Brief (1)
SB 119 extends to child in need of care, juvenile offender, and misdemeanor cases the requirement that community mental health screenings occur prior to admission to state psychiatric hospitals. SB 119 provides that before a court could order a person into a state psychiatric hospital, the person would have to be personally seen or their records and circumstances reviewed by a psychiatrist, psychologist, or other qualified mental health professional employed by a participating community mental health center. The bill requires a written statement from a qualified mental health professional be filed with the court before a person charged with a misdemeanor and in juvenile offender and child in need of care cases may be admitted to a state psychiatric hospital.
The bill clarifies that neither a mental health professional nor the participating community mental health center shall be liable for admission related decisions.
SB 119 would include in the Kansas Tort Claims Act (KTCA) immunity for persons under contract with the Kansas Guardianship Program who are serving as court-appointed guardians or conservators.
The bill also includes mental health centers and their employees under the KTCA.
Background
SB 119 was requested by the Kansas Department of Social and Rehabilitation Services. The screening required in the bill before admittance to a psychiatric hospital will result in consistent admissions criteria for all populations served by state psychiatric hospitals.
SB 119 would have no fiscal effect.
The provisions regarding the KTCA immunity for guardians or conservators are from 2001 HB 2509.
1. *Supplemental notes are prepared by the Legislative Research Department and do not express legislative intent. The supplemental note and fiscal note for this bill may be accessed on the Internet at http://www.ink.org/public/legislative/fulltext.cgi