Tribal Court Procedures for Involuntary Commitment: Information Center
Purpose
This Information Center has been created to remedy the lack of information concerning the unique jurisdictional, legal and coordination of care issues related to American Indians and the state's behavioral health system.
Background
Arizona law provides for the recognition and enforcement of tribal court orders for involuntary commitment to treatment including admission to the Arizona State Hospital (ASH) for American Indians residing on tribal reservations. The Arizona statute is necessary as Tribal governments are sovereign and have sole jurisdiction over Tribal Members on reservations. Legal, jurisdictional, and continuity of care issues exist related to the coordination of courts ordering treatment for American Indians and which result from the unique "carve out" of the managed care behavioral health care system in Arizona.
History
In February, 2008, a representative from the Intertribal Council of Arizona (ITCA) placed a request before the Arizona Department of Health Services (ADHS) Director's meeting of the three Indian Health Service (IHS) Area Directors concerning a critical need for training and informational outreach to the tribes and the Regional Behavioral Health Authorities (RBHAs) concerning the process of court ordered treatment for American Indians. Mr. Eddy Broadway, former Director of the Division of Behavioral Health Services (DBHS) assigned the Tribal Contract Administrator to work, in conjunction with ITCA, on addressing this need. Read more about the History.
Applicable Laws and Regulations
- Legal & Regulatory Resources
- Executive Order 2006-14
- 36 ARS 541 Mandatory Local Treatment
- 12 ARS136 Rules & Forms for Enforcement of Involuntary Commitment
- 12 ARS 136 Flow Chart
Contacts
- Tribal Contacts
- TRBHA and RBHA Contacts/Tribal Liaisons
- Arizona State Hospital (ASH) Contacts
- AHCCCS Contacts
- Tribal Courts/Judicial Contacts
Training Resources
Training Documents from the 2015 Sessions
- Tribal Involuntary Commitment Protocol Flow Chart – San Carlos Apache Tribe
- Training Resources & Binder Materials for Fall 09
- Cover Page
- Table of Contents
- Tab 1 – Principles of American Indian Law
- Tab 2 – Title 12-136, Rules of Procedure and Guardianship
- Tab 3 – Continuity of Care
- Tab 4 – ASH Admission Processes
- Tab 5 – AHCCCS/Medicaid Behavioral Health Payments
- Tab 6 – Tribal Court Order Processes
- Tab 7 – Web Page-"Tribal Court Procedures for Involuntary Commitment – Information Center"
- Tab 8 – Case Studies, other; Misc.
Additional Resources
- American Indian Health Program (AIHP) Court Order Treatment (COT) FAQs
- ASH Website and Information
- Tribal/RBHA Letters of Agreement
This website is sponsored by AHCCCS in coordination with ITCA, ASH, the AZ State Attorney General’s Office, American Indian Tribes located in AZ and the AZ State TRBHAs and RBHAs.