Appeal in Gila County of Mental Health Case No. MH 92-020, Matter of
| Decision Date | 19 November 1993 |
| Docket Number | No. 2,CA-MH,2 |
| Citation | 863 P.2d 908,176 Ariz. 616 |
| Parties | In the Matter of the APPEAL IN GILA COUNTY OF MENTAL HEALTH CASE NO. MH 92-020. 93-0002. |
| Court | Arizona Court of Appeals |
The State of Arizona appeals from the trial court's order in a mental health proceeding waiving mandatory local treatment required by A.R.S. § 36-541(B). The state argues that only the superintendent of the Arizona State Hospital (ASH) has the discretion to waive mandatory local treatment. We agree and reverse the order of commitment entered in this case. In addition, we hold that the computation for the time in which the patient is to be committed begins with the execution of the order for commitment.
Although the commitment order in this case is now moot, we agree with the state's argument that the merits of this case present an issue of statewide importance which is capable of repetition but which, because of the statutory time constraints on commitment orders, would evade judicial review. We therefore exercise our discretion to decide the merit of the issues presented. In the Matter of Application for Commitment of an Alleged Mentally Disordered Person, 176 Ariz. 525, 862 P.2d 898 (App.1993).
The county's petition for court-ordered mental health treatment alleged that the patient was, as the result of a mental disorder, persistently or acutely disabled. Evidence received at the November 25, 1992 hearing supported the petition. The two doctors who testified did not believe the patient required housing in a locked facility as long as he was monitored to insure that he took his medication. Neither doctor found the patient to be psychotic or in need of acute in-patient care, but rather concluded that he would benefit from supervised care to insure reliable intake of medication. Dr. Amezcua-Patino proposed several re-entry facilities that could meet the patient's needs that were not locked facilities, and Dr. Jarvis agreed that the care facility need not be locked. ASH is a locked facility, and neither doctor recommended that the patient be committed to ASH for treatment.
A.R.S. § 36-541(B) provides:
B. A patient who is ordered by a court to undergo treatment based on a determination that he is persistently or acutely disabled shall be treated for at least twenty-five days solely in or by a local mental health treatment agency geographically convenient for the patient unless he is accepted by the superintendent of the state hospital for treatment at the state hospital.
(Emphasis added.) "Persistently or acutely disabled" is defined in A.R.S. § 36-501(29):
29. "Persistently or acutely disabled" means a severe mental disorder that meets all the following criteria:
(a) If not treated has a substantial probability of causing the person to suffer or continue to suffer severe and abnormal mental, emotional or physical harm that significantly impairs judgment, reason, behavior or capacity to recognize reality.
(b) Substantially impairs the person's capacity to make an informed decision regarding treatment and this impairment causes the person to be incapable of understanding and expressing an understanding of the advantages and disadvantages of accepting treatment and understanding and expressing an understanding of the alternatives to the particular treatment offered after the advantages, disadvantages and alternatives are explained to the person.
(c) Has a reasonable prospect of being treatable by outpatient, inpatient or combined inpatient and outpatient treatment.
(Emphasis added.)
This statute was enacted in 1990 and is designed to serve a particular population of patients who have a reasonable chance of being treatable but are likely to decompensate and become dangerous to themselves and others without mental health treatment. In the Matter of Maricopa County MH-90056, 173 Ariz. 177, 840 P.2d 1042 (App.1992). Because this type of patient can be treated and stabilized without the restrictions of a locked facility like ASH, the legislature required mandatory treatment in or by a local treatment facility before transfer to ASH unless local treatment is waived by the superintendent of ASH.
The trial court probably confused the exceptions found in A.R.S. § 36-541(A), which cover patients found to be either a danger to themselves or others and those who are gravely disabled. A.R.S. § 36-541(A) states:
A. A patient who is ordered by a court to undergo treatment, if not hospitalized in the state hospital at the time of the order, shall undergo treatment for at least twenty-five days in a local mental health treatment agency geographically convenient for the patient before being hospitalized...
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