Mental Health Act: Involuntarily Admitted Patients (14:VII): Difference between revisions
Jump to navigation
Jump to search
Mental Health Act: Involuntarily Admitted Patients (14:VII) (view source)
Revision as of 23:34, 5 August 2024
, 5 Augustno edit summary
No edit summary |
No edit summary |
||
| Line 173: | Line 173: | ||
'''Involuntary Patient Status''' | '''Involuntary Patient Status''' | ||
Under section 25(2) of the ''MHA'', the Review Panel is authorized to determine whether the detention of the patient should continue. The patient’s detention must continue if sections 22(3)(a)(ii) and (c) continue to describe the patient. Section 22(3)(a)(ii) requires that the person or patient is a person with a mental disorder. | Under section 25(2) of the ''MHA'', the Review Panel is authorized to determine whether the detention of the patient should continue. The patient’s detention must continue if sections 22(3)(a)(ii) and (c) continue to describe the patient. Section 22(3)(a)(ii) requires that the person or patient is a person with a mental disorder. | ||
The MHA defines a person with a mental disorder as a person who has a disorder of the mind that requires treatment and seriously impairs the person’s ability to either react appropriately to the person’s environment or to associate with others. Section 22(3)(c) adds three more criteria that are required for involuntary patient status. That is, the patient is a person with a mental disorder who | The ''MHA'' defines a person with a mental disorder as a person who has a disorder of the mind that requires treatment and seriously impairs the person’s ability to either react appropriately to the person’s environment or to associate with others. Section 22(3)(c) adds three more criteria that are required for involuntary patient status. That is, the patient is a person with a mental disorder who | ||
:(i) requires treatment in or through a designated facility, | :(i) requires treatment in or through a designated facility, | ||
| Line 182: | Line 182: | ||
A Review Panel hearing must be conducted notwithstanding any defects in authority (Forms 4.1 and 4.2 as well as Form 6) for the initial or renewed detention pursuant to section 22 of the ''MHA''. | A Review Panel hearing must be conducted notwithstanding any defects in authority (Forms 4.1 and 4.2 as well as Form 6) for the initial or renewed detention pursuant to section 22 of the ''MHA''. | ||
In ''[https://www.canlii.org/en/bc/bcsc/doc/2024/2024bcsc464/2024bcsc464.html#_Toc161730437 AA v Lions Gate Hospital (Director)]'', 2024 BCSC 464, the BC Supreme Court finds that the four criteria above are insufficient for permanent detention of an individual. Rather, the court finds the ''MHA'' requires regular reviews to justify and reassess a patient’s status as involuntary. Once one or more of the four criteria are no longer met, a patient can no longer be involuntarily admitted. | |||
'''Compliance with Treatment Plans''' | '''Compliance with Treatment Plans''' | ||