Arizona Revised Statutes

Ariz. Rev. Stat. § 8-291.02 (2026)

Expert appointment; costs; immunity

✓ current as of May 2026

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8-291.02. Expert appointment; costs; immunity

A. If the court determines that grounds exist for a competency examination, the court shall appoint two or more mental health experts. The mental health experts shall examine the juvenile, issue a report and, if necessary, testify regarding the juvenile's competency. The court, on its own motion or upon motion of any party, may order that one of the mental health experts appointed shall be a physician specializing in psychiatry and licensed pursuant to title 32, chapter 13 or 17. The state and the juvenile, upon approval of the court, may stipulate to the appointment of only one expert.

B. The court may order the juvenile to submit to any physical, neurological or psychological examination, if necessary, to adequately determine the juvenile's mental condition.

C. The county shall pay the costs of any examination that is ordered pursuant to subsection B, except that if a municipal court judge refers a case, the political subdivision shall pay the costs of the examination.

D. This section does not prohibit any party from retaining the party's own expert to conduct additional examinations at the party's own expense.

E. A person who is appointed as a mental health expert or a clinical liaison is immune from liability for acts or omissions pursuant to this section, except that the mental health expert or clinical liaison may be liable for intentional, wanton or grossly negligent acts that are done in the performance of the expert's or liaison's duties.

Notes of Decisions

Cited in 2 cases, 1998–2012 · leading case: In Re Charles B., 978 P.2d 659 (Ariz. Ct. App. 1998).

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In Re Charles B., 978 P.2d 659 (Ariz. Ct. App. 1998). · cites it 3× “See A.R.S. § 8-291.02 (Supp.1997). The analog to “restoration” in the case of a normal child who is too young to understand the proceedings would be to either allow the juvenile to mature naturally to the point where he becomes competent .”

In Re Eric W., 271 P.3d 486 (Ariz. Ct. App. 2012). · cites it 2× “See A.R.S. § 8-291.02 (A) (requiring the court to appoint two or more mental health experts to examine the juvenile, issue a report, and, if necessary, testify as to the juvenile’s competency).”

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