Rights of mother suffering from mental illness and Child Custody - MHCA 2017, Sec 21 (2)

Описание к видео Rights of mother suffering from mental illness and Child Custody - MHCA 2017, Sec 21 (2)

Mental Healthcare Act, 2017, Sec 21 (2) states that a child under the age of three years of a woman receiving care, treatment or rehabilitation at a mental health establishment shall ordinarily not be separated from her during her stay in such establishment: Provided that where the treating Psychiatrist, based on his examination of the woman, and if appropriate, on information provided by others, is of the opinion that there is risk of
harm to the child from the woman due to her mental illness or it is in the interest and safety of the child, the child shall be temporarily separated from the woman during her stay at the mental health establishment: Provided further that the woman shall continue to have access to the child under such supervision of the staff of the establishment or her family, as may be appropriate, during the period of separation.(3) The decision to separate the woman from her child shall be reviewed every fifteen days during the woman's stay in the mental health establishment and separation shall be terminated as soon as conditions which required the separation no longer exist: Provided that any separation permitted as per the assessment of a mental health professional if it exceeds thirty days at a stretch, shall be required to be approved by the respective Authority.


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Refer the Juvenile Justice Act 2015 and Adoption Regulations 2017




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