(1) Parents or legal guardians retain the right to consent to or decline the administration of psychotropic medications for children taken into state care until such time as their parental rights, or court ordered guardianship or custodial rights, have been terminated.
    (2) In no case may the child protective investigator (CPI), case manager, child’s caregiver, or staff from Residential Treatment Centers provide express and informed consent for a child in out-of-home care to be prescribed a psychotropic medication.
    (3) If the parents’ or guardians’ legal rights have been terminated, their identity or location is unknown, they decline to approve administration of psychotropic medication, or withdraw consent to the administration of psychotropic medication and any party to the dependency action believes that administration of the medication is in the best interest of the child and medically necessary, then authorization to treat with psychotropic medication shall be pursued as follows:
    (a) The case manager shall consult with the prescribing physician or psychiatric nurse within one (1) business day of being notified that the parent:
    1. Is unavailable,
    2. Withdraws consent,
    3. Declines to consent, or
    4. Is found by the prescribing physician or psychiatric nurse to lack the ability to provide express and informed consent.
    (b) If the prescribing physician or psychiatric nurse determines that the medication is medically necessary for the child despite the lack of authorization, the case manager must obtain a completed Medical Report, incorporated by reference in Fl. Admin. Code R. 65C-35.001, from the prescribing physician or psychiatric nurse. If the parent or legal guardian withdraws consent that was previously provided or declines to consent to the administration of psychotropic medication, the parent or legal guardian’s decision, and any reason provided therefore, must be recorded by the prescribing physician or psychiatric nurse in the Medical Report. If the prescribing physician or psychiatric nurse determines that the parent or legal guardian cannot provide express and informed consent, the basis for that determination must be recorded by the prescribing physician or psychiatric nurse in the Medical Report.
    (c) Within three (3) business days of receiving the Medical Report from the prescribing physician or psychiatric nurse, the child welfare professional must submit the Medical Report and any supporting documentation to Children’s Legal Services, with a request for legal action to obtain a court order authorizing the administration of the prescribed medication.
    (d) Children’s Legal Services must file a motion seeking court authorization for the provision of the psychotropic medication. Except as provided in Section 39.407(3)(e), F.S., court authorization must occur before the psychotropic medication is administered to the child.
    (4) Psychotropic medications may be administered in advance of a court order or parental authorization in accordance with Sections 39.407(3)(b)1. and 39.407(3)(e), F.S.
Rulemaking Authority 39.407(3)(g) FS. Law Implemented 39.407(2), (3) FS. History-New 3-17-10, Amended 4-20-17, 5-28-18, 12-3-19.