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Rule 5. Enforcement of Tribal Court Commitment Order

Arizona Revised Statutes AnnotatedRules of Procedure for Enforcement of Tribal Court Involuntary Commitment Orders

Arizona Revised Statutes Annotated
Rules of Procedure for Enforcement of Tribal Court Involuntary Commitment Orders (Refs & Annos)
17C A.R.S. Tribal Court Invol. Commitment Orders, Rule 5
Rule 5. Enforcement of Tribal Court Commitment Order
(a) Entry of Order. The acceptance by the clerk of the filing of the tribal court order constitutes the entry of the order.
(b) Effective Date of Order. If no response is filed within 5 days after service of the notice of filing the tribal court order, a tribal court order entered by the clerk shall be enforceable in the same manner as if issued by the superior court.
(c) Standard of Review Following Response. The superior court shall not assess the validity of the tribal court order, but shall only assess its consistency with A.R.S. § 12-136 and these rules. A tribal court commitment order which contains all of the findings indicated in these rules shall be enforced subject to the same procedures, defenses and proceedings for reopening, vacating, or staying as a judgment of the superior court. The superior court judge shall attempt to resolve any issues raised regarding a tribal court order by contacting the tribal court judge who issued the order. If enforcement of an order is denied due to incomplete findings or unresolved issues regarding those findings, the superior court judge shall specifically state the reasons for the denial.
(d) Findings Required in the Tribal Court Order. The tribal court order shall be enforceable if it contains the following findings:
1. The legal and factual basis of the tribal court jurisdiction over the civil commitment proceedings and over the proposed patient.
2. The proposed patient received notice of the civil commitment proceeding and the allegations regarding the patient's mental condition and had the opportunity to be heard with the assistance of a person recognized by the tribal court as competent to represent the proposed patient.
3. Based upon the diagnosis by a licensed physician, the proposed patient suffers from a mental disorder as defined by Arizona law which renders the proposed patient a danger to self, a danger to others, persistently or acutely disabled and/or gravely disabled.
4. The treatment ordered is the least restrictive treatment which meets the needs of the proposed patient, and the proposed patient is unable or unwilling voluntarily to receive this treatment.
(e) Other Information Required in the Tribal Court Order. To aid in enforcement and sending required notices, the tribal court order shall include the following information:
1. The title, address and county of the tribal court entering the order of involuntary commitment.
2. The date the tribal court order was entered.
3. The name, address and location of the proposed patient.
4. The names and addresses of any attorneys, guardians or other persons with legal standing to represent the proposed patient and a brief statement of their authority and relationship.
5. The tribal official authorized to receive service under these rules and the address at which service may be made.
(f) Commitment Period. The period of commitment shall not be enforceable for a longer period of time or in a manner different than permitted by Arizona law and shall commence on the date the tribal court order was entered.

Credits

Added Jan. 26, 1994, effective June 1, 1994. Amended Aug. 27, 2015, effective Jan. 1, 2016.
17C A. R. S. Tribal Court Invol. Commitment Orders, Rule 5, AZ ST TRIBAL CT COMMIT ORDERS Rule 5
Current with amendments received through 05/1/19
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