Youth Drug Detoxification and Stabilization Regulations, Y-1.1 Reg 1

1 YOUTH DETOXIFICATION AND STABILIZATION Y-1.1 REG 1 The Youth Drug Detoxification and Stabilization Regulations being Chapter Y-1.1 Reg 1 (effective April 1, 2006) as amended by Saskatchewan Regulations 15/2016 and 117/2017. NOTE: This consolidation is not official. Amendments have been incorporated for convenience of reference and the original statutes and regulations should be consulted for all purposes of interpretation and application of the law. In order to preserve the integrity of the original statutes and regulations, errors that may have appeared are reproduced in this consolidation. 2 Y-1.1 REG 1 YOUTH DETOXIFICATION AND STABILIZATION Table of Contents 1 Title Appendix 2 Interpretation Form A Information 3 Right to be informed Form B Warrant to Apprehend 4 Official representatives – duties Form C Community Order 5 Matters respecting the review panel and hearings Form D Notice that a Community Order is No Longer in Effect 5.1 Disclosure re common or integrated agreement Form E Detoxification Order 6 Repealed Form F Termination of Community Order or Detoxification Order 7 Forms prescribed Form G Notification that a Detoxification Order has Expired 8 Coming into force Form H Notice of Community Order or Detoxification Order Form I Appeal to Review Panel 3 YOUTH DETOXIFICATION AND STABILIZATION Y-1.1 REG 1 CHAPTER Y-1.1 REG 1 The Youth Drug Detoxification and Stabilization Act Title 1 These regulations may be cited as The Youth Drug Detoxification and Stabilization Regulations. Interpretation 2 In these regulations: (a) “Act” means The Youth Drug Detoxification and Stabilization Act; (b) “Form” means a Form as set out in the Appendix to these regulations; (c) “review panel” means the review panel appointed by the minister to hear appeals of: (i) detoxification orders with respect to the applicable detoxification facility; or (ii) community orders with respect to the applicable community. 31 Mar 2006 cY-1.1 Reg 1 s2; 24 Nov 2017 SR 117/2017 s3. Right to be informed 3(1) Any person who apprehends a youth pursuant to a warrant issued pursuant to section 7 of the Act shall cause that youth to be informed promptly of the reasons for the apprehension. (2) Immediately following an examination pursuant to section 7, the physician who conducted the examination must immediately contact an official representative appointed to assist assessed youths for the applicable detoxification facility to inform the official representative that an examination of a youth has been conducted. (3) On being contacted pursuant to subsection (2), the official representative must immediately contact the youth who has been examined. (4) The physicians who issue a community order pursuant to section 11 of the Act or a detoxification order pursuant to section 12 of the Act must provide the assessed youth who is the subject of the order with a copy of the community order or detoxification order, as the case may be. 31 Mar 2006 cY-1.1 Reg 1 s3; 24 Nov 2017 SR 117/2017 s4. 4 Y-1.1 REG 1 YOUTH DETOXIFICATION AND STABILIZATION Official representatives – duties 4 An official representative must perform the following duties: (a) on being notified that an assessed youth has been made subject to a community order or detoxification order, the official representative shall: (i) contact the assessed youth as soon as is practicable by telephone or any other means that the official representative considers appropriate and advise the assessed youth of his or her rights pursuant to the Act; and (ii) advise the assessed youth concerning the official representative’s rights and obligations in relation to the Act; (b) for the purposes of clause 13(3)(c) of the Act, the official representative shall do the following: (i) subject to subclause (ii), with the consent and on the instructions of the assessed youth: (A) file an appeal in Form I with the appropriate review panel; (B) for the purposes of the appeal, make any inquiries the official representative considers necessary respecting information and documents that are related to the community order or detoxification order; (C) accompany the assessed youth to a hearing of the review panel and provide counsel and representation on behalf of the assessed youth at the hearing; (D) if the assessed youth is not satisfied with the decision of the review panel, assist the assessed youth in making any appeal to the Court of Queen’s Bench or any further appeal; (E) generally assist the assessed youth to remain informed during the appeal process; (ii) if the assessed youth informs the official representative that the assessed youth does not want the official representative to act on the assessed youth’s behalf in relation to the appeal, the official representative shall assist the assessed youth in obtaining counsel or legal representation. 31 Mar 2006 cY-1.1 Reg 1 s4; 24 Nov 2017 SR 117/2017 s5. Matters respecting the review panel and hearings 5(1) If an appeal has been initiated pursuant to section 15 of the Act, the review panel shall: (a) provide the assessed youth, the official representative and the parents of the assessed youth with written notice of the time and place for hearing the appeal; 5 YOUTH DETOXIFICATION AND STABILIZATION Y-1.1 REG 1 (b) make every reasonable effort to provide notice of the time and place of the hearing to: (i) if the assessed youth is detained in a detoxification facility pursuant to a detoxification order, the person in charge of the detoxification facility; or (ii) the physicians who issued the community order or the detoxification order; (c) admit to the hearing those persons who, in the chairperson’s opinion, have a legitimate interest in the hearing; (d) exclude from the hearing those persons who, in the chairperson’s opinion, do not have a legitimate interest in the hearing; and (e) cause all evidence at the hearing to be under oath or affirmation administered by a member of the review panel. (2) In determining who is to be present at a hearing, the review panel shall consider the following: (a) the wishes of the assessed youth; and (b) the confidential and sensitive nature of the evidence that may be admitted and considered. (3) Notwithstanding the legal and technical rules of evidence, the review panel may admit and consider any evidence that it considers relevant. (4) The review panel shall cause all records of the proceedings of a hearing to be retained at the offices of the chairperson of the review panel for at least one year after the proceedings terminated. (5) While the chairperson of the review panel holds office as the chairperson, the chairperson is the custodian of the records of the review panel. (6) When the chairperson ceases to hold office, the chairperson shall promptly transfer to the new chairperson all documents, records and files of the review panel that were retained by the chairperson, including those records respecting hearings that are required to be maintained pursuant to this section. (7) Unless required to do so by law, a member of a review panel shall not disclose information obtained in the course of serving as a member of a review panel for any purpose other than performing the duties and responsibilities of a review panel prescribed in the Act or these regulations. 31 Mar 2006 cY-1.1 Reg 1 s5. Disclosure re common or integrated agreement 5.1 For the purposes of clause 18(3)(k) of the Act, personal information may be disclosed in accordance with an information sharing agreement entered into pursuant to The Health Information Protection Regulations to a party involved in delivering a common or integrated service as defined in those regulations for the purposes of assessing, planning or delivering the common or integrated service. 4 Mar 2016 SR 15/2016 s2. 6 Repealed. 24 Nov 2017 SR 117/2017 s6. 6 Y-1.1 REG 1 YOUTH DETOXIFICATION AND STABILIZATION Forms prescribed 7 The following Forms are prescribed for the purposes of the Act: (a) an information for the purposes of section 7 of the Act is to be in Form A; (b) a warrant to apprehend for the purposes of section 7 of the Act is to be in Form B; (c) a community order for the purposes of section 11 of the Act is to be in Form C; (d) a notice that a community order is no longer in effect for the purpose of subsection 11(9) of the Act is to be in Form D; (e) a detoxification order for the purposes of section 12 of the Act is to be in Form E; (f) a termination of a community order or detoxification order for the purposes of subsection 11(7) or 12(6) of the Act is to be in Form F; (g) a notice that a detoxification order has expired or been terminated for the purposes of subsection 12(7) of the Act is to be in Form G; (h) a notice of a community order or detoxification order for the purposes of section 13 of the Act is to be in Form H; (i) an appeal to a review panel for the purposes of section 15 of the Act is to be in Form I. 31 Mar 2006 cY-1.1 Reg 1 s7. Coming into force 8(1) Subject to subsection (2), these regulations come into force on the day on which section 1 of The Youth Drug Detoxification and Stabilization Act comes into force. (2) If section 1 of The Youth Drug Detoxification and Stabilization Act comes into force before these regulations are filed with the Registrar of Regulations, these regulations come into force on the day on which they are filed with the Registrar of Regulations. 31 Mar 2006 cY-1.1 Reg 1 s8. 7 YOUTH DETOXIFICATION AND STABILIZATION Y-1.1 REG 1 Appendix FORM A Information [Section 7 of The Youth Drug Detoxification and Stabilization Act] [Clause 7(a)] CANADA PROVINCE OF SASKATCHEWAN This is the Information of _______________________________________________________ (informant’s name) of _____________________________________________________________________________ (address in full) The informant says that he or she is an approved applicant within the meaning of The Youth Drug Detoxification and Stabilization Act by reason of the fact that the informant is: (a) a parent of the youth named in this Information; (b) a youth worker; or (c) a person with whom the youth named in this Information has a close personal relationship. AND THE INFORMANT further says that: ______________________________________ (name of youth) of _____________________________________________________________________________ (address in full) (“the youth”) refuses to submit to a drug abuse assessment and the informant has reasonable grounds to believe and does believe that the youth: (a) is suffering from severe drug addiction or drug abuse based on the following reasons: ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ (b) is at risk of serious harm or danger to himself or herself or another person based on the following reasons: ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ 8 Y-1.1 REG 1 YOUTH DETOXIFICATION AND STABILIZATION (c) is in need of detainment to ensure his or her safety or the safety of another person or to facilitate the youth’s detoxification and stabilization based on the following reasons: ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ (d) should be examined by a physician to determine whether or not the youth should be admitted to a detoxification facility or receive detoxification and stabilization services based on the following reasons: ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ AND THE INFORMANT further says that the youth is a beneficiary within the meaning of The Saskatchewan Medical Care Insurance Act by reason of the fact that the youth is a resident of Saskatchewan; _____________________________________________ (Signature of informant) SWORN or affirmed before me this ___ day of _________, 20 ___, at _______________ . _____________________________________________ Judge of the Provincial Court of Saskatchewan 9 YOUTH DETOXIFICATION AND STABILIZATION Y-1.1 REG 1 FORM B Warrant to Apprehend [Section 7 of The Youth Drug Detoxification and Stabilization Act] [Clause 7(b)] CANADA PROVINCE OF SASKATCHEWAN To all or any police officers in Saskatchewan or to _________________________________ (name of approved applicant directed to execute warrant) WHEREAS, an Information has been laid before me, the undersigned, a Judge of the Provincial Court of Saskatchewan, that: __________________________________________________________________________ (name in full of youth who is the subject of this warrant) of _____________________________________________________________________________ (address in full) (“the youth”) should be examined by a physician to determine whether he or she should be admitted to a detoxification facility or receive detoxification and stabilization services pursuant to The Youth Drug Detoxification and Stabilization Act. AND WHEREAS I have made sufficient inquiry to satisfy myself that the youth: (a) is suffering from severe drug addiction or drug abuse; (b) is at risk of serious harm or danger to himself or herself or to another person; (c) is in need of detainment to ensure his or her safety or the safety of another person or to facilitate the youth’s detoxification and stabilization; and (d) should be examined by a physician to determine whether or not the youth should be admitted to a detoxification facility or receive detoxification and stabilization services. AND WHEREAS I am satisfied that the youth should be examined by a physician to determine whether or not the youth should be admitted to a detoxification facility or to receive detoxification and stabilization services, for the following reasons: _______________________________________________________________________________ _______________________________________________________________________________ _______________________________________________________________________________ _______________________________________________________________________________ AND WHEREAS I have made arrangements with _______________________________ , (name of physician) in order that an examination and assessment of the youth may be made, 10 Y-1.1 REG 1 YOUTH DETOXIFICATION AND STABILIZATION THIS IS TO COMMAND you to immediately apprehend the youth and take the youth to the physician where you shall cause the youth to be detained until examined by the physician. AND THIS WARRANT is sufficient authority for what is to be done by the police officers and the physician. Dated this ______ day of ___________________ , ________, at _______________________ in the Province of Saskatchewan. _____________________________________________ Judge of the Provincial Court of Saskatchewan ¨ New ¨ Renewal 11 YOUTH DETOXIFICATION AND STABILIZATION Y-1.1 REG 1 FORM C Community Order [Section 11 of The Youth Drug Detoxification and Stabilization Act] [Clause 7(c)] CANADA PROVINCE OF SASKATCHEWAN I, the undersigned ______________________________________________________________ (name of physician) a duly qualified medical practitioner, hereby certify that I, on the ______________ day of ___________________, ____________, at ________________________________________ (place of examination) separately from any other physician personally examined _________________________ (name of assessed youth) of _____________________________________________________________________________ (address in full) (phone number) and after conducting the examination of the assessed youth and making due inquiry into all the facts in connection with the case of the assessed youth necessary to be inquired into in order to enable me to form a satisfactory opinion, I am of the opinion that: (a) the assessed youth is suffering from severe drug addiction or drug abuse and requires detoxification and stabilization; (b) the assessed youth is likely to cause harm to himself or herself or to other persons, or to suffer substantial mental or physical deterioration, if he or she does not detoxify or stabilize; (c) the assessed youth is either: (i) unable to fully understand and to make an informed decision respecting his or her need to detoxify or stabilize; or (ii) unable or unwilling to take steps to begin recovery from drug addiction or drug abuse or to reduce the risk of harm to himself or herself or to other persons; (d) measures are available in the community that will sufficiently allow the assessed youth to undergo detoxification and stabilization; and (e) it is in the best interest of the assessed youth to issue the community order. I have formed this opinion based on the following reasons: _______________________________________________________________________________ _______________________________________________________________________________ _______________________________________________________________________________ _______________________________________________________________________________ _______________________________________________________________________________ _______________________________________________________________________________ _______________________________________________________________________________ 12 Y-1.1 REG 1 YOUTH DETOXIFICATION AND STABILIZATION Now, therefore, I, ___________________________ , hereby issue this Community Order (physician) respecting ______________________________________directing that the assessed youth: (name of assessed youth) (a) _____ is to receive the following assessments and detoxification and ________ stabilization services: ___________________________________________________________________ ___________________________________________________________________ ___________________________________________________________________ ___________________________________________________________________ ___________________________________________________________________ ___________________________________________________________________ (b) _____ must attend all meetings and undergo all assessments and detoxification ________ and stabilization services that are part of this order; (c) ______ must report to ______________________________ at ________________; or (name of youth worker) (phone number) __________________________________________ at ___________________ ; (name of other prescribed person) (phone number) (d) _____ must abide by the following restrictions on movement or place of ________ residence: ___________________________________________________________________ ___________________________________________________________________ ___________________________________________________________________ ___________________________________________________________________ ___________________________________________________________________ ___________________________________________________________________ (e) ______ must abstain from using or possessing a drug. ____________________________________ ________________________________________ Date Signature of physician 13 YOUTH DETOXIFICATION AND STABILIZATION Y-1.1 REG 1 FORM D Notice that a Community Order is No Longer in Effect [Subsection 11(9) of The Youth Drug Detoxification and Stabilization Act] [Clause 7(d)] CANADA PROVINCE OF SASKATCHEWAN Notice to ______________________________________________________________________ (name of assessed youth) _______________________________________________________________________________ (official representative) A Community Order issued on __________________________________________________ (date) pursuant to section 11 of the The Youth Drug Detoxification and Stabilization Act with respect to: _______________________________________________________________________________ (name of assessed youth) terminated on _________________________________________, and is no longer in force. ____________________________________ ________________________________________ Date Signature of physician ¨ New ¨ 1st Renewal ¨ 2nd Renewal 14 Y-1.1 REG 1 YOUTH DETOXIFICATION AND STABILIZATION FORM E Detoxification Order [Section 12 of The Youth Drug Detoxification and Stabilization Act] [Clause 7(e)] CANADA PROVINCE OF SASKATCHEWAN I, the undersigned _____________________________________________________________ (name of physician) a duly qualified medical practitioner hereby certify that I, on the _______________ day of ___________________, 20 ________, at __________________________________________ (place of examination) separately from any other physician, personally examined _________________________ (name of assessed youth) of _____________________________________________________________________________ (address in full) and after conducting an examination of the assessed youth and making due inquiry into all the facts in connection with the case of the assessed youth necessary to be inquired into in order to enable me to form a satisfactory opinion, I am of the opinion that: (a) the assessed youth is suffering from severe drug addiction or drug abuse and requires detention to facilitate detoxification and stabilization; (b) the assessed youth is likely to cause harm to himself or herself or to other persons, or to suffer substantial mental or physical deterioration, if he or she is not detained in a detoxification facility; (c) the assessed youth is either: (i) unable to fully understand and to make an informed decision respecting his or her need to detoxify or stabilize; or (ii) unable or unwilling to take steps to begin recovery from drug addiction or drug abuse or to reduce the risk of harm to himself or herself or to other persons; (d) other measures are not available or are not adequate to sufficiently allow the assessed youth to facilitate the assessed youth’s detoxification and stabilization; and (e) it is in the best interest of the assessed youth to issue the detoxification order. 15 YOUTH DETOXIFICATION AND STABILIZATION Y-1.1 REG 1 I have formed this opinion based on the following reasons: _______________________________________________________________________________ _______________________________________________________________________________ _______________________________________________________________________________ _______________________________________________________________________________ _______________________________________________________________________________ _______________________________________________________________________________ _______________________________________________________________________________ _______________________________________________________________________________ Now, therefore, I, _________________________ , hereby issue this Detoxification Order (physician) respecting ____________________________________ requiring him or her to be detained (name of assessed youth) in _____________________________________________________________________________ (name of detoxification facility) ____________________________________ ________________________________________ Date Signature of examining physician 16 Y-1.1 REG 1 YOUTH DETOXIFICATION AND STABILIZATION FORM F Termination of Community Order or Detoxification Order [Subsection 11(7) or 12(6) of The Youth Drug Detoxification and Stabilization Act] [Clause 7(f)] CANADA PROVINCE OF SASKATCHEWAN I, the undersigned ____________________________________________________________ , (name of physician) a duly qualified medical practitioner, being the physician who issued the Community Order or Detoxification Order of ________________________________, hereby terminate (name of assessed youth) _________ the Community Order issued pursuant to section 11 that is in effect on this _________ date on the following grounds: ____________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________ _________ the Detoxification Order issued pursuant to section 12 that is in effect on _________ this date on the following grounds: ____________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________ ____________________________________ ________________________________________ Date Signature of physician Copies to: 1. Assessed Youth 2. Official Representative 3. Approved Applicant 17 YOUTH DETOXIFICATION AND STABILIZATION Y-1.1 REG 1 FORM G Notification that a Detoxification Order has Expired [Subsection 12 (7) of The Youth Drug Detoxification and Stabilization Act] [Clause 7(g)] CANADA PROVINCE OF SASKATCHEWAN Notice to: ______________________________________________________________________ (name of assessed youth) _______________________________________________________________________________ (approved applicant) _______________________________________________________________________________ (official representative) A Detoxification Order issued on ________________________________________________ (date) pursuant to section 12 of The Youth Drug Detoxification and Stabilization Act requiring that: _______________________________________________________________________________ (name of assessed youth) being detained in ______________________________________________________________ (name of detoxification facility) expired on ___________________________ and has not been renewed. (date) ____________________________________ ________________________________________ Date Signature of physician 18 Y-1.1 REG 1 YOUTH DETOXIFICATION AND STABILIZATION FORM H Notice of Community Order or Detoxification Order [Section 13 of The Youth Drug Detoxification and Stabilization Act] [Clause 7(h)] CANADA PROVINCE OF SASKATCHEWAN Pursuant to section 13 of The Youth Drug Detoxification and Stabilization Act, notice is hereby given to the persons mentioned below that a Community Order or Detoxification Order has been issued with respect to ______________________________________________________________________________ . (name of assessed youth) Notice to _______________________________________________________________________________ (name of assessed youth) _______________________________________________________________________________ (assessed youth’s parents) _______________________________________________________________________________ (official representative) _______________________________________________________________________________ (approved applicant) * * * * * * * _______________________________________________________________________________ (name of assessed youth) ________ is being detained in __________________________________________ ____________ (name of detoxification facility) ________ on the authority of a Detoxification Order; or ________ has become the subject of a Community Order. 19 YOUTH DETOXIFICATION AND STABILIZATION Y-1.1 REG 1 AND NOTICE is hereby given that: – the assessed youth, or an official representative or parent on behalf of an assessed youth, may appeal the Community Order or the Detoxification Order pursuant to section 15 of The Youth Drug Detoxification and Stabilization Act to the applicable review panel; – the review panel has been established to investigate appeals submitted pursuant to The Youth Drug Detoxification and Stabilization Act and to hold any hearings that may be required by section 15 of that Act, and has the power to determine the following: if the assessed youth is subject to a Community Order, whether or not the assessed youth should remain subject to the Community Order or whether or not any of the conditions of the Community Order should be varied or terminated; if the assessed youth is subject to a Detoxification Order, whether or not the assessed youth should remain in detention and should be subject to the Detoxification Order The name and address of the chairperson of the applicable review panel are as follows: _______________________________________________________________________________ (name) _______________________________________________________________________________ (address) (the applicable review panel is the review panel designated to hear appeals of: – community orders issued with respect to the applicable community; and – detoxification orders issued with respect to the applicable detoxification facility) ____________________________________ ________________________________________ Date Signature of physician ____________________________________ ________________________________________ Date Signature of physician 24 Nov 2017 SR 117/2017 s7. 20 Y-1.1 REG 1 YOUTH DETOXIFICATION AND STABILIZATION FORM I Appeal to Review Panel [Section 15 of The Youth Drug Detoxification and Stabilization Act] [Clause 7(i)] CANADA PROVINCE OF SASKATCHEWAN To ________________________________________________________________, chairperson (name of chairperson) of the review panel for __________________________________________________________ (community in which the Community Order applies or detoxification facility to which the Detoxification Order applies) I, _____________________________________________________________________________ (name of assessed youth) hereby appeal the Community Order or Detoxification Order dated ________________ , (provide date(s) order issued) pursuant to subsection 15(2) of The Youth Drug Detoxification and Stabilization Act to which _______________________________________________________________ is subject. (name of assessed youth) ____________________________________ ________________________________________ Date Signature of assessed youth, parent or official representative ________________________________________ Address ________________________________________ Relationship of signatory to assessed youth if signatory other than the assessed youth NOTE: An appeal pursuant to section 15 of The Youth Detoxification and Stabilization Act may be brought by: – the assessed youth; – an official representative; or – a parent of the assessed youth. 24 Nov 2017 SR 117/2017 s7. REGINA, SASKATCHEWAN Printed by the authority of THE QUEEN’S PRINTER Copyright©2017