Fla. Admin. Code Ann. R. 63M-2.0051 - Routine Consent - Authority for Evaluation and Treatment (AET)

(1) Because a signed AET is essential to providing routine health services to youth, an effort must be made to obtain a signed AET as early as possible during the youth's intake and stay.

(2) Department staff shall obtain routine consent for health services, either through a signed AET or a referenced alternative, under the following procedure:

(a) If the parent, guardian, or assigned custodian is available at the detention screening a JPO/designee must explain the AET and obtain the required signature. If the parent, guardian, or assigned custodian is available during the youth's detention stay the detention representative/medical provider must explain the AET and obtain the required signature.

(b) If the parent, guardian, or assigned custodian is not available during the detention screening, an assigned JPO shall schedule an intake conference with the parent, guardian, or assigned custodian for the purpose of completing the AET at the earliest possible time and within 7 days of admission.

(c) If the parent, guardian, or assigned custodian has expressed objection to signing the department AET, a JPO/designee will work with DJJ counsel to assist in obtaining a court order for medical services.

(d) If a youth arrives at a detention center or residential commitment program without a signed AET, the facility administrator or designee must immediately contact the respective Chief Probation Officer or designee for assistance with the parent, guardian or assigned custodian.

(e) For detained youth who have not been committed to the department, and for whom an AET has not yet been obtained, the detention superintendent or the person in charge of the detention center or facility, or his or her designee, shall authorize a Healthcare Admission Screening as per Rule 63M-2.0041, F.A.C., to determine if the youth is in need of medical care or isolation via the execution of the Limited Consent for Evaluation and Treatment form. The Limited Consent for Evaluation and Treatment (HS 057, May 2024) is incorporated into this rule and is available electronically at http://www.flrules.org/Gateway/reference.asp?No=Ref-17504. For additional, non-emergency care and treatment, consent shall be obtained as follows:

1. Authorization for additional examination and treatment, including the continued provision of currently prescribed medication, specified over-the-counter medications, and other routine services shall be provided as authorized by the youth's parent, guardian, or assigned custodian in a signed Authority for Evaluation and Treatment (HS 002, February 2010).

2. Where a signed AET has not been obtained, and the person with the power to consent to examination or treatment cannot be contacted after a diligent search, and has not expressly objected to consent, the Detention Facility Superintendent or Assistant Facility Superintendent may consent to ordinary and necessary medical treatment, including immunizations, and dental examination and treatment as set forth in section 743.0645, F.S. The assigned JPO shall conduct the diligent search as set forth in the form Affidavit of Diligent Effort (HS 056, January 2012), which is incorporated into this rule and is available electronically at http://www.flrules.org/Gateway/reference.asp?No=Ref-03806. The assigned JPO shall complete the Affidavit of Diligent Effort and attach to the youth's Limited Consent for Evaluation and Treatment (HS 057). The Facility Superintendent providing the consent for the youth shall sign the Limited Consent for Evaluation and Treatment.

3. Where the youth is in the dependency system and is served by the Department of Children and Families, the following process applies:

a. Where parental rights have not been terminated and the youth is in out-of-home care, such as a foster home, group home, or unlicensed caregiver, the parent shall be contacted to sign the AET.

b. Parental consent is not required where the court order placing the youth in out-of-home care specifically gives authority to consent to ordinary medical treatment to the Department of Children and Families or the out-of-home caregiver. Where these circumstances exist, either the Department of Children and Families or the court assigned out-of-home caregiver may consent to ordinary medical treatment by executing the Limited Consent for Evaluation and Treatment (HS 057).

c. Where parental rights have been terminated and the youth is in the custody of the Department of Children and Families, the Department of Children and Families or its contracted service provider may consent to ordinary medical treatment by executing the Limited Consent for Evaluation and Treatment (HS 057).

d. Where parental rights have been terminated and the youth is prescribed psychotropic medications refer to subsection 63M-2.00315(9), F.A.C.

(f) For youth committed to the department; prior to admission to a residential commitment program of a youth under 18 years of age or a youth 18 years of age or older who is incapacitated as defined in section 744.102, F.S., the youth's JPO shall provide the residential commitment program with an original or a legible copy of the signed AET or a court order addressing the provision of routine physical and mental healthcare. The Limited Consent for Evaluation and Treatment (HS 057) is not applicable for use in residential commitment programs. However, when a youth is 18 years of age or older and not incapacitated, or otherwise emancipated as provided in section 743.01 or 743.015, F.S., no AET or court order is required since the youth is responsible for authorizing his or her own physical and mental health care.

Notes

Fla. Admin. Code Ann. R. 63M-2.0051

Rulemaking Authority 985.64(2) FS. Law Implemented 985.64(2), 985.145, 985.18 FS.

New 3-16-14, Amended by Florida Register Volume 51, Number 014, January 22, 2025 effective 2/5/2025.

New 3-16-14.