HB 0343 2003
1	A bill to be entitled
2	An act relating to psychotropic medications; amending s.
3	39.401, F.S.; specifying that a parent’s refusal to
4	administer psychotropic medication to a child shall not
5	constitute grounds for the Department of Children and
6	Family Services to take the child into custody; providing
7	exceptions; amending s. 1006.062, F.S.; requiring district
8	school board policies to prohibit personnel from
9	recommending the use of psychotropic medications for
10	students; providing an effective date.
11
12	Be It Enacted by the Legislature of the State of Florida:
13
14	Section 1. Subsection (1) of section 39.401, Florida
15	Statutes, is amended to read:
16	39.401 Taking a child alleged to be dependent into
17	custody; law enforcement officers and authorized agents of the
18	department.--
19	(1) A child may only be taken into custody:
20	(a) Pursuant to the provisions of this part, based upon
21	sworn testimony, either before or after a petition is filed; or
22	(b) By a law enforcement officer, or an authorized agent
23	of the department, if the officer or authorized agent has
24	probable cause to support a finding:
25	1. That the child has been abused, neglected, or
26	abandoned, or is suffering from or is in imminent danger of
27	illness or injury as a result of abuse, neglect, or abandonment;
28	2. That the parent or legal custodian of the child has
29	materially violated a condition of placement imposed by the
30	court; or
31	3. That the child has no parent, legal custodian, or
32	responsible adult relative immediately known and available to
33	provide supervision and care.
34
35	The refusal of a parent, legal guardian, or other person having
36	control of a child to administer or consent to the
37	administration of any psychotropic medication to such child
38	shall not, in and of itself, constitute grounds for the
39	department to take such child into custody, or for any court of
40	competent jurisdiction to order that such child be taken into
41	custody by the department, unless such refusal causes such child
42	to be a victim of neglect or abuse.
43	Section 2. Subsection (8) is added to section 1006.062,
44	Florida Statutes, to read:
45	1006.062 Administration of medication and provision of
46	medical services by district school board personnel.--
47	(8) Each district school board shall adopt and implement
48	policies that prohibit all district school board personnel from
49	recommending the use of psychotropic medications for any
50	student. The provisions of this subsection shall not prohibit
51	district school board medical personnel from recommending that a
52	student be evaluated by an appropriate medical practitioner or
53	prohibit district school board medical personnel from consulting
54	with such a practitioner with the consent of the student’s
55	parent.
56	Section 3. This act shall take effect July 1, 2003.
57