2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-550.09 - Secure behavioral health residential facility; court determination; findings

36-550.09.
Secure behavioral health residential facility;  court determination;  findings
A. If a court finds that a patient meets the criteria for court-ordered treatment pursuant to section 36-540,  subsection A,  the court may approve the patient's placement in a secure behavioral health residential facility that is licensed by the department pursuant to section 36-425.06 and that is willing to accept the patient if the patient has been determined to be seriously mentally ill and the court finds that the patient is chronically resistant to treatment as set forth in this section. Placement in a secure behavioral health residential facility for treatment is not a period of inpatient treatment for the purposes of section 36-540,  subsection F.
B. 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 other less-restrictive settings,  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 due to the person's expressed or demonstrated unwillingness to cooperate with treatment in other less-restrictive or unsecured residential treatment settings.
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 or the person's need for treatment in a licensed secure residential setting to ensure the person's compliance with court-ordered treatment.
C. A person's placement in a licensed secure behavioral health residential facility for treatment shall be part of the written treatment plan presented to and approved by the court as required by section 36-540,  subsection C,  paragraph 2. The court shall confirm in the order that the person's placement in a licensed secure behavioral health residential facility is the least restrictive environment to ensure the person's compliance with the treatment plan.