Mr. Diego Castillo Goncalves:

I thank the Senator for his question. We very much welcome the provision of a third category of admission for children who are aged 16 and over and who lack capacity but who do not fulfil the criteria for involuntary detention. Regarding the category of intermediate persons, we note that the definition that applies to children in the general scheme currently is one which means that a child who lacks capacity to consent to his or her admission but has been admitted with the consent of his or her parents or parents acting in loco parentis. This means that the child does not have the capacity to consent and does not actually fulfil the criteria for detention.

That means the child is not going to be detained, but will have the same review mechanisms and protections that are afforded to those who are in voluntary detention. This will mean, for instance, that a child who is admitted as an intermediary person could leave the approved inpatient facility at any stage, subject to the agreement of his or her parents or guardians in this respect.

We note that a number of stakeholders, such as the former special rapporteur on child protection, have previously recommended provision for a category of intermediary person for children admitted on the basis of parental consent. We also note that when they made those recommendations, they did not put an age limit on them, as is currently provided for in the heads of the Bill. We are of the view that serious consideration needs to be given to applying the category of intermediary person to children who are under 16 and who are admitted on the basis of parental consent. I hope that answers the Senator's question.