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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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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Treatment
Recommendation 10: That the Ministry of Health, in partnership with the Ministry of Mental Health and Addictions and the health authorities, undertake a comprehensive review of practices for:- children under 16 who have been “voluntarily” admitted, and take all necessary legal and administrative measures to ensure that “mature minor” capacity assessments are carried out where treatment is proposed, that the results of those assessments are recorded, and that physicians understand their duty to comply with the views of a mature minor regarding treatment, subject only to the order of a court;
- children assessed as mature minors who have been involuntarily admitted, and take all necessary legal and administrative measures to ensure that (i) despite the deemed consent provisions, the views of the young person are obtained, recorded and carefully considered before treatment decisions are made, and (ii) treatment information is conveyed in a manner that children and youth may understand.
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Reviews
Recommendation 13: That the Ministry of Health and the Ministry of Mental Health and Addictions put forward amendments to the Mental Health Act after actively engaging and consulting with health authorities, First Nations, Métis Nation and urban Indigenous communities and leadership and other appropriate bodies to create mandatory periodic Mental Health Review Board reviews for (i) involuntarily detained children and youth, and (ii) children under 16 who are admitted at the request of their parents, to ensure that such reviews do not depend on the child’s knowledge or ability to make such a request. Mandatory reviews should only be conducted with the consent of the child or youth or their representative. Amendments to be put forward by May 1, 2022-
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Reviews
Recommendation 14: That the Mental Health Review Board pilot a new Review Board hearing process for children and youth that centres the young person and is trauma-informed and culturally attuned after actively engaging and consulting with health authorities, First Nations, Métis Nation and urban Indigenous communities and leadership and other appropriate bodies. Pilot to be operational by Oct. 1, 2022.-
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