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Difference between revisions of "A Relative Has Been Held against Their Will in a Mental Health Facility"
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A Relative Has Been Held against Their Will in a Mental Health Facility (view source)
Revision as of 22:54, 23 January 2012
, 22:54, 23 January 2012→First steps
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# If you have a relative who has been involuntarily detained in a mental health facility, you should immediately call the facility - usually a hospital in your area. If you don’t know which facility it is, contact your local Health Authority (see the [http://www.health.gov.bc.ca/socsec/ BC Health Authorities listing] on the Ministry of Health website, or the blue pages of the phone book). | # If you have a relative who has been involuntarily detained in a mental health facility, you should immediately call the facility - usually a hospital in your area. If you don’t know which facility it is, contact your local Health Authority (see the [http://www.health.gov.bc.ca/socsec/ BC Health Authorities listing] on the Ministry of Health website, or the blue pages of the phone book). | ||
# Let the facility know what support you are able to provide to your relative, and ask if and when they are planning to release them. | # Let the facility know what support you are able to provide to your relative, and ask if and when they are planning to release them. | ||
# As soon as is practicable, your relative should be notified of their rights under the Mental Health Act. They should be given a Form 13 | # As soon as is practicable, your relative should be notified of their rights under the ''Mental Health Act''. They should be given a Form 13, [https://www.health.gov.bc.ca/exforms/mhdforms/HLTH3513.pdf Notification to Involuntary Patient of Rights Under The Mental Health Act]. | ||
# Your relative has the right to know the reasons for their detention. They have the right to have a copy of their medical certificate(s) unless the facility believes this information will cause serious harm to your relative or cause harm to others. | # Your relative has the right to know the reasons for their detention. They have the right to have a copy of their medical certificate(s) unless the facility believes this information will cause serious harm to your relative or cause harm to others. | ||
# Completion of the | # Completion of the second medical certificate gives the facility the right to give treatment to your relative - including medication - even if your relative does not wish this. | ||
# If your relative continues to be detained against their will for more than 48 hours, | # If your relative continues to be detained against their will for more than 48 hours, they - or you on their behalf - may request a hearing by a mental health Review Panel. The Review Panel is free of charge. This is an independent panel of three people, who will decide if the criteria for certification still exist. You, or your relative, may apply for the Review Panel by completing a Form 7, [https://www.health.gov.bc.ca/exforms/mhdforms/HLTH3507.pdf Application for Review Panel Hearing]. | ||
# Your relative is entitled to be represented by a lawyer or mental health advocate at a Review Panel hearing. If they can’t afford a lawyer on their own, you should see if they qualify for legal aid. See [[Legal Aid representation|legal aid representation]] in the Resource List for information about applying for legal aid). | # Your relative is entitled to be represented by a lawyer or mental health advocate at a Review Panel hearing. If they can’t afford a lawyer on their own, you should see if they qualify for legal aid. See [[Legal Aid representation|legal aid representation]] in the Resource List for information about applying for legal aid). | ||
# You, or your relative, can also get information, and sometimes representation at a Review Panel hearing through the [[Community Legal Assistance Society]]'s Mental Health Law Program by calling | # You, or your relative, can also get information, and sometimes representation at a Review Panel hearing through the [[Community Legal Assistance Society]]'s Mental Health Law Program by calling 604-685-3425. | ||
== What happens next == | == What happens next == | ||
