36-531. 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 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.
Notes of Decisions
In Re Pima Cnty. Mental Health No. Mh20130801, 347 P.3d 598 (Ariz. Ct. App. 2015).
· cites it 2× “” The chief psychiatrist for PCADC filed a petition for court-ordered treatment pursuant to A.R.S. §§ 36-531(B), 36-533. Appointed counsel moved for a hearing on the petition, but S.”
In Re Mh Xxxx-Xxxxxx, 205 P.3d 1124 (Ariz. Ct. App. 2009).
· cites it 2× “A.R.S. § 36-531(B) (2003). "The petition shall be accompanied by the affidavits of the two physicians who conducted the examinations during the evaluation period.”
In re MH 2008-001795, 218 P.3d 1020 (Ariz. Ct. App. 2009).
· cites it 2× “AR.S. § 36-531(B). Under A.R.S. § 36-540 (2009), the maximum period of inpatient treatment that the court may order ranges from ninety days for a person found to be a danger to self to 365 days for a person found to be gravely disabled.”
Avitia v. Crisis Preparation (Ariz. 2023).
· cites it 3× “¶44 Here, Crisis Prep complied with its statutory duty under § 36-531 by petitioning for involuntary treatment for Mother based on its evaluation.”
In Re: Mh2023-004502 (Ariz. 2026).
· cites it 3× “See A.R.S. § 36-531(B). ¶3 At the hearing on the petition for court-ordered treatment (“COT”), the petitioner must provide “the testimony of two or more witnesses .”
In Re Mh2015-002490, 422 P.3d 1043 (Ariz. Ct. App. 2018).
· cites it 2× “Both Patients were evaluated, and their evaluators filed petitions for court- ordered treatment pursuant to A.R.S. § 36-531(B) (stating that, upon a determination that a patient is disabled or dangerous, the appropriate person “shall prepare, sign and file a petition for…”
Patricia Adams v. Hon. Brenden Griffin City Prosecutor's Off., 540 P.3d 1221 (Ariz. Ct. App. 2023).
· cites it 2× “§ 36-531(A)-(C). ¶12 “If a petition for court-ordered evaluation is filed by a prosecutor pursuant to § 13-4517, a prior application for court-ordered evaluation or prescreening is not necessary.”
In Re Mh Xxxx-Xxxxxx, 218 P.3d 1020 (Ariz. Ct. App. 2009).
· cites it 2× “A.R.S. § 36-531(B). Under A.R.S. § 36-540 (2009), the maximum period of inpatient treatment that the court may order ranges from ninety days for a person found to be a danger to self to 365 days for a person found to be gravely disabled.”
— Ariz. Rev. Stat. § 36-531(A) — 1 case
— Ariz. Rev. Stat. § 36-531(B) — 8 cases
In Re Pima Cnty. Mental Health No. Mh20130801, 347 P.3d 598 (Ariz. Ct. App. 2015).
“” The chief psychiatrist for PCADC filed a petition for court-ordered treatment pursuant to A.R.S. §§ 36-531(B), 36-533. Appointed counsel moved for a hearing on the petition, but S.”
In Re Mh Xxxx-Xxxxxx, 205 P.3d 1124 (Ariz. Ct. App. 2009).
“A.R.S. § 36-531(B) (2003). "The petition shall be accompanied by the affidavits of the two physicians who conducted the examinations during the evaluation period.”
In re MH 2008-001795, 218 P.3d 1020 (Ariz. Ct. App. 2009).
“AR.S. § 36-531(B). Under A.R.S. § 36-540 (2009), the maximum period of inpatient treatment that the court may order ranges from ninety days for a person found to be a danger to self to 365 days for a person found to be gravely disabled.”
In Re: Mh2023-004502 (Ariz. 2026).
“See A.R.S. § 36-531(B). ¶3 At the hearing on the petition for court-ordered treatment (“COT”), the petitioner must provide “the testimony of two or more witnesses .”
In Re Mh2015-002490, 422 P.3d 1043 (Ariz. Ct. App. 2018).
“Both Patients were evaluated, and their evaluators filed petitions for court- ordered treatment pursuant to A.R.S. § 36-531(B) (stating that, upon a determination that a patient is disabled or dangerous, the appropriate person “shall prepare, sign and file a petition for…”
— Ariz. Rev. Stat. § 36-531(E) — 1 case
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