What are the standards for court ordered evaluation and treatment?

The standards are:

• Danger to Self (DTS) – Imminent risk of serious harm to oneself; does not have to be intentional.
• Danger to Others (DTO) – Imminent risk of serious harm to other people; does not have to be intentional.
• GD (Grave Disability) – Inability to care for basic daily needs of food, clothing, shelter, medical care. Chronic even with treatment.
• PAD (Persistent or Acute Disability) – Significantly suffering due to untreated mental health disorder; unable to understand advantages vs. disadvantages of various treatment options; likely to benefit from treatment.
• The person must be unable or unwilling to accept treatment voluntarily; the assessment of voluntariness is not solely determined by whether the patient says they are willing to cooperate with voluntary treatment; the physician can consider demonstrated history of cooperation with treatment recommendations.

Who can file a petition for court ordered evaluation?

Any responsible person can file an application for a court ordered evaluation if they believe that, due to a mental disorder, a person is:

1. a danger to self,
2. a danger to others,
3. gravely disabled, or
4. persistently and acutely disabled.

Usually the person filing is a social worker, family member, or friend. The application asks a mental health agency to conduct an evaluation to determine whether the person is in need of court ordered evaluation for potential court ordered treatment for their mental disorder.  These agencies are known as screening agencies; the initial application is turned into them.

Where can I find Arizona’s laws about the court ordered evaluation and treatment process?

The law on “court ordered evaluation and treatment” is found in the Arizona Revised Statutes, Title 36, Chapter 5.  More detailed rules are also found in the Arizona Administrative Code, Title 9, Chapter 21, Article 5.

How does someone get a voluntary mental health evaluation or voluntary treatment?

An individual may apply at any time during the court ordered evaluation or treatment process to be evaluated or treated voluntarily. If the patient is interested in applying for voluntary evaluation or treatment, they should consult their appointed attorney about the advantages and disadvantages of this option.

How do I get help for someone who already has court ordered treatment?

If an individual is already on a court ordered treatment plan and they have relapsed into a crisis situation, contact the National Crisis Helpline at 9-8-8 or the local crisis hotline in your area.  Then, if you are able, contact their social worker or case manager.