Division of Behavioral Health Services

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 or "domestication" 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

Contacts

Training Resources

Links to Other Resources

To recommend updates or revisions to this web page, send BHS Compliance an email with "Tribal Inv. Commitment" in the subject line.

This website is sponsored by ADHS/DBHS in coordination with ITCA, ASH, the AZ State Attorney General’s Office, AHCCCS, American Indian Tribes located in AZ and the AZ State TRBHAs & RBHAs.

Note: Information provided in PDF files, unless otherwise indicated.