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| 55 | 66 | | An Act |
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| 58 | 69 | | |
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| 59 | 70 | | amending sections 36-520, 36-530 and 36-531, Arizona Revised Statutes; relating to court-ordered evaluations. |
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| 65 | 76 | | (TEXT OF BILL BEGINS ON NEXT PAGE) |
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| 69 | 80 | | Be it enacted by the Legislature of the State of Arizona: Section 1. Section 36-520, Arizona Revised Statutes, is amended to read: START_STATUTE36-520. Application for evaluation; definition 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. B. The application for evaluation shall include the following data, if known: 1. The name and address 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, agent under a health care power of attorney or mental health care power of attorney, 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 exhibiting behaviors that may be consistent with a mental disorder and 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 from the applicant of whether the applicant believes that the proposed patient is or is not willing or able to undergo voluntary evaluation and the facts on which this statement is based. 6. A statement of the proposed patient's relevant history of mental health diagnosis, treatment recommended or provided and compliance with the treatment recommended or provided. 7. A statement that the applicant believes the proposed patient is in need of screening, evaluation, supervision, care and treatment and the facts on which this statement is based. 8. Copies of all documents relating to guardianship or powers of attorney that allow the guardian or agent to consent to inpatient psychiatric treatment, which shall be attached to the application if available at the time of the application. 9. A statement by the applicant of whether the applicant believes that, without a period of inpatient observation, stabilization and assessment, or emergency inpatient psychiatric hospitalization, the proposed patient is likely to cause or endure serious physical harm or injury and the facts supporting that statement. 10. To the extent known, the names and contact information of persons other than the applicant who have witnessed the behavior exhibited by the proposed patient on which the application is based. The screening agency may not deny or refuse to process an application because no other witnesses have been identified. C. The application shall be signed and notarized. For an application made by a peace officer or a health care professional who is licensed pursuant to title 32, chapter 13, 15, 17 or 19.1, a copy of the application that contains the applicant's original signature is acceptable, does not have to be notarized and may be submitted as the written application. D. The screening agency shall offer assistance to the applicant in preparation of the application. On receipt of the application, the screening agency shall immediately note on the front of the application the time and date of receipt, shall log this information in a record of applications received by the screening agency and shall act as prescribed in section 36-521 within forty-eight hours after the filing of the application, excluding weekends and holidays. If the application is not acted on within forty-eight hours, excluding weekends and holidays, the reasons for not acting promptly shall be reviewed by the director of the screening agency or the director's designee and the reasons shall be stated in the report required by section 36-521, subsection B. E. If the applicant for the court-ordered evaluation presents the person to be evaluated at the screening agency, the agency shall conduct a prepetition screening examination. Except in the case of an emergency evaluation, the person to be evaluated shall not be detained or forced to undergo prepetition screening against the person's will. F. In the course of conducting a prepetition screening, the screening agency shall accept and consider information relevant to the present behavior and past behavioral health history of the proposed patient from persons who have a significant relationship with the proposed patient, including family members and guardians. G. If the applicant for the court-ordered evaluation does not present the person to be evaluated at the screening agency, the agency shall conduct the prepetition screening at the home of the person to be evaluated or any other place the person to be evaluated is found. If prepetition screening is not possible, the screening agency shall proceed as prescribed in section 36-521, subsection B. H. If a person is being treated by prayer or spiritual means alone in accordance with the tenets and practices of a recognized church or religious denomination by a duly accredited practitioner of that church or denomination, the person may not be ordered evaluated, detained or involuntarily treated unless the court has determined that the person is, as a result of mental disorder, a danger to others or to self. I. If the application is not acted on because it has been determined that the proposed patient does not need an evaluation, the medical director of the screening agency or the medical director's designee shall make a written statement of the reasons why the proposed patient does not need an evaluation and shall retain the application together with the medical director's statement and any records or reports concerning prepetition screening required pursuant to section 36-521. J. If the screening agency determines that the application should be denied or if the application is accepted but the screening agency declines to file a petition for court-ordered evaluation, the screening agency shall comply with the requirements of section 36-521, subsection C. If the screening of the proposed patient took place in a facility operated by the screening agency, the screening agency shall attempt to notify the applicant that the screening agency intends to release the proposed patient. The screening agency shall document the time and method of the notification or an unsuccessful attempt to notify the applicant. If requested by the applicant, the medical director of the screening agency or the medical director's designee shall provide the reason for the denial of the application or the decision not to file a petition for court-ordered evaluation if either: 1. The disclosure is not opposed by the person who was screened. 2. The person who was screened is deemed to lack capacity to make the decision to allow the disclosure and the disclosure is deemed to be in the person's best interest. K. For the purposes of this section, "person" includes a person who: 1. Is under eighteen years of age. 2. Has been transferred to the criminal division of the superior court pursuant to section 8-327 or who has been charged with an offense pursuant to section 13-501. 3. Is under the supervision of an adult probation department. END_STATUTE Sec. 2. Section 36-530, Arizona Revised Statutes, is amended to read: START_STATUTE36-530. Evaluation and treatment A. A person who is admitted to an evaluation agency shall receive an evaluation as soon as possible after the court's order for evaluation and, subject to the provisions of sections 36-512 and 36-513 concerning the person's right to refuse treatment, receive care and treatment as required by the person's condition for the full period that the person is hospitalized. A clinical record shall be kept for each person that details all medical and psychiatric evaluations and all care and treatment received by the person. 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. Filing with the court shall be completed within seventy-two hours after admission, excluding weekends and holidays. C. A person being evaluated on an outpatient basis will not remain in the facility overnight but will be examined during the usual outpatient working hours of the facility on a schedule of appointments. The evaluation will be completed not later than the fourth day after the first appointment, excluding Saturdays, Sundays and holidays. D. If a person who has been directed by court order to appear for evaluation does not appear, or in the case of an outpatient evaluation does not complete the appointments scheduled, the evaluation agency shall notify the court and the person's guardian, if any, of the known facts and circumstances and, if appropriate, request that the court order the patient taken into custody for evaluation on an inpatient basis. E. In the course of conducting an evaluation, the evaluation agency shall solicit, accept and consider information relevant to the present behavior and past behavioral health history of the proposed patient from persons known to the agency who have a significant relationship with the proposed patient, including family members and guardians. END_STATUTE Sec. 3. Section 36-531, Arizona Revised Statutes, is amended to read: START_STATUTE36-531. Evaluation; possible dispositions; release A. A person who is being evaluated on an inpatient basis in an evaluation agency shall be released if, in the opinion of the medical director of the agency, further evaluation is not appropriate unless the person applies for further care and treatment on a voluntary basis. B. If it is determined on an evaluation of the patient's condition that the patient is, as a result of a mental disorder, a danger to self or to others or has a persistent or acute disability or a grave disability, the medical director in charge of the agency that provided the evaluation, unless the person applies for further care and treatment on a voluntary basis, shall prepare, sign and file a petition for court-ordered treatment on the same or a succeeding court day unless the county attorney performs the functions of preparing, signing or filing the petition as provided in subsection C of this section. C. The agency may contact the county attorney to obtain assistance in preparing the petition for court-ordered treatment, and the agency may request the advice and judgment of the county attorney in reaching a decision as to whether court-ordered treatment is justified. D. A person who is being evaluated on an inpatient basis in an evaluation agency shall be released within seventy-two hours, excluding weekends and holidays, from after the time that the person is hospitalized pursuant to a court order for evaluation, unless the person applies for further care and treatment on a voluntary basis or unless a petition for court-ordered treatment has been filed pursuant to subsection B of this section. E. If a prosecutor filed a petition pursuant to section 13-4517, the medical director of an evaluation agency shall provide notice within twenty-four hours to the court and the prosecuting agency of the medical director's intention to release the person under this section. If the person has been remanded to an evaluation agency pursuant to section 13-4517, the evaluation agency shall detain the person for an additional twenty-four hours to allow for the provision of any required notices. The medical director shall provide the patient's records, including medical and treatment records, to the court and the prosecuting agency. F. The administration may conduct jointly with a school district, directly or indirectly, an educational evaluation pursuant to sections 15-765 and 15-766 for nonadjudicated youth. The evaluation information may be shared by and among authorized personnel employed by the administration and the department of education, or authorized personnel from the local education agency, for purposes of ensuring the provision of special education and related services as required by the individuals with disabilities education act (20 United States Code sections 1400 through 1415). G. If a person who is being evaluated on an inpatient basis is released pursuant to this section, the medical director of the evaluation agency shall make a written statement on a form and in a manner prescribed by the director stating why further evaluation was not appropriate and why release was appropriate. A copy of this written statement shall be filed with the court that entered the order for court-ordered evaluation to be filed as a part of the court record and shall be made a part of the patient's medical record. END_STATUTE |
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| 70 | 81 | | |
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| 71 | 82 | | Be it enacted by the Legislature of the State of Arizona: |
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| 72 | 83 | | |
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| 73 | 84 | | Section 1. Section 36-520, Arizona Revised Statutes, is amended to read: |
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| 74 | 85 | | |
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| 75 | 86 | | START_STATUTE36-520. Application for evaluation; definition |
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| 76 | 87 | | |
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| 77 | 88 | | 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. |
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| 78 | 89 | | |
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| 79 | 90 | | B. The application for evaluation shall include the following data, if known: |
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| 80 | 91 | | |
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| 81 | 92 | | 1. The name and address of the proposed patient for whom evaluation is applied. |
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| 82 | 93 | | |
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| 83 | 94 | | 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, agent under a health care power of attorney or mental health care power of attorney, 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. |
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| 84 | 95 | | |
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| 85 | 96 | | 3. The name, address and relationship of the person who is applying for the evaluation. |
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| 86 | 97 | | |
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| 87 | 98 | | 4. A statement that the proposed patient is exhibiting behaviors that may be consistent with a mental disorder and 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. |
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| 88 | 99 | | |
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| 89 | 100 | | 5. A statement from the applicant of whether the applicant believes that the proposed patient is or is not willing or able to undergo voluntary evaluation and the facts on which this statement is based. |
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| 90 | 101 | | |
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| 91 | 102 | | 6. A statement of the proposed patient's relevant history of mental health diagnosis, treatment recommended or provided and compliance with the treatment recommended or provided. |
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| 92 | 103 | | |
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| 93 | 104 | | 7. A statement that the applicant believes the proposed patient is in need of screening, evaluation, supervision, care and treatment and the facts on which this statement is based. |
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| 94 | 105 | | |
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| 95 | 106 | | 8. Copies of all documents relating to guardianship or powers of attorney that allow the guardian or agent to consent to inpatient psychiatric treatment, which shall be attached to the application if available at the time of the application. |
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| 96 | 107 | | |
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| 97 | 108 | | 9. A statement by the applicant of whether the applicant believes that, without a period of inpatient observation, stabilization and assessment, or emergency inpatient psychiatric hospitalization, the proposed patient is likely to cause or endure serious physical harm or injury and the facts supporting that statement. |
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| 98 | 109 | | |
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| 99 | 110 | | 10. To the extent known, the names and contact information of persons other than the applicant who have witnessed the behavior exhibited by the proposed patient on which the application is based. The screening agency may not deny or refuse to process an application because no other witnesses have been identified. |
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| 100 | 111 | | |
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| 101 | 112 | | C. The application shall be signed and notarized. For an application made by a peace officer or a health care professional who is licensed pursuant to title 32, chapter 13, 15, 17 or 19.1, a copy of the application that contains the applicant's original signature is acceptable, does not have to be notarized and may be submitted as the written application. |
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| 102 | 113 | | |
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| 103 | 114 | | D. The screening agency shall offer assistance to the applicant in preparation of the application. On receipt of the application, the screening agency shall immediately note on the front of the application the time and date of receipt, shall log this information in a record of applications received by the screening agency and shall act as prescribed in section 36-521 within forty-eight hours after the filing of the application, excluding weekends and holidays. If the application is not acted on within forty-eight hours, excluding weekends and holidays, the reasons for not acting promptly shall be reviewed by the director of the screening agency or the director's designee and the reasons shall be stated in the report required by section 36-521, subsection B. |
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| 104 | 115 | | |
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| 105 | 116 | | E. If the applicant for the court-ordered evaluation presents the person to be evaluated at the screening agency, the agency shall conduct a prepetition screening examination. Except in the case of an emergency evaluation, the person to be evaluated shall not be detained or forced to undergo prepetition screening against the person's will. |
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| 106 | 117 | | |
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| 107 | 118 | | F. In the course of conducting a prepetition screening, the screening agency shall accept and consider information relevant to the present behavior and past behavioral health history of the proposed patient from persons who have a significant relationship with the proposed patient, including family members and guardians. |
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| 108 | 119 | | |
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| 109 | 120 | | G. If the applicant for the court-ordered evaluation does not present the person to be evaluated at the screening agency, the agency shall conduct the prepetition screening at the home of the person to be evaluated or any other place the person to be evaluated is found. If prepetition screening is not possible, the screening agency shall proceed as prescribed in section 36-521, subsection B. |
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| 110 | 121 | | |
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| 111 | 122 | | H. If a person is being treated by prayer or spiritual means alone in accordance with the tenets and practices of a recognized church or religious denomination by a duly accredited practitioner of that church or denomination, the person may not be ordered evaluated, detained or involuntarily treated unless the court has determined that the person is, as a result of mental disorder, a danger to others or to self. |
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| 112 | 123 | | |
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| 113 | 124 | | I. If the application is not acted on because it has been determined that the proposed patient does not need an evaluation, the medical director of the screening agency or the medical director's designee shall make a written statement of the reasons why the proposed patient does not need an evaluation and shall retain the application together with the medical director's statement and any records or reports concerning prepetition screening required pursuant to section 36-521. |
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| 114 | 125 | | |
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| 115 | 126 | | J. If the screening agency determines that the application should be denied or if the application is accepted but the screening agency declines to file a petition for court-ordered evaluation, the screening agency shall comply with the requirements of section 36-521, subsection C. If the screening of the proposed patient took place in a facility operated by the screening agency, the screening agency shall attempt to notify the applicant that the screening agency intends to release the proposed patient. The screening agency shall document the time and method of the notification or an unsuccessful attempt to notify the applicant. If requested by the applicant, the medical director of the screening agency or the medical director's designee shall provide the reason for the denial of the application or the decision not to file a petition for court-ordered evaluation if either: |
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| 116 | 127 | | |
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| 117 | 128 | | 1. The disclosure is not opposed by the person who was screened. |
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| 118 | 129 | | |
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| 119 | 130 | | 2. The person who was screened is deemed to lack capacity to make the decision to allow the disclosure and the disclosure is deemed to be in the person's best interest. |
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| 120 | 131 | | |
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| 121 | 132 | | K. For the purposes of this section, "person" includes a person who: |
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| 122 | 133 | | |
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| 123 | 134 | | 1. Is under eighteen years of age. |
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| 124 | 135 | | |
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| 125 | 136 | | 2. Has been transferred to the criminal division of the superior court pursuant to section 8-327 or who has been charged with an offense pursuant to section 13-501. |
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| 126 | 137 | | |
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| 127 | 138 | | 3. Is under the supervision of an adult probation department. END_STATUTE |
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| 128 | 139 | | |
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| 129 | 140 | | Sec. 2. Section 36-530, Arizona Revised Statutes, is amended to read: |
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| 130 | 141 | | |
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| 131 | 142 | | START_STATUTE36-530. Evaluation and treatment |
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| 132 | 143 | | |
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| 133 | 144 | | A. A person who is admitted to an evaluation agency shall receive an evaluation as soon as possible after the court's order for evaluation and, subject to the provisions of sections 36-512 and 36-513 concerning the person's right to refuse treatment, receive care and treatment as required by the person's condition for the full period that the person is hospitalized. A clinical record shall be kept for each person that details all medical and psychiatric evaluations and all care and treatment received by the person. |
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| 134 | 145 | | |
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| 135 | 146 | | 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. Filing with the court shall be completed within seventy-two hours after admission, excluding weekends and holidays. |
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| 136 | 147 | | |
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| 137 | 148 | | C. A person being evaluated on an outpatient basis will not remain in the facility overnight but will be examined during the usual outpatient working hours of the facility on a schedule of appointments. The evaluation will be completed not later than the fourth day after the first appointment, excluding Saturdays, Sundays and holidays. |
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| 138 | 149 | | |
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| 139 | 150 | | D. If a person who has been directed by court order to appear for evaluation does not appear, or in the case of an outpatient evaluation does not complete the appointments scheduled, the evaluation agency shall notify the court and the person's guardian, if any, of the known facts and circumstances and, if appropriate, request that the court order the patient taken into custody for evaluation on an inpatient basis. |
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| 140 | 151 | | |
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| 141 | 152 | | E. In the course of conducting an evaluation, the evaluation agency shall solicit, accept and consider information relevant to the present behavior and past behavioral health history of the proposed patient from persons known to the agency who have a significant relationship with the proposed patient, including family members and guardians. END_STATUTE |
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| 142 | 153 | | |
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| 143 | 154 | | Sec. 3. Section 36-531, Arizona Revised Statutes, is amended to read: |
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| 144 | 155 | | |
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| 145 | 156 | | START_STATUTE36-531. Evaluation; possible dispositions; release |
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| 146 | 157 | | |
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| 147 | 158 | | A. A person who is being evaluated on an inpatient basis in an evaluation agency shall be released if, in the opinion of the medical director of the agency, further evaluation is not appropriate unless the person applies for further care and treatment on a voluntary basis. |
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| 148 | 159 | | |
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| 149 | 160 | | B. If it is determined on an evaluation of the patient's condition that the patient is, as a result of a mental disorder, a danger to self or to others or has a persistent or acute disability or a grave disability, the medical director in charge of the agency that provided the evaluation, unless the person applies for further care and treatment on a voluntary basis, shall prepare, sign and file a petition for court-ordered treatment on the same or a succeeding court day unless the county attorney performs the functions of preparing, signing or filing the petition as provided in subsection C of this section. |
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| 150 | 161 | | |
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| 151 | 162 | | C. The agency may contact the county attorney to obtain assistance in preparing the petition for court-ordered treatment, and the agency may request the advice and judgment of the county attorney in reaching a decision as to whether court-ordered treatment is justified. |
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| 152 | 163 | | |
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| 153 | 164 | | D. A person who is being evaluated on an inpatient basis in an evaluation agency shall be released within seventy-two hours, excluding weekends and holidays, from after the time that the person is hospitalized pursuant to a court order for evaluation, unless the person applies for further care and treatment on a voluntary basis or unless a petition for court-ordered treatment has been filed pursuant to subsection B of this section. |
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| 154 | 165 | | |
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| 155 | 166 | | E. If a prosecutor filed a petition pursuant to section 13-4517, the medical director of an evaluation agency shall provide notice within twenty-four hours to the court and the prosecuting agency of the medical director's intention to release the person under this section. If the person has been remanded to an evaluation agency pursuant to section 13-4517, the evaluation agency shall detain the person for an additional twenty-four hours to allow for the provision of any required notices. The medical director shall provide the patient's records, including medical and treatment records, to the court and the prosecuting agency. |
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| 156 | 167 | | |
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| 157 | 168 | | F. The administration may conduct jointly with a school district, directly or indirectly, an educational evaluation pursuant to sections 15-765 and 15-766 for nonadjudicated youth. The evaluation information may be shared by and among authorized personnel employed by the administration and the department of education, or authorized personnel from the local education agency, for purposes of ensuring the provision of special education and related services as required by the individuals with disabilities education act (20 United States Code sections 1400 through 1415). |
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| 158 | 169 | | |
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| 159 | 170 | | G. If a person who is being evaluated on an inpatient basis is released pursuant to this section, the medical director of the evaluation agency shall make a written statement on a form and in a manner prescribed by the director stating why further evaluation was not appropriate and why release was appropriate. A copy of this written statement shall be filed with the court that entered the order for court-ordered evaluation to be filed as a part of the court record and shall be made a part of the patient's medical record. END_STATUTE |
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