59-2957. Petition for determination of mental illness; request for ex parte emergency custody order; content.
59-2957
59-2957. Petition for determination of mentalillness; request for exparte emergency custody order; content.(a) A verified petition to determine whetheror not a person is a mentally ill person subject to involuntarycommitment for care and treatment under this act may be filed inthe district court of the county wherein that person resides orwherein such person may be found.
(b) The petition shall state:
(1) The petitioner's belief that the named person is amentally ill person subject to involuntary commitment and thefacts upon which this belief is based;
(2) to the extent known, the name, age, present whereaboutsand permanent address of the person named as possibly a mentallyill person subject to involuntary commitment; and if not known,any information the petitioner might have about this person andwhere the person resides;
(3) to the extent known, the name and address of theperson's spouse or nearest relative or relatives, or legal guardian, or ifnot known, any information the petitioner might have about aspouse, relative or relatives or legal guardian and where they might be found;
(4) to the extent known, the name and address of theperson's legal counsel, or if not known, any information thepetitioner might have about this person's legal counsel;
(5) to the extent known, whether or not this person is ableto pay for medical services, or if not known, any information thepetitioner might have about the person's financial circumstancesor indigency;
(6) to the extent known, the name and address of any personwho has custody of the person, and any known pending criminalcharge or charges or of any arrest warrant or warrants outstanding or, if thereare none, that fact or if not known, any information thepetitioner might have about any current criminal justice systeminvolvement with the person;
(7) the name or names and address or addresses of any witness orwitnessesthe petitioner believes has knowledge of facts relevant to the issuebeing brought before the court; and
(8) if the petitioner wishes to recommend to the court that the proposedpatient should be sent to a treatment facility other than a state psychiatrichospital, then the name and address of the treatment facility to which thepetitioner recommends that the proposed patient be sent for treatment if theproposed patient is found to be a mentally ill person subject to involuntarycommitment for care and treatment under this act.
(c) The petition shall be accompanied by:
(1) A signed certificate from a physician,psychologist, or qualified mental health professional designated by the head ofa participating mental health center, statingthatsuch professional has personally examined the person and anyavailable records and has found that the person, in suchprofessional's opinion, is likely to be a mentally ill personsubject to involuntary commitment for care and treatment underthis act, unless the court allows the petition to be accompaniedby a verified statement by the petitioner that the petitioner hadattempted to have the person seen by a physician,psychologist or such qualified mental health professional, but thatthe person failed to cooperate to such an extent that theexamination was impossible to conduct;
(2) ifadmission to a treatment facility other than a state psychiatric hospital issought, if it is then available, a statement of consent to the admission of theproposed patient to the treatment facility named by the petitioner pursuant tosubsection (b)(8) signed by the head of that treatment facility or otherdocumentation which shows the willingness of the treatment facility toadmitting the proposed patient for care and treatment; and
(3) if applicable, a copy of any notice given pursuant toK.S.A. 59-2951 and amendments thereto in which the named personhas sought discharge from a treatment facility into which theyhad previously entered voluntarily, or a statement from thetreating physician or psychologist that the person wasadmitted as avoluntary patient but now lacks capacity to make an informed decisionconcerning treatment and is refusing reasonable treatment efforts,and including a description of the treatment efforts beingrefused.
(d) The petition may include a request that an ex parteemergency custody order be issued pursuant to K.S.A. 59-2958and amendments thereto. If such request is made the petitionshall also include:
(1) A brief statement explaining why the person should beimmediately detained or continue to be detained;
(2) the place where the petitioner requests that the personbe detained or continue to be detained;
(3) if applicable, because detention is requested in atreatment facility other than a state psychiatric hospital, astatement that the facility is willing to accept and detain suchperson; and
(4) if applicable, because admission to a state psychiatrichospital is sought, the necessary statement from a qualifiedmental health professional authorizing admission and emergencycare and treatment.
(e) The petition may include a request that a temporarycustody order be issued pursuant to K.S.A. 59-2959 andamendments thereto.
History: L. 1996, ch. 167, § 13;L. 1997, ch. 152, § 5;L. 1998, ch. 134, § 43; July 1.