The following are the requirements for the authorization of health care services to youth in the physical custody of the department.
- (1) The Authority for Evaluation and Treatment (AET) is the means by which the department obtains the consent of the parent, guardian, or assigned custodian for basic health and mental health evaluation and treatment. Covered services and exclusions are described on the form. The AET is not required for emergency services. Under no circumstances shall emergency services be withheld pending provision of a signed AET. The Authority for Evaluation and Treatment (HS 002, January 2024) is incorporated into this rule and is available electronically at HYPERLINK "http://www.flrules.org/Gateway/reference.asp?No=Ref-17503"http://www.flrules.org/Gateway/reference.asp?No=Ref-17503. The department’s Juvenile Probation Officer (JPO) or Facility Superintendent is responsible for ensuring that the AET is signed and dated by the parent or guardian at the first available opportunity.
(2) The AET remains valid for as long as the youth is in custody or under supervision. It becomes invalid if youth is on abscond status for greater than 1 year. The abscond status for greater than one year would then warrant a new AET to be completed.
- (a) The AET is no longer in effect once a youth turns 18 years of age or shows proof of legal emancipation by a court order.
- (b) When a youth with developmental disabilities turns 18 years of age while in department custody, the regional counsel must be consulted to determine that the party authorized to provide consent has been identified and shall proceed as in Chapter 63E-7, F.A.C.
(3) The AET may be revoked by the parent/guardian/assigned custodian. Revocation or modification shall be documented as follows:
- (a) The JPO must ensure that the original or a legible copy of the signed and witnessed AET is provided for inclusion in the youth’s Individual Health Care Record (IHCR) and EHR. It is the final responsibility of the JPO supervisor to ensure the legible signed and witnessed copy of the AET is included in the completed commitment packet prior to approving the packet.
- (b) If a subsequent AET is obtained, it shall be filed directly on top of the prior AET in the IHCR and uploaded to the department’s electronic system.
- (4) The signed AET or a current copy shall accompany the youth when he or she is taken off-site to a health care provider. The AET authorizes the provider to make information available to the department, which may be necessary to provide health care to the youth. If health care is authorized by a court order, then the court order shall accompany the youth and be presented to the provider.
- (5) When emergency medical services are provided, the facility superintendent, program director or designee must immediately attempt to notify the parent, guardian, or assigned custodian once the need for necessary treatment is established. The contact attempts will be documented in the chronological progress notes and in accordance with assigned permissions in the EHR.
- (6) In situations where the parent/legal guardian/assigned custodian is unable to make a face to face appearance for authorization and witnessed signature of the AET, a verbal, witnessed authorization may be obtained and documented on the Limited Consent for Evaluation and Treatment (HS 057), until such time the parent/legal guardian/assigned custodian is able to make a face to face appearance and provide a witnessed signature, in order to ensure necessary medical care is provided on site at a detention facility.
Rulemaking Authority 985.64(2) FS. Law Implemented 985.64(2), 985.145, 985.18 FS. History–New 3-16-14, Amended 2-5-25.