171 (1) Any one of the following persons may apply to the administrator for the emergency admission of a child to a secure treatment program: 1. Where the child is younger than 16, i. the child’s parent, ii. a person who is caring for the child with a parent’s consent, iii. a child protection worker who brought the child to a place of safety under section 81, or iv. a society that has custody of the child under an order made under Part V (Child Protection). 2. Where the child is 16 or older, i. the child, ii. the child’s parent, if the child consents to the application, iii. a society that has custody of the child under an order made under Part V (Child Protection), if the child consents to the application, or iv. a physician. Criteria for admission (2) The administrator may admit a child to the secure treatment program on an application under subsection (1) for a period not to exceed 30 days where the administrator believes on reasonable grounds that, (a) the child has a mental disorder; (b) the child has, as a result of the mental disorder, caused, attempted to cause or by words or conduct made a substantial threat to cause serious bodily harm to themself or another person; (c) the secure treatment program would be effective to prevent the child from causing or attempting to cause serious bodily harm to themself or another person; (d) treatment appropriate for the child’s mental disorder is available at the place of secure treatment to which the application relates; and (e) no less restrictive method of providing treatment appropriate for the child’s mental disorder is appropriate in the circumstances. Admission on consent (3) The administrator may admit the child under subsection (2) although the criterion set out in clause (2) (b) is not met, where, (a) the other criteria set out in subsection (2) are met; (b) the child, after obtaining legal advice, consents to the admission; and (c) if the child is younger than 16, the child’s parent or, where the child is in a society’s lawful custody, the society consents to the child’s admission. Where child younger than 12 (4) Where the child is younger than 12, the administrator shall not admit the child under subsection (2) unless the Minister consents to the child’s admission. Additional requirement where applicant is physician (5) Where the applicant is a physician, the administrator shall not admit the child under subsection (2) unless the administrator is satisfied that the applicant believes the criteria set out in that subsection are met. Notices required (6) The administrator shall ensure that within 24 hours after a child is admitted to a secure treatment program under subsection (2), (a) the child is given written notice of the child’s right to a review under subsection (9); and (b) the Children’s Lawyer and the prescribed person, if any, are given notice of the admission. 2017, c. 14, Sched. 1, s. 171 (6); 2018, c. 17, Sched. 34, s. 6 (6). Mandatory advice (7) The Children’s Lawyer or, if a person is prescribed for the purposes of clause (6) (b), that person shall ensure that as soon as possible after the notice is received a person who is not employed to provide services in the secure treatment program explains to the child the child’s right to a review in language suitable to the child’s understanding. 2017, c. 14, Sched. 1, s. 171 (7); 2018, c. 17, Sched. 34, s. 6 (7). Children’s Lawyer to ensure child represented (8) The Children’s Lawyer shall represent the child at the earliest possible opportunity and in any event within five days after receiving a notice under subsection (6) unless the Children’s Lawyer is satisfied that another person will provide legal representation for the child within that time. Application for review (9) Where a child is admitted to a secure treatment program under this section, any person, including the child, may apply to the Board for an order releasing the child from the secure treatment program. Child may be kept in program while application pending (10) Where an application is made under subsection (9), the child may be kept in the secure treatment program until the application is disposed of. Procedure (11) Subsections 161 (7), (8) and (9) (hearing) and section 162 (waive oral evidence) apply with necessary modifications to an application made under subsection (9). Time for review (12) Where an application is made under subsection (9), the Board shall dispose of the matter within five days of the making of the application. Order (13) The Board shall make an order releasing the child from the secure treatment program unless the Board is satisfied that the child meets the criteria for emergency admission set out in clauses (2) (a) to (e). Section Amendments with date in force (d/m/y) 2018, c. 17, Sched. 34, s. 6 (6, 7) - 01/05/2019 Police Assistance Powers of peace officers, period of commitment