House Bill hb0947c1

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    Florida House of Representatives - 2002              CS/HB 947

        By the Council for Healthy Communities and Representatives
    Ryan and Lynn





  1                      A bill to be entitled

  2         An act relating to dependent children; amending

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

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

  5         correcting cross references; amending s.

  6         39.407, F.S.; specifying conditions under which

  7         no court order is required for dispensing

  8         psychotropic medication to a child in shelter

  9         status or foster care; providing requirements

10         for a petition to the court for authority to

11         dispense psychotropic medication to such a

12         child; providing for prior review of the

13         child's medical history and evidence

14         demonstrating that the treatment is appropriate

15         for the child's condition; providing for

16         further medical consultation, including second

17         opinions, under certain circumstances;

18         providing conditions for discontinuation of

19         prescribed psychotropic medication or for the

20         provision of other services; providing for

21         periodic court review of the child's progress;

22         providing an effective date.

23

24  Be It Enacted by the Legislature of the State of Florida:

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

27  39.0015, Florida Statutes, is amended to read:

28         39.0015 Child abuse prevention training in the district

29  school system.--

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

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

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

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

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

  5  section 39.01, Florida Statutes, are renumbered as subsections

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

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

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

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

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

11  section, to read:

12         39.01  Definitions.--When used in this chapter, unless

13  the context otherwise requires:

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

15  of a child in shelter status or foster care, which is prepared

16  and maintained by the department, is used to document health

17  care, and is to be kept with the child's caregiver in the

18  child's resource record and updated at each health care

19  provider visit.

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

21  Statutes, is amended to read:

22         39.302 Protective investigations of institutional child

23  abuse, abandonment, or neglect.--

24         (1) The department shall conduct a child protective

25  investigation of each report of institutional child abuse,

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

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

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

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

30  abuse, abandonment, or neglect, the department shall

31  immediately initiate a child protective investigation and

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  1  orally notify the appropriate state attorney, law enforcement

  2  agency, and licensing agency. These agencies shall immediately

  3  conduct a joint investigation, unless independent

  4  investigations are more feasible. When conducting

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

  6  the child, such investigation visits shall be unannounced

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

  8  such unannounced visits would threaten the safety of the

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

10  department shall inform the owner or operator of the facility

11  of the report. Each agency conducting a joint investigation

12  shall be entitled to full access to the information gathered

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

14  protective investigation must include an onsite visit of the

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

16  make a full written report to the state attorney within

17  working days after making the oral report. A criminal

18  investigation shall be coordinated, whenever possible, with

19  the child protective investigation of the department. Any

20  interested person who has information regarding the offenses

21  described in this subsection may forward a statement to the

22  state attorney as to whether prosecution is warranted and

23  appropriate. Within 15 days after the completion of the

24  investigation, the state attorney shall report the findings to

25  the department and shall include in such report a

26  determination of whether or not prosecution is justified and

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

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

29  39.407, Florida Statutes, are renumbered as subsections (4)

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

31  to said section, to read:

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  1         39.407  Medical, psychiatric, and psychological

  2  examination and treatment of child; physical or mental

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

  4         (3)  The provision of psychotropic medication to a

  5  child in the legal custody of the department in compliance

  6  with this subsection shall be deemed to be in compliance with

  7  the requirements in s. 743.0645(1)(b).

  8         (a)  No court order shall be required to dispense

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

10  department under any of the following conditions:

11         1.  If a child was taking prescribed psychotropic

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

13  the department is authorized to take possession of the

14  remaining medications when the department takes the child and

15  may dispense those medications on a temporary basis until the

16  next regularly scheduled court hearing required under this

17  chapter other than the shelter hearing, provided such hearing

18  occurs within 60 days after the child was removed;

19         2.  Psychotropic medications may be dispensed in

20  advance of issuance of a court order if the prescribing

21  physician indicates that delay in dispensing the medication

22  could be detrimental to the child. The order required under

23  this subsection shall be sought at the next regularly

24  scheduled court hearing required under this chapter or within

25  60 days after the prescription, whichever is sooner; or

26         3.  In an acute care setting.

27         (b)  A petition to the court for authority to dispense

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

29  department shall be supported by the following:

30         1.  An affidavit or signed medical report from the

31  prescribing physician stating the child's name and the name

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  1  and dosage of the psychotropic medication and indicating that

  2  there is a need to prescribe psychotropic medication to the

  3  child based upon a diagnosed condition for which such

  4  medication is indicated.

  5         2.  Medical records or other competent evidence

  6  demonstrating that the psychotropic medication at its

  7  prescribed dosage is appropriate for the treatment of the

  8  child's diagnosed medical condition, as well as the behaviors

  9  and symptoms the medication at its prescribed dosage level is

10  expected to address.

11         3.  Medical records or other competent evidence

12  demonstrating that the prescribing physician has provided to

13  the child, if age-appropriate, and to the child's legal

14  custodian, foster parent, relative caregiver, or, where

15  appropriate, other person responsible for the child's welfare

16  in his or her residential setting, a clinically appropriate

17  explanation of the nature and purpose of the treatment; the

18  recognized side effects, risks, and contraindications of the

19  medication; and drug interaction precautions.

20         4.  Medical records or other competent evidence

21  reflecting that alternative methods of treatment for the

22  child's condition have been duly considered by medical

23  providers and an alternative course of treatment that would

24  offer comparable benefits to the child is unavailable or

25  undesirable.

26         5.  Medical records or other competent evidence showing

27  whether the psychotropic medication will replace or supplement

28  any other currently prescribed medications or treatments, the

29  length of time the child is expected to be taking the

30  medication, and any additional medical, counseling, or other

31  services that the prescribing physician believes are necessary

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  1  or would be beneficial for the treatment of the child's

  2  medical condition and that the physician expects or advises to

  3  be provided to the child in concert with the medication.

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

  5  allow dispensing of psychotropic medication to a child in the

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

  7  continuation of such medication, the affidavit or signed

  8  medical report, the medical passport, and the medical records

  9  or other competent evidence described in paragraph (b), shall

10  be admissible in evidence.  The prescribing physician shall

11  not be required to attend the hearing or testify unless the

12  court specifically orders such attendance or testimony.  If

13  the affidavit or signed medical report, the medical passport,

14  and other evidence, are in accord with the requirements of

15  this subsection, the court shall order the dispensing or

16  continuation of psychotropic medication without the need for

17  further testimony or evidence.  The court shall further

18  inquire of the department as to whether the additional

19  medical, counseling, or other services that the prescribing

20  physician believes are necessary or would be beneficial for

21  the treatment of the child's medical condition and that the

22  physician expects or advises to be provided to the child in

23  concert with the medication are being provided to the child by

24  the department.  The court may require further medical

25  consultation, including obtaining a second opinion, based on

26  considerations of the best interests of the child; and shall

27  not order the discontinuation of prescribed psychotropic

28  medication contrary to the decision of the prescribing

29  physician without first obtaining a second opinion from a

30  licensed physician that the psychotropic medication should be

31  discontinued.

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  1         (d)  The court shall review the status of the child's

  2  progress on psychotropic medication at least every 6 months,

  3  and may do so during timely scheduled judicial review hearings

  4  pursuant to s. 39.701. On its own motion or on good cause

  5  shown by any party, including any guardian ad litem, attorney,

  6  or attorney ad litem who has been appointed to represent the

  7  child or his or her interests, the court may review the status

  8  more frequently than required in this paragraph.

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

10  requirements for continued use of the psychotropic medication

11  are not being met, the court may, in the best interests of the

12  child, order the department to either produce evidence of

13  compliance with the requirements of this section or obtain a

14  medical opinion that continued use of the medication under the

15  circumstances is safe and medically appropriate.  If at any

16  time the court determines that the additional medical,

17  counseling, or other services that the prescribing physician

18  believes are necessary or would be beneficial for the

19  treatment of the child's medical condition and that the

20  physician expects or advises to be provided to the child in

21  concert with the medication are not being provided, the court

22  may, in the best interests of the child, order the department

23  to either produce evidence of compliance with the requirement

24  of providing those services or obtain a medical opinion that

25  such services are not medically appropriate.

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

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