59-30,204.

401 words·~2 min read·/ks/chapter-59/59-30-104

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

59-30,204. Attendance and rights at hearings.

(a)Except as otherwise provided in subsection (b), a hearing under K.S.A. 59-30,196 through 59-30,207 , and amendments thereto, may not proceed unless the respondent attends the hearing. If it is not reasonably feasible for the respondent to attend a hearing at the location where court proceedings typically are held, the court shall make reasonable efforts to hold the hearing at an alternative location convenient to the respondent or allow the respondent to attend the hearing using real-time audio-visual technology.

(b)A hearing under K.S.A. 59-30,196 through 59-30,207 , and amendments thereto, may proceed without the respondent in attendance if the court finds by clear and convincing evidence that:

(1)The respondent is choosing not to attend the hearing after having been fully informed of the right to attend and the potential consequences of failing to do so;

(2)there is no practicable way for the respondent to attend and participate in the hearing even with appropriate supportive services and technological assistance; or

(3)the respondent is a minor who has received proper notice and attendance would be harmful to the minor.

(c)The respondent may be assisted in a hearing under K.S.A. 59-30,196 through 59-30,207 , and amendments thereto, by a person or persons of the respondent's choosing, assistive technology or an interpreter or translator, or a combination of these supports. If assistance would facilitate the respondent's participation in the hearing, but is not otherwise available to the respondent, the court shall make reasonable efforts to provide it.

(d)The respondent has a right to retain an attorney to represent the respondent at a hearing under K.S.A. 59-30,196 through 59-30,207 , and amendments thereto.

(e)At a hearing under K.S.A. 59-30,196 through 59-30,207 , and amendments thereto, the respondent may:

(1)Present evidence and subpoena witnesses and documents;

(2)examine witnesses, including any court-appointed evaluator and the court liaison; and

(3)otherwise participate in the hearing.

(f)A hearing under K.S.A. 59-30,196 through 59-30,207 , and amendments thereto, must be closed on request of the respondent and a showing of good cause.

(g)Any person may request to participate in a hearing under K.S.A. 59-30,196 through 59-30,207 , and amendments thereto. The court may grant the request, with or without a hearing, on determining that the best interest of the respondent will be served. The court may impose appropriate conditions on the person's participation.