Rethinking legislative protection for youth with severe substance use disorders in Manitoba
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Date
2023-03-27
Authors
Sodipo, Omobolanle
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Abstract
The Manitoba Youth Drug Stabilization (Support for Parents) Act provides for a brief period of commitment of youth with severe substance use disorder. The Act is intended to stabilize the youth and develop a treatment plan which the youth can voluntarily initiate after stabilization. However, the nature of substance use disorders and resultant short term and long-term effects excludes some youth from the protection intended by the Youth Drug Stabilization (Support for Parents) Act. This is because even after compulsory stabilization, they lack cognitive capacity to process the information necessary to make autonomous treatment decisions or voluntarily follow through on treatment plans, due to the severity of their condition.
This research paper argues that the Youth Drug Stabilization (Support for Parents) Act (YDSA) should be expanded to ensure involuntary treatment for youth, because of the effects of severe substance use disorders on their health and level of autonomous functioning. Involuntary treatment will provide the necessary medical care needed to restore their autonomy and other individual rights. The research paper acknowledges some risks that are associated with involuntary treatment and therefore proposes a responsive communitarian approach to balance the autonomy of youth and the obligation to protect them for the common good of society. The responsive communitarian approach provides a valuable framework for rethinking the current provisions of the Youth Drug Stabilization (Support for Parents) Act to better protect youth with severe substance use disorders. In conclusion the research paper will recommend new directions to providing involuntary treatment care, which focus on the best interest of the youth. This includes thorough capacity assessment processes during the period of stabilization to establish the youth’s history as well as adequate acknowledgement of the consequences and risks that may occur if treatment is not received.
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Keywords
Youth, Substance use disorders, Human Rights, Involuntary Care, Youth Drug Stabilization Act