In re MH 2008-001795

218 P.3d 1020, 222 Ariz. 563, 566 Ariz. Adv. Rep. 23, 2009 Ariz. App. LEXIS 725
CourtCourt of Appeals of Arizona
DecidedSeptember 29, 2009
DocketNo. 1 CA-MH 08-0049
StatusPublished
Cited by1 cases

This text of 218 P.3d 1020 (In re MH 2008-001795) is published on Counsel Stack Legal Research, covering Court of Appeals of Arizona primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In re MH 2008-001795, 218 P.3d 1020, 222 Ariz. 563, 566 Ariz. Adv. Rep. 23, 2009 Ariz. App. LEXIS 725 (Ark. Ct. App. 2009).

Opinion

OPINION

WINTHROP, Judge.

¶ 1 Appellant, a twenty-year-old male, seeks relief from an order committing him to involuntary mental health treatment. Specifically, he argues that the superior court erred in finding a psychiatric resident physician with a one-year training permit qualifies as a “licensed physician” for the purpose of completing a petition for court-ordered evaluation. For the reasons set forth below, we affirm.

FACTS AND PROCEDURAL HISTORY

¶ 2 On August 4, 2008, Appellant’s sister, his legal guardian, filed an application for involuntary evaluation. Her application stated that Appellant was taking psychiatric medication and was subject to angry outbursts, wandering, and complaints of excessive thirst. As a result of this application, on August 6, 2008, Dr. Sami Ahad, a first-year psychiatric resident physician holding a one-year training permit, petitioned the Maricopa County Superior Court for an involuntary mental health evaluation of Appellant. Subsequently, the court entered a detention order and Desert Vista Behavioral Health Center admitted Appellant for court-ordered evaluation.

¶ 3 On August 11, 2008, after two physicians performed separate evaluations, Dr. Michael Hughes, deputy medical director of Desert Vista Behavioral Health Center, filed a petition for court-ordered treatment, which was served on Appellant. On the same day, Appellant filed a “motion to dismiss proeeed-ings.” In his motion, Appellant argued that Dr. Ahad was not a “licensed physician” under the applicable statute and therefore was not qualified to file a petition for evaluation.

¶ 4 On August 15, 2008, the superior court denied Appellant’s motion to dismiss and, following an evidentiary hearing, ordered that Appellant undergo combined inpatient and outpatient treatment for a period not to exceed 365 days, with inpatient treatment not to exceed 365 days.

¶ 5 Appellant filed a timely notice of appeal, and we have jurisdiction pursuant to Arizona Revised Statutes (“A.R.S.”) sections 12-210KK) (2003) and 36-546.01 (2009).1

ANALYSIS

¶ 6 The essential characteristics of the statutory scheme in Arizona for a civil commitment proceeding are as follows: To begin a civil commitment proceeding, a “responsible individual” applies for a court-ordered evaluation of another individual. A.R.S. § 36-520(A) (2009).2 The application must allege that the person is, “as a result of a mental disorder, a danger to self or others, persistently or acutely disabled, or gravely disabled” and also that the person “is unwilling or unable to undergo a voluntary evaluation.” Id. The statute prescribes the proper form for the application, which is submitted to the screening agency for review. A.R.S. § 36-520(B). Upon receipt of the application, the screening agency reviews the application to determine whether reasonable cause exists to believe that the person is persistently or acutely disabled, gravely disabled, or likely to present a danger to self or others. A.R.S. § 36-52RA) (2009). If reasonable cause exists, the agency prepares and files a petition for court-ordered evaluation. A.R.S. § 36-521(D). The petition must contain certain elements, including the allegation that the proposed patient is, as a result of a mental disorder, a danger to self [565]*565or others, persistently or acutely disabled, or gravely disabled, and unwilling or unable to undergo voluntary evaluation. A.R.S. § 36-523(A)(4) (2009). The petition must also state the facts upon which that belief is based. A.R.S. § 36-523(A)(5). The court subsequently reviews the petition for evaluation and determines if reasonable cause exists, in which case the court orders an evaluation. A.R.S. § 36-529(B) (2009).

¶ 7 The court-ordered evaluation is “a professional multidisciplinary analysis based on data describing the person’s identity, biography and medical, psychological and social conditions,” and must be carried out by a group of persons as described in A.R.S. § 36-501(12) (2009). That statute requires examination by “[t’Jwo licensed physicians, who shall be qualified psychiatrists, if possible, or at least experienced in psychiatric matters.” A.R.S. § 36-501(12)(a). The statute also explicitly mentions the role that psychiatric residents in training may play in the court-ordered evaluation. Id. Specifically, a resident “may examine the person in place of one of the psychiatrists if he is supervised in the examination and preparation of the affidavit and testimony in court by a qualified psychiatrist appointed to assist in his training.” Id. A court-ordered evaluation conducted on an inpatient basis must be completed in less than seventy-two hours. A.R.S. § 36-530(B) (2009). If the evaluators determine that the person is a danger to self or others, they may file a petition for court-ordered treatment. AR.S. § 36-531(B). Under A.R.S. § 36-540 (2009), the maximum period of inpatient treatment that the court may order ranges from ninety days for a person found to be a danger to self to 365 days for a person found to be gravely disabled.

¶ 8 In this ease, we address whether a psychiatry resident with a one-year license has the authority to file a petition for evaluation, the precursor to the court-ordered evaluation. Because involuntary treatment proceedings may result in a serious deprivation of a person’s liberty interests, statutory requirements must be strictly construed and scrupulously followed. In re Maricopa County Superior Court No. MH 2001-001139, 203 Ariz. 351, 353, ¶ 8, 54 P.3d 380, 382 (App.2002). When addressing an issue of statutory interpretation, our review is de novo. State v. Ontiveros, 206 Ariz. 539, 541, ¶ 8, 81 P.3d 330, 332 (App.2003).

¶ 9 Appellant alleges that a petition for evaluation must be completed by a medical director and that Dr. Ahad does not qualify under the statutory definition. Neither A.R.S. § 36-523, which prescribes the content of a petition for evaluation, nor A.R.S. § 36-521

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218 P.3d 1020 (Court of Appeals of Arizona, 2009)

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Bluebook (online)
218 P.3d 1020, 222 Ariz. 563, 566 Ariz. Adv. Rep. 23, 2009 Ariz. App. LEXIS 725, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-mh-2008-001795-arizctapp-2009.