59-2969. Hearing to review status of patient; procedure.
59-2969
59-2969. Hearing to review status of patient;procedure.(a) At least 14 days prior to the end of eachperiod of treatment, as set out in the court order for suchtreatment, the head of the treatment facility furnishingtreatment to the patient shall cause to be filed with thecourt a writtenreport summarizing the treatment provided and the findings andrecommendations of the treatment facility concerning the need forfurther treatment for the patient. Upon the filing of thiswritten report, the court shall notify the patient's attorney ofrecord that this written report has been filed. If there isno attorney of record for the patient, the court shall appoint anattorney and notify such attorney that the written report hasbeen filed.
(b) When the attorney for the patient has received noticethat the treatment facility has filed with the district courtits written report, the attorney shall consult with the patientto determine whether the patient desires a hearing. If thepatient desires a hearing, the attorney shall file a writtenrequest for a hearing with the district court, which requestshall be filed not later than the last day ending any period oftreatment as specified in the court's order for treatment issued pursuant toK.S.A. 59-2966 or 59-2967 and amendments thereto, or the court's last enteredorder for continued treatment issued pursuant to subsection (f). If thepatient doesnot desire a hearing, the patient's attorney shall file with thecourt a written statement that the attorney has consulted withthe patient; the manner in which the attorney has consulted withthe patient; that the attorney has fully explained to the patientthe patient's right to a hearing as set out in this sectionand that if the patient does not request such a hearing that further treatmentwill likely be ordered, but that having been so advised the patient does notdesire a hearing. Thereupon, the court may renew its order for treatment andmay specify the next period of treatment as provided for in subsection (f).A copy of thecourt's order shall be given to thepatient, the attorney for the patient, the patient's legal guardian, thepetitioner or the county or districtattorney, as appropriate, and to the head of the treatmentfacility treating the patient as the court directs.
(c) Upon receiving a written request for a hearing, thedistrict court shall set the matter for hearing and notice ofsuch hearing shall be given similarly as provided for inK.S.A. 59-2963 and amendments thereto. Notice shall also be given promptly tothe head of the treatment facility treating the patient. Thehearing shall be held as soon as reasonably practical, but in noevent more than 10 days following the filing of the writtenrequest for a hearing. The patient shall remain in treatmentduring the pendency of any such hearing, unless discharged by thehead of the treatment facility pursuant toK.S.A. 59-2973 andamendments thereto.
(d) The district court having jurisdiction of any case may,on its own motion or upon written request of any interestedparty, including the head of the treatment facility where apatient is being treated, hold a hearing to review the patient'sstatus earlier than at the times set out in subsection (b) above,if the court determines that a material change of circumstances has occurrednecessitating an earlier hearing, however, the patient shallnot be entitled to have more than one review hearing within each period oftreatment as specified inany order for treatment, order for out-patient treatment or order for continuedtreatment.
(e) The hearing shall be conducted in the same manner ashearings provided for inK.S.A. 59-2965 and amendments thereto,except that the hearing shall be to the court and the patientshall not have the right to demand a jury. At the hearing itshall be the petitioner's or county or district attorney's ortreatment facility's burden to show that the patient remains amentally ill person subject to involuntary commitment for careand treatment under this act.
(f) Upon completion of the hearing, if the court finds byclear and convincing evidence that the patient continues to be amentally ill person subject to involuntary commitment for careand treatment under this act, the court shall order continuedtreatment for a specified period of time not to exceed three months for anyinitial order for continued treatment, nor more than six months in anysubsequent order for continuedtreatment, at an inpatient treatment facility as provided for inK.S.A. 59-2966 and amendments thereto, or at an outpatienttreatment facility if the court determines that outpatienttreatment is appropriate underK.S.A. 59-2967 and amendmentsthereto, and a copy of the court's order shall be provided to thehead of the treatment facility. If the court finds that it hasnot been shown by clear and convincing evidence that the patientcontinues to be a mentally ill person subject to involuntarycommitment for care and treatment under this act, it shallrelease the patient. A copy of the court's order of releaseshall be provided to the patient, the patient's attorney, thepatient's legal guardian or other person known to be interestedin the care and welfare of a minor patient, and to the head ofthe treatment facility at which the patient had been receivingtreatment.
History: L. 1996, ch. 167, § 25;L. 1997, ch. 152, § 9;L. 1998, ch. 134, § 50; July 1.