Emergency Admission Detention Period In Arizona
In re MH 2006-002044, 217 Ariz. 31, 170 P.3d 280 (App. 2007), addressed an analogous statute.
Section 36-527(A) prohibits detaining an individual longer than twenty-four hours for an emergency admission unless a Petition for Court-Ordered Evaluation ("PCOE") is filed. Id. at 32-33, P 6, 170 P.3d at 282.
In MH 2006-002044, the patient was detained pursuant to an Application for Emergency Admission for Evaluation, but the PCOE was not filed until two days later, after a second application was made. Id. at 32, PP 2-3, 170 P.3d at 281.
The Court determined it was the "prolonged detention that violates the statute, not the filing of the second petition." Id. at 33, P 6, 170 P.3d at 282.