Arizona Severe Mental Illness Information, Laws, & Helpful Resources

Both emergency and non-emergent applications for evaluation are filed with a screening agency (aka behavioral health agency). It is the behavioral health agency that files a petition for evaluation with the court for a court-ordered evaluation. Application for Non-Emergent Evaluation: ARIZ. REV. STAT. § 36-520(A). Any responsible individual may apply for a court-ordered evaluation of a person who is alleged to be, as a result of a mental disorder, a danger to self or to others or a person with a persistent or acute disability or a grave disability and who is unwilling or unable to undergo a voluntary evaluation. The application shall be made in the prescribed form and manner as adopted by the director. ARIZ. REV. STAT. § 36-520(B). The application for evaluation shall include the following data: 1. The name, and address if known, of the proposed patient for whom evaluation is applied. 2. The age, date of birth, sex, race, marital status, occupation, social security number, present location, dates and places of previous hospitalizations, names and addresses of the guardian, spouse, next of kin and significant other persons and other data that the director may require on the form to whatever extent that this data is known and is applicable to the proposed patient. 3. The name, address and relationship of the person who is applying for the evaluation. 4. A statement that the proposed patient is believed to be, as a result of a mental disorder, a danger to self or to others or a patient with a persistent or acute disability or a grave disability and the facts on which this statement is based. 5. A statement that the applicant believes the proposed patient is in need of supervision, care and treatment and the facts on which this statement is based. ARIZ. REV. STAT. § 36-520(D). The screening agency shall offer assistance to the applicant in preparation of the application. On receipt of the application, the screening agency shall act as prescribed in section 36-521 within forty-eight hours of the filing of the application excluding weekends and holidays. If the application is not acted upon within forty-eight hours, the reasons for not acting promptly shall be reviewed by the director of the screening agency or the director's designee. ARIZ. REV. STAT. § 36-521(A). On receiving the application for evaluation, the screening agency, before filing a petition for court-ordered evaluation, shall provide prepetition screening within forty-eight hours excluding weekends and holidays when possible to determine whether there is reasonable cause to believe the allegations of the applicant for the court-ordered evaluation, whether the person will voluntarily receive evaluation at a scheduled time and place and whether the person has a persistent or acute disability or a grave disability or is likely to present a danger to self or others until the voluntary evaluation. Application for Emergency Evaluation: ARIZ. REV. STAT. § 36-524(A). A written application for emergency admission shall be made to an evaluation agency before a person may be hospitalized in the agency. ARIZ. REV. STAT. § 36-524 (B). The application for emergency admission shall be made by a person with knowledge of the facts requiring emergency admission. The applicant may be a relative or friend of the person, a peace officer, the admitting officer or another responsible person. ARIZ. REV. STAT. § 36-524(C). The application shall be made on a prescribed form and shall include the following: 1. A statement by the applicant that the applicant believes that the person, as a result of a mental disorder, is a danger to self or others or has a persistent or acute disability or a grave disability, and is unable or unwilling to undergo voluntary evaluation and that during the time necessary to complete the prepetition screening procedures set forth in sections 36-520 and 36-521 the person is likely without immediate hospitalization to suffer serious physical harm or serious illness or is likely to inflict serious physical harm on another person. 2. The specific nature of the harm or illness the person is likely to suffer or inflict without immediate hospitalization. 3. A summary of the facts that support the statements made by the applicant, including the observations of persons who witnessed the events described in the statements or the behaviors of the person who is the subject of the application. 4. The signature of the applicant. ARIZ. REV. STAT. § 36-524(A). A. [A] peace officer may take into custody any individual the peace officer has probable cause to believe is, as a result of mental disorder, a danger to self or others, and if during the time necessary to complete the prepetition screening procedures set forth in sections 36-520 and 36-521 the person is likely without immediate hospitalization to suffer serious physical harm or serious illness or to inflict serious physical harm on another person. The peace officer shall transport the person to a screening agency unless the person’s condition or the agency’s location or hours makes such transportation impractical, in which event the person shall be transported to an evaluation agency. A peace officer is not held civilly liable for any acts committed by a person whom the peace officer has not taken into custody pursuant to this section. ARIZ. REV. STAT. §36-527 (A). A person taken into custody for emergency admission may not be detained longer than twenty-four hours excluding weekends and holidays following such detention unless a petition for court-ordered evaluation is filed. Petition for Evaluation: *There is a pending bill to this legislative session that may impact this statute and process - AZ HB2744 | BillTrack50. However, as of March 11, 2024 only the screening agencies have direct access to the court as provided in the below statutes. ARIZ. REV. STAT. §36-521(D). If, based on the allegations of the applicant for the court-ordered evaluation and the prepetition screening report or other information obtained while attempting to conduct a prepetition screening, the agency determines that there is reasonable cause to believe that the proposed patient is, as a result of mental disorder, a danger to self or to others or has a persistent or acute disability or a grave disability and that the proposed patient is unable or unwilling to voluntarily receive evaluation or is likely to present a danger to self or to others, has a grave disability or will further deteriorate before receiving a voluntary evaluation, the agency shall prepare a petition for court-ordered evaluation and shall file the petition, which shall be signed by the person who prepared the petition unless the county attorney performs these functions. If the agency determines that there is reasonable cause to believe that the person is in such a condition that without immediate hospitalization he is likely to harm himself or others, the agency shall take all reasonable steps to procure such hospitalization on an emergency basis. ARIZ. REV. STAT. §36-523(D). A petition and other forms required in a court may be filed only by the screening agency that has prepared the petition. Order for Inpatient Evaluation time limit: ARIZ. REV. STAT. §36-530(B). A person receiving an evaluation on an inpatient basis will remain in the facility during the evaluation, which shall be completed in less than seventy-two hours.

ARIZ. REV. STAT. § 36-531(B). If it is determined on an evaluation of the patient's condition that the patient [meets the state commitment standard], the medical director in charge of the agency that provided the evaluation … shall prepare, sign and file a petition for court-ordered treatment unless the county attorney performs the functions of preparing, signing or filing the petition[.] ARIZ. REV. STAT. § 36-540(A). If the court finds by clear and convincing evidence that the proposed patient, as a result of mental disorder, is a danger to self, is a danger to others, has a persistent or acute disability or a grave disability and is in need of treatment, and is either unwilling or unable to accept voluntary treatment, the court shall order the patient to undergo [inpatient and/or outpatient treatment]. ARIZ. REV. STAT. § 36-501(8). “Danger to others” means that the judgment of a person who has a mental disorder is so impaired that the person is unable to understand the person’s need for treatment and as a result of the person’s mental disorder the person’s continued behavior can reasonably be expected, on the basis of competent medical opinion, to result in serious physical harm. ARIZ. REV. STAT. § 36-501(9). "Danger to self": (a) Means behavior that, as a result of a mental disorder: i. Constitutes a danger of inflicting serious physical harm on oneself, including attempted suicide or the serious threat thereof, if the threat is such that, when considered in the light of its context and in light of the individual’s previous acts, it is substantially supportive of an expectation that the threat will be carried out. ii. Without hospitalization will result in serious physical harm or serious illness to the person. (b) Does not include behavior that establishes only the condition of having a grave disability. ARIZ. REV. STAT. § 36-501(16). “Grave disability” means a condition evidenced by behavior in which a person, as a result of a mental disorder, is likely to come to serious physical harm or serious illness because the person is unable to provide for the person’s own basic physical needs. ARIZ. REV. STAT. § 36-501(33). "Persistent or acute disability" means a severe mental disorder that meets all the following criteria: (a) Significantly impairs judgment, reason, behavior or capacity to recognize reality. (b) If not treated, has a substantial probability of causing the person to suffer or continue to suffer severe and abnormal mental, emotional or physical harm. (c) Substantially impairs the person’s capacity to make an informed decision regarding treatment, and this impairment causes the person to be incapable of understanding and expressing an understanding of the advantages and disadvantages of accepting treatment and understanding and expressing an understanding of the alternatives to the particular treatment offered after the advantages, disadvantages and alternatives are explained to that person. (d) Has a reasonable prospect of being treatable by outpatient, inpatient or combined inpatient and outpatient treatment.