Avitia v. Crisis Preparation & Recovery, Inc.
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In this wrongful death action, the Supreme Court held that the statutory duty to report child abuse or neglect or under Ariz. Rev. Stat. 13-3620(A) does not encompass reporting a risk of future harm and that mental health professionals owe a duty to third parties based on their special relationship and public duty and not on foreseeability of harm.
A licensed professional counselor initiated the process for involuntary court-ordered evaluation and treatment pursuant to Ariz. Rev. Stat. 36-523 alleging that Mother was a danger to herself and others and persistently disabled. The superior court granted the petition. After court-ordered treatment Mother was discharged, and the petition was dismissed. Five days later, Mother drowned her twin boys. Father brought this action against, among others, Crisis Preparation and Recovery Inc. The superior court granted summary judgment for Crisis Prep, finding that it had no duty to report Mother's condition given that she was undergoing court-ordered treatment. The Supreme Court affirmed, holding (1) section 13-3620(A) did not impose a duty on Crisis Prep under the circumstances; and (2) Hamman v. County of Maricopa, 161 Ariz. 58 (1989), and Little v. All Phoenix South Community Mental Health Center, 186 Ariz. 97 (App. 1996), are overruled to the extent they found a duty in such circumstances based on foreseeability.
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