Commitment Frequently Asked Questions
Q. How do I get the person to a treatment facility if they are unwilling to go?
A. You can call your local police department and ask for public assistance. Any law enforcement officer who has a reasonable belief formed upon investigation that a person is a mentally ill person and/or a person with an alcohol and/or substance abuse problem and because of such is likely to cause harm to self or others if allowed to remain at liberty may take the person into custody without a warrant.
The officer shall transport the person to a treatment facility where the person shall be examined by a physician or psychologist. See K.S.A. 59-2953 at Information Network of Kansas (INK) statutes page
Q. When do I contact the Office of the District Attorney?
A. Please phone the Office of the District Attorney commitment staff: Sandy Glazer, (913) 715-3035 or Pat Wright, (913) 715-3083, by 10:00 A.M. the day following the date of the person's admission to a treatment facility. You will be interviewed to establish whether or not you can supply the pertinent information to file a petition. An appointment will be set for you to come to the Office of the District Attorney to sign the petition. This must be done the day following the date of the person's admission to an inpatient facility.
Q. Will I be required to appear in court and testify?
A. Yes. Once the petition is signed by you and filed with the Court, a probable cause hearing is set within 48 hours of the filing of the petition. As a petitioner or as a close family member with pertinent information concerning the patient's history and recent behavior, you will likely have to testify at the probable cause hearing, the trial of the case or both.
Q. Can I stop this commitment action once it has been filed?
A. Once the case has been filed by the District Attorney's Office, the case will not be dismissed except on the medical advice of the doctors who evaluate the patient.
Q. What are the fees and costs associated with filing?
A. A filing fee of $27.50 is required at the time the petition is signed. Petitioner must have exact change or write a check made payable to Johnson County District Court. Attorney's fee for proposed patient's court appointed attorney is assessed by the Judge and can be charged to the patient, the petitioner or to the County general fund. Attorney's fees can also be assessed to husband, wife or family member.
