Petition Process

Sometimes it may be necessary to initiate civil commitment proceedings when due to a member’s mental disorder that person is unable or unwilling to participate in treatment to ensure the safety of the member, or the safety of other persons,.

In the State of Arizona, individuals can be ordered by the courts to participate in behavioral health treatment if they are found to be,

• A danger to themselves
• A danger to others
• Persistently and Acutely Disabled (PAD), and/or
• Gravely Disabled

Definitions

Danger to Self (DTS)
(a) Behavior which, as a result of a mental disorder, constitutes a danger of inflicting serious physical harm upon oneself, including attempted suicide or the serious threat thereof, if the threat is such that, when considered in the light of its context and in light of the individual's previous acts, it is substantially supportive of an expectation that the threat will be carried out.
(b) Behavior which, as a result of a mental disorder, will, without hospitalization, result in serious physical harm or serious illness to the person, except that this definition shall not include behavior which establishes only the condition of gravely disabled.

Danger to Others (DTO)
The judgment of a person who has a mental disorder is so impaired that he is unable to understand his need for treatment and as a result of his mental disorder his continued behavior can reasonably be expected, on the basis of competent medical opinion, to result in serious physical harm to others.

Persistently or Acutely Disabled (PAD)
A severe mental disorder that meets all the following criteria:
(a) If not treated has a substantial probability of causing the person to suffer or continue to suffer severe and abnormal mental, emotional or physical harm that significantly impairs judgment, reason, behavior or capacity to recognize reality.
(b) Substantially impairs the person's capacity to make an informed decision regarding treatment and this impairment causes the person to be incapable of understanding and expressing an understanding of the advantages and disadvantages of accepting treatment and understanding and expressing an understanding of the alternatives to the particular treatment offered after the advantages, disadvantages and alternatives are explained to that person.

Gravely Disabled (GD)
A condition evidenced by behavior in which a person, as a result of a mental disorder, is likely to come to serious physical harm or serious illness because he/she is unable to provide for his/her basic physical needs.

Filing A Petition

An Emergent Petition, which is requested by a responsible party when someone is (1) danger to themselves and/or (2) a danger to others, must be filed in person by a responsible party, at one of the following facilities:

Connections of AZ, 602-416-7600
903 N. 2nd Street, Phoenix
or
Recovery Innovations, 602-650-1212
11361 N. 99th Ave, #402, Peoria

A Non-emergent petition, which is made by a responsible party for an individual that is considered to be possibly (1) Persistently and Acutely Disabled (PAD) and/or (2) Gravely Disabled, can be requested by contacting the Magellan member services department at 1-800-564-5465.