Mental Health of Children

The rules for admission and discharge of a child or minor (below 18 years of age) are different from those of adults. In case a child requires admission in a mental health establishment, the nominated representative should apply to the mental health professional in charge of the establishment for the child’s admission¹.

Criteria for Admission

The professional in charge may admit the child to the mental health establishment if² two health professionals, one of whom is a psychiatrist, have independently examined them in the last seven days. Both the professionals must independently conclude that:

• The child has a mental illness severe enough to require admission
• The admission will be in the best interests of the health, safety and wellbeing of the child
•  Admission is required to satisfy the child’s healthcare need
• All community-based alternatives to admission are unsuitable to the child’s needs

Provisions for Stay

Certain conditions need to be fulfilled, under the law, when a child is admitted at an establishment. These conditions are:

• To accommodate the child separately from adults³
• The child’s environment must consider their age and developmental needs³
• The child’s environment should of the same quality as other hospitals where children are admitted for other medical treatment³
• The nominated representative/an attendant appointed by the nominated representative must stay with the child in the establishment for the entire duration of their stay⁴. For girls, the nominated representative must appoint a female attendant who will stay with her, if the nominated representative is male.⁵.

Treatment

The nominated representative should give informed consent for any treatment given to a child. In other words, permission must given after complete knowledge of the treatment and its consequences⁶.

Discharge

The mental healthcare establishment should discharge the child, if the child’s nominated representative does not support admission or requests discharge.⁷.

1. Section 87(2),  the Mental Healthcare Act, 2017 [↩]
2. Section 87(3),  the Mental Healthcare Act, 2017 [↩]
3. Section 87(4),  the Mental Healthcare Act, 2017 [↩][↩][↩]
4. Section 87(5),  the Mental Healthcare Act, 2017 [↩]
5. Section 87(6),  the Mental Healthcare Act, 2017 [↩]
6. Section 87(7),  the Mental Healthcare Act, 2017 [↩]
7. Section 87(8),  the Mental Healthcare Act, 2017 [↩]