Florida Administrative Code › 65 - DEPARTMENT OF CHILDREN AND FAMILIES › 65C - Family Safety and Preservation Program › Chapter 65C-35 - PSYCHOTROPIC MEDICATION FOR CHILDREN IN OUT OF HOME CARE › Section 65C-35.001 - Definitions

Current through Reg. 50, No. 138; July 16, 2024
(1) "Assent" means a process by which a
				provider of medical services helps the patient achieve a developmentally
				appropriate awareness of the nature of his or her condition; informs the
				patient of what can be expected with tests and treatment; makes a clinical
				assessment of the patient's understanding of the situation and the factors
				influencing how he or she is responding; and solicits an expression of the
				patient's willingness to accept the proposed care.
(2) "Behavioral Health Assessment" means
				Comprehensive Behavioral Health Assessments as outlined in the Medicaid
				Community Behavioral Health Services Coverage and Limitations Handbook and all
				other assessments performed by mental health professionals. The Medicaid
				Community Behavioral Health Services Coverage and Limitations Handbook, March
				2014, is hereby incorporated by reference and available at
http://www.flrules.org/Gateway/reference.asp?No=Ref-08083
.
(3) "Caregiver" means a person who is
				approved in writing by the Department as responsible for providing for the
				child's daily needs, or any other person legally responsible for the child's
				welfare in a residential setting.
(4) "Case Manager" means a child welfare
				professional who is responsible for ongoing safety management and service
				provision of children who, through assessment by a child protective
				investigator, have been determined to be unsafe.
(5) "Case Plan" means the dependency case
				plan as defined in Section
				 39.01(11),
				F.S., which refers to the services plan jointly developed between the family
				and dependency case manager, delineating specific interventions aimed at
				addressing the contributing factors and underlying conditions that led to child
				maltreatment.
(6) "Chemical
				Restraint" means the use of a medication as a restraint to control behavior or
				restrict freedom of movement that is not an accepted treatment for the person's
				medical or psychiatric condition.
(7) "Children's Legal Services (CLS)" means
				Department of Children and Families attorneys or attorneys from contracted
				entities dedicated to representing the Department in Chapter 39, F.S.,
				proceedings.
(8) "Child Protective
				Investigator (CPI)" means a child welfare professional who is responsible for
				investigating alleged child maltreatment and conducting assessments regarding
				the safety of children.
(9)
				"Community-based Care Lead Agency" means the not-for-profit or governmental
				community-based care provider responsible for the provision of support and
				services for eligible children who have been abused, abandoned, or neglected
				and their families.
(10) "Current
				Prescription" means a medication that is prescribed to the child and that the
				child is being administered or is directed to be administered at the time the
				child is taken into custody.
(11)
				"Department" means the Department of Children and Families.
(12) "Express and Informed Consent" means
				voluntary written consent from a competent person who has received full,
				accurate, and sufficient information and explanation about a child's medical
				condition, medication, and treatment to enable the person to make a
				knowledgeable decision without being subjected to any deceit or coercion.
				Express and informed consent for the administration of psychotropic medication
				may only be given by a parent whose rights have not been terminated, or a legal
				guardian of the child. Sufficient explanation includes the following
				information, provided and explained in plain language by the prescribing
				physician or psychiatric nurse to the consent giver: the medication, reason for
				prescribing it, and its purpose or intended results; side effects, risks, and
				contraindications, including effects of stopping the medication; method for
				administering the medication, and dosage range when applicable; potential drug
				interactions; alternative treatments; and the behavioral health or other
				services used to complement the use of medication, when applicable.
(13) "Florida Safe Families Network (FSFN)"
				means the Department's comprehensive, statewide automated case tool that
				supports child welfare practice. FSFN holds the state's official case file for
				all children and families served. FSFN is the Statewide Automated Child Welfare
				Information System (SACWIS) for the state of Florida.
(14) "Guardian ad Litem" is defined in
				Section  39.820(1),
				F.S.
(15) "Lead Agency" means the
				not-for-profit or governmental community-based care provider responsible for
				the provision of support and services for eligible children who have been
				abused, abandoned, or neglected and their families.
(16) "Legal Guardian" means a permanent
				guardian as described in Section
				 39.6221, F.S., or a "guardian"
				as defined in Section
				 744.102, F.S., or a relative
				with a court order of temporary custody under Chapter 751, F.S. Case managers
				and Guardians ad Litem do not meet the definition of legal guardian.
(17) "Medical Report" means a report prepared
				by the prescribing physician or psychiatric nurse that includes information
				required by Section  39.407(3)(c),
				F.S. The "Medical Report" form, CF-FSP 5339, Sept 2019, is hereby incorporated
				by reference and available at
http://www.flrules.org/Gateway/reference.asp?No=Ref-11323
.
(18) "Out-of-Home Care" means the placement
				of a child in licensed and non-licensed settings, arranged and supervised by
				the Department or contracted service provider, outside of the home of the
				parent.
(19) "Pre-Consent Review"
				means a review by a child psychiatrist of a proposed medication regimen to
				determine whether or not the proposed prescribed medication and dosage are
				consistent with accepted medical practice given the diagnosis and physical
				condition of the child. A pre-consent review is not a second opinion.
(20) "Prescribing Physician" means a
				physician licensed under Chapter 458 or 459, F.S.
(21) "Psychiatric Nurse" means an advanced
				nurse practitioner certified under Chapter 464, F.S. and defined in Chapter
				394, F.S.
(22) "Psychotropic
				Medication" means any medication prescribed with the intent to stabilize or
				improve mood, mental status, behavioral symptomatology, or mental illness and
				those substances, though prescribed with the intent to treat other medical
				conditions, have the effect of altering brain chemistry, including any
				medications in the following categories.
(a)
				Antipsychotics;
(b)
				Antidepressants;
(c) Sedative
				Hypnotics;
(d) Lithium;
(e) Stimulants
(f) Non-stimulant Attention Deficit
				Hyperactivity Disorder medication;
(g) Anti-dementia medications and cognition
				enhancers; and
(h)
				Anticonvulsants.