I’m under 16 and in a psychiatric facility. What are my rights?
Question & AnswerI’m under 16 and in a psychiatric facility. What are my rights?
3. Go to your hearing
The Consent and Capacity Board (CCB) sets a date and time for a hearing. Usually it takes place within one week of when you submit your application. It happens at a place that suits you and your doctor. If you’re a patient in a facility, the hearing will likely take place at the facility.
A hearing is like going to court. The person in charge of the hearing is called the presiding member. The presiding member is a lawyer. There may also be up to 4 more Board members to help make the decision. The hearing usually takes one morning or one afternoon.
You and the other people involved will get to tell the presiding member and other Board members what you want and why you want it.
You and your doctor can both get other people to be witnesses at your hearing. You and your doctor can ask them questions in front of the Board members. The answers should help show the Board members why you should get what you’re asking for.
The Board may ask the witnesses to swear an oath to tell the truth, but usually do not require this. Board members may ask the witnesses questions.
You can also present any evidence you have to the Board members. Usually, you must give the doctor any evidence you plan to use at least 15 minutes before the hearing starts.
Before the end of the hearing and for up to 30 days after the hearing, you can ask the Board members to give you written reasons for their decision in writing.
A hearing is an important event. You should prepare for it seriously. It’s usually best to have a lawyer help you. To speak with a lawyer for free advice, contact Justice for Children and Youth at 1-866-999-5329 or at www.jfcy.org.
Because of COVID-19, the Consent and Capacity Board (CCB) has changed some of its processes. For example, the way it receives documents, holds hearings, and the deadline to get evidence.
All CCB hearings take place by teleconference now. You must also give the Board and the other people involved in your hearing any evidence you plan to use. You must do this no later than the day before the hearing.
You have to send your application and all documents related to a hearing to the CCB only by:
- email to email@example.com, or
- fax to 1-866-777-7273.
For more information, visit the CCB website.