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2021 California Rules of Court

Rule 5.642. Authorization to release psychotropic medication prescription information to Medical Board of California

(a) Providing authorization forms

Whenever there is an Application for Psychotropic Medication (form JV-220) filed with the court under rule 5.640, the applicant must review the Physician's Statement-Attachment (form JV-220(A)) or Physician's Request to Continue Medication-Attachment (form JV-220(B)) to determine if the request would result in the child being prescribed three or more concurrent psychotropic medications for 90 days or more, as described in section 14028. If the request would result in the child being prescribed three or more psychotropic medications for 90 days or more, the applicant must provide blank copies of Position on Release of Information to Medical Board of California (form JV-228), Background on Release of Information to Medical Board of California (form JV-228-INFO), and Withdrawal of Release of Information to Medical Board of California (form JV-229) to the child and the child's attorney.

(b) Signing authorization form

(1)  Form JV-228 may be signed by either the child, nonminor dependent, or the attorney, with the informed consent of the child if the child is found by the court to be of sufficient age and maturity to consent. Sufficient age and maturity to consent must be presumed, subject to rebuttal by clear and convincing evidence, if the child is 12 years of age or over. If the child does not want to sign form JV-228, the child's attorney may not sign it. The child's attorney may sign form JV-228 with the approval of a child 12 years of age or older, if the child is under 12 years of age, or if the court finds the child not to be of sufficient age and maturity to consent.

(2)  The authorization is for the release of medical records only. It is not an authorization for the release of juvenile court case files as described in section 827.

(c) Filing and sending authorization form

(1)  The child's attorney must review form JV-228 with the child and file it with the superior court.

(2)  Within three court days of filing, the clerk of the superior court must send form JV-228 to the California Department of Social Services at the address indicated on the form.

(d) Withdrawal of authorization

At any time, the child, nonminor dependent, or attorney may withdraw the authorization to release information to the Medical Board of California.

(1)  Withdrawal may be made by filing Withdrawal of Release of Information to Medical Board of California (form JV-229) or by written letter to the California Department of Social Services.

(2)  The child, nonminor dependent, or attorney may sign (as specified in (b)) form JV-229.

(3)  Within three court days of filing, the clerk of the superior court must send form JV-229 to the California Department of Social Services at the address indicated on the form.

(e) Notice of release of information to medical board

If the California Department of Social Services releases identifying information to the Medical Board of California, the California Department of Social Services must notify the child, nonminor dependent, or former dependent or ward, at the last known address. The California Department of Social Services must also notify the child's, nonminor dependent's, or former dependent's or ward's attorney, including in cases when jurisdiction has been terminated.

Rule 5.642 adopted effective September 1, 2020.

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