Judges in Arizona court-ordered mental health cases may let patients, attorneys and witnesses appear by phone or video, or hold a hearing that way, under set conditions, and the law clarifies how placements in secure behavioral health residential facilities are planned and coordinated.
Official title: mental health; hearings; audiovisual technology
- September 12, 2026: Virtual hearing rules for mental health proceedings, treatment hearings and continued-treatment hearings
- Applies retroactively from and after April 30, 2025: Changes to definitions, court treatment options and secure behavioral health residential facility rules
What changes
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NowIn any proceeding under the mental health chapter, the court, on its own or for good cause shown by a party, may order the hearing held by phone, video or other audiovisual technology, or let a witness or party appear that way, if it finds this will not unfairly prejudice a party or witness. The court must consider the burden of attending in person and whether everyone can be heard, including the judge and any court reporter or recording system.
BeforeAt hearings on court-ordered treatment, the patient and the patient's attorney must be present. At hearings on continuing court-ordered treatment, the patient's attorney must be present, and the patient has the right to attend but may choose not to.
NowAt those hearings, the court, for good cause shown, may allow the patient, the patient's attorney or any witness to appear and testify in open court by phone, video or other audiovisual technology.
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NowA person placed in a licensed secure behavioral health residential facility may appear and testify in open court by phone, video or other audiovisual technology under the new virtual-hearing rules.
BeforeA secure behavioral health residential facility placement was handled as part of the court's outpatient or combined treatment order and approved treatment plan.
NowThe placement must be part of a written treatment plan that meets existing treatment plan requirements and is presented to the court by a mental health treatment agency. The supervising mental health treatment agency and the secure facility must coordinate the patient's care under Department of Health Services rules or as required by AHCCCS.
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NowA secure behavioral health residential facility that serves only people placed there by court order under the secure-facility law is not counted as a "mental health treatment agency."
Who it affects
- People in court-ordered mental health evaluation or treatment proceedings
- Attorneys and witnesses in those proceedings
- People placed in secure behavioral health residential facilities
- Superior courts
- Mental health treatment agencies
- Secure behavioral health residential facilities
- Arizona Supreme Court
- Department of Health Services and AHCCCS
What you need to do
Nothing.
What the law doesn't answer
- What counts as "good cause" for allowing phone or video appearances
- Whether the Supreme Court will adopt rules for virtual proceedings, and what they would say
- What the required care coordination between treatment agencies and secure facilities will involve
- How the retroactive changes affect orders already issued since April 30, 2025
This summary describes the law as enacted. Later laws, court rulings or referendum petitions can change the picture. Check the official text for the current wording.