65C-35.005. Child Involvement in Treatment Planning

(1) The prescribing physician or psychiatric nurse must discuss the proposed course of treatment with the child, in developmentally appropriate language the child can understand. The physician or psychiatric nurse must explain the risks and benefits of the prescribed medication to the child.

The physician or psychiatric nurse will discuss with the child the following:

(a) The medication proposed;

(b) The reason for the medication;

(c) The signs or symptoms to report to caregivers;

(d) Alternative treatment options;

(e) The method of administering the medication;

(f) An explanation of the nature and purpose of the treatment;

(g) The recognized side effects, risks and contraindications of the medication;

(h) Drug-interaction precautions;

(i) Possible side effects of stopping the medication;

(j) How treatment will be monitored; and,

(k) The physician or psychiatric nurse plan to reduce and/or eliminate ongoing administration of the medication.

(2) The prescribing physician or psychiatric nurse must ascertain the child’s position with regard to the medication and consider whether to revise the recommendation based on the child’s input. The child’s position must be noted in the Medical Report, incorporated by reference in Rule 65C-35.001, F.A.C. The child protective investigator (CPI) or case manager shall provide the child with a copy of the Medical Report if the child is of sufficient maturity and intellectual capacity to understand the report.

(a) It is the physician or psychiatric nurse responsibility to inform the child as clearly as possible and as fully as is appropriate. However, the child’s failure to understand or assent to treatment is not, by itself, sufficient to prevent the administration of a prescribed medication. Likewise, the child’s assent to the treatment is not a substitute for expressed and informed consent by a parent or legal guardian or a court order. Children are more likely to be successful in treatment if they fully understand and participate in treatment decisions.

(b) The CPI or case manager shall request that Children’s Legal Services file a motion for the appointment of an attorney for the child when the child declines to assent or the prescribing physician or psychiatric nurse determines that the child is not developmentally able to provide assent, or when the child has a diagnosis of a developmental disability as defined in Section 393.063, F.S.

(3) Whenever the child requests the discontinuation of the psychotropic medication, and the prescribing physician or psychiatric nurse refuses to order the discontinuation, the CPI or case manager shall request that Children’s Legal Services request an attorney be appointed for the child. Children’s Legal Services will notice all parties and file a motion with the court, presenting the child’s concerns, the physician or psychiatric nurse’s recommendation, and any other relevant information, pursuant to Section 39.407(3)(d)1., F.S.

Rulemaking Authority 39.01305, 39.407(3)(g) FS. Law Implemented 39.01305, 39.407(3) FS. History–New 3-17-10, Amended 4-20-17, 5-28-18, 12-3-19.