59-29b64. Continuance of hearings; order of referral for short-term treatment.
59-29b64
59-29b64. Continuance of hearings; order of referralfor short-term treatment.(a) The patient at any time may request, in writing, that anyfurther proceedings be continued for not more than three months sothat the court may make an order of continuance and referral forshort-term treatment. The written request must be acknowledgedbefore a notary public or a judge of the district court. Thepatient may request successive orders of continuance andreferral. Upon receipt of such a request, the court may order thepatient referred for short-term treatment to a designatedtreatment facility for a specified period of time not to exceed threemonths from the date the request is signed by the patient. Anorder of referral for short-term treatment shall be conditionedupon the consent of the head of that treatment facility toaccepting the patient. 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. 59-29b59 or 59-29b62 andamendments thereto, and granted, it shall constitute a waiver ofthe patient's right to this hearing.
(c) Within any order of continuance and referral, thecourt shall confirm the new date and time set for the trial anddirect that a copy of the court's order shall be given to thepatient, to the attorney representing the patient, the petitioneror the county or district attorney as appropriate, the patient'slegal guardian if there is one, the patient's spouse or nearestrelative as appropriate, the head of the treatment facility towhich the patient is being referred, and such other persons asthe court directs. Any trial so continued shall then be held onthe date set at the end of the referral period, unless againcontinued by the court upon the patient's request for anotherorder of continuance and referral, or on the date set in anyorder of continuance necessitated by the patient's demand for ajury trial.
(d) Not later than 14 days prior to the date set for thetrial provided for inK.S.A. 59-29b65 and amendments thereto by anyorder of continuance and referral, unless the proposed patienthas 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. 1998, ch. 134, § 20; July 1.