Mental Health Act and Youth (14:VIII): Difference between revisions
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Mental Health Act and Youth (14:VIII) (view source)
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, 19 August 2021→B. Voluntary Admission of Youth
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Children under the age of 16 can be admitted to a mental health facility under the same provisions that permit voluntary detention of adults. However, there is another way for youth to be “voluntarily” admitted to a health facility. At the request of a parent or guardian, a child can be admitted to a mental health facility on a voluntary basis if the examining physician determines that the child has a mental disorder (''MHA'' s. 20). This is considered a voluntary detention because parents have the legal right to make decisions on behalf of their children; however, this does not mean that the detention is considered voluntary by the child. Because the parents consented to the detention on behalf of the child, they are also able to remove the child at any time. If a parent or guardian requests that the child be discharged, the request must be followed unless the director is satisfied that the child meets the conditions for involuntarily admitting a patient over the age of 16. | Children under the age of 16 can be admitted to a mental health facility under the same provisions that permit voluntary detention of adults. However, there is another way for youth to be “voluntarily” admitted to a health facility. At the request of a parent or guardian, a child can be admitted to a mental health facility on a voluntary basis if the examining physician determines that the child has a mental disorder (''MHA'' s. 20). This is considered a voluntary detention because parents have the legal right to make decisions on behalf of their children; however, this does not mean that the detention is considered voluntary by the child. Because the parents consented to the detention on behalf of the child, they are also able to remove the child at any time. If a parent or guardian requests that the child be discharged, the request must be followed unless the director is satisfied that the child meets the conditions for involuntarily admitting a patient over the age of 16. | ||
The “deemed consent to treatment” provision under section 31 of the MHA does not apply to children who are detained at the request of their parents. Consent must come from the child’s parents, unless the child is considered a mature minor with the capacity to engage in their own decision-making. A mature minor is a child under the age of 16 who has been found to have legal capacity and the right to decision-making autonomy commensurate with their intelligence and maturity ([https://canliiconnects.org/en/cases/2009scc30 ''A.C. v. Manitoba (Director of Child and Family Services)'', 2009 SCC 30]). Children who are mature minors have the authority to consent to their own treatments. Their right to consent cannot be overridden by the parent or guardian, medical team, or the director without a court order. The Infants Act allows doctors to attain consent from mature minors who understand the nature and consequences of a given treatment as well as its potential risks. | The “deemed consent to treatment” provision under section 31 of the ''MHA'' does not apply to children who are detained at the request of their parents. Consent must come from the child’s parents, unless the child is considered a mature minor with the capacity to engage in their own decision-making. A mature minor is a child under the age of 16 who has been found to have legal capacity and the right to decision-making autonomy commensurate with their intelligence and maturity ([https://canliiconnects.org/en/cases/2009scc30 ''A.C. v. Manitoba (Director of Child and Family Services)'', 2009 SCC 30]). Children who are mature minors have the authority to consent to their own treatments. Their right to consent cannot be overridden by the parent or guardian, medical team, or the director without a court order. The Infants Act allows doctors to attain consent from mature minors who understand the nature and consequences of a given treatment as well as its potential risks. | ||
In a way, this provides children with more protection than those over the age of 16. Rather than being subjected to the “deemed consent” treatments required by the director, which prevent adults from having a decision-maker act on their behalf, parents are able to consent to treatments on behalf of the child. Alternatively, children who are considered mature minors may consent to their own treatments. | In a way, this provides children with more protection than those over the age of 16. Rather than being subjected to the “deemed consent” treatments required by the director, which prevent adults from having a decision-maker act on their behalf, parents are able to consent to treatments on behalf of the child. Alternatively, children who are considered mature minors may consent to their own treatments. | ||
