59-2964. Continuance of hearings; order of referral for short-term treatment.
59-2964
59-2964. Continuance of hearings; order of referralfor short-term treatment.(a) The patient at any time may request, inwriting, that any further proceedings be continued for not morethan three months so that the court may make an order ofcontinuanceand referral for short-term treatment. The written request mustbe acknowledged before a notary public or a judge of the districtcourt. The patient may request successive orders of continuanceand referral. Upon receipt of such a request, the court may orderthe patient referred for short-term treatment to a designatedtreatment facility for a specified period of time not to exceedthree monthsfrom the date the request is signed by the patient. Anorder of referral for short-term treatment in a treatment facility other than astate psychiatric hospital shall be conditioned upon the consent of the head ofthat treatment facility to accept the patient. No order may be issued forreferral to a state psychiatric hospital, unless a writtenstatement from a qualified mental health professional authorizingsuch admission and treatment at a state psychiatric hospital hasbeen filed with the court. The court may not issue an order ofreferral unless the attorney representing the patient has filed astatement, in writing, that the attorney has explained to thepatient the nature of an order of referral and the right of thepatient to have the further proceedings conducted as scheduled.
(b) If the patient's request for an order for referral forshort-term treatment is made prior to the hearing required to beheld pursuant to the provisions ofK.S.A. 59-2959 or 59-2962 andamendments thereto, and granted, it shall constitute a waiver ofthe patient's right to this hearing.
(c) Within any order of continuance and referral, the courtshall confirm the new date and time set for the trial and directthat a copy of the court's order shall be given to thepatient, to the attorneyrepresenting the patient, the petitioner or the county ordistrict attorney as appropriate, the patient's legal guardian ifthere is one, the patient's spouse or nearest relative asappropriate, the head of the treatment facility to which thepatient is being referred, and such other persons as the courtdirects. Any trial so continued shall then be held on the dateset at the end of the referral period, unless again continued bythe court upon the patient's request for another order ofcontinuance and referral, or on the date set in any order ofcontinuance necessitated by the patient's demand for a jurytrial.
(d) Not later than 14 days prior to the date set for thetrial provided for inK.S.A. 59-2965 and amendments thereto byany order of continuance and referral, unless the proposedpatient has been accepted as a voluntary patient by the treatmentfacility or unless the proposed patient has filed a writtenrequest for another successive period of continuance andreferral, the facility treating the proposed patient shall submita written report of its findings and recommendations to thecourt, which report also shall be made available to counsel forthe parties. The report also shall be made available to theproposed patient and to whomever the patient directs, unless forgood cause recited in the order, the court orders otherwise.
History: L. 1996, ch. 167, § 20;L. 1998, ch. 134, § 47; July 1.