In January 2021, B.C.’s Representative for Children and Youth published “Detained: Rights of children and youth under the Mental Health Act,” which explores the system for involuntary detention and centres the voices of youth who have experience with detention under the Act. The report highlights their insights and raises serious questions about whether they are being made aware of their rights, whether their voices are being heard and acted upon and what the long-term impacts of involuntary detention are on young people.
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Experiences of mental health issues
Overarching
Recommendation 2: That the Ministry of Health require health authorities to collect and report key information pertaining to children and youth admitted under the Mental Health Act in a way that is standardized across the province and reported regularly, including but not limited to:- identity factors (ethnicity, gender identity);
- Indigeneity – First Nations, Métis and Inuit identity;
- standardized length of stay data across all hospital settings; admissions of children on a voluntary basis at the request of their parents;
- requests for, and outcomes of, second medical opinions;
- detailed seclusion and restraint data; data related to extended leave;
- outcomes related to quality of care, effectiveness and patient satisfaction.
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Admission
Recommendation 3: That the Ministry of Health, in partnership with the Ministry of Mental Health and Addictions and the health authorities, review and reconcile s.20(a)(ii) of the Mental Health Act that permits the designated director to admit a child under 16 on a voluntary basis at the request of their parent or guardian with the mature minor doctrine. Review to be complete by Jan. 1, 2022.-
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Rights
Recommendation 5: That the Attorney General in partnership with the Ministries of Health and Mental Health and Addictions, ensure that an independent body is notified every time a child or youth is detained under the Mental Health Act and that this body is mandated to provide rights advice and advocacy to children and youth. Independent body to be in place by Dec. 1, 2021.-
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Rights
Recommendation 6: That the Ministry of Health in co-operation with the Ministry of Mental Health and Addictions and the health authorities assess the appropriateness and accessibility of the information currently provided to children and youth and develop new information using multiple formats and media to better support young people to understand what’s happening to them and what their rights and options are when detained under the Mental Health Act. Youth with lived expertise to be engaged to advise on the information that is most helpful and how best to make information available to children and youth. Information to be developed by Dec. 1, 2021.-
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