Section 39: Protection of a child.

(1) Notwithstanding anything to the contrary in this Act, a facility shall only authorise the admission of a child with mental health condition where-
(a) the living area is separate from that of adult patients; and
(b) the Federal Ministry responsible for Health or a state agency, as appropriate, has inspected the facility and certified in writing that the treatment shall be conducted in the least restrictive environment and that the facility is duly equipped with facilities which cater to the developmental needs of a child, and such other things which the Ministry shall determine to be necessary for the care of a child with mental disabilities.
(2) Notwithstanding anything to the contrary in this Act, the parent or guardian of a person with a mental health condition shall represent the person in respect of any matter under this Act where the person is a child and shall act in his or her best interest:
Provided that where an attending healthcare worker is of the opinion that the decisions which are being made by the parent or guardian of the child with a mental health condition are not in the best interest of the child, the attending healthcare worker may apply to the Court for the appointment of an independent legal representative who shall be required to make decisions in the best interest of the child.
(3) For the purpose of determining whether a decision made by a parent or guardian is in the best interest of the child, the attending healthcare worker shall be guided by-
(a) his knowledge and experience as an attending healthcare worker; and
(b) the opinions of the child on issues pertaining to his care, provided the child is above the age of 13 and has the capacity to understand the nature and implication of such issues.
(4) The rights of the child receiving mental health care shall be in line with their rights in the Child Rights Act. [Act No. 26, 2003]
(5) Notwithstanding anything to the contrary in this section, the best interests of the child shall be the primary consideration in all actions relating to a child.