When a doctor prescribes psychotropic medication to a foster youth, this prescription must first be approved by the courts. #
When a doctor prescribes psychotropic medication to a foster youth, this prescription must first be approved by the courts. The goal is to ensure that psychotropic medication is in the youth’s best interest and that the prescriptions are consistent with the California Guidelines for the Use of Psychotropic Medication with Children and Youth in Foster Care adopted in 2018 by CDSS and CDHS. These guidelines help foster youth receive appropriate medications with the minimum number of psychotropic medications necessary in the lowest therapeutic doses for the appropriate age.
Step 1. The prescribing physician must consider the psychotropic prescription guidelines and standard of care adopted in 2018 by CDSS and CDHS. These prescribing standards represent the current state of best practices.
If a youth’s prescriptions are not in agreement with the guideline documents below, the prescribing doctor must submit additional special justification documenting the medical rationale to the court.
Appendix A – California Prescribing Standards for Foster Youth – Number & Type of Psychotropic Medication by Age Group (2018)
Appendix B – California Prescribing Parameters for Foster Youth – Psychotropic Medication Dosage, Usage, Cautions, & Required Testing (2023)
Step 2. The prescribing physician must complete and sign a JV-220a or JV220b form and the social worker files this form with the court.
Once the JV-220 is filed, notifications are sent – typically this includes the parent or guardian, foster youth’s lawyer, foster caregiver, CASA and if applicable, the youth’s Indian tribe.
Step 3. The judge can approve or deny the JV-220 or ask for additional information. The California prescribing standards, Appendix A and B, are to be used in reviewing a JV-220(A) application for the court.
Foster youth can tell the judge their opinion about their mental health medications. It’s your legal right! #
A JV-218 form asks the foster youth how they feel about their medication. The foster youth can tell the judge if they agree or do not agree to take the medications or if they are unsure.
California foster youth mental health rights include, I have the right to:
- work with my doctor to safely stop taking my medications.
- tell the doctor if I disagree with any medication the doctor recommends for me.
- tell the judge I disagree with psychotropic medication being prescribed to me.
- ask my lawyer to fill out the JV-222 opposing the psychotropic medication.
- to ask for a reassessment of my diagnosis and my psychotropic medications.
- have the risks and benefits of the medication explained to me in a way I can understand.
- to know about my diagnosis and treatment options in a way that I can understand.
The foster youth’s lawyer, parent or guardian can tell the judge they do not agree. #
A JV-222 form can be used by the foster youth, the youth’s lawyer, parent or guardian, or Indian tribe to tell the judge that they do not agree that the youth should take the recommended medications.
California Foster youth have the right to ask their lawyer to fill out the JV-222 opposing the psychotropic medication.
The foster youth’s parent, guardian, foster caregiver, or CASA can tell the judge their opinion. #
A JV-219 form can be used by the foster youth’s parent, guardian, CASA or Indian tribe to tell the court how they feel about an the recommended mental health medications, the effectiveness, and the side effects.
They can also write a letter to the judge or talk to the judge at the court hearing.