The Mental Health Act (the Act) is an Ontario law that governs the administration of mental health care. The main purpose of the law is to regulate the involuntary admission of persons to a psychiatric hospital. Since the changes made in 2000 under Bill 68 (often referred to as Brian`s Law, named after Brian Smith, who was shot by a person with paranoid schizophrenia in 1995), the law allows for a community treatment order by the attending physician. The purpose of this order is to ensure comprehensive treatment outside a psychiatric institution. Mental illness and addiction affect the whole family as well as the person`s friends. It is important that everyone receives the support they need. Give all the support you can without overwhelming yourself and direct others to the resources listed at the end of this brochure. If it turns out that the person does not pose a risk to themselves or others, they can leave the hospital if they wish, even if it violates medical advice. If the psychiatric team determines that the person poses a risk to themselves or others, they may be detained in hospital under other forms of mental health legislation until it is determined that they can walk safely. People with mental health or addiction problems are not always willing to seek treatment. You may not think there is a problem.
Or they feel like they can tackle the problem on their own and without treatment. The person may also have concerns about the mental health system or concerns about mental health stigma or the diagnosis of addiction. This is a difficult situation for families. Although your family member may not see the need for treatment, you are experiencing the situation and feel that they need support. and if, in addition, the physician is of the opinion that the person appears to be suffering from a mental disorder that may result in the appointment of a justice of the peace, determining whether there are reasonable grounds to believe that a person appears to be suffering from a mental disorder of the type described in section 16, performs a judicial function and, as such, is not a compelling witness, when called to testify during the examination of a coroner. [4] Supporting a family member with a mental illness or addiction can be overwhelming. It can be difficult to reconcile your own needs with being there for them. Take time for yourself and make sure your own needs are met – you can`t effectively support your family member unless you take care of yourself. Since a Form 1 applies only to an assessment and not to an involuntary admission per se, the threshold for issuing a Form 1 may be low.
For a Form 1 to be valid, there must be evidence of two things: (1) a risk (harm to yourself, others, or a physical disability) and (2) evidence of a mental disorder related to (or causing) that risk. There does not have to be an existing or formal psychiatric diagnosis for a Form 1 to be valid. A mental disorder is defined as any psychiatric disorder or neurocognitive disorder (including dementia and other neurodegenerative disorders). A physician who places a person on Form 3 or Form 4 is required to notify legal counsel[13] who must meet with the patient and explain the patient`s rights. [14] If the patient wishes, legal counsel will also assist the patient in appealing or requesting legal services. [15] It may be easier to cope if you feel informed about what your family member is going through. Many resources are available, but sometimes it is difficult to know what information is correct. The Resources section of this brochure is a good place to start. There may also be educational sessions that you can attend. If you are concerned that a family member may pose a risk to yourself or others, you can apply to a Justice of the Peace for a Form 2 (www.ontariocourts.ca/ocj). This form allows the police to take the person to the hospital for evaluation. At the hospital, a doctor will assess the person to see if they should be put on a Form 1.
The law states that “the purpose of a community treatment order is to provide a person with a serious mental disorder with a comprehensive treatment or community care and supervision plan that is less restrictive than incarceration in a psychiatric facility. [and] to provide such a plan to a person who is familiar with this pattern because of his or her serious mental disorder: the person is admitted to a psychiatric facility where his or her condition is usually stabilized; After discharge from the institution, the person often stops treatment or care and supervision; The person`s condition changes and, therefore, the person must be readmitted to a psychiatric institution. [20] When a person is put on a Form 1, they are often said to have been “educated.” A person who is on a Form 1 does not have the right to legally challenge the form. If a person behaves in a disorderly manner, the law allows the police to take a person who is already in custody to a designated psychiatric facility for examination by a physician if they believe the person poses an immediate danger to themselves, an immediate danger to others, or is unable to: take care of themselves to such an extent that they result in a physical impairment. The officer must implicitly believe that the immediate nature of the threat precludes the application of section 16 (Information before a justice of the peace). [1] The Chamber is composed of at least one lawyer, a psychiatrist and a member of the community (often a family member of a person with mental illness). [18] Police may also take a person to the hospital if they or someone else has seen the person behave dangerously because of a mental health problem, or if they have a Form 1 or Form 2. The physician may, in the prescribed form, submit a request for a psychiatric assessment of the person. [5] Try to predict possible seizures and plan what you would do. An emergency plan should include the following contact information: Often, we help family members succinctly explain why they believe their loved one should be put on a Form 1.
It is important to understand the purpose of Form 1 and when it can be issued so that the most relevant information is shared with employed physicians. Consent to treatment is not covered by the Mental Health Act, but by the Health Care Consent Act. The physician must also complete a Form 42[8] to notify the person and let them know why they are being detained. [9] The criteria in Box B are more complicated in an emergency room and are therefore generally not met. To meet the criteria in Box B, the patient must have been treated for the same or a similar mental disorder in the past and must have symptoms indicating the same or a similar mental disorder. In addition, they must also have a history of improvement with treatment and evidence that they are likely to improve again with treatment. Finally, the person must also have a determination of incapacity for work and his substitute decision-maker (SDM) must also have consented to the treatment (i.e. you have contacted the SW Award). The funding threshold for box B is therefore much higher than for category A. In Box A, a patient must pose a serious and immediate risk to himself or herself or to others. With the criteria in box B, you must always complete a capacity assessment and have a determination of incapacity for work (i.e. – also issue a Form 33).
When a physician decides that a patient meets the criteria for a joint treatment order, a treatment plan is developed with the participation of everyone involved in the plan. In addition to the doctor and patient, those involved in the plan may include other health care workers, social workers, family members, the assistant decision-maker, or others. Once the treatment plan has been agreed upon by all parties, the patient must follow the plan while living in the community. If you do not follow the plan, the person can be readmitted to the hospital on a Form 47. A notable aspect of community treatment orders is that they allow anyone named in the treatment plan to communicate with each other to provide treatment, care or supervision to the person. [21] By removing barriers to communication between members of the health team, appropriate action can be taken quickly when the person is at risk. In addition to meeting at least 1 in 3 criteria, Form 1 can only be valid if there is evidence of a mental disorder. This evidence is based on two “tests”: children in particular may need help to understand what is going on. If you`re worried about how a child is coping, you can talk to their family doctor. Support can also be provided by a school social worker or a community organization. Once a person has been taken to a psychiatric facility for assessment, the physician may detain the person for up to 72 hours upon request for a psychiatric assessment (Form 1). This form allows the person to be detained in a psychiatric facility for evaluation, but does not itself allow treatment without the person`s consent.
The physician who signs Form 3 must be different from the physician who signed the original Form 1. [11] The ACSL booklet When a Family Member Thinks about Suicide lists crisis lines and other supports. Family Resource Centre Tel.: 416-535-8501 ext. 33202 Email: family.engagement@camh.ca www.camh.ca/families. At the end of the 72 hours that a Form 1 allows, the person must either be released, admitted as a voluntary patient, or continue to be detained as an involuntary patient with a certificate of involuntary admission (Form 3). [10] At the end of the two weeks, if the facility is to continue to keep the patient involuntarily, a renewal certificate (Form 4) must be completed. The first time a Form 4 is completed, it is valid for one month, the second time it is completed, it is valid for two months, each time after that it is valid for three months. [12] Each time a Form 4 is completed, another Form 30 must be completed to notify the patient […].