Oranga Tamariki Act 1989

Provisions relating to procedure in respect of proceedings under Parts 2 and 3A - Reports

181: Court may order examination to be carried out in hospital

You could also call this:

"The court can send you to hospital for a mental health check."

Illustration for Oranga Tamariki Act 1989

If you are in a court case under Part 2 of the Oranga Tamariki Act, the court can order you to go to a hospital for an examination. This can happen if two health practitioners say you need a psychiatric assessment and it can't be done outside a hospital. The court can also make this order if there are two psychiatric reports saying you should be in a hospital for observation.

The court can order you to stay in a hospital for up to five days for this examination. A Family Court Judge can extend this time for up to 14 days if needed. The examination must be done by a health practitioner who is a specialist in psychiatric care.

If the court makes this order, it gives permission for you to be taken to a hospital and kept there for the examination. The order also allows you to be returned to where you were living before you went to the hospital. A social worker or someone else authorised by the chief executive can take you to the hospital. You can learn more about who can do this by reading section 7C.

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"Getting paid for preparing a special report for court"


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182: Release of child or young person from hospital where detention no longer required, or

"When a child or young person in hospital no longer needs to be there, they can be released."

Part 3Provisions relating to procedure in respect of proceedings under Parts 2 and 3A
Reports

181Court may order examination to be carried out in hospital

  1. If, at any stage of the hearing of any proceedings under Part 2,—

  2. 2 health practitioners have certified or given evidence that a psychiatric assessment of any child of or over the age of 10 years, or of any young person to whom the proceedings relate, should be obtained, and it appears to the court that it would not be practicable for such assessment to be carried out outside a hospital; or
    1. 2 psychiatric reports (whether obtained pursuant to section 178(1) or otherwise) recommending detention of any such child or young person in a hospital for further observation are available to the court,—
      1. the court may, if it considers it expedient, make an order for the detention and examination of that child or young person in a hospital for such period, not exceeding 5 days, as the court thinks fit.

      2. Where an order is made under subsection (1), a Family Court Judge may, on application made at any time before the expiry of the period specified in the order, if the Judge is satisfied that it is necessary to detain the child or young person to whom the order relates in a hospital for longer than that period for the purpose of completing the assessment or observation of that child or young person pursuant to that order, extend the period for which that child or young person may be detained in that hospital for such period, not exceeding 14 days, as the Judge thinks fit.

      3. The examination required by an order made under subsection (1) shall be carried out by a health practitioner holding a specialist psychiatric appointment or holding vocational registration in the speciality of psychological medicine or psychiatry.

      4. An order made under subsection (1) in respect of any child or young person is sufficient authority—

      5. for the detention of the child or young person by the chief executive or any constable for the purpose of ensuring compliance with the order:
        1. for the transfer of the child or young person from a residence to a hospital:
          1. for the detention of the child or young person and examination in a hospital:
            1. for the return to any residence in which the child or young person was detained at the time of transfer to a hospital.
              1. The power to detain a child or young person may be exercised by a social worker or any other person authorised under a delegation by the chief executive to exercise that power (see section 7C).

              Compare
              • 1974 No 72 s 42A(3), (4)
              • 1977 No 126 s 13
              Notes
              • Section 181 heading: amended, on , by section 12(1) of the Children, Young Persons, and Their Families Amendment Act (No 2) 2016 (2016 No 75).
              • Section 181(1): amended, on , by section 12(3) of the Children, Young Persons, and Their Families Amendment Act (No 2) 2016 (2016 No 75).
              • Section 181(1)(a): amended, on , by section 12(2) of the Children, Young Persons, and Their Families Amendment Act (No 2) 2016 (2016 No 75).
              • Section 181(1)(a): amended, on , by section 12(3) of the Children, Young Persons, and Their Families Amendment Act (No 2) 2016 (2016 No 75).
              • Section 181(1)(b): amended, on , by section 12(3) of the Children, Young Persons, and Their Families Amendment Act (No 2) 2016 (2016 No 75).
              • Section 181(2): amended, on , by section 12(3) of the Children, Young Persons, and Their Families Amendment Act (No 2) 2016 (2016 No 75).
              • Section 181(2): amended, on , by section 137 of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).
              • Section 181(3): replaced, on , by section 143(1) of the Medical Practitioners Act 1995 (1995 No 95).
              • Section 181(3): amended, on , by section 12(4) of the Children, Young Persons, and Their Families Amendment Act (No 2) 2016 (2016 No 75).
              • Section 181(4)(a): amended, on , by section 10 of the Children, Young Persons, and Their Families (Advocacy, Workforce, and Age Settings) Amendment Act 2016 (2016 No 98).
              • Section 181(4)(a): amended, on , pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).
              • Section 181(4)(b): amended, on , by section 12(3) of the Children, Young Persons, and Their Families Amendment Act (No 2) 2016 (2016 No 75).
              • Section 181(4)(c): amended, on , by section 12(3) of the Children, Young Persons, and Their Families Amendment Act (No 2) 2016 (2016 No 75).
              • Section 181(4)(d): amended, on , by section 12(3) of the Children, Young Persons, and Their Families Amendment Act (No 2) 2016 (2016 No 75).
              • Section 181(5): inserted, on , by section 10 of the Children, Young Persons, and Their Families (Advocacy, Workforce, and Age Settings) Amendment Act 2016 (2016 No 98).