Mental Health Act 20266
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Appeal to Family Circuit Court | ||
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69. (1) An involuntarily admitted child may appeal to the Family Circuit Court against a decision of the Family District Court or the District Court to make an involuntary admission order or a renewal order, as the case may be, made in respect of him or her on the grounds that— | ||
(a) he or she does not meet the criteria for involuntary admission of a child, or | ||
(b) the provisions of this section and sections 9 , 66 , 67 , 71 , 73 , 74 , 76 and 80 , where applicable, were not complied with, and the failure affected the substance of the order and caused an injustice and the failure to comply with the provisions concerned was such as to render the detention invalid. | ||
(2) An appeal under this section shall be brought by the involuntarily admitted child or his or her parents or guardian or the Agency by notice in writing within 28 days of the date of receipt of the written notice under section 76 (2). | ||
(3) The jurisdiction conferred on the Family Circuit Court by this section may be exercised by a judge of the Family Circuit Court for the time being assigned to the Family Circuit Court circuit in which the registered acute mental health centre concerned is situated or, at the option of the child, in which the child is ordinarily resident. | ||
(4) On appeal to it under subsection (1)(a), the Family Circuit Court shall— | ||
(a) if it is shown by the registered acute mental health centre to the satisfaction of the Court that the child fulfils the criteria for involuntary admission of a child, affirm the order, or | ||
(b) if the registered acute mental health centre has not shown to the satisfaction of the Court that the child fulfils the criteria for involuntary admission of a child, revoke the order. | ||
(5) On appeal to it under subsection (1)(b), the Family Circuit Court shall— | ||
(a) if it is shown by the registered acute mental health centre to the satisfaction of the Court that the provisions the subject of the appeal were complied with or that any failure to comply did not affect the substance of the order and did not cause an injustice, affirm the order, or | ||
(b) if the registered acute mental health centre has not shown to the satisfaction of the Court that the provisions the subject of the appeal were complied with or that any failure to comply did not affect the substance of the order and did not cause an injustice, revoke the order. | ||
(6) An order under subsection (4) or (5) may contain such consequential or supplementary provisions as the Family Circuit Court considers appropriate. | ||
(7) Notice of an appeal under subsection (1) and a copy of the proceedings shall be served by the person bringing the appeal on— | ||
(a) the Executive, | ||
(b) the Commission, | ||
(c) the child’s relevant notified carers, | ||
(d) the registered proprietor of the registered acute mental health centre concerned, | ||
(e) the responsible consultant psychiatrist in respect of the child the subject of the appeal, and | ||
(f) any other person specified by the Family Circuit Court. | ||
(8) A person bringing an appeal under this section shall also 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 bringing of the appeal. | ||
(9) Before making an order under this section, the Family Circuit Court 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. |