A petition may be filed in the District Court
alleging a patient is in need of care and treatment due to a
mental illness or substance abuse or alcohol abuse. Anyone
having knowledge of the proposed patient's illness can apply for
a petition. The petitioner is the person requesting that a
petition be filed and whose name appears on the petition.
The involuntary commitment process is a civil action taken by
the petitioner towards the proposed patient. It is not a
criminal action taken by the District Attorney's Office towards
any individual. The proposed patient will know who filed
the petition, and the petitioner must testify at a court
hearing. The District Attorney's Office doesn't assess any
fee for preparing the petition and appearing in court for
hearings and trial on the petition. The Probate Court will
assess the petitioner several fees that could total to
approximately $180.50. A probate clerk will send a bill in
the mail to the petitioner after the case has been filed.
A petition may be prepared at the District
Attorney's Office or by any private attorney. Applying for
a petition cannot be done over the phone. The application
process in the District Attorney's Office can take an hour or
more to complete, providing that all statutory requirements have
been met. Once completed the petition is filed in the
District Court.
It is important to know that there are no
publicly funded lock-down facilities for substance abuse
treatment in Kansas. This means that a patient ordered to
received treatment for substance abuse could check him or
herself
out of the treatment facility at any time.
After you have obtained all the necessary
paperwork and the appropriate agency has approved the filing of
a petition, you must come to the District Attorney's Office to
complete the application process. You will be interviewed
by someone from the District Attorney's Office to determine if,
according to state statute criteria, a petition is
warranted. If all the statutory criteria are met, you will
be asked to sign the petition. The petition will be taken
to the Probate Division of the District Court for filing.
The Judge will sign court orders. The patient will be
served the Court orders by the Sheriff.
The following five (5) criteria must be met in
order to file a petition. The District Attorney's Office
will not file a petition unless all statutory requirements are
met.
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You must have one of the following:
A.) A statement from a Qualified
Mental Health Professional stating that they have examined
the patient and support the petition. The certificate
also confirms that the patient is either in a treatment
facility or that a bed has been reserved for the patient and
that the facility is willing to accept, detain and evaluate
the patient. For a mental health evaluation, contact
ComCare Crisis at 660-7500.
OR
B.) An affidavit from the petitioner
stating that they have, within the last week, asked the
patient to seek treatment for their condition, but that the
proposed patient has refused treatment. You must
include the name of the person at the treatment facility the
patient was to see.
-
You must prove
that a bed has been reserved for the patient at a treatment
facility willing to accept and detain the patient.
Below is information on how to reserved a bed at a treatment
facility.
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You must be able to document factual,
non-hearsay, information regarding your belief that the
patient is a person subject to involuntary care and
treatment.
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You must be able to tell us exactly where, in
Sedgwick County, Kansas, the patient can be
located. It must be a place where the patient can be
served between the hours of 8 am to 3 pm. The proposed
patient will be served and taken into custody, if not
already in the hospital, on the day following the day the
petitioner meets with the Assistant District Attorney.
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You must provide the name of the treatment
specialist or clinician who will evaluate the patient for
continued outpatient or inpatient treatment.
A petition for Involuntary Commitment will
not be filed unless all statutory requirements have been met.
A mentally ill person subject to involuntary commitment meets the
following criteria as set out in K.S.A. 59-2946(f)
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The patient is suffering from a mental
disorder to the extent that they are in need of treatment;
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The patient lacks the capacity to make an
informed decision concerning treatment, despite conscientious
efforts at explanation or efforts to elicit a response from the
patient showing an ability to engage in a rational
decision-making process;
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The patient is likely to cause harm to self
or others or substantial damages to property of
another;
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The patient is not solely diagnosed with
one of the following mental disorders: alcohol or chemical
substance abuse; anti-social personality disorder; mental
retardation; organic personality syndrome; or an organic mental
disorder.
NOTE: All four of the above described
conditions must be applicable to the patient in order for the
patient to meet the legal definition of a person subject to
involuntary commitment because of mental illness.
Alcohol or substance abuse state statute criteria as
defined in K.S.A. 59-29b46(g):
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The patient lacks self-control as to the
use of alcoholic beverages or any substance as defined in K.S.A.
59-29b46;
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The patient is incapacitated, in that as
a result of the use of alcohol or any substance defined in K.S.A.
59-29b46(k), the patient has impaired judgment resulting in the
patient being incapable of realizing and making a rational
decision with respect to the need for treatment; or, the patient
lacks sufficient understanding or the capability to make or
communicate responsible decisions concerning either the
patient's well-being or their estate;
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The patient is likely to cause harm to self
or others or substantial damage to property of
another.
NOTE: All three of the above
described conditions must be applicable to the patient in order for
the patient to meet the legal definition of a person subject to
involuntary commitment because of alcohol or substance abuse
problems.
NOTE: At this time, there are NO PUBLICLY
FUNDED LOCKED TREATMENT PROGRAMS for alcohol or substance abuse
problems in the State of Kansas. Regardless of the court
order, the patient can check him or herself out of treatment at any
time.
Reserving a bed and
Obtaining a statement from a Qualified Mental Health Professional
The two agencies listed below may provide guidance
in pursuing involuntary commitment. If the patient is not in a
treatment facility and you are unable to obtain a bed reservation,
or the proper certificate, you must contact a screener at one of the
following public agencies:
For a mental petition you need to contact a screener
at COMCARE, 934 N. Water, Wichita, KS 67203, 660-7525
For a substance abuse or alcohol petition you need
to contact a screener at S.A.A.C.K. (The Substance Abuse Assessment
Center of Kansas), 731 N. Water, Suite 2, Wichita, KS 67203.
267-3825
To talk with the Court Clerk of the Probate Care and
Treatment Office, dial 316-383-7317
If you have questions about care and treatment
procedures, call the District Attorney's Office at 660-3700 and ask
for the Care and Treatment attorney.
©, Copyright, 1989-2006, District Attorney Nola
Tedesco Foulston, 18th Judicial District of Kansas
last update:
09/25/07
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