Home > For Everyone > Family Law > Children > Florida Regulations 65C-35.009 - Parent or Legal Guardian Rights Terminated; Parent or Legal Guardian Refuses to Participate; or Parent or Legal Guardian Location or Identify Unknown
(1) Whenever the parent or legal guardian rights have been terminated, the parent/legal guardian refuses to participate in the child’s treatment, or the parent or legal guardian’s location or identity is unknown or cannot reasonably be ascertained, the Department must seek court approval for the administration of psychotropic medication.
(2) The dependency case manager or child protective investigator must obtain from the prescribing physician the completed Medical Report.
(3) Within three (3) business days of receiving the Medical Report from the prescribing physician, the dependency case manager or child protective investigator must submit the Medical Report and other documentation to Children’s Legal Services, with a request for court authorization to administer the prescribed medication.
(4) Children’s Legal Services must file a motion in court that will allow the court to “hear” the request and upon consideration of the facts, circumstances, and law, authorize the provision of the medication. Children’s Legal Services shall notify all parties. Court authorization must occur before the psychotropic medication is administered to the child.
Rulemaking Authority 39.407(3)(g) FS. Law Implemented 39.407(3) FS. History–New 3-17-10.
Laws implemented by this Rule: Florida Statutes § 39.407