Fla. Admin. Code Ann. R. 65C-35.001 - Definitions
(1) "Assent" means
a process by which a provider of medical services helps the patient achieve a
developmentally appropriate awareness of the nature of his or her condition;
informs the patient of what can be expected with tests and treatment; makes a
clinical assessment of the patient's understanding of the situation and the
factors influencing how he or she is responding; and solicits an expression of
the patient's willingness to accept the proposed care.
(2) "Behavioral Health Assessment" means
Comprehensive Behavioral Health Assessments as outlined in the Medicaid
Community Behavioral Health Services Coverage and Limitations Handbook and all
other assessments performed by mental health professionals. The Medicaid
Community Behavioral Health Services Coverage and Limitations Handbook, March
2014, is hereby incorporated by reference and available at
http://www.flrules.org/Gateway/reference.asp?No=Ref-08083.
(3) "Caregiver" means a person who is
approved in writing by the Department as responsible for providing for the
child's daily needs, or any other person legally responsible for the child's
welfare in a residential setting.
(4) "Case Manager" means a child welfare
professional who is responsible for ongoing safety management and service
provision of children who, through assessment by a child protective
investigator, have been determined to be unsafe.
(5) "Case Plan" means the dependency case
plan as defined in Section
39.01(11),
F.S., which refers to the services plan jointly developed between the family
and dependency case manager, delineating specific interventions aimed at
addressing the contributing factors and underlying conditions that led to child
maltreatment.
(6) "Chemical
Restraint" means the use of a medication as a restraint to control behavior or
restrict freedom of movement that is not an accepted treatment for the person's
medical or psychiatric condition.
(7) "Children's Legal Services (CLS)" means
Department of Children and Families attorneys or attorneys from contracted
entities dedicated to representing the Department in Chapter 39, F.S.,
proceedings.
(8) "Child Protective
Investigator (CPI)" means a child welfare professional who is responsible for
investigating alleged child maltreatment and conducting assessments regarding
the safety of children.
(9)
"Community-based Care Lead Agency" means the not-for-profit or governmental
community-based care provider responsible for the provision of support and
services for eligible children who have been abused, abandoned, or neglected
and their families.
(10) "Current
Prescription" means a medication that is prescribed to the child and that the
child is being administered or is directed to be administered at the time the
child is taken into custody.
(11)
"Department" means the Department of Children and Families.
(12) "Express and Informed Consent" means
voluntary written consent from a competent person who has received full,
accurate, and sufficient information and explanation about a child's medical
condition, medication, and treatment to enable the person to make a
knowledgeable decision without being subjected to any deceit or coercion.
Express and informed consent for the administration of psychotropic medication
may only be given by a parent whose rights have not been terminated, or a legal
guardian of the child. Sufficient explanation includes the following
information, provided and explained in plain language by the prescribing
physician or psychiatric nurse to the consent giver: the medication, reason for
prescribing it, and its purpose or intended results; side effects, risks, and
contraindications, including effects of stopping the medication; method for
administering the medication, and dosage range when applicable; potential drug
interactions; alternative treatments; and the behavioral health or other
services used to complement the use of medication, when applicable.
(13) "Florida Safe Families Network (FSFN)"
means the Department's comprehensive, statewide automated case tool that
supports child welfare practice. FSFN holds the state's official case file for
all children and families served. FSFN is the Statewide Automated Child Welfare
Information System (SACWIS) for the state of Florida.
(14) "Guardian ad Litem" is defined in
Section 39.820(1),
F.S.
(15) "Lead Agency" means the
not-for-profit or governmental community-based care provider responsible for
the provision of support and services for eligible children who have been
abused, abandoned, or neglected and their families.
(16) "Legal Guardian" means a permanent
guardian as described in Section
39.6221, F.S., or a "guardian"
as defined in Section
744.102, F.S., or a relative
with a court order of temporary custody under Chapter 751, F.S. Case managers
and Guardians ad Litem do not meet the definition of legal guardian.
(17) "Medical Report" means a report prepared
by the prescribing physician or psychiatric nurse that includes information
required by Section 39.407(3)(c),
F.S. The "Medical Report" form, CF-FSP 5339, Sept 2019, is hereby incorporated
by reference and available at
http://www.flrules.org/Gateway/reference.asp?No=Ref-11323.
(18) "Out-of-Home Care" means the placement
of a child in licensed and non-licensed settings, arranged and supervised by
the Department or contracted service provider, outside of the home of the
parent.
(19) "Pre-Consent Review"
means a review by a child psychiatrist of a proposed medication regimen to
determine whether or not the proposed prescribed medication and dosage are
consistent with accepted medical practice given the diagnosis and physical
condition of the child. A pre-consent review is not a second opinion.
(20) "Prescribing Physician" means a
physician licensed under Chapter 458 or 459, F.S.
(21) "Psychiatric Nurse" means an advanced
nurse practitioner certified under Chapter 464, F.S. and defined in Chapter
394, F.S.
(22) "Psychotropic
Medication" means any medication prescribed with the intent to stabilize or
improve mood, mental status, behavioral symptomatology, or mental illness and
those substances, though prescribed with the intent to treat other medical
conditions, have the effect of altering brain chemistry, including any
medications in the following categories.
(a)
Antipsychotics;
(b)
Antidepressants;
(c) Sedative
Hypnotics;
(d) Lithium;
(e) Stimulants
(f) Non-stimulant Attention Deficit
Hyperactivity Disorder medication;
(g) Anti-dementia medications and cognition
enhancers; and
(h)
Anticonvulsants.
(23)
"Residential treatment center" means "Residential treatment center for children
and adolescents" as defined in Section
394.67, F.S.
(24) "Resource Record" means the child's
standardized record that contains copies of all available and accessible
medical and psychological information (including behavioral health information)
pertaining to the child as described in subsections
65C-30.001(21)
and 65C-30.011(4),
F.A.C.
Notes
Rulemaking Authority 39.407(3)(g) FS. Law Implemented 39.407(1), (2), (3) FS.
New 3-17-10, Amended 4-20-17, 6-29-17, 5-28-18, 12-3-19.
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