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Child-Maltreatment-Research-L (CMRL) List Serve

Database of Past CMRL Messages

Welcome to the database of past Child-Maltreatment-Research-L (CMRL) list serve messages. The table below contains all past CMRL messages (text only, no attachments) from Nov. 20, 1996 - March 6, 2018 and is updated quarterly.

Instructions: Postings are listed for browsing with the newest messages first. Click on the linked ID number to see a message. You can search the author, subject, message ID, and message content fields by entering your criteria into this search box:

Message ID: 10089
Date: 2016-11-14

Author:Bruce Borkosky

Subject:Re: Psychotropic Medication - Children in Foster Care - Informed Consent

It is likely that there is no simple answer to this question. There is likely state statute and/or regulation addressing the issue. In FL, there are statutes. FL law provides: 1. There are different rules during the 3 phases of dependency - prior to a finding of abuse, during case mgmt, and after TPR. 2. There are different rules for 3 categories of health care - screenings and ordinary care, invasive care, and emergencies. Different people are given consent rights under the various circumstances - parents, the state, and the Court. I think that's it, although there may be more (e.g., teens 16-17 sometimes have rights). That creates a 9-box set of conditions, and you have to check to see which one applies to the current circumstances. To answer your last 2 questions - the ability to consent always includes the ability to refuse. BB On Sun, Nov 13, 2016 at 12:14 PM, Edward Opton > wrote: What does "informed consent" mean in the context of psychotropic medication for children in foster care? Is the person who provides consent always the foster child's assigned social worker? In practice, is it possible for social workers to withhold consent? Do you know of instances when consent was withheld? Edward Opton, Ph.D. National Center for Youth Law 405 14th Street, 15th Floor, Oakland, CA 94612 Phone: (510) 899-6583 Fax: (510) 835-8099 -- -------------------------------------- Bruce G. Borkosky, Psy.D. PA 1800 Lakeview Drive Sebring, FL 33870 863-386-0276 Fax 813-200-8450 Website: https://www.fl-forensic.com ​CEU Courses: http://www.zurinstitute.com/bborkosky.html This communication is confidential and privileged. If you are not the intended recipient, please communicate the error immediately, and delete all copies.

It is likely that there is no simple answer to this question. There is likely state statute and/or regulation addressing the issue. In FL, there are statutes. FL law provides: 1. There are different rules during the 3 phases of dependency - prior to a finding of abuse, during case mgmt, and after TPR. 2. There are different rules for 3 categories of health care - screenings and ordinary care, invasive care, and emergencies. Different people are given consent rights under the various circumstances - parents, the state, and the Court. I think that's it, although there may be more (e.g., teens 16-17 sometimes have rights). That creates a 9-box set of conditions, and you have to check to see which one applies to the current circumstances. To answer your last 2 questions - the ability to consent always includes the ability to refuse. BB On Sun, Nov 13, 2016 at 12:14 PM, Edward Opton > wrote: What does "informed consent" mean in the context of psychotropic medication for children in foster care? Is the person who provides consent always the foster child's assigned social worker? In practice, is it possible for social workers to withhold consent? Do you know of instances when consent was withheld? Edward Opton, Ph.D. National Center for Youth Law 405 14th Street, 15th Floor, Oakland, CA 94612 Phone: (510) 899-6583 Fax: (510) 835-8099 -- -------------------------------------- Bruce G. Borkosky, Psy.D. PA 1800 Lakeview Drive Sebring, FL 33870 863-386-0276 Fax 813-200-8450 Website: https://www.fl-forensic.com ​CEU Courses: http://www.zurinstitute.com/bborkosky.html This communication is confidential and privileged. If you are not the intended recipient, please communicate the error immediately, and delete all copies.