Section 325.30  General Provisions

a)         The administration of psychotropic medication to children for whom the Department is legally responsible as punishment for bad behavior, for the convenience of caregivers or as a substitute for adequate ongoing programming for the children's needs is prohibited.

b)         Except in an emergency, and subject to subsection (a) above, psychotropic medication shall never be administered to children for whom the Department is legally responsible without the prior approval of an authorized agent as set forth in this Part.

c)         Children for whom the Department of Children and Family Services is legally responsible who have been committed to facilities operated by the Illinois Department of Corrections are governed solely by the rules of the Illinois Department of Corrections (20 Ill. Adm. Code 415, Health Care) which also pertains to committed adults and emancipated minors, the Unified Code of Corrections [730 ILCS 5], and corrections case law for purposes of the administration of psychotropic medications.  In its role as guardian, the Department of Children and Family Services may contest decisions made by the Illinois Department of Corrections in accordance with 20 Ill. Adm. Code 415 regarding the involuntary administration of psychotropic medications to Department wards placed in facilities operated by the Illinois Department of Corrections.

d)         The Department shall establish a Pharmacological Review Committee which shall develop and publish a Pharmacy and Therapeutic Manual. The manual shall list all acceptable psychotropic medications which are approved by the Committee for use with children for whom the Department is legally responsible and shall list their purposes, the acceptable range of dosages, contraindications and time limits, if any.  The names, qualifications, and professional positions of the members of the Pharmacological Review Committee shall be listed in the front of the manual. The Committee shall also review the Pharmacy and Therapeutic Manual on at least an annual basis and make recommendations for change, as necessary.

e)         The Pharmacy and Therapeutic Manual and any revisions to it shall be provided to all authorized agents and to all residential facilities in which children for whom the Department is legally responsible reside.

f)          Authorized agents shall be provided with regular periodic training in the use and contents of the manual.  The Department shall appoint, subject to the review of the Pharmacological Review Committee, a professional who specializes in treating children and adolescents to provide training to authorized agents on the use of the manual and its contents.  The training shall include:

1)         initial training before the authorized agent assumes the responsibilities of the position.  This training shall include an explanation of the purpose of the manual, how to use the manual, the contents of the manual including an explanation of commonly prescribed psychotropic medications, the appropriate dosages for children and adolescents, common side effects, danger signs, illnesses for which medication is commonly prescribed, the discretion left to the authorized agent, and the procedure for approval or denial of the psychotropic medication;

2)         annual training; and

3)         training before any revisions to the manual take effect.

g)         The Guardianship Administrator shall review the authorized agent's consents given pursuant to this Part within 30 days after the start of the authroized agent's use of the manual and at least once every 90 days thereafter.

h)         The Department shall employ or contract with one or more psychiatric consultants.  Authorized agents shall consult with the psychiatric consultant employed or contracted by the Department as provided in Section 325.40, Medication Approval Standards.

i)          The Department shall provide the Pharmacological Review Committee with statistical and non-identifying data regarding the administration of psychotropic medication to children governed by this Part including, where applicable, data from foster parent licensure reviews and administrative case reviews.  The Committee shall review such data at least annually to determine whether psychotropic medication is being administered appropriately and in compliance with this Part.  The Committee shall determine whether additional or different data shall be collected and whether this Part should be modified to achieve the goals set forth above.