124 (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 less than sixteen years of age, 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 has apprehended the child under section 40 of Part III (Child Protection), or iv. a society that has custody of the child under an order made under Part III. 2. Where the child is sixteen years of age or more, 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 III (Child Protection), if the child consents to the application, or iv. a physician.  R.S.O. 1990, c. C.11, s. 124 (1). 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 thirty 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 himself, herself 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 himself, herself 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.  R.S.O. 1990, c. C.11, s. 124 (2). 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 his or her admission; and (c) if the child is less than sixteen years of age, the child’s parent or, where the child is in a society’s lawful custody, the society consents to the child’s admission.  R.S.O. 1990, c. C.11, s. 124 (3). Where child under twelve (4) Where the child is less than twelve years old, the administrator shall not admit the child under subsection (2) unless the Minister consents to the child’s admission.  R.S.O. 1990, c. C.11, s. 124 (4). 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.  R.S.O. 1990, c. C.11, s. 124 (5). Notices required (6) The administrator shall ensure that within twenty-four hours after a child is admitted to a secure treatment program under subsection (2), (a) the child is given written notice of his or her right to a review under subsection (9); and (b) the Provincial Advocate for Children and Youth and the Children’s Lawyer are given notice of the admission.  R.S.O. 1990, c. C.11, s. 124 (6); 1994, c. 27, s. 43 (2); 2007, c. 9, s. 25 (4). Mandatory advice (7) The Provincial Advocate for Children and Youth shall ensure that forthwith after the notice is received a person who is not employed by the secure treatment facility explains to the child his or her right to a review in language suitable for the child’s level of understanding.  R.S.O. 1990, c. C.11, s. 124 (7); 2007, c. 9, s. 25 (5). 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.  R.S.O. 1990, c. C.11, s. 124 (8); 1994, c. 27, s. 43 (2). 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.  R.S.O. 1990, c. C.11, s. 124 (9). 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.  R.S.O. 1990, c. C.11, s. 124 (10). Procedure (11) Subsections 114 (7), (8) and (9) (hearing) and section 115 (waive oral evidence) apply with necessary modifications to an application made under subsection (9).  R.S.O. 1990, c. C.11, s. 124 (11); 1993, c. 27, Sched. 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.  R.S.O. 1990, c. C.11, s. 124 (12). 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 124 (2) (a) to (e).  R.S.O. 1990, c. C.11, s. 124 (13). Section Amendments with date in force (d/m/y) 1993, c. 27, Sched. - 31/12/1991; 1994, c. 27, s. 43 (2) - 03/04/1995 2007, c. 9, s. 25 (4, 5) - 05/10/2007 Police Assistance Powers of peace officers, period of commitment