KANSAS STATUTES AND CODES

59-29b58. Ex parte emergency custody order.

59-29b58

Chapter 59.--PROBATE CODE Article 29b.--CARE AND TREATMENT FOR PERSONS WITH AN ALCOHOL OR SUBSTANCE ABUSE PROBLEM

59-29b58. Ex parte emergency custody order.(a) At the time the petition for the determination of whetheraperson is a person with an alcohol or substance abuse problemsubject to involuntary commitment for care and treatment isfiled, or any time thereafter prior to the trial upon thepetition as provided for inK.S.A. 59-29b65 and amendments thereto,the petitioner may request in writing that the district courtissue an ex parte emergency order including either or both of thefollowing: (1) An order directing any law enforcement officer totake the person named in the order into custody and transport theperson to a designated treatment facility or other suitable placewilling to receive and detain the person; or (2) an orderauthorizing any named treatment facility or other place to detainor continue to detain the person until the further order of thecourt or until the ex parte emergency custody order shall expire.

(b) No ex parte emergency custody order shall provide forthe detention of any person in a nonmedical facility used for thedetention of persons charged with or convicted of a crime unlessno other suitable facility at which such person may be detainedis willing to accept the person.

(c) An ex parte emergency custody order issued under thissection shall expire at 5:00 p.m. of the second day the districtcourt is open for the transaction of business after the date ofits issuance, which expiration date shall be stated in the order.

(d) The district court shall not issue successive ex parteemergency custody orders.

(e) In lieu of issuing an ex parte emergency custodyorder, the court may allow the person with respect to whom therequest was made to remain at liberty, subject to such conditionsas the court may impose.

History: L. 1998, ch. 134, § 14; July 1.