Bill 36 (Legislature 13, Session 5)

L13 S5 6056

Alberta — Bills

No. 36 5th Session, 13th Legislature, Alberta 7 Elizabeth II, 1959 BILL 36 A Bill to amend The Mental Diseases Act HON. DR. Ross PrInted by L. S. WALL, Printer to the Queen's Most Excellent Majesty, Edmonton, Alberta, 1959

Explanatory Note 2.

Part III is being added by clause 4 hereto and a necessary change made in definition of "superintendent".

Section 2(

g) reads at present: "2. In this Act, (g) "superintendent" means (

i) in

Part I, the superintendent of any hospital designated as a mental diseases hospital by the Lieutenant Governor in Council, and (Ii) in

Part II, the superintendent of a hospital of which a part has been declared a psychiatric ward.". 3. The present

section relates the hospital herein mentioned to the payment of an allowance under

section 4 'Of The Hospitals Act. That reference is no longer exact and the term "approved hospital" is being substituted.

Section 40 presently reads: "40. The Lieutenant Governor in Council may declare a part of any hospital in receipt of any allowance under

section 4 of The Hospitals Act to be a psychiatric ward .... 4. This clause adds a New

Part III creating Emotionally Dis turbed Children's Wards.

BI LL No. 36 of 1959

An Act to amend The Mental Diseases Act (Assented to , 1959) HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Alberta, enacts as follows: 1. The Mental Diseases Act, being

chapter 200 of the Revised Statutes, is hereby amended.

Section 2) clause (

g) is amended (

a) by adding at the end of subclause (ii) the word "and", (

b) by adding immediately after subclause (ii) the following: (iii) in

Part III, the superintendent of a hospital of which a part has been declared an emotion ally disturbed children's ward.

Section 40 is struck out and the following substituted: 40. The Lieutenant Governor in Council may declare to be a psychiatric ward any part of an approved hospital within the meaning of The Hospitals Act. 4. The following

Part is added immediately after sec tion 49:

PART III Emotionally Disturbed Children's Wards 50. In this Part "ward" means an emotionally dis turbed children's ward established pursuant to this Part. 51. The Lieutenant Governor in Council may declare to be an emotionally disturbed children's ward any part of an approved hospital within the meaning of The Hos pitals Act. 52.

(1) The superintendent shall supervise the ward.

(2) The superintendent may investigate the manage ment and conduct of the ward and any occurrence therein, and for the purpose of an investigation may make such inquiries as he considers necessary.

2 53. No child shall be admitted to or hospitalized in a ward otherwise than pursuant to the provisions of this Part. 54.

(1) Upon the request of a duly qualified medical practitioner or of a provincial guidance clinic psychiatrist but subject to

section 55, a child who is or who is believed to be suffering from emotional disturbance may be ad mitted to and hospitalized in a ward for treatment, if (

a) a voluntary application in writing for admission of the child is made by a parent or the guardian of the child, and (

b) the child is conveyed to the ward by a parent or guardian or some responsible person designated by a parent or the guardian.

(2) Before making a request for the admission to a ward of an emotionally disturbed child, the medical prac titioner or psychiatrist shall first obtain the consent of the superintendent supervising the ward to the admission thereto of the child.

(3) The superintendent may refuse admission to a child when there is not, in his opinion, sufficient accommodation available in the ward for the child. 55. A child shall not be admitted to or retained in a ward for treatment if the child (

a) is fourteen years of age or over, (

b) is suffering from tuberculosis or other commun icable disease, or (

c) is known to be or is obviously mentally defective. 56.

(1) A child who is hospitalized in a ward shall be forthwith discharged therefrom as soon as the child is, in the opinion of the superintendent, mental1y recovered and fit to be discharged.

(2) A child who is hospitalized in a ward shall be dis charged if the parent who made application for admission of the child to the ward, or both parents, or the guardian gives to the superintendent notice in writing requiring the discharge of the child from the ward.

(3) Where notice has been given pursuant to subsection (2) ,the child shall be discharged not later than ten days from the receipt by the superintendent of the notice. 57. A child who is duly admitted to a ward may be re strained therein by the staff and officers of the ward and the superintendent while the child is duly hospitalized in the ward. 58. Where the ward is in an approved hospital, the hospitalization of a child in the ward shall not exceed six weeks for anyone period of hospitalization, subject to

section 60.

3 59.

(1) Where the superintendent is satisfied that the mental condition of a child is such that further hospital ization in the ward is unlikely to prove beneficial for the child or is not for any other reason advisable, the super intendent may discharge the child from the ward and may, in writing, notify the parents or guardian to remove the child from the ward within such time as the superin tendent may direct.

(2) A parent or guardian who wilfully refuses to re move a child or to make adequate arrangement for the removal of a child from a ward within the time directed in the notification of the superintendent is guilty of an offence and liable on

summary conviction to a fine of fifty dollars and in default thereof to a term of imprisonment not exceeding one week. 60.

The superintendent supervising a ward may in his discretion permit any child hospitalized therein to be absent from the ward for any period not exceeding ten days, and upon receipt of satisfactory reports concerning the child may extend the period from time to time, but if the total period a child is absent from the ward pursuant to this provision exceeds six months, the child shall be discharged. 61. 'Vith the consent of the parent who made applica tion for admission of the child to the ward or both parents or the guardian, of the child, the superintendent may ar range for the transfer of the child from a ward to a mental diseases hospital under The Mental Diseases Act. 62.

The Lieutenant Governor in Council may make such regulations as are necessary to carry out the intent of this Part. 5. This Act comes into force on the first day of April, 1959.

No. 36 FIFTH SESSION THIRTEENTH LEGISLATURE 7 ELIZABETH II 1959 BILL

An Act to amend The Mental Diseases Act Received and read the First time ......................................... . Second time ....................................... . Third time ..... HON. DR. Ross Title: 1959 (13th, 5th) Bill 36,

An Act to amend The Mental Diseases Act

Document details

Collection	Alberta — Bills
Citation	L13 S5 6056
Type	bill
Volume / chapter	L13 S5 6056
Language	en
Format	json
Source	PROVINCIAL
Identifier	e74ba68c453f7a37317414b82dce57ba3253dcba

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