39-1405. Same; protective services; injunction.
39-1405
39-1405. Same; protectiveservices; injunction.(a) The secretary of aging shall forwardto the secretaryof social and rehabilitation services any findingwith respect to residents defined under(a)(1) of K.S.A. 39-1401, and amendments thereto, who may be in need ofprotective services. The secretary of health and environment shall forward tothe secretary of social and rehabilitation services any finding with respect toresidents defined under (a)(2) of K.S.A. 39-1401, and amendments thereto,who may be inneed of protective services. If the secretary of social and rehabilitationservices determines that a resident is in need of protective services, thesecretary of social and rehabilitation services shall provide the necessaryprotective services, if a resident consents, or if the resident lackscapacity to consent, the secretary may obtain consent from such resident'slegal representative. If a resident or such resident's legalrepresentative, or both, fails to consent and the secretary of social andrehabilitation services has reason to believe that such a resident lackscapacity to consent, the secretary of social and rehabilitation services shalldetermine pursuant to K.S.A. 39-1408 and amendments thereto whether a petitionfor appointment of a guardian or conservator, or both, should be filed.
(b) If the caretaker or legal representative, or both, of a residentwho has consented to the receipt of reasonable and necessary protectiveservices refuses to allow the provision of such services to such resident, thesecretary of social and rehabilitation services may seek to obtain aninjunction enjoining the caretaker or legal representative, or both,from interfering with the provision of protective services to theresident. The petition in such action shall allege specific facts sufficient toshow that the resident is in need of protective services and consents to theirprovision and that the caretaker or legal representative, or both,refuses to allow the provision of such services. If the judge, by clear andconvincing evidence, finds that the resident is in need of protectiveservices and has been prevented by the caretaker or legal representative, orboth, from receiving such services, the judge shall issue an orderenjoining the caretaker or legal representative, or both, frominterfering with the provision of protective services to the resident.The court may appoint a new legal representative if the court deems that itis in the best interest of the resident.
History: L. 1980, ch. 124, § 5; L. 1990, ch. 153, § 5;L. 2003, ch. 91, § 6; L. 2003, ch. 149, § 28; July 1.