Mental Health Act 20266
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Duration and renewal of involuntary admission order of child | ||
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67. (1) An involuntary admission order shall— | ||
(a) authorise the reception, detention and care and treatment of the child concerned, and | ||
(b) subject to subsections (2) and (3), section 69 and 70 (7), remain in force for 21 days after the date of its making, and then expire. | ||
(2) Where, on or before the expiration of the period of involuntary admission referred to in subsection (1)(b), an application is made to the Family District Court or the District Court for the time being assigned to the Family District Court district or District Court district, as the case may be, where the child resides or is for the time being by the Executive for an extension of the period of involuntary admission, the Court may by order extend the period of involuntary admission (in this Act referred to as a “renewal order”), for a further period not exceeding 3 months, commencing on the expiration of the involuntary admission order made in respect of the child. | ||
(3) The period referred to in subsection (2) may be extended by order made by the Family District Court or the District Court, as the case may be, on further application in that behalf by the Executive for periods each of which does not exceed 3 months (each of which orders is also referred to in this Act as a “renewal order”). | ||
(4) The Family District Court or the District Court, as the case may be, shall not make a renewal order under this section unless— | ||
(a) the child has been examined by a consultant psychiatrist not more than 48 hours prior to the making of the application under subsection (2) or (3) and a report of the results of the examination is furnished to the Court by the Executive upon the making of the application, and | ||
(b) following consideration by the Court of the report, it is satisfied that the child continues to have a mental disorder which fulfils the criteria for involuntary admission of a child. | ||
(5) A consultant psychiatrist shall be disqualified from carrying out an examination under subsection (4) where he or she is a relative of the child concerned. | ||
(6) Where the Executive proposes to make an application under subsection (2), it shall notify the guardian ad litem for the child appointed in accordance with Part VA of the Act of 1991, as applied by section 60 , of the proposed application in advance. | ||
(7) Notice of an application under subsection (2) or (3) and a copy of the proceedings shall be served by the Executive on— | ||
(a) the child’s relevant notified carers, and | ||
(b) any other person specified by the Family District Court or the District Court, as the case may be. | ||
(8) Before making a renewal order under this section, the Family District Court or the District Court, as the case may be, may have regard to any submission made to it in relation to any matter by or on behalf of a party to the proceedings concerned or any other person having an interest in the proceedings. | ||
(9) Where an application for a renewal order is made to the Family District Court or the District Court, as the case may be, under subsection (2) or (3), the Court, of its own motion or on the application of any person, may, pending its determination of the matter, give such directions as it sees fit as to the care and treatment of the child who is the subject of the application, and any such direction shall cease to have effect on the determination of the application. |