CODING: Words stricken are deletions; words underlined are additions.



                                                   HOUSE AMENDMENT

    711-131AXA-08                               Bill No. CS/HB 947

    Amendment No. ___ (for drafter's use only)

                            CHAMBER ACTION
              Senate                               House
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  4  ______________________________________________________________

  5                                           ORIGINAL STAMP BELOW

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10  ______________________________________________________________

11  Representative(s) Ryan offered the following:

12

13         Amendment (with title amendment) 

14  Remove everything after the enacting clause

15

16  and insert:

17         Section 1.  Paragraph (b) of subsection (3) of section

18  39.0015, Florida Statutes, is amended to read:

19         39.0015 Child abuse prevention training in the district

20  school system.--

21         (3)  DEFINITIONS.--As used in this section:

22         (b)  "Child abuse" means those acts as defined in ss.

23  39.01(1), (2), (30), (43), (45), (47), (54), and (65) (52),

24  and (63), 827.04, and 984.03(1), (2), and (37).

25         Section 2.  Present subsections (40) and (42) of

26  section 39.01, Florida Statutes, are renumbered as subsections

27  (42) and (43), respectively, present subsection (41) is

28  renumbered as subsection (40), present subsection (72) is

29  renumbered as subsection (41), present subsections (43)

30  through (71) are renumbered as subsections (45) through (73),

31  respectively, and a new subsection (44) is added to said

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                                                   HOUSE AMENDMENT

    711-131AXA-08                               Bill No. CS/HB 947

    Amendment No. ___ (for drafter's use only)





  1  section, to read:

  2         39.01  Definitions.--When used in this chapter, unless

  3  the context otherwise requires:

  4         (44)  "Medical passport" means a written health history

  5  of a child in shelter status or foster care, which is used to

  6  document health care, and is to be kept with the child's

  7  caregiver in the child's resource record and updated at each

  8  health care provider visit. The department is responsible for

  9  ensuring the medical passport is current, complete, and

10  accurate.

11         Section 3.  Subsection (1) of section 39.302, Florida

12  Statutes, is amended to read:

13         39.302 Protective investigations of institutional child

14  abuse, abandonment, or neglect.--

15         (1) The department shall conduct a child protective

16  investigation of each report of institutional child abuse,

17  abandonment, or neglect. Upon receipt of a report which

18  alleges that an employee or agent of the department, or any

19  other entity or person covered by s. 39.01(31) or (49)(47),

20  acting in an official capacity, has committed an act of child

21  abuse, abandonment, or neglect, the department shall

22  immediately initiate a child protective investigation and

23  orally notify the appropriate state attorney, law enforcement

24  agency, and licensing agency. These agencies shall immediately

25  conduct a joint investigation, unless independent

26  investigations are more feasible. When conducting

27  investigations onsite or having face-to-face interviews with

28  the child, such investigation visits shall be unannounced

29  unless it is determined by the department or its agent that

30  such unannounced visits would threaten the safety of the

31  child. When a facility is exempt from licensing, the

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                                                   HOUSE AMENDMENT

    711-131AXA-08                               Bill No. CS/HB 947

    Amendment No. ___ (for drafter's use only)





  1  department shall inform the owner or operator of the facility

  2  of the report. Each agency conducting a joint investigation

  3  shall be entitled to full access to the information gathered

  4  by the department in the course of the investigation. A

  5  protective investigation must include an onsite visit of the

  6  child's place of residence. In all cases, the department shall

  7  make a full written report to the state attorney within

  8  working days after making the oral report. A criminal

  9  investigation shall be coordinated, whenever possible, with

10  the child protective investigation of the department. Any

11  interested person who has information regarding the offenses

12  described in this subsection may forward a statement to the

13  state attorney as to whether prosecution is warranted and

14  appropriate. Within 15 days after the completion of the

15  investigation, the state attorney shall report the findings to

16  the department and shall include in such report a

17  determination of whether or not prosecution is justified and

18  appropriate in view of the circumstances of the specific case.

19         Section 4.  Subsections (3) through (14) of section

20  39.407, Florida Statutes, are renumbered as subsections (4)

21  through (15), respectively, and a new subsection (3) is added

22  to said section, to read:

23         39.407  Medical, psychiatric, and psychological

24  examination and treatment of child; physical or mental

25  examination of parent or person requesting custody of child.--

26         (3)  The provision of psychotropic medication to a

27  child in the legal custody of the department, and in

28  compliance with this subsection, shall be deemed in compliance

29  with the restrictions in s. 743.0645(1)(b).

30         (a)  A court order is not required to dispense

31  psychotropic medication to a child in the legal custody of the

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                                                   HOUSE AMENDMENT

    711-131AXA-08                               Bill No. CS/HB 947

    Amendment No. ___ (for drafter's use only)





  1  department under any of the following conditions:

  2         1.  If a child was taking prescribed psychotropic

  3  medications at the time the child was removed from the home,

  4  the department may take possession of the remaining

  5  medications when the department takes the child, and may

  6  dispense those medications on a temporary basis until the next

  7  regularly scheduled court hearing required under this chapter,

  8  other than the shelter hearing, if such hearing occurs within

  9  60 days of the time the child was removed.

10         2.  Psychotropic medications may be dispensed in

11  advance of issuance of a court order if the prescribing

12  physician indicates in writing that delay in dispensing the

13  medication could be detrimental to the child. The order

14  required under this subsection shall be sought by the

15  department at the next regularly scheduled court hearing

16  required under this chapter, or within 60 days of the

17  prescription, whichever is sooner; or

18         3.  In an acute care setting.

19         (b)  A motion seeking court authority to dispense

20  psychotropic medication to a child in the legal custody of the

21  department must be supported by the prescribing physician's

22  signed medical report or, if not available, an affidavit from

23  the prescribing physician indicating:

24         1.  The name of the child and the name and dosage of

25  the psychotropic medication, and indicating that there is a

26  need to prescribe psychotropic medication to the child based

27  upon a diagnosed condition for which such medication is

28  indicated and that there is a plan of treatment that addresses

29  treatment alternatives that are or are not available or

30  desirable.

31         2.  That the psychotropic medication at its prescribed

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                                                   HOUSE AMENDMENT

    711-131AXA-08                               Bill No. CS/HB 947

    Amendment No. ___ (for drafter's use only)





  1  dosage is appropriate for the treatment of the child's

  2  diagnosed medical condition, as well as the behaviors and

  3  symptoms the medication at its prescribed dosage level is

  4  expected to address.

  5         3.  That the prescribing physician has provided to the

  6  child, if age-appropriate, the department and any person

  7  responsible for the child in his or her residential setting, a

  8  clinically appropriate explanation of the nature and purpose

  9  of the treatment; the recognized side effects, risks, and

10  contraindications of the medication; and drug interaction

11  precautions.

12         4.  Whether the psychotropic medication will replace or

13  supplement any other currently prescribed medications or

14  treatments; the length of time the child is expected to be

15  taking the medication; and any additional medical, counseling,

16  or other services that the prescribing physician believes are

17  necessary or would be beneficial for the treatment of the

18  child's medical condition and that the physician expects or

19  advises to be provided to the child in concert with the

20  medication.

21

22  The department shall have the burden of compliance with and

23  proof of the provisions of this paragraph.

24         (c)  At a hearing to determine whether to initially

25  allow dispensing of psychotropic medication to a child in the

26  legal custody of the department, or at a hearing for

27  continuation of such medication, the medical report or

28  affidavit described in paragraph (b) are admissible in

29  evidence. The prescribing physician is not required to attend

30  the hearing or testify unless the court specifically orders

31  such attendance or testimony. If the medical report or

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                                                   HOUSE AMENDMENT

    711-131AXA-08                               Bill No. CS/HB 947

    Amendment No. ___ (for drafter's use only)





  1  affidavit, the medical passport, and other evidence are in

  2  accord with the requirements of this subsection, the court

  3  shall order the dispensing or continuation of psychotropic

  4  medication without further testimony or evidence. The court

  5  shall further inquire of the department as to whether the

  6  additional medical, counseling, or other services that the

  7  prescribing physician believes are necessary or would be

  8  beneficial for the treatment of the child's medical condition

  9  and that the physician expects or advises to be provided to

10  the child in concert with the medication are being provided to

11  the child by the department. The court may require further

12  medical consultation, including obtaining a second opinion,

13  based upon considerations of the best interests of the child,

14  and the court may not order the discontinuation of prescribed

15  psychotropic medication contrary to the decision of the

16  prescribing physician without first obtaining a second opinion

17  from a licensed physician that the psychotropic medication

18  should be discontinued.

19         (d)  The court shall review the medical passport and

20  the status of the child's progress on psychotropic medication

21  at least every 6 months, which may be accomplished during

22  timely scheduled judicial review hearings pursuant to s.

23  39.701. On its own motion or on good cause shown by any party,

24  including any guardian ad litem, attorney, or attorney ad

25  litem who has been appointed to represent the child or his or

26  her interests, the court may review the status more frequently

27  than required in this paragraph.

28         (e)  If at any time the court determines that the

29  statutory requirements for continued use of the psychotropic

30  medication are not being met, the court may, in the best

31  interests of the child, order the department to either produce

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                                                   HOUSE AMENDMENT

    711-131AXA-08                               Bill No. CS/HB 947

    Amendment No. ___ (for drafter's use only)





  1  evidence of compliance with the requirements of this section

  2  or obtain a medical opinion that continued use of the

  3  medication under the circumstances is safe and medically

  4  appropriate. If at any time the court determines that the

  5  additional medical, counseling, or other services that the

  6  prescribing physician believes are necessary or would be

  7  beneficial for the treatment of the child's medical condition

  8  and that the physician expects or advises to be provided to

  9  the child in concert with the medication are not being

10  provided, the court may, in the best interests of the child,

11  order the department to either produce evidence of compliance

12  with the requirement of providing those services or obtain a

13  medical opinion that such services are not medically

14  appropriate.

15         Section 5.  This act shall take effect July 1, 2002.

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18  ================ T I T L E   A M E N D M E N T ===============

19  And the title is amended as follows:

20  remove:  the entire title

21

22  and insert:

23                  A bill to be entitled

24         An act relating to dependent children; amending

25         s. 39.01, F.S.; providing a definition;

26         amending ss. 39.0015 and 39.302, F.S.;

27         correcting cross references; amending s.

28         39.407, F.S.; specifying conditions under which

29         a court order is not required for dispensing

30         psychotropic medication to a child in the legal

31         custody of the Department of Children and

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                                                   HOUSE AMENDMENT

    711-131AXA-08                               Bill No. CS/HB 947

    Amendment No. ___ (for drafter's use only)





  1         Family Services; providing requirements for a

  2         petition to the court for authority to dispense

  3         psychotropic medication to such a child;

  4         providing for prior review of the child's

  5         medical history and evidence demonstrating that

  6         the treatment is appropriate for the child's

  7         condition; providing for the burden of proof;

  8         providing for further medical consultation,

  9         including second opinions, under certain

10         circumstances; providing conditions for

11         discontinuation of prescribed psychotropic

12         medication or for the provision of other

13         services; providing for periodic court review

14         of the child's progress; providing an effective

15         date.

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