FAQs

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Date:

06 November 2006

Category:

Module 6: Admission & Treatment of a Child

Question:

1.Can a child be admitted to an adult psychiatric unit for his/her safety without examination by a Consultant Psychiatrist under the Child Care Act if the parents refuse consent? 2.If a later examination by a CP reveals no mental illness can the child continue to be held in the unit without parental consent under the Child Care Act? 3.If examination does satisfy criteria for involuntary admission can we initiate the admission through the court 24-48 hrs later under Section 25?

Answer:

1. A court can make a decision regarding the placement of a child under the Child Care Act. Under the provisions of the Child Care Act the court has the power to place the child in any place it decides.

2. If there is a likelihood that a child is suffering from a Mental Disorder, the following apply:

The parent(s) of the child consent to an examination of the child by a consultant psychiatrist. This examination is carried out prior to making of an application to the District Court and the subsequent application to the District Court includes the provision of the consultant psychiatrists report.

If the parent(s) refuse to consent to an examination of the child by a consultant psychiatrist or cannot be found. In such circumstances the HSE makes an application under Section 25, Mental Health Act 2001 to the District Court without a prior examination of the child by a consultant psychiatrist. If the District Court is satisfied that there is reasonable cause to believe that the child is suffering from a mental disorder, it will direct that the HSE arrange for an examination of the child by a consultant psychiatrist and furnish a report to the District Court within such time as specified by the court.

3. Section 23 (2) provides for where the parent(s) of the child or a person acting in loco parentis indicates a wish to remove the child from an approved centre and a consultant psychiatrist, registered medical practitioner or a registered nurse on the staff of the approved centre is of the opinion that the child is suffering from a mental disorder, the child may be detained and the placed in the custody of the HSE.

Where a child is detained under section 23(2) the HSE shall make an application under section 25 at the next sitting of the District Court, or in the event that the next such sitting is not due to be held within 3 days of the date on which the child is placed in the care of the HSE, at a sitting of a District Court which has specially arranged, held within the said 3 days and the HSE shall retain custody of the child pending the hearing of the application (or return to parent(s).

Please refer to:

1. Section 23(2) (3) (4) and Section 25, Mental Health Act 2001

2. Code of Practice Relating to Admission of Children under the Mental Health Act 2001