Mental Health Act 2001

Involuntary admission of children.

25

F30[25.(1) Where it appears to the Health Service Executive that

(a) a child is suffering from a mental disorder, and

(b) the child requires treatment which he or she is unlikely to receive unless an order is made under this section,

then, the Health Service Executive may make an application to the District Court (the court) in the district court district where the child concerned resides or is found for an order authorising the detention of the child in an approved centre.]

(2) Subject to subsection (3), F31[the Health Service Executive] shall not make an application under subsection (1) unless the child has been examined by a consultant psychiatrist who is not a relative of the child and a report of the results of the examination is furnished to the court by F32[the Health Service Executive].

(3) Where—

(a) the parents of the child, or either of them, or a person acting in loco parentis refuses to consent to the examination of the child, or

(b) following the making of reasonable enquiries by F32[the Health Service Executive], the parents of the child or either of them or a person acting in loco parentis cannot be found by F32[the Health Service Executive],

then, F31[the Health Service Executive] may make an application under subsection (1) without any prior examination of the child by a consultant psychiatrist.

(4) Where F31[the Health Service Executive] makes an application under subsection (1) without any prior examination of the child the subject of the application by a consultant psychiatrtist, the court may, if it is satisfied that there is reasonable cause to believe that the child the subject of the application is suffering from a mental disorder, direct that F32[the Health Service Executive] arrange for the examination of the child by a consultant psychiatrist who is not a relative of the child and that a report of the results of the examination be furnished to the court within such time as may be specified by the court.

(5) Where the court gives a direction under subsection (4), the consultant psychiatrist who carries out an examination of the child the subject of the application shall report to the court on the results of the examination and shall indicate to the court whether he or she is satisfied that the child is suffering from a mental disorder.

(6) Where the court is satisfied having considered the report of the consultant psychiatrist referred to in subsection (1) or the report of the consultant psychiatrist referred to in subsection (5), as the case may be, and any other evidence that may be adduced before it that the child is suffering from a mental disorder, the court shall make an order that the child be admitted and detained for treatment in a specified approved centre for a period not exceeding 21 days.

(7) An application under this section may, if the court is satisfied that the urgency of the matter so requires, be made ex parte.

(8) Between the making of an application for an order under this section and its determination, the court, of its own motion or on the application of any person, may give such directions as it sees fit as to the care and custody of the child who is the subject of the application pending such determination, and any such direction shall cease to have effect on the determination of the application.

(9) Where, while an order under subsection (6) is in force, an application is made to the court by F33[the Health Service Executive] for an extension of the period of detention of the child the subject of the application, the court may order that the child be detained for a further period not exceeding 3 months.

(10) On or before the expiration of the period of detention referred to in subsection (9), a further order of detention for a period not exceeding 6 months may be made by the court on the application of the health board and thereafter for periods not exceeding 6 months.

(11) A court shall not make an order extending the period of detention of a child under this section unless—

F34[(a) the child has been examined by a consultant psychiatrist who is not a relative of the child and a report of the results of the examination is furnished to the court by the Health Service Executive on the application by it to the court under subsection (9) or (10), as the case may be, and]

(b) following consideration by the court of the report, it is satisfied that the child is still suffering from a mental disorder.

(12) Psycho-surgery shall not be performed on a child detained under this section without the approval of the court.

(13) A programme of electro-convulsive therapy shall not be administered to a child detained under this section without the approval of the court.

(14) The provisions of sections 21, 22, 24 to 35, 37 and 47 of the Child Care Act, 1991, shall apply to proceedings under this section as they apply to proceedings under those sections with the modification that references to proceedings or an order under Part III, IV or VI of that Act shall be construed as references to proceedings or an order under this section and with any other necessary modifications.

(15) References in sections 13(7), 18(3) and 19(4) of the Child Care Act, 1991, to psychiatric examination, treatment or assessment do not include references to treatment under this Act.

Annotations

Amendments:

F30

Substituted (1.01.2005) by Health Act 2004 (42/2004), s. 72 and sch. 7, part 12, item 4(a), S.I. No. 887 of 2004.

F31

Substituted (1.01.2005) by Health Act 2004 (42/2004), s. 72 and sch. 7, part 12, item 4(b), S.I. No. 887 of 2004.

F32

Substituted (1.01.2005) by Health Act 2004 (42/2004), s. 72 and sch. 7, part 12, item 4(c), S.I. No. 887 of 2004.

F33

Substituted (1.01.2005) by Health Act 2004 (42/2004), s. 72 and sch. 7, part 12, item 4(d), S.I. No. 887 of 2004.

F34

Substituted (1.01.2005) by Health Act 2004 (42/2004), s. 72 and sch. 7, part 12, item 4(f), S.I. No. 887 of 2004.

Editorial Notes:

E15

The substitution of “the Health Service Executive” for “a health board” in subs. (10) as provided (1.01.2005) by Health Act 2004 (42/2004), s. 72 and sch. 7, part 12, item 4(e), S.I. No. 887 of 2004 cannot be made as the subsection refers to “the health board”.