DCR 3.605 Involuntary Commitment for Care and Treatment

A. Hearings

1. Petitioner to be Present - No person may cause an action to be commenced, ie., be a petitioner, and then fail to appear at the hearings necessary to fully adjudicate the matter. Failure to appear will be considered cause for the matter to be dismissed and the costs in the matter, including all attorney fees, to be assessed against such petitioner.

2. Location of Hearings - All hearings shall be held at the Shawnee County Courthouse. Provided, the Court may, in its discretion, determine the interests of justice are better served by holding the hearing at the treatment facility and appropriate facilities are available to conduct such hearing.

3. Proposed Patient as Witness - The proposed patient may be called as a witness by either party.

4. Judicial Notice of Earlier Presented Evidence - Upon request by either party the Court may take judicial notice of and consider, as evidence, all testimony or evidence otherwise admitted in any earlier hearing conducted in the same case.

  • [Comment: An example would be any evidence presented at the temporary custody hearing, in conformity with the rules of evidence, may be considered at the trial when the matter is tried to the Court only.] 

5. Written Reports as Evidence - The written report required by K.S.A. 59-2914(a), when submitted in accordance with the requirements thereof, shall be considered as a part of the evidence of the case at any hearing held in the matter if the doctor who prepared such report is present for cross-examination or if such doctor has been excused by agreement of the parties and with approval of the Court.

Adopted: July 16, 2008