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Childrens Place

The place for children to learn and develop is within the family setting and the educational environment, school. This is a tradition that comes down through the ages. Yet, this has been altered over the last several decades as we see children being monitored by the mental health and behavioral health communities.(http://cchrflorida.org/children-and-families)

Parents who are concerned because they have been told their children may have a learning or behavioral disorder, may benefit from being informed about a recent law that was enacted in the state of Florida. This law is based upon a universal concept of Informed Consent. (http://cchrflorida.org/informed-consent.html).

Informed Consent is your right to understand any proposed treatment (diagnosis, questionnaires, prescriptions written, and follow up care) and to understand that your right to consent or not consent is, by law, thoroughly and completely supported.

There are incidents of parents who have not been consulted when their child was administered a mental health questionnaire. (http://www.rutherford.org/articles_db/press_release.asp?article_id=723 )

And there are incidents of parents who have not been consulted when their child was involuntarily committed and administered psychiatric drugs ( http://cchrflorida.org/child-involuntary-commitment.html)

Parents who have insurance for their child via private companies, parents who use Medicaid for their children, and parents who do not have any insurance, all have the right to Informed Consent. The Doctor who is proposing treatment for your child, has the legal obligation to explain the purpose of the treatment. Most doctors, non-psychiatric doctors, who abide by their oath to “do no harm” will take the time to run medical tests to evidence potential underlying physical causes when a child is experiencing mental health or behavioral health symptoms. These types of tests fall under the category of “Alternative treatment” and do not include psychiatric drugs. Perhaps these types of medical doctors (link to our recommended alternative website list) will perform nutritional deficiency, food allergy, toxic exposure, thyroid, hormone tests and more, to evidence what physically may be prompting the symptoms that you are concerned about.

Parents have the right to full information about the proposed treatment, and all too often are not told the risks of mental health drugs, (also referred to as psychiatric drugs or psychotropic drugs). Some of these side effects include psychosis, mania, suicidal thoughts, depression, anxiety, aggression and death.

As of September, 1, 2011, the Florida legislature enacted (put into action) a law that will continue to look out for Medicaid parents’ right to informed consent.

Per Florida Statute 409.912 , (referring to the agency that reimburses pharmacies for Medicaid dollars) “The agency may not pay for psychotropic medication prescribed for a child in the Medicaid program without the express and informed consent of the child's parent or legal guardian. The physician shall document the consent in the child's medical record and provide the pharmacy with a signed attestation of this documentation with the prescription.The physician shall document the consent in the child's medical record and provide the pharmacy with a signed attestation of this documentation with the prescription."

For any parent, consent for treatment, by law, your agreement or your disagreement with the proposed treatment must be documented. Thereby your rights and your child’s rights are protected.