2 total
Secure treatment order set aside as statutory criteria for recent attempt of serious bodily harm unmet.
The appellant appealed a trial judge's order committing a youth to a secure treatment program for 180 days under the Child, Youth and Family Services Act.
The trial judge found that the youth had attempted to cause serious bodily harm within the preceding 45 days based on a threat to jump off a bridge, ingestion of an unidentified quantity of methamphetamine, and an involuntary hospital admission for suicidal ideation.
The Divisional Court allowed the appeal, finding that the trial judge erred in law because the incidents amounted to mere threats or lacked evidence of actual harm or risk of serious bodily harm.
The secure treatment order was set aside.
The court ordered a youth committed to a secure treatment program for 180 days.
The Children's Aid Society applied under s. 161 of the Child, Youth and Family Services Act, 2017, to commit the child, A.R.P., to a secure treatment program for 180 days due to severe mental health issues, high-risk behaviours, and a history of self-harm and substance abuse.
The child, represented by the Office of the Children's Lawyer, opposed the application.
The court found that all six criteria under s. 164(1) of the CYFSA were met, including the child suffering from a mental disorder (FASD, intellectual disability, borderline personality disorder), having caused or attempted serious bodily harm within 45 days and 12 months of the application, and that the proposed secure treatment program was effective, appropriate, and the least restrictive option given the child's complex needs and lack of success with less restrictive alternatives.
