Title 36 A.R.S.

Title 36 is Legislation that allows for Court ordered evaluation and treatment of individuals under specific circumstance.

Title 36 applies to those who suffer from a mental disorder and, as a result, are perceived to be a danger to themselves, a danger to others, persistently or acutely disabled, or gravely disabled, and unwilling or unable to accept voluntary treatment.

1. Initial application for evaluation.

The application may be filled out by any responsible individual with knowledge of the events described in it. Emergency room staff and law enforcement frequently fill out applications. Applications must allege the individual meets the aforementioned criteria.

Once the application is completed, the screening agency conducts an initial assessment to ascertain if there is reasonable cause to find the individual meets one of the criteria. If there is reasonable cause to believe the individual is a danger to self or others or at risk of deterioration, immediate hospitalization, or commitment is required. If no immediate risk to self or others or deterioration exists then a petition for court ordered evaluation is filed.

2. Petition for Court ordered evaluation.

Following the petition for Court ordered evaluation or an application for emergency admittance, the Court may order an individual not already in custody to be detained and or brought to the evaluating agency.

At any time during this process an individual may elect to undergo a voluntary screening and or treatment, so long as the individual is competent to give informed consent. In the case of voluntary evaluation Title 36 no longer applies. If the individual is incapable of giving informed consent or refuses voluntary evaluation / treatment then a petition for court ordered evaluation must be filed.

Petition for Treatment

The Medical Director determines the length of treatment and type. It may consist of in-patient, out patient, or a combination of both.