Mental Health Act 20266

Voluntary admission of child aged 16 years or older

63. (1) A child aged 16 years or older shall not be admitted as a voluntarily admitted child to a registered acute mental health centre without his or her consent.

(2) Where a child aged 16 years or older has been assessed under section 61 to lack the necessary capacity to consent to or refuse his or her admission on a voluntary basis, he or she may be admitted to a registered acute mental health centre pursuant to section 64 .

(3) Subject to section 71 , a voluntarily admitted child aged 16 years or older, other than a child referred to in subsection (4), may leave the registered acute mental health centre at any time unless, in the opinion of the responsible consultant psychiatrist, it is not in the best interests of the child to do so, in which case the child shall be released into the care of his or her parents, or either of them, or guardian.

(4) Subject to section 71 , a voluntarily admitted child aged 16 years or older who is the subject of a care order, a voluntary care arrangement, an emergency care order or an interim care order may leave the registered acute mental health centre at any time into the care of 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 this section.