59-2963. Notice; contents.
59-2963
59-2963. Notice; contents.(a) Notice as required by subsection (a)(6) of K.S.A. 59-2960and amendments thereto shall be given to the proposed patientnamed in the petition, the proposed patient's legal guardian ifthere is one, the attorney appointed to represent the proposedpatient, the proposed patient's spouse or nearest relative and tosuch other persons as the court directs. The notice shall alsobe given to the participating mental health center for the countywhere the proposed patient resides.
(b) The notice shall state:
(1) That a petition has been filed, alleging that theproposed patient is a mentally ill person subject to involuntarycommitment for care and treatment under the act and requestingthat the court order treatment;
(2) the date, time and place of the trial;
(3) the name of the attorney appointed to represent theproposed patient and the time and place where the proposedpatient shall have the opportunity to consult with this attorney;
(4) that the proposed patient has a right to a jury trialif a written demand for such is filed with the court at least fourdays prior to the time set for trial; and
(5) that if the proposed patient demands a jury trial, thetrial date may have to be continued by the court for a reasonabletime in order to empanel a jury, but that this continuance willnot exceed 30 days from the date of the filing of the demand.
(c) The court may order any of the following persons toserve the notice upon the proposed patient:
(1) The physician or psychologist currently administeringto the proposed patient, if the physician or psychologistconsents to doing so;
(2) the head of the participating mental health center orthe designee thereof;
(3) the local health officer or such officer's designee;
(4) the secretary of social and rehabilitation services orthe secretary's designee if the proposed patient is beingdetained 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 proposedpatient as soon as possible, but not less than six days prior tothe date of the trial, and immediate return thereof shall bemade to the court by the person serving notice. Unless otherwiseordered by the court, notice shall be served on the proposedpatient by a nonuniformed person.
(e) Notice to all other persons may be made by mail or insuch other manner as directed by the court.
History: L. 1996, ch. 167, § 19;L. 1998, ch. 134, § 46; July 1.