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ARIZONA STATE SENATE
Fifty-Seventh Legislature, Second Regular Session
mental health; hearings; acquaintance witnesses
Purpose
Allows the Court, during court-ordered treatment proceedings, to waive the required testimony of an acquaintance witness of the patient if the court finds that the standard for issuing an order for treatment has been established by clear and convincing evidence from other testimony and evidence presented at the hearing.
Background
Statute outlines processes by which individuals may, voluntarily or under court order, be evaluated, admitted and treated by designated mental health providers, including approved evaluation agencies and mental health treatment agencies. Court-ordered evaluation is a process by which two behavioral health medical professionals complete a detailed analysis of an individual to assess whether the individual is: 1) a danger to themselves; 2) a danger to others; 3) persistently or acutely disabled; or 4) gravely disabled. Court-ordered evaluations must determine the severity of an individual's specific mental or behavioral health concern and the individual's capacity to adequately function and care for themselves. If it is determined that an individual meets one of the four outlined criteria, the evaluators must submit their findings to the superior court in the county where the individual resides so that a judge may determine whether the individual meets the necessary criteria to be ordered into treatment by a mental health treatment agency (A.R.S. Title 36, Chapter 5; AHCCCS).
During a
hearing for court ordered treatment, the evidence presented by the petitioner
or the patient must include the testimony of two or more witnesses regardless
of the witnesses' professional licensure, who observed or were acquainted with
the patient at the time of the alleged mental disorder, and the testimony of
the two physicians, or other health professionals, who participated in the COE
of the patient. The evaluating physicians or other health professionals must
testify to the physician or health professional's personal observations of the
patient and to the physician or health professional's opinions concerning
whether the patient, as a result of mental disorder: 1) is a danger to self or
to others; 2) has a persistent, acute or grave disability; and
3) requires treatment (A.R.S.
§ 36-539).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Authorizes the Court, during court-ordered treatment proceedings, to waive the required testimony of an acquaintance witness of the patient if the Court finds that the standard for issuing an order for treatment has been established by clear and convincing evidence from other testimony and evidence presented at the hearing.
2. Reduces, from two to one, the minimum number of acquaintance witnesses required to provide testimony in a court-ordered treatment hearing.
3. Makes technical changes.
4. Becomes effective on the general effective date.
Prepared by Senate Research
January 15, 2026
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