Mental Health Care Act, 2002
Section 40 of the Mental Health Care Act, 2002 (Act 17 of 2002) as amended:
MENTAL HEALTH CARE ACT 17 OF 2002S.40. Intervention by members of South African Police Service
(1) If a member of the South African Police Service has reason to believe, from personal observation or from information obtained from a mental health care practitioner, that a person due to his or her mental illness or severe or profound intellectual disability is likely to inflict serious harm to himself or herself or others, the member must apprehend the person and cause that person to be –
(a) taken to an appropriate health establishment administered under the auspices of the State for assessment of the mental health status of that person; and
(b) handed over into custody of the head of the health establishment or any other person designated by the head of the health establishment to receive such persons.
(2) If a mental health care practitioner, after the assessment referred to in subsection (1), is of the view that the person apprehended is –
(a) due to mental illness or severe or profound intellectual disability, likely to inflict serious harm to himself or herself or others, must admit the person to the health establishment for a period not exceeding 24 hours for an application to be made in terms of section 33; or
(b) unlikely to cause harm, he or she must release the person immediately.
(3) If an application is not made within the 24 hour period, the person apprehended must be discharged immediately.
Involuntary Admission by SAPS
MCHA_22MHCA 1 : Emergency admission or treatment without consent
MCHA_01MHCA 4 : Application for assisted or involuntary care, treatment and rehabilitation
MCHA_04Mental Health Care Act, 2002
17-of-2002-MENTAL-HEALTH-CARE-ACT_2016.07.01-to-dateMental Health Care Regulations
17-of-2002-MENTAL-HEALTH-CARE-ACT_Regs-GNR-699_2014.09.05-to-date 17-of-2002-MENTAL-HEALTH-CARE-ACT_Regs-GNR-1467_2016.12.23-to-dateOther forms
The site at which these forms are supposed to be displayed is typically useless: https://www.safmh.org/mental-health-forms/
The following forms are from KZN website
- MHCA 1 : Emergency admission or treatment without consent Example
- MHCA 2 : Report on exploitation, physical or other abuse, neglect or degrading treatment of a mental health care user
- MHCA 4 : Application for assisted or involuntary care, treatment and rehabilitation Example 1 | Example 2 (application by Health Care Provider)
- MHCA 5 : Examination and findings of mental health care practitioner following and application for assisted or involuntary care, treatment and rehabilitation Example 1 completed by medical practitioner | Example 2 completed by Professional nurse
- MHCA 6 : 72-hour assessment and findings of medical practitioner or mental health care practitioner after head of health establishment has granted application for involuntary care, treatment and rehabilitation Example
- MHCA 7 : Notice by head of health establishment on whether to provide assisted or involuntary inpatient care, treatment and rehabilitation
- MHCA 8 : Notice by head of Health Establishment to review board requesting approval for further involuntary care, treatment and rehabilitation on an inpatient basis Example
- MHCA 9 : Notice by Head of Health Establishment after 72-hour assessment period informing review board that mental health care user warrants further involuntary care, treatment and rehabilitation on an outpatient basis Example
- MHCA 10 : Transfer of involuntary mental health care user – schedule of conditions relating to his or her outpatient care, treatment and rehabilitation Example
- MHCA 11: Transfer of involuntary mental health care user on inpatient basis to psychiatric hospita1 Example
- MHCA 12 : Transfer of involuntary mental health care user from inpatient to outpatient and vice versa Example
- MHCA 22: Handing over custody by the South Africa police services of a person suspected of being mentally ill or severely or profoundly intellectually disabled and likely to inflict serious harm Example
- In-patient referral form to psychiatric institution
- Suicide risk assessment form
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