Security of person, protective care of person
2019, c.17, s.12
37.1(1)The security of a person may be in danger when
(a)
the person is without adequate care or supervision;
(b)
the person is living in unfit or improper circumstances;
(c)
the person is in the care of someone who is unable or unwilling to provide adequate care or supervision of the person;
(d)
the person is in the care of someone whose conduct endangers the life, health or emotional well-being of the person;
(e)
the person is physically or sexually abused, physically or emotionally neglected, sexually exploited, including sexual exploitation through pornography or in danger of such treatment;
(f)
the person is living in a situation where there is severe domestic violence;
(g)
the person is in the care of someone who neglects or refuses to provide or obtain proper medical, surgical or other remedial care or treatment necessary for the health or well-being of the person or refuses to permit such care or treatment to be supplied to the person; or
(h)
the person by his or her behaviour, condition, environment or association, is likely to injure himself or herself or others.
37.1(2)The Minister may put a person under protective care if
(a)
the Minister is satisfied, after an investigation under subsection 35(1), that the person is a neglected adult or an abused adult;
(b)
the Minister and a professional person both have reason to believe that the person is mentally incompetent;
(c)
the Minister has reason to believe that the security of the person may be in danger; and
(d)
the person has refused to accept the provision of social services.
37.1(3)Where the Minister puts a person under protective care under subsection (2), he shall make adequate provision for that person’s care and the Minister may do any or all of the following:
(a)
leave the person where the person is residing or in the care of the person who had assumed responsibility of the person before the person was put under protective care;
(b)
remove the person from the location where the person is residing and put the person in such other location as in the Minister’s opinion is suitable;
(c)
return the person to the location where the person was residing or to the care of the person who had previously assumed responsibility for the care of the person;
(d)
arrange for a medical examination and treatment of the person without the consent of any other person.
37.1(4)Within five days after putting a person under protective care under subsection (2), the Minister shall
(a)
release the person from protective care; or
(b)
apply to the court for an order under subsection 39(1).
37.1(5)For the purposes of subsection (2) “professional person” means a judge, peace officer, medical practitioner, psychologist, nurse or any other health or mental health professional.
1990, c.25, s.6; 1997, c.2, s.8; 2010, c.8, s.10; 2016, c.37, s.66; 2019, c.2, s.54; 2019, c.17, s.13