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Transfer of child by clinical director in certain circumstances
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80. (1) Where, in relation to an involuntarily admitted child, the clinical director of a registered acute mental health centre (in this section referred to as the “first mentioned registered acute mental health centre”) is of the opinion that—
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(a) it would be for the benefit of the involuntarily admitted child in the first mentioned registered acute mental health centre to be transferred to another registered acute mental health centre (in this section referred to as a “second mentioned registered acute mental health centre”), or
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(b) for the purpose of obtaining special treatment, the details of which shall be specified in writing, it is necessary for the child to be transferred to a second mentioned registered acute mental health centre,
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the Executive may, with the consent of the clinical director of the first-mentioned registered acute mental health centre and the clinical director of the second-mentioned registered acute mental health centre, 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, for the transfer of the involuntarily admitted child to the second-mentioned registered acute mental health centre.
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(2) Where, following an application under subsection (1), the Court is satisfied that it is in the best interests of the child to be transferred, the Court shall make an order authorising the transfer, reception and care and treatment of that child in that second mentioned registered acute mental health centre.
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(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 (1) is proposed, the Executive shall notify the guardian ad litem of the proposed application in advance.
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(4) Notice of the application under subsection (1) and a copy of the proceedings shall be served by the Executive on—
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(a) the child’s relevant notified carers, and
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(b) any other person specified by the Family District Court or the District Court, as the case may be.
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(5) Before making an order under subsection (2), the Family District Court or the District Court, as the case may be, may have regard to any submission made to it in relation to any matter by or on behalf of a party to the proceedings concerned or any other person having an interest in the proceedings.
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(6) Where an involuntarily admitted child is transferred to a second-mentioned registered acute mental health centre following the making of an order under subsection (2), the clinical director of the first-mentioned registered acute mental health centre shall give notice in writing of the transfer to the Commission within 24 hours of the transfer having taken place.
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(7) A child who is transferred to a second-mentioned registered acute mental health centre following an application under subsection (1)(a) may be detained in the second-mentioned registered acute mental health centre until the date of the expiration of the involuntary admission order pursuant to which he or she was detained in the first-mentioned registered acute mental health centre.
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(8) A child who is transferred to a second-mentioned registered acute mental health centre following an application under subsection (1)(b) may be detained there so long as is necessary for the purpose of the specified special treatment and shall then be taken back to the first-mentioned registered acute mental health centre, which taking back may not occur later than the date of the expiration of the involuntary admission order pursuant to which he or she was detained in the first-mentioned registered acute mental health centre.
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(9) In this section, references to an involuntary admission order include references to a renewal order.
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