In Re the Appeal in Maricopa County of Mental Health Case No. MH 94-00592

OPINION

LANKFORD, Presiding Judge.

The Arizona State Hospital (“ASH”) appeals from the dismissal of its petition for court-ordered mental health treatment. The superior court found that ASH failed to provide sufficient evidence of the patient’s current behavior to indicate that he was persistently or acutely disabled as a result of a mental disorder. On appeal, three issues are presented:

1. Do we have jurisdiction over this appeal?

2. Did the trial court erroneously interpret the Mental Health Services Act1 to require clear and convincing evidence of current behavior which demonstrates the…