment facility, if theproposed ward or ward is discharged prior to the time at which the order wouldotherwise expire.
(3) For good cause shown, an order of continuance of the hearing.
(4) For good cause shown, an order of advancement of the hearing.
(5) For good cause shown, an order changing the place of the hearing.
(e) The hearing on the petition shall be held at the time and place specifiedin the court'sorder issued pursuant to subsection (c), unless an order of advancement,continuance, or a changeof place of the hearing has been issued pursuant to subsection (d). Thepetitioner and the proposedward or ward shall each be afforded an opportunity to appear at the hearing, totestify and to presentand cross-examine witnesses. If the hearing has been consolidated with a trialbeing held pursuantto either the care and treatment act for mentally ill persons or the care andtreatment act forpersons with an alcohol or substance abuse problem, persons not necessary forthe conduct of theproceedings may be excluded as provided for in those acts. The hearing shall beconducted in asinformal a manner as may be consistent with orderly procedure. The court shallhave the authorityto receive all relevant and material evidence which may be offered, includingthe testimony orwritten report, findings or recommendations of any professional or other personwho has examinedor evaluated the proposed ward or ward pursuant to any order issued by thecourt pursuant tosubsection (d). Such evidence shall not be privileged for the purpose of thishearing.
(f) Upon completion of the hearing, if the court finds by clear andconvincing evidence thatthe criteria set out in K.S.A. 39-1803, subsection (e) ofK.S.A. 59-2946, subsection (f) ofK.S.A. 59-29b46 or K.S.A. 76-12b03,and amendments thereto, are met, and after a careful consideration ofreasonable alternatives toadmission of the proposed ward or ward to a treatment facility, the court mayenter an order grantingsuch authority to the temporary guardian or guardian as is appropriate,including continuing authorityto the guardian to readmit the ward to an appropriate treatment facility asmay later become necessary. Any such grant of continuing authority shallexpire two years after the date of finaldischarge of the ward from such a treatment facility if the ward has not had tobe readmitted to atreatment facility during that two-year period of time. Thereafter, any suchgrant of continuingauthority may be renewed only after the filing of another petition seekingauthority in compliancewith the provision of this section.
(g) Nothing herein shall be construed so as to prohibit the head of atreatment facility fromadmitting a proposed ward or ward to that facility as a voluntary patient ifthe head of the treatmentfacility is satisfied that the proposed ward or ward at that time has thecapacity to understand such ward'sillness and need for treatment, and to consent to such ward's admission andtreatment. Upon anysuch admission, the head of the treatment facility shall give notice to thetemporary guardian orguardian as soon as possible of the ward's admission, and shall provide to thetemporary guardianor guardian copies of any consents the proposed ward or ward has given.Thereafter, the temporaryguardian or guardian shall timely either seek to obtain proper authoritypursuant to this section toadmit the proposed ward or ward to a treatment facility and to consent tofurther care and treatment,or shall otherwise assume responsibility for the care of the proposed ward orward, consistent withthe authority of the temporary guardian or guardian, and may arrange for thedischarge from thefacility of the proposed ward or ward, unless the head of the treatmentfacility shall file a petitionrequesting the involuntary commitment of the proposed ward or ward to that orsome other facility.
(h) As used herein, "treatment facility" means the Kansas neurologicalinstitute, Larnedstate hospital, Osawatomie state hospital, Parsons state hospital and trainingcenter, the rainbowmental health facility, any intermediate care facility for the mentallyretarded, any psychiatrichospital licensed pursuant to K.S.A. 75-3307b, and amendments thereto, and anyother facility for mentally ill persons or mentally retarded or developmentallydisabled persons licensed pursuant toK.S.A. 75-3307b, and amendments thereto, if the proposed ward or ward is to beadmitted as aninpatient or resident of that facility.
