How do parenting plans provide for consent to mental health treatment for a child? What does “mental health treatment” mean and include? What if parents don’t agree on mental health treatment their child should continue, undertake, or stop? May one…
Parents in Florida divorce and paternity cases must agree to a “Parenting Plan” or have a judge decide on a plan. Parents in collaborative practice work cooperatively with the collaborative mental health neutral and collaborative team to write the parents’…
Parents who “share parental responsibility” retain full parental rights and responsibilities for their child. Both parents confer with each other to make decisions for their child. – Section 61.046(17), Florida Statutes. Before deciding, separated parents who share parental responsibility must…
Florida law treats consent to “mental health treatment” for a child differently from other major decisions responsibility for which parents share. In 2016, Florida law changed to mandate provisions in parenting plans. – Section 61.13(2)(b)3., Florida Statutes, amended by Laws…
In 2016, Florida law changed to mandate, in parenting plans designating shared parental responsibility, that either parent retains the right to consent to mental health treatment for their child. Section 61.13(2)(b)3., Florida Statutes, amended by Laws of Florida 2016-241 (enacting…
Florida family judges must determine parenting matters according to the child’s best interests and the Uniform Child Custody Jurisdiction and Enforcement Act. There is an exception: modification of a parenting plan and time-sharing schedule requires showing a substantial, material, and…
Florida’s divorce and paternity statutes don’t define “mental health treatment.” As distinguished from parental consent to mental health treatment, which each parent retains when they’re sharing parental responsibility, parents may avoid confusion and future litigation by clarifying and agreeing to…
As parents resolving divorce or paternity issues attempt to state precisely their intent about “mental health treatment” for their child, definitions may guide their Florida collaborative practice team and them. Florida Juvenile Justice System – Techniques That Constitute “Mental Health…
For our Parenting Plan, “Mental Health Treatment” means these techniques, as defined in Florida Administrative Code, Rule 63N-1.0081: (a) Individual therapy or counseling; (b) Group therapy or counseling; (c) Family counseling or therapy; (d) Behavior therapy; (e) Psychosocial Skills Training;…
Florida law and administrative regulations support mental health treatment providers’ accepting informed consent by only one parent or authorized guardian to mental health treatment for a child. Parents whose parental rights remain intact jointly are the natural guardians of their…
Under Florida Law, mental health treatment providers, and their professions’ corresponding statutory informed consent requirements, include: Mental Health Provider Informed Consent References a Psychiatrist licensed under Chapter 458 or 459, Florida Statutes Section 458.325(1), Florida Statutes provides, for electroconvulsive or…
The default remedy for a nonconsenting parent who disagrees with the other parent’s consenting to mental health treatment seems costly, time consuming, and inadequate. The non-consenting parent may petition to modify the parenting plan, but must allege and prove a…
Florida’s Collaborative Law Process Act, section 61.56, Florida Statutes, took effect July 1, 2017. On May 18, 2017, the Supreme Court of Florida adopted a new Florida Family Law Rule 12.745 and Rule 4-1.19, Rules Regulating the Florida Bar. The…
PART III, CHAPTER 61, FLORIDA STATUTES COLLABORATIVE LAW PROCESS ACT 61.55 Purpose. 61.56 Definitions. 61.57 Beginning, concluding, and terminating a collaborative law process. 61.58 Confidentiality of a collaborative law communication. 61.55 Purpose.—The purpose of this part is to create a uniform system of practice for…
RULE 12.745. COLLABORATIVE LAW PROCESS(a) Application. This rule governs all proceedings under chapter 61, part III, Florida Statutes. (b) Collaborative Law Process. (1) Initiating Process. (A) A collaborative law process begins, regardless of whether a legal proceeding is pending, when…
RULE 4-1.19 COLLABORATIVE LAW PROCESS IN FAMILY LAW (a) Duty to Explain Process to Prospective Client. A lawyer must obtain the informed consent of a prospective client in a family law matter to proceed in the collaborative law process after…
For multiple covered assets, section 732.703, Florida Statutes, provides, upon dissolution or annulment of marriage, the designation of one former spouse as beneficiary upon death of the insured other former spouse is ineffective. See State Farm Life Insurance Company v.…