Fla. R. Juv. P. 8.355

(a) Motion for Court Authorization for Administration of

Psychotropic Medications.

(1) Whenever the department believes that a child in its

physical or legal custody requires the administration of a

psychotropic medication, and the child’s parents or legal guardians

have not provided express and informed consent as provided by

law, the department or its agent shall file a motion with the court to

authorize the administration of the psychotropic medication before

the administration of the medication, except as provided in

subdivision (c) of this rule. In all cases in which a motion is

required, the motion shall include the following information:

(A) the written report of the department describing

the efforts made to enable the prescribing physician or psychiatric

nurse to obtain express and informed consent for providing the

medication to the child and describing other treatments considered

or recommended for the child;

(B) the prescribing physician’s or psychiatric

nurse’s signed medical report, as required by law; and

(C) whether the prescribing physician or

psychiatric nurse has obtained the child’s assent to take the

medication.

(2) If the child declines to assent to the proposed

administration of psychotropic medication the court shall appoint

an attorney to represent the child and a hearing shall be held on

the department’s motion. The appointment shall conform to the

provisions of rule 8.231.

(3) The department must serve a copy of the motion,

and notify all parties and the child’s attorney, if appointed, of its

proposed administration of psychotropic medication to the child in

writing, or by whatever other method best ensures that all parties

receive notification of the proposed action, within 48 hours after

filing the motion for court authorization.

(4) If any party other than the child objects to the

proposed administration of the psychotropic medication to the

child, that party must file its objection within 2 working days after

being notified of the department’s motion.

(b) Court Action on Department’s Motion for

Administration of Psychotropic Medication.

(1) If the child assents and no party timely files an

objection to the department’s motion, the court may enter its order

authorizing the proposed administration of the psychotropic

medication without a hearing. Based on its determination of the

best interests of the child, the court may order additional medical

consultation or require the department to obtain a second opinion

within a reasonable time, not more than 21 calendar days. When

the court orders an additional medical consultation or second

medical opinion, the department shall file a written report including

the results of this additional consultation or a copy of the second

medical opinion with the court within the time required by the

court, and shall serve a copy of the report as required by

subdivision (a)(2) of this rule.

(2) If the child does not assent to the medication or any

party timely files its objection to the proposed administration of the

psychotropic medication to the child, the court shall hold a hearing

as soon as possible on the department’s motion.

(A) At such hearing, the medical report of the

prescribing physician or psychiatric nurse is admissible in

evidence.

(B) At such hearing, the court shall ask the

department whether additional medical, mental health, behavioral,

counseling, or other services are being provided to the child that the

prescribing physician or psychiatric nurse considers to be

necessary or beneficial in treating the child’s medical condition, and

which the physician or psychiatric nurse recommends or expects to

be provided to the child with the medication.

(C) The court may order additional medical

consultation or a second medical opinion, as provided in

subdivision (b)(1) of this rule.

(D) After considering the department’s motion and

any testimony received, the court may order that the department

provide or continue to provide the proposed psychotropic

medication to the child, on a determination that it is in the child’s

best interest to do so.

(c) Emergency Situations.

(1) Shelter Care. When a child is initially removed from

the home and taken into custody under section 39.401, Florida

Statutes, and the department continues to administer a current

prescription of psychotropic medication to the child, the department

shall request court authorization for the continued administration

of the medication at the shelter hearing. This request shall be

included in the shelter petition.

(A) The department shall provide all information

in its possession to the court in support of its request at the shelter

hearing. The court may authorize the continued administration of

the psychotropic medication only until the arraignment hearing on

the petition for adjudication, or for 28 days following the date of the

child’s removal, whichever occurs first.

(B) When the department believes, based on the

required physician’s evaluation, that it is appropriate to continue

the psychotropic medication beyond the time authorized by the

court at the shelter hearing, the department shall file a motion

seeking continued court authorization at the same time as it files

the dependency petition, within 21 days after the shelter hearing.

(2) When Delay Would Cause Significant Harm.

Whenever the department believes, based on the certification of the

prescribing physician or psychiatric nurse, that delay in providing

the prescribed psychotropic medication to the child would, more

likely than not, cause significant harm to the child, the department

must submit a motion to the court seeking continuation of the

medication within 3 working days after the department begins

providing the medication to the child.

(A) The motion seeking authorization for the

continued administration of the psychotropic medication to the

child shall include all information required in subdivision (a)(1) of

this rule. The required medical report must also include the specific

reasons why the child may experience significant harm, and the

nature and the extent of the potential harm, resulting from a delay

in authorizing the prescribed medication.

(B) The department shall serve the motion on all

parties within 3 working days after the department begins providing

the medication to the child.

(C) The court shall hear the department’s motion

at the next regularly scheduled court hearing required by law, or

within 30 days after the date of the prescription, whichever occurs

sooner. However, if any party files an objection to the motion, the

court shall hold a hearing within 7 days.

(3) In Emergency Psychiatric Placements. The

department may authorize the administration of psychotropic

medications to a child in its custody in advance of a court order in

hospitals, crisis stabilization units, and in statewide inpatient

psychiatric programs. Should the department do so, it must seek

court authorization for the continued administration of the

medication as required in subdivision (a) of this rule.

D. CASE PLANS