Section 20
A person under age 16 can be admitted to a hospital or facility against their wishes if their parent or guardian requests admission. Admission after parent/guardian request can only happen if a doctor or nurse practitioner examines the person under 16 and is of the opinion that the person under 16 is a “person with a mental disorder” as defined in the Mental Health Act. The criteria for admission are under section 20 of BC’s Mental Health Act.
Admission criteria
After a parent or guardian makes a request for someone under 16 to be admitted to a facility, a doctor or nurse practitioner examines the person.
As a person under 16 you may be admitted against your wishes under section 20 if a doctor or nurse practitioner examines you, and they are of the opinion that you:
- have a mental disorder, and it seriously impairs your ability to react to your environment and associate with others; and
- need psychiatric treatment in a facility.
There are different criteria for admitting a person as an involuntary patient under section 22 of the Mental Health Act.
Legal rights
Healthcare providers must tell you your rights when you are admitted as a patient under section 20, and on transfer or renewal.
Right to meet with a Rights Advisor
You have a right to meet with a Rights Advisor. If you are in a facility, you can tell your healthcare provider that you request a rights advice meeting, and they will book it for you.
Right to be told where you are
Healthcare providers will tell you the name and location of the facility.
Right to be told the reasons why you’ve been made a patient against your wishes
Healthcare providers will show you the document that explains how you meet the criteria (Form 3).
Right to be examined by a doctor
A doctor must examine you before deciding to renew you as a section 20 patient (Form 3).
Right to a review panel hearing
You have a right to apply for a review panel hearing by the independent Mental Health Review Board. Review panels have three people who will hear your case and decide if you meet the legal criteria to be a patient against your wishes. The hearing is free.
Right to apply to court
You have a right to apply to court for a judge to review your case. A lawyer can provide you with advice about going to court and represent you in court procedures.
Right to a lawyer
You have a right to contact a lawyer. The facility must provide access to a phone and a private room to call. A Rights Advisor can explain your options for getting a lawyer or legal advocate, and how to apply for legal aid.