59-2401a. Appealable orders involving proceedings under chapter 59, when; bond.
59-2401a
59-2401a. Appealable orders involvingproceedings under chapter 59, when; bond.(a) An appeal by an interested party from a districtmagistrate judge to a district judge may be taken no later than 10 days fromany final order, judgment or decree entered in any proceeding pursuant to:
(1) The Kansas adoption and relinquishment act (K.S.A. 59-2111 et seq., andamendments thereto);
(2) the care and treatment act for mentally ill persons (K.S.A. 59-2945 etseq., and amendments thereto);
(3) the care and treatment act for persons with an alcohol or substance abuseproblem (K.S.A. 59-29b45 et seq., and amendments thereto); or
(4) the act for obtaining a guardian or conservator, or both (K.S.A. 59-3050et seq., and amendments thereto).
The appeal shall be heard no later than 30 days from the date the notice ofappeal is filed. If no record was made of the proceedings, the trial shall bede novo.Except as provided further, ifa record was made of the proceedings, the district judgeshall conduct the appeal on the record. Upon motion of any party to theproceedings, the district judge mayhold a trial de novo.
(b) An appeal by an interested party from the district court to an appellatecourt shall be taken pursuant to article 21 of chapter 60 of the KansasStatutes Annotated from any final order[,] judgment or decree entered inany proceeding pursuant to:
(1) The Kansas adoption and relinquishment act (K.S.A. 59-2111 et seq., andamendments thereto);
(2) the care and treatment act for mentally ill persons (K.S.A. 59-2945 etseq., and amendments thereto);
(3) the sexually violent predator act (K.S.A. 59-29a01 et seq., andamendments thereto);
(4) the care and treatment act for persons with an alcohol or substanceabuse problem (K.S.A. 59-29b45 et seq., and amendments thereto); or
(5) the act for obtaining a guardian or conservator, or both (K.S.A. 59-3050et seq., and amendments thereto).
Except for cases otherwise specifically provided for by law, appeals under thissection shall have priority over all others.
(c) Pending the determination of an appeal pursuant to section (a) or (b) ofthis section, any order appealed from shall continue in force unless modifiedby temporary orders entered by the court hearing the appeal. The supersedeasbond provided for in K.S.A. 60-2103, and amendments thereto, shall not stayproceedings under an appeal from the district court to an appellate court.
(d) In an appeal taken pursuant to section (a) or (b) of this section, thecourt from which the appeal is taken may require an appropriate party, otherthan the state of Kansas, any subdivision thereof, and all cities and countiesin this state, to file a bond in such sum and with such sureties as may befixed and approved by the court to ensure that the appeal will be prosecutedwithout unnecessary delay and to ensure the payment of all judgments and anysums, damages and costs that may be adjudged against that party.
(e) As used in this section, "interested party" means:
(1) The parent in a proceeding pursuant to the Kansas adoption andrelinquishment act (K.S.A. 59-2111 et seq., and amendments thereto);
(2) the patient under the care and treatment act for mentally ill persons(K.S.A. 59-2945 et seq., and amendments thereto);
(3) the patient under the care and treatment act for persons with an alcoholor substance abuse problem (K.S.A. 59-29b45 et seq., and amendments thereto);
(4) the person adjudicated a sexually violent predator under the sexuallyviolent predator act (K.S.A. 59-29a01 et seq., and amendments thereto);
(5) the ward or conservatee under the act for obtaining a guardian orconservator, or both (K.S.A. 59-3050 et seq., and amendments thereto);
(6) the parent of a minor person adjudicated a ward or conservatee under theact for obtaining a guardian or conservator, or both (K.S.A. 59-3050 et seq.,and amendments thereto);
(7) the petitioner in the case on appeal; and
(8) any other person granted interested party status by the court from whichthe appeal is being taken.
(f) This section shall be part of and supplemental to the Kansas probatecode.
History: L. 2006, ch. 56, § 1; July 1.