Mental Health Act 20266
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Transitional provisions: involuntarily admitted children | ||
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258. (1) Subject to subsection (3) and (6), where, immediately before the date on which this section comes into operation (in this section referred to as the “relevant date”) or following a transfer referred to in section 261 , a child is being detained in a registered acute mental health centre pursuant to a relevant order, the clinical director of the registered acute mental health centre concerned shall, on or after the relevant date— | ||
(a) arrange for the child concerned to be examined by a consultant psychiatrist under section 66 (1), and | ||
(b) furnish the results of that examination to the Executive. | ||
(2) The Executive, having considered the results of an examination under section 66 (1) referred to in subsection (1)— | ||
(a) shall arrange for the child to be admitted, with the agreement of the responsible consultant psychiatrist and the consent of the child or, as the case may be, his or her parents or guardian or the Agency— | ||
(i) as a voluntarily admitted child under section 62 or 63 , or | ||
(ii) as a child aged 16 years or older lacking necessary capacity admitted with parental consent under section 64 , | ||
or | ||
(b) shall make an application to the Family District Court or the District Court, as the case may be— | ||
(i) for an order authorising the reception, detention and care and treatment of the child in a registered acute mental health centre under section 66 , or | ||
(ii) for the child to be discharged in accordance with section 22 of the Act of 1991 (as applied by section 25 of the Act of 2001). | ||
(3) An admission referred to in subsection (2)(a) or an application referred to in subsection (2)(b) in respect of a child the subject of a relevant order shall be made as soon as may be after the relevant date, but not later than the date the relevant order for the child concerned expires or the date that falls 28 days after the relevant date, whichever occurs sooner. | ||
(4) Where a child referred to in subsection (1) is admitted to a registered acute mental health centre under section 62 , 63 , 64 or 66 or discharged in accordance with section 22 of the Act of 1991 (as applied by section 25 of the Act of 2001), the relevant order pursuant to which the child was previously detained shall immediately cease to have effect. | ||
(5) Where a child referred to in subsection (1) is admitted to a registered acute mental health centre under section 62 , 63 or 64 , the Executive shall notify the Family District Court or District Court, as the case may be, as soon as may be that the child is no longer being detained pursuant to a relevant order. | ||
(6) In this section, references to a child being detained in a registered acute mental health centre pursuant to a relevant order includes— | ||
(a) a child on a permitted leave of absence under section 26 of the Act of 2001, | ||
(b) subject to section 262 , a child absent from that centre without permission under section 27 of the Act of 2001, and | ||
(c) a child being detained in that centre following a transfer referred to in section 261 . |