HOUSE AMENDMENT Bill No. HB 433 CS
1	CHAMBER ACTION
2	Senate House
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12	Representative Ryan offered the following:
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14	Amendment (with title amendment)
15	Between lines 770 and 771, insert:
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17	Section 13. 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), (31), (44), (46), (53), and (64)(30), (43),
24	(45), (52), and (63), 827.04, and 984.03(1), (2), and (37).
25	Section 14. Subsection (10) of section 39.01, Florida
26	Statutes, is amended, subsections (14) through (72) are
27	renumbered as subsections (15) through (73), respectively, and a
28	new subsection (14) is added to said section, to read:
29	39.01 Definitions.--When used in this chapter, unless the
30	context otherwise requires:
31	(10) "Caregiver" means the parent, legal custodian, adult
32	household member, or other person responsible for a child's
33	welfare as defined in subsection (48)(47).
34	(14) "Child resource record" means a standardized folder
35	that contains copies of the basic legal, demographic, and known
36	medical information pertaining to a specific child, as well as
37	any documents necessary for the child to be provided medical
38	treatment.
39	Section 15. Subsection (5) of section 39.205, Florida
40	Statutes, is amended to read:
41	39.205 Penalties relating to reporting of child abuse,
42	abandonment, or neglect.--
43	(5) If the department or its authorized agent has
44	determined after its investigation that a report is false, the
45	department shall, with the consent of the alleged perpetrator,
46	refer the report to the local law enforcement agency having
47	jurisdiction for an investigation to determine whether
48	sufficient evidence exists to refer the case for prosecution for
49	filing a false report as defined in s. 39.01(28)(27). During the
50	pendency of the investigation by the local law enforcement
51	agency, the department must notify the local law enforcement
52	agency of, and the local law enforcement agency must respond to,
53	all subsequent reports concerning children in that same family
54	in accordance with s. 39.301. If the law enforcement agency
55	believes that there are indicators of abuse, abandonment, or
56	neglect, it must immediately notify the department, which must
57	assure the safety of the children. If the law enforcement agency
58	finds sufficient evidence for prosecution for filing a false
59	report, it must refer the case to the appropriate state attorney
60	for prosecution.
61	Section 16. Subsection (1) of section 39.302, Florida
62	Statutes, is amended to read:
63	39.302 Protective investigations of institutional child
64	abuse, abandonment, or neglect.--
65	(1) The department shall conduct a child protective
66	investigation of each report of institutional child abuse,
67	abandonment, or neglect. Upon receipt of a report which alleges
68	that an employee or agent of the department, or any other entity
69	or person covered by s. 39.01(32)(31) or (48)(47), acting in an
70	official capacity, has committed an act of child abuse,
71	abandonment, or neglect, the department shall immediately
72	initiate a child protective investigation and orally notify the
73	appropriate state attorney, law enforcement agency, and
74	licensing agency. These agencies shall immediately conduct a
75	joint investigation, unless independent investigations are more
76	feasible. When conducting investigations onsite or having face-
77	to-face interviews with the child, such investigation visits
78	shall be unannounced unless it is determined by the department
79	or its agent that such unannounced visits would threaten the
80	safety of the child. When a facility is exempt from licensing,
81	the department shall inform the owner or operator of the
82	facility of the report. Each agency conducting a joint
83	investigation shall be entitled to full access to the
84	information gathered by the department in the course of the
85	investigation. A protective investigation must include an onsite
86	visit of the child's place of residence. In all cases, the
87	department shall make a full written report to the state
88	attorney within 3 working days after making the oral report. A
89	criminal investigation shall be coordinated, whenever possible,
90	with the child protective investigation of the department. Any
91	interested person who has information regarding the offenses
92	described in this subsection may forward a statement to the
93	state attorney as to whether prosecution is warranted and
94	appropriate. Within 15 days after the completion of the
95	investigation, the state attorney shall report the findings to
96	the department and shall include in such report a determination
97	of whether or not prosecution is justified and appropriate in
98	view of the circumstances of the specific case.
99	Section 17. Subsections (3) through (14) of section
100	39.407, Florida Statutes, are renumbered as subsections (4)
101	through (15), respectively, a new subsection (3) is added to
102	said section, and present subsection (4) of said section is
103	amended, to read:
104	39.407 Medical, psychiatric, and psychological examination
105	and treatment of child; physical or mental examination of parent
106	or person requesting custody of child.--
107	(3)(a) If a child in out of home placement with the
108	department was taking prescribed psychotropic medication at the
109	time the child was removed from the home, the department may
110	take possession of the remaining medication when the department
111	takes the child and may provide consent for the dispensing of
112	that medication on a temporary basis until the next regularly
113	scheduled court hearing required under this chapter, other than
114	the shelter hearing, if such hearing occurs within 60 days after
115	the time the child was removed.
116	(b) If the prescribing physician certifies in the signed
117	medical report required in paragraph (d) that delay in
118	dispensing the prescribed psychotropic medication would more
119	likely than not cause significant harm to the child, the
120	medication may be dispensed in advance of issuance of a court
121	order. In such event, the physician's medical report shall be
122	submitted to the court, the child's guardian ad litem, and all
123	other parties within 3 business days after the commencement of
124	dispensing the medication to the child. The order required under
125	this subsection shall be sought by the department at the next
126	regularly scheduled court hearing required under this chapter,
127	or within 30 days after the date of the prescription, whichever
128	is sooner.
129	(c) Psychotropic medications may be dispensed in an acute
130	care setting.
131	(d) A motion seeking court authority to dispense
132	psychotropic medication to a child in the legal custody of the
133	department must be supported by the prescribing physician's
134	signed medical report indicating:
135	1. The name of the child and the name and range of the
136	dosage of the psychotropic medication and indicating that there
137	is a need to prescribe psychotropic medication to the child
138	based upon a diagnosed condition for which such medication is
139	indicated and that there is a plan of treatment that addresses
140	treatment alternatives that are or are not available or
141	desirable.
142	2. That the psychotropic medication at its prescribed
143	dosage is appropriate for the treatment of the child's diagnosed
144	medical condition, as well as the behaviors and symptoms the
145	medication at its prescribed dosage level is expected to
146	address.
147	3. That the prescribing physician has provided to the
148	child, if age-appropriate, the department, and any person
149	responsible for the child in his or her residential setting a
150	clinically appropriate explanation of the nature and purpose of
151	the treatment; the recognized side effects, risks, and
152	contraindications of the medication; and drug interaction
153	precautions.
154	4. Whether the psychotropic medication will replace or
155	supplement any other currently prescribed medications or
156	treatments; the length of time the child is expected to be
157	taking the medication; and any additional medical, counseling,
158	or other services that the prescribing physician believes are
159	necessary or would be beneficial for the treatment of the
160	child's medical condition and that the physician expects or
161	advises to be provided to the child in concert with the
162	medication.
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164	The department has the burden of compliance with and proof of
165	compliance with the provisions of this paragraph.
166	(e) At a hearing to determine whether to initially allow
167	dispensing of psychotropic medication to a child in the legal
168	custody of the department, or at a hearing for continuation of
169	such medication, the medical report described in paragraph (d)
170	is admissible in evidence. The prescribing physician is not
171	required to attend the hearing or testify unless the court
172	specifically orders such attendance or testimony. If the medical
173	report, the child resource record, and other evidence are in
174	accord with the requirements of this subsection, the court may
175	order the dispensing or continuation of psychotropic medication
176	without further testimony or evidence. The court shall further
177	inquire of the department as to whether additional medical,
178	counseling, or other services that the prescribing physician
179	believes are necessary or would be beneficial for the treatment
180	of the child's medical condition, and that the physician expects
181	or advises to be provided to the child in concert with the
182	medication, are being provided to the child by the department.
183	The court may order further medical consultation, including
184	obtaining a second opinion within 5 working days after such
185	order, based upon considerations of the best interests of the
186	child, and the court may not order the discontinuation of
187	prescribed psychotropic medication contrary to the decision of
188	the prescribing physician without first obtaining a second
189	opinion from a licensed psychiatrist, if available, or, if not
190	available, a physician licensed under chapter 458 or chapter 459
191	that the psychotropic medication should be discontinued.
192	(f) The court shall review the child resource record and
193	the status of the child's progress on psychotropic medication at
194	least every 6 months, which may be accomplished during timely
195	scheduled judicial review hearings pursuant to s. 39.701. On its
196	own motion or on good cause shown by any party, including any
197	guardian ad litem, attorney, or attorney ad litem who has been
198	appointed to represent the child or his or her interests, the
199	court may review the status more frequently than required in
200	this paragraph.
201	(g) If at any time the court determines that the statutory
202	requirements for continued use of the psychotropic medication
203	are not being met, the court may, in the best interests of the
204	child, order the department to either produce evidence of
205	compliance with the requirements of this section or obtain a
206	medical opinion that continued use of the medication under the
207	circumstances is safe and medically appropriate. If at any time
208	the court determines that the additional medical, counseling, or
209	other services that the prescribing physician believes are
210	necessary or would be beneficial for the treatment of the
211	child's medical condition and that the physician expects or
212	advises to be provided to the child in concert with the
213	medication are not being provided, the court may, in the best
214	interests of the child, order the department to either produce
215	evidence of compliance with the requirement of providing those
216	services or obtain a medical opinion that such services are not
217	medically appropriate.
218	(h) The department shall adopt rules to ensure that
219	children receive timely access to clinically appropriate
220	psychotropic medications. These rules must, at a minimum,
221	describe a uniform process for obtaining informed consent and
222	procedures for obtaining court authorization, including adoption
223	of uniform forms to be used in requesting court authorization
224	for use of psychotropic medication.
225	(5)(4)A judge may order a child in an out-of-home
226	placement to be treated by a licensed health care professional
227	based on evidence that the child should receive treatment. The
228	judge may also order such child to receive mental health or
229	developmental disabilities services from a psychiatrist,
230	psychologist, or other appropriate service provider. Except as
231	provided in subsection (6)(5), if it is necessary to place the
232	child in a residential facility for such services, the
233	procedures and criteria established in s. 394.467 or chapter 393
234	shall be used, whichever is applicable. A child may be provided
235	developmental disabilities or mental health services in
236	emergency situations, pursuant to the procedures and criteria
237	contained in s. 394.463(1) or chapter 393, whichever is
238	applicable.
239	Section 18. Paragraph (a) of subsection (1) of section
240	39.828, Florida Statutes, is amended to read:
241	39.828 Grounds for appointment of a guardian advocate.--
242	(1) The court shall appoint the person named in the
243	petition as a guardian advocate with all the powers and duties
244	specified in s. 39.829 for an initial term of 1 year upon a
245	finding that:
246	(a) The child named in the petition is or was a drug
247	dependent newborn as described in s. 39.01(31)(30)(g);
248	Section 19. Paragraph (d) of subsection (1) of section
249	419.001, Florida Statutes, is amended to read:
250	419.001 Site selection of community residential homes.--
251	(1) For the purposes of this section, the following
252	definitions shall apply:
253	(d) "Resident" means any of the following: a frail elder
254	as defined in s. 400.618; a physically disabled or handicapped
255	person as defined in s. 760.22(7)(a); a developmentally disabled
256	person as defined in s. 393.063(12); a nondangerous mentally ill
257	person as defined in s. 394.455(18); or a child as defined in s.
258	39.01(15)(14), s. 984.03(9) or (12), or s. 985.03(8).
259	Section 20. Paragraph (b) of subsection (1) of section
260	743.0645, Florida Statutes, is amended to read:
261	743.0645 Other persons who may consent to medical care or
262	treatment of a minor.--
263	(1) As used in this section, the term:
264	(b) "Medical care and treatment" includes ordinary and
265	necessary medical and dental examination and treatment,
266	including blood testing, preventive care including ordinary
267	immunizations, tuberculin testing, and well-child care, but does
268	not include surgery, general anesthesia, provision of
269	psychotropic medications, or other extraordinary procedures for
270	which a separate court order, power of attorney, or informed
271	consent as provided by law is required, except as provided in s.
272	39.407(3)(a).
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275	================= T I T L E A M E N D M E N T =================
276	Between lines 76 and 77, insert:
277
278	amending s. 39.01, F.S.; defining the term "child resource
279	record"; amending ss. 39.0015, 39.205, 39.302, 39.828, and
280	419.001, F.S.; conforming cross references; amending s. 39.407,
281	F.S.; specifying conditions under which the Department of
282	Children and Family Services may consent to the dispensing of
283	psychotropic medication to a child in out of home placement with
284	the department prior to a court order; providing requirements
285	for a petition to the court for authority to dispense
286	psychotropic medication to such a child; providing for prior
287	review of the child's medical history and evidence demonstrating
288	that the treatment is appropriate for the child's condition;
289	providing for the burden of proof; providing for further medical
290	consultation, including second opinions, under certain
291	circumstances; providing conditions for discontinuation of
292	prescribed psychotropic medication or for the provision of other
293	services; providing for periodic court review of the child's
294	progress; directing the department to adopt rules; amending s.
295	743.0645, F.S.; providing an exception to the limitations on the
296	dispensing of psychotropic medications;