5,109
edits
Difference between revisions of "Mental Health Act and Youth (14:VIII)"
From Clicklaw Wikibooks
Mental Health Act and Youth (14:VIII) (view source)
Revision as of 17:08, 11 August 2023
, 17:08, 11 August 2023no edit summary
| Line 2: | Line 2: | ||
{{LSLAP Manual TOC|expanded = mentalhealth}} | {{LSLAP Manual TOC|expanded = mentalhealth}} | ||
The provisions for voluntary and involuntary detention under the ''MHA'' apply identically to adults and children ages 16 or older. Children 16 and older may request admission to a mental health facility and, if a physician finds that they have a mental disorder, they can be voluntarily admitted; they may also be discharged at their own request (''MHA'' s 20(6)( | The provisions for voluntary and involuntary detention under the ''MHA'' apply identically to adults and children ages 16 or older. Children 16 and older may request admission to a mental health facility and, if a physician finds that they have a mental disorder, they can be voluntarily admitted; they may also be discharged at their own request (''MHA'' s 20(6)(a)). | ||
A child over the age of 16 may be involuntarily admitted to a mental health facility when they meet the criteria set out under section 22 of the ''MHA''. Please see [[Mental Health Act: Involuntarily Admitted Patients (14:VII) | '''Section VII''']] for the requirements for admission as an involuntary patient. | A child over the age of 16 may be involuntarily admitted to a mental health facility when they meet the criteria set out under section 22 of the ''MHA''. Please see [[Mental Health Act: Involuntarily Admitted Patients (14:VII) | '''Section VII''']] for the requirements for admission as an involuntary patient. | ||
| Line 13: | Line 13: | ||
Children under the age of 16 can be admitted to a mental health facility via the same provisions that permit detention of adults. Children under 16 who are involuntarily detained have the same right to receive notice (''MHA'' s 34.1). The child must be informed both orally and in writing of the name and location of the facility they have been admitted to, their rights under section 10 of the Charter, and the provisions of sections 21, 25, 31, and 33 of the ''MHA''. | Children under the age of 16 can be admitted to a mental health facility via the same provisions that permit detention of adults. Children under 16 who are involuntarily detained have the same right to receive notice (''MHA'' s 34.1). The child must be informed both orally and in writing of the name and location of the facility they have been admitted to, their rights under section 10 of the Charter, and the provisions of sections 21, 25, 31, and 33 of the ''MHA''. | ||
=== Review Panel Hearings for Youth === | |||
Section 21 of the ''MHA'' advises the child that if they request to leave the facility, they are entitled to a hearing by review panel within the statutorily mandated time frames to determine whether their detention should continue. The process of a hearing by review panel is described under section 25 of the ''MHA''. Section 31 advises the child that treatment authorized by the director is deemed to be given with the consent of the patient, that they may request a second medical opinion on the appropriateness of their treatment once in each detention period, and that the director must consider whether the second opinion merits changes to the authorized treatment. Section 33 notifies the child that they can apply to the court for a discharge and explains how this action would proceed. | Section 21 of the ''MHA'' advises the child that if they request to leave the facility, they are entitled to a hearing by review panel within the statutorily mandated time frames to determine whether their detention should continue. The process of a hearing by review panel is described under section 25 of the ''MHA''. Section 31 advises the child that treatment authorized by the director is deemed to be given with the consent of the patient, that they may request a second medical opinion on the appropriateness of their treatment once in each detention period, and that the director must consider whether the second opinion merits changes to the authorized treatment. Section 33 notifies the child that they can apply to the court for a discharge and explains how this action would proceed. | ||
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. | 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. | ||
