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StatuteChildren, Young Persons, and Their Families Act 1989

Section 181 — Children, Young Persons, and Their Families Act 1989: Court may order examination to be carried out in psychiatric hospital

Text of the provision Official document

181 Court may order examination to be carried out in psychiatric hospital (1) If, at any stage of the hearing of any proceedings under Part 2 of this Act,— (a) Two medical practitioners have certified or given evidence that a psychiatric assessment of any child of or over the age of 10 years, or of any young person to whom the proceedings relate, should be obtained, and it appears to the Court that it would not be practicable for such assessment to be carried out outside a psychiatric hospital; or (b) Two psychiatric reports (whether obtained pursuant to section 178(1) of this Act or otherwise) recommending detention of any such child or young person in a psychiatric hospital for further observation are available to the Court,— the Court may, if it considers it expedient, make an order for the detention and examination of that child or young person in a psychiatric hospital for such period, not exceeding 5 days, as the Court thinks fit. (2) Where an order is made under subsection (1) of this section, a Family Court Judge may, on application made at any time before the expiry of the period specified in the order, if he or she is satisfied that it is necessary to detain the child or young person to whom the order relates in a psychiatric hospital for longer than that period for the purpose of completing the assessment or observation of that child or young person pursuant to that order, extend the period for which that child or young person may be detained in that hospital for such period, not exceeding 14 days, as the Judge thinks fit. (3) The examination required by an order made under subsection (1) of this section shall be carried out by a medical practitioner holding a specialist psychiatric appointment or holding vocational registration in the speciality of psychological medicine or psychiatry. (4) An order made under subsection (1) of this section in respect of any child or young person is sufficient authority— (a) For the detention of the child or young person by a Social Worker or any member of the Police for the purpose of ensuring compliance with the order: (b) For the transfer of the child or young person from a residence to a psychiatric hospital: (c) For the detention of the child or young person and examination in a psychiatric hospital: (d) For the return to any residence in which the child or young person was detained at the time of transfer to a psychiatric hospital. Compare: 1974 No 72 s 42A(3), (4); 1977 No 126 s 13 Subsection (3) was substituted, as from 1 July 1996, by section 143(1) Medical Practitioners Act 1995 (1995 No 95). See clause 2 Medical Practitioners Act Commencement Order 1996 (SR 1996/162).

Official source: legislation.govt.nz

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