Mental Health Act 20266

Voluntary admission of child under 16 years of age

62. (1) Subject to subsection (2), a child under 16 years of age shall not be admitted as a voluntarily admitted child to a registered acute mental health centre without the consent of his or her parents, or either of them, or guardian.

(2) Where a child referred to in subsection (1) is the subject of a care order, the Executive may, with the agreement of the responsible consultant psychiatrist and with the consent of and on notice to the Agency, apply 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 and, where the Court is satisfied that it is in the best interests of the child to be so admitted, the Court shall make an order authorising the admission of that child to the registered acute mental health centre.

(3) Where a guardian ad litem stands appointed for a child the subject of a care order at the time that an application under subsection (2) is proposed, the Executive shall notify the guardian ad litem of the proposed application in advance.

(4) Subject to subsection (5) and section 71 , a voluntarily admitted child under 16 years of age may leave the registered acute mental health centre at any time into the care of his or her relevant carer, with the consent of his or her parents or guardian or the Agency.

(5) The Executive shall, as soon as may be, notify the Agency where a child the subject of a supervision order leaves a registered acute mental health centre under subsection (4).

(6) Where a child under 16 years of age admitted to a registered acute mental health centre under this section may continue to require care and treatment in the registered acute mental health centre after attaining the age of 16, his or her responsible consultant psychiatrist shall, in consultation with the child, his or her parents or guardian or the Agency and the Executive, as appropriate, arrange for the child to be admitted under section 63 , 64 or 66 or discharged under this section, as the case may be, immediately upon the child attaining the age of 16.