Civil commitment may be required to protect the welfare and well-being of someone experiencing a severe mental health crisis and unable of seeking or accepting treatment freely. But just what is civil commitment, and how does it work in Arizona?
In this blog, we provide an in-depth look at the civil commitment process, including its legal foundation, how it differs from voluntary treatment, and what individuals and families should expect if this step becomes necessary.
What Is Civil Commitment?
Usually in a hospital or secure facility, a civil commitment is a legal process whereby a court may mandate, upon inability or unwillingness of a person with a severe mental illness to receive psychiatric treatment.
Civil commitment aims to stabilize the person rather than punish them; it also ensures that they get suitable treatment should they be a threat to others or severely disabled by mental illness. This process guarantees that the person’s rights are protected and that they get the required treatment by means of court supervision, legal protections, and medical assessment.
Title 36 of the Arizona Revised Statutes (A.R.S.) mostly controls civil commitment in Arizona by defining the legal procedures and guidelines for deciding when forced mental treatment is appropriate.
Common criteria for civil commitment include:
- The individual has a diagnosable mental disorder
- The individual poses a danger to themselves or others
- The person is persistently or acutely disabled
- The person is really disabled and unable of fulfilling their basic needs.
One should realize that not every mental health crisis results in civil commitment. Whenever practical, voluntary hospitalization or outpatient treatment is preferred.
What Is Involuntary Civil Commitment?
Involuntary civil commitment is a specific type of civil commitment that occurs when a person is placed into treatment without their consent. This typically happens when a medical professional, family member, or law enforcement officer identifies behavior that indicates the person is in serious mental distress and poses a risk to themselves or others.
The Involuntary Commitment Process in Arizona:
- Evaluation Petition – The process usually begins with a petition filed by a mental health agency or provider. The person must undergo at least two independent psychiatric evaluations.
- Court Proceedings – After evaluations, a court hearing is held. The patient (referred to as the “proposed patient”) is represented by an attorney. Medical evidence is presented to determine if involuntary treatment is justified.
- Court Order for Treatment (COT) – Should the judge find enough evidence, they may issue a court order for treatment known as a COT. This sequence might call for outpatient treatment, inpatient treatment—in a hospital or secure facility—or both.
- Treatment Plan Implementation – Following the treatment plan gives the person the recommended treatment; their development is tracked. Should the person show the capacity to willingly comply with treatment and stabilize, the order could be changed or revoked early on.
Grounds for Involuntary Commitment in Arizona:
- Danger to self – Threats of suicide, self-harm, or neglect
- Danger to others – Threats or attempts to harm others
- Grave disability – Inability to provide for basic physical needs
- Persistently or acutely disabled – Chronic or acute psychiatric deterioration
Involuntary civil commitment balances the urgent need for treatment with the individual’s right to autonomy. Legal safeguards are in place, including court hearings, legal representation, and regular reviews to prevent abuse or prolonged unnecessary confinement.
How Long Does Civil Commitment Last?
The duration of civil commitment depends on the circumstances of the case, the individual’s diagnosis, and their response to treatment. In Arizona, the maximum initial treatment order typically cannot exceed:
- Inpatient treatment: Up to 90 days
- Outpatient treatment: Up to 365 days
- Combined inpatient and outpatient treatment: Varies, but still within those maximums
Review and Renewal
Toward the end of the treatment period, the treating facility must evaluate the individual to determine if continued treatment is necessary. If so, a petition for continued court-ordered treatment may be filed, and the legal process begins again.
It’s possible for a person to be under civil commitment for multiple years through court renewals, though this is generally reserved for the most severe and persistent cases.
Early Termination
Treatment orders can be modified or terminated before the end of the period if the person’s condition improves. The patient’s attorney, doctors, or the court may ask for a hearing to examine the treatment plan.
Why Civil Commitment Matters
For those suffering with severe mental illness, civil commitment can be a life-saving intervention. When the person is not freely engaging in treatment, it provides organized, thorough care that might be out of reach in outpatient environments.
Still, civil commitment needs to be used carefully in line with patient legal rights, dignity, and future reintegration into the society. It should be carried out in concert with continuous care planning, recovery-oriented programs, and housing assistance.
Final Thoughts
One complicated but necessary component of Arizona’s mental health system is civil commitment. For those in crisis, it can be a vital intervention, but it also requires careful legal processes and strong advocacy to ensure it is carried out sensibly.
If you or a loved one are at risk of a civil commitment in Arizona, you should consult a seasoned attorney knowledgeable in the complexity of mental health law.
Families and people negotiating the civil commitment process can find compassionate legal advice from Mozell Law Group PLLC. Whether your need is for safeguarding a loved one or claiming your rights, we are dedicated to provide you the help you need.
Please call us right now to arrange a consultation and find out more about your legal options.
