Proposition 54K0765

Projet de loi modifiant la loi du 26 juin 1990 relative à la protection de la personne des malades mentaux.

General information ¶

Authors

Open Vld Sabien Lahaye-Battheu, Ine Somers, Carina Van Cauter

Submission date

Jan. 9, 2015

Official page

Visit

Status

Adopted

Requirement

Simple

Subjects

civil procedure fundamental rights information psychiatric confinement mentally disabled person judicial proceedings

Voting ¶

Voted to adopt

Groen CD&V Vooruit Ecolo LE PS | SP DéFI ∉ Open Vld N-VA LDD MR PVDA | PTB PP VB

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Discussion ¶

Feb. 9, 2017 | Plenary session (Chamber of representatives)

Full source

The reporters, Ms. Uyttersprot and Mr. Calomne, refer to the written report.

I know it’s late, but I’m trying.

Imagine it in a moment. Over the past few months, the police have issued twenty process-verbals. You ask for help and support, you call for protection, but more than establishing the facts the police can not do for you. Since you divorced your wife, she has changed unrecognizably. She repeatedly beat the house short and small. Until she finds the ultimate revenge: your wife threatens to kill your joint children. You are at the end of counsel. You go to hotels. Go to a family park. You do everything to keep your children safe. And then your wife is admitted to a psychiatric hospital. A moment of rest. Just as safe. But the hospital dismisses your wife and does not inform you. Four hours later, your 4-year-old son is dead. And then it is your 8-year-old daughter's turn, but because of the medication taken, the mom falls asleep, and as a miracle, the girl escapes a horrible death. His wife is still threatening from prison.

This could be a terrifying fiction story, but unfortunately it really happened. Kim Vanhauwaert, founder of the organization Protect the Children. It is a touching story, colleagues, which has captured not only me, but also a number of other colleagues.

On this occasion, I would like to thank Kim Vanhauwaert especially for his admirable response. He established an association aiming, among other things, to amend the law of 26 June 1990 on the person of the mentally ill.

We have listened to it. The result is that today, hopefully unanimously as in the Justice Committee, we will approve this bill.

The amended law will better involve the nearest family in the succession of mentally ill people. For example, the peace judge is obliged to hear the nearest family for a request for admission. All decisions, such as admission or follow-up care, should also be communicated in advance to the family so that it can prepare. In this way, underage children will be better protected.

Specifically, the peace judge will be obliged to hear a number of persons from the close family of the sick about the request for admission. Today it is optional. In addition to the applicant, it is the spouse or the person who legally cohabits with the sick person or forms an actual family with him. If it is a minor child, the other parent or the person who cares for the child is also heard, even though it is very often the ex-partner of the mentally ill person. The legal representatives, usually the parents or guardians of the minor sick, are also heard.

Thanks to the obligation of hearing, the judge gets the widest possible view of the situation, which can only benefit the decisions. That obligation, however, should not, as we understand this, lead to unnecessary delays. Therefore, it was provided that within 10 days after the submission of the petition for admission, in any case, a judgment will have to follow. It is also important that, if the law comes into force, all interested parties will also be mandatoryly informed of the decisions taken.

Colleagues, thanks to these two measures, the neighbors will be better involved in judicial decisions and in the fate of the mentally ill and his minor children. That is important. It is a small step forward, but for a lot of families, it can undoubtedly make a difference. Thank you for your unanimous support.