Mental Health Act Flashcards
Definition of Apprehension
- Take physical control with intent to detain
- Charges not pursued
- apprehension made for safety
- RTC not always required
Definition of a Voluntary Patient
- Admitted on recommendation of physician
- Not detained/restrained
- Chooses to be admitted and can leave
Definition of Informal Patient
- Patient in a psychiatric facility
- Under consent of another person who is entitled to give or refuse consent to treatment
- Chooses to be admitted and can leave
Definition of Involuntary Patient
- Detained in a psychiatric facility
- under certificate of involuntary admission
- or certificate of renewal
Definition of Mental disorder
Any disease or disability of the mind
Definition of Officer in Charge
-Responsible for the management of the psychiatric facility
Definition of Psychiatric Assessment
- Physicians application for psychiatric assessment (Form 1)
- Issued by a physician after examination
MHA: Involuntary Admission (by who)
- Physician (S. 15 & S.33.3(1))
- Justice of the Peace (S. 16)
- Judge (S. 22)
S. 15 - Application Psychiatric Assessment
Physician (Form 1): Who, When, What, How?
WHO: Physician application for psychiatric assessment
WHEN: Follows examination by physician
WHAT: (1) Apparently suffering from mental disorder (2) danger to self or others (3) unable to care for self
HOW: (1) Any person (2) apprehend within 7 days (3) auth. detention for up to 72 hrs in psychiatric facility
S. 33.3(1)
Physician - Community Treatment Order: Who, When, What, How?
WHO: Physician order for examination (Form 47)
WHEN: (1) Person suffering from mental disorder who is living in a community under a CTO (2) Person fails to comply while under a community treatment order
WHAT: (1) Suffering from mental disorder (2) requires continued treatment or care (3) and supervision while living within a community
HOW: (1) Directed to Police (2) Apprehension within 30 days (3) Return person to physician who issued order
MHA S. 16
J.P’s Order - Psychiatric Assessment: Who, When, What, How?
WHO: Justice of the Peace (Form 2)
WHEN: (1)Information on oath by any person (2) Still requires S. 15 examination
WHAT: (1)Apparently suffering from a mental disorder (2) danger to self or others (3) unable to care for self
HOW: (1) Police (2) Apprehension within 7 days from date of order (3) take person to appropriate place to be examined by physician
MHA S. 22
Judges Order to Admit: Who, When, What, How?
WHO: Judges order (Court order)
WHEN: Where person is before court under charge or conviction
WHAT: Judge has reason to believe person suffers from a mental disorder
HOW: (1) Senior physician reports in writing to judge (2) 60 days
FORM 1
- Must be signed by physician within 7 days of examination
- Valid for 7 days after signature
- Authorizes any person to take person to facility
- authorizes detention in psychiatric facility for observation/examination for up to 72 hours
A psychiatric examination can be ordered by whom?
(1) Physician
(2) JP
(3) Judge
(4) Police upon apprehension
MHA S. 17 - Police Apprehension (Too dangerous to wait)
Police officer has R&PG to believe a person acting or has acted
(1) disorderly manner, and
(2) has threatened or is threatening or attempting to cause bodily harm to themselves
(3) violently towards another person
(4) causing another person to fear bodily harm
(4) lack of competence to care
(5) apparently suffering from mental disorder
(6) take person into custody to an appropriate place for examination by a physician
S. 17 MHA 4 Part Test
Part 1: P.O on R&PG believes person IS or HAS acted disorderly
Part 2: on reasonable cause to believe IS or HAS demonstrated violence or can’t care for self
Part 3: Apparent mental illness likely to result in serious bodily harm to anyone
Part 4: Too dangerous to wait to get JP’s order under S. 16
ABSENT WITHOUT LEAVE (AWOL) S. 28(1)
- Where involuntary patient AWOL
- OIC issues Form 9: order for return
- Directs police or other persons to make reasonable attempts to return
- Return to same facility or nearest place where apprehended
- within 1 month
- deemed discharge if not returned within 1 month
Restrain MHA S. 1
- to place under control when necessary
- prevent serious bodily harm to patient or other person
- minimal use of force
- mechanical means or chemical
S. 33 MHA - Duty of Police to remain
Police SHALL remain and retain custody until the facility takes custody
Bill 68 (Brian’s Law)
- Custody to be transferred as soon as reasonably possible
- police be notified promptly when a decision is made to accept or not accept
Criminal Charge/Apprehension
- if applicable, charge criminally and hold for show cause hearing
- advise crown attorney of findings
- court should hold person on secondary ground being “public interest”
