59-2958. Ex parte emergency custody order.
59-2958
59-2958. Ex parte emergency custody order.(a) At the time the petition for thedetermination of whether a person is a mentally illperson subject to involuntary commitmentfor care and treatment under this act is filed, or any time thereafterprior to the trial upon the petition as provided for inK.S.A. 59-2965 and amendments thereto, the petitioner may request inwriting that the district court issue an ex parte emergency order includingeither or both of thefollowing: (1) An order directing any law enforcement officer totake the person named in the order into custody and transport theperson to a designated treatment facility or other suitable placewilling to receive and detain the person; (2) an orderauthorizing any named treatment facility or other place to detainor continue to detain the person until the further order of thecourt or until the ex parte emergency custody order shall expire.
(b) No ex parte emergency custody order shall provide forthe detention of any person at a state psychiatric hospitalunless a written statement from a qualified mental healthprofessional authorizing such admission and detention at a statepsychiatric hospital has been filed with the court.
(c) No ex parte emergency custody order shall provide forthe detention of any person in a nonmedical facility used for thedetention of persons charged with or convicted of a crime.
(d) If no other suitable facility at which such person maybe detained is willing to accept the person, then theparticipating mental health center for that area shall provide asuitable place to detain the person until the further order ofthe court or until the ex parte emergency custody order shallexpire.
(e) An ex parte emergency custody order issued under thissection shall expire at 5:00 p.m. of the second day the districtcourt is open for the transaction of business after the date ofits issuance, which expiration date shall be stated in the order.
(f) The district court shall not issue successive ex parteemergency custody orders.
(g) In lieu of issuing an ex parte emergency custody order,the court may allow the person with respect to whom the requestwas made to remain at liberty, subject to such conditions as thecourt may impose.
History: L. 1996, ch. 167, § 14;L. 1997, ch. 152, § 6;L. 1998, ch. 134, § 44; July 1.