S.I. No. 97/2007 - District Court (Mental Health) Rules 2007


SI No.97 of 2007

District Court (Mental Health) Rules 2007

The District Court Rules Committee, in exercise of the powers conferred on them by section 91 of the Courts of Justice Act 1924, section 72 of the Courts of Justice Act 1936, section 34 of the Courts (Supplemental Provisions) Act 1961 and section 24 of the Interpretation Act 2005, do hereby, with the concurrence of the Minister for Justice, Equality and Law Reform, make the following rules of court:-

1          These rules may be cited as the District Court (Mental Health) Rules 2007.

2          These rules shall come into operation on the 2nd day of April 2007 and shall be read together with all other District Court rules for the time being in force.

3          The District Court Rules (SI No 93 of 1997) are hereby amended by the insertion therein of the following immediately after Order 84 thereof:

“Order 84A

Mental Health Act 2001

1.(1)    In this Order -

“the Act” means the Mental Health Act 2001.

(2)    The provisions of rules 2, 3 and 4 of Order 84 of these Rules shall apply, mutatis mutandis, to proceedings to which this Order applies.

2(1).    Save where a child has been detained in accordance with section 23(2) of the Act or in a case to which section 25(7) of the Act applies, an application under section 25(1) of the Act for an order authorising the detention of a child in an approved centre shall be made to a Judge of the District Court assigned to the district court district in which the child resides or is for the time being to be found at a sitting of the Court for the said District. Save in a case to which section 25(7) of the Act applies, such application shall be preceded by the issue and service of a notice in the Form 84A.1 Schedule C upon the parents of the child or either of them or upon a person acting in loco parentis of the child. Such notice shall be served at least ten days prior to the date fixed for hearing the application. Where a child has been detained in accordance with section 23(2) of the Act, such notice shall be served as promptly as reasonably possible and prior to the hearing of the application at a sitting of the Court held within the time specified in section 23(3) of the Act, and may be served by delivering a copy of the notice to the parents of the child or either of them or upon a person acting in loco parentis of the child.

3.      An order of the Court made under section 25(8) of the Act giving directions as to the care and custody of the child who is the subject of the application under section 25(1) of the Act pending the Court's determination thereof shall be in the Form 84A.2 Schedule C. The applicant shall cause the said order to be served upon the respondent and upon any other person directly affected by the said order.

4.      An order of the Court made under section 25(4) of the Act directing that the Health Service Executive arrange for the examination of the child by a consultant psychiatrist, not being a relative of the child, and that a report of the results of the examination be furnished to the Court, shall be in the Form 84A.3 Schedule C.

5.      An order of the Court made under section 25(6) of the Act that the child be admitted and detained for treatment in a specified approved centre for a period not exceeding 21 days shall be in the Form 84A.4 Schedule C. The applicant shall cause the said order to be served upon the parents of the child or either of them or upon a person acting in loco parentis of the child and upon any other person directly affected by the said order.

6.      Except where the Court otherwise directs under section 25(7) of the Act, an application by the Health Service Executive under section 25(9) of the Act for an extension of the period of detention of the child the subject of the application, or under section 25(10) by the Health Service Executive for a further extension of the period of detention of the child the subject of the application shall be preceded by the issue and service upon the parents of the child or either of them or upon a person acting in loco parentis of the child of a notice of such application in the Form 84A.5 Schedule C. Such notice shall be served at least ten days prior to the date fixed for hearing the application. An order made on such application shall be in the Form 84A.6 Schedule C.

7.      An application for the approval of the Court pursuant to section 25(12) or section 25(13) of the Act shall be by notice of application in the Form 84A.7 Schedule C. Such notice shall be served upon the parents of the child or either of them or upon a person acting in loco parentis of the child at least ten days prior to the date fixed for hearing the application. An order made on such application shall be in the Form 84A.8 Schedule C. The applicant shall cause the said order to be served upon the parents of the child or either of them or upon a person acting in loco parentis of the child and upon any other person directly affected by the said order.

8.      Notwithstanding any of the preceding rules, where the Judge is satisfied that the urgency of the matter so requires, an application under section 25 of the Act may -

(a)  be made ex parte, subject to the lodgment with the Clerk of the appropriate notice of application duly completed;

(b)  in the case of a child to whom section 23 of the Act applies, be heard, and an order made thereon, elsewhere than at a public sitting of the Court.”

4          The Forms numbered 84A.1 to 84A.8 inclusive in Schedule 1 hereof shall be added to the Forms in Schedule C of the District Court Rules 1997 (SI No. 93 of 1997).

SCHEDULE 1

No. 84A.1

SCHEDULE C

O.84A, r.2

MENTAL HEALTH ACT 2001, Section 25(1)

NOTICE OF APPLICATION FOR ORDER AUTHORISING DETENTION IN AN APPROVED CENTRE

District Court Area of

District No.

In the matter of ................................................................................a child

Name (if known) or description

...............................................................................................Applicant

...............................................................................................Respondent

WHEREAS the above-named child * was residing * has been found in a functional area of the Health Service Executive and appears to the applicant to be suffering from a mental disorder

* [WHEREAS, pursuant to section 23(2) of the above-mentioned Act,

* the parents

* a parent

* a person acting in loco parentis

of the above-named child who is being treated in an approved centre as a voluntary patient, has indicated that * (s)he wishes to remove the child from the approved centre and a consultant psychiatrist, registered medical practitioner or registered nurse on the staff of the approved centre is of opinion that the child is suffering from a mental disorder, and the child has accordingly been detained and placed in the custody of the Health Service Executive for the time being]

* [WHEREAS the above-named child * [is residing] * [has been found in] a functional area of the applicant and appears to the applicant

* [to be suffering from a mental disorder]

* [to require treatment which (s)he is unlikely to receive unless the order hereinafter referred to is made]]

TAKE NOTICE that the above-named applicant will apply at the sitting of the District Court to be held at......................................................................................... on the .... day of ......20... for

* an order authorising the admission, detention and treatment of the above-named child pursuant to section 25(6) of the above-mentioned Act in [specify address of approved centre], being an approved centre within the meaning of the above-mentioned Act for the period of [ ], being a period not exceeding 21 days

* an order directing under 25(4) of the above-mentioned Act of 2001 that the applicant arrange for the examination of the child by a consultant psychiatrist who is not a relative of the child, and that a report of the results of the said examination be furnished to the court by the applicant within ..........................of the date of this order for directions.

* [and for such directions as may be appropriate].

Dated this ......day of......20...

 

Signed.................................................

Applicant / Solicitor for the Applicant

To......................................

of.......................................

And to: District Court Clerk

District Court at.....................

No. 84A.2

SCHEDULE C

O.84A, r.3

MENTAL HEALTH ACT 2001, Section 25(8)

ORDER GIVING DIRECTIONS FOR THE CARE AND CUSTODY OF A CHILD

District Court Area of

District No.

In the matter of ...............................................................................a child

Name (if known) or description

...............................................................................................Applicant

...............................................................................................Respondent

WHEREAS

✱on application by the Health Service Executive, made under section 25(1) of the above-mentioned Act, to the Court on the ...................... day of ..................20.....

THE COURT thinking it desirable to give directions for the care and custody of the above-named child pending determination of the application made under section 25(1) of the above-mentioned Act in respect of the said child

IT IS HEREBY DIRECTED under section 25(8) of the above-mentioned Act of 2001 as follows:-

Dated this.................... day of.................20....

 

Signed.......................................

Judge of the District Court

No. 84A.3

SCHEDULE C

O.84A, r.4

MENTAL HEALTH ACT 2001, Section 25(4)

ORDER GIVING DIRECTIONS FOR REPORT

District Court Area of

District No.

In the matter of ...............................................................................a child

Name (if known) or description

...............................................................................................Applicant

...............................................................................................Respondent

WHEREAS on application by the Health Service Executive, made under section 25(1) of the above-mentioned Act, to the Court on the .............day of ....................20......

There being no prior examination of the child the subject of the application by a consultant psychiatrist,

AND THE COURT BEING SATISFIED that there is reasonable cause to believe that the child the subject of the application is suffering from a mental disorder.

IT IS HEREBY DIRECTED under section 25(4) of the above-mentioned Act of 2001 that the applicant arrange for the examination of the child by a consultant psychiatrist who is not a relative of the child, namely ............................. of

............................................and that a report of the results of the said examination be furnished to the court by the applicant within ..........................of the date of this order.

Dated this          day of       20

 

Signed.......................................

Judge of the District Court

No. 84A.4

SCHEDULE C

O.84A, r.5

MENTAL HEALTH ACT 2001, Section 25(6)

ORDER FOR DETENTION

District Court Area of

District No.

In the matter of ................................................................................a child

Name (if known) or description

...............................................................................................Applicant

...............................................................................................Respondent

UPON APPLICATION MADE TO THIS COURT today by the above named applicant under section 25(1) of the above-mentioned Act for an order authorising the detention of the above named child, who appears to the Court to be aged ..... years, having been born so far as has been ascertained on the ...... day of ................and who ✱resides ✱has been found at ............. in a functional area of the applicant Health Service Executive and in the said court (area and) district.

THE COURT

✱[being satisfied that notice of the application was duly served]

Having considered the report of the consultant psychiatrist furnished to the court pursuant to ✱section 25(2)✱section 25(5) of the said Act.

And having considered the evidence adduced herein

AND THE COURT BEING SATISFIED that the child is suffering from a mental disorder

HEREBY ORDERS that the above named child be admitted and detained for treatment at an approved centre (within the meaning of section 63 of the said Act of 2001)

namely.......................at .................................... for the period of ........days (being a period not exceeding 21 days).

Dated this          day of         20

 

Signed.....................................

Judge of the District Court

No. 84A.5

SCHEDULE C

O.84A, r.6

MENTAL HEALTH ACT 2001, * Section 25(9) * Section 25(10)

NOTICE OF APPLICATION FOR ORDER EXTENDING PERIOD OF DETENTION

District Court Area of

District No.

In the matter of .................................................................................a child

Name (if known) or description

...............................................................................................Applicant

...............................................................................................Respondent

WHEREAS the Court on the....day of.........20.... made an order pursuant to section 25(6) of the above-mentioned Act authorising the detention of the above-named child in an approved centre on the grounds that -

(a)  the child was suffering from a mental disorder, and

(b)  the child required treatment which he or she was unlikely to receive unless an order was made under the said section

TAKE NOTICE that the above-named applicant will apply at the sitting of the District Court to be held at......................................................................................... on the .....day of ......20... for an order under

* section 25(9)

* section 25(10)

of the above-named Act of 2001 * further extending the period of detention of the above named child in an approved centre.

Dated this .........day of......20...

 

Signed................................................

Applicant / Solicitor for the Applicant

To......................................

of.......................................

And to: District Court Clerk

District Court at.....................

No. 84A.6

SCHEDULE C

O.84A, r.6

MENTAL HEALTH ACT 2001, * Section 25(9) * Section 25(10)

ORDER EXTENDING PERIOD OF DETENTION

District Court Area of

District No.

In the matter of ...............................................................................a child

Name (if known) or description

...............................................................................................Applicant

...............................................................................................Respondent

WHEREAS the Court on the.....day of........20.... made an order pursuant to section 25(6) of the above-mentioned Act authorising the detention of the above-named child in an approved centre, namely .......................................................................

UPON application made to the court today by the above named applicant Health Service Executive under * section 25(9) * section 25(10) of the above-named Act of 2001 for an order extending the period of detention of the above named child in the said approved centre.

THE COURT

* [being satisfied that notice of the application was duly served]

being satisfied that the above-named child has been examined by a consultant psychiatrist who is not a relative of the said child and that a report of the results of the examination has been furnished to the Court by the applicant on this application

having considered the said report

having heard the evidence adduced herein

BEING SATISFIED that the child is still suffering from a mental disorder

HEREBY ORDERS

* pursuant to section 25(9) of the above named Act of 2001 that the child be detained for treatment at an approved centre (within the meaning of section 63 of the said Act of 2001) namely ...................... at .................................... for a further period of .... being a period not exceeding three months.

* pursuant to section 25(10) of the above named Act of 2001 that the child be detained for treatment at an approved centre (within the meaning of section 63 of the said Act of 2001) namely ...................... at .................................... for a further period of .... being a period not exceeding six months.

Dated this            day of          20

 

Signed.........................................

Judge of the District Court

No. 84A.7

SCHEDULE C

O.84A, r.7

MENTAL HEALTH ACT 2001, * Section 25(12) * Section 25(13)

NOTICE OF APPLICATION FOR ORDER APPROVING PERFORMANCE OF PSYCHO-SURGERY OR ADMINISTRATION OF ELECTRO-CONVULSIVE THERAPY

District Court Area of

District No.

In the matter of ................................................................................a child

Name (if known) or description

...............................................................................................Applicant

.........................................................................................Respondent

WHEREAS the Court on the.....day of........20 .... made an order pursuant to section 25(6) of the above-mentioned Act authorising the detention of the above-named child in an approved centre on the grounds that -

(a)  the child was suffering from a mental disorder, and

(b)  the child required treatment which he or she was unlikely to receive unless an order was made under the said section

TAKE NOTICE that the above-named applicant will apply at the sitting of the District Court to be held at ............................................................................................ on the ..... day of .......20... for an order under

* section 25(12) of the above-named Act of 2001 approving the performance of psycho-surgery on the said child

* section 25(13) of the above-named Act of 2001 approving the administration to the said child of a programme of electro-convulsive therapy.

Dated this ........day of.......20...

 

Signed................................................

Applicant / Solicitor for the Applicant

To......................................

of.......................................

And to: District Court Clerk

District Court at...................

No. 84A.8

SCHEDULE C

O.84A, r. 7

MENTAL HEALTH ACT 2001, * Section 25(12) * Section 25(13)

ORDER ON APPLICATION FOR APPROVAL OF PERFORMANCE OF PSYCHO-SURGERY OR ADMINISTRATION OF ELECTRO-CONVULSIVE THERAPY

District Court Area of

District No.

In the matter of ..................................................................................a child

Name (if known) or description

...............................................................................................Applicant

.........................................................................................Respondent

UPON application made to the court today by the above named applicant under

* section 25(12) of the above-named Act of 2001 approving the performance of psycho-surgery on the said child

* section 25(13) of the above-named Act of 2001 approving the administration to the said child of a programme of electro-convulsive therapy.

THE COURT

* [being satisfied that notice of the application was duly served]

having heard the evidence adduced herein

* HEREBY gives its approval

* HEREBY refuses its approval

* for the proposed performance of psycho-surgery on the said child pursuant to section 25(12) of the above-named Act of 2001

* for the proposed administration to the said child of a programme of electro-convulsive therapy pursuant to section 25(13) of the above-named Act of 2001.

Dated this            day of          20

Signed......................................

Judge of the District Court

Given this 12th day of February 2007

Miriam Malone

Chairperson

Uinsin Mac Gruairc

 

Mary C Devins

 

Thomas E O'Donnell

 

Hugh O'Neill

 

Noel A. Doherty

 

Elizabeth Hughes

Secretary

I concur in the making of the foregoing rules

Dated this 5th day of March 2007

Michael McDowell

Minister for Justice, Equality and Law Reform

EXPLANATORY NOTE

(This does not form part of the instrument and does not purport to be a legal interpretation)

These Rules add a new Order 84A to the rules to provide procedure and forms in respect of applications under section 25 of the Mental Health Act 2001.

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