Florida Administrative Code
65 - DEPARTMENT OF CHILDREN AND FAMILIES
65C - Family Safety and Preservation Program
Chapter 65C-35 - PSYCHOTROPIC MEDICATION FOR CHILDREN IN OUT OF HOME CARE
Section 65C-35.006 - Taking a Child Into Custody Who Is Taking Psychotropic Medication

Universal Citation: FL Admin Code R 65C-35.006

Current through Reg. 50, No. 187; September 24, 2024

(1) When a child protective investigator (CPI) takes a child into custody he or she must ascertain whether the child is taking psychotropic medications. If so, the CPI must determine the purpose of the medication, the name and phone number of the prescribing physician, or psychiatric nurse, the dosage, instructions regarding administration (e.g., timing, whether to administer with food), and any other relevant information.

(2) The CPI must seek written authorization from the parent or legal guardian to continue administration of currently prescribed psychotropic medications. The authorization shall be documented on the "Emergency Intake" form, CF-FSP 5314, May 2010, incorporated by reference and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-08063. This authorization is good for the first 60 calendar days the child is in shelter status.

(a) In order for medication to be administered to a child, the medication must be a current prescription, in the original container, and clearly marked.

(b) If the medication is not in the original container, is not clearly marked, or is not the child's current prescription, the child shall not be continued on the medication unless the prescribing physician or psychiatric nurse or the dispensing pharmacy confirms that the child is currently on the prescribed medication and provides a new prescription to be filled or refilled.

(3) If parental authorization is not obtained and the CPI receives a medical opinion that the child needs to continue taking the medication, the medical opinion must be in writing and provided to Children's Legal Services.

(4) Children's Legal Services must file a motion requesting that continuation of the medication be determined at the shelter hearing.

(a) The motion must indicate the prescribing physician or psychiatric nurse's reasons for wanting to continue the medication and provide the court with any other available information relevant to the request.

(b) If the CPI is unable to obtain the reason for continuing the medication from the prescribing physician or psychiatric nurse, he or she must document all efforts to obtain the information from the prescribing physician or psychiatric nurse and file it with the court prior to the shelter hearing.

(5) Authorization in a shelter order to continue the medication shall be valid only until the arraignment hearing on the petition for dependency, or for 28 calendar days following the date of removal, whichever occurs first.

(6) Within 28 calendar days of removal, or no later than the arraignment hearing on the petition for dependency, whichever occurs first, the child must be evaluated by a physician or psychiatric nurse to determine whether it is appropriate to continue the medication.

(7) The CPI shall document in FSFN all actions in regards to the provision of the medication within three (3) business days of receipt of the parent or legal guardian authorization or court order approving the medication.

Rulemaking Authority 39.407(3)(g) FS. Law Implemented 39.407(1), (2), (3) FS.

New 3-17-10, Amended 4-20-17, 5-28-18, 12-3-19.

Disclaimer: These regulations may not be the most recent version. Florida may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.