Kansas Involuntary Commitment

HIJ Action Lab filed this request with the Kansas Department for Aging and Disability Services of Kansas.
Submitted Oct. 26, 2020
Status
Completed

Communications

From: HIJ Action Lab

Subject: The Kansas Open Records Act Request: Kansas Involuntary Commitment

Email

To Whom It May Concern:

The Health in Justice Action Lab at Northeastern University is interested in Kansas’s involuntary commitment programs under the Care and Treatment Act for Persons with an Alcohol or Substance Abuse Problem (K.S.A. §§ 59-29b01 — 59-29b84). Specifically, we are looking for data concerning individuals civilly committed for substance use and addiction treatment, the programmatic offerings for those individuals, and Kansas’s response to COVID-19 in its civil commitment system.

In order to permit the public to understand how the state of Kansas is administering involuntary commitment, the outcomes of that program, and the impact on Kansas’s public health, the Health in Justice Action Lab is making this request pursuant to K.S.A. § 45-215 et. seq. for the following records:

1. State-wide volume. Any record showing the number of people who were civilly committed for substance use and addiction in each year since 2015 to the latest available.

2. Demographic information. Any and all records reflecting de-identified demographic summary statistics, including (but not necessarily limited to) race, gender, age, and pregnancy status, pertaining to individuals who have been civilly committed for substance use and addiction, from 2015 to latest available.

3. Facility information. Summary statistics, reports, or relevant documentation detailing facilities that are used to house people civilly commitment for substance use and addiction, including the following information:
a) Summary of the number of individuals committed to each individual facility for substance use in each year since 2015, to latest available.
b) For each facility housing people civilly committed for substance use, summary of the number of individuals also being held on criminal charges in those same facilities
c) Which facilities employ or contract health care providers licensed to prescribe methadone and/or buprenorphine.
d) Number of individuals each facility is licensed to house.
e) State agency managing each facility housing people civilly committed for substance use disorder.
f) Any and all documentation noting the number of non-fatal and fatal overdose incidents within each facility housing people civilly committed for substance use disorder in each year since 2015.

4. Financial information. Summary statistics, reports, or relevant documentation regarding government resources or insurance funds that are used to pay for civil commitment for substance use/addiction in each year since 2015.

5. Re-entry planning. Any and all documentation regarding the re-entry planning process for people discharged from civil commitment for substance use disorder, including:
a) Overdose education and naloxone distribution
b) Linkage to treatment in the community
c) Linkage to housing in the community
d) Insurance assistance
e) Any other support or health services

6. External overdose data. Any and all documentation noting the number of overdose incidents of patients within 1 year of re-entry from civil commitment for substance use disorder/addiction in each year since 2015.
Because this request involves a matter of public concern and because it is made on behalf of a nonprofit organization, we ask that you waive any fees. If you decide not to waive fees, we request that you permit us to examine, at our election, the responsive documents before deciding which portions to transmit. We prefer the documents in electronic format.

Should you determine that some portion of the documents requested are exempt from disclosure, please release any reasonably segregable portions that are not exempt. In addition, please note the applicable statutory exemption and explain why it applies to the redacted portions. As you know, a custodian of public records shall comply with a request within 3 business days, as the statute requires days after receipt.

Thank you for your assistance. We look forward to your response.

Sincerely,

Louis Miyara
Health in Justice Action Lab
Northeastern University

From: HIJ Action Lab

Subject: RE: The Kansas Open Records Act Request: Kansas Involuntary Commitment

Email

To Whom It May Concern:

I am following up regarding the Health in Justice Action Lab at Northeastern University request for information regarding Kansas’s involuntary commitment programs under the Care and Treatment Act for Persons with an Alcohol or Substance Abuse Problem (K.S.A. §§ 59-29b01 — 59-29b84).

Specifically, we are looking for data concerning individuals civilly committed for substance use and addiction treatment, the programmatic offerings for those individuals, and Kansas’s response to COVID-19 in its civil commitment system.

In order to permit the public to understand how the state of Kansas is administering involuntary commitment, the outcomes of that program, and the impact on Kansas’s public health, the Health in Justice Action Lab is making this request pursuant to K.S.A. § 45-215 et. seq. for the following records:

1. State-wide volume. Any record showing the number of people who were civilly committed for substance use and addiction in each year since 2015 to the latest available.

2. Demographic information. Any and all records reflecting de-identified demographic summary statistics, including (but not necessarily limited to) race, gender, age, and pregnancy status, pertaining to individuals who have been civilly committed for substance use and addiction, from 2015 to latest available.

3. Facility information. Summary statistics, reports, or relevant documentation detailing facilities that are used to house people civilly commitment for substance use and addiction, including the following information:
a) Summary of the number of individuals committed to each individual facility for substance use in each year since 2015, to latest available.
b) For each facility housing people civilly committed for substance use, summary of the number of individuals also being held on criminal charges in those same facilities
c) Which facilities employ or contract health care providers licensed to prescribe methadone and/or buprenorphine.
d) Number of individuals each facility is licensed to house.
e) State agency managing each facility housing people civilly committed for substance use disorder.
f) Any and all documentation noting the number of non-fatal and fatal overdose incidents within each facility housing people civilly committed for substance use disorder in each year since 2015.

4. Financial information. Summary statistics, reports, or relevant documentation regarding government resources or insurance funds that are used to pay for civil commitment for substance use/addiction in each year since 2015.

5. Re-entry planning. Any and all documentation regarding the re-entry planning process for people discharged from civil commitment for substance use disorder, including:
a) Overdose education and naloxone distribution
b) Linkage to treatment in the community
c) Linkage to housing in the community
d) Insurance assistance
e) Any other support or health services

6. External overdose data. Any and all documentation noting the number of overdose incidents of patients within 1 year of re-entry from civil commitment for substance use disorder/addiction in each year since 2015.
Because this request involves a matter of public concern and because it is made on behalf of a nonprofit organization, we ask that you waive any fees. If you decide not to waive fees, we request that you permit us to examine, at our election, the responsive documents before deciding which portions to transmit. We prefer the documents in electronic format.

Should you determine that some portion of the documents requested are exempt from disclosure, please release any reasonably segregable portions that are not exempt. In addition, please note the applicable statutory exemption and explain why it applies to the redacted portions. As you know, a custodian of public records shall comply with a request within 3 business days, as the statute requires days after receipt.

Thank you for your assistance. We look forward to your response.

Sincerely,

Louis Miyara
Health in Justice Action Lab
Northeastern University

From: Kansas Department for Aging and Disability Services

Subject: RE: Kansas Involuntary Commitment

Email

Louis,

Your fax was received by our office. Please be advised that KDADS sent the below acknowledgement to your request on March 31, 2021. Staff is still in the process of gathering and reviewing materials responsive to your request. Once an update regarding your request is available you will be notified immediately.

Thank you,

Jessica Collins-Rogers
Legal Program Coordinator
Kansas Department for Aging & Disability Services
503 S Kansas Avenue
Topeka, KS 66603
jessica.collinsrogers@ks.gov<mailto:jessica.collinsrogers@kdads.ks.gov>

Visit our website at: www.kdads.ks.gov<https://gcc01.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.kdads.ks.gov%2F&data=02%7C01%7CJessica.ColllinsRogers%40ks.gov%7C3b3337be2aeb4a5c8ab208d853fe5dd6%7Cdcae8101c92d480cbc43c6761ccccc5a%7C0%7C0%7C637351699240646226&sdata=%2BT6K%2BQmW9bkhO5PO8U8fxF62hmWfDjxPY%2B2ez6JZXeE%3D&reserved=0>

Email Confidentiality Statement: This message and accompanying documents are covered by the Electronic Communications Privacy Act, 18 U.S.C. Sections 2510-2521, and contain information intended for the specified individual(s) only. This information is confidential. If you are not the intended recipient or an agent responsible for delivering it to the intended recipient, you are hereby notified that you have received this document in error and that any review, dissemination, copying, or the taking of any action based on the contents of this information is strictly prohibited. If you have received this communication in error, please notify me immediately by E-mail, and delete the original message. Thank you.

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From: Kansas Department for Aging and Disability Services

Subject: Kansas Involuntary Commitment

Email

Thank you for your record request, which we received on July 22, 2022. Consistent with Kansas Open Records Act, K.S.A. § 45-215 through 45-223, we have begun the process of determining if the Kansas Department for Aging and Disability Services possesses any public records responsive to your request, and we will provide you with one or more of the following as soon as possible:

1. Copies of the requested public records;
2. A statement concerning our inability to locate any public records responsive to your request;
3. A request for clarification concerning the types of records or information you seek;
4. A statement that records responsive to your request exist and are closed by law with an explanation of the legal basis allowing the records to be closed; or
5. An estimate of the fees for the actual cost of responding to your request and that must be prepaid before records are produced.

If the records can be provided with less than one hour of staff time and involve no more than 100 pages, there will be no charge. If responsive public records exist but are voluminous, difficult to locate, or contain a mix of open and closed information, it is likely that prepaid fees will be required.

Please let me know if you have any questions about this process. KDADS will contact you again as soon as possible regarding the status of your request.

From: Kansas Department for Aging and Disability Services

Subject: Kansas Involuntary Commitment

Email

In order to permit the public to understand how the state of Kansas is administering involuntary commitment, the outcomes of that program, and the impact on Kansas's public health, the Health in Justice Action Lab is making this request pursuant to K.S.A. § 45-215 et. seq. for the following records:

1. State-wide volume. Any record showing the number of people who were civilly committed for substance use and addiction in each year since 2015 to the latest available. See attached spreadsheet

2. Demographic information. Any and all records reflecting de-identified demographic summary statistics, including (but not necessarily limited to) race, gender, age, and pregnancy status, pertaining to individuals who have been civilly committed for substance use and addiction, from 2015 to latest available.

3. Facility information. Summary statistics, reports, or relevant documentation detailing facilities that are used to house people civilly commitment for substance use and addiction, including the following information:
a. Summary of the number of individuals committed to each individual facility for substance use in each year since 2015, to latest available. See attached spreadsheet
b. For each facility housing people civilly committed for substance use, summary of the number of individuals also being held on criminal charges in those same facilities. This population is fluid and changes daily. Criminal beds: AAC: 0, OSH: 60 beds (these can be switched to Care and Treatment beds as they are not locked into criminal only), LSH: 78 beds.
c. Which facilities employ or contract health care providers licensed to prescribe methadone and/or buprenorphine. Larned State Hospital, Osawatomie State Hospital, and Adair Acute Care
d. Number of individuals each facility is licensed to house. Licensed: AAC 60, OSH: 116 (60 Criminal, 56 Care and Treatment), LSH: 602 KDHE licensed beds
e. State agency managing each facility housing people civilly committed for substance use disorder. Kansas Department for Aging and Disability Services
f. Any and all documentation noting the number of non-fatal and fatal overdose incidents within each facility housing people civilly committed for substance use disorder in each year since 2015. This data is not collected in an easily identifiable fashion and will not be produced due to being an unduly burdensome task as each individuals chart since 2015 would need reviewed. See K.S.A. 45-218(e) <https://www.ksrevisor.org/statutes/chapters/ch45/045_002_0018.html>

Financial information. Summary statistics, reports, or relevant documentation regarding government resources or insurance funds that are used to pay for civil commitment for substance use/addiction in each year since 2015. - State General Funds. K.S.A. 59-29b81.
4.

5. Re-entry planning. Any and all documentation regarding the re-entry planning process for people discharged from civil commitment for substance use disorder, including:
a. Overdose education and naloxone distribution
b. Linkage to treatment in the community
c. Linkage to housing in the community
d. Insurance assistance

e. Any other support or health services

The treating psychiatrist will review medications with patients and provide them with necessary education on side effects, dosages, etc. Nursing staff will also review discharge medications with patients at the time of discharge. Social workers may discuss substance abuse treatment with the patient if the patient is willing to participate in an assessment. If housing is a concern then the social worker will also review available options with the patient and see what the patient is willing to consider, such as independent living, transitional living, shelter, nursing home, etc. If the patient does not have insurance, and the patient agrees and signs a release of information, staff social workers will apply for the patient to get prescription assistance through Prescription Network of Kansas. Most patients will discharge with a follow-up appointment at their local community mental health center and establish ongoing care there.

6. External overdose data. Any and all documentation noting the number of overdose incidents of patients within 1 year of re-entry from civil commitment for
substance use disorder/addiction in each year since 2015. Data is not collected past discharge

Jessica Collins-Rogers
Legal Program Coordinator
Kansas Department for Aging & Disability Services
503 S Kansas Avenue
Topeka, KS 66603
jessica.collinsrogers@ks.gov<mailto:jessica.collinsrogers@kdads.ks.gov>

Visit our website at: www.kdads.ks.gov<https://gcc01.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.kdads.ks.gov%2F&data=02%7C01%7CJessica.ColllinsRogers%40ks.gov%7C3b3337be2aeb4a5c8ab208d853fe5dd6%7Cdcae8101c92d480cbc43c6761ccccc5a%7C0%7C0%7C637351699240646226&sdata=%2BT6K%2BQmW9bkhO5PO8U8fxF62hmWfDjxPY%2B2ez6JZXeE%3D&reserved=0>

Email Confidentiality Statement: This message and accompanying documents are covered by the Electronic Communications Privacy Act, 18 U.S.C. Sections 2510-2521, and contain information intended for the specified individual(s) only. This information is confidential. If you are not the intended recipient or an agent responsible for delivering it to the intended recipient, you are hereby notified that you have received this document in error and that any review, dissemination, copying, or the taking of any action based on the contents of this information is strictly prohibited. If you have received this communication in error, please notify me immediately by E-mail, and delete the original message. Thank you.

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