In Re MH 2006-000490 – 3/22/2007

March 26, 2007

Arizona Court of Appeals Division One Rules Doctor’s Finding of Mental Retardation Is Insufficient Basis to Order Involuntary Mental Health Treatment.

A man who was ordered to undergo involuntary mental health treatment appealed the ruling on the ground that one of two physicians who submitted an affidavit in support of the order had diagnosed him as having mental retardation but not a “mental disorder” under A.R.S. § 36-533(B). By statute, “mental disorder” is defined to exclude “[c]onditions that are primarily those of drug abuse, alcoholism or mental retardation.” A.R.S. § 36-501(26)(a). On appeal, the Court of Appeals agreed that the diagnosis of mental retardation was an insufficient basis under A.R.S. § 36-539(B) to order involuntary treatment. The court, therefore, reversed and remanded.

Judge Barker wrote the opinion for the unanimous panel; Judge Snow and Judge Kessler concurred.