A. If, on the filing of a petition for court-ordered treatment, the patient is not then detained in an agency, the court shall order the detention of the patient in the agency that conducted the evaluation if the court determines that the patient is likely to present a danger to self or others before the conclusion of the hearing or is not likely to appear at the hearing on the petition if not detained. The court shall issue such orders as are necessary to provide for the apprehension, transportation and detention of the proposed patient. The court shall appoint counsel for the proposed patient if one has not been previously appointed.
B. The court shall order the hearing to be held within six business days after the petition is filed, except that, on good cause shown, the court may continue the hearing at the request of either party. The hearing may be continued for a maximum of thirty days at the request of the proposed patient. The hearing may be continued for a maximum of three business days at the request of the petitioner. If the hearing is continued at the request of the petitioner and the proposed patient is involuntarily hospitalized, the proposed patient may request a hearing to determine whether the proposed patient should be involuntarily hospitalized during the continuation period.
C. If after reviewing the petition with its attached material and other evidence at hand the court finds that the patient is not, as a result of mental disorder, a danger to self or others or does not have a persistent or acute disability or a grave disability, the patient shall be released.
D. The department, acting on behalf of the state hospital, the administration or a regional behavioral health authority, may intervene as a party to the proceedings on any petition for court-ordered treatment and may appear as a party at the hearing on the petition by filing a written notice of intervention with the clerk of the superior court in the county in which the petition was filed, at any time before either the original time set for the hearing or the time to which the hearing is continued. The intervenor at the hearing may cross-examine any witnesses presented by other parties pursuant to section 36-539, may subpoena and present witnesses of its own, including physicians, and may present other evidence. The intervenor, on stipulation with all other parties or on order of the court, may cause physicians to personally conduct mental status examinations of the proposed patient and to testify as to their opinions concerning whether the proposed patient is, as a result of mental disorder, a danger to self or to others or has a persistent or acute disability or a grave disability and as to whether the proposed patient requires treatment. This subsection applies in addition to all rules of evidence, the Arizona rules of civil procedure and section 36-539.
Notes of Decisions
Cited in
21
cases (
1 in the last 5 years), 1985–2022 · leading case:
In re MH 2007-001264, 189 P.3d 1111 (Ariz. Ct. App. 2008).
In re MH 2007-001264, 189 P.3d 1111 (Ariz. Ct. App. 2008).
· cites it 14× “” In this case, a hearing was scheduled for Patient within the statutory limit but Patient was unable to attend as she had been transferred to Banner Hospital and was awaiting surgery.”
In re MH 2007-001236, 204 P.3d 418 (Ariz. Ct. App. 2008).
· cites it 4× “The court issued a detention order for treatment and notice pursuant to A.R.S. § 36-535 (2003). ¶ 4 The section 36-539 hearing was scheduled for July 26, 2007.”
In re MH 2006-000023, 150 P.3d 1267 (Ariz. Ct. App. 2007).
· cites it 4× “A.R.S. § 36-535(A) (2003). The hearing was set for fewer than 48 hours later, January 26 at 9:00 a.”
In Re Maricopa Cnty. Superior Court No. Mh2003-000240, 78 P.3d 1088 (Ariz. Ct. App. 2003).
· cites it 4× “A.R.S. § 36-535(B) (2003) provides: The court shall either release the proposed patient or order the hearing to be held within six days after the petition is filed, unless the proposed patient, upon consultation with his attorney, determines that it would be in his best interest…”
In Re Mh2010-002348, 268 P.3d 392 (Ariz. Ct. App. 2011).
· cites it 6× “(a) Timeliness of the Hearing ¶ 9 For purposes of this discussion, we assume without deciding that the civil commitment statute applies to the petition for treatment at issue here.”
In Re Mh-2008-000867, 236 P.3d 405 (Ariz. 2010).
· cites it 2× “At the time, A.R.S. § 36-535(B) (2003) required the petition to be heard within six days of filing unless Patient requested a continuance.”
In Re Mh2010-002637, 263 P.3d 82 (Ariz. Ct. App. 2011).
· cites it 2× “Bailón said she did not believe that Appellant’s condition would improve quickly enough to allow him to attend in person if the hearing was moved within the six-day window established by A.R.S. § 36-535(B) (Supp.2010), which would expire the following day.”
In re MH 2007-001275, 196 P.3d 819 (Ariz. Ct. App. 2008).
· cites it 2× “See generally A.R.S. § 36-535(B) (2003) (“The court shall either release the proposed patient or order the hearing to be held within six days after the petition is filed”.”
In re MH 2008-000028, 211 P.3d 1261 (Ariz. Ct. App. 2009).
· cites it 2× “¶ 9 On January 23, 2008, the probate court issued a Detention Order for Treatment and Notice pursuant to A.R.S. § 36-535. The court held a hearing on the Petition for Court-Ordered Treatment on January 29, 2008, and Appellant was represented by counsel during the proceedings.”
Pinal Cnty. Bd. of Supervisors v. Georgini & T.J., 334 P.3d 761 (Ariz. Ct. App. 2014).
· cites it 2× “§ 36-529(A), (B); (2) a patient is detained pursuant to a petition for court-ordered treatment, A.R.S. § 36-535(A); (3) a patient is served with a petition for court-ordered treatment, A.”
— Ariz. Rev. Stat. § 36-535(A) — 2 cases
In re MH 2006-000023, 150 P.3d 1267 (Ariz. Ct. App. 2007).
“A.R.S. § 36-535(A) (2003). The hearing was set for fewer than 48 hours later, January 26 at 9:00 a.”
Pinal Cnty. Bd. of Supervisors v. Georgini & T.J., 334 P.3d 761 (Ariz. Ct. App. 2014).
“§ 36-529(A), (B); (2) a patient is detained pursuant to a petition for court-ordered treatment, A.R.S. § 36-535(A); (3) a patient is served with a petition for court-ordered treatment, A.”
— Ariz. Rev. Stat. § 36-535(B) — 17 cases
In re MH 2007-001264, 189 P.3d 1111 (Ariz. Ct. App. 2008).
“” In this case, a hearing was scheduled for Patient within the statutory limit but Patient was unable to attend as she had been transferred to Banner Hospital and was awaiting surgery.”
In Re Maricopa Cnty. Superior Court No. Mh2003-000240, 78 P.3d 1088 (Ariz. Ct. App. 2003).
“A.R.S. § 36-535(B) (2003) provides: The court shall either release the proposed patient or order the hearing to be held within six days after the petition is filed, unless the proposed patient, upon consultation with his attorney, determines that it would be in his best interest…”
In re MH 2007-001236, 204 P.3d 418 (Ariz. Ct. App. 2008).
“The court issued a detention order for treatment and notice pursuant to A.R.S. § 36-535 (2003). ¶ 4 The section 36-539 hearing was scheduled for July 26, 2007.”
In re MH 2006-000023, 150 P.3d 1267 (Ariz. Ct. App. 2007).
“A.R.S. § 36-535(A) (2003). The hearing was set for fewer than 48 hours later, January 26 at 9:00 a.”
In Re Mh-2008-000867, 236 P.3d 405 (Ariz. 2010).
“At the time, A.R.S. § 36-535(B) (2003) required the petition to be heard within six days of filing unless Patient requested a continuance.”
— Ariz. Rev. Stat. § 36-535(B)(2003) — 1 case
In re MH 2007-001264, 189 P.3d 1111 (Ariz. Ct. App. 2008).
“” In this case, a hearing was scheduled for Patient within the statutory limit but Patient was unable to attend as she had been transferred to Banner Hospital and was awaiting surgery.”
Annotations are extracted automatically from the opinions in the
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