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Difference between revisions of "Mental Health Act and Youth (14:VIII)"
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Mental Health Act and Youth (14:VIII) (view source)
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The above mentioned report released by the Representative for Children and Youth highlights that children detained under the ''MHA'' feel unheard and uninformed in spite of the obligation to inform children of their rights and in spite of the procedures for reviewing their detention. An investigation by CLAS was cited in support of the view that health care providers have inadequate education, training, and time to advise children of their rights ([https://d3n8a8pro7vhmx.cloudfront.net/clastest/pages/1794/attachments/original/1527278723/CLAS_Operating_in_Darkness_November_2017.pdf?1527278723 Community Legal Assistance Society, Operating in Darkness: BC’s ''Mental Health Act'' Detention System (Vancouver, 2017), 67]), and that this has significant consequences for children involuntarily detained under the ''Act''. Children face significant barriers to exercising their rights, including barriers to accessing legal representation. | The above mentioned report released by the Representative for Children and Youth highlights that children detained under the ''MHA'' feel unheard and uninformed in spite of the obligation to inform children of their rights and in spite of the procedures for reviewing their detention. An investigation by CLAS was cited in support of the view that health care providers have inadequate education, training, and time to advise children of their rights ([https://d3n8a8pro7vhmx.cloudfront.net/clastest/pages/1794/attachments/original/1527278723/CLAS_Operating_in_Darkness_November_2017.pdf?1527278723 Community Legal Assistance Society, Operating in Darkness: BC’s ''Mental Health Act'' Detention System (Vancouver, 2017), 67]), and that this has significant consequences for children involuntarily detained under the ''Act''. Children face significant barriers to exercising their rights, including barriers to accessing legal representation. | ||
To address these concerns, the MHRB has employed a Navigator commencing May 2023 who is working to assess the needs of children and youth applicants. The Navigator is the point person for all communications and coordination of children and youth applicant hearings from the time of filing of the application for hearing to the conclusion of the hearing. The Navigator has ongoing communication with the applicant and participants regarding the process steps, the Board’s Rules of Practice and Procedure, the incorporation of any children and youth protocols and practices, and the implementation of any reasonable accommodations including cultural, spiritual, emotional, language-related, and technical. | |||
In addition, the facility and the patient or their representative are to attend a pre-hearing conference with the Navigator, as necessary, for hearings involving children and youth. The pre-hearing conference may be by telephone or other method set by the MHRB and at a time set by the MHRB. The purpose of the pre-hearing conference is to address any reasonable accommodation requests by the applicant, outstanding disclosure or witness issues, or any other issues raised by the parties to ensure that the applicant is provided trauma-informed, procedurally fair, and timely access to justice. | |||
The MHRB has special obligations in relation to children under the ''United Nations Convention on the Rights of the Child''. To honour these obligations, the MHRB has issued [https://www.bcmhrb.ca/resources/ Practice Direction – Children in Hearings]. This Practice Direction describes the procedures that must be followed by all participants to ensure a child-centred approach to review panel hearings when applications are made by children who under the age of 19 years. | |||
=== Guiding Principles of Review Panel Hearings for Youth === | |||
* Best Interests of Child: | |||
:: the hearing process is oriented to the needs and best interests of the child. This approach must account for the child’s individual needs, abilities, age, maturity, language, and culture. In particular, it must account for the rights of Indigenous children under the ''United Nations Declaration on the Rights of Indigenous Peoples''. | |||
* Minimize conflict: | |||
:: the hearing process is designed to minimize and reduce the duration of conflict the child experiences and any negative impact on the child. | |||
* Preserve Relationships: | |||
:: participants must conduct themselves with honesty and integrity, and must not act in a manner that would undermine the MHRB’s processes. Participants must treat all persons in the hearing with courtesy and respect. The hearing process, in and of itself, does not increase family conflict or harm the child’s relationship with their healthcare providers or caregivers. | |||
* Voice, fairness, and safety: | |||
:: the child has the right to participate in a hearing process that is respectful, fair, and safe. A child capable of forming their own views has the right to express those views and to have those views be given due weight in accordance with their age and maturity. The child must have the opportunity to have their views and preferences heard, either directly or through a representative. | |||
* Accessible, proportionate, and timely: | |||
::the hearing process is understandable and explained to the child in a developmentally appropriate manner. There should be proportionality between the issues to be resolved and the processes used to resolve them. Decisions affecting a child are to be made in a timely way that is appropriate to the child’s sense of time and in accordance with the ''[https://www.bcmhrb.ca/app/uploads/sites/431/2020/01/BC-MHRB-Rules-of-Practice-and-Procedure-effective-Jan-31-2020.pdf Board’s Rules of Practice and Procedure]''. | |||
=== Direction for Review Panel Hearings for Youth === | |||
* Notice: | |||
:: participants must notify the MHRB immediately when an application for a review panel hearing is made by a child. Participants include the child’s representative, case presenters, and facility representatives. | |||
* Guiding Principles: | |||
:: participants must apply these Guiding Principles to every hearing involving a child. All participants must ensure the child has the opportunity to be heard and consulted, either directly or through a representative, in all matters of process and substance affecting the child in light of such factors as their age, maturity, culture, language, or any individual need. | |||
* Flexible Process: | |||
:: participants must expect a flexible process for hearings involving a child. The Board and panel will apply a flexible process to ensure that the Guiding Principles infuse every review panel hearing involving a child. For example, this may result in shorter hearings or the participation of guardians in appropriate cases. | |||
* Process to request that Guardians attend the hearing: | |||
:: if either party wishes a guardian to be present for all or part of the hearing, the guardian must be available at the beginning of the hearing. The party advocating for the guardian to attend, must, at the beginning of the hearing, provide the reasons to the panel members that the attendance of the guardian is helpful and in the best interests of the child. The panel will then rule on whether the guardian is to be present or not, and will also rule on whether the guardian will be attending in the role of a witness (attendance is limited to providing evidence) or is attending as an observer (cannot give evidence). | |||
== B. Voluntary Admission of Youth == | == B. Voluntary Admission of Youth == | ||
