Posted on March 23, 2010 by Alexander D. Nirenstein

Recent Ruling: Arizona Mental Health Patient Rights

An Arizona mental health patients' right to a hearing to challenge involuntary hospitalization during a mental health evaluation does not include the right to challenge the evaluation itself.

Arizona Court of Appeals, Division 1, held in In re MH, that although Section 36-529(D) allows a patient to contest their involuntary hospitalization for the evaluation, it does not give them a right to contest the actual evaluation.  At such a hearing, parties may contest the hospitalization by showing that they are not likely to deteriorate further, suffer harm to themselves, or cause harm to others if not hospitalized during the evaluation, but the patient may not contest the valuation itself.

For all questions regarding Arizona mental health law, contact Nirenstein Garnice Soderquist PLC at 480.961.5900.

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