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2014 California Rules of Court

Rule 5.640. Psychotropic medications

(a) Definition (§§ 369.5(d), 739.5(d))

For the purposes of this rule, "psychotropic medication" means those medications prescribed to affect the central nervous system to treat psychiatric disorders or illnesses. They may include, but are not limited to, anxiolytic agents, antidepressants, mood stabilizers, antipsychotic medications, anti-Parkinson agents, hypnotics, medications for dementia, and psychostimulants.

(Subd (a) amended effective January 1, 2009; previously amended effective January 1, 2007.)

(b) Authorization to administer (§§ 369.5, 739.5)

(1)Once a child is declared a dependent child of the court and is removed from the custody of the parents or guardian, only a juvenile court judicial officer is authorized to make orders regarding the administration of psychotropic medication to the child.

(2)Once a child is declared a ward of the court, removed from the custody of the parents or guardian, and placed into foster care, as defined in Welfare and Institutions Code section 727.4, only a juvenile court judicial officer is authorized to make orders regarding the administration of psychotropic medication to the child.

(Subd (b) amended effective January 1, 2009.)

(c) Procedure to obtain authorization

(1)Application Regarding Psychotropic Medication (form JV-220), Prescribing Physician's Statement-Attachment (form JV-220(A)), Proof of Notice: Application Regarding Psychotropic Medication (form JV-221), Opposition to Application Regarding Psychotropic Medication (form JV-222), and Order Regarding Application for Psychotropic Medication (form JV-223) must be used to obtain authorization to administer psychotropic medication to a dependent child of the court who is removed from the custody of the parents or guardian, or to a ward of the court who is removed from the custody of the parents or guardian and placed into foster care.

(2)Additional information may be provided to the court through the use of local forms that are consistent with this rule.

(3)Local county practice and local rules of court determine the procedures for completing and filing the forms and for the provision of notice, except as otherwise provided in this rule. The person or persons responsible for providing notice as required by local court rules or local practice protocols are encouraged to use the most expeditious manner of service possible to ensure timely notice.

(4)An application must be completed and presented to the court, using Application Regarding Psychotropic Medication (form JV-220) and Prescribing Physician's Statement-Attachment (form JV-220(A)). The court must approve, deny, or set the matter for a hearing within seven court days of the receipt of the completed application.

(5)Application Regarding Psychotropic Medication (form JV-220) may be completed by the prescribing physician, medical office staff, child welfare services staff, probation officer, or the child's caregiver. The physician prescribing the administration of psychotropic medication for the child must complete and sign Prescribing Physician's Statement-Attachment (form JV-220(A)).

(6)Prescribing Physician's Statement-Attachment (form JV-220(A)) must include all of the following:

(A)The diagnosis of the child's condition that the physician asserts can be treated through the administration of the medication;

(B)The specific medication recommended, with the recommended maximum daily dosage and length of time this course of treatment will continue;

(C)The anticipated benefits to the child of the use of the medication;

(D)A description of possible side effects of the medication;

(E)A list of any other medications, prescription or otherwise, that the child is currently taking, and a description of any effect these medications may produce in combination with the psychotropic medication;

(F)A description of any other therapeutic services related to the child's mental health status; and

(G)A statement that the child has been informed in an age-appropriate manner of the recommended course of treatment, the basis for it, and its possible results. The child's response must be included.

(7)Notice must be provided to the parents or legal guardians, their attorneys of record, the child's attorney of record, the child's Child Abuse Prevention and Treatment Act guardian ad litem, the child's current caregiver, the child's Court Appointed Special Advocate, if any, and where a child has been determined to be an Indian child, the Indian child's tribe (see also 25 U.S.C. § 1903(4)-(5); Welf. and Inst. Code, §§ 224.1(a) and (e) and 224.3).

Notice must be provided as follows:

(A)Notice to the parents or legal guardians and their attorneys of record must include:

(i)A statement that a physician is asking to treat the child's emotional or behavioral problems by beginning or continuing the administration of psychotropic medication to the child and the name of the psychotropic medication;

(ii)A statement that an Application Regarding Psychotropic Medication (form JV-220) and a Prescribing Physician's Statement-Attachment (form JV-220(A)) are pending before the court;

(iii)A copy of Information About Psychotropic Medication Forms (form JV-219-INFO) or information on how to obtain a copy of the form; and

(iv)A blank copy of Opposition to Application Regarding Psychotropic Medication (form JV-222) or information on how to obtain a copy of the form.

(B)Notice to the child's current caregiver and Court Appointed Special Advocate, if one has been appointed, must include only:

(i)A statement that a physician is asking to treat the child's emotional or behavioral problems by beginning or continuing the administration of psychotropic medication to the child and the name of the psychotropic medication; and

(ii)A statement that an Application Regarding Psychotropic Medication (form JV-220) and a Prescribing Physician's Statement-Attachment (form JV-220(A)) are pending before the court;

(C)Notice to the child's attorney of record and any Child Abuse Prevention and Treatment Act guardian ad litem for the child must include:

(i)A completed copy of the Application Regarding Psychotropic Medication (form JV-220);

(ii)A completed copy of the Prescribing Physician's Statement-Attachment (form JV-220(A));

(iii)A copy of Information About Psychotropic Medication Forms (form JV-219-INFO) or information on how to obtain a copy of the form; and

(iv)A blank copy of Opposition to Application Regarding Psychiatric Medication (form JV-222) or information on how to obtain a copy of the form.

(D)Notice to the Indian child's tribe must include:

(i)A statement that a physician is asking to treat the child's emotional or behavioral problems by beginning or continuing the administration of psychotropic medication to the child, and the name of the psychotropic medication;

(ii)A statement that an Application Regarding Psychotropic Medication (form JV-220) and a Prescribing Physician's Statement-Attachment (form JV-220(A)) are pending before the court;

(iii)A copy of Information About Psychotropic Medication Forms (form JV-219-INFO) or information on how to obtain a copy of the form; and

(iv)A blank copy of Opposition to Application Regarding Psychotropic Medication (form JV-222) or information on how to obtain a copy of the form.

(E)Proof of notice of the application regarding psychotropic medication must be filed with the court using Proof of Notice: Application Regarding Psychotropic Medication (form JV-221).

(8)A parent or guardian, his or her attorney of record, a child's attorney of record, a child's Child Abuse Prevention and Treatment Act guardian ad litem appointed under rule 5.662 of the California Rules of Court, or the Indian child's tribe that is opposed to the administration of the proposed psychotropic medication must file a completed Opposition to Application Regarding Psychotropic Medication (form JV-222) within four court days of service of notice of the pending application for psychotropic medication.

(9)The court may grant the application without a hearing or may set the matter for hearing at the court's discretion. If the court sets the matter for a hearing, the clerk of the court must provide notice of the date, time, and location of the hearing to the parents or legal guardians, their attorneys of record, the dependent child if 12 years of age or older, a ward of the juvenile court of any age, the child's attorney of record, the child's current caregiver, the child's social worker, the social worker's attorney of record, the child's Child Abuse Prevention and Treatment Act guardian ad litem, the child's Court Appointed Special Advocate, if any, and the Indian child's tribe at least two court days before the hearing. Notice must be provided to the child's probation officer and the district attorney, if the child is a ward of the juvenile court.

(Subd (c) amended effective January 1, 2014; previously amended effective January 1, 2007, January 1, 2008, and January 1, 2009.)

(d) Conduct of hearing

At the hearing on the application, the procedures described in rule 5.570 must be followed. The court may deny, grant, or modify the application for authorization and may set a date for review of the child's progress and condition.

(Subd (d) amended effective January 1, 2007.)

(e) Delegation of authority (§ 369.5)

After consideration of an application and attachments and a review of the case file, the court may order that the parent be authorized to approve or deny the administration of psychotropic medication. The order must be based on the following findings, which must be included in the order: (1) the parent poses no danger to the child, and (2) the parent has the capacity to understand the request and the information provided and to authorize the administration of psychotropic medication to the child, consistent with the best interest of the child.

(Subd (e) amended effective January 1, 2008.)

(f) Continued treatment

If the court grants the request or modifies and then grants the request, the order for authorization is effective until terminated or modified by court order or until 180 days from the order, whichever is earlier. If a progress review is set, it may be by an appearance hearing or a report to the court and parties and attorneys, at the discretion of the court.

(g) Emergency treatment

(1)Psychotropic medications may be administered without court authorization in an emergency situation. An emergency situation occurs when:

(A)A physician finds that the child requires psychotropic medication to treat a psychiatric disorder or illness; and

(B)The purpose of the medication is:

(i)To protect the life of the child or others, or

(ii)To prevent serious harm to the child or others, or

(iii)To treat current or imminent substantial suffering; and

(C)It is impractical to obtain authorization from the court before administering the psychotropic medication to the child.

(2)Court authorization must be sought as soon as practical but in no case more than two court days after the emergency administration of the psychotropic medication.

(Subd (g) amended effective January 1, 2008; previously amended effective January 1, 2007.)

(h) Section 601-602 wardships; local rules

A local rule of court may be adopted providing that authorization for the administration of such medication to a child declared a ward of the court under sections 601 and 602 and removed from the custody of the parent or guardian for placement in a facility that is not considered a foster-care placement may be similarly restricted to the juvenile court. If the local court adopts such a local rule, then the procedures under this rule apply; any reference to social worker also applies to probation officer.

(Subd (h) amended effective January 1, 2009; adopted as subd (i); previously amended effective January 1, 2007; previously relettered effective January 1, 2008.)

Rule 5.640 amended effective January 1, 2014; adopted as rule 1432.5 effective January 1, 2001; previously amended and renumbered effective January 1, 2007; previously amended effective January 1, 2003, January 1, 2008, and January 1, 2009.

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