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Mental Health Disorders
Florida Mental Health Act (§§ 394.451-394.4789)
Florida Baker Act, Florida Statutes 394 Part I
The Florida Department of Children and Families provides a variety of required and recommended Baker Act forms - includes links to free on-line training; receiving facility directory; and Baker Act updates
Mental Health Act Regulation, F.A.C. 65E-5
Interstate Compact on Mental Health (§§ 394.479-394.484)
Comprehensive Child and Adolescent Mental Health Services (§§ 394.490-394.4995)
Community Substance Abuse and Mental Health Services (§§ 394.65-394.9085)
Other persons who may consent to medical care or treatment of a minor §743.0645
Psychotropic Medications
Florida Statutes § 39.407 (2008) Medical, psychiatric, and psychological examination and treatment of child; physical, mental, or substance abuse examination of person with or requesting child custody
- Consent. The prescribing physician shall attempt to obtain express and informed consent of parents or legal guardians. The department must continue to try to get consent. § 39.407 (3)(a)(1). Consent is defined in § 394.455(9) and § 394.459(3)(a)
- Judicial Reviews. The department must inform the court, as part of the social services report, of the child's medical and behavioral status. § 39.407(3)(f(1).
Psychotropic Medications
Florida Administrative Code 65C-30.011 Placement Responsibilities of the Services Worker or Child Protective Investigator
Florida Rules of Juvenile Procedure: Rule 8.355. Administration of Psychotropic Medication to a Child in Shelter Care or in Foster Care when Parental Consent has not been Obtained
Department of Children and Families Operating Procedure CFOP 175-98. Pre-Consent Review for Psychotropic Medication Treatment Plans for Children from Birth through Age 5 in Out of Home Placement
Residential Group Care
Florida Statutes § 39.523 Placement in residential group care.
Florida Rules of Juvenile Procedure: Rule 8.350
Florida Administrative Code 65C-28.015 Initial Consideration of Need for Residential Treatment.
Florida Administrative Code 65E-10.021 Standards for Residential Treatment Programs Serving Emotionally Disturbed Children and Adolescent
Florida Administrative Code 65E-9.012 Rights of Children
Comprehensive Behavioral Health Assessments
§ 39.407 Medical, psychiatric, and psychological examination and treatment of child; physical, mental, or substance abuse examination of person with or requesting child custody
COMPREHENSIVE BEHAVIORAL
HEALTH ASSESSMENTS
(“CBHA’s”)
FOR CHILDREN IN STATE CARE
Florida Baker Act
Florida Baker Act, Florida Statutes 394 Part I
Mental Health Act Regulation, F.A.C. 65E-5
Baker Act Training - On-Line. This Baker Act training provides an overview for a wide variety of persons who need to be familiar with the Baker Act and its procedures, including law enforcement, mental health professionals, hospital personnel, attorneys, advocates, case managers, nursing home/Assisted Living Facilities (ALF) staff, protective service workers, and others.
2008 Attorney General's Opinion: A Physician Assistant can initiate a Baker Act
2008 Revised Rules for Restraint and Seclusion
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