ARIZONA STATE SENATE
Phoenix, Arizona
voluntary
commitment; juveniles
Enables an adult probation officer or a court-designated entity to file an application for admittance of a minor under the supervision of an adult probation department to a mental health facility.
Currently, an adult who gives informed consent can voluntarily admit one’s self to a mental health agency. Minors cannot admit themselves for mental health care except in the case of an emergency. A minor can be admitted to a mental health agency by a parent, guardian or custodian if certain conditions are met, including a determination by a mental health director that admission is necessary. Child welfare and juvenile justice entities may also request that a psychologist, psychiatrist or physician examine a child under the entities’ custody if the child exhibits behavior that indicates that the child suffers from a mental disorder. If a doctor determines that the child has a mental disorder, the court may approve the admission of the child to inpatient psychiatric care and residential treatment. (A.R.S. § 8-271 – A.R.S. § 8-273).
Prior to 2001, juveniles who were charged as adults and processed through the adult criminal court were returned to the juvenile court if treatment in an inpatient psychiatric facility was necessary. Legislation passed in 2001 only allows juveniles processed through juvenile court to be eligible for mental health services under statutes related to children’s mental health services. This has created a problem for persons who are minors but have been adjudicated as adults. There is currently no method for admitting minors under adult probation supervision to mental health agencies.
S.B. 1059 allows an adult probation officer or other entity designated by the court to apply for admittance of a minor under adult probation supervision to a mental health facility if the same requirements imposed on parents or guardians admitting minors are fulfilled.
Any potential fiscal impact is undetermined at this time.
1. Allows an adult probation officer or other court-designated entity to file an application to admit a minor under the supervision of an adult probation department to a mental health facility.
2. Makes a technical change.
3. Provides for a general effective date.
Prepared by Senate Staff
February 22, 2002