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ARIZONA HOUSE OF REPRESENTATIVES57th Legislature, 2nd Regular Session |
Senate: HHS DP 7-0-0-0 | Third Read 23-5-2-0House: HHS DPA 12-0-0-0 |
SB 1113: service of process; evaluation agencies
Sponsor: Senator Werner, LD 4
Caucus & COW
Overview
Authorizes the court, in court-ordered evaluation or treatment proceedings, to permit a screening or evaluation agency employee to serve required legal documents on a proposed patient admitted to the agency when the petition is filed.
History
Current law establishes procedures under which individuals may be evaluated, admitted and treated by designated mental health providers, either voluntarily or pursuant to a court order. These providers include approved evaluation agencies and licensed mental health treatment agencies. Court-ordered evaluation involves two behavioral health professionals conducting a comprehensive assessment to determine whether the individual is: 1) a danger to self; 2) a danger to others; 3) persistently or acutely disabled; or 4) gravely disabled. The evaluation examines the severity of the individual’s mental or behavioral health condition, as well as the individual’s capacity to function and provide for their own care. If the evaluators conclude that the individual meets any of these statutory criteria, they must submit their findings to the superior court in the county of residence for a judicial determination as to whether court-ordered treatment is warranted (A.R.S. Title 36, Chapter 5; AHCCCS).
Statute provides that individuals ordered to undergo an involuntary evaluation and individuals who are the subject of a petition for court-ordered treatment are entitled to personal service of required petitions, notices and related documents. Personal service requires that the documents be physically delivered to the individual by a peace officer, a process server or another person authorized under the Arizona Rules of Civil Procedure. The person completing service must file proof of service with the court, including the date, time and method of service. Evaluation agencies are not responsible for the costs associated with serving these documents (A.R.S. § 36-510.01).
Provisions
1. Permits the court, in proceedings for court-ordered evaluation or court-ordered treatment, to authorize an employee of a screening or evaluation agency to serve required petitions, notices and related documents on a proposed patient who is admitted to a screening or evaluation agency at the time the petition for evaluation or treatment is filed. (Sec. 1)
2. Permits a person prescribed by law or court rule, or as ordered by the court, to provide personal service of documents relating to court-ordered treatment and court-ordered evaluation, rather than a person authorized by the Arizona Rules of Civil Procedure. (Sec. 1)
3. Adds that screening agencies are not financially responsible for the service of documents. (Sec. 1)
4. Makes technical and conforming changes. (Sec. 1)
Amendments
Committee on Health & Human Services
1. Specifies that a county, city or town that employs peace officers may contract with a screening agency or evaluation agency to provide the personal service.
2. Clarifies that an evaluation agency or screening agency may only receive reimbursement for the service of documents pursuant to a contract with a county.
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6. Initials AG SB 1113
7. 3/5/2026 Page 0 Caucus & COW
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