Florida/Georgia Personal Injury & Workers Compensation

...The court can order that a child be placed in a therapeutic setting, In the Interest of L.W., 615 So. 2d 834, 839 (Fla. 4th DCA 1993), and that a child be treated by a licensed health care professional or receive mental health treatment. Fla. Stat. § 39.407(4)....

...We have for review M.W. v. Davis, 722 So.2d 966 (Fla. 4th DCA 1999), a decision of the Fourth District Court of Appeal that certified the following question to be one of great public importance: IS A HEARING WHICH COMPLIES WITH THE REQUIREMENTS OF SECTIONS 39.407(4) AND 394.467(1), FLORIDA STATUTES, NECESSARY WHEN A COURT ORDERS THAT A CHILD BE PLACED IN A RESIDENTIAL FACILITY FOR MENTAL HEALTH TREATMENT, WHERE THE CHILD HAS BEEN COMMITTED TO THE LEGAL CUSTODY OF THE DEPARTMENT OF CHILDREN AND FAMILY SERVICES, AND THE DEPARTMENT IS SEEKING RESIDENTIAL TREATMENT? M.W....

...ization. In response, M.W. filed a petition for writ of habeas corpus in the Fourth District. [13] M.W. argued that the dependency judge's order constituted an involuntary commitment to a mental health facility requiring an evidentiary hearing under section 39.407(4), Florida Statutes (Supp. 1998), and the Baker Act, specifically sections 394.463 and 394.467, Florida Statutes (1997). In its original opinion, the Fourth District granted the writ of habeas corpus on the grounds that section 39.407(4) requires the Department to comply with the procedures required by sections 394.463 and 394.467 of the Baker Act before placing a dependent child in psychiatric residential treatment....

...In its opinion on rehearing, the Fourth District reasoned that because M.W. is a child who has been adjudicated dependent and committed to the temporary legal custody of the Department and because the Department is seeking residential treatment, a Baker Act hearing is not required by section 39.407(4) before placing M.W....

...ANALYSIS The question certified by the Fourth District requires us to examine the statutory framework of Chapter 39 to determine whether the substantive and procedural requirements of the Baker Act have been expressly incorporated into the laws regulating dependency proceedings. [15] All parties in this case agree that section 39.407(4) requires dependency courts to comply with the procedures outlined in the Baker Act prior to placing a child who has been taken into emergency shelter into a residential mental health treatment facility....

...STATUTORY FRAMEWORK As an alternative to his constitutional argument, M.W. contends that the Florida Legislature has provided children with greater rights than the minimum procedures required by the Constitution. [23] In particular, M.W. argues that pursuant to section 39.407(4), the court must expressly follow the procedures and standards set forth in the Baker Act before any dependent child may be placed in a residential mental health treatment facility....

...When construing statutes, we have explained that "legislative intent is the polestar that guides our inquiry." McLaughlin v. State, 721 So.2d 1170, 1172 (Fla.1998); see St. Petersburg Bank & Trust Co. v. Hamm, 414 So.2d 1071, 1073 (Fla.1982). M.W. relies specifically upon section 39.407(4) for his position that the dependency court judge lacked the authority to commit him to a residential facility without following the procedural and substantive provisions of the Baker Act. At the time of the hearing in this case, the relevant provisions of section 39.407 governing the manner in which medical and psychiatric care can be obtained by the Department provided in pertinent part: 39.407 Medical, psychiatric, and psychological examination and treatment of child; physical or mental examination of parent or person requesting custody of child.— (1) When any child is taken into custody and is to be detained in shelter care, the d...

...... . . . . (12) Nothing in this section alters the authority of the department to consent to medical treatment for a dependent child when the child has been committed to the department and the department has become the legal custodian of the child. § 39.407, Fla. Stat. (Supp.1998) (emphasis supplied). M.W. contends that the plain language of section 39.407(4) demonstrates the Legislature's intent to incorporate the procedures of the Baker Act, requiring that these procedures be followed before a court can order that a dependent child be placed into a residential psychiatric treatment facility....

...Under this section of Chapter 39, once a child is adjudicated dependent and committed to the temporary legal custody of the Department, the Department has the authority to consent to "ordinary" medical and psychiatric care. See id.; M.W., 722 So.2d at 969; see also § 39.508(9)(a)7. In contrast, section 39.407(4), which M.W....

...asserts applies to him, requires court approval before the Department may obtain treatment "by a licensed health care professional" or "mental health or retardation services from a psychiatrist, psychologist or other appropriate service provider." A construction that section 39.407(4) applies to children who have been adjudicated dependent and placed in the temporary *103 legal custody of the Department would expressly conflict with the Department's specific authority granted by section 39.01(70) to obtain ordinary psychological or psychiatric care for dependent children in its temporary legal custody. In fact, section 39.407(12) provides that nothing in section 39.407 is intended to "alter[] the authority of the department to consent to medical treatment for a dependent child when the child has been committed to the department and the department has become the legal custodian of the child." In addition to conflicting with another express provision of Chapter 39, the actual language used in section 39.407(4) provides support for our interpretation. Chapter 39 does not define "in the physical custody," which is the relevant term used by section 39.407(4)....

...However, the term "taken into custody" is defined as "the status of a child immediately when temporary physical control over the child is attained by a person authorized by law, pending the child's release or placement." § 39.01(69) (emphasis supplied). This language suggests that the procedures in section 39.407(4) are limited to those children in emergency shelter, but not yet adjudicated dependent and placed in the Department's temporary legal custody. [26] An interpretation that the Legislature did not intend the incorporation of the Baker Act in section 39.407(4) to apply to those children who have been adjudicated dependent and placed in the temporary legal custody of the Department is consistent with other subsections of section 39.407, which apply to children who have not yet been adjudicated dependent and placed in the temporary legal custody of the Department. See, e.g., Golf Channel v. Jenkins, 752 So.2d 561 (Fla.2000) (reading related statutory provisions together in order to determine legislative intent). For example, section 39.407(1) provides that the Department may obtain a medical screening of all children who have been taken into emergency shelter, but expressly provides that this subsection does not provide authority for the Department to consent to medical treatment on behalf of children in shelter care. Section 39.407(2) provides a procedure for the Department to obtain consent for medical care for those children who are "in the custody of the department, but who ha[ve] not been committed to the department." This subsection clearly applies to those...

...*104 Because section 39.01(70) provides that the Department has the authority to consent to ordinary medical treatment for those children who have been adjudicated dependent and placed in its custody, it is logical that the procedure spelled out in section 39.407(2) is inapplicable to children committed to the temporary legal custody of the Department. Lastly, section 39.407(3), the subsection immediately preceding the subsection relied on by M.W., requires court approval before the Department may obtain an examination for the child by a "licensed health care professional," or an evaluation by a psychiatrist or psychologist. Once again, interpreting this subsection as applicable to children in the Department's legal custody would conflict with the authority granted by section 39.01(70) to obtain "ordinary" medical and psychological care. These subsections within section 39.407 are consistent with an overall legislative intent that the procedures set forth in section 39.407 do not apply to children who have been declared dependent and placed in the temporary legal custody of the Department. When construing the intended scope of section 39.407(4), it is also important to read this provision in context with the other sections of Chapter 39 in order to harmonize it with interlocking statutes....

...ental health than the procedures required by section 394.467(1). These positions appears to be consistent with the statutory framework of Chapter 39 and the overall legislative intent in enacting this chapter. Accordingly, reading the entire text of section 39.407 together with sections 39.01(69) and (70), 39.508, 39.601 and 39.701, we find that the Legislature did not intend for the Baker Act to apply to those children who have been adjudicated dependent and placed in the *106 temporary legal custody of the Department....

...t against his wishes simply because other statutorily mandated hearings are already required or because it would otherwise burden our dependency courts. CONCLUSION In conclusion, it is reasonable to find that the Legislature intended the language in section 39.407(4) incorporating the procedures for involuntary commitment to apply to children who are in emergency shelter, but not to those children who have been adjudicated dependent and placed in the temporary legal custody of the Department....

...While we can understand this concern, there is no indication in this case that the recommendations to place M.W. in residential treatment were motivated by anything other than concern for M.W.'s best interests. [6] Although M.W. points out that the court's signed order made explicit reference to sections 39.407, Florida Statutes (Supp.1998) and 394.467, Florida Statutes (1997), we do not deem that fact dispositive of the issue in this case....

...[25] A dependent child is also defined as including one who was voluntarily placed with a child-placing agency, adult relative, or the Department, as well as a child with no parent or legal custodian capable of providing supervision or care. See § 39.01(14), Fla. Stat. (Supp.1998). [26] M.W. asserts that the amendment to section 39.407(4) in chapter 99-193, § 24, Laws of Florida, demonstrates a contrary legislative intent. In this amendment, the Legislature deleted the term "the physical custody of the Department" so that section 39.407(4) now applies to "a child in an out-of-home placement." § 39.407(4), Fla....

...n to the general terms of the more comprehensive statute." McKendry, 641 So.2d at 46. The procedures in chapter 39 are specifically tailored to the placement of dependent children. To the extent that the Baker Act is not specifically incorporated in section 39.407(4), the provisions in chapter 39 concerning the placement of dependent children should govern....

...[34] We note that legislation is pending that would explicitly set forth certain procedures to be used before a child who has been adjudicated dependent may be placed in a residential psychiatric facility. See Fla. CS/SB 682 (2000); Fla. HB 2347 (2000). The amendment of section 39.407 would be an important step in specifying what steps are required to be taken before a child may be placed in residential treatment....

...1st DCA 1988), [but] appellant's counsel did not object to the order for an evaluation below so this recent case is not applicable here." (Answer Brief, p. 8, n. 1). The truth is, the cited decision did not create a new requirement in 1988, rather it confirmed that section 39.407(13), Florida Statutes (1987), and its predecessor, as well as rule 8.750(b), Florida Rules of Juvenile Procedure, required the state to move for and show good cause why a mental examination of a natural parent seeking custody should be compelled....

...controversy" and there was no showing of "good cause" as to why the forced examination was necessary. While recognizing that a parent's "mental condition is implicated" in a custody proceeding, this court held in S.N., supra, that the showing under section 39.407(13), Florida Statutes, and Rule 8.870(b), Fla.R....

...en had been sheltered because the younger child was admitted to the hospital with symptoms of shaken baby syndrome. The parents argue that the trial court departed from the essential requirements of the law in requiring the mental examinations under section 39.407(14), Florida Statutes (2003), and Florida Rule of Juvenile Procedure 8.250(b)....

...The parents allege that the trial court's order departed from the essential requirements of the law in two respects. First, the parents argue that the trial court departed from the essential requirements of the law in requiring the mental examinations under section 39.407(14) and rule 8.250(b)....

...Both provisions provide that the court may order a person seeking custody of a child to submit to a mental examination when the mental or physical condition of the person "is in controversy" and the party seeking the examination shows "good cause" for the examination. § 39.407(14); Fla....

...and not to shade or modify it out of policy considerations. McDonald v. Roland, 65 So.2d 12, 14 (Fla. 1953). With this duty in mind, we cannot conclude that the legislature intended to authorize compulsory examinations under section 39.41(5). Under section 39.407, the legislature set out a detailed procedure for the examination and evaluation of the child by a physician, a psychiatrist, a psychologist or the developmental disability diagnostic and evaluation team of the department. In contrast, section 39.41(5) simply provides that the court may order "family counseling" and "other professional counseling activities" deemed necessary for the rehabilitation of the child. When compared with the detailed language of section 39.407 regarding the evaluation and examination of a dependent child, it is clear that the legislature had the means available to provide for a similar evaluation of the parents had that been intended....

...However, as the wife is now deceased, we have omitted any further reference to her. [3] In further support of his argument that the Legislature had the means available to order a psychological evaluation of the parents of dependent children, Fruh has submitted a copy of a proposed bill which would have amended section 39.407 by adding subsection (2) specifically authorizing the psychological and psychiatric evaluation of the parents or guardian of a dependent child....

...f the courts, we conclude that this includes plans for compliance by the Department with its duty to L.W. to find adoptive placement. Further authority for the trial court's order directing placement of the child in a therapeutic setting is found in section 39.407(4), Florida Statutes which provides: A judge may order a child in the physical custody of the department to be treated by a licensed health care professional....

...ntal examination of the parent, and ordered petitioner to be examined by a psychologist of her own choice or by the Northwest Florida Mental Health Center. The specific authority to compel a mental examination in juvenile proceedings is set forth in section 39.407(13), Florida Statutes (1987), which provides: At any time after the filing of a petition for dependency, when the mental or physical condition, including the blood group, of a parent, guardian, or other person requesting custody of a c...

...child to undergo such evaluation, treatment or counseling activities as authorized by law. *1159 See Petition of The Florida Bar To Amend the Florida Rules of Juvenile Procedure, 462 So.2d 399 (Fla. 1984). Accordingly, pursuant to the provisions of section 39.407(13), Florida Statutes, and Florida Rule of Juvenile Procedure 8.750(b), the court may order a parent to submit to a mental examination in circumstances where (1) the parent has requested custody of the child, (2) the parent's mental co...

...to participate in a psychological examination as part of his case plan since he was found to be a non-offending parent. We disagree. In Bailey v. Dep't of Health & Rehabilitative Servs., 703 So.2d 1224 (Fla. 5th DCA 1998) this court recognized that section 39.407(14) of the Florida Statutes specifically authorizes trial courts to order mental health examinations in dependency matters upon a showing that the parent's mental condition is in controversy and good cause exists to require an examination....

...he Juvenile Court Rules Committee review rule 8.410(c), governing the amendment of case plans, to determine if clarification is required. (Emphasis supplied) (footnote omitted). Shortly after this Court released M.W., the Florida Legislature amended section 39.407, Florida Statutes (1999), entitled "Medical, psychiatric, and psychological examination of treatment of child; physical or mental examination of parent or person requesting custody of child." [1] The amendment added new subsection (5)...

...indicating that a child can be heard either through a GAL, an attorney, or both. [4] The Committee also considered that, although the Legislature mandated a GAL for all children placed in residential health treatment programs, it did not mandate an attorney. See generally § 39.407(5)(a), Fla....

...t center. Despite the directives in M.W., the Committee determined that in light of the legislation passed subsequent to M.W., a preplacement hearing is not required. The Committee points out that Senate Bill 682 (2000), the enacting legislation for section 39.407(5), originally required a preplacement hearing....

...(i.e., placement of a child in a locked residential treatment facility without a hearing to evaluate the propriety of that placement) would not only be tolerated, but would be approved as part of this Court's rules of procedure. The Court has reviewed section 39.407(5), and we do not find that incorporating a pre-commitment hearing into a procedural rule would be inconsistent with the statutory scheme. [7] We believe that *1214 the incorporation of such a hearing would not only complement the procedures set out by the Legislature in section 39.407(5), but also would enhance the child's perception that he or she has a voice and that his or her stated interests are being considered in determining whether placement is in the child's best interests and whether the placement is the least restrictive alternative available....

...Therefore, I concur with the majority's decision to publish the revised rule and receive additional comments from interested parties prior to adopting the rule. However, I write separately to express my concern that dependent children who are involuntarily placed in treatment facilities under section 39.407(5) are given less protection than a child civilly committed under the Baker Act....

...In such circumstances, the child shall be provided the opportunity to express his or her views to the court by a method deemed appropriate by the court. NOTES [1] The Court in M.W. recognized that this legislation was pending and stated that the "amendment of section 39.407 would be an important step in specifying what steps are required to be taken before a child may be placed in residential treatment." 756 So.2d at 107 n....

...ld's expressed preferences." Id. at std. 2. These issues are the subject of continued study by the Florida Bar's Commission on the Legal Needs of Children. See The Florida Bar Commission on the Legal Needs of Children Interim Report, March 2001. [7] Section 39.407(5) sets forth in pertinent part: (b) Whenever the department believes that a child in its legal custody is emotionally disturbed and may need residential treatment, an examination and suitability assessment must be conducted by a qualified evaluator who is appointed by the Agency for Health Care Administration....

...'s best interests and whether the placement is the least restrictive alternative available." Id. at 1214. In proposing these changes, we noted that incorporating counsel and a precommitment hearing into the proceedings would not be inconsistent with section 39.407(5), Florida Statutes (2001), which lists the procedures the department must follow in order to place a child who is under the legal custody of the department in a residential treatment center....

...ppropriated, and Governor Bush approved, $7.5 million to Guardian Ad Litem programs for representation of children in chapter 39 proceedings. See Ch. 2002-394, § 7, at 4613-15, Laws of Fla. [4] Chapter 39 governs proceedings related to children and section 39.407(5) specifically governs proceedings related to the placement of dependent children into residential treatment facilities....

...I concur in the adoption of the provisions of new Florida Rule of Juvenile Procedure 8.350, with one exception. In my earlier concurring opinion in this case, I expressed concern that dependent children who are involuntarily placed in treatment facilities under section 39.407(5), Florida Statutes (2002), are given less protection than children who are civilly committed under the Baker Act....

...Procedure, 804 So.2d 1206, 1215 (Fla.2001) (Harding, J., concurring). While the Baker Act requires appointment of a public defender to represent a person who is the subject of an involuntary commitment petition, see § 394.467(4), Fla. Stat. (2002), there is no provision in section 39.407(5) for appointment of counsel....

...nly for counsel appointed in death cases and as special assistant public defenders. Accordingly, I urge the Legislature to consider and rectify the disparity in statutory protections afforded to dependent children facing involuntary commitment under section 39.407(5) and children civilly committed under the Baker Act by amending section 39.407(5) to provide for the appointment and compensation of counsel....

...h that a court appearance is not in the child's best interest. In such circumstances, the child shall be provided the opportunity to express his or her views to the court by a method deemed appropriate by the court. NOTES [1] The Legislature amended section 39.407(5), Florida Statutes, in 2002. See ch. 2002-219, § 3, Laws of Fla. We have reviewed the amendments to section 39.407(5) and conclude that incorporating a precommitment hearing into rule 8.350 would not be inconsistent with the statutory scheme....

or persons by whom it is to be made. See also § 39.407, Fla. Stat. (2011).1 The rule articulates two

...2d DCA 1993). Since appellants have not demonstrated fraud or duress, their consent can not be withdrawn. § 39.464(1), Fla. Stat. (1995). The trial court did err by ordering appellants to submit to psychological evaluations without good cause shown. Both Section 39.407(13), Florida Statutes (1995) and Florida Rule of Juvenile Procedure 8.250(b) require a showing of good cause before one can be ordered to submit to a mental or physical examination....

...Subsection (1)(g) authorizes the trial court to order adoptive parents of children placed in temporary custody to pay for care, support, maintenance and education of the child. In addition, pursuant to section 39.41(6) a court may order the parents to participate in counseling. Furthermore, section 39.407(1)(b), Florida Statutes (1985), grants to the trial court the authority to order a child determined to be dependent to receive mental health services from a psychologist. Although neither section 39.41 nor section 39.407 expressly authorizes the court to require parents of a dependent child to pay for psychological counseling, we conclude that these sections construed together empower the trial court to order appellants to pay for counseling....

...Many class members are being administered dangerous psychotropic medications, primarily for purposes of behavioral control. Id. ¶¶ 34-35, 41(1). Many class members are administered these medications without the informed consent orders required by Section 39.407, Florida Statutes, or at least without orders entered after a full hearing and a physician's evaluation based on complete medical records. Id. ¶ 36. Indeed, HKI and DCF routinely permit the administration of these drugs without complying with the requirements of Section 39.407....

...Additionally, "Defendants" have caused or permitted to be administered to Smith dangerous psychotropic medications (including medications that cannot or should not be prescribed to minors under any circumstances) without the authorization required by Section 39.407, and in violation of the due process clause of the Fourteenth Amendment....

...Moses was then placed in a locked psychiatric facility called Tampa Bay Academy. Id. ¶¶ 73, 78. There, Plaintiff was abused in an unspecified manner and administered dangerous psychotropic medications. Id. ¶ 78. Many of these medications were administered without the authorization required by Section 39.407, and in violation of the due process clause of the Fourteenth Amendment....

...NOTES [1] The children indicated they had eaten at their grandmother's house earlier that day. [2] The records from Lakeside were obtained post-disposition. [3] The Department may have been able to meet its burden had it moved the trial court to order M.C. to submit to a psychological evaluation as provided for in section 39.407(15), Florida Statutes (2007).

..."time, place, manner, conditions, and scope of examination." Florida Rule of Juvenile Procedure 8.250(b) requires that an order to submit to a psychological evaluation specify the "time, place, manner, conditions, and scope of the examination". See § 39.407(15), Fla....

..._________________________ .....(name)..... .....(address)..... .....(phone number)..... NOTES [1] The proposed amendments conform the rules to chapter 2004-362, section 2, Laws of Florida (amending § 39.701(6), Fla. Stat.); chapter 2005-65, section 2, Laws of Florida (amending § 39.407(3), Fla....

...arrants deference' and, absent a powerful counterveiling interest, protection." See also Lassiter v. Dept. of Social Services, 452 U.S. 18, 101 S.Ct. 2153, 68 L.Ed.2d 640 (1981); Dept. of HRS v. Straight, Inc., 497 So.2d 692 (Fla. 1st DCA 1986). [3] § 39.407(1)(e), Fla....

...s the legal custodian, is already authorized to consent to the surgery on L.B.'s behalf. Under section 39.01(70), Florida Statutes (2001), DCF has "the right ... to provide the child with ... ordinary medical... care ...." (emphasis added.) Further, section 39.407(13) states, "Nothing in this section alters the authority of the department to consent to medical treatment for a dependent child...." The dispositive issue in the instant case is whether the "ordinary medical ... care" referenced in section 39.01(70), and the "medical treatment" referenced in section 39.407(13), include surgery....

...informed consent as provided by law is required. Section 743.0645(1)(b) specifically excludes surgery from the definition of "medical *832 care and treatment." As section 39.01(33) and section 39.01(70) both concern "ordinary medical ... care," and section 39.407(13) concerns "medical treatment," it is logical to conclude that surgery is excluded from the definition of "ordinary medical care" and "medical treatment." The provisions in Chapter 39 are silent on the subject of surgery....

in requiring the mental examinations under section 39.407(14), Florida Statutes (2003), and Florida Rule

...oceed, those rights must yield to the needs of the children. Id. at 46. Both S.K. and the Department note that Chapter 39, Florida Statutes, gives little direction to the court as to how to proceed in a dependency case where a parent is incompetent. Section 39.407(15), Florida Statutes (2006), and Florida Rule of Juvenile Procedure 8.250(b) permit a mental health assessment of a parent when the mental health is in controversy....

...that he could not be involuntarily placed in this facility without a Baker Act hearing complying with Chapter 394, Part I, The Florida Mental Health Act or Chapter 393. We came to that conclusion because we were persuaded by M.W. that the following portion of section 39.407(4), Florida Statutes (1997) was applicable....

...her appropriate service provider. If it is necessary to place the child in a residential facility for such services, then the procedures and criteria established in s. 394.467 or chapter 393 shall be used, whichever is applicable. In concluding that section 39.407(4) was applicable, we relied on our prior decision in In the Interest of L.W., 615 So.2d 834 (Fla....

...1st DCA 1990) (where performance agreement dealt with parents undergoing psychological evaluation, HRS should offer the evaluation at their expense as one of their responsibilities under the performance agreement unless the parent expressly undertakes to accept the financial responsibility). In the instant case, neither section 39.407(13), Florida Statutes, nor Rule 8.250(b) provides any authority for the court to force HRS to pay for such a service....

...tion and then comply with any recommendations made by the evaluator. The father appealed, arguing the circuit court erred in ordering him to participate in a psychological examination since he was found to be non-offending. We disagreed, noting that section 39.407(14) specifically authorizes trial courts to order mental health examinations in dependency matters upon a showing that the parent's mental condition is in controversy and good cause exists to require an examination....

...If the child was found dependent as to P.M., then the order shall remain in effect in its entirety. If the child was not found dependent as to P.M., the requirements that P.M. undergo a psychosexual evaluation and attend parenting classes and domestic violence counseling are nevertheless affirmed pursuant to sections 39.407(14) and 39.521(1)(b)1....

...e custody of the child, the court shall place the child with that parent upon completion of a home study, unless the court finds that such placement would endanger the safety, well-being, or physical, mental, or emotional health of the child.... [2] § 39.407....

...plied instead of the previously announced standard. The parties have not cited any controlling authority that specifically sets forth the Department's burden of proof for placing and maintaining a dependent child in a residential treatment facility. Section 39.407, Florida Statutes (2003), and rule 8.350 govern the provision of medical or mental health treatment to a child in the custody of the State, including placement in a residential treatment facility, but neither the statute nor the rule address the burden of proof....

emotional disturbance as defined in s. 394.492(6),” § 39.407(6)(a)(3.), Fla. Stat. (2005), we reverse. A year

the trial court’s particular order at bar. Section 39.407, Florida Statutes (1989), which does apply

controversy" and that "good cause" was shown, see § 39.407(15) Fla. Stat. (2018) ; Fla. R. Juv. P. 8.250(b)

controversy” and that “good cause” was shown, see § 39.407(15) Fla. Stat. (2018); Fla. R. Juv. P. 8.250(b)

as authorized by law. The rule implements section 39.407(15), Florida Statutes (2018), which authorizes

...This is such a case. See e.g., J.B. v. M.M., 92 So. 3d 888, 889 (Fla. 4th DCA 2012) (holding that certiorari jurisdiction lies to review an order compelling a psychological evaluation under Florida Rule of Juvenile Procedure 8.250(b)). Section 39.407(15) of the Florida Statutes (2014) provides: At any time after the filing of a shelter petition or petition for dependency, when the mental or physical condition, including the blood group, of a parent, caregiver, le...

has been one,” as such is not required under section 39.407(6), Florida Statutes (2012). New rule 8.517

... care .... ” (emphasis added.) Further, section 39.407(13) states, “Nothing in this section alters

examination in juvenile proceedings is set forth in section 39.407(13), Florida Statutes (1987), which provides:

suitability for residential placement under section 39.407, Florida Statutes. None- of these three assessments

...[1] One of the amendments adopted by the Court was new rule 8.355, entitled Administration of Psychotropic Medication to a Child in Shelter Care or in Foster Care When Parental Consent Has Not Been Obtained. New rule 8.355 provides procedures to implement section 39.407(3), Florida Statutes (2006), which was created by chapter 2005-65, section 2, Laws of Florida. Section 39.407(3) requires court authorization for the administration of psychotropic medication to children in shelter or foster care when parental consent cannot be obtained. The new rule sets forth procedures governing a motion by the Department of Children and Families and a court order for administration of psychotropic medication, as required by section 39.407(3)(c)....

...of the State, it is essential that a court have access to the information necessary to make an informed decision. Additionally, it is important that the child be afforded the opportunity for meaningful, age-appropriate participation in the process. Section 39.407(3) provides the right of any party to object to a motion for court approval of administration of psychotropic medication within two working days of being notified of the motion....

...Although we agree that in many cases, representation of the child is essential in these proceedings, we decline to insert a requirement for such representation into rule 8.355 for several reasons. First, in the interest of ensuring that the decision to medicate a child is fully informed, section 39.407(3) imposes detailed requirements upon the Department of Children and Families....

...The statute mandates that at the time the department seeks a medical evaluation to determine the need for psychotropic medication for a child, it must provide to the evaluating physician all pertinent medical information known to the department concerning that child. § 39.407(3)(a)(2), Fla....

...cannot be obtained—the motion must be supported by the prescribing physician's signed medical report, which must include a "statement indicating that the physician has reviewed all medical information concerning the child which has been provided." § 39.407(3)(c)(2), Fla....

...documentation addressing the length of time the child is expected to take the medication; and (8) documentation addressing "any additional medical, mental health, behavioral, counseling, or other services that the prescribing physician recommends." § 39.407(3)(c)(1)-(5), Fla....

...or other services are being provided to the child by the department which the prescribing physician considers to be necessary or beneficial . . . and which the physician recommends or expects to provide to the child in concert with the medication." § 39.407(3)(d)(1), Fla. Stat. (2006); see also Fla. R. Juv. P. 8.355(b)(2)(B). The court is also authorized to order additional medical consultation and to require the department to obtain a second opinion. § 39.407(3)(d)(1), Fla....

...ild where appropriate. The Program also suggests that the rule be amended to clarify that a party may still file an objection to psychotropic medication even after a court, on the department's motion, authorizes the administration of the medication. Section 39.407(3)(d)(1) states that "[i]f any party objects to the department's motion, that party shall file the objection within 2 working days after being notified of the department's motion." § 39.407(3)(d)(1), Fla....

...en have the necessary representation and an opportunity to be heard in court before making critical decisions regarding the administration of psychotherapeutic (psychotropic) medication. [5] *522 The Legislature's 2005 enactment of the provisions in section 39.407(3), Florida Statutes (2006), reflects a widespread concern about the appropriate administration of psychotropic medication to children in foster care....

...p from 32.7 percent) and 32 percent of those children in "out-of-home care" (up from 26.4 percent) receiving one or more psychotropic medications. [9] The statute requires DCF to follow detailed procedures before administering these medications. See § 39.407(3), Fla. Stat. Among these procedures is the right of any party to object to administration of psychotropic medication. See § 39.407(3)(d)(1), Fla....

...n tasks in a disposition order via certiorari jurisdiction. See In re S.M., 136 So. 3d 1271 (Fla. 2d DCA 2014). 2 v. State Dep't of Health & Rehabilitative Servs., 529 So. 2d 1156, 1159 (Fla. 1st DCA 1988); § 39.407(15), Fla....

...of a parent, caregiver, legal custodian, or other person who has custody or is requesting custody of a child is in controversy, the court may order the person to submit to a physical or mental examination by a qualified professional. The order may be made only upon good cause shown . . . .”); § 39.407(16), Fla....

Allen, 717 So.2d 130 (Fla. 4th DCA 1998). While section 39.407(14), Florida Statutes (2000), allows the court

See ch. 2019-142, § 6, Laws of Fla. (amending § 39.407(6)(g)2., Fla. Stat. (2018)).

child in a residential treatment facility. Section 39.407, Florida Statutes (2003), and rule 8.350 govern

consent is required for medical treatment. 4 Section 39.407(3) and (4), Fla. Stat. 5 Section 42 of Chapter

submit to a psychological evaluation under section 39.407(15), Florida Statutes (2011), and Florida Rule

also determined constituted a reasonable fee. Section 39.407(13), Florida Statutes, authorizes a trial court

requirement in 1988, rather it confirmed that section 39.407(13), Florida Statutes (1987), and its predecessor