Involuntary Commitment to Rehab in Kansas: Legal Process & Requirements

Under Kansas law, parents, guardians, conservators or spouses have the authority to go to a district court to present a petition for a judge to approve involuntary commitment for a psychiatric or substance abuse problem.

Significance

• The petitioner must establish that the subject is a danger to himself or to society before pursuing commitment proceedings. Evidence must be presented to the court and at least two witnesses must describe the dangerous behavior of the subject. The court sets a hearing date and orders a subsequent evaluation of the subject by an expert.

Time Frame

• Depending on the urgency of the situation, the process can take anywhere from 7 to 21 days. The hearing can be held in a home, in a courtroom or in a treatment facility or hospital. The subject of the hearing has the opportunity to be present at the hearing by filing a request with the court at least one day prior to the hearing.

Effects

• Once the court has ordered the ward into treatment, the treating facility, petitioner or the local law enforcement authorities can take the subject, against her will, to the institution or hospital. The patient needs to stay at the facility for the minimum amount of time as ordered by the court.