Mental Health and Related Services Act 1998
26Admission of persons under 18 as voluntary patients
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26 Admission of persons under 18 as voluntary patients (1) A person under 18 must not be admitted to an approved treatment facility as a voluntary patient unless the person can be cared for and treated: (a) in a way that gives due regard to the person's age, culture, gender and maturity; and (b) if appropriate and possible – separately from persons who are 18 or over. (2) As soon as practicable after a person under 18 is admitted to an approved treatment facility as a voluntary patient, a practitioner must notify a parent or guardian of the person that the person has been so admitted. (3) However, the practitioner may decide not to notify a parent or guardian of the person if the practitioner is of the opinion that giving the notification is not in the person's best interests. (4) If the practitioner decides not to notify a parent or guardian of the person because of subsection (3), the practitioner must give to the Tribunal a written report of the decision and the reason for it in the
Mental Health and Related Services Act 1998 25 (5) A notification under subsection (2) may be given orally or in writing but must be in a language that can be understood by the receiver of the notification. (6) If a practitioner believes, on reasonable grounds, the person has suffered or is suffering maltreatment, the practitioner must notify an authorised officer not later than 48 hours after the admission. (7) A practitioner must make a record of each of the following in (a) a notification under subsection (2); (b) a decision under subsection (3) not to notify a parent or guardian of the person and the reasons for it; (c) a notification to an authorised officer under subsection (6). (8) In this section: authorised officer, see section 304(1) of the Care and Protection of Children Act 2007. treatment facility to which the person is admitted.