Fourth Session, Thirty-Eighth Legislature
This version is based on the printed bill that was distributed in the Legislature after First Reading. It is not the official version. If accuracy is critical, you can obtain a copy of the printed bill from Statutory Publications.
THE YOUTH DRUG STABILIZATION (SUPPORT FOR PARENTS) ACT
|Table of Contents||Explanatory Note|
(Assented to )
HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:
The following definitions apply in this Act.
"addictions specialist" means a person who has the qualifications set out in the regulations and who is
(a) a physician;
(b) registered as a psychologist under The Psychologists Registration Act;
(c) registered as a registered nurse under The Registered Nurses Act;
(d) registered as a registered psychiatric nurse under The Registered Psychiatric Nurses Act;
(e) registered or eligible to be registered under The Manitoba Institute of Registered Social Workers Incorporation Act; or
(f) a member of a class of persons designated in the regulations. (« spécialiste en toxicomanie »)
"alcohol" means liquor as defined in The Liquor Control Act. (« alcool »)
(a) alcohol; or
(b) a substance, other than a tobacco product,
(i) whose use is controlled by law, or
(ii) that is used by a youth in a manner that is not intended by the manufacturer of the substance. (« drogue »)
"guardian" means a guardian as defined in The Child and Family Services Act. (« tuteur »)
"minister" means the minister appointed by the Lieutenant Governor in Council to administer this Act. (« ministre »)
"parent", in relation to a youth, means
(a) his or her biological or adoptive mother or father; or
(b) a person with whom the youth lives and who stands in the place of his or her biological or adoptive mother or father. (« parent »)
"stabilization facility" means a building or part of a building designated by the minister as a stabilization facility. (« établissement de stabilisation »)
"stabilize", in relation to a youth, means to support the youth during a drug-free period in a safe and secure environment to allow the youth to decide, while not under the acute influence of drugs, whether to accept treatment for drug abuse. (« stabiliser »)
"youth" means a person under 18 years of age. (« mineur »)
A youth's parent or guardian may apply to a justice for an order to apprehend the youth if the parent or guardian reasonably believes that the youth
(a) is abusing one or more drugs severely and persistently and, as a result, is likely to deteriorate substantially, either physically or psychologically;
(b) should be assessed by an addictions specialist to determine whether the youth should be detained at a stabilization facility to be stabilized; and
(c) has consistently refused to agree to a voluntary assessment, or has had one or more unsuccessful interventions to address his or her drug abuse.
The application may be made without notice to the youth who is to be apprehended.
The application must be in writing, under oath and in a form approved by the minister.
Subject to the regulations, the applicant may submit the application to the justice in person, or, if appearing personally is not reasonably possible, by telephone and fax.
Evidence in support of the application must be given under oath.
Applications by telephone and fax
An applicant who submits an application by telephone and fax must
(a) have the application and any other documents used in evidence in his or her possession while speaking with the justice on the telephone;
(b) communicate the contents of the application and other documents to the justice by telephone or fax in a manner satisfactory to the justice; and
(c) send the application and other documents to the justice promptly in the manner prescribed in the regulations.
Evidence received by telephone
The justice may administer an oath to a person and receive the person's evidence by telephone if the oath and evidence are recorded word for word.
Justice need not wait for documents
The justice who hears the application need not wait for the documents to be sent under clause (1)(c) before deciding whether to make the order.
If the justice is satisfied that there are reasonable grounds to believe that the youth's circumstances are as set out in clauses 2(1)(a) to (c), the justice may order that the youth
(a) be apprehended; and
(b) be taken to a specified stabilization facility and detained there until a stabilization order is made or the youth is released under section 9.
Peace officer's authority re order
An order under this section
(a) may be directed to one or more peace officers of the area in which the justice has jurisdiction; and
(b) is authority for a peace officer to apprehend the youth named in the order and to take him or her to the stabilization facility specified in the order for an assessment under section 7.
A peace officer may take any reasonable measures when acting under this section, including entering any premises to apprehend the youth.
Peace officer's duties re order
A peace officer to whom an order is directed has the following duties:
1. The peace officer must take reasonable steps to locate and apprehend the youth named in the order and must take him or her to the specified stabilization facility as soon as reasonably possible.
2. When the peace officer apprehends the youth, the officer must promptly
(a) inform the youth
(i) of the reason for the apprehension and where he or she is being taken, and
(ii) that he or she has the right to retain and instruct a lawyer; and
(b) give the youth a copy of the order, if he or she requests it.
3. If the youth wants to exercise the right to retain and instruct a lawyer, the peace officer must give the youth a reasonable opportunity to do so, unless that would delay taking the youth to the stabilization facility.
4. Upon delivering the youth to the stabilization facility, the peace officer must give a copy of the order to a responsible person at the facility and tell the person whether the youth was given a reasonable opportunity to retain and instruct a lawyer.
Facility must let youth exercise right to counsel
As soon as reasonably possible after arrival, the stabilization facility must tell the youth that he or she has the right to retain and instruct a lawyer and give the youth a reasonable opportunity to do so
(a) if the youth was not given a reasonable opportunity while he or she was under apprehension by the peace officer; or
(b) if an addictions specialist at the facility believes that, before arriving there, the youth was not able to understand his or her right to retain and instruct a lawyer, or to exercise that right.
Expiry of order when youth is not apprehended
An apprehension order expires at the end of the 30th day after the day it is made, unless the youth is apprehended before then.
Expiry of order when youth is apprehended
If the youth is apprehended, the apprehension order expires when a stabilization order is issued under subsection 7(2) or the youth is released from the stabilization facility under section 9, whichever occurs first.
Assessment as soon as reasonably possible
An addictions specialist must assess the youth as soon as reasonably possible after the youth arrives at the stabilization facility.
After the assessment, but no later than 24 hours after the youth's arrival, the specialist may issue a stabilization order to detain the youth in the facility, if the specialist is satisfied that
(a) the youth
(i) is abusing one or more drugs severely and persistently and, as a result, is unable to fully understand and make a decision about the need to be treated for the drug abuse, and
(ii) is not likely to be stabilized if he or she is not detained; and
(b) it is in the youth's best interests to be detained and stabilized.
Assessment by second addictions specialist
If the stabilization order is issued, the youth must be assessed by a second addictions specialist who must consider whether the criteria set out in clauses (2)(a) and (b) are met. This assessment must be made within 24 hours after the youth's arrival at the facility if reasonably possible, but no later than 48 hours after the youth's arrival.
Order must be confirmed or youth released
After completing the assessment, the second specialist must do one of the following:
(a) if he or she is satisfied that the criteria set out in clauses (2)(a) and (b) are met, confirm the order within 48 hours after the youth's arrival at the facility;
(b) otherwise, promptly prepare a written authorization to release the youth from the facility, give the authorization to a responsible person at the facility and give a copy to the youth.
Failing to do second assessment
The stabilization order expires 48 hours after the youth's arrival at the facility, unless it is confirmed or terminated before then.
The addictions specialist who issues a stabilization order must state in it the facts on which his or her opinion is based and must sign it. The specialist who confirms the order must add to the order a statement of any different facts on which his or her opinion is based and must sign the order.
The addictions specialist who confirms the stabilization order must then give the order to a responsible person at the stabilization facility, and give a copy to the youth.
Youth must be informed of right to a review
The addictions specialist who confirms the stabilization order must inform the youth that he or she may request that it be reviewed.
Addictions specialist may authorize release
The addictions specialist who issued or confirmed a stabilization order may at any time, in writing, authorize the youth's release from the stabilization facility if
(a) a treatment plan has been developed in accordance with section 10 and the specialist is satisfied that the youth has decided, while not under the acute influence of drugs, whether or not to follow the treatment plan; or
(b) the specialist is satisfied that it is no longer in the youth's best interests to be detained in the facility.
Authorization must be given to facility and youth
The addictions specialist must give the authorization to a responsible person at the facility, and give a copy to the youth.
Authorization terminates stabilization order
An authorization to release prepared under this section or subsection 7(4) terminates the stabilization order when it is given to the responsible person at the facility.
Order expires after seven days
A stabilization order expires at the end of the seventh day after the day it is issued under subsection 7(2) unless, before then,
(a) it expires under subsection 7(5); or
(b) it is terminated by a written authorization to release the youth, or by a decision of a review panel under section 17.
Notice of termination of order
When a stabilization order expires or is terminated under this Act, the stabilization facility must promptly inform the parent or guardian on whose application the apprehension order was made.
If a stabilization order is not made under subsection 7(2) or when a stabilization order expires or is terminated under this Act, the stabilization facility must release the youth, as soon as reasonably possible,
(a) to the youth's parent or guardian; or
(b) to another responsible adult, if the facility is unable to reach the youth's parent or guardian or the parent or guardian is unable or unwilling to take charge of the youth.
DEVELOPING A TREATMENT PLAN
While the youth is detained in the stabilization facility, the facility must
(a) provide the youth with any stabilization services that the addictions specialists who assessed the youth consider appropriate;
(b) continue to assess the youth; and
(c) develop, in collaboration with the youth if reasonably possible, a treatment plan that the youth may agree to follow after he or she is released from the facility.
REVIEWING A STABILIZATION ORDER
The minister must appoint a roster of addictions specialists and lawyers as reviewing officers to review stabilization orders.
The minister, or a person designated by the minister, must appoint a co-ordinator for the purposes of this Act.
Request to terminate stabilization order
A youth who is detained under a stabilization order may make a request to the co-ordinator that the order be terminated. The request may be made orally or in writing.
Naming a panel and notifying facility
Without delay after receiving the youth's request, the co-ordinator must
(a) from the roster of reviewing officers name a review panel consisting of an addictions specialist and a lawyer; and
(b) notify the stabilization facility of the request.
Hearing and inquiries by review panel
As soon as reasonably possible after being named by the co-ordinator, the review panel
(a) must hold a hearing at the stabilization facility; and
(b) may make any other inquiries it considers necessary;
to decide whether the stabilization order should be terminated.
Youth may be present and provide information
The panel must ensure that the youth is given
(a) full and timely access to any information that the panel is provided with or obtains, including a reasonable opportunity to be present when the panel interviews any person as part of its inquiries; and
(b) a reasonable opportunity at the hearing to provide information about the case, personally or through other people.
Matters to be considered by review panel
In deciding whether the stabilization order should be terminated, the review panel must consider
(a) the stabilization order and the assessments upon which it is based;
(b) the requirements for issuing a stabilization order;
(c) the information provided by the youth and others at the hearing; and
(d) any information the panel obtains from its own inquiries.
Access to material to be reviewed
The stabilization facility must
(a) give the review panel access to the stabilization order, the assessments and any other information it has about the youth that the panel requests; and
(b) give the youth timely access to the same documents and information.
The members of a review panel have the powers and protections of commissioners under Part V of The Manitoba Evidence Act.
At the youth's request, another person may be present when the youth communicates with the co-ordinator or the review panel, and that person may communicate with the co-ordinator or review panel on the youth's behalf.
Review panel may determine procedure
Subject to subsection (2) and the regulations, the review panel may determine its own procedure.
Hearing to be private, informal and non-disruptive
Proceedings at a review hearing must be
(a) held in private; and
(b) conducted informally and expeditiously, and in the manner that the review panel considers will cause the least disruption to the stabilization services the youth is receiving, while still allowing for a full and fair review.
After completing its review, the review panel
(a) must terminate the stabilization order if either of the reviewing officers is satisfied that the order is unwarranted; or
(b) must not terminate the order if both reviewing officers are satisfied that the order is warranted.
The review panel's decision must be in writing and must state the reasons for the decision. The review panel must give the decision to the co-ordinator promptly after making it.
Communication of decision to youth and facility
Promptly after receiving the review panel's decision, the co-ordinator must give one copy of it to the youth and another to the stabilization facility.
Review does not operate as a stay of order
The youth's request to terminate the stabilization order does not stay the effect of the order. The youth must continue to receive stabilization services while the order is being reviewed.
Nothing in this Act prevents a person from applying for an order for the involuntary medical examination of a youth under Part 3 of The Mental Health Act.
Subject to subsection (2), personal health information collected or maintained for the purposes of this Act must be collected, used, disclosed, retained and destroyed in accordance with The Personal Health Information Act.
If personal health information collected for the purposes of this Act is contained in a clinical record under The Mental Health Act, the personal health information must be used or disclosed only in accordance with that Act.
The Freedom of Information and Protection of Privacy Act does not apply to information or records prepared, maintained or disclosed for the purpose of this Act.
No action or proceeding may be brought against an addictions specialist, the co-ordinator, a reviewing officer or any other person acting under the authority of this Act for anything done or not done, or for any neglect,
(a) in the performance or intended performance of a duty under this Act; or
(b) in the exercise or intended exercise of a power under this Act;
unless the person was acting in bad faith.
The Lieutenant Governor in Council may make regulations
(a) respecting the qualifications that a person must have to be eligible to be an addictions specialist for the purposes of this Act;
(b) designating classes of persons for the purposes of clause (f) of the definition "addictions specialist" in section 1;
(c) respecting apprehension orders, including, but not limited to, governing the procedures for applying for an order and making an order;
(d) respecting the issuance and content of stabilization orders;
(e) respecting the form and content of a written authorization to release a youth from a stabilization facility;
(f) governing the review of stabilization orders;
(g) respecting any other matter the Lieutenant Governor in Council considers necessary or advisable to carry out the intent of this Act.
Regulations designating stabilization facilities
The minister may make regulations designating a building or part of a building as a stabilization facility.
This Act may be referred to as Chapter Y50 of the Continuing Consolidation of the Statutes of Manitoba.
This Act comes into force on a day to be fixed by proclamation.