Arizona

Court-Ordered Evaluation in Arizona: What Families Should Know

By Dr. Stacey Forbes, DNP, APRN, PMHNP-BC

Arizona families often hear the phrase “getting someone Title 36’d” without knowing what it involves. Title 36 of the Arizona Revised Statutes sets out how a person can be evaluated, and sometimes treated, without their agreement when a mental disorder makes them dangerous or unable to care for themselves. It is a detailed process with real safeguards, and understanding it helps families act at the right moment and in the right way. This guide explains it in plain language. It is general information, not legal advice.

Who the process is for

Under ARS 36-520, the process applies to a person who, as a result of a mental disorder, is believed to be a danger to self or to others, or to have a persistent or acute disability or a grave disability — and who is unwilling or unable to undergo a voluntary evaluation. That last part matters: if the person will agree to be evaluated, the court process is not the right tool.

Any responsible individual may apply. The application asks for what the applicant has seen and why they believe the person needs evaluation, including the facts behind each statement and, where known, the names of others who witnessed the behavior. An application from a family member must be signed and notarized. The law also says a screening agency may not refuse to process an application just because no other witnesses have been identified.

The non-emergency route: screening first

After an application is received, the screening agency is to complete prepetition screening within 48 hours, excluding weekends and holidays, when possible (ARS 36-521). Screening looks at whether there is reasonable cause to believe the person meets the criteria, and whether they will agree to a voluntary evaluation at a scheduled time and place.

If the agency concludes the person does not meet the criteria but does need help and is willing to get it, the law directs the agency to help them find specific evaluation or treatment services in their area and, if asked, make a direct referral. If the criteria appear to be met, the agency prepares and files a petition for court-ordered evaluation, and the court decides whether the evaluation happens on an outpatient or inpatient basis. An evaluation order expires if it is not carried out within 14 days (ARS 36-529).

The emergency route

When waiting for screening would be dangerous, ARS 36-524 allows a written application for emergency admission to an evaluation agency. It can be made by anyone with knowledge of the facts — a relative, a friend, a peace officer, or another responsible person — and must describe the specific harm the person is likely to suffer or cause without immediate hospitalization. If that route is not available, a peace officer who has probable cause may take the person into custody under ARS 36-525.

At the evaluation agency, the admitting officer examines the person and may admit them as an emergency patient (ARS 36-526). A petition for court-ordered evaluation must then be filed on the same or the next court day, unless the person has been discharged or has agreed to stay voluntarily. Under ARS 36-527, the person may not be held longer than 24 hours, excluding weekends and holidays, unless that petition is filed.

Rights during emergency detention and evaluation

Arizona builds several protections into this stage. Under ARS 36-528, a person held for emergency evaluation must be offered treatment, but may not be treated for their mental disorder without their express consent, except for emergency safety measures. The agency must notify their guardian or a family member other than the person who applied. And they must be told of their rights, including the right to consult a lawyer, with one appointed if they cannot hire their own.

An inpatient evaluation is time-limited too. Under ARS 36-531, the person must be released within 72 hours, excluding weekends and holidays, from the time they were hospitalized under the evaluation order — unless they apply for voluntary treatment or a petition for court-ordered treatment has been filed.

The treatment hearing, and what comes before all this

A petition for court-ordered treatment must be supported by the affidavits of two physicians who took part in the evaluation; in counties with fewer than 500,000 people, one physician and either an experienced physician assistant or a psychiatric and mental health nurse practitioner may sign instead (ARS 36-533). The hearing is to be held within six business days after the petition is filed, and the person may request a continuance of up to 30 days (ARS 36-535). They must be served at least 72 hours before the hearing and have counsel appointed at least three days before it (ARS 36-536).

The court may order treatment only if it finds, by clear and convincing evidence, that the criteria are met, and it must order the least restrictive alternative available (ARS 36-540). An order for outpatient or combined treatment can last up to 365 days; the maximum inpatient period depends on the finding — 90 days for danger to self, 180 days for danger to others or a persistent or acute disability, and 365 days for a grave disability.

For most crises, though, the first call should be to people trained to calm the situation:

• Arizona Crisis Line: 1-844-534-HOPE (4673), or text 4HOPE (44673) — free, confidential, 24/7, regardless of insurance.
• 988: call or text, 24/7.
• 911 if anyone is in immediate danger. See Arizona’s crisis system and AHCCCS.

Common Questions

Sources & Further Reading

• ARS 36-520 — Application for Evaluation
• ARS 36-524 — Application for Emergency Admission
• ARS 36-531 — Evaluation; Possible Dispositions; Release
• ARS 36-540 — Court Options
• AHCCCS — Crisis Hotlines