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Transfer of persons subject of order from registered acute mental health centre following closure
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179. (1) Subject to subsection (3), where a person is the subject of an involuntary admission order or a renewal order and continues to meet the criteria for involuntary admission or criteria for involuntary admission of a child, as the case may be, and where—
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(a) the registration of the registered acute mental health centre has been cancelled,
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(b) mental health services will no longer be provided in that centre, or
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(c) the centre will otherwise cease to provide mental health services,
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and the Executive is not taking charge of the centre, the Executive or the registered proprietor shall arrange for his or her transfer to another registered acute mental health centre.
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(2) Where the person referred to in subsection (1) is a child, the Executive shall make an application to the Family District Court in the Family District Court district where the child concerned resides, or is located, prior to the transfer taking place, for an order authorising—
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(a) the transfer to the other registered acute mental health centre, and
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(b) the reception, detention and care and treatment of the child in that other registered acute mental health centre.
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(3) A person the subject of an involuntary admission order or a renewal order may be detained in a registered acute mental health centre to which he or she has been transferred under subsection (1) until the date of expiration of the order pursuant to which he or she was detained in the registered acute mental health centre from which he or she was transferred.
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(4) Where a person the subject of an involuntary admission order or a renewal order is transferred to another registered acute mental health centre under this section, the clinical director of the registered acute mental health centre from which he or she has been transferred shall give notice in writing of the transfer to the Commission within 24 hours of the transfer having taken place.
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(5) The detention of a person the subject of an involuntary admission order or a renewal order in another registered acute mental health centre under this section shall be deemed for the purposes of this Act to be detention in the registered acute mental health centre to which he or she has been transferred.
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(6) Any transfer of a person under this section shall take account of the assessed needs of the person and his or her care plan and any regulations made by the Minister under this section.
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(7) Without prejudice to the generality of subsection (6), regulations under this section may provide for all or any of the following matters:
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(a) procedural steps in relation to the temporary or permanent closure of a registered acute mental health centre, including timeframes for transfer, if any, and the notification of closure to residents or people accessing those services;
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(b) where relevant, the safe and secure transfer of persons from one registered acute mental health centre to another;
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(c) the guiding principles underpinning any transfer;
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(d) assessment of the needs of each person receiving treatment in the registered acute mental health centre whose care and treatment is to be transferred to another registered acute mental health centre and the recording of this assessment on his or her individual care plan as appropriate;
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(e) information to be given to people receiving care and treatment in the registered acute mental health centre when transferred;
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(f) transfer of medical records and other information, as appropriate, from the registered acute mental health centre, the subject of the cancellation, to another registered acute mental health centre;
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(g) any other matters which the Minister considers appropriate.
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