59-2902.
History: L. 1965, ch. 348, § 2; L. 1976, ch. 243, § 2; L. 1976, ch. 242, § 69; L. 1977, ch. 199, § 1; L. 1978, ch. 223, § 1; L. 1982, ch. 238, § 1; L. 1986, ch. 211, § 2; L. 1988, ch. 202, § 1; L. 1990, ch. 92, § 17; L. 1993, ch. 225, § 3; Repealed, L. 1996, ch. 167, § 65; April 18.
CASE ANNOTATIONS
1. In reviewing involuntary commitment proceeding, there must be a reasonable inference the patient is mentally impaired and is presently dangerous to himself, herself or others. In re Gatson, 3 Kan. App. 2d 265, 266, 268, 269, 593 P.2d 423.
2. Cited; duties of police officer discussed; immunity for performance of general public duties. Hendrix v. City of Topeka, 231 Kan. 113, 121, 643 P.2d 129 (1982).
3. Duty owed to patient and public by superintendent of state hospital and physicians employed; liability for release of dangerous patient. Durflinger v. Artiles, 234 Kan. 484, 491, 673 P.2d 86 (1983).
4. Liability of state hospital and physicians shown in wrongful death action where discharged patient known to be dangerous. Durflinger v. Artiles, 563 F. Supp. 322, 324.
5. Veterans hospital's lack of duty to prevent release of voluntary psychiatric patient with known violent tendencies examined. Hokansen v. U.S., 868 F.2d 372, 376 (10 th Cir. 1989).
6. No constitutional requirement that proposed patient be in imminent or present danger or has recently committed overt serious act. In re Treatment of Albright, 17 Kan. App. 2d 135, 136, 836 P.2d 1 (1992).
7. Noted in opinion holding current statutes (K.S.A. 22-3428 et seq.) regarding continued commitment of insanity acquittee unconstitutional; court engrafts new requirements. In re Application of Noel for Discharge Hearing, 17 Kan. App. 2d 303, 310, 838 P.2d 336 (1992).
8. Cause of action for negligent release of mental patient by physician does not apply to voluntary patients. Boulanger v. Pol, 258 Kan. 289, 298, 900 P.2d 823 (1995).
9. Sexually violent predator act held unconstitutional violation of substantive due process. In re Care & Treatment of Hendricks, 259 Kan. 246, 261, 912 P.2d 129 (1996).
10. Provision in K.S.A. 59-2946 excluding persons suffering from organic mental disorder from being involuntarily committed held not unconstitutionally vague. In re Vanderblomen, 264 Kan. 676, 680, 956 P.2d 1320 (1998).
11. Inability to care for oneself by not eating and attempting to walk to California evidence person might be a danger to oneself. Hesler v. Osawatomie State Hospital, 620 Kan. 616, 620, 971 P.2d 1169 (1999).
12. Principles of res judicata discussed and applied in second commitment proceeding. In re Care & Treatment of Sporn, 289 Kan. 681, 215 P.3d 615 (2009).
13. Secretary of SRS cannot legally comply with order pursuant to K.S.A. 22-3303(1) and K.S.A. 59-2945 et seq. if incompetency is due to traumatic brain injury. State v. Johnson, 289 Kan. 870, 218 P.3d 46 (2009).
|