When there is reason to believe a person may have a mental illness such that they are exhibiting behavior that may be harmful to that person or others, an involuntary commitment proceeding may be necessary. The County Attorney will prepare all necessary papers and appear at hearings to present evidence from Qualified Mental Health Professionals to assist the Court in determining whether a person needs evaluation and treatment in a treatment facility.
Typically, the County Attorney receives a Mental Health Screening Report from an area physician, psychologist, therapist, or other licensed mental health professional concerning a person's current behavior. A petition is filed in Court, and the person is admitted into a state facility
for evaluation. If the person's condition is determined to threaten their safety or the safety of others or that person cannot make rational decisions about their need for treatment, the Court can order an Order of Commitment to a State Hospital. Periodic reviews are required to ensure the person's needs are met and monitor the treatment process. The goal is to return the person to the
community with the appropriate treatment or counseling to be productive and for the community to be safe from their behavior.
Statutes governing Care and Treatment proceedings can be found in Chapter 59 of the Kansas Probate Code.
