Dependency Law Finder

Florida's dependency statutes, court rules and DCF operating procedures, with the appellate opinions that apply them

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Behavioral Health Services.Rule 65C-35.002

Chapter 65C-35 · Psychotropic Medication for Children in Out of Home Care · flrules.org · in effect since 2019-12-03

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(1) Behavioral health services shall be provided to children in out-of-home care once the need for such services is identified. Prior to prescribing a psychotropic medication, the physician or psychiatric nurse must consider other treatment interventions that may include medical, mental health, behavioral, counseling, or other services. All decision-making shall be guided by the principle that it is important to comprehensively address all of the concerns in a child’s life – family, legal, health, education, and social/emotional issues – as well as to provide behavioral supports and parent training, so that a child’s behavioral and mental health issues can be addressed in the least restrictive setting and in a comprehensive treatment plan.

(2) The child’s case manager shall ensure that all behavioral health services that are identified in behavioral health assessments or prescribed by a medical or mental health professional have been integrated into the child’s case plan and are provided to the child.

(3) Prior to prescribing a psychotropic medication, the physician or psychiatric nurse must consider the child’s history for conditions that may indicate the presence of brain injury (for example, blows to head, fetal alcohol syndrome, loss of consciousness, head scars, fever above 104°) and document any follow-up assessments or referrals on the Medical Report.

(4) The administration of medication for the sole purpose of chemical restraint is strictly prohibited.

Rulemaking authority. § 39.407, § 39.0121, Fla. Stat. Law implemented. § 39.407, Fla. Stat.

History. New 3-17-10, Amended 4-20-17, 5-28-18, 12-3-19.