Groups with particular needs under the Mental Health Act - Younger clients

While the provisions of the Mental Health Act 2007 apply generally to people within NSW, some groups require an additional level of service and attention for the objective of "the best possible and treatment in the least restrictive environment" to be achieved. Younger clients: The Mental Health Act applies to children (those under age 18) who come within the definitions of "mentally ill" or "mentally disordered" persons. It also contains some specific provisions that are dealt with in this post. While the use of the coercive powers of the legislation may at times be necessary, it is important to provide opportunities for a young person to exercise meaningful choice wherever possible. For adolescents, whose major developmental issues concern individuation, autonomy and identity, attention to this aspect of their care and treatment is crucial. Involuntary admission: Young people can be admitted as involuntary patients in the same way as adults. It may be possible in some cases, however, to achieve the necessary care and treatment through an informal (voluntary) admission with the consent and cooperation of the parent(s) or guardian. Informal (voluntary) admission: The Mental Health Act contains the following specific provisions in relation to the voluntary admission of children: a child may request voluntary admission; if the child is under 16 years, the declared mental health facility must notify the parent or guardian as soon as practicable of a voluntary admission; if the child is 14 or 15 years they may choose to continue as a voluntary patient even where a parent or guardian objects; if the child is under 14 years parental consent is essential for the admission to proceed; if the child is under 14 years, where a parent or guardian objects to the care or treatment, the medical superintendent of the declared mental health facility must discharge the young person. Rights of young people under the Act: Young people in general have the same rights as adults under the Mental Health Act 2007. In particular, they have the same rights to information and legal representation. Children's inexperience, however, can add another layer of complexity in considering how they can best be assisted to understand and exercise those rights. Young people and consent to medical treatment: As with adults consent to medical treatment must be informed. This means that a young person must be given relevant information in language they understand. Side effects and reasonable alternative treatments should also be explained. Where the Mental Health Act 2007 requires a signed consent form this can be given by the young person in certain circumstances, or by the parent or guardian. In these cases a judgement must be made about the individual child's maturity and capacity to understand what is being proposed. The Bowral Mental Health Service has access to its adolescent mental health team based at the CoY Cottage at the rear of the Bowral Hospital. Referrals can be made to the Intake Officer at the Bowral Community Health Centre on 4861 8000. Children and young people brought to the Bowral Hospital will be seen by a staff member of the Bowral Mental Health Service in the Emergency Department, the Children's Ward or at the CoY Cottage. In the next post we shall look at the special needs, under the Mental Health Act 2007, of older persons.