Psychotropic Drugs & California Law

When a child in foster care needs a prescription tranquilizer, antidepressant, lithium, a psycho-stimulant, or an anti-convulsant drug, California law requires the child's doctor have permission from the child's parent or legal guardian to give that drug to the child. If the parent cannot or will not give permission, the doctor needs authorization from Juvenile Court.

The types of drugs listed above are known, as a group, as psychotropics in common use, such as, Thorazine, Valium, Elavil, Ritalin, and Dilantin. Foster parents are not expected to learn the names of all psychotropic drugs - that's the doctor's job. It is however, the foster parents' responsibility to remind the doctor that he/she must have parental or court permission to administer a psychotropic medicine to a foster child and give him/her the forms needed to obtain authorization.

At the time a child is placed, the CSW will give an authorization form, two pre-addressed envelopes, a form letter for the doctor which explains what he/she has to do, and, (in some cases), a signed parental consent form. All of these materials are for use by the child's doctor. The foster parent need not do anything except give the forms to the doctor. The child's doctor is responsible for getting the Court's consent prior to administering the medication. If it is medically indicated or an emergency, the doctor may administer the drug as long as the Court is notified within 24 hours after the treatment.

If you, the child's teacher or other interested people have concerns or questions about this drug/medication or its effects on your child, please report these to your social worker immediately. The CSW will consult with the DCFS Public Health Nurse to ensure that the medication is being properly administered and will monitor at the six month Court reviews to verify that the proper authorization for administration of the psychotropic or anti-seizure medication is in the child's file.

It is imperative you report any adverse effects any kind of medication may have on your foster child immediately to the child's physician.



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