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ARIZONA STATE SENATE
Fifty-Seventh Legislature, Second Regular Session
service of process; evaluation agencies
Purpose
Allows the court, in proceedings for court-ordered evaluation or court-ordered treatment, to authorize an employee of an evaluation agency to personally serve required petitions, notices and related documents on a proposed patient who is inpatient at an evaluation agency at the time the petition is filed.
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).
Current statute grants persons ordered to undergo involuntary evaluation and persons subject to a petition for court-ordered treatment the right to receive required petitions, notices and related documents by personal service. The documents must be personally handed to the person receiving the service by a peace officer, process server or another person authorized by the Arizona Rules of Civil Procedure. The server must file proof of service with the court specifying the date, time and manner of service. Evaluation agencies are not financially responsible for serving these documents (A.R.S. § 36-510.01).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Allows the court, in proceedings for court-ordered evaluation or court-ordered treatment, to authorize an employee of an evaluation agency to personally serve required petitions, notices and related documents on a proposed patient who is inpatient at an evaluation agency at the time the petition for evaluation or treatment is filed.
2. Allows 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.
3. Specifies that an evaluation agency may be financially responsible for serving applicable documents if an employee of the agency is the individual who serves the proposed patient.
4. Makes technical and conforming changes.
5. Becomes effective on the general effective date.
Prepared by Senate Research
January 15, 2026
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