59-29b63. Notice; contents.
59-29b63
59-29b63. Notice; contents.(a) Notice as required by subsection (a)(6) of K.S.A. 59-29b60 andamendments thereto shall be given to the proposed patient namedin the petition, the proposed patient's legal guardian if thereis one, the attorney appointed to represent the proposed patient,the proposed patient's spouse or nearest relative and to suchother persons as the court directs.
(b) The notice shall state:
(1) That a petition has been filed, alleging that theproposed patient is a person with an alcohol or substance abuseproblem subject to involuntary commitment for care and treatmentunder this act and requesting that 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 leastfour days 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 shall not exceed 30days 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 treatment facility where the proposedpatient is being detained or the 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 being treatedat a state psychiatric hospital pursuant to any provision ofK.S.A. 59-2945 et seq. and amendments thereto;
(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 be madeto 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. 1998, ch. 134, § 19; July 1.