reglab/statecodes huggingface dataset:
2023 Kansas Statutes › Chapter 59 - Probate Code › Article 26 - Miscellaneous › 59-2604 Application of 1975 act; exceptions.

59-2604.
Application of 1975 act; exceptions.
The rules of procedure prescribed by this act shall govern all probate proceedings commenced after the effective date of this act [*] and also shall govern in all probate proceedings pending on the effective date of this act, except to the extent that in the opinion of the court, the application of said rules of procedure in a particular proceeding would not be feasible or would work an injustice on the parties to such proceeding, in which event the rules of procedure in effect prior to the effective date of this act shall apply. Nothing in this act shall affect any limitations of time applicable to the estate of any decedent who died prior to the effective date of this act.
History:
L. 1975, ch. 299, § 35; January 1, 1976.
* "This act," see also 59-102, 59-403, 59-606, 59-623, 59-706, 59-709, 59-1104, 59-1201, 59-1202, 59-1203, 59-1207, 59-1504, 59-1703, 59-2208, 59-2219, 59-2222, 59-2223, 59-2224, 59-2233, 59-2235, 59-2236, 59-2287, 59-2288, 59-2303, 59-2304, 59-2305, 59-2307, 59-2309, 59-2605, 59-3201 to 59-3206, inclusive.
2023 Kansas Statutes › Chapter 59 - Probate Code › Article 26 - Miscellaneous › 59-2605 1975 act supplemental to and part of probate code.

59-2605.
1975 act supplemental to and part of probate code.
This act [*] shall be supplemental to and a part of the Kansas probate code.
History:
L. 1975, ch. 299, § 36; January 1, 1976.
* "This act," see also 59-102, 59-403, 59-606, 59-623, 59-706, 59-709, 59-1104, 59-1201, 59-1202, 59-1203, 59-1207, 59-1504, 59-1703, 59-2208, 59-2219, 59-2222, 59-2223, 59-2224, 59-2233, 59-2235, 59-2236, 59-2287, 59-2288, 59-2303, 59-2304, 59-2305, 59-2307, 59-2309, 59-2605, 59-3201 to 59-3206, inclusive.
2023 Kansas Statutes › Chapter 59 - Probate Code › Article 27 - Estates Of Absentees › 59-2701 Jurisdiction; absentee defined.

59-2701.
Jurisdiction; absentee defined.
The district courts shall have jurisdiction to administer, in accordance with the provisions of this act, the property within this state of (a) any person who has disappeared and remains unheard from by the persons most likely to hear from him or her, or (b) any person who is reported by the United States department of defense to be a prisoner of war or missing in action. The word "absentee" as used in this act shall refer to such a person.
History:
L. 1963, ch. 301, § 1; L. 1972, ch. 218, § 1; L. 1976, ch. 242, § 65; January 10, 1977.
2023 Kansas Statutes › Chapter 59 - Probate Code › Article 27 - Estates Of Absentees › 59-2702 Appointment of trustee.

59-2702.
Appointment of trustee.
A trustee may be appointed for the estate of any such absentee to administer the same until such time as he or she returns or is found to be dead in accordance with the subsequent provisions hereof. A petition for the appointment of such trustee may be filed by any person. Venue for the proceedings thereon shall be in accordance with the laws applicable to the appointment of conservators for nonresident's proposed conservatees. The petition shall include:
(1) the name, age, and the last known residence of the absentee,
(2) the fact of the absentee's disappearance and all known circumstances pertaining thereto, including the date and place of his or her last known whereabouts,
(3) the names and addresses of his or her known next of kin and spouse, if any,
(4) the names and addresses of any other known persons who are likely to hear from the absentee, and
(5) the general nature and probable value of his or her real and personal property.
Notice of the filing of the petition and of the hearing thereon shall be given in accordance with K.S.A. 59-2209 to 59-2211, inclusive, and copies thereof mailed to said next of kin, spouse if any, and the said other persons likely to hear from the absentee as shown by the petition. Upon the hearing the court shall appoint a trustee if satisfied of the truth of the allegations of the petition and that there is property of the absentee within the state subject to being lost or dissipated unless a trustee is appointed to manage and conserve the same.
History:
L. 1963, ch. 301, § 2; L. 1965, ch. 346, § 51; January 1, 1966.
2023 Kansas Statutes › Chapter 59 - Probate Code › Article 27 - Estates Of Absentees › 59-2703 Powers and duties of trustee.

59-2703.
Powers and duties of trustee.
The provisions of the laws applicable to the oath, bond, inventory, accountings, debts, liabilities, powers, duties and discharge of conservators shall govern in the administration and management of the estates of such absentees and the trustees thereof.
History:
L. 1963, ch. 301, § 3; L. 1965, ch. 346, § 52; January 1, 1966.
2023 Kansas Statutes › Chapter 59 - Probate Code › Article 27 - Estates Of Absentees › 59-2704 Absentee presumed dead; presumption of death involving a catastrophic event or disaster.

59-2704.
Absentee presumed dead; presumption of death involving a catastrophic event or disaster.
(a) An absentee shall be presumed to be dead for the purposes of this act if:
(1) The absentee shall remain unheard from by those persons most likely to hear from such absentee for a period of not less than five years; and
(2) one or more persons who had a bona fide motive for locating the absentee have conducted a diligent search for the absentee in all places where such absentee's presence could reasonably be expected.
(b) If no such search has been made with reference to an absentee who has been unheard from for more than five years and for whose estate a trustee has been appointed in accordance with this act, the district court may on the court's own motion order the trustee to conduct such search under the direction of the court and pay the reasonable expenses thereof out of the estate.
(c) Absentees missing as a result of a catastrophic event or disaster shall be presumed dead under K.S.A. 59-2708, and amendments thereto.
History:
L. 1963, ch. 301, § 4; L. 1976, ch. 242, § 66; L. 1993, ch. 193, § 2; L. 2002, ch. 71, § 1; July 1.
2023 Kansas Statutes › Chapter 59 - Probate Code › Article 27 - Estates Of Absentees › 59-2706 Estates now pending.

59-2706.
Estates now pending.
As to any estates of absentees in the process of administration at the time this act takes effect under article 40 of chapter 60 of the General Statutes of 1949, if no permanent conservator has heretofore been appointed under said act, the administration thereof shall proceed after the effective date of this act in accordance herewith. If a permanent conservator has been appointed prior to the effective date of this act, said administration shall be continued in accordance with said article 40 as it has previously existed until said administration is finally concluded.
History:
L. 1963, ch. 301, § 6; January 1, 1964.
2023 Kansas Statutes › Chapter 59 - Probate Code › Article 27 - Estates Of Absentees › 59-2707 Act supplemental.

59-2707.
Act supplemental.
This act shall be and construed as a part of and supplemental to the Kansas probate code.
History:
L. 1963, ch. 301, § 7; January 1, 1964.
2023 Kansas Statutes › Chapter 59 - Probate Code › Article 28 - Special Personal Representatives › 59-2801 Representative for purpose of receiving and managing certain public assistance payments; petition.

59-2801. Representative for purpose of receiving and managing certain public assistance payments; petition.
If any otherwise qualified applicant for, or recipient of old age assistance, aid to the blind, aid to the permanently and totally disabled or payee in the case of aid to dependent children, is or shall become unable to manage the assistance payments, or otherwise fails so to manage, to the extent that deprivation or hazard to such applicant or recipient or others results, or, in the case of aid to dependent children, the payment is not being used for the children, a petition may be filed by the secretary for children and families wherein the applicant or recipient has residence before the district court of that county in the form of a verified written application for the appointment of a personal representative not an employee of the Kansas department for children and families, for the purpose of receiving and managing public assistance payments for any such recipient or payee, which verified application shall allege one or more of the above grounds for the legal appointment of such representative.
History:
L. 1963, ch. 256, § 1; L. 1976, ch. 242, § 68; L. 2014, ch. 115, § 206; L. 2015, ch. 42, § 17; July 1.
2023 Kansas Statutes › Chapter 59 - Probate Code › Article 28 - Special Personal Representatives › 59-2802 Same; hearing, notice; findings of fact; confidential report.

59-2802.
Same; hearing, notice; findings of fact; confidential report.
The court shall summarily order a hearing on the petition and shall cause the applicant, recipient, or payee to be notified at least five (5) days in advance of the time and place for the hearing. Findings of fact shall be made by the court without a jury. The court may require the county department of social welfare to furnish a report containing any information necessary and this report is and shall remain confidential. Such reports and findings of fact under this section shall not be competent as evidence in any case or proceeding dealing with any subject matter other than provided in this act.
History:
L. 1963, ch. 256, § 2; July 1.
2023 Kansas Statutes › Chapter 59 - Probate Code › Article 28 - Special Personal Representatives › 59-2803 Court order; appointment; effect.

59-2803. Court order; appointment; effect.
If the court shall find that the applicant, recipient, or payee is unable to manage the assistance payments, or otherwise fails so to manage, to the extent that deprivation or hazard to himself or herself or others results, or, in case of aid to dependent children, the payment is not being used for the children, the court may thereupon enter an order embracing said findings and appointing some responsible person not an employee of the secretary for children and families, as personal representative of the applicant, recipient or payee for the purpose set forth herein. The appointment shall not have the effect of adjudication that the applicant, recipient or payee is an incapacitated person.
History:
L. 1963, ch. 256, § 3; L. 1965, ch. 346, § 53; L. 2014, ch. 115, § 207; July 1.
2023 Kansas Statutes › Chapter 59 - Probate Code › Article 28 - Special Personal Representatives › 59-2804 Bond; accountings; removal.

59-2804.
Bond; accountings; removal.
The court, in its discretion at the time of the appointment or subsequently, may require the personal representative to execute and file a bond to assure the faithful performance of the duties required. An accounting by the personal representative shall be made within such period of time as shall be established by rule of the supreme court and either the court or the county department of social welfare may require additional accountings at such intervals as it considers necessary. Failure to render such accounts and to account satisfactorily for all proceeds received shall be sufficient cause for the dismissal of the personal representative, and the personal representative so appointed may be removed by the court upon the petition of such representative and another representative appointed.
History:
L. 1963, ch. 256, § 4; L. 1985, ch. 191, § 54; July 1.
2023 Kansas Statutes › Chapter 59 - Probate Code › Article 28 - Special Personal Representatives › 59-2805 Same; records.

59-2805.
Same; records.
The court may, for the purpose of this act, direct the director of the county department of social welfare to maintain records pertaining to all aspects of any personal representative proceeding, which the court may adopt as the court's record and in lieu of the maintenance of separate records by the court.
History:
L. 1963, ch. 256, § 5; July 1.
2023 Kansas Statutes › Chapter 59 - Probate Code › Article 29 - Care And Treatment For Mentally Ill Persons › 59-2945 Name and citation of act.

59-2945.
Name and citation of act.
The provisions of K.S.A. 59-2945 through 59-2986 and amendments thereto shall be known and may be cited as the care and treatment act for mentally ill persons.
History:
L. 1996, ch. 167, § 1; April 18.
2023 Kansas Statutes › Chapter 59 - Probate Code › Article 29 - Care And Treatment For Mentally Ill Persons › 59-2947 Computation of time.

59-2947.
Computation of time.
(a) In computing the date upon or by which any act must be done or hearing held by under provisions of this article, the day on which an act or event occurred and from which a designated period of time is to be calculated shall not be included, but the last day in a designated period of time shall be included unless that day falls on a Saturday, Sunday or legal holiday, in which case the next day which is not a Saturday, Sunday or legal holiday shall be considered to be the last day.
(b) Unless the court orders otherwise, if the clerk's office is inaccessible on the last day for filing, then the time for filing is extended to the first accessible day that is not a Saturday, Sunday or legal holiday.
(c) "Legal holiday" means any day declared a holiday by the president of the United States, the congress of the United States or the legislature of this state, or any day observed by order of the Kansas supreme court. A half holiday is considered as other days and not as a holiday.
History:
L. 1996, ch. 167, § 3; L. 2010, ch. 135, § 60; July 1.
Revisor's Note:
Section was also amended by L. 2010, ch. 11, § 11, but that version was repealed by L. 2010, ch. 135, § 225.
2023 Kansas Statutes › Chapter 59 - Probate Code › Article 29 - Care And Treatment For Mentally Ill Persons › 59-2948 Civil rights of persons subject to the provisions of this act.

59-2948. Civil rights of persons subject to the provisions of this act.
(a) The fact that a person may have voluntarily accepted any form of psychiatric treatment, or become subject to a court order entered under authority of this act, shall not be construed to mean that such person shall have lost any civil right they otherwise would have as a resident or citizen, any property right or their legal capacity, except as may be specified within any court order or as otherwise limited by the provisions of this act or the reasonable rules and regulations which the head of a treatment facility may for good cause find necessary to make for the orderly operations of that facility. No person held in custody under the provisions of this act shall be denied the right to apply for a writ of habeas corpus.
(b) There shall be no implication or presumption that a patient within the terms of this act is for that reason alone a person in need of a guardian or a conservator as provided for in K.S.A. 59-3050 through 59-3095, and amendments thereto.
(c) A person who is a mentally ill person subject to involuntary commitment for care and treatment as defined in K.S.A. 59-2946, and amendments thereto, or a person with an alcohol or substance abuse problem subject to involuntary commitment for care and treatment as defined in K.S.A. 59-29b46, and amendments thereto, shall be subject to K.S.A. 21-6301, and amendments thereto.
History:
L. 1996, ch. 167, § 4; L. 2002, ch. 114, § 63; L. 2006, ch. 210, § 15; L. 2011, ch. 30, § 209; July 1.
2023 Kansas Statutes › Chapter 59 - Probate Code › Article 29 - Care And Treatment For Mentally Ill Persons › 59-2950 Discharge of a voluntary patient.

59-2950.
Discharge of a voluntary patient.
The head of a treatment facility shall discharge any voluntary patient whose treatment in the facility is determined by the head of the treatment facility to have reached maximum benefit. Prior to the discharge, the head of the treatment facility shall give written notice of the date and time of the discharge to the patient and, if appropriate, to the patient's parent, legal guardian or other person known to the head of the treatment facility to be interested in the care and welfare of a minor patient.
History:
L. 1996, ch. 167, § 6; April 18.
2023 Kansas Statutes › Chapter 59 - Probate Code › Article 29 - Care And Treatment For Mentally Ill Persons › 59-2951 Right to discharge of voluntary patient; procedure.

59-2951.
Right to discharge of voluntary patient; procedure.
(a) A voluntary patient shall be entitled to be discharged from a treatment facility, by the head of the treatment facility, by no later than the third day, excluding Saturdays, Sundays and holidays, after receipt of the patient's written request for discharge. If the voluntary patient is a patient in a state psychiatric hospital, that hospital shall immediately give either oral or facsimile notice to the participating mental health center serving the area where the patient intends to reside and shall consider any recommendations from that mental health center which may be received prior to the time set for discharge as specified in the notice.
(b) (1) If the voluntary patient is an adult admitted upon the application of a legal guardian or pursuant to an order of the court issued pursuant to K.S.A. 59-3077, and amendments thereto, any request for discharge must be made, in writing, by the legal guardian.
(2) If the voluntary patient is a minor, the written request for discharge shall be made by the child's parent or legal guardian except if the minor was admitted upon their own written application to become a voluntary patient made pursuant to K.S.A. 59-2949 and amendments thereto, then the minor may make the request. In the case of a minor 14 or more years of age who had made written application to become a voluntary patient on their own behalf and who has requested to be discharged, the head of the treatment facility shall promptly inform the child's parent, legal guardian, or other person known to the head of the treatment facility to be interested in the care and welfare of the minor of the minor's request for discharge.
History:
L. 1996, ch. 167, § 7; L. 2002, ch. 114, § 65; July 1.
2023 Kansas Statutes › Chapter 59 - Probate Code › Article 29 - Care And Treatment For Mentally Ill Persons › 59-2952 Petition for involuntary commitment of a voluntary patient.

59-2952.
Petition for involuntary commitment of a voluntary patient.
The head of a treatment facility or other person may file a petition pursuant to K.S.A. 59-2957 and amendments thereto seeking involuntary commitment of a voluntary patient who now lacks capacity to make an informed decision concerning treatment and who is refusing reasonable treatment efforts or has requested discharge from the treatment facility. A petition filed by the head of a state psychiatric hospital, or such person's designee, accompanied by a statement from a physician or psychologist employed at the hospital that the physician or psychologist believes the person to be a mentally ill person subject to involuntary commitment does not need to be accompanied by a written statement from a qualified mental health professional authorizing admission to a state psychiatric hospital.
History:
L. 1996, ch. 167, § 8; L. 1998, ch. 134, § 39; July 1.
2023 Kansas Statutes › Chapter 59 - Probate Code › Article 29 - Care And Treatment For Mentally Ill Persons › 59-2955 Notice of right to communicate upon admission; notice of admission; notice of rights.

59-2955.
Notice of right to communicate upon admission; notice of admission; notice of rights.
(a) Whenever any person is involuntarily admitted to or detained at a treatment facility pursuant to subsection (b) or (c) of K.S.A. 59-2954 and amendments thereto, or pursuant to an ex parte emergency custody order issued pursuant to K.S.A. 59-2958 and amendments thereto, the head of the treatment facility shall:
(1) Immediately advise the person in custody that such person is entitled to immediately contact the person's legal counsel, legal guardian, personal physician or psychologist, minister of religion, including a Christian Science practitioner or immediate family as defined in subsection (b) or any combination thereof. If the person desires to make such contact, the head of the treatment facility shall make available to the person reasonable means for making such immediate communication;
(2) provide notice of the person's involuntary admission including a copy of the document authorizing the involuntary admission to that person's attorney or legal guardian, immediately upon learning of the existence and whereabouts of such attorney or legal guardian, unless that attorney or legal guardian was the person who signed the application resulting in the patient's admission. If authorized by the patient pursuant to K.S.A. 65-5601 through 65-5605 and amendments thereto, the head of the treatment facility also shall provide notice to the patient's immediate family, as defined in subsection (b), immediately upon learning of the existence and whereabouts of such family, unless the family member to be notified was the person who signed the application resulting in the patient's admission; and
(3) immediately advise the person in custody of such person's rights provided for in K.S.A. 59-2978 and amendments thereto.
(b) "Immediate family" means the spouse, adult child or children, parent or parents, and sibling or siblings, or any combination thereof.
History:
L. 1996, ch. 167, § 11; L. 1998, ch. 134, § 42; July 1.
2023 Kansas Statutes › Chapter 59 - Probate Code › Article 29 - Care And Treatment For Mentally Ill Persons › 59-2956 Emergency observation; discharge.

59-2956.
Emergency observation; discharge.
The head of the treatment facility shall discharge any person admitted pursuant to subsection (a) of K.S.A. 59-2954 and amendments thereto when the ex parte emergency custody order expires, and shall discharge any person admitted pursuant to subsection (b) or (c) of K.S.A. 59-2954 and amendments thereto not later than the close of business of the first day that the district court is open for the transaction of business after the admission date of the person, unless a district court orders that such person remain in custody under an ex parte emergency custody order issued pursuant to the provisions of K.S.A. 59-2958 and amendments thereto, or a temporary custody order issued pursuant to the provisions of K.S.A. 59-2959 and amendments thereto.
History:
L. 1996, ch. 167, § 12; April 18.
2023 Kansas Statutes › Chapter 59 - Probate Code › Article 29 - Care And Treatment For Mentally Ill Persons › 59-2958 Ex parte emergency custody order.

59-2958.
Ex parte emergency custody order.
(a) At the time the petition for the determination of whether a person is a mentally ill person subject to involuntary commitment for care and treatment under this act is filed, or any time thereafter prior to the trial upon the petition as provided for in K.S.A. 59-2965 and amendments thereto, the petitioner may request in writing that the district court issue an ex parte emergency order including either or both of the following: (1) An order directing any law enforcement officer to take the person named in the order into custody and transport the person to a designated treatment facility or other suitable place willing to receive and detain the person; (2) an order authorizing any named treatment facility or other place to detain or continue to detain the person until the further order of the court or until the ex parte emergency custody order shall expire.
(b) No ex parte emergency custody order shall provide for the detention of any person at a state psychiatric hospital unless a written statement from a qualified mental health professional authorizing such admission and detention at a state psychiatric hospital has been filed with the court.
(c) No ex parte emergency custody order shall provide for the detention of any person in a nonmedical facility used for the detention of persons charged with or convicted of a crime.
(d) If no other suitable facility at which such person may be detained is willing to accept the person, then the participating mental health center for that area shall provide a suitable place to detain the person until the further order of the court or until the ex parte emergency custody order shall expire.
(e) An ex parte emergency custody order issued under this section shall expire at 5:00 p.m. of the second day the district court is open for the transaction of business after the date of its issuance, which expiration date shall be stated in the order.
(f) The district court shall not issue successive ex parte emergency custody orders.
(g) In lieu of issuing an ex parte emergency custody order, the court may allow the person with respect to whom the request was made to remain at liberty, subject to such conditions as the court may impose.
History:
L. 1996, ch. 167, § 14; L. 1997, ch. 152, § 6; L. 1998, ch. 134, § 44; July 1.
2023 Kansas Statutes › Chapter 59 - Probate Code › Article 29 - Care And Treatment For Mentally Ill Persons › 59-2961 Order for a mental evaluation; procedure.

59-2961.
Order for a mental evaluation; procedure.
(a) The order for a mental evaluation required by subsection (a)(5) of K.S.A. 59-2960 and amendments thereto, shall be served in the manner provided for in subsections (c) and (d) of K.S.A. 59-2963 and amendments thereto. It shall order the proposed patient to submit to a mental evaluation to be conducted by a physician, psychologist or qualified mental health professional designated by the head of a participating mental health center and to undergo such other physical or other evaluations as may be ordered by the court, except that any proposed patient who is not subject to a temporary custody order issued pursuant to K.S.A. 59-2959 and amendments thereto and who requests a hearing pursuant to K.S.A. 59-2962 and amendments thereto, need not submit to such evaluations until that hearing has been held and the court finds that there is probable cause to believe that the proposed patient is a mentally ill person subject to involuntary commitment for care and treatment under this act. The evaluation may be conducted at a treatment facility, the home of the proposed patient or any other suitable place that the court determines is not likely to have a harmful effect on the welfare of the proposed patient. A state psychiatric hospital shall not be ordered to evaluate any proposed patient, unless a written statement from a qualified mental health professional authorizing such an evaluation at a state psychiatric hospital has been filed with the court.
(b) At the time designated by the court in the order, but in no event later than three days prior to the date of the trial provided for in K.S.A. 59-2965 and amendments thereto, the examiner shall submit to the court a report, in writing, of the evaluation which report also shall be made available to counsel for the parties at least three days prior to the trial. The report also shall be made available to the proposed patient and to whomever the patient directs, unless for good cause recited in the order, the court orders otherwise. Such report shall state that the examiner has made an examination of the proposed patient and shall state the opinion of the examiner on the issue of whether or not the proposed patient is a mentally ill person subject to involuntary commitment for care and treatment under the act and the examiner's opinion as to the least restrictive treatment alternative which will protect the proposed patient and others and allow for the improvement of the proposed patient if treatment is ordered.
History:
L. 1996, ch. 167, § 17; L. 1998, ch. 134, § 45; July 1.
2023 Kansas Statutes › Chapter 59 - Probate Code › Article 29 - Care And Treatment For Mentally Ill Persons › 59-2962 Mental evaluation; hearing in noncustodial circumstances.

59-2962.
Mental evaluation; hearing in noncustodial circumstances.
Whenever a proposed patient who is not subject to a temporary custody order issued pursuant to K.S.A. 59-2959 and amendments thereto requests a hearing pursuant to this section, a hearing shall be held within a reasonable time thereafter. The petitioner and the proposed patient shall be notified of the time and place of the hearing, afforded an opportunity to testify, and to present and cross-examine witnesses. The proposed patient shall be present at the hearing, and the proposed patient's presence cannot be waived. All persons not necessary for the conduct of the proceedings may be excluded. The hearing shall be conducted in as informal a manner as may be consistent with orderly procedure and in a physical setting not likely to have a harmful effect on the welfare of the proposed patient. The court shall receive all relevant and material evidence which may be offered. If the petitioner is not represented by counsel, the county or district attorney shall represent the petitioner, prepare all necessary papers, appear at the hearing and present such evidence as the county or district attorney determines to be of aid to the court in determining whether or not there is probable cause to believe that the proposed patient is a mentally ill person subject to involuntary commitment for care and treatment under this act. If the court determines from the evidence that there is probable cause to believe that the proposed patient is a mentally ill person subject to involuntary commitment, the court shall issue the order for a mental evaluation; otherwise, the court shall terminate the proceedings.
History:
L. 1996, ch. 167, § 18; April 18.
2023 Kansas Statutes › Chapter 59 - Probate Code › Article 29 - Care And Treatment For Mentally Ill Persons › 59-2963 Notice; contents.

59-2963. Notice; contents.
(a) Notice as required by subsection (a)(6) of K.S.A. 59-2960, and amendments thereto, shall be given to the proposed patient named in the petition, the proposed patient's legal guardian if there is one, the attorney appointed to represent the proposed patient, the proposed patient's spouse or nearest relative and to such other persons as the court directs. The notice shall also be given to the participating mental health center for the county where the proposed patient resides.
(b) The notice shall state:
(1) That a petition has been filed, alleging that the proposed patient is a mentally ill person subject to involuntary commitment for care and treatment under the act and requesting that the court order treatment;
(2) the date, time and place of the trial;
(3) the name of the attorney appointed to represent the proposed patient and the time and place where the proposed patient shall have the opportunity to consult with this attorney;
(4) that the proposed patient has a right to a jury trial if a written demand for such is filed with the court at least four days prior to the time set for trial; and
(5) that if the proposed patient demands a jury trial, the trial date may have to be continued by the court for a reasonable time in order to empanel a jury, but that this continuance will not exceed 30 days from the date of the filing of the demand.
(c) The court may order any of the following persons to serve the notice upon the proposed patient:
(1) The physician or psychologist currently administering to the proposed patient, if the physician or psychologist consents to doing so;
(2) the head of the participating mental health center or the designee thereof;
(3) the local health officer or such officer's designee;
(4) the secretary for aging and disability services or the secretary's designee if the proposed patient is being detained at a state psychiatric hospital;
(5) any law enforcement officer; or
(6) the attorney of the proposed patient.
(d) The notice shall be served personally on the proposed patient as soon as possible, but not less than six days prior to the date of the trial, and immediate return thereof shall be made to the court by the person serving notice. Unless otherwise ordered by the court, notice shall be served on the proposed patient by a nonuniformed person.
(e) Notice to all other persons may be made by mail or in such other manner as directed by the court.
History:
L. 1996, ch. 167, § 19; L. 1998, ch. 134, § 46; L. 2014, ch. 115, § 209; July 1.
2023 Kansas Statutes › Chapter 59 - Probate Code › Article 29 - Care And Treatment For Mentally Ill Persons › 59-2966 Order for treatment; dismissal.

59-2966.
Order for treatment; dismissal.
(a) Upon the completion of the trial, if the court or jury finds by clear and convincing evidence that the proposed patient is a mentally ill person subject to involuntary commitment for care and treatment under this act, the court shall order treatment for such person for a specified period of time not to exceed three months from the date of the trial at a treatment facility, except that the court shall not order treatment at a state psychiatric hospital, unless a written statement from a qualified mental health professional authorizing such treatment at a state psychiatric hospital has been filed with the court. Whenever an involuntary patient is ordered to receive treatment, the clerk of the district court shall send a copy of the order to the Kansas bureau of investigation within five days after receipt of the order. The Kansas bureau of investigation shall immediately enter the order into the national criminal information center and other appropriate databases. An order for treatment in a treatment facility other than a state psychiatric hospital shall be conditioned upon the consent of the head of that treatment facility to accepting the patient. In the event no other appropriate treatment facility has agreed to provide treatment for the patient, and no qualified mental health professional has authorized treatment at a state psychiatric hospital, the participating mental health center for the county in which the patient resides shall be given responsibility for providing or securing treatment for the patient or if no county of residence can be determined for the patient, then the participating mental health center for the county in which the patient was taken into custody or in which the petition was filed shall be given responsibility for providing or securing treatment for the patient.
(b) A copy of the order for treatment shall be provided to the head of the treatment facility.
(c) When the court orders treatment, it shall retain jurisdiction to modify, change or terminate such order, unless venue has been changed pursuant to K.S.A. 59-2971, and amendments thereto, and then the receiving court shall have continuing jurisdiction.
(d) If the court finds from the evidence that the proposed patient has not been shown to be a mentally ill person subject to involuntary commitment for care and treatment under this act the court shall release the person and terminate the proceedings.
History:
L. 1996, ch. 167, § 22; L. 1997, ch. 152, § 7; L. 1998, ch. 134, § 48; L. 2006, ch. 210, § 16; July 1, 2007.
2023 Kansas Statutes › Chapter 59 - Probate Code › Article 29 - Care And Treatment For Mentally Ill Persons › 59-2968 Admissions to a state psychiatric hospital; moratorium; procedure.

59-2968. Admissions to a state psychiatric hospital; moratorium; procedure.
(a) All admissions to a state psychiatric hospital upon any order of a court shall be to the state psychiatric hospital designated by the secretary for aging and disability services. The time and manner of the admission shall be arranged by the participating mental health center authorizing such admission and coordinated with the hospital and the official or agent who shall transport the person.
(b) No patient shall be admitted to a state psychiatric hospital pursuant to any of the provisions of this act, including any court-ordered admissions, if the secretary has notified the supreme court of the state of Kansas and each district court which has jurisdiction over all or part of the catchment area served by a state psychiatric hospital, that the census of a particular treatment program of that state psychiatric hospital has reached capacity and that no more patients may be admitted. Following notification that a state psychiatric hospital program has reached its capacity and no more patients may be admitted, any district court which has jurisdiction over all or part of the catchment area served by that state psychiatric hospital, and any participating mental health center which serves all or part of that same catchment area, may request that patients needing that treatment program be placed on a waiting list maintained by that state psychiatric hospital.
(c) In each such case, as a vacancy at that state psychiatric hospital occurs, the district court and participating mental health center shall be notified, in the order of their previous requests for placing a patient on the waiting list, that a patient may be admitted to the state psychiatric hospital. As soon as the state psychiatric hospital is able to admit patients on a regular basis to a treatment program for which notice has been previously given under this section, the superintendent of the state psychiatric hospital shall inform the supreme court and each affected district court that the moratorium on admissions is no longer in effect.
History:
L. 1996, ch. 167, § 24; L. 2014, ch. 115, § 210; July 1.
2023 Kansas Statutes › Chapter 59 - Probate Code › Article 29 - Care And Treatment For Mentally Ill Persons › 59-2970 Transportation.

59-2970.
Transportation.
The court may issue orders providing for the transportation of patients as necessary to effectuate the provisions of this act. All orders of ex parte emergency custody, temporary custody, referral or treatment may authorize a relative or other suitable person to transport the individual named in the order to the place of detention or treatment specified in the order. All orders for transportation shall be served by the person transporting the individual named in the order upon the person in charge of the place of detention or treatment or such person's designee and due return of execution thereof shall be made to the court. A female being transported shall be accompanied by a female attendant, unless she is accompanied by an adult relative. An individual shall not be transported in a marked police car or sheriff's car if other means of transportation are available. The least amount of restraint necessary shall be used in transporting the patient.
History:
L. 1996, ch. 167, § 26; April 18.
2023 Kansas Statutes › Chapter 59 - Probate Code › Article 29 - Care And Treatment For Mentally Ill Persons › 59-2973 Discharge.

59-2973.
Discharge.
(a) When any proposed patient or involuntary patient has been admitted to any treatment facility pursuant to K.S.A. 59-2954, 59-2958, 59-2959, 59-2964, 59-2966 or 59-2967 and amendments thereto, the head of the treatment facility shall discharge and release the patient when the patient is no longer in need of treatment, except that no patient shall be discharged from a state psychiatric hospital without the hospital receiving and considering recommendations from the participating mental health center serving the area where the patient intends to reside.
(b) Nothing in this section shall be construed to amend or modify or repeal any law relating to the confinement of persons charged with or convicted of a criminal offense.
History:
L. 1996, ch. 167, § 29; April 18.
2023 Kansas Statutes › Chapter 59 - Probate Code › Article 29 - Care And Treatment For Mentally Ill Persons › 59-2974 Notice of discharge; restoration of certain rights.

59-2974. Notice of discharge; restoration of certain rights.
The head of the treatment facility shall notify, in writing, the patient, the patient's attorney, the petitioner or the petitioner's attorney, the county or district attorney as appropriate, and the district court which has jurisdiction over the patient of the patient's discharge pursuant to K.S.A. 59-2973, and amendments thereto. When a notice of discharge is received, the court shall file the same which shall terminate the proceedings, unless there has been issued a superseding inpatient or outpatient treatment order not being discharged by the notice. Whenever a person who is involuntarily committed to a state psychiatric hospital is released by order of the court or termination of the case, the court shall review the case upon request of the patient, and may order the issuance of the certificate of restoration pursuant to K.S.A. 75-7c26, and amendments thereto. If the court issues such release or termination and certificate, the court shall order the clerk of the district court to report the release or termination of the case and the certificate of restoration to the Kansas bureau of investigation within five days after the order.
History:
L. 1996, ch. 167, § 30; L. 2006, ch. 210, § 17; July 1, 2007.
2023 Kansas Statutes › Chapter 59 - Probate Code › Article 29 - Care And Treatment For Mentally Ill Persons › 59-2975 Unauthorized absence; procedure.

59-2975.
Unauthorized absence; procedure.
If any involuntary patient leaves the place of the patient's detention or treatment without the authority of the head of the treatment facility, the head of the treatment facility shall notify the sheriff of the county in which the treatment facility is located of the involuntary patient's unauthorized absence and request that the patient be taken into custody and returned to the treatment facility. If oral notification is given, it shall be confirmed in writing as soon thereafter as reasonably possible.
History:
L. 1996, ch. 167, § 31; April 18.
2023 Kansas Statutes › Chapter 59 - Probate Code › Article 29 - Care And Treatment For Mentally Ill Persons › 59-2977 Restraints; seclusion.

59-2977.
Restraints; seclusion.
(a) Restraints or seclusion shall not be applied to a patient unless it is determined by the head of the treatment facility or a physician or psychologist to be necessary to prevent immediate substantial bodily injury to the patient or others and that other alternative methods to prevent such injury are not sufficient to accomplish this purpose. Restraint or seclusion shall never be used as a punishment or for the convenience of staff. The extent of the restraint or seclusion applied to the patient shall be the least restrictive measure necessary to prevent such injury to the patient or others, and the use of restraint or seclusion in a treatment facility shall not exceed 3 hours without medical reevaluation, except that such medical reevaluation shall not be required, unless necessary, between the hours of 12:00 midnight and 8:00 a.m. When restraints or seclusion are applied, there shall be monitoring of the patient's condition at a frequency determined by the treating physician or psychologist, which shall be no less than once per each 15 minutes. The head of the treatment facility or a physician or psychologist shall sign a statement explaining the treatment necessity for the use of any restraint or seclusion and shall make such statement a part of the permanent treatment record of the patient.
(b) The provisions of subsection (a) shall not prevent, for a period not exceeding 2 hours without review and approval thereof by the head of the treatment facility or a physician or psychologist:
(1) Staff at the state security hospital from confining patients in their rooms when it is considered necessary for security or proper institutional management;
(2) the use of such restraints as necessary for a patient who is likely to cause physical injury to self or others without the use of such restraints;
(3) the use of restraints when needed primarily for examination or treatment or to insure the healing process; or
(4) the use of seclusion as part of a treatment methodology that calls for time out when the patient is refusing to participate in a treatment or has become disruptive of a treatment process.
(c) "Restraints" means the application of any devices, other than human force alone, to any part of the body of the patient for the purpose of preventing the patient from causing injury to self or others.
(d) "Seclusion" means the placement of a patient, alone, in a room, where the patient's freedom to leave is restricted and where the patient is not under continuous observation.
History:
L. 1996, ch. 167, § 33; April 18.
2023 Kansas Statutes › Chapter 59 - Probate Code › Article 29 - Care And Treatment For Mentally Ill Persons › 59-2980 Civil and criminal liability.

59-2980. Civil and criminal liability.
Any person or law enforcement agency, governing body, community mental health center or personnel acting in good faith and without negligence shall be free from all liability, civil or criminal, that might arise out of acting or declining to act pursuant to this act. Any person who for a corrupt consideration or advantage, or through malice, shall make or join in making or advise the making of any false petition, report or order provided for in this act shall be guilty of a class A misdemeanor.
History:
L. 1996, ch. 167, § 36; L. 2017, ch. 77, § 20; July 1.
2023 Kansas Statutes › Chapter 59 - Probate Code › Article 29 - Care And Treatment For Mentally Ill Persons › 59-2981 Costs; payment by residence county, when.

59-2981. Costs; payment by residence county, when.
In each proceeding the court shall allow and order paid to any individual or treatment facility as part of the costs thereof a reasonable fee and expenses for any professional services ordered performed by the court pursuant to this act other than those performed by any individual or hospital under the jurisdiction of the secretary for aging and disability services, and including the fee of counsel for the patient when counsel is appointed by the court and the costs of the county or district attorney incurred in cases involving change of venue. Other costs and fees shall be allowed and paid as are allowed by law for similar services in other cases. The costs shall be taxed to the estate of the patient, to those bound by law to support such patient or to the county of the residence of the patient as the court having jurisdiction shall direct, except that if a proposed patient is found not to be a mentally ill person subject to involuntary commitment under this act, the costs shall not be assessed against such patient's estate but may at the discretion of the court be assessed against the petitioner or may be paid from the general fund of the county of the residence of the proposed patient. Any district court receiving a statement of costs from another district court shall forthwith approve the same for payment out of the general fund of its county except that it may refuse to approve the same for payment only on the ground that the patient is not a resident of that county. In such case it shall transmit the statement of costs to the secretary for aging and disability services who shall determine the question of residence and certify the secretary's findings to each district court. Whenever a district court has sent a statement of costs to the district court of another county and such costs have not been paid within 90 days after the statement was sent, the district court that sent the statement may transmit such statement of costs to the secretary for determination and certification as provided above. If the claim for costs is not paid within 30 days after such certification, an action may be maintained thereon by the claimant county in the district court of the claimant county against the debtor county. The findings made by the secretary for aging and disability services as to the residence of the patient shall be applicable only to the assessment of costs. Any county of residence which pays from its general fund court costs to the district court of another county may recover the same in any court of competent jurisdiction from the estate of the patient or from those bound by law to support such patient, unless the court shall find that the proceedings in which such costs were incurred were instituted without probable cause and not in good faith.
History:
L. 1996, ch. 167, § 37; L. 2014, ch. 115, § 213; July 1.
2023 Kansas Statutes › Chapter 59 - Probate Code › Article 29 - Care And Treatment For Mentally Ill Persons › 59-2982 Notice of death of patients in treatment facilities.

59-2982.
Notice of death of patients in treatment facilities.
In the event of the death of a patient in a treatment facility, the head of the treatment facility shall immediately give notice of the date, time, place and cause of such death, to the extent known, to the nearest known relative of the patient, and, as appropriate, to the court having jurisdiction over the patient, the attorney for the patient, and to the county or district attorney and as otherwise provide for by law, to the coroner for the county in which the patient died.
History:
L. 1996, ch. 167, § 38; April 18.