Parental Responsibility

Florida Mental Health Treatment Providers & Informed Consent Requirements

Florida Mental Health Treatment Providers & Informed Consent Requirements

Under Florida Law, mental health treatment providers, and their professions’ corresponding statutory informed consent requirements, include: Mental Health Provider Informed Consent References Psychiatrist licensed under Chapter 458 or 459, Florida Statutes Section 458.325(1), Florida Statutes provides, for electroconvulsive or psychosurgical…

Example Language for Collaborative Practice Team using Definitions of “Mental Health”

Example Language for Collaborative Practice Team using Definitions of “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 Mental Health Treatment Professionals – Informed Consent By One Parent or Guardian

Florida Mental Health Treatment Professionals – Informed Consent By One Parent or Guardian

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…

Amended Florida Parenting Plan Law Mandates Each Parent’s Retaining Consent to Mental Health Treatment

Amended Florida Parenting Plan Law Mandates Each Parent’s Retaining Consent to Mental Health Treatment

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…

Collaborative Process: Clarifying Parents’ Intent About “Mental Health Treatment”

Collaborative Process: Clarifying Parents’ Intent About “Mental Health Treatment”

Florida’s divorce and paternity statutes don’t define “mental health treatment.” When they’re sharing parental responsibility, each parent retains parental consent to mental health treatment. However, by clarifying and agreeing to the scope of “mental health treatment” for their child, parents…

Shared Parental Responsibility and Sole Parental Responsibility

Shared Parental Responsibility and Sole Parental Responsibility

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…

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