Dealing with a loved one’s serious mental illness (SMI) can be overwhelming, especially when they don’t recognize that they need help. This lack of awareness, known as anosognosia, can prevent people with SMI from accepting treatment.
In these situations family members in Arizona can turn to the legal process of court-ordered evaluation and treatment to ensure their loved one receives the care they need. Sometimes families need to seek a civil commitment to ensure treatment.
Civil commitment is a legal process to get treatment for persons who are a danger to themselves or others (or gravely disabled due to a mental illness) but who are unwilling to voluntarily seek treatment (see ARS 36-501).
How Court Ordered Treatment Works
Arizona law outlines a process to help families get their loved ones evaluated and treated through a court order. The process begins with a court-ordered evaluation.
First, a family member (or any responsible person over 18) files an application at a hospital (known as a screening agency). Screening agencies can help the family fill out the form, which goes to a doctor to review for approval.
A judge ends up getting the information from the screening agency and is the person who ultimately decides whether the person should be involuntarily hospitalized or get outpatient treatment in the community.
When a judge does decide the person needs treatment they’re often ordered to get a combination of inpatient and outpatient care for 365 days (most of those days being in an outpatient setting).
Orders in Maricopa County include the following:
- See your prescriber once a month (for the next 365 days);
- See your case manager once a month in the home; and/or
- Take your medication as prescribed for the next year.
Where Does Treatment Happen?
In some cases outpatient treatment is sufficient, but people who are a flight risk or resistant to treatment sometimes need a secure residential or clinical setting, especially at first.
For people at risk of elopement, a secure facility offers an environment where treatment can be delivered consistently and safely. These settings (inpatient or secure residential) provide both clinical care and the security needed to prevent patients from leaving before their treatment is complete.
Navigating Arizona’s court-ordered treatment process can be complex, but it’s often a critical step in ensuring that individuals with serious mental illness receive the care they need.
By advocating for the right treatment environment—especially when security is a concern—families can help their loved ones stay on track with their recovery. More about that in the next post.
