Florida Statutes § 39.407

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)

• Continuation of Psychotropic Medication – Pre-Shelter Hearing. § 39.407(3)(b)(1).

• Continuation of Psychotropic Medication – Shelter Hearing to Arraignment Hearing  § 39.407(3)(b)(3)

• Continuation of Psychotropic Medication – Before Filing of Dependency Petition.    § 39.407(3)(b)(4)

• Contents of the Department’s Motion.  The motion seeking the court’s authorization to initiate or continue psychotropic medication must include the following: § 39.407(3)(c)

• Emergencies when psychotropic medication must be given before court authorization. § 39.407(3)(e)(1).

• Hospital, crisis stabilization units and statewide inpatient programs § 39.407(3)(e)(2)

• 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).

Florida Administrative Code

Florida Administrative Code 65C-35  (Effective 3/17/10) Psychotropic Medication for Children in Out of Home Care.

Florida Administrative Code 65C-28.016 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