59-29b62. Evaluation; hearing in noncustodial circumstances. - Kansas Statutes

59-29b62

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

      59-29b62.   Evaluation; hearing in noncustodialcircumstances.Whenever a proposed patient who is not subject to a temporarycustody order issued pursuant to K.S.A. 59-29b59 and amendmentsthereto requests a hearing pursuant to this section, a hearingshall be held within a reasonable time thereafter. The petitionerand the proposed patient shall be notified of the time and placeof the hearing, afforded an opportunity to testify, and topresent and cross-examine witnesses. The proposed patient shallbe present at the hearing and the proposed patient's presencecannot be waived. All persons not necessary for the conduct ofthe proceedings may be excluded. The hearing shall be conductedin as informal a manner as may be consistent with orderlyprocedure and in a physical setting not likely to have a harmfuleffect on the welfare of the proposed patient. The court shallreceive all relevant and material evidence which may be offered.If the petitioner is not represented by counsel, the county ordistrict attorney shall represent the petitioner, prepare allnecessary papers, appear at the hearing and present such evidenceas the county or district attorney determines to be of aid to thecourt in determining whether or not there is probable cause tobelieve that the proposed patient is a person with an alcohol orsubstance abuse problem subject to involuntary commitment forcare and treatment under this act. If the court determines fromthe evidence that there is probable cause to believe that theproposed patient is a person with an alcohol or substance abuseproblem subject to involuntary commitment, the court shall issuethe order for an evaluation; otherwise, the court shall terminatethe proceedings.

      History:   L. 1998, ch. 134, § 18; July 1.