Florida Juvenile Procedure Rule 8.355
RULE 8.355. ADMINISTRATION OF PSYCHOTROPIC
MEDICATION TO A CHILD IN SHELTER CARE OR
IN FOSTER CARE WHEN PARENTAL CONSENT
HAS NOT BEEN OBTAINED
(a) Motion for Court Authorization for Administration of
Psychotropic Medications.
(1) Whenever the department believes that a child in its
physical or legal custody requires the administration of a
psychotropic medication, and the child’s parents or legal guardians
have not provided express and informed consent as provided by
law, the department or its agent shall file a motion with the court to
authorize the administration of the psychotropic medication before
the administration of the medication, except as provided in
subdivision (c) of this rule. In all cases in which a motion is
required, the motion shall include the following information:
(A) the written report of the department describing
the efforts made to enable the prescribing physician or psychiatric
nurse to obtain express and informed consent for providing the
medication to the child and describing other treatments considered
or recommended for the child;
(B) the prescribing physician’s or psychiatric
nurse’s signed medical report, as required by law; and
(C) whether the prescribing physician or
psychiatric nurse has obtained the child’s assent to take the
medication.
(2) If the child declines to assent to the proposed
administration of psychotropic medication the court shall appoint
an attorney to represent the child and a hearing shall be held on
the department’s motion. The appointment shall conform to the
provisions of rule 8.231.
(3) The department must serve a copy of the motion,
and notify all parties and the child’s attorney, if appointed, of its
proposed administration of psychotropic medication to the child in
writing, or by whatever other method best ensures that all parties
receive notification of the proposed action, within 48 hours after
filing the motion for court authorization.
(4) If any party other than the child objects to the
proposed administration of the psychotropic medication to the
child, that party must file its objection within 2 working days after
being notified of the department’s motion.
(b) Court Action on Department’s Motion for
Administration of Psychotropic Medication.
(1) If the child assents and no party timely files an
objection to the department’s motion, the court may enter its order
authorizing the proposed administration of the psychotropic
medication without a hearing. Based on its determination of the
best interests of the child, the court may order additional medical
consultation or require the department to obtain a second opinion
within a reasonable time, not more than 21 calendar days. When
the court orders an additional medical consultation or second
medical opinion, the department shall file a written report including
the results of this additional consultation or a copy of the second
medical opinion with the court within the time required by the
court, and shall serve a copy of the report as required by
subdivision (a)(2) of this rule.
(2) If the child does not assent to the medication or any
party timely files its objection to the proposed administration of the
psychotropic medication to the child, the court shall hold a hearing
as soon as possible on the department’s motion.
(A) At such hearing, the medical report of the
prescribing physician or psychiatric nurse is admissible in
evidence.
(B) At such hearing, the court shall ask the
department whether additional medical, mental health, behavioral,
counseling, or other services are being provided to the child that the
prescribing physician or psychiatric nurse considers to be
necessary or beneficial in treating the child’s medical condition, and
which the physician or psychiatric nurse recommends or expects to
be provided to the child with the medication.
(C) The court may order additional medical
consultation or a second medical opinion, as provided in
subdivision (b)(1) of this rule.
(D) After considering the department’s motion and
any testimony received, the court may order that the department
provide or continue to provide the proposed psychotropic
medication to the child, on a determination that it is in the child’s
best interest to do so.
(c) Emergency Situations.
(1) Shelter Care. When a child is initially removed from
the home and taken into custody under section 39.401, Florida
Statutes, and the department continues to administer a current
prescription of psychotropic medication to the child, the department
shall request court authorization for the continued administration
of the medication at the shelter hearing. This request shall be
included in the shelter petition.
(A) The department shall provide all information
in its possession to the court in support of its request at the shelter
hearing. The court may authorize the continued administration of
the psychotropic medication only until the arraignment hearing on
the petition for adjudication, or for 28 days following the date of the
child’s removal, whichever occurs first.
(B) When the department believes, based on the
required physician’s evaluation, that it is appropriate to continue
the psychotropic medication beyond the time authorized by the
court at the shelter hearing, the department shall file a motion
seeking continued court authorization at the same time as it files
the dependency petition, within 21 days after the shelter hearing.
(2) When Delay Would Cause Significant Harm.
Whenever the department believes, based on the certification of the
prescribing physician or psychiatric nurse, that delay in providing
the prescribed psychotropic medication to the child would, more
likely than not, cause significant harm to the child, the department
must submit a motion to the court seeking continuation of the
medication within 3 working days after the department begins
providing the medication to the child.
(A) The motion seeking authorization for the
continued administration of the psychotropic medication to the
child shall include all information required in subdivision (a)(1) of
this rule. The required medical report must also include the specific
reasons why the child may experience significant harm, and the
nature and the extent of the potential harm, resulting from a delay
in authorizing the prescribed medication.
(B) The department shall serve the motion on all
parties within 3 working days after the department begins providing
the medication to the child.
(C) The court shall hear the department’s motion
at the next regularly scheduled court hearing required by law, or
within 30 days after the date of the prescription, whichever occurs
sooner. However, if any party files an objection to the motion, the
court shall hold a hearing within 7 days.
(3) In Emergency Psychiatric Placements. The
department may authorize the administration of psychotropic
medications to a child in its custody in advance of a court order in
hospitals, crisis stabilization units, and in statewide inpatient
psychiatric programs. Should the department do so, it must seek
court authorization for the continued administration of the
medication as required in subdivision (a) of this rule.
D. CASE PLANS
MEDICATION TO A CHILD IN SHELTER CARE OR
IN FOSTER CARE WHEN PARENTAL CONSENT
HAS NOT BEEN OBTAINED
(a) Motion for Court Authorization for Administration of
Psychotropic Medications.
(1) Whenever the department believes that a child in its
physical or legal custody requires the administration of a
psychotropic medication, and the child’s parents or legal guardians
have not provided express and informed consent as provided by
law, the department or its agent shall file a motion with the court to
authorize the administration of the psychotropic medication before
the administration of the medication, except as provided in
subdivision (c) of this rule. In all cases in which a motion is
required, the motion shall include the following information:
(A) the written report of the department describing
the efforts made to enable the prescribing physician or psychiatric
nurse to obtain express and informed consent for providing the
medication to the child and describing other treatments considered
or recommended for the child;
(B) the prescribing physician’s or psychiatric
nurse’s signed medical report, as required by law; and
(C) whether the prescribing physician or
psychiatric nurse has obtained the child’s assent to take the
medication.
(2) If the child declines to assent to the proposed
administration of psychotropic medication the court shall appoint
an attorney to represent the child and a hearing shall be held on
the department’s motion. The appointment shall conform to the
provisions of rule 8.231.
(3) The department must serve a copy of the motion,
and notify all parties and the child’s attorney, if appointed, of its
proposed administration of psychotropic medication to the child in
writing, or by whatever other method best ensures that all parties
receive notification of the proposed action, within 48 hours after
filing the motion for court authorization.
(4) If any party other than the child objects to the
proposed administration of the psychotropic medication to the
child, that party must file its objection within 2 working days after
being notified of the department’s motion.
(b) Court Action on Department’s Motion for
Administration of Psychotropic Medication.
(1) If the child assents and no party timely files an
objection to the department’s motion, the court may enter its order
authorizing the proposed administration of the psychotropic
medication without a hearing. Based on its determination of the
best interests of the child, the court may order additional medical
consultation or require the department to obtain a second opinion
within a reasonable time, not more than 21 calendar days. When
the court orders an additional medical consultation or second
medical opinion, the department shall file a written report including
the results of this additional consultation or a copy of the second
medical opinion with the court within the time required by the
court, and shall serve a copy of the report as required by
subdivision (a)(2) of this rule.
(2) If the child does not assent to the medication or any
party timely files its objection to the proposed administration of the
psychotropic medication to the child, the court shall hold a hearing
as soon as possible on the department’s motion.
(A) At such hearing, the medical report of the
prescribing physician or psychiatric nurse is admissible in
evidence.
(B) At such hearing, the court shall ask the
department whether additional medical, mental health, behavioral,
counseling, or other services are being provided to the child that the
prescribing physician or psychiatric nurse considers to be
necessary or beneficial in treating the child’s medical condition, and
which the physician or psychiatric nurse recommends or expects to
be provided to the child with the medication.
(C) The court may order additional medical
consultation or a second medical opinion, as provided in
subdivision (b)(1) of this rule.
(D) After considering the department’s motion and
any testimony received, the court may order that the department
provide or continue to provide the proposed psychotropic
medication to the child, on a determination that it is in the child’s
best interest to do so.
(c) Emergency Situations.
(1) Shelter Care. When a child is initially removed from
the home and taken into custody under section 39.401, Florida
Statutes, and the department continues to administer a current
prescription of psychotropic medication to the child, the department
shall request court authorization for the continued administration
of the medication at the shelter hearing. This request shall be
included in the shelter petition.
(A) The department shall provide all information
in its possession to the court in support of its request at the shelter
hearing. The court may authorize the continued administration of
the psychotropic medication only until the arraignment hearing on
the petition for adjudication, or for 28 days following the date of the
child’s removal, whichever occurs first.
(B) When the department believes, based on the
required physician’s evaluation, that it is appropriate to continue
the psychotropic medication beyond the time authorized by the
court at the shelter hearing, the department shall file a motion
seeking continued court authorization at the same time as it files
the dependency petition, within 21 days after the shelter hearing.
(2) When Delay Would Cause Significant Harm.
Whenever the department believes, based on the certification of the
prescribing physician or psychiatric nurse, that delay in providing
the prescribed psychotropic medication to the child would, more
likely than not, cause significant harm to the child, the department
must submit a motion to the court seeking continuation of the
medication within 3 working days after the department begins
providing the medication to the child.
(A) The motion seeking authorization for the
continued administration of the psychotropic medication to the
child shall include all information required in subdivision (a)(1) of
this rule. The required medical report must also include the specific
reasons why the child may experience significant harm, and the
nature and the extent of the potential harm, resulting from a delay
in authorizing the prescribed medication.
(B) The department shall serve the motion on all
parties within 3 working days after the department begins providing
the medication to the child.
(C) The court shall hear the department’s motion
at the next regularly scheduled court hearing required by law, or
within 30 days after the date of the prescription, whichever occurs
sooner. However, if any party files an objection to the motion, the
court shall hold a hearing within 7 days.
(3) In Emergency Psychiatric Placements. The
department may authorize the administration of psychotropic
medications to a child in its custody in advance of a court order in
hospitals, crisis stabilization units, and in statewide inpatient
psychiatric programs. Should the department do so, it must seek
court authorization for the continued administration of the
medication as required in subdivision (a) of this rule.
D. CASE PLANS