ARIZONA STATE SENATE
Phoenix, Arizona
REVISED
voluntary
commitment; juveniles
Enables a court-designated person 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 a person 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 a court-designated person to file an application to admit a minor under the supervision of an adult probation department to a mental health facility if the parent, guardian or custodian is unavailable.
2. Requires the court to appoint a guardian for the child if a parent, guardian or custodian is unavailable after a reasonable effort has been made to locate the parent, guardian or custodian.
3. Defines "person."
4. Makes technical and clarifying changes.
5. Provides for a general effective date.
Amendments Adopted by Committee
1. Specifies that a person designated by the court may file an application for admittance of a minor under the supervision of an adult probation department to a mental health agency only after an effort has been made to locate the minor's parent, guardian or custodian.
2. Requires the court to appoint a guardian for the child if a parent, guardian or custodian is unavailable after a reasonable effort has been made to locate the parent, guardian or custodian.
3. Adds minors who are treated as adults in the judicial system to the definition of "persons" for the purpose of statutes relating to applications for evaluation by a mental health agency.
4. Makes technical and clarifying changes.
Amendments Adopted by Committee of the Whole
· Makes the same changes as contained in the withdrawn Judiciary Committee amendment.
Senate Action
JUD 3/12/02 DPA 6-0-2-0
3rd Read 3/21/02 29-0-1-0
Prepared by Senate Staff
March 25, 2002