Mental Health Act 20266
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Criteria for involuntary admission of child to registered acute mental health centre | ||
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65. (1) A child may be involuntarily admitted to a registered acute mental health centre pursuant to an involuntary admission order under section 66 and detained there if he or she fulfils each of the criteria (in this Act referred to as the “criteria for involuntary admission of a child”) specified in either paragraph (a) or (b), namely: | ||
(a) the child has a mental disorder, the nature and degree of which is such that— | ||
(i) the life of the child, or that of another person, is at risk, or the health of the child, or that of another person, is at risk of immediate and serious harm, and | ||
(ii) if the child were to be admitted and detained in a registered acute mental health centre— | ||
(I) his or her admission and detention would be likely to reduce the risk he or she poses to himself or herself or others due to his or her mental disorder, | ||
(II) he or she would likely benefit from care and treatment that cannot be given to that child other than in a registered acute mental health centre, or | ||
(III) his or her admission and detention would be likely to benefit his or her mental disorder; | ||
or | ||
(b) the child has a mental disorder, the nature and degree of which is such that— | ||
(i) he or she requires care and treatment immediately, | ||
(ii) the care and treatment required to be given to the child cannot be given to that child other than in a registered acute mental health centre, and | ||
(iii) the reception, detention and care and treatment of the child concerned in a registered acute mental health centre would be likely to materially benefit the condition of that child. | ||
(2) Nothing in subsection (1) shall be construed as authorising the involuntary admission of a child to a registered acute mental health centre by reason only of the fact that the child— | ||
(a) has a mental disorder that does not fulfil the criteria for involuntary admission of a child, | ||
(b) has an intellectual disability, | ||
(c) has a personality disorder, | ||
(d) is addicted to drugs or intoxicants, | ||
(e) may behave in such a manner or hold views that are contrary to, deviate from or transgress cultural, religious, social or traditional norms or customs of appropriate behaviour, or | ||
(f) requires to reside in a safe environment provided by a registered acute mental health centre. | ||
(3) The Commission shall prepare and issue a code of practice for staff working in a registered acute mental health centre in relation to the provisions of this section. |