A. Pursuant to rules of the administration, any person who is eighteen years of age or older and who manifests the capacity to give and gives informed consent may be hospitalized for evaluation, care and treatment by voluntarily applying in writing on a prescribed form. The agency to which the person applies may accept and admit the person if the medical director of the agency or the admitting officer believes that the person needs evaluation or will benefit from care and treatment of a mental disorder or other personality disorder or emotional condition in the agency. Informed consent may be given by the person's guardian pursuant to section 14-5312.01 or agent appointed pursuant to chapter 32, article 6 of this title if that agent was granted the authority to do this by the mental health care power of attorney. If an agent gives informed consent, an evaluation shall be conducted pursuant to section 36-3284.
B. Notwithstanding subsection C of this section, and except in the case of an emergency admission, a minor who is in the custody of the juvenile court, who is a ward of the juvenile court as a dependent child or who is adjudicated delinquent or incorrigible shall not be admitted for evaluation or treatment unless approved by the court on application filed by an entity as provided in section 8-272 or 8-273.
C. A minor may be admitted to a mental health agency as defined in section 8-201 by the written application of the parent, guardian or custodian of the minor, or a person designated by the court if the parent, guardian or custodian is without monetary resources to file an application or could not be located after reasonable efforts and the minor is under the supervision of an adult probation department after the following has occurred:
1. A psychiatric investigation by the medical director of the mental health agency that carefully probes the child's social, psychological and developmental background.
2. An interview with the child by the medical director of the mental health agency.
3. The medical director has explained to the child and the child's parent, guardian or custodian or to the person designated by the court pursuant to this subsection the program of evaluation or treatment contemplated and its probable length.
4. The medical director has explored and considered available alternatives to inpatient treatment or evaluation.
5. The medical director of a mental health agency has determined whether the child needs an inpatient evaluation or will benefit from care and treatment of a mental disorder or other personality disorder or emotional condition in the agency and whether the evaluation or treatment goals can be accomplished in a less restrictive setting. A record of the reasons for this determination shall be made.
D. If the child's situation does not satisfy the requirements of subsection C of this section, the application by the parent, guardian or custodian shall be refused.
E. All emergency admissions for mental health evaluation or treatment of children shall be made pursuant to the standards and procedures in article 4 of this chapter.
F. If a parent, guardian or custodian is unavailable after a reasonable effort has been made to locate the parent, guardian or custodian, the court shall appoint a guardian for the child pursuant to title 14, chapter 5.
G. The board of supervisors of the county of residence of a person who has submitted an application for admission to the state hospital pursuant to subsection A of this section shall provide transportation to the state hospital for the person if it appears that the person is eligible for voluntary admission to the state hospital after consultation between the state hospital and the evaluation or screening agency. The county is responsible for that expense to the extent the expense is not covered by any third-party payor.
Notes of Decisions
In Re Pinal Cnty. Mental Health No. Mh-201000029, 240 P.3d 1262 (Ariz. Ct. App. 2010).
· cites it 8× “185, § 2 (former A.R.S. § 36-518(A)) (emphasis added). The same provision guaranteeing quality treatment also directed agencies to keep records detailing "all medical and psychiatric evaluations and all care and treatment received by the person.”
Arizona Dep't of Econ. Sec. v. Ciana H., 955 P.2d 977 (Ariz. Ct. App. 1998).
· cites it 10× “The court may approve the child’s admission to a mental health agency for inpatient evaluation or treatment when evidence indicates that there is “reasonable cause” to believe the child meets the standard for “voluntary” inpatient evaluation or treatment set forth in A.R.S. §…”
In re MH 2006-000490, 154 P.3d 387 (Ariz. Ct. App. 2007).
· cites it 6× “Voluntary care for Appellant’s severe mental retardation could potentially be sought pursuant to A.R.S. § 36-518 (2003). An individual may seek voluntary care for "treatment of a mental disorder or other personality disorder or emotional condition.”
Parham v. J. R., 442 U.S. 584 (1979).
“020 (1975); Ariz. Rev. Stat. Ann. §§ 36-518 , 36-519 (1974); Ark.”
Est. of Maudsley v. Meta Servs., Inc., 258 P.3d 248 (Ariz. Ct. App. 2011).
· cites it 4× ““The agency to which the person applies may accept and admit the person if the medical director of the agency or the admitting officer believes *436 that the person needs evaluation or will benefit from care and treatment .”
DeMontiney v. Desert Manor Convalescent Ctr. Inc., 695 P.2d 255 (Ariz. 1985).
· cites it 2× “Persons may seek treatment from the department on their own, A.R.S. § 36-518, or “[a]ny 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 gravely disabled and who…”
In re the Appeal in Coconino Cnty. Juv. Action No. J-10359, 754 P.2d 1356 (Ariz. Ct. App. 1987).
· cites it 7× “However, when the juvenile is in the physical care of his parents, his nonconsensual admission is governed by A.R.S. § 36-518. After the mental health agency performs certain screening procedures, this provision provides that “[a] minor may be admitted to a mental health agency .”
In Re Mh Xxxx-Xxxxxx, 154 P.3d 387 (Ariz. Ct. App. 2007).
· cites it 6× “[4] Voluntary care for Appellant's severe mental retardation could potentially be sought pursuant to A.R.S. § 36-518 (2003). An individual may seek voluntary care for "treatment of a mental disorder or other personality disorder or emotional condition.”
Pima Cnty. Pub. Fiduciary v. Superior Court, 546 P.2d 354 (Ariz. Ct. App. 1976).
· cites it 14× “‘Voluntary’ as used in A.R.S. § 36-518 (b) must refer to the voluntary act of the ward and not the voluntary act of the guardian.”
In Re Pinal Cnty. Mental Health No. Mh-201000029 (Ariz. Ct. App. 2010).
· cites it 4× “185, § 2 (former A.R.S. § 36-518(A)) (emphasis added). The same provision guaranteeing quality treatment also directed agencies to keep records detailing “all medical and psychiatric evaluations and all care and treatment received by the person.”
Burchett v. State, 564 P.2d 87 (Ariz. Ct. App. 1977).
· cites it 4× “§ 31-224 and A.R.S. § 36-518. Under A.R.S. § 31-224(E) a person suffering from a personality disorder can be involuntarily committed.”
— Ariz. Rev. Stat. § 36-518(A) — 6 cases
In Re Pinal Cnty. Mental Health No. Mh-201000029, 240 P.3d 1262 (Ariz. Ct. App. 2010).
“185, § 2 (former A.R.S. § 36-518(A)) (emphasis added). The same provision guaranteeing quality treatment also directed agencies to keep records detailing "all medical and psychiatric evaluations and all care and treatment received by the person.”
Est. of Maudsley v. Meta Servs., Inc., 258 P.3d 248 (Ariz. Ct. App. 2011).
““The agency to which the person applies may accept and admit the person if the medical director of the agency or the admitting officer believes *436 that the person needs evaluation or will benefit from care and treatment .”
In re MH 2006-000490, 154 P.3d 387 (Ariz. Ct. App. 2007).
“Voluntary care for Appellant’s severe mental retardation could potentially be sought pursuant to A.R.S. § 36-518 (2003). An individual may seek voluntary care for "treatment of a mental disorder or other personality disorder or emotional condition.”
In Re Mh Xxxx-Xxxxxx, 154 P.3d 387 (Ariz. Ct. App. 2007).
“[4] Voluntary care for Appellant's severe mental retardation could potentially be sought pursuant to A.R.S. § 36-518 (2003). An individual may seek voluntary care for "treatment of a mental disorder or other personality disorder or emotional condition.”
In Re Pinal Cnty. Mental Health No. Mh-201000029 (Ariz. Ct. App. 2010).
“185, § 2 (former A.R.S. § 36-518(A)) (emphasis added). The same provision guaranteeing quality treatment also directed agencies to keep records detailing “all medical and psychiatric evaluations and all care and treatment received by the person.”
— Ariz. Rev. Stat. § 36-518(B)(3) — 2 cases
In Re Pinal Cnty. Mental Health No. Mh-201000029, 240 P.3d 1262 (Ariz. Ct. App. 2010).
“185, § 2 (former A.R.S. § 36-518(A)) (emphasis added). The same provision guaranteeing quality treatment also directed agencies to keep records detailing "all medical and psychiatric evaluations and all care and treatment received by the person.”
In Re Pinal Cnty. Mental Health No. Mh-201000029 (Ariz. Ct. App. 2010).
“185, § 2 (former A.R.S. § 36-518(A)) (emphasis added). The same provision guaranteeing quality treatment also directed agencies to keep records detailing “all medical and psychiatric evaluations and all care and treatment received by the person.”
— Ariz. Rev. Stat. § 36-518(C) — 3 cases
Arizona Dep't of Econ. Sec. v. Ciana H., 955 P.2d 977 (Ariz. Ct. App. 1998).
“The court may approve the child’s admission to a mental health agency for inpatient evaluation or treatment when evidence indicates that there is “reasonable cause” to believe the child meets the standard for “voluntary” inpatient evaluation or treatment set forth in A.R.S. §…”
In re the Appeal in Coconino Cnty. Juv. Action No. J-10359, 754 P.2d 1356 (Ariz. Ct. App. 1987).
“However, when the juvenile is in the physical care of his parents, his nonconsensual admission is governed by A.R.S. § 36-518. After the mental health agency performs certain screening procedures, this provision provides that “[a] minor may be admitted to a mental health agency .”
— Ariz. Rev. Stat. § 36-518(C)(5) — 1 case
Arizona Dep't of Econ. Sec. v. Ciana H., 955 P.2d 977 (Ariz. Ct. App. 1998).
“The court may approve the child’s admission to a mental health agency for inpatient evaluation or treatment when evidence indicates that there is “reasonable cause” to believe the child meets the standard for “voluntary” inpatient evaluation or treatment set forth in A.R.S. §…”
— Ariz. Rev. Stat. § 36-518(b) — 1 case
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