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SNL2016 CHAPTER S-12.3

SECURE WITHDRAWAL MANAGEMENT ACT
[To be Proclaimed ]

Amended:

 

CHAPTER S-12.3

AN ACT RESPECTING SECURE WITHDRAWAL MANAGEMENT FOR YOUNG PERSONS

(Assented to December 14, 2016)

Analysis


       
1.   Short title

       
2.   Interpretation

              PART I
PURPOSE AND GENERAL PRINCIPLE

       
3.   Purpose and effect

       
4.   General principle

              PART II
ORDERS RESPECTING SECURE WITHDRAWAL MANAGEMENT

       
5.   Admission only on order

       
6.   Secure withdrawal management order

       
7.   Order by judge

       
8.   Notice

       
9.   Process

     
10.   Peace officer's authority re: order

     
11.   Admission to medical facility

     
12.   Young person not apprehended

     
13.   Renewal of secure withdrawal management order

     
14.   Renewal of orders generally

     
15.   Expiration of orders

     
16.   Calculation of time where young person absconds

     
17.   Rights of young person

     
18.   Procedural rights of detained young person

     
19.   Rights advisor

     
20.   Functions of rights advisor

     
21.   Notice to rights advisor

     
22.   Appeal

     
23.   Manager may authorize absence

     
24.   Release of young person

     
25.   Ongoing assessment

              PART III
PROCEEDINGS

     
26.   Proceedings and evidence

     
27.   Appearance in court

     
28.   Application to be heard

     
29.   Publication ban

     
30.   Participation by young person

     
31.   Variation of notice requirements

     
32.   Service of documents

              PART IV
GENERAL

     
33.   Care and treatment plan

     
34.   Confidentiality of information

     
35.   Protection from liability

     
36.   Statutory review

     
37.   Regulations

     
38.   Regulations

     
39.   Forms

     
40.   SNL2008 cP-7.01 Amdt.

     
41.   NLR 28/07 Amdt.

     
42.   Commencement


Be it enacted by the Lieutenant-Governor and House of Assembly in Legislative Session convened, as follows:

Short title

        1. This Act may be cited as the Secure Withdrawal Management Act.

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Interpretation

        2. (1) In this Act

             (a)  "alcohol" means alcohol as defined in the Liquor Control Act;

             (b)  "child and youth advocate" means the Child and Youth Advocate appointed under the Child and Youth Advocate Act ;

             (c)  "court" means, unless the context indicates otherwise, the Provincial Court of Newfoundland and Labrador and includes a judge of the Provincial Court ;

             (d)  "department" means the department presided over by the minister;

             (e)  "drug" means

                      (i)  alcohol, or

                     (ii)  a substance, other than a tobacco product

                            (A)  the use of which is controlled by law, or

                            (B)  which is used by a young person in a manner which is not intended by the manufacturer of the substance;

             (f)  "facility" means a building or part of a building designated by the minister in the regulations as a secure withdrawal management facility;

             (g)  "guardian" means a person, including a manager appointed under the Children and Youth Care and Protection Act , to whom custody of the young person has been granted by a court of competent jurisdiction or by an agreement;

             (h)  "judge" means, unless the context indicates otherwise, a Provincial Court judge appointed under the Provincial Court Act, 1991 , and includes the chief judge;

              (i)  "manager" means a manager of a facility and includes his or her lawful delegates;

              (j)  "minister" means the minister appointed under the Executive Council Act to administer this Act;

             (k)  "parent" means

                      (i)  the custodial mother or father of a young person, or

                     (ii)  the non-custodial parent of a young person who regularly exercises or attempts to exercise rights of access;

              (l)  "peace officer" means a member of the Royal Canadian Mounted Police, a member of the Royal Newfoundland Constabulary, or a person approved by the Attorney General to perform the duties of a peace officer;

           (m)  "rights advisor" means a rights advisor appointed by the minister under section 19 ;

             (n)  "secure withdrawal management" means care, support and medical treatment of a young person with drug addiction detained in a facility during a drug-free period in a safe and secure environment which would allow the young person to decide, while not under the acute influence of drugs, whether to accept treatment for drug addiction; and

             (o)  "young person" means a person who is 12 years of age or over but under 18 years of age.

             (2)  Notwithstanding paragraph (1)(o), where a young person reaches the age of 18 years during the time he or she is detained under the authority of an order made under this Act, the order is not invalidated and it shall continue in force until it expires or the young person is otherwise released in accordance with this Act.

             (3)  A person who has a duty to inform or to advise under this Act satisfies that duty by informing or advising another to the best of his or her ability and in a manner that addresses the special needs of the person receiving the information or advice, whether or not that person understands the information or advice.

             (4)  A facility is not

             (a)  a psychiatric unit for the purpose of the Mental Health Care and Treatment Act ; or

             (b)  a youth custody facility for the purpose of the Youth Criminal Justice Act (Canada ).

2016 cS-12.3 s2

PART I
PURPOSE AND GENERAL PRINCIPLE

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Purpose and effect

        3. (1) The purpose of this Act is

             (a)  to provide for the assessment, treatment, care and supervision of young persons with drug addiction and to provide a secure place for those young persons to withdraw from drugs and to receive medical and other treatment required for withdrawal from drugs;  

             (b)  to prevent young persons with drug addiction from causing harm to themselves or another, from suffering substantial mental health or physical deterioration or serious mental or physical impairment;

             (c)  to provide for the apprehension, conveyance, detainment, custody, restraint, observation, assessment, medical treatment, stabilization, care and supervision of young persons by means that are the least restrictive and intrusive for the achievement of the purposes set out in paragraphs (a) and (b); and

             (d)  to provide for the rights of young persons apprehended, detained, restrained, admitted, assessed, treated, stabilized, cared for and supervised under this Act.

             (2)  Nothing in this Act shall be considered to affect the rights or privileges of a young person except as specifically set out in this Act.

             (3)  The rights and obligations of a parent or guardian with respect to a young person under the common law, the Children and Youth Care and Protection Act or under another Act of the Legislature are not affected by the coming into force of this Act, except as specifically provided in it.

             (4)  The parent or a guardian of a young person who is the subject of a secure withdrawal management order under this Act at all times retains the right to be consulted and informed of any medical treatment or care related to the withdrawal from drugs provided to a young person under the authority of this Act.

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General principle

        4. (1) This Act shall be interpreted and administered in accordance with the principle that the overriding and paramount consideration in a decision made under this Act shall be the best interests of the young person.

             (2)  In determining a young person's best interests, all relevant factors shall be considered, including

             (a)  the young person's safety, health and well-being;

             (b)  the young person's physical, emotional and developmental needs;

             (c)  the young person's relationship with family or a person significant to the young person;

             (d)  the young person's identity and cultural and community connections; and

             (e)  the young person's opinion regarding his or her medical treatment, care and the provision of services.

2016 cS-12.3 s4

PART II
ORDERS RESPECTING SECURE WITHDRAWAL MANAGEMENT

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Admission only on order

        5. A young person may only be admitted to and detained in a facility for a period of secure withdrawal management under the authority of an order under this Act.

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Secure withdrawal management order

        6. (1) A manager may apply to court for a secure withdrawal management order where the manager reasonably believes, based on all relevant information including information from health care professionals, that a young person satisfies all of the criteria referred to in subsection (4).

             (2)  A manager shall obtain the consent of the young person's parent or guardian before making an application under subsection (1), and where the consent of one parent or guardian has been obtained, the court may dispense with the consent of any other parent or guardian of the young person.

             (3)  An application may be made under this section without notice to another person and may be joined with another application that may be made under this Act.

             (4)  All of the following shall be met for an order for secure withdrawal management to be made:

             (a)  the young person is abusing one or more drugs severely and persistently and, as a result, is likely to deteriorate substantially either physically or psychologically;

             (b)  the young person is likely to cause harm to himself or herself or others if he or she is not detained for a period of secure withdrawal management;

             (c)  a period of secure withdrawal management is likely to reduce the risk of the young person causing harm to himself or herself or to another person or from suffering substantial physical or psychological deterioration;

             (d)  the young person is in need of a period of secure withdrawal management to facilitate the young person's supervised withdrawal from drugs;

             (e)  the young person is unable to fully appreciate the nature and consequences of his or her drug addiction or to make an informed decision regarding cessation of drug abuse and the need for treatment related to withdrawal from drugs;

             (f)  other available interventions are inadequate in the circumstances; and

             (g)  the order is in the best interests of the young person.

             (5)  Before a judge makes a determination whether to issue a secure withdrawal management order, the judge may order that the young person who is the subject of the application be apprehended by a peace officer under the authority of section 10 and conveyed to a medical facility or another facility prescribed in the regulations for the purpose of conducting an assessment to determine if that young person meets the criteria referred to in paragraph (4)(e).

             (6)  An assessment to determine whether a young person satisfies the requirements of paragraph (4)(e) shall be conducted by a physician, an addictions specialist or another person approved by the minister in the regulations.

             (7)  The detainment of a young person under the authority of an order made under subsection (5) shall not exceed 24 hours.

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Order by judge

        7. (1) Where a judge is satisfied that the young person who is the subject of the application for a secure withdrawal management order satisfies all of the criteria referred to in subsection 6 (4), the judge may grant a secure withdrawal management order and order that the young person who is the subject of the order be

             (a)  apprehended; and

             (b)  conveyed to a facility and detained there until released in accordance with the order.

             (2)  An order for secure withdrawal management shall be made for not less than 5 days and not more than 10 days.

             (3)  A secure withdrawal management order issued under the authority of this Act

             (a)  authorizes a peace officer to apprehend a young person in the manner referred to in section 10 ; and

             (b)  authorizes the provision of support and assistance, including medical treatment, to a young person that is reasonably necessary for the young person to safely withdraw from drugs.

             (4)  In addition to making an order for secure withdrawal management, a judge who is satisfied on oath or affirmation that there are reasonable grounds to believe that a young person is or will be present in the premises named in the order may make an order authorizing a peace officer to enter the premises, by reasonable force if necessary, and search for the young person who is the subject of the order for secure withdrawal management.

             (5)  A peace officer shall apprehend, convey and detain a young person.

             (6)  Notwithstanding subsection (5), nothing in this section precludes a parent, guardian or other person authorized by the court from conveying a young person to a facility or another appropriate place set out in the regulations.

             (7)  Where a young person who is the subject of a secure withdrawal management order absconds from a facility and it is not known whether that young person is present at the premises referred to in the original secure withdrawal management order, a judge who is satisfied on oath or affirmation that there are reasonable grounds to believe that the young person will be present at a premises other than the one referred to in the original secure withdrawal management order may make an order authorizing a peace officer to enter that other premises, by reasonable force if necessary, and search for the young person.

             (8)  An order under subsection (7) authorizes a peace officer to apprehend a young person in the manner referred to in section 10 .

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Notice

        8. (1) Where an application for an order or an application for renewal of an order is made, notice shall be served on the following persons:

             (a)  the young person respecting whom the application is made;

             (b)  the parent or guardian of the young person; and

             (c)  those other persons that the court may direct.

             (2)  Where an order is made further to an application or an application for renewal, the persons referred to in subsection (1) shall be given a copy of that order.

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Process

        9. (1) An application for a secure withdrawal management order shall be in writing, in a form approved by the minister.

             (2)  Where it would not be practical to appear in person before a judge to apply for an order, the court may consider an application by telephone, videoconference or other means of telecommunication.

             (3)  A manager who submits an application in the manner contemplated in subsection (2) shall

             (a)  have the application and any other documents used in evidence in his or her possession while speaking with the judge on the telephone or other means of telecommunication;

             (b)  communicate the contents of the application and other documents to the judge by telephone or by other means of telecommunication satisfactory to the judge; and

             (c)  send the application and other documents to the judge promptly in the manner prescribed in the regulations.

             (4)  The court may administer an oath to a person and receive the person's evidence by telephone if the oath and evidence are recorded word for word.

             (5)  Notice of the time and place of a hearing of an application shall be served not later than 2 clear days after the date for holding the hearing is obtained from the court.

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Peace officer's authority re: order

      10. (1) An order under this Act is authority for a peace officer to apprehend the young person named in the order and to convey him or her to a facility or an appropriate place.

             (2)  A peace officer is authorized to enter, by reasonable force, any premises referred to in subsection 7 (4) as authorized by an order made under that subsection, to search for, apprehend, detain and convey the young person to a facility or an appropriate place.

             (3)  A young person who is apprehended and detained under a secure withdrawal management order shall be conveyed to a facility or an appropriate place as soon as practicable and by the least intrusive means possible without compromising the safety of that young person or the public.

             (4)  When the peace officer apprehends the young person, the peace officer shall promptly inform the young person

             (a)  of the reason for the apprehension and where he or she is being taken;

             (b)  that he or she is being taken to a facility for a period of secure withdrawal management;

             (c)  that he or she has the right to contact a parent or guardian; and

             (d)  that he or she has the right to retain and instruct counsel without delay, and the peace officer shall give the young person a reasonable opportunity to do so.

             (5)  Where a young person has been detained in a facility or an appropriate place under the authority of an order but he or she absconds from that facility or an appropriate place, a peace officer may, under the authority of the original order or an order granted under the authority of subsection 7 (7), exercise the powers and duties under this section to apprehend the young person and return him or her to the facility or an appropriate place.

             (6)  Where a young person has absconded from a facility or an appropriate place and is not apprehended, the order to which that young person is subject shall expire 7 days after the day the young person absconded and the young person shall be considered to have been discharged from the facility or the appropriate place.

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Admission to medical facility

      11. (1) Notwithstanding subsection 10 (3), where an order has been made by a judge but, in the opinion of a physician the young person who is named in the order requires medical treatment or other health care services that cannot be provided in a facility, the young person may be detained and treated at another place and shall be admitted to the facility when the treatment is concluded, provided that the period of secure withdrawal management authorized by the order has not expired.

             (2)  Where a young person is detained in another place under subsection (1), the person in charge of the place where the young person is detained has, in addition to the powers conferred upon him or her by an Act respecting that place, the powers and duties of a manager under this Act in respect of the custody and control of the young person and the young person shall be considered to continue as detained under an order made under this Act in the same manner and to the same extent as if he or she were detained in a facility.

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Young person not apprehended

      12. Where an order has been made under this Act but the young person who is the subject of the order is not apprehended under the authority of that order within 7 days, the order is rescinded at the end of the seventh day after it was issued.

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Renewal of secure withdrawal management order

      13. (1) Before the expiration of a secure withdrawal management order, a manager may apply to court, with the consent of the young person’s parent or guardian for the renewal of that order where the manager reasonably believes that the young person satisfies all of the criteria referred to in subsection (2), and where a judge is satisfied that the young person does satisfy all of those criteria, the judge may grant a renewal of the secure withdrawal management order.

             (2)  The criteria which shall be considered respecting an application for and granting of the renewal of a secure withdrawal management order are as follows:

             (a)  all of the criteria referred to in subsection 6 (4), with the necessary changes, continue to be satisfied;

             (b)  the young person continues to require supervision during withdrawal from a drug;

             (c)  the young person has not engaged in an appropriate care and treatment plan; and

             (d)  without a secure environment, the young person is still at risk of harm to self or others.

             (3)  An order for secure withdrawal management may be renewed for an additional period of up to 10 days, and this Act applies as if the renewal order were a new order.

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Renewal of orders generally

      14. (1) An order for secure withdrawal management may only be renewed once.

             (2)  An application for the renewal of a secure withdrawal management order does not affect a validly made order for secure withdrawal management which has not expired at the time the application for renewal is made.

             (3)  There is no limit to the number of applications which may be made or the number of times an order for secure withdrawal management may be granted under this Act.

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Expiration of orders

      15. An order for secure withdrawal management expires at the end of the time period referred to in it unless, before then, it is

             (a)  rescinded in accordance with section 12 ;

             (b)  renewed under section 13 ; or

             (c)  terminated

                      (i)  by a manager under a written authorization in the order for secure withdrawal management, or

                     (ii)  by decision of an appeal court under section 22 .

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Calculation of time where young person absconds

      16. Where a young person who has been detained in a facility under an order for secure withdrawal management absconds from the facility and is apprehended and returned to the facility,

             (a)  the young person may be detained for the remainder of the authorized period of secure withdrawal management to which the young person was subject when his or her absence was discovered; and

             (b)  the time during which he or she was absent from the facility shall not be calculated as detained time for the purpose of the order.

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Rights of young person

      17. (1) As soon as practicable, but no later than 12 hours after the young person arrives at a facility or an appropriate place, a manager shall advise that young person of his or her rights including the following:

             (a)  the right to contact a parent or guardian;

             (b)  the right to retain and instruct a lawyer, and a manager shall give the young person a reasonable opportunity to do so;

             (c)  the telephone number for a lawyer;

             (d)  the telephone number for the child and youth advocate;

             (e)  the right to contact a rights advisor;

             (f)  the telephone number of a rights advisor;

             (g)  the right to be advised of the reasons for the order to which the young person is subject;

             (h)  the right to be provided with the appropriate medical treatment reasonably necessary to withdraw from drugs while at a facility or an appropriate place; and

              (i)  the right to appeal the order for secure withdrawal management.

             (2)  A young person shall be provided with a copy of the order to which he or she is subject.

             (3)  Where the young person does not appear able to understand the information provided under this section at the time it is provided, the manager shall ensure that the information is repeated at the request of the young person and again as soon as the young person appears able to understand it.

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Procedural rights of detained young person

      18. (1) A young person who has been detained under a secure withdrawal management order shall not be denied

             (a)  the right to consult and instruct his or her legal counsel in private at any time either in person or by other means;

             (b)  access to a telephone to make or receive calls;

             (c)  access to his or her parents or guardians at all reasonable times;

             (d)  access to visitors during scheduled visiting hours;

             (e)  access to a rights advisor; and

             (f)  access to materials and resources necessary to write and send correspondence, including electronic correspondence, and reasonable access to correspondence that has been sent to the young person.

             (2)  The rights referred to in paragraphs (1)(b) to (f) may be subject to the reasonable limits that are prescribed in the regulations.

             (3)  A manager shall ensure that a young person is provided, at the time of admission, with an oral explanation of, and a written statement setting out, the rights referred to in subsection (1) and that a notice of those rights is prominently displayed in the facility.

             (4)  Where a young person does not understand or speak the language in which the information referred to in this section is provided, the manager shall ensure that the young person is provided with the assistance of an interpreter.

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Rights advisor

      19. (1) The minister may appoint one or more rights advisors in accordance with the regulations.

             (2)  A rights advisor shall not be a person who is

             (a)  involved in the direct care of the young person to whom the rights advice is to be given; or

             (b)  providing care and supervision in accordance with an order made under this Act.

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Functions of rights advisor

      20. (1) The rights advisor may offer advice and assistance in accordance with this Act to a young person who is the subject of an order for secure withdrawal management.

             (2)  The rights advisor shall

             (a)  meet in person or by other means as soon as possible with a young person and in any event within 24 hours of the young person’s arrival at a facility or other appropriate place or within 24 hours of a renewal of an order and meet after that at the request of the young person or as required by this Act or the regulations;

             (b)  contact a young person within 72 hours of the meeting referred to in paragraph (a) unless the young person contacts the rights advisor first;

             (c)  explain the significance of an order for secure withdrawal management or the renewal of an order for secure withdrawal management to the young person who is subject to the order;

             (d)  explain the young person's rights under this Act, including the young person's right to appeal the order to which he or she is subject;

             (e)  communicate information in a neutral, non-judgmental manner;

             (f)  maintain confidentiality;

             (g)  at the request of the young person, assist the young person in contacting the child and youth advocate;

             (h)  at the request of the young person, assist the young person in obtaining legal counsel;

              (i)  at the request of the young person, accompany the young person to court for a proceeding under this Act;

              (j)  meet with the parent or guardian of a young person who is subject to a secure withdrawal management order where so requested by the parent or guardian; and

             (k)  perform other functions prescribed by the regulations.

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Notice to rights advisor

      21. A manager shall ensure that the rights advisor is given notice  

             (a)  of an order detaining a young person in a facility;

             (b)  of the cancellation, expiration, variation or renewal of an order for secure withdrawal management and the release of a young person from a facility;

             (c)  of an appeal to the court under section 22 ;

             (d)  where a young person absconds from a facility; and

             (e)  where a young person is treated in a medical facility under section 11 .

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Appeal

      22. (1) An application to the Trial Division to appeal a decision of the court under this Act may be made by

             (a)  the young person respecting whom the order was made;

             (b)  the manager; or

             (c)  any other person, with leave of the court.

             (2)  An appeal to the court shall be heard within 2 clear days after the application to appeal is filed, or within any shorter or longer period that may be ordered by the court, taking into consideration the period of secure withdrawal management authorized in the order.

             (3)  The applicant shall give notice of the appeal to the following:

             (a)  the young person respecting whom the order was made;

             (b)  the parent or guardian of the young person;

             (c)  the manager; and

             (d)  any other person that the court requires to be given notice.

             (4)  Notice of the time and place of a hearing of an appeal shall be served not later than one day after the date for holding the hearing is obtained from the court.

             (5)  Where the court is satisfied that it is appropriate to do so, the court may dispense with notice to a person referred to in subsection (3).

             (6)  After hearing an appeal under this section, the court may make an order varying, confirming or terminating the order.

             (7)  A copy of an order made further to an appeal under this section shall be given to the persons referred to in subsection 8 (1), or otherwise as the court may direct.

             (8)  An appeal under this section does not stay the order being appealed unless the Trial Division orders otherwise.

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Manager may authorize absence

      23. (1) Where a young person has been admitted to a facility under an order for secure withdrawal management, the young person may only be absent from the facility for medical or compassionate reasons

             (a)  where his or her parent or guardian has consented to the absence; and

             (b)  where the absence has been approved by the manager.

             (2)  A copy of the authorization to be absent shall be given to the young person, and to his or her parent or guardian.

             (3)  Where an absence is authorized under subsection (1),

             (a)  the order for secure withdrawal management is unaffected and the provisions of this Act continue to apply, with the necessary changes, to a young person whose absence has been authorized under that subsection; and

             (b)  the time period for which the order for secure withdrawal management has been made is unaffected by the young person's absence.

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Release of young person

      24. (1) Where an authorized period of secure withdrawal management has expired and a renewal order has not been issued, the manager shall ensure that the young person is promptly informed that his or her status as a young person subject to a secure withdrawal management order is terminated and that he or she has the right to leave the facility, subject to a detention that is lawfully authorized under another Act.

             (2)  Where an authorized period of secure withdrawal management has expired and a renewal order has not been issued the manager of a facility shall release the young person as soon as reasonably possible,

             (a)  to the young person's parent or guardian; or

             (b)  with the consent of the young person’s parent or guardian, to another responsible adult as determined in accordance with the regulations.

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Ongoing assessment

      25. (1) Notwithstanding another provision of this Act, during a period of secure withdrawal management authorized by a secure withdrawal management order, a manager shall

             (a)  require the assessment of a young person on an ongoing basis; and

             (b)  require the assessment of the young person at the young person's request, except where an assessment has been conducted in the immediately preceding 24 hours,

in order to determine whether the criteria set out in section 13 continue to be met.

             (2)  Where, as a result of an assessment referred to in subsection (1), the manager is satisfied that the criteria referred to in section 13 do not continue to be met,

             (a)  the manager shall make an application for termination of the order; or

             (b)  where authorized to do so in the order, the manager shall release the young person, subject to this Act and a detention that is lawfully authorized under another Act.

             (3)  A copy of the authorization for release shall be given to the young person and his or her parent or guardian.

             (4)  An authorization to release shall be in writing.

             (5)  An authorization to release terminates the order only where authorized to do so under the order.

             (6)  This section applies, with the necessary changes, to new orders and renewal of secure withdrawal management orders under this Act.

2016 cS-12.3 s25

PART III
PROCEEDINGS

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Proceedings and evidence

      26. (1) A proceeding under this Act

             (a)  is civil in nature;

             (b)  may be as informal as a judge may allow; and

             (c)  shall be held in private, unless otherwise ordered by the judge.

             (2)  In a proceeding under this Act, a judge may admit and act upon

             (a)  the evidence, including hearsay, that the judge considers relevant and reliable in the circumstances;

             (b)  an oral statement which has been video-taped;

             (c)  a written statement;

             (d)  a report the judge considers relevant, including a transcript, exhibit or finding in an earlier civil or criminal proceeding; and

             (e)  evidence taken at a prior proceeding under this Act or under a similar statute.

             (3)  Unless otherwise specified in this Act, the Provincial Court Family Rules, 2007 apply to a proceeding under this Act.

2016 cS-12.3 s26

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Appearance in court

      27. A manager may appear in court in respect of a matter arising under this Act.

2016 cS-12.3 s27

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Application to be heard

      28. A person significant to a young person including that young person’s parent or guardian may apply to be heard at a proceeding under this Act.

2016 cS-12.3 s28

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Publication ban

      29. (1) A person shall not, with respect to a proceeding under this Act, publish or make public information that has the effect of identifying

             (a)  a young person who is a witness at or a participant in a proceeding or who is the subject of a proceeding;

             (b)  the young person's parent or guardian; or

             (c)  a member of the young person's family.

             (2)  A person who contravenes subsection (1) is guilty of an offence and is liable on summary conviction to a fine not exceeding $2,000.

2016 cS-12.3 s29

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Participation by young person

      30. A young person who is the subject of a proceeding under this Act is a party to that proceeding and, in addition to his or her rights as a party, where the young person requests that his or her views be known at the proceeding, a judge shall allow the young person to participate in one or more of the following ways:

             (a)  by meeting with the young person with or without the other parties and their legal counsel;

             (b)  by permitting the young person to testify at the proceeding;

             (c)  by considering written material submitted by the young person; or

             (d)  by allowing the young person to express his or her views in some other way.

2016 cS-12.3 s30

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Variation of notice requirements

      31. A judge may

             (a)  shorten the time period to serve a notice under this Act; or

             (b)  dispense with a requirement to serve notice of a proceeding under this Act.

2016 cS-12.3 s31

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Service of documents

      32. (1) Where a manager or another person is required under this Act to serve a document, service shall be made by personally serving a copy of the original document on the person to be served.

             (2)  Where it is impractical to personally serve a document on a person, the document may be served in another manner permitted by the Rules of the Supreme Court, 1986 or the Provincial Court Family Rules, 2007 .

             (3)  Personal service under subsection (1) may be proved by a written or oral statement under oath by the person who served the document.

2016 cS-12.3 s32

PART IV
GENERAL

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Care and treatment plan

      33. While a young person is detained in a facility, the manager shall

             (a)  provide the young person with the treatment, care, supervision and services that are considered appropriate in the circumstances in keeping with the purpose of this Act and the order to which the young person is subject;

             (b)  provide for ongoing assessments of the young person by a person referred to in subsection 6 (6) or the regulations made by the minister; and

             (c)  develop, in collaboration with the young person if reasonably possible, a care and treatment plan that the young person may follow after he or she is released from the facility.

2016 cS-12.3 s33

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Confidentiality of information

      34. (1) A person employed in the administration of this Act shall maintain confidentiality with respect to all matters that come to his or her knowledge in the course of that person's employment and shall not communicate the matters to another person, including a person employed by the government, except as provided in subsection (2).

             (2)  Notwithstanding subsection (1) and the Personal Health Information Act , a manager may disclose information

             (a)  to the parent or guardian of the young person or to another person, where that disclosure is, in the opinion of the manager, in the best interests of the young person to whom the information relates; or

             (b)  as otherwise authorized by the regulations.

             (3)  Subsections (1) and (2) do not preclude the release of information by a custodian in accordance with the Personal Health Information Act .

             (4)  Information released under this section shall only be used for the purpose for which it was released.

             (5)  The department or an authority as defined in the Regional Health Authorities Act is not liable for damages caused to a person as a result of the release of information under subsection (2).

2016 cS-12.3 s34

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Protection from liability

      35. A manager or other person acting under the authority of this Act is not personally liable for anything done or omitted to be done in good faith in the exercise or performance, or intended exercise or performance, of

             (a)  a power, duty or function conferred upon him or her by this Act; or

             (b)  a power, duty or function on behalf of or under the direction of a person on whom the power, duty or function is conferred by this Act,

or for the costs in connection with an action or proceeding.

2016 cS-12.3 s35

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Statutory review

      36. The minister shall, every 5 years, conduct a review of this Act and the principles on which it is based and consider the areas which may be improved.

2016 cS-12.3 s36

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Regulations

      37. The Lieutenant-Governor in Council may make regulations

             (a)  respecting secure withdrawal management orders and orders which may be made under subsection 7 (7), including governing the procedures for applying for an order, making an order and appealing an order;

             (b)  respecting the detainment of a young person and the manner of assessing that young person in order to make a determination under subsection 6 (5);

             (c)  respecting the manner in which a manager shall assess referrals where an application for secure withdrawal management may be made;

             (d)  respecting the manner in which documents may be sent to a judge under section 9 ;

             (e)  respecting the issuance and content of secure withdrawal management orders;

             (f)  respecting the authority, including the limits of authority, of peace officers in the apprehension, detainment and conveyance of young persons under this Act;

             (g)  respecting the other functions which may be performed by rights advisors under this Act;

             (h)  respecting the form and content of a written authorization to release a young person from a facility;

              (i)  respecting the manner in which a responsible adult to whom a young person may be released under section 24 is determined;

              (j)  respecting the reasonable limits on rights recognized under this Act;

             (k)  respecting the manner in which an order for secure withdrawal management or the denial or renewal of it may be appealed under this Act;

              (l)  respecting the confidentiality of information obtained under this Act, the manner in which it may be shared and with whom; and

           (m)  generally, to give effect to the purpose of this Act.

2016 cS-12.3 s37

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Regulations

      38. The minister may make regulations

             (a)  respecting a person who may conduct assessments referred to in subsection 6 (6) and that person’s required qualifications;

             (b)  respecting the medical or other facility at which a young person may be detained under the authority of section 6 ;

             (c)  designating an appropriate place for detainment of young persons under this Act; and

             (d)  designating a building or part of a building as a facility.

2016 cS-12.3 s38

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Forms

      39. The minister may set forms for the purpose and administration of this Act.

2016 cS-12.3 s39

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SNL2008 cP-7.01 Amdt.

      40. (1) Paragraph 2(1)(i) of the Personal Health Information Act is repealed and the following substituted:

              (i)  "health care facility" means a facility that provides in-patient health care, including a hospital, a psychiatric unit under the Mental Health Care and Treatment Act , a facility under the Secure Withdrawal Management Act , a personal care home, a community care home, a long-term care home or other facility designated in the regulations;

             (2)  Subsection 4(1) of the Act is amended by adding immediately after subparagraph (n) the following:

                 (n.1)  a rights advisor under the Secure Withdrawal Management Act ;

             (3)  Subsection 29(2) of the Act is amended by deleting the word "and" at the end of paragraph (b), and by adding immediately after that paragraph the following:

         (b.1)  the individual is the subject of a secure withdrawal management order under the Secure Withdrawal Management Act ; and

             (4)  Section 34 of the Act is amended by adding immediately after paragraph (n) the following:

         (n.1)  where the custodian is a person referred to in paragraph 4 (1)(n.1), for the performance of a function referred to in section 20 of the Secure Withdrawal Management Act ;

             (5)  Paragraph 37(1)(a) of the Act is amended by deleting the word "or" at the end of subparagraph (i), deleting the semi-colon at the end of subparagraph (ii) and substituting a comma and the word "or", and by adding immediately after that subparagraph the following:

                    (iii)  the individual is subject to a secure withdrawal management order under the Secure Withdrawal Management Act ; or

             (6)  Subsection 39(1) of the Act is amended by adding immediately after paragraph (g) the following:

          (g.1)  for the purpose of determining whether criteria under section 6 of the Secure Withdrawal Management Act are met;

             (7)  Subsection 40(2) of the Act is repealed and the following substituted:

             (2)  A custodian may disclose personal health information without the consent of the individual who is the subject of the information to the superintendent of a correctional facility in which the individual is lawfully detained, to the administrator of a psychiatric unit in which the individual is detained or to a manager under the Secure Withdrawal Management Act to assist the facility, unit or manager in making a decision respecting

             (a)  arrangements for the provision of health care to the individual who is the subject of the information; or

             (b)  the placement of the individual into custody, detention, secure withdrawal management, release, conditional release, discharge or conditional discharge under the Mental Health Care and Treatment Act, the Secure Withdrawal Management Act, the Prisons Act , the Young Persons Offences Act and regulations under that Act, Part XX.1 of the Criminal Code , the Prisons and Reformatories Act (Canada) and the Youth Criminal Justice Act (Canada).

             (8)  Subsection 58(4) of the Act is repealed and the following substituted:

             (4)  Notwithstanding subparagraph (2)(d)(i), an individual shall not be refused access to

             (a)  a certificate of involuntary admission or a community treatment order issued under the Mental Health Care and Treatment Act in respect of that individual; or

             (b)  a secure withdrawal management order issued under the Secure Withdrawal Management Act in respect of that individual.

2016 cS-12.3 s40

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NLR 28/07 Amdt.

      41. Section 1.02(1) of the Provincial Court Family Rules, 2007 is amended by deleting the word "and" at the end of paragraph (h), deleting the period at the end of paragraph (i) and substituting a semi-colon and the word "and", and by adding immediately after that paragraph the following:

              (j)  Secure Withdrawal Management Act .

2016 cS-12.3 s41

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Commencement

      42. This Act comes into force on a day to be proclaimed by the Lieutenant-Governor in Council.

2016 cS-12.3 s42