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.