|
House Engrossed
mental health; intensive treatment orders |
|
State of Arizona House of Representatives Fifty-seventh Legislature First Regular Session 2025
|
|
HOUSE BILL 2706 |
|
|
|
|
AN ACT
Amending title 36, chapter 5, article 5, Arizona Revised Statutes, by adding section 36-540.03; relating to court-ordered treatment.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 36, chapter 5, article 5, Arizona Revised Statutes, is amended by adding section 36-540.03, to read:
36-540.03. Intensive treatment services; determination of need; order; definition
A. The court may enter an order for intensive treatment services as prescribed in this section. The order for intensive treatment services may be entered by the court as an initial order for treatment or on entering an amended or renewed order for treatment. An order for intensive treatment services shall incorporate a written intensive treatment services plan that is approved by the court, prepared by staff who are familiar with the patient's case history and approved by the medical director of the agency or organization designated to administer and supervise the patient's treatment program. The intensive treatment services plan shall conform with the requirements of section 36-540.01, subsection B and shall contain other specific orders for intensive treatment services.
B. The court may enter an order for intensive treatment services if the court finds by clear and convincing evidence that the patient has been determined to be seriously mentally ill and is chronically resistant to treatment.
C. A court may determine that a person is chronically resistant to treatment if the court finds that, within twenty-four months before the issuance of a court order pursuant to this section, excluding any time during this period that the person was hospitalized or incarcerated, the person demonstrated a persistent or recurrent unwillingness or inability to participate in or adhere to treatment for a mental disorder despite having treatment offered, prescribed, recommended or ordered to improve the person's condition or to prevent a relapse or harmful deterioration of the person's condition. The court's finding shall be based on evidence that establishes all of the following by clear and convincing evidence:
1. The person received treatment in the preceding twenty-four months in community mental health residential treatment services and facilities, including unsecured residential treatment settings with on-site twenty-four-hour supportive treatment and supervision by staff with behavioral health training, and the treatment was unsuccessful or is not likely to be successful without an intensive treatment order due to the person's expressed or demonstrated unwillingness to cooperate with treatment.
2. The person's nonadherence to or nonparticipation in treatment over the preceding twenty-four months resulted in one or more of the following:
(a) Serious harm to self.
(b) Serious harm or threats of serious harm to others.
(c) Recurrent periods of homelessness resulting from the mental disorder.
(d) Recurrent serious medical problems due to poor self-care or failure to follow medical treatment recommendations.
(e) Recurrent arrests due to behavior resulting from the mental disorder.
3. Any other evidence relevant to the
person's willingness or ability to participate C. A
court may determine that a person is chronically resistant to treatment if the
court finds that, within twenty-four months before the issuance of a court
order pursuant to this section, excluding any time during this period that the
person was hospitalized or incarcerated, the person demonstrated a persistent
or recurrent unwillingness or inability to participate in or adhere to
treatment for a mental disorder despite having treatment offered, prescribed,
recommended or ordered to improve the person's condition or to prevent a
relapse or harmful deterioration of the person's condition. The
court's finding shall be based on evidence that establishes all of the
following by clear and convincing evidence:
1. The
person received treatment in the preceding twenty-four months in
community mental health residential treatment services and facilities,
including unsecured residential treatment settings with on-site twenty-four-hour
supportive treatment and supervision by staff with behavioral health training,
and the treatment was unsuccessful or is not likely to be successful without an
intensive treatment order due to the person's expressed or demonstrated
unwillingness to cooperate with treatment.
2. The
person's nonadherence to or nonparticipation in treatment over the preceding
twenty-four months resulted in one or more of the following:
(a) Serious harm to self.
(b) Serious harm or threats of serious
harm to others.
(c) Recurrent periods of homelessness
resulting from the mental disorder.
(d) Recurrent serious medical problems due
to poor self-care or failure to follow medical treatment recommendations.
(e) Recurrent arrests due to behavior
resulting from the mental disorder.
3. Any
other evidence relevant to the person's willingness or ability to participate in
and adhere to treatment without an intensive treatment order.
D. If the court enters an order for intensive treatment services, the court shall advise the patient orally and in writing that the intensive treatment services plan approved by the court is part of the court order enforceable by the court and that noncompliance with the court's order or the terms and conditions of the intensive treatment services plan may result in the issuance of an order for the patient to be placed in or returned to inpatient treatment and an order for a peace officer to detain the patient for that purpose. The court shall advise the patient that the court may set periodic compliance hearings to address the patient's compliance with the intensive treatment services plan and the services provided to the patient and that the intensive treatment services plan may be changed or modified at any such hearing whether or not the patient is present.
E. The court shall order the medical director of the mental health treatment agency designated to administer and supervise the patient's intensive treatment services plan to provide notice to the court of specific instances of the patient's significant or persistent noncompliance with the intensive treatment services plan and order the medical director to file written progress reports with the court at least every sixty days. The court may set a compliance hearing at time designated by the court and require the patient and a representative of the patient's treatment team to appear to address the patient's compliance with the intensive treatment services plan and the services provided. The court may change or modify the intensive treatment services plan at any such compliance hearing on motion of any party or on the court's own motion. The treatment agency shall provide notice of the date, time and place of any compliance hearing to the patient, the patient's attorney and the patient's guardian, if applicable, at the last known address provided to the agency by those persons.
F. In order to receive any intensive treatment services ordered by the court, the patient shall not be required by any agency or provider to agree or consent to the intensive treatment services if the court specifically finds that the patient's mental disorder significantly impairs the patient's capacity to make an informed decision regarding treatment.
G. For the purposes of this section, "intensive treatment services" means services for which the patient is eligible under the laws of this state and that are identified in a written intensive treatment services plan that is approved by the court and that includes all of the following:
1. Assignment of the patient to a treatment team with an intensive case manager for any outpatient services who is required, among other duties:
(a) To have in-person contact with the patient at such frequency that will facilitate the patient's adherence to and compliance with the treatment plan and will allow for regular firsthand assessment of the patient's progress and condition.
(b) To designate a team of professionals to address the specific needs of the patient to improve the patient's condition and to prevent a relapse or harmful deterioration of the patient's condition.
2. Residential placement that provides the patient with a stable, safe and, if necessary, secure residence to enhance compliance with the treatment plan and protect the safety of the patient and the public.
3. Medically necessary
nonemergency transportation to transport the patient to and from a covered
physical or behavioral health service[Safe, reliable and adequate transportation][Medically necessary nonemergency transportation to
transport the patient to and from a covered physical or behavioral health
service] for the patient to successfully comply with the treatment plan.
4. Treatment services specified in the Intensive Services Treatment Plan for which the patient is found to be eligible that are designated by the treatment team and ordered by the court and that are believed to be necessary to improve and prevent the deterioration of the patient's condition and to protect the patient and the public.