HB 1405 Summary: Psychotropic Medication for Children in Out-of-Home Care

• Requires all children in out-of-home care receive comprehensive behavioral health assessment within 7 days of placement; child protective investigators or case managers must ensure assessment recommendations are incorporated into case plans.

• Mandates appointment of guardian ad litem to represent children prescribed psychotropic medications and monitor compliance with mental health treatment plans, with written reports every 45 days.

• Requires express and informed consent from parents or legal guardians before psychotropic medications are prescribed, with specific documentation by physician; establishes process for court authorization when parental consent cannot be obtained.

• Prohibits psychotropic medication authorization for children ages birth through 10 without compelling governmental interest and requires review by licensed child psychiatrist; allows emergency administration in hospitals and psychiatric facilities.

• Prohibits children in department custody from participating in clinical trials for psychotropic medications; requires department to adopt rulemaking procedures by October 1, 2012, and effective date July 1, 2012.