59-2962. Mental evaluation; hearing in noncustodial circumstances.
59-2962
59-2962. Mental evaluation; hearing in noncustodialcircumstances.Whenever a proposed patient who is not subjectto a temporary custody order issued pursuant to K.S.A. 59-2959and amendments thereto requests a hearing pursuant to thissection, a hearing shall be held within a reasonable timethereafter. The petitioner and the proposed patient shall benotified of the time and place of the hearing, afforded anopportunity to testify, and to present and cross-examinewitnesses. The proposed patient shall be present at the hearing,and the proposed patient's presence cannot be waived. Allpersons not necessary for the conduct of the proceedings may beexcluded. The hearing shall be conducted in as informal a manneras may be consistent with orderly procedure and in a physicalsetting not likely to have a harmful effect on the welfare of theproposed patient. The court shall receive all relevant andmaterial evidence which may be offered. If the petitioner is notrepresented by counsel, the county or district attorney shallrepresent the petitioner, prepare all necessary papers, appear atthe hearing and present such evidence as the county or districtattorney determines to be of aid to the court in determiningwhether or not there is probable cause to believe that theproposed patient is a mentally ill person subject to involuntarycommitment for care and treatment under this act. If the courtdetermines from the evidence that there is probable cause tobelieve that the proposed patient is a mentally ill personsubject to involuntary commitment, the court shall issue theorder for a mental evaluation; otherwise, the court shallterminate the proceedings.
History: L. 1996, ch. 167, § 18; Apr. 18.