The applicant, a psychiatrist, sought an order to commit a 17-year-old youth, J.P., to a secure treatment program for 180 days under the Child, Youth and Family Services Act.
The application was opposed by the Family & Children’s Services and the Office of the Children’s Lawyer representing J.P. The court dismissed the application, finding that while J.P. had a mental disorder and a history of substantial threats, the strict statutory criterion requiring evidence of serious bodily harm caused or attempted within 45 days immediately preceding the application was not met.
The court emphasized that secure treatment is an extraordinary measure with significant liberty interests at stake, and the "best interests" of the child, while paramount in general child protection proceedings, is not the test for committal to secure treatment.
