Office of the Children's Lawyer

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

The Board excluded hearsay medical documents authored by the admitting psychiatrist, citing procedural fairness.

Upon reviewing the evidence, the Board found that Youthdale failed to establish on a balance of probabilities that the child had a mental disorder at the time of admission, as required by s. 124(2)(a) of the Child and Family Services Act.

The Board concluded the child's behaviours were an expected reaction to recent trauma and apprehension, rather than a substantial disorder of emotional processes.

The application was granted and the child was released.

The applicant child sought a review of his admission to a secure treatment program by the respondent treatment centre.

The child had a history of running away from foster placements and engaging in self-harm.

The Board refused to admit hearsay medical documents tendered by the respondent, as the admitting psychiatrist was not available for cross-examination.

The Board found that the respondent failed to establish on a balance of probabilities that the child had a mental disorder at the time of admission, as required by section 124(2)(a) of the Child and Family Services Act.

Consequently, the Board ordered the child's release.