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Guiding principles in respect of children
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4. The Principal Act is amended by the insertion of the following section after section 4:
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“4A. (1) In making a decision under this Act concerning the care or treatment of a child (including the making of a specific application under section 25(1) and a decision of the Court to make an order under section 25(6) authorising the detention of a child in an approved centre), the best interests of the child shall be the paramount consideration.
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(2) Notwithstanding the generality of subsection (1), in making a decision under this Act concerning the care or treatment of a child (including the making of a specific application under section 25(1) and a decision of the Court to make an order under section 25(6) authorising the detention of a child in an approved centre), due regard shall also be given to the following principles (in this Act referred to as ‘guiding principles’), namely the need—
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(a) for every child to have access to health services that have as the aim of those services, the delivery of the highest attainable standard of child mental health,
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(b) in the case of a child who is capable of forming his or her own views, to consult, where practicable, the child at each stage of diagnosis and treatment and give due weight to—
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(i) his or her views, and
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(ii) his or her will or preferences,
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having regard to the age and maturity of that child,
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(c) in so far as is practicable, to provide care and treatment—
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(i) in an age-appropriate environment, and
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(ii) in close proximity to the child’s home or family, as appropriate,
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(d) for the child to receive the least intrusive treatment possible in the least restrictive environment practicable, and
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(e) to respect the right of the child to dignity, bodily integrity, privacy and autonomy.”.
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