Parents in the Collaborative Process may consider using definitions of “mental health treatment.” This article give example language using definitions. For more about definitions, read the discussion here.
Example Language- Mental Health Treatment
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; or
(f) Juvenile sexual offender therapy and juvenile sexual offender treatment
We agree the Mental Health Treatment, as defined above, must:
- be provided by a Licensed Mental Health Professional or a Mental Health Clinical Staff Person working under the direct supervision of a Licensed Mental Health Professional.
- be based on our child’s symptoms and DSM diagnosis (Diagnostic and Statistical Manual of Mental Disorders (DSM) published by the American Psychiatric Association) identified by a Comprehensive Assessment, a Comprehensive Mental Health Evaluation, or updated Comprehensive Mental Health Evaluation.
- seek to reduce our child’s symptoms of Mental Disorder (See Fla. Admin. Code R. 63N-1.002(50)) and the negative effects of symptoms on the child’s behavior and accomplish the measurable goals and objectives specified in the child’s Initial or Individualized Mental Health Treatment Plan.
Example Language Regarding Existing Mental Health Treatment
Our child’s existing Mental Health Treatment, as defined above, are [insert current services]. We understand each of us retains the right to consent to continued Mental Health Treatment for our child. We agree our child’s existing Mental Health Treatment will continue until, after conferring (1) we agree in writing it is no longer necessary or beneficial to our child; (2) the mental health provider concludes or terminates the Mental Health Treatment; or (3) a court orders otherwise.
If we disagree on the necessity or benefit to our child of continued Mental Health Treatment, the Mental Health Treatment will continue, but we will attempt in good faith to resolve the disagreement through return to the collaborative practice or alternative dispute resolution options provided in this Parenting Plan, our Collaborative Marital Settlement Agreement, or both.
Example Language Regarding Additional or New Treatment or Services
Before taking our child for additional or new Mental Health Treatment, as defined above, we will confer and attempt to agree to
(i) the Mental Health Treatment that will best benefit our child;
(ii) the provider of such Mental Health Treatment;
(iii) the anticipated duration of the Mental Health Treatment or services; and
(iv) the proposed cost of the Mental Health Treatment covered by insurance and not covered by insurance.
We understand each of us retains the right to consent to additional or new Mental Health Treatment for our child.
Example Language – Notice of Additional or New Mental Health Treatment
We agree to attempt to confer before taking our child for additional or new Mental Health Treatment. But if one of us does take our child for and consents to such Mental Health Treatment before we confer, the parent taking the child shall notify the other parent within 24 hours of taking the child for additional or new Mental Health Treatment.
If one of us takes our child for treatment, services, or technique not enumerated in the above definition of “Mental Health Treatment,” the parent taking the child for such treatment, services, or technique shall notify the other parent within 24 hours of taking the child for the treatment, services, or technique.
If we have not agreed in advance to additional or new Mental Health Treatment for our child or treatment, services, or techniques not included in the above definition of Mental Health Treatment within __ days of receiving notice of additional or new Mental Health Treatment, or of treatment, services, or technique not included in the above definition of Mental Health Treatment, the parent receiving the notice may communicate his or her agreement or, if he or she disagrees, may request return to the collaborative team or invoke the alternative dispute resolution options provided in this Parenting Plan, our Collaborative Marital Settlement Agreement, or both.
Disagreements About the Need or Benefit of Mental Health Treatment for Our Child
When we disagree on the necessity or benefit to the child of existing, additional, or new Mental Health Treatment, or of the treatment, services, or technique not included in the above definition of Mental Health Treatment, we agree to a Comprehensive Assessment (as defined in Fla. Admin. Code R. 63D-8.001. See Fla. Admin. Code R. 63N-1.002(14); section 985.03(11), Florida Statutes); or a Comprehensive Mental Health Evaluation or updated Comprehensive Mental Health Evaluation conducted by a Licensed Mental Health Professional or a non-licensed Mental Health Clinical Staff Person working under the direct supervision of a Licensed Mental Health Professional. See Fla. Admin. Code R. 63N-1.002(15)). We shall split the cost of the Comprehensive Assessment or Mental Health Evaluation according to our share of combined net income under sections 61.13(1)(b), 61.30((3), and 61.30(4),Florida Statutes.
Related Blog Posts
- Parental Responsibility & Decision Making
- Shared Parenting – Retained Consent to Mental Health Treatment
- Florida Law: Each Parent Retains Consent to Mental Health Treatment
- Collaborative Practice: Shared Parental Responsibility for Health Care
- Collaborative Process: Clarifying Intent About “Mental Health Treatment”
- What Is “Mental Health Treatment?”
- Informed Consent By One Parent – Florida Mental Health Professionals
- Florida Mental Health Providers & Informed Consent
- What If Parents Disagree About Child’s Mental Health Treatment?