Arizona Law

Arizona State Law for court-ordered drug rehab and involuntary assessment, commitment, and treatment for mental health disorders on both an inpatient and outpatient basis. Title 36 is an order to initiate an involuntary mental health assessment in the State of Arizona.

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Title 36 Diversions for the State of Arizona Mental Health Civil Commitment

Preceedings

These proceedings include Court-ordered evaluation (COE) hearings, Court-ordered treatment (COT) hearings, and status review hearings on all COT cases as well as hearings under the jurisdiction of the Psychiatric Security Review Board (PSRB).

When someone who is mentally ill does not wish to seek treatment or wishes to terminate treatment against medical advice, they may find themselves in court, going through a process designed to provide treatment pursuant to a court order. The Court may order that the person be committed to a suitable treatment facility. The length of the Order for Treatment will not exceed one year and the patient is entitled to a period of mandatory local treatment for at least 25 days at one of several mental health treatment agencies. Before this can happen, however, the Court must find that the person, as a result of a mental disorder, meets at least one of the following four criteria:

  • Is a Danger to Him/herself
  • Is a Danger to Others
  • Is Persistently or Acutely Disabled
  • Is Gravely Disabled

Supporting the Recovery Process

If the Court finds by clear and convincing evidence that the patient is suffering a mental disorder and meets one or more of the four criteria, the Court will enter an Order for Treatment. The length and terms will vary. At the expiration of the court-ordered treatment, the patient may be unconditionally released by the treating agency. If further in-patient treatment is indicated, the patient must be re-petitioned, and the process outlined above is repeated.

State laws are in place to support court-ordered involuntary treatment. Nevertheless, careful planning with a unified approach is essential for successfully using the laws to significantly increase the long term prognosis for your loved one’s recovery.

Although we do not provide legal advice, we do provide services to help support the recovery process for all impacted by mental illness and substance abuse throughout the State of Arizona.