Florida Administrative Code › 63 - DEPARTMENT OF JUVENILE JUSTICE › 63M - Medical › Chapter 63M-2 - HEALTH SERVICES › Section 63M-2.0051 - Routine Consent - Authority for Evaluation and Treatment (AET)

Current through Reg. 50, No. 138; July 16, 2024
(1) Because a signed AET is essential to
				providing routine health services to youth, the following procedure shall be
				employed to obtain this critical authorization:
(a) If the parent or guardian is available at
				detention screening or during the youth's detention stay, the assigned JPO, or
				staff at the detention center must explain the AET and obtain the required
				signature.
(b) If the parent or
				guardian is not available during detention screening, the assigned JPO shall
				schedule an intake conference with the parent or guardian for the purpose of
				completing the AET.
(c) The
				department representative introducing the AET to the parent or guardian must
				review the basic components of the document with the parent or
				guardian.
(d) If a youth arrives at
				a detention center or residential commitment program without a signed AET, the
				facility administrator or designee must immediately contact the respective
				Chief Probation Officer or designee for assistance.
(e) For detained youth who have not been
				committed to the department, and for whom an AET has not yet been obtained, the
				detention superintendent or the person in charge of the detention center or
				facility, or his or her designee, shall authorize a Healthcare Admission
				Screening as per Rule   63M-2.0041, F.A.C., to determine if the youth is in need
				of medical care or isolation. For additional, non-emergency care and treatment,
				consent shall be obtained as follows:
1.
				Authorization for additional examination and treatment, including the continued
				provision of currently prescribed medication, standard vaccinations, specified
				over-the-counter medications, and other routine services shall be provided as
				authorized by the youth's parent or guardian in a signed Authority for
				Evaluation and Treatment (HS 002, February 2010).
2. Where a signed AET has not been obtained,
				and the person with the power to consent to examination or treatment cannot be
				contacted after a diligent search, and has not expressly objected to consent,
				the Detention Facility Superintendent or Assistant Facility Superintendent may
				consent to ordinary and necessary medical treatment, including immunizations,
				and dental examination and treatment as set forth in Section   743.0645, F.S. The
				assigned JPO shall conduct the diligent search as set forth in the form
				Affidavit of Diligent Effort (HS 056, January 2012), which is incorporated into
				this rule and is available electronically at
http://www.flrules.org/Gateway/reference.asp?No=Ref-03806
,
				or may be obtained by contacting: DJJ, Office of Health Services, 2737
				Centerview Drive, Tallahassee, FL 32399. The assigned JPO shall complete the
				Affidavit of Diligent Effort and attach to the youth's Limited Consent for
				Evaluation and Treatment (HS 057, December 2013), which is incorporated into
				this rule and is available electronically at
http://www.flrules.org/Gateway/reference.asp?No=Ref-03807
,
				or may be obtained by contacting: DJJ, Office of Health Services, 2737
				Centerview Drive, Tallahassee, FL 32399. The Facility Superintendent providing
				the consent for the youth shall sign the Limited Consent for Evaluation and
				Treatment.
3. Where the youth is in
				the dependency system and is served by the Department of Children and Families,
				the following process applies:
a. Where the
				youth has not been removed from the parent's home, the JPO shall obtain the
				parent's consent to ordinary medical treatment by executing the Limited Consent
				for Evaluation and Treatment (HS 057, December 2013).
b. Where parental rights have not been
				terminated and the youth is in out-of-home care, such as a foster home, group
				home, or unlicensed caregiver, the JPO shall contact the Department of Children
				and Families or its contracted service provider to locate the parent to consent
				to ordinary medical treatment by executing the Limited Consent for Evaluation
				and Treatment (HS 057, December 2013). Parental consent is not required where
				the court order placing the youth in out-of-home care specifically gives
				authority to consent to ordinary medical treatment to the Department of
				Children and Families or the out-of-home caregiver. Where these circumstances
				exist, either the Department of Children and Families or the out-of-home
				caregiver may consent to ordinary medical treatment by executing the Limited
				Consent for Evaluation and Treatment (HS 057, December 2013).
c. Where parental rights have been terminated
				and the youth is in the custody of the Department of Children and Families, the
				Department of Children and Families or its contracted service provider may
				consent to ordinary medical treatment by executing the Limited Consent for
				Evaluation and Treatment (HS 057, December 2013).
(f) For youth committed to the department;
				prior to admission to a residential commitment program of a youth under 18
				years of age or a youth 18 years of age or older who is incapacitated as
				defined in Section   744.102(12), F.S., the youth's JPO shall provide the
				residential commitment program with an original or a legible copy of the signed
				AET or a court order addressing the provision of routine physical and mental
				healthcare. However, when a youth is 18 years of age or older and not
				incapacitated, or otherwise emancipated as provided in Section   743.01 or
				  743.015, F.S., no AET or court order is required since the youth is responsible
				for authorizing his or her own physical and mental health
				care.