Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 325 - ADMINISTRATION OF PSYCHOTROPIC MEDICATIONS TO CHILDREN FOR WHOM THE DEPARTMENT OF CHILDREN AND FAMILY SERVICES IS LEGALLY RESPONSIBLE › Section 325.30 - General Provisions

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
			 administration of psychotropic medication is prohibited to children for whom
			 the Department is legally responsible as punishment for disruptive or
			 inappropriate behavior, for the convenience of staff members or caregivers or
			 as a substitute for adequate ongoing programming for the children's
			 needs.
b) Except in an emergency,
			 and subject to subsections (a), (c), (d) and (g), psychotropic medication shall
			 never be administered to children for whom the Department is legally
			 responsible without the prior approval of an authorized agent as set forth in
			 this Part.
c) PRN medications for
			 the purpose of behavioral management, inducing sleep, or treating other
			 emotional, behavioral or psychiatric illnesses are prohibited.
d) One-time, non-emergency medications may be
			 used for the acute management of sleep disturbances or to treat other
			 non-emergent emotional, behavioral or psychiatric symptoms that adversely
			 affect a patient's well being. Licensed prescribers are required to notify the
			 Department's Division of Guardian and Advocacy, in writing, of the
			 administration of an emergency psychotropic medication or a one-time,
			 non-emergency medication.
e) Upon
			 taking protective custody, the Department's investigation specialists shall
			 identify potential medical and mental health issues through contact with the
			 child's parents, relatives, schools or current and/or previous physicians and
			 observation of the child's behaviors. The investigation specialist shall
			 attempt to obtain information on all medications and/or medical equipment
			 needed by the child. If the child is on psychotropic medication, when possible,
			 the investigation specialist shall ensure appropriate consent is provided from
			 the parent or legal guardian.
f)
			 The child's caseworker shall ask parents, relatives and foster parents if the
			 child is on any medications and whether the child has any known or suspected
			 medical or mental health issues. The caseworker shall obtain identified mental
			 health documents and all medications and/or medical equipment needed by the
			 child. If the child is on psychotropic medication, the caseworker shall ensure
			 appropriate consent is provided from the parent or legal guardian to continue
			 administration of that medication.
g) Children for whom the Department is
			 legally responsible who have been committed to facilities operated by the
			 Illinois Department of Corrections or the Illinois Department of Juvenile
			 Justice are governed solely by the rules of the Illinois Department of
			 Corrections (20 Ill. Adm. Code 415, Health Care) which also pertains to
			 committed adults and emancipated minors, the Unified Code of Corrections [730
			 ILCS 5 ], and corrections case law for purposes of the administration of
			 psychotropic medications. In its role as guardian, the Department of Children
			 and Family Services may contest decisions made by the Illinois Department of
			 Corrections or Department of Juvenile Justice in accordance with 20 Ill. Adm.
			 Code 415 regarding the involuntary administration of psychotropic medications
			 to Department wards placed in those facilities.
h) A Psychotropic Medication Consent Form
			 shall be attached as an exhibit to each child's Client Service Plan for each
			 psychotropic medication being administered to the child. The caseworker shall
			 ask each youth age 18 or older to sign a consent for release of information for
			 this purpose.
i) The Department
			 shall provide a Psychotropic Medication Request Form. Copies of the Request
			 Form shall be completed by licensed prescribers prescribing psychotropic
			 medications for wards of the Department. Additionally, the Department shall
			 distribute the Request Form to all substitute care agencies and hospitals in
			 which wards of the Department reside and to all authorized agents. At a
			 minimum, the Request Form shall request the following information:
1) The child's name, date of birth and
			 weight;
2) The medication to be
			 administered;
3) The dosage and
			 frequency of administration;
4) The
			 duration, which in no event shall exceed 180 days;
5) Diagnosis, target symptoms and
			 behavior;
6) Other medications the
			 child is taking;
7) The name and
			 specialty of the licensed prescriber;
8) Whether the child objects to the
			 administration of the medication and the reason for the child's
			 objection;
9) Cultural/ethnic
			 information about the child;
10)
			 Tests/procedures that monitor potential side effects that are of greatest
			 concern;
11) Over the counter or
			 herbal supplements the child is taking;
12) Medications that were discontinued and
			 the reason for the discontinuation; and
13) Whether completion of the form is
			 notification of emergency administration of a psychotropic medication and, if
			 so, a brief explanation of the nature and circumstances for administering that
			 medication.