59-29b57. Petition for determination of whether person has alcohol or substance abuse problem; request for ex parte emergency custody order; content.
59-29b57
59-29b57. Petition for determination of whetherperson has alcohol or substance abuse problem; request for ex parte emergencycustody order; content.(a) A verified petition to determine whether or not aperson is a person with an alcohol or substance abuse problemsubject to involuntary commitment for care and treatment underthis act may be filed in the district court of the county whereinthat person resides or wherein such person may be found.
(b) The petition shall state:
(1) The petitioner's belief that the named person is aperson with an alcohol or substance abuse problem subject toinvoluntary commitment and the facts upon which this belief isbased;
(2) to the extent known, the name, age, presentwhereabouts and permanent address of the person named as possiblya person with an alcohol or substance abuse problem subject toinvoluntary commitment; and if not known, any information thepetitioner might have about this person and where the personresides;
(3) to the extent known, the name and address of theperson's spouse or nearest relative or relatives, or legalguardian, or if not known, any information the petitioner mighthave about a spouse, relative or relatives or legal guardian andwhere they might be found;
(4) to the extent known, the name and address of theperson's legal counsel, or if not known, any information thepetitioner might have about this person's legal counsel;
(5) to the extent known, whether or not this person isable to pay for medical services, or if not known, anyinformation the petitioner might have about the person'sfinancial circumstances or indigency;
(6) to the extent known, the name and address of anyperson who has custody of the person, and any known pendingcriminal charge or charges or of any arrest warrant or warrantsoutstanding or, if there are none, that fact or if not known, anyinformation the petitioner might have about any current criminaljustice system involvement with the person;
(7) the name or names and address or addresses of anywitness or witnesses the petitioner believes has knowledge offacts relevant to the issue being brought before the court; and
(8) the name and address of the treatment facility to whichthe petitioner recommends that the proposed patient be sent fortreatment if the proposed patient is found to be a person with analcohol or substance abuse problem subject to involuntarycommitment for care and treatment under this act, or if thepetitioner is not able to recommend a treatment facility to thecourt, then that fact and that the secretary of social andrehabilitation services has been notified and requested todetermine which treatment facility the proposed patient should besent to.
(c) The petition shall be accompanied by:
(1) A signed certificate from a physician, psychologist orstate certified alcohol and substance abuse counselor statingthat such professional has personally examined the person and anyavailable records and has found that the person, in suchprofessional's opinion, is likely to be a person with an alcoholor substance abuse problem subject to involuntary commitment forcare and treatment under this act, unless the court allows thepetition to be accompanied by a verified statement by thepetitioner that the petitioner had attempted to have the personseen by a physician, psychologist or state certified alcohol andsubstance abuse counselor, but that the person failed tocooperate to such an extent that the examination was impossibleto conduct;
(2) a statement of consent to the admission of theproposed patient to the treatment facility named by thepetitioner pursuant to subsection (b)(8) signed by the head ofthat treatment facility or other documentation which shows thewillingness of the treatment facility to admitting the proposed patient forcare and treatment; and
(3) if applicable, a copy of any notice given pursuant toK.S.A. 59-29b51 and amendments thereto in which the named person hassought discharge from a treatment facility into which they hadpreviously entered voluntarily, or a statement from the treatingphysician or psychologist that the person was admitted as avoluntary patient but now lacks capacity to make an informeddecision concerning treatment and is refusing reasonabletreatment efforts, and including a description of the treatmentefforts being refused.
(d) The petition may include a request that an ex parteemergency custody order be issued pursuant to K.S.A. 59-29b58 andamendments thereto. If such request is made the petition shallalso include:
(1) A brief statement explaining why the person should beimmediately detained or continue to be detained;
(2) the place where the petitioner requests that theperson be detained or continue to be detained; and
(3) if applicable, because detention is requested in afacility other than the detox unit at either Osawatomie statehospital or at Larned state hospital, a statement that thefacility is willing to accept and detain such person.
(e) The petition may include a request that a temporarycustody order be issued pursuant [to] K.S.A. 59-29b59 andamendmentsthereto.
History: L. 1998, ch. 134, § 13; July 1.