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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Treatment
Recommendation 11: 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 ensure that, for children and youth who are detained under the Mental Health Act, isolation and restraint are:- only used as a last resort when all other interventions have been exhausted, and
- only used in accordance with specific legislative or regulatory criteria including assessment, time limits, reviews, documentation and reporting requirements.
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Treatment
Recommendation 12: That the Ministry of Health and the Ministry of Mental Health and Addictions conduct an evidence informed and outcomes-based review of extended leave for children and youth who are detained under the Mental Health Act to:- assess the effectiveness of extended leave as a mental health intervention for children and youth, and
- if extended leave is determined to be effective, review the need for additional legislative or regulatory criteria and oversight mechanisms, and review the extent to which children and youth are aware of and exercise their rights on extended leave.
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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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- Access to justice ,
- Corrections ,
- Culture and language ,
- Decolonization and Indigenous rights ,
- Health ,
- Health, wellness and services ,
- Human rights system ,
- Indigenous children and youth in care ,
- Mental health and detention ,
- Policing and the criminal justice system ,
- Poverty and economic inequality ,
- Public services
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