Dr. Nathan Scharf

The applicant, a 12-year-old child, applied to the Child and Family Services Review Board to review her emergency admission to a secure treatment program.

The respondent facility argued that the admission was justified due to the child's history of behavioural difficulties and threats of self-harm.

The Board found that the respondent failed to establish that the child had a mental disorder at the time of admission, as required by subsection 171(2) of the Child, Youth and Family Services Act.

The evidence provided was largely historical, hearsay, or from professionals who had not assessed the child at the time of admission.

Consequently, the Board granted the application and ordered the child's release.

The Children's Aid Society sought a secure treatment order for a 15-year-old child with Autism Spectrum Disorder, Oppositional Defiant Disorder, and Obsessive-Compulsive Disorder.

The child had a history of aggressive behaviour and multiple failed placements.

The court found all six statutory criteria under section 164(1) of the Child, Youth and Family Services Act, 2017 were met and committed the child to a 180-day secure treatment program at Syl Apps Youth Centre.

The decision is notable for the court's serious concerns about the child's prior placement at Reflections, where the child was confined to a basement apartment for nearly three months without access to fresh air or outdoor activity.