Mental Health Act 20266
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Bringing of child subject of involuntary admission order to registered acute mental health centre | ||
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74. (1) Where an involuntary admission order is made under section 66 in respect of a child, the child’s relevant carer shall arrange for the child to be brought to the registered acute mental health centre specified in the order as soon as practicable after the making of the order. | ||
(2) Where a child’s relevant carer is unable to arrange for the child to be brought to the registered acute mental health centre in accordance with subsection (1), the relevant carer shall request— | ||
(a) the clinical director of the registered acute mental health centre specified in the order, or | ||
(b) a consultant psychiatrist acting on that clinical director’s behalf, | ||
to arrange for the child concerned to be brought to the registered acute mental health centre. | ||
(3) Where the relevant carer of a child the subject of an involuntary admission order, other than the Agency, fails or refuses to arrange for the child to be brought to the registered acute mental health centre specified in the order, the clinical director of the registered acute mental health centre concerned or a consultant psychiatrist acting on the clinical director’s behalf shall arrange for the child concerned to be brought to the registered acute mental health centre. | ||
(4) A person referred to in paragraph (a) or (b) of subsection (2), on foot of a request made under that subsection, shall arrange for the child the subject of the involuntary admission order to be brought to the specified registered acute mental health centre by members of the staff of the centre or a service provider as soon as practicable. | ||
(5) A clinical director or consultant psychiatrist referred to in paragraph (a) or (b) of subsection (2) or in subsection (3) may request a member of An Garda Síochána to assist in bringing the child the subject of the involuntary admission order to the specified registered acute mental health centre where the clinical director or consultant psychiatrist concerned is of the opinion that such assistance is necessary to protect the health of the child or other persons from the threat of immediate and serious harm. | ||
(6) Where a request is made to An Garda Síochána under subsection (5), a member or members of An Garda Síochána— | ||
(a) shall comply with that request as soon as practicable, and | ||
(b) may— | ||
(i) enter if needs be by force any dwelling or other premises or any place if the member has reasonable cause to believe that the child concerned is to be found there, and | ||
(ii) take all reasonable measures necessary to bring the child the subject of the order to the registered acute mental health centre including the detention or restraint of the child concerned. | ||
(7) A member of An Garda Síochána who under subsection (6)(b)(ii) detains or restrains a child the subject of an order shall cease the detention or restraint immediately upon the detention or restraint no longer being necessary, in the opinion of the member of An Garda Síochána applying the restraint, in order to protect the health of the child or other persons from the threat of immediate and serious harm. |