Mental Health Act 20266
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Powers of Garda Síochána to take child into custody in certain circumstances | ||
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73. (1) Where a member of An Garda Síochána has reasonable grounds for believing that a child has a mental disorder that fulfils paragraph (a) of the criteria for involuntary admission of a child, the member may either alone or with any other member or members of An Garda Síochána— | ||
(a) take all reasonable measures necessary to take the child into custody and arrange for the matters specified in subsections (3), (4), (6), (8), (10), (13), (15) and (16), as applicable, to be carried out as soon as practicable, but no later than 6 hours after the time that the child is taken into custody, and | ||
(b) enter, if needs be by force, any dwelling or other premises or any place if he or she has reasonable grounds for believing that the child is to be found there. | ||
(2) The period referred to in subsection (1)(a) may be extended by one additional period of 6 hours under the authorisation of a member of An Garda Síochána not below the rank of inspector if he or she has reasonable grounds for believing that the additional period is necessary in order that the matters specified in subsections (3), (4), (6), (8), (10), (13), (15) and (16), as applicable, may be carried out. | ||
(3) Where a member of An Garda Síochána takes a child into custody under subsection (1), he or she or any other member or members of An Garda Síochána shall contact— | ||
(a) in relation to a child the subject of a care order, the Agency, | ||
(b) in relation to a child the subject of a voluntary care arrangement, an emergency care order, an interim care order or a supervision order, the Agency and the child’s parents, or either of them, or guardian, and | ||
(c) in all other circumstances, the child’s parents, or either of them, or guardian, | ||
as soon as practicable, but no later than 3 hours from the time that the child is taken into custody. | ||
(4) Where a member of An Garda Síochána takes a child into custody under subsection (1), he or she or any other member or members of An Garda Síochána may request— | ||
(a) a registered medical practitioner to carry out an examination of the child, or | ||
(b) the Executive to arrange for a consultant psychiatrist to carry out an examination of the child, | ||
to assess whether the child has a mental disorder that fulfils the criteria for involuntary admission of a child requiring an application for involuntary admission of a child under section 66 . | ||
(5) In so far as possible, an examination under subsection (4) shall also be attended by the persons specified in paragraphs (a), (b) or (c) of subsection (3), as the case may be. | ||
(6) Where, following an examination of a child under subsection (4)— | ||
(a) a registered medical practitioner is of the opinion that the child concerned has a mental disorder that fulfils the criteria for involuntary admission of a child, a member or members of An Garda Síochána— | ||
(i) shall, subject to subsection (7)— | ||
(I) release the child into the care of his or her relevant carer for the purpose of that person or persons engaging with the Executive to assess whether an application for involuntary admission under section 66 is required in respect of the child, and | ||
(II) notify the Executive that the child has been released into the care of his or her relevant carer, | ||
and | ||
(ii) may request the Executive to assess whether an application for involuntary admission under section 66 is required in respect of the child, | ||
or | ||
(b) a consultant psychiatrist is of the opinion that the child has a mental disorder that fulfils the criteria for involuntary admission of a child— | ||
(i) subject to subsection (7), a member or members of An Garda Síochána shall release the child into the care of his or her relevant carer, and | ||
(ii) the Executive may make an application for involuntary admission under section 66 in respect of the child. | ||
(7) A member or members of An Garda Síochána shall not release a child under paragraph (a)(i) or (b)(i) of subsection (6) where— | ||
(a) in the opinion of the member or members of An Garda Síochána responsible for the child, there is an immediate and serious risk to the health or welfare of the child or that of another person by releasing the child, | ||
(b) in the opinion of the registered medical practitioner or consultant psychiatrist concerned, there is an immediate and serious risk to the health or welfare of the child or that of another person by releasing the child, | ||
(c) in the case of a child who is not the subject of a care order, a voluntary care arrangement, an emergency care order or an interim care order, his or her relevant carer, after the making of reasonable enquiries, cannot be found, or | ||
(d) his or her detention is authorised by law other than under this Act. | ||
(8) Where paragraph (a), (b) or (c) of subsection (7) applies, the member or members of An Garda Síochána may request that the Executive take charge of the child as soon as possible until such time as— | ||
(a) an involuntary admission order is made under section 66 in respect of the child, or | ||
(b) the Executive assesses that an application for involuntary admission under section 66 is not required in respect of the child. | ||
(9) The Executive shall comply with the request under subsection (8) as soon as practicable. | ||
(10) Where subsection (7)(c) applies and the child’s relevant carer is subsequently found, the child shall be released from the custody of An Garda Síochána or from the charge of the Executive, as the case may be, unless, in the opinion of the member or members of An Garda Síochána responsible for the child or the Executive, there is an immediate and serious risk to the health or welfare of the child or that of another person by releasing the child into the care of that person or persons. | ||
(11) Where a request is made under subsection (8) due to paragraph (a) or (c) of subsection (7) applying, the member or members of An Garda Síochána responsible for the child shall notify the Agency as soon as may be. | ||
(12) Where— | ||
(a) in advance of an examination of a child under subsection (4), the member or members of An Garda Síochána responsible for the child has or have reasonable grounds for believing that the child concerned no longer has a mental disorder that fulfils paragraph (a) of the criteria for involuntary admission of a child, or | ||
(b) following an examination of a child under subsection (4), a registered medical practitioner or consultant psychiatrist referred to in that subsection is of the opinion that the child concerned does not have a mental disorder that fulfils the criteria for involuntary admission of a child, | ||
the child shall, subject to subsections (13), (14) and (15), be released from the custody of An Garda Síochána. | ||
(13) Where paragraph (a) or (b) of subsection (12) applies— | ||
(a) where the child is the subject of a care order, a voluntary care arrangement, an emergency care order or an interim care order, a member or members of An Garda Síochána shall release the child into the care of the Agency unless his or her detention is authorised other than under this Act, and | ||
(b) subject to subsection (14), in all other circumstances— | ||
(i) where the child is under 16 years of age, a member or members of An Garda Síochána shall release the child into the care of his or her relevant carer, and | ||
(ii) where the child is aged 16 years or older, a member or members of An Garda Síochána shall release the child immediately, | ||
unless the detention of the child is authorised other than under this Act. | ||
(14) A member or members of An Garda Síochána shall not release a child under subsection (13)(b) where— | ||
(a) in the opinion of the member or members of An Garda Síochána responsible for the child, there is an immediate and serious risk to the health or welfare of the child by releasing the child, or | ||
(b) in respect of a child referred to in subsection (13)(b)(i), his or her relevant carer, after the making of reasonable enquiries, cannot be found, | ||
until such time as a request is made under subsection (15) or a notification is made under subsection (16), as the case may be. | ||
(15) Where subsection (14)(a) applies, a member or members of An Garda Síochána may request the Agency that the child be delivered up to the custody of the Agency under section 12 of the Act of 1991 as soon as may be. | ||
(16) Where subsection (14)(b) applies, a member or members of An Garda Síochána may notify the Agency. |