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Florida CF-FSP 5339 Psychotropic Medication Report

Before a psychotropic medication is prescribed to a child in Florida DCF custody, section 39.407, F.S., requires the prescriber to try to obtain the parent's or guardian's express and informed consent and to complete a medical report. This six-page form is that report. Without parental consent, or in an emergency, it goes to the dependency court and is admitted as evidence in place of the prescriber's testimony.

Who completes it

The prescribing physician or prescribing psychiatric nurse completes Section 3 (medical information), the assent and significant-harm items and the Section 4 certification. The case manager completes Sections 1 and 2 and a certification, and the parent or legal guardian signs Section 5 if they consent.

Submitting and payment

How to submit it
The completed report goes back to the child's case manager, who uses it for parental consent or a court order; the electronic version can be filled in, saved and returned by email.
Who pays
The form sets no fee and does not say who pays for the prescriber's report.

Good to know

  • Only a parent whose rights are intact or a court-appointed guardian can consent; case managers, protective investigators, foster parents and other caregivers cannot.
  • If the significant-harm certification is left blank, the form states there is no emergent need and the medication shall not be given before a court order or parental consent.
  • For a child in a hospital, crisis stabilization unit or psychiatric residential treatment center, medication can start immediately, but a court order must be sought within three business days.
  • Prescribers may substitute their own medical report if it covers every element of this form, though some judges may ask for more information.

Get the official form

Download the current version from the source each time; forms change without notice.

Medical Report for Prescribing Psychotropic Medication to a Child in Out-of-Home Care

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Frequently asked questions

Who can consent to psychotropic medication for a child in Florida foster care?

Only the child's parent whose rights are still intact, or a person granted legal or permanent guardianship by the court. The form states that the dependency case manager, child protective investigator, relatives, foster parents and other caregivers cannot give express and informed consent.

Can I use my own report instead of CF-FSP 5339?

Yes. The instructions allow a prescribing physician or psychiatric nurse to substitute a medical report prepared by their office, as long as it addresses all elements of the DCF form. If a court order is needed, some judges may ask for additional information.

What happens if the parent does not consent?

A court order is sought. The case manager section lists three triggers: the parents refuse consent, are not available to consent, or the child is permanently committed to the Department. The signed report is then submitted to the court and admitted into evidence at the hearing in place of the prescriber's appearance.