House Bill hb0947e1

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                                        CS/HB 947, First Engrossed



  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         a court order is not required for dispensing

  8         psychotropic medication to a child in the legal

  9         custody of the Department of Children and

10         Family Services; providing requirements for a

11         petition to the court for authority to dispense

12         psychotropic medication to such a child;

13         providing for prior review of the child's

14         medical history and evidence demonstrating that

15         the treatment is appropriate for the child's

16         condition; providing for the burden of proof;

17         providing for further medical consultation,

18         including second opinions, under certain

19         circumstances; providing conditions for

20         discontinuation of prescribed psychotropic

21         medication or for the provision of other

22         services; providing for periodic court review

23         of the child's progress; providing an effective

24         date.

25

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

27

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

29  39.0015, Florida Statutes, is amended to read:

30         39.0015 Child abuse prevention training in the district

31  school system.--


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                                        CS/HB 947, First Engrossed



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

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

  3  39.01(1), (2), (30), (43), (45), (47), (54), and (65) (52),

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

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

  6  section 39.01, Florida Statutes, are renumbered as subsections

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

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

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

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

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

12  section, to read:

13         39.01  Definitions.--When used in this chapter, unless

14  the context otherwise requires:

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

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

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

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

19  health care provider visit. The department is responsible for

20  ensuring the medical passport is current, complete, and

21  accurate.

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

23  Statutes, is amended to read:

24         39.302 Protective investigations of institutional child

25  abuse, abandonment, or neglect.--

26         (1) The department shall conduct a child protective

27  investigation of each report of institutional child abuse,

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

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

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

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


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                                        CS/HB 947, First Engrossed



  1  abuse, abandonment, or neglect, the department shall

  2  immediately initiate a child protective investigation and

  3  orally notify the appropriate state attorney, law enforcement

  4  agency, and licensing agency. These agencies shall immediately

  5  conduct a joint investigation, unless independent

  6  investigations are more feasible. When conducting

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

  8  the child, such investigation visits shall be unannounced

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

10  such unannounced visits would threaten the safety of the

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

12  department shall inform the owner or operator of the facility

13  of the report. Each agency conducting a joint investigation

14  shall be entitled to full access to the information gathered

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

16  protective investigation must include an onsite visit of the

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

18  make a full written report to the state attorney within

19  working days after making the oral report. A criminal

20  investigation shall be coordinated, whenever possible, with

21  the child protective investigation of the department. Any

22  interested person who has information regarding the offenses

23  described in this subsection may forward a statement to the

24  state attorney as to whether prosecution is warranted and

25  appropriate. Within 15 days after the completion of the

26  investigation, the state attorney shall report the findings to

27  the department and shall include in such report a

28  determination of whether or not prosecution is justified and

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

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

31  39.407, Florida Statutes, are renumbered as subsections (4)


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                                        CS/HB 947, First Engrossed



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

  2  to said section, to read:

  3         39.407  Medical, psychiatric, and psychological

  4  examination and treatment of child; physical or mental

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

  6         (3)  The provision of psychotropic medication to a

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

  8  compliance with this subsection, shall be deemed in compliance

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

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

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

12  department under any of the following conditions:

13         1.  If a child was taking prescribed psychotropic

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

15  the department may take possession of the remaining

16  medications when the department takes the child, and may

17  dispense those medications on a temporary basis until the next

18  regularly scheduled court hearing required under this chapter,

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

20  60 days of the time the child was removed.

21         2.  Psychotropic medications may be dispensed in

22  advance of issuance of a court order if the prescribing

23  physician indicates in writing that delay in dispensing the

24  medication could be detrimental to the child. The order

25  required under this subsection shall be sought by the

26  department at the next regularly scheduled court hearing

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

28  prescription, whichever is sooner; or

29         3.  In an acute care setting.

30         (b)  A motion seeking court authority to dispense

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


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                                        CS/HB 947, First Engrossed



  1  department must be supported by the prescribing physician's

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

  3  the prescribing physician indicating:

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

  5  the psychotropic medication, and indicating that there is a

  6  need to prescribe psychotropic medication to the child based

  7  upon a diagnosed condition for which such medication is

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

  9  treatment alternatives that are or are not available or

10  desirable.

11         2.  That the psychotropic medication at its prescribed

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

13  diagnosed medical condition, as well as the behaviors and

14  symptoms the medication at its prescribed dosage level is

15  expected to address.

16         3.  That the prescribing physician has provided to the

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

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

19  clinically appropriate explanation of the nature and purpose

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

21  contraindications of the medication; and drug interaction

22  precautions.

23         4.  Whether the psychotropic medication will replace or

24  supplement any other currently prescribed medications or

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

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

27  or other services that the prescribing physician believes are

28  necessary or would be beneficial for the treatment of the

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

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

31  medication.


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                                        CS/HB 947, First Engrossed



  1

  2  The department shall have the burden of compliance with and

  3  proof of the provisions of this paragraph.

  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 medical report or

  8  affidavit described in paragraph (b) are admissible in

  9  evidence. The prescribing physician is not required to attend

10  the hearing or testify unless the court specifically orders

11  such attendance or testimony. If the medical report or

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

13  accord with the requirements of this subsection, the court

14  shall order the dispensing or continuation of psychotropic

15  medication without further testimony or evidence. The court

16  shall further inquire of the department as to whether the

17  additional medical, counseling, or other services that the

18  prescribing physician believes are necessary or would be

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

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

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

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

23  medical consultation, including obtaining a second opinion,

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

25  and the court may not order the discontinuation of prescribed

26  psychotropic medication contrary to the decision of the

27  prescribing physician without first obtaining a second opinion

28  from a licensed physician that the psychotropic medication

29  should be discontinued.

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

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


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                                        CS/HB 947, First Engrossed



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

  2  timely scheduled judicial review hearings pursuant to s.

  3  39.701. On its own motion or on good cause shown by any party,

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

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

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

  7  than required in this paragraph.

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

  9  statutory requirements for continued use of the psychotropic

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

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

12  evidence of compliance with the requirements of this section

13  or obtain a medical opinion that continued use of the

14  medication under the circumstances is safe and medically

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

16  additional medical, counseling, or other services that the

17  prescribing physician believes are necessary or would be

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

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

20  the child in concert with the medication are not being

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

22  order the department to either produce evidence of compliance

23  with the requirement of providing those services or obtain a

24  medical opinion that such services are not medically

25  appropriate.

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

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