Title 47. Welfare, Social Services, and Institutions.

Chapter 05. Administration of Welfare, Social Services, and Institutions.

Article 1. General Administrative Provisions.


Sec. 47.05.010. Duties of department.
The Department of Health and Social Services shall
     (1) administer adult public assistance, the Alaska temporary assistance program, and all other assistance programs, and receive and spend money made available to it;

     (2) adopt regulations necessary for the conduct of its business and for carrying out federal and state laws granting adult public assistance, temporary cash assistance, diversion payments, or self-sufficiency services for needy families under the Alaska temporary assistance program, and other assistance;

     (3) establish minimum standards for personnel employed by the department and adopt necessary regulations to maintain those standards;

     (4) require those bonds and undertakings from persons employed by it that, in its judgment, are necessary, and pay the premiums on them;

     (5) cooperate with the federal government in matters of mutual concern pertaining to adult public assistance, the Alaska temporary assistance program, and other forms of public assistance;

     (6) make the reports, in the form and containing the information, that the federal government from time to time requires;

     (7) cooperate with the federal government, its agencies, or instrumentalities in establishing, extending, and strengthening services for the protection and care of homeless, dependent, and neglected children in danger of becoming delinquent, and receive and expend funds available to the department by the federal government, the state, or its political subdivisions for that purpose;

     (8) cooperate with the federal government in adopting state plans to make the state eligible for federal matching in appropriate categories of assistance, and in all matters of mutual concern, including adoption of the methods of administration that are found by the federal government to be necessary for the efficient operation of welfare programs;

     (9) adopt regulations, not inconsistent with law, defining need, prescribing the conditions of eligibility for assistance, and establishing standards for determining the amount of assistance that an eligible person is entitled to receive; the amount of the assistance is sufficient when, added to all other income and resources available to an individual, it provides the individual with a reasonable subsistence compatible with health and well-being; an individual who meets the requirements for eligibility for assistance shall be granted the assistance promptly upon application for it;

     (10) grant to a person claiming or receiving assistance and who is aggrieved because of the department’s action or failure to act, reasonable notice and an opportunity for a fair hearing by the office of administrative hearings (AS 44.64.010), and the department shall adopt regulations relative to this;

     (11) enter into reciprocal agreements with other states relative to public assistance, welfare services, and institutional care that are considered advisable;

     (12) establish the requirements of residence for public assistance, welfare services, and institutional care that are considered advisable, subject to the limitations of other laws of the state, or law or regulation imposed as conditions for federal financial participation;

     (13) establish the divisions and local offices that are considered necessary or expedient to carry out a duty or authority assigned to it and appoint and employ the assistants and personnel that are necessary to carry on the work of the divisions and offices, and fix the compensation of the assistants or employees, except that a person engaged in business as a retail vendor of general merchandise, or a member of the immediate family of a person who is so engaged, may not serve as an acting, temporary, or permanent local agent of the department, unless the commissioner of health and social services certifies in writing to the governor, with relation to a particular community, that no other qualified person is available in the community to serve as local welfare agent; for the purposes of this paragraph, a “member of the immediate family” includes a spouse, child, parent, brother, sister, parent-in-law, brother-in-law, or sister-in-law;

     (14) provide education and health-related services and referrals designed to reduce the number of out-of-wedlock pregnancies and the number of induced pregnancy terminations in the state;

     (15) investigate reports of abuse, neglect, or misappropriation of property by certified nurse aides in facilities licensed by the department under AS 47.32;

     (16) establish state policy relating to and administer federal programs subject to state control as provided under 42 U.S.C. 3001 — 3058ee (Older Americans Act of 1965), as amended, and related federal regulations;

     (17) administer the older Alaskans service grants under AS 47.65.010 — 47.65.050 and the adult day care and family respite care grants under AS 47.65.100;

     (18) actively seek to recruit quality foster parents and adoptive parents when a shortage of quality foster parents or adoptive parents exists.




Sec. 47.05.012. Material incorporated by reference.
Under AS 44.62.245(a)(2), in adopting or amending a regulation that incorporates a document or other material by reference, the department may incorporate future amended versions of the document or other material if the document or other material is one of the following:
     (1) a document that is published, compiled, or prepared by the United States Department of Health and Human Services and is included in the following list:
          (A) the international classification of diseases, clinical modifications;

          (B) the common procedure coding system;

          (C) the specifications for national uniform billing data elements;

          (D) the federal poverty guidelines for the state;

          (E) the Indian Health Service encounter rates; or

          (F) the relative value units used in the Medicare program for determination of fee schedules;

     (2) the current procedural terminology for physicians published by the American Medical Association;

     (3) the diagnostic and statistical manual of mental disorders published by the American Psychiatric Association;

     (4) the length of stay in hospitals by diagnosis and operation for the western region of the United States, published by Solucient;

     (5) the relative value guide published by the American Society of Anesthesiologists;

     (6) the consumer price index published by the United States Department of Labor;

     (7) the health plan employer data and information set published by the National Committee for Quality Assurance;

     (8) practice standards adopted by the American Academy of Pediatrics, American College of Obstetricians and Gynecologists, American Diabetes Association, American Cancer Society, American Academy of Family Physicians, American College of Physicians, United States Centers for Disease Control and Prevention, Agency for Healthcare Research and Quality, or the National Asthma Education and Prevention Program;

     (9) the compendium of animal rabies prevention and control published by the United States Centers for Disease Control and Prevention;

     (10) the control of communicable diseases manual published by the American Public Health Association;

     (11) the standards manual and interpretative guidelines for behavioral health, employment and community support services, and for medical rehabilitation published by the Commission on Accreditation of Rehabilitative Facilities;

     (12) consumer assessment of health plans published by the Agency for Health Care Policy and Research;

     (13) resources for optimal care of the injured patient published by the Committee on Trauma, American College of Surgeons; or

     (14) a document related to a resuscitation protocol that is published, compiled, or prepared based on the recommendations from the International Liaison Committee on Resuscitation.




Sec. 47.05.015. Contracts.
 (a) The department may contract with a person or local government for the delivery of services to be provided by the department under AS 47.05.010 if the commissioner determines the service will be provided at less cost to the state or will be provided in a more effective manner.

 (b) Services that may be provided by contract under this section include accepting applications for assistance, conducting interviews, making eligibility determinations, and issuing benefits, but do not include adoption of program standards or other matters involving the exercise of agency discretion.

 (c) A contract authorized under this section is exempt from the competitive bid requirements of AS 36.30 (State Procurement Code). In awarding a contract under this section the department shall request proposals in accordance with regulations of the Department of Administration under AS 36.30 (State Procurement Code).

 (d) This section does not limit the authority provided by law for the department to contract for the delivery of services other than those provided under AS 47.05.010.




Sec. 47.05.017. Home care providers.
 (a) State money may not be used for a home care provider unless criminal history record information as permitted by P.L. 105-277 and AS 12.62 is requested for the provider within 10 business days after the provider is hired to provide the care and is reviewed within five business days after it is received. The department shall require the grantee or contractor to do the information request and review required under this subsection for a home care provider employed by a person who has a grant or contract from the department to provide home care services.

 (b) The department shall adopt regulations identifying actions that it will take, in addition to those otherwise required under AS 47.17 and AS 47.24, when a report of harm is made under AS 47.17 or AS 47.24 that might relate to harm caused by actions or inactions of a public home care provider. The regulations must
     (1) address circumstances under which the department will, or will require a contractor or grantee to, reassign, suspend, or terminate a person alleged to have perpetrated harm;

     (2) include appropriate procedural safeguards to protect the due process rights of public home care providers who may be reassigned, suspended, or terminated under the circumstances described in (1) of this subsection; and

     (3) if the home care provider is a certified nurse aide, include procedures under which the department shall notify the Board of Nursing if the nurse aide is suspected of abuse, neglect, or misappropriation of property.

 (c) In this section, “public home care provider” means a person who is paid by the state, or by an entity that has contracted with the state or received a grant from state funds, to provide homemaker services, chore services, personal care services, home health care services, or similar services in or around a client’s private residence or to provide respite care in either the client’s residence or the caregiver’s residence or facility.




Sec. 47.05.020. Regulations concerning records; disclosure of information.
 (a) The power of the department to adopt regulations includes the power to adopt and enforce reasonable regulations governing the custody, use, and preservation of the records, papers, files, and communications of the department. The regulations must provide that financial information concerning an eligibility determination of a person applying for or receiving cash assistance, a diversion payment, or self-sufficiency services under the Alaska temporary assistance program shall be disclosed to a legislator on request of the legislator in connection with official purposes within the scope of the legislator’s legislative functions and related to the administration of the program consistent with federal law. When, under the law, names and addresses of recipients of public assistance are furnished to or held by another agency or department of government, the agency or department of government shall adopt regulations necessary to prevent the publication of the lists or their use for purposes not directly connected with the administration of public assistance and legislative functions. A legislator to whom information relating to the Alaska temporary assistance program is disclosed under this section may not further disclose the information except to another legislator and then only in connection with official purposes within each legislator’s legislative functions and related to the administration of the program consistent with federal law.

 (b) In addition to any access to public assistance records authorized under (a) of this section, the department shall provide a copy of a public assistance record prepared or maintained by or on behalf of the department to the child support services agency created in AS 25.27.010, or the child support enforcement agency of another state, upon the request of the respective agency. If the record is in an electronic data base, the department shall provide the requesting agency with either access to the data base, or a copy of the information in the data base and a statement certifying its contents. The agency receiving the information under this subsection may use the information only for child support purposes authorized under law.




Sec. 47.05.030. Misuse of public assistance lists and records.
 (a) Except as provided in (b) and (c) of this section and for purposes directly connected with the administration of general assistance, adult public assistance, the day care assistance program authorized under AS 47.25.001 — 47.25.095, or the Alaska temporary assistance program, and in accordance with the regulations of the department, a person may not solicit, disclose, receive, make use of, or authorize, knowingly permit, participate in, or acquiesce in the use of, a list of or names of, or information concerning, persons applying for or receiving the assistance directly or indirectly derived from the records, papers, files, or communications of the department or subdivisions or agencies of the department, or acquired in the course of the performance of official duties.

 (b) It is not a violation of (a) of this section for the department or an employee of the department to disclose to a legislator, or for a legislator to solicit, receive, or make use of, financial information concerning an eligibility determination of a person applying for or receiving cash assistance, a diversion payment, or self-sufficiency services under the Alaska temporary assistance program if the disclosure, solicitation, receipt, and use are for official purposes in connection with the legislator’s official functions and related to the administration of the program consistent with federal law. Information provided to a legislator under this subsection shall remain confidential and may not be further disclosed except as provided in AS 47.05.020.

 (c) It is not a violation of (a) of this section for the department or an employee of the department to disclose information to the child support services agency created in AS 25.27.010, or the child support enforcement agency of another state, if the receiving agency requests the information only for purposes authorized under AS 47.05.020.




Sec. 47.05.032. Disclosures to legislators.
A legislator to whom confidential information is disclosed under AS 47.05.020 — 47.05.030 is not subject to a penalty for further disclosure of the information unless, at the time the information was provided to the legislator, the legislator was given written notification that the material was confidential.


Sec. 47.05.040. Consent to conditions of federal programs.
In order to take advantage of the training grants provisions of 42 U.S.C. 301 — 1397f (Social Security Act), as amended, the state, through the department, consents and agrees to all conditions required by federal statute and regulation necessary for the state to participate fully in the training grants or other programs.


Sec. 47.05.050. Cooperation with federal government.
It is the public policy of the state to cooperate and coordinate with the United States government and its agencies in providing for and administering federal and state laws for adult public assistance and the other assistance that is provided for or extended to the people of the state.


Sec. 47.05.055. Certified nurse aides.
 (a) If the department has reason to believe that a certified nurse aide employed in a facility licensed by the department under AS 47.32 as a hospital or nursing home has committed abuse, neglect, or misappropriation of property in connection with the person’s duties as a certified nurse aide at the facility, the department shall investigate the matter. The department shall conduct proceedings to determine whether a finding of abuse, neglect, or misappropriation of property should be made. These proceedings shall be conducted under AS 44.62.330 — 44.62.630. A finding under this subsection that a certified nurse aide has committed abuse, neglect, or misappropriation of property shall be reported by the department to the Board of Nursing.

 (b) If the certified nurse aide is employed in a skilled nursing facility or nursing facility, other than an intermediate care facility for persons with intellectual and developmental disabilities, that is participating in the Medicaid or Medicare program, only the state survey and certification agency may make, and report to the Board of Nursing, a finding that a certified nurse aide has committed abuse, neglect, or misappropriation of property in connection with the nurse aide’s employment at the facility.




Sec. 47.05.060. Purpose and policy relating to children.
The purpose of this title as it relates to children is to secure for each child the care and guidance, preferably in the child’s own home, that will serve the moral, emotional, mental, and physical welfare of the child and the best interests of the community; to preserve and strengthen the child’s family ties unless efforts to preserve and strengthen the ties are likely to result in physical or emotional damage to the child, removing the child from the custody of the parents only as a last resort when the child’s welfare or safety or the protection of the public cannot be adequately safeguarded without removal; and, when the child is removed from the family, to secure for the child adequate custody and care and adequate planning for permanent placement of the child.


Sec. 47.05.065. Legislative findings related to children.
The legislature finds that
     (1) parents have the following rights and responsibilities relating to the care and control of their child while the child is a minor:
          (A) the responsibility to provide the child with food, clothing, shelter, education, and medical care;

          (B) the right and responsibility to protect, nurture, train, and discipline the child, including the right to direct the child’s medical care and the right to exercise reasonable corporal discipline;

          (C) the right to determine where and with whom the child shall live;

          (D) the right and responsibility to make decisions of legal or financial significance concerning the child;

          (E) the right to obtain representation for the child in legal actions; and

          (F) the responsibility to provide special safeguards and care, including appropriate prenatal and postnatal protection for the child;

     (2) it is the policy of the state to strengthen families and to protect children from child abuse and neglect; the state recognizes that, in some cases, protection of a child may require removal of the child from the child’s home; however,
          (A) except in those cases involving serious risk to a child’s health or safety, the Department of Health and Social Services should provide time-limited family support services to the child and the child’s family in order to offer parents the opportunity to remedy parental conduct or conditions in the home that placed the child at risk of harm so that a child may return home safely and permanently; and

          (B) the state also recognizes that when a child is removed from the home, visitation between the child and the child’s parents or guardian and family members reduces the trauma for the child and enhances the likelihood that the child will be able to return home; therefore, whenever a child is removed from the parental home, the Department of Health and Social Services should encourage frequent, regular, and reasonable visitation of the child with the child’s parent or guardian and family members;

     (3) it is the policy of the state to recognize that, when a child is a ward of the state, the child is entitled to reasonable safety, adequate care, and adequate treatment and that the Department of Health and Social Services as legal custodian and the child’s guardian ad litem as guardian of the child’s best interests and their agents and assignees, each should make reasonable efforts to ensure that the child is provided with reasonable safety, adequate care, and adequate treatment for the duration of time that the child is a ward of the state;

     (4) it is in the best interests of a child who has been removed from the child’s own home for the state to apply the following principles in resolving the situation:
          (A) the child should be placed in a safe, secure, and stable environment;

          (B) the child should not be moved unnecessarily;

          (C) a planning process should be followed to lead to permanent placement of the child;

          (D) every effort should be made to encourage psychological attachment between the adult caregiver and the child;

          (E) frequent, regular, and reasonable visitation with the parent or guardian and family members should be encouraged; and

          (F) parents and guardians must actively participate in family support services so as to facilitate the child’s being able to remain in the home; when children are removed from the home, the parents and guardians must actively participate in family support services to make return of their children to the home possible;

     (5) numerous studies establish that
          (A) children undergo a critical attachment process before the time they reach six years of age;

          (B) a child who has not attached with an adult caregiver during this critical stage will suffer significant emotional damage that frequently leads to chronic psychological problems and antisocial behavior when the child reaches adolescence and adulthood; and

          (C) it is important to provide for an expedited placement procedure to ensure that all children, especially those under the age of six years, who have been removed from their homes are placed in permanent homes expeditiously.




Sec. 47.05.070. Third party liability subrogation.
 (a) The department may not pay medical claims that are payable by a third party payor. Medical providers shall attempt collection from the third party payor before billing Medicaid. Before payment by Medicaid, evidence of third-party denial or partial payment shall be presented with the claim.

 (b) When the department provides or pays for medical assistance for injury or illness under this title, the department is subrogated to not more than the part of an insurance payment or other recovery by the recipient that is for medical expenses provided by the department. Notwithstanding the assertion of any action or claim by the recipient of medical assistance, the department may bring an action in the superior court against an alleged third-party payor to recover an amount subrogated to the department for medical assistance provided on behalf of a recipient.

 (c) If a recipient of medical assistance under this title settles a claim or obtains an award or judgment arising from the injury or illness for which the medical assistance was received, the amount of the claim to which the department is entitled under (b) of this section shall be reduced by a pro rata share of the attorney fees and litigation costs. Regardless of the manner in which the amount of the attorney fees is derived in the particular case, the pro rata reduction of the subrogated claim for reimbursement of attorney fees shall be calculated in accordance with the applicable rules of court governing the award of attorney fees in civil matters.

 (d) The department is authorized to enter into contracts for the collection of medical expenses already paid by Medicaid from potential third-party payors. The department may pay, from the funds recovered by the contractor, any amounts owing to the federal government as its share of the Medicaid paid claim, and the costs of collecting the funds.

 (e) [Repealed, § 9 ch 96 SLA 2006.]
 (f) The department may adopt regulations to interpret and implement this section.




Sec. 47.05.071. Duty of a medical assistance recipient.
 (a) A medical assistance recipient shall cooperate with and assist the department in identifying and providing information concerning third parties who may be liable to pay for care and services received by the recipient under the medical assistance program.

 (b) As a condition of medical assistance eligibility, a person who applies for medical assistance shall, at the time of application,
     (1) assign to the department the applicant’s rights of payment for care and services from any third party to the extent the department has paid medical assistance for care and services;

     (2) cooperate with and assist the department in identifying and providing information concerning third parties who may be liable to pay for care and services received by the recipient under the medical assistance program; and

     (3) agree to make application for all other available third-party resources that may be used to provide or pay for the cost of care or services received by the medical assistance recipient or that may be used to finance reimbursement to the state for the cost of care or services received by the medical assistance recipient; a medical assistance recipient is under no duty to file a civil or other action for the purpose of reimbursing the state for the cost of care or services.




Sec. 47.05.072. Duty of attorney for medical assistance recipient.
 (a) An attorney representing a medical assistance recipient shall notify the attorney general’s office.

 (b) The notice to the attorney general’s office required under (a) of this section includes submission of the following:
     (1) identification of the medical assistance recipient’s name, last known address, and telephone number, and the date of the injury or illness giving rise to the action or claim;

     (2) copies of the pleadings and other papers related to the action or claim;

     (3) the identification of each potentially liable third party, including that party’s name, last known address, and telephone number;

     (4) the identification of any insurance policy potentially responsive to the action or claim; and

     (5) a description of the facts and circumstances supporting the action or claim.

 (c) An attorney who represents a medical assistance recipient shall give the attorney general’s office notice within 30 days of any judgment, award, or settlement in an action or claim by the medical assistance recipient to recover damages for an injury or illness that has resulted in the department’s providing or paying for medical assistance.

 (d) If a medical assistance recipient is handling the action or claim on a pro se basis, the provisions of this section apply as if the medical assistance recipient were an attorney representing the medical assistance recipient.




Sec. 47.05.073. Judgment, award, or settlement of a medical assistance lien.
 (a) A medical assistance recipient may not maintain any rights to payment for medical costs as a result of a judgment, award, or settlement of an action or claim for which another person may be legally obligated to pay without first making repayment to the department for costs of past medical assistance services provided to or paid for on behalf of the medical assistance recipient that relate to that action or claim.

 (b) A medical assistance recipient may not place any payment as a result of a judgment, award, or settlement of an action or claim for which another person was legally obligated to pay because of injury or illness into any trust for the purpose of maintaining public assistance or medical assistance eligibility without first making repayment to the department for costs of past medical assistance services provided to the medical assistance recipient related to that action or claim.

 (c) The attorney general may only discharge a medical assistance lien under AS 47.05.075 if the discharge complies with federal law.

 (d) Notwithstanding (a) — (c) of this section, a third-party payor shall have no further liability if it settles or compromises a dispute in good faith and without knowledge that the individual is a recipient of medical assistance.




Sec. 47.05.074. Conflict with federal requirements.
If any provision of this chapter related to subrogation, assignment, or lien conflicts with federal law concerning the Medicaid program or receipt of federal money to finance the medical assistance program, the provision does not apply to the extent of the conflict.


Sec. 47.05.075. Medical assistance lien.
 (a) The department has a lien upon any sum that may be due to the recipient of medical assistance from a third-party payor. The lien is in the amount of the medical assistance paid for medical services under this title, together with reasonable attorney fees and litigation costs incurred in the enforcement of the lien.

 (b) A lien against a sum due from a third-party payor for medical services provided to a recipient of medical assistance under this title attaches and is effective upon filing with a recorder’s office in any recording district in the state. However, a lien filed under this subsection is not perfected and has no effect unless notice of filing of the lien is served by the department upon the third-party payor, personally or by registered, certified, or insured mail, return receipt requested.

 (c) If a recipient of medical assistance under this title settles a claim or obtains an award or judgment arising from the injury or illness for which the medical assistance was received, the amount of the lien to which the department is entitled under (a) of this section shall be reduced by a pro rata share of the attorney fees and litigation costs. Regardless of the manner in which the amount of the attorney fees is derived in the particular case, the pro rata reduction of the lien shall be calculated in accordance with the applicable rules of court governing the award of attorney fees in civil matters.

 (d) A perfected lien under this section has priority over all other liens except tax liens and a lien perfected for attorney fees and costs.




Sec. 47.05.080. Recovery of overpayments.
 (a) Except for overpayments recovered under AS 47.07 that cover the value of services paid from federal sources, benefit overpayments collected by the department in administering public assistance programs under AS 47.05.010 shall be remitted to the Department of Revenue under AS 37.10.050(a).

 (b) The permanent fund dividend of a former recipient of a public assistance program listed under (a) of this section may be taken under AS 43.23.065(b)(6) and 43.23.068 to satisfy the balance due on a defaulted overpayment claim.




Sec. 47.05.085. Subpoena power.
 (a) The commissioner or the commissioner’s designee at the director level may issue subpoenas to compel the production of books, papers, correspondence, memoranda, and other records considered necessary as evidence in connection with an investigation under or the administration of AS 47.07 (medical assistance), AS 47.08 (assistance for catastrophic illnesses and acute or chronic medical conditions), AS 47.25 (day care assistance, child care grants, general relief, adult public assistance, and food stamps), and AS 47.27 (Alaska temporary assistance program).

 (b) In case of refusal to obey a subpoena issued to any person under (a) of this section, the superior court may, upon application by the department, issue an order requiring the person to appear before the department to produce evidence if ordered. Failure to obey the order of the court is punishable as contempt.

 (c) A person who, without just cause, fails or refuses to produce books, papers, correspondence, memoranda, and other records, if it is in the person’s power to do so, in obedience to a subpoena of the department or an authorized representative of it, upon conviction, is punishable by a fine of not more than $200, or by imprisonment for not more than 60 days, or by both. Each day the failure or refusal continues is a separate offense.




Sec. 47.05.090. Authorization of the Interstate Compact on Adoption and Medical Assistance.
 (a) The Department of Health and Social Services may, on behalf of the state, enter into the Interstate Compact on Adoption and Medical Assistance and supplementary agreements with agencies of other states for the provision of adoption and medical assistance under AS 47.07 and other provisions of this title for eligible children with special needs.

 (b) In this section, “state” includes a state, territory, possession, or commonwealth of the United States.




Sec. 47.05.100. Monthly reports concerning children.
By the 15th day of each month, the Department of Health and Social Services shall provide a report summarizing child protection activities carried out during the previous calendar month and the status of children committed to the department’s custody, including information on the number and type of reports of child abuse and neglect received, the outcome of investigations completed, the number of placements of children committed to the department’s custody, and the number of foster homes licensed. The report shall be made accessible to the public through the Internet.


Sec. 47.05.105. Enhanced computerized eligibility verification system.
 (a) The department shall establish an enhanced computerized income, asset, and identity eligibility verification system for the purposes of verifying eligibility, eliminating duplication of public assistance payments, and deterring waste and fraud in public assistance programs administered by the department under AS 47.05.010. Nothing in this section prohibits the department from verifying eligibility for public assistance through additional procedures or authorizes the department or a third-party vendor to use data to verify eligibility for a federal program if the use of that data is prohibited by federal law.

 (b) The department shall enter into a competitively bid contract with a third- party vendor for the purpose of developing a system under this section to prevent fraud, misrepresentation, and inadequate documentation when determining an applicant’s eligibility for public assistance before the payment of benefits and for periodically verifying eligibility between eligibility redeterminations and during eligibility redeterminations and reviews. The department may also contract with a third-party vendor to provide information to facilitate reviews of recipient eligibility and income verification.

 (c) The annual savings to the state resulting from the use of the system under this section must exceed the cost of implementing the system. A contract under this section must require the third-party vendor to report annual savings to the state realized from implementing the system. Payment to the third-party vendor may be based on a fee for each applicant and may include incentives for achieving a rate of success established by the department for identifying duplication, waste, and fraud in public assistance programs.

 (d) To avoid a conflict of interest, the department may not award a contract to provide services for the enrollment of public assistance providers or applicants under this title to a vendor that is awarded a contract under this section.




Article 2. Oversight of Medical Care Programs.


Sec. 47.05.200. Annual audits.
 (a) The department shall annually contract for independent audits of a statewide sample of all medical assistance providers in order to identify overpayments and violations of criminal statutes. The audits conducted under this section may not be conducted by the department or employees of the department. The number of audits under this section may not be less than 50 each year. The audits under this section must include both on-site audits and desk audits and must be of a variety of provider types. The department may not award a contract under this subsection to an organization that does not retain persons with a significant level of expertise and recent professional practice in the general areas of standard accounting principles and financial auditing and in the specific areas of medical records review, investigative research, and Alaska health care criminal law. The contractor, in consultation with the commissioner, shall select the providers to be audited and decide the ratio of desk audits and on-site audits to the total number selected. In identifying providers who are subject to an audit under this section, the department shall attempt to minimize concurrent state or federal audits.

 (b) Within 90 days after receiving each audit report from an audit conducted under this section, the department shall begin administrative procedures to recoup overpayments identified in the audits and shall allocate the reasonable and necessary financial and human resources to ensure prompt recovery of overpayments unless the attorney general has advised the commissioner in writing that a criminal investigation of an audited provider has been or is about to be undertaken, in which case, the commissioner shall hold the administrative procedure in abeyance until a final charging decision by the attorney general has been made. The commissioner shall provide copies of all audit reports to the attorney general so that the reports can be screened for the purpose of bringing criminal charges. The department may assess interest and penalties on any identified overpayment. Interest under this subsection shall be calculated using the statutory rates for postjudgment interest accruing from the date of the issuance of the final agency decision to recoup overpayments identified in the audit. In this subsection, the date of issuance of the final agency decision is the later of the date of
     (1) the department’s written notification of the decision and the provider’s appeal rights; or

     (2) if timely appealed by the provider, a final agency decision under AS 44.64.060.

 (c) Each fiscal year, the state’s share of recovered overpayments obtained because of the required contract audits under this section shall be deposited with the commissioner of revenue under AS 37.10.050 and separately accounted for by the commissioner of administration under AS 37.05.142. The legislature may appropriate a portion of the estimated balance in the account to the department to pay for the annual audits described in this section.

 (d) As a condition of obtaining payment under AS 47.07 and AS 47.08 and for purposes of this section, a provider shall allow
     (1) the department reasonable access to the records of medical assistance recipients and providers; and

     (2) audit and inspection of the records by state and federal agencies.

 (e) This section does not preclude the department from performing audits that are allowed or required under other laws.




Sec. 47.05.210. Medical assistance fraud.
 (a) A person commits the crime of medical assistance fraud if the person
     (1) knowingly submits or authorizes the submission of a claim to a medical assistance agency for property, services, or a benefit with reckless disregard that the claimant is not entitled to the property, services, or benefit;

     (2) knowingly prepares or assists another person to prepare a claim for submission to a medical assistance agency for property, services, or a benefit with reckless disregard that the claimant is not entitled to the property, services, or benefit;

     (3) except as otherwise authorized under the medical assistance program, confers, offers to confer, solicits, agrees to accept, or accepts property, services, or a benefit
          (A) to refer a medical assistance recipient to a health care provider; or

          (B) for providing health care to a medical assistance recipient if the property, services, or benefit is in addition to payment by a medical assistance agency;

     (4) does not produce medical assistance records to a person authorized to request the records;

     (5) knowingly makes a false entry in or falsely alters a medical assistance record;

     (6) knowingly destroys, mutilates, suppresses, conceals, removes, or otherwise impairs the verity, legibility, or availability of a medical assistance record knowing that the person lacks the authority to do so; or

     (7) violates a provision of AS 47.07 or AS 47.08 or a regulation adopted under AS 47.07 or AS 47.08.

 (b) Medical assistance fraud under (a)(1), (2), or (3) of this section is
     (1) a class B felony if the portion of the claim or claims submitted in violation of (a)(1) or (2) of this section, or the value of the property, services, or benefit that is in violation of (a)(3) of this section, is $25,000 or more;

     (2) a class C felony if the portion of the claim or claims submitted in violation of (a)(1) or (2) of this section, or the value of the property, services, or benefit that is in violation of (a)(3) of this section, is $500 or more but less than $25,000;

     (3) a class A misdemeanor if the portion of the claim or claims submitted in violation of (a)(1) or (2) of this section, or the value of the property, services, or benefit that is in violation of (a)(3) of this section, is less than $500.

 (c) Medical assistance fraud under (a)(4), (5), or (6) of this section is a class A misdemeanor.

 (d) Medical assistance fraud under (a)(7) of this section is a class B misdemeanor.




Sec. 47.05.220. Notice of charges.
Upon the filing of a complaint, information, presentment, or indictment charging a medical assistance provider with a crime under AS 47.05.210, the attorney general shall, in writing, notify the commissioner of the filing. Upon receiving notice from the attorney general under this section, the commissioner shall immediately undertake a review of all unpaid claims or requests for reimbursements attributable to services claimed to have been provided by the person charged.


Sec. 47.05.230. Determination of value; aggregation of amounts.
In AS 47.05.210, whenever it is necessary to determine the value of property, that value shall be determined in accordance with AS 11.46.980. In determining the degree or classification of a crime described under AS 47.05.210, amounts involved in criminal acts committed under one course of conduct, whether from the same person or several persons, shall be aggregated.


Sec. 47.05.235. Duty to identify and repay self-identified overpayments.
 (a) Unless a provider is being audited under AS 47.05.200(a), an enrolled medical assistance provider shall conduct a biennial review or audit of a statistically valid sample of claims submitted to the department for reimbursement. If overpayments are identified, the medical assistance provider shall report the overpayment to the department not later than 10 business days after identification of the overpayment. The report must also identify how the medical assistance provider intends to repay the department. After the department receives the report, the medical assistance provider and the department shall enter into an agreement establishing a schedule for repayment of the identified overpayment. The agreement may authorize repayment in a lump sum, in a payment plan, or by offsetting future billings, as approved by the department.

 (b) The department may not assess interest or penalties on an overpayment identified and repaid by a medical assistance provider under this section.




Sec. 47.05.240. Exclusion from medical assistance programs.
 (a) The commissioner may exclude an applicant to or disenroll a medical assistance provider in the medical assistance program in AS 47.07 or AS 47.08, or both, for a period of up to 10 years after unconditional discharge on a conviction
     (1) for medical assistance fraud under AS 47.05.210 or misconduct involving a controlled substance under AS 11.71; or

     (2) in a court of the United States or a court of another state or territory, for a crime with elements similar to the crimes included under (1) of this subsection.

 (b) After a period of exclusion under (a) of this section, an applicant may not participate in a medical assistance program under AS 47.07 or AS 47.08 until the applicant establishes to the commissioner by clear and convincing evidence that the applicant possesses all required licenses and certificates and is qualified to participate.




Sec. 47.05.250. Civil penalties.
 (a) The department may assess a civil penalty against a provider who violates this chapter, AS 47.07, or regulations adopted under this chapter or AS 47.07.

 (b) The department shall adopt regulations establishing a range of civil penalties that the department may assess against a provider under this section. In establishing the range of civil penalties, the department shall take into account appropriate factors, including the seriousness of the violation, the service provided by the provider, and the severity of the penalty. The regulations may not provide for a civil penalty of less than $100 or more than $25,000 for each violation.

 (c) The provisions of this section are in addition to any other remedies available under this chapter, AS 47.07, or regulations adopted under this chapter or AS 47.07.

 (d) A provider against whom a civil penalty of less than $2,500 is assessed may appeal the decision assessing the penalty to the commissioner or the commissioner’s designee. The commissioner shall, by regulation, establish time limits and procedures for an appeal under this subsection. The decision of the commissioner or the commissioner’s designee may be appealed to the office of administrative hearings established under AS 44.64.

 (e) A provider against whom a civil penalty of $2,500 or more is assessed may appeal the decision assessing the penalty to the office of administrative hearings established under AS 44.64.




Sec. 47.05.270. Medical assistance reform program.
 (a) The department shall adopt regulations to design and implement a program for reforming the state medical assistance program under AS 47.07. The reform program must include
     (1) referrals to community and social support services, including career and education training services available through the Department of Labor and Workforce Development under AS 23.15, the University of Alaska, or other sources;

     (2) electronic distribution of an explanation of medical assistance benefits to recipients for health care services received under the program;

     (3) expanding the use of telehealth for primary care, behavioral health, and urgent care;

     (4) enhancing fraud prevention, detection, and enforcement;

     (5) reducing the cost of behavioral health, senior, and disabilities services provided to recipients of medical assistance under the state’s home and community-based services waiver under AS 47.07.045;

     (6) pharmacy initiatives;

     (7) enhanced care management;

     (8) redesigning the payment process by implementing fee agreements that include one or more of the following:
          (A) premium payments for centers of excellence;

          (B) penalties for hospital-acquired infections, readmissions, and outcome failures;

          (C) bundled payments for specific episodes of care; or

          (D) global payments for contracted payers, primary care managers, and case managers for a recipient or for care related to a specific diagnosis;

     (9) stakeholder involvement in setting annual targets for quality and cost-effectiveness;

     (10) to the extent consistent with federal law, reducing travel costs by requiring a recipient to obtain medical services in the recipient’s home community, to the extent appropriate services are available in the recipient’s home community;

     (11) guidelines for health care providers to develop health care delivery models supported by evidence-based practices that encourage wellness and disease prevention.

 (b) The department shall, in coordination with the Alaska Mental Health Trust Authority, efficiently manage a comprehensive and integrated behavioral health program that uses evidence-based, data-driven practices to achieve positive outcomes for people with mental health or substance abuse disorders and children with severe emotional disturbances. The goal of the program is to assist recipients of services under the program to recover by achieving the highest level of autonomy with the least dependence on state-funded services possible for each person. The program must include
     (1) a plan for providing a continuum of community-based services to address housing, employment, criminal justice, and other relevant issues;

     (2) services from a wide array of providers and disciplines, including licensed or certified mental health and primary care professionals; and

     (3) efforts to reduce operational barriers that fragment services, minimize administrative burdens, and reduce the effectiveness and efficiency of the program.

 (c) The department shall identify the areas of the state where improvements in access to telehealth would be most effective in reducing the costs of medical assistance and improving access to health care services for medical assistance recipients. The department shall make efforts to improve access to telehealth for recipients in those locations. The department may enter into agreements with Indian Health Service providers, if necessary, to improve access by medical assistance recipients to telehealth facilities and equipment.

 (d) On or before November 15 of each year, the department shall prepare a report and submit the report to the senate secretary and the chief clerk of the house of representatives and notify the legislature that the report is available. The report must include
     (1) realized cost savings related to reform efforts under this section;

     (2) realized cost savings related to medical assistance reform efforts undertaken by the department other than the reform efforts described in this section;

     (3) a statement of whether the department has met annual targets for quality and cost-effectiveness;

     (4) recommendations for legislative or budgetary changes related to medical assistance reforms during the next fiscal year;

     (5) changes in federal laws that the department expects will result in a cost or savings to the state of more than $1,000,000;

     (6) a description of any medical assistance grants, options, or waivers the department applied for in the previous fiscal year;

     (7) the results of demonstration projects the department has implemented;

     (8) legal and technological barriers to the expanded use of telehealth, improvements in the use of telehealth in the state, and recommendations for changes or investments that would allow cost-effective expansion of telehealth;

     (9) the percentage decrease in costs of travel for medical assistance recipients compared to the previous fiscal year;

     (10) the percentage decrease in the number of medical assistance recipients identified as frequent users of emergency departments compared to the previous fiscal year;

     (11) the percentage increase or decrease in the number of hospital readmissions within 30 days after a hospital stay for medical assistance recipients compared to the previous fiscal year;

     (12) the percentage increase or decrease in state general fund spending for the average medical assistance recipient compared to the previous fiscal year;

     (13) the percentage increase or decrease in uncompensated care costs incurred by medical assistance providers compared to the percentage change in private health insurance premiums for individual and small group health insurance;

     (14) the cost, in state and federal funds, for providing optional services under AS 47.07.030(b);

     (15) the amount of state funds saved as a result of implementing changes in federal policy authorizing 100 percent federal funding for services provided to American Indian and Alaska Native individuals eligible for Medicaid, and the estimated savings in state funds that could have been achieved if the department had fully implemented the changes in policy.

 (e) In this section, “telehealth” means the practice of health care delivery, evaluation, diagnosis, consultation, or treatment, using the transfer of health care data through audio, visual, or data communications, performed over two or more locations between providers who are physically separated from the recipient or from each other or between a provider and a recipient who are physically separated from each other.




Sec. 47.05.290. Definitions.
In AS 47.05.200 — 47.05.290,
     (1) “benefit” has the meaning given in AS 11.81.900;

     (2) “claim” includes a request for payment for medical assistance services under applicable state or federal law or regulations, whether the request is in an electronic format or paper format or both;

     (3) “commissioner” means the commissioner of health and social services;

     (4) “department” means the Department of Health and Social Services;

     (5) “falsely alters” has the meaning given in AS 11.46.580;

     (6) “knowingly” has the meaning given in AS 11.81.900;

     (7) “makes a false entry” has the meaning given in AS 11.56.820;

     (8) “medical assistance agency” means the department, an agency of the department, and an agent, contractor, or designee of the department or of one of its agencies that performs one or more of the activities of the department or an agency of the department;

     (9) “medical assistance program” means a program under AS 47.07 or AS 47.08;

     (10) “medical assistance provider” or “provider” means a person or organization that provides, attempts to provide, or claims to have provided services or products to a medical assistance recipient that may qualify for reimbursement under AS 47.07 or AS 47.08 or a person or organization that participates in or has applied to participate in a medical assistance program as a supplier of a service or product;

     (11) “medical assistance recipient” means a person on whose behalf another claims or receives a payment from a medical assistance agency, without regard to whether the individual was eligible for benefits under a medical assistance program;

     (12) “medical assistance record” means records required to be kept by state or federal law or regulation regarding claims to a medical assistance agency;

     (13) “organization” has the meaning given in AS 11.81.900;

     (14) “person” has the meaning given in AS 11.81.900;

     (15) “property” has the meaning given in AS 11.81.900;

     (16) “reckless disregard” means acting recklessly, as that term is defined in AS 11.81.900;

     (17) “services” or “medical assistance services” means a health care benefit that may qualify for reimbursement under AS 47.07 or AS 47.08, including health care benefits provided, attempted to be provided, or claimed to have been provided to another, by a medical assistance provider, or “services” as defined in AS 11.81.900;

     (18) “unconditional discharge” has the meaning given in AS 12.55.185.




Article 3. Criminal History; Registry.


Sec. 47.05.300. Applicability.
 (a) The provisions of AS 47.05.310 — 47.05.390 apply to any individual or entity that is required by statute or regulation to be licensed or certified by the department or that is eligible to receive payments, in whole or in part, from the department to provide for the health, safety, and welfare of persons who are served by the programs administered by the department.

 (b) Those individual service providers subject to AS 47.05.310 — 47.05.390 under (a) of this section include
     (1) public home care providers described in AS 47.05.017;

     (2) providers of home and community-based waiver services financed under AS 47.07.030(c); and

     (3) case managers to coordinate community mental health services under AS 47.30.530.




Sec. 47.05.310. Criminal history; criminal history check; compliance.
 (a) If an individual has been charged with, convicted of, found not guilty by reason of insanity for, or adjudicated as a delinquent for, a crime that is inconsistent with the standards for licensure or certification established by the department by regulation, that individual may not own an entity, or be an officer, director, partner, member, or principal of the business organization that owns an entity. In addition, an entity may not
     (1) allow that individual to operate the entity;

     (2) hire or retain that individual at the entity as an employee, independent contractor, or unsupervised volunteer of the entity;

     (3) allow that individual to reside in the entity if not a recipient of services; or

     (4) allow that individual to be present in the entity if the individual would have regular contact with individuals who receive services from the entity, unless that individual is a family member of or visitor of an individual who receives services from the entity.

 (b) The department may not issue or renew a license or a certification for an entity that is in violation of (a) of this section or that would be in violation based on the information received as part of the application process.

 (c) The department may not issue or renew a license or certification for an entity if an individual is applying for a license, license renewal, certification, or certification renewal for the entity and that
     (1) individual has been found by a court or agency of this or another jurisdiction to have neglected, abused, or exploited a child or vulnerable adult under AS 47.10, AS 47.24, or AS 47.62 or a substantially similar provision in another jurisdiction, or to have committed medical assistance fraud under AS 47.05.210 or a substantially similar provision in another jurisdiction; or

     (2) individual’s name appears on the centralized registry established under AS 47.05.330 or a similar registry of this state or another jurisdiction.

 (d) An entity shall provide to the department a release of information authorization for a criminal history check for an individual who is not a recipient of services from the entity and, after the entity has been issued a license, license renewal, certification, or certification renewal by the department,
     (1) who intends to become an owner of the entity, or an officer, director, partner, member, or principal of the business organization that owns the entity;

     (2) whom the entity intends to hire or retain as the operator of the entity’s business;

     (3) whom the entity intends to hire or retain as an employee, independent contractor, or unsupervised volunteer of the entity; or

     (4) who will be present in the entity or at the places of operation of entity, and would have regular contact with individuals who receive services from the entity, but who is not a family member or visitor of an individual who receives services from the entity.

 (e) An individual for whom a release of information authorization has been provided to the department shall submit the individual’s fingerprints to the department, with the fee established under AS 12.62.160, for a report of criminal justice information under AS 12.62 and for submission by the Department of Public Safety to the Federal Bureau of Investigation for a national criminal history record check. The Department of Public Safety shall provide the report of criminal justice information and the results of the national criminal history record check to the department for its use in considering an application for a license, license renewal, certification, or certification renewal, or in considering other approval or selection regarding an entity, for compliance with the standards established in this section. For purposes of obtaining access to criminal justice information maintained by the Department of Public Safety under AS 12.62, the department is a criminal justice agency conducting a criminal justice activity. The department may waive the requirement for fingerprint submission if an individual is unable to provide fingerprints due to a medical or physical condition that is documented by a licensed physician.

 (f) The provisions of this section do not apply if the department grants an exception from a requirement of (a) - (e) of this section under a regulation adopted by the department.

 (g) The department shall adopt regulations listing those criminal offenses that are inconsistent with the standards for licensure or certification by the department.

 (h) An individual service provider is subject to the provisions of (a) - (g) of this section as if the individual service provider were an entity subject to those provisions.

 (i) For purposes of (b) and (c) of this section, in place of nonissuance or nonrenewal of a license or certification, an entity or individual service provider that is not required to be licensed or certified by the department or a person wishing to become an entity or individual service provider that is not required to be licensed or certified by the department is instead ineligible to receive a payment, in whole or in part, from the department to provide for the health, safety, and welfare of persons who are served by the programs administered by the department if the entity, individual service provider, or person
     (1) is in violation of (a) of this section or would be in violation based on information received by the department as part of an application, approval, or selection process;

     (2) has been found by a court or agency of this or another jurisdiction to have neglected, abused, or exploited a child or vulnerable adult under AS 47.10, AS 47.24, or AS 47.62 or a substantially similar provision in another jurisdiction, or to have committed medical assistance fraud under AS 47.05.210 or a substantially similar provision in another jurisdiction; or

     (3) appears on the centralized registry established under AS 47.05.330 or a similar registry of this state or another jurisdiction.

 (j) An individual who possesses a valid teacher certificate issued under AS 14.20.015 — 14.20.025 and applies to work at a facility licensed or certified by the Department of Education and Early Development or who applies to work in a child care facility or residential child care facility in a position as a certificated teacher with supervised access may request that the individual’s criminal justice information and national criminal history record check on file with the Department of Education and Early Development be used to satisfy the requirements of (d) and (e) of this section.

 (k) In this section,
     (1) “child care facility” has the meaning given in AS 47.25.095;

     (2) “residential child care facility” has the meaning given in AS 47.32.900;

     (3) “supervised access” means that a supervisor maintains a prudent level of awareness of the whereabouts of the individual for whom supervised access is required to ensure the protection of recipients of services.




Sec. 47.05.320. Criminal history use standards.
The department shall by regulation establish standards for the consideration and use by the department, an entity, or an individual service provider of the criminal history of an individual obtained under AS 47.05.310.


Sec. 47.05.330. Centralized registry.
 (a) The department shall by regulation provide for a centralized registry to facilitate the licensing or certification of entities and individual service providers, the authorization of payments to entities or individual service providers by the department, and the employment of individuals by entities and individual service providers.

 (b) Except for the name of each victim being redacted before the information is placed on the registry, the registry shall consist of the following information for an entity or individual service provider, an applicant on behalf of an entity or individual service provider, or an employee or unsupervised volunteer of an entity or individual service provider:
     (1) decisions, orders, judgments, and adjudications finding that the applicant, employee, or unsupervised volunteer committed
          (A) abuse, neglect, or exploitation under AS 47.10, AS 47.24, AS 47.62, or a substantially similar provision in another jurisdiction; or

          (B) medical assistance fraud under AS 47.05.210 or a substantially similar provision in another jurisdiction;

     (2) orders under a state statute or a substantially similar provision in another jurisdiction that a license or certification of the entity or individual service provider to provide services related to the health, safety, and welfare of persons was denied, suspended, revoked, or conditioned.

 (c) As a condition for applying for licensure or certification of an entity or individual service provider, or for payment to an entity or individual service provider by the department, an applicant must agree to submit timely to the registry the information required under this section relating to the entity, any individual, the applicant, employees, and unsupervised volunteers of the entity or individual service provider.

 (d) Within 24 hours of a court decision, order, judgment, or adjudication that an entity, individual service provider, or employee or unsupervised volunteer of an entity or individual service provider committed an act listed under (b) of this section, the entity, individual service provider, or employee or unsupervised volunteer of an entity or individual service provider shall report the court action to the department.

 (e) Within 24 hours of receiving notice of an allegation that an employee, unsupervised volunteer, or former employee or unsupervised volunteer of an entity or individual service provider committed an act listed under (b) of this section within the past 10 years, the entity or individual service provider shall report the allegation to the department.

 (f) The department shall prescribe by regulation the form or format by which an applicant shall submit required information to the registry.

 (g) Notwithstanding any contrary provision of law, the department may also submit information described in this section to the registry. An entity or individual that is exempt from department licensure or certification and that does not receive money from the department for its services may voluntarily submit information described in this section to the department for placement in the registry.

 (h) Information contained in the registry is confidential and is not subject to public inspection and copying under AS 40.25.110 — 40.25.125. However, information contained in the registry may be released to entities, individual service providers, and governmental agencies authorized and in a manner provided under this section and regulations adopted under this section.

 (i) A person is presumed to be acting in good faith and is immune from civil and criminal liability if the person
     (1) makes a report of medical assistance fraud, abuse, neglect, or exploitation;

     (2) submits information to the registry; or

     (3) fails to hire or retain an employee or unsupervised volunteer because the employee or unsupervised volunteer is included in the registry.

 (j) A person about whom information is placed in the registry shall be notified of the placement by the department and may request the department to delete or modify the information to correct inaccuracies. The department shall investigate the request and make necessary deletions or modifications if the department finds no relationship between the information placed in the registry and the risk of harm to the entity’s clientele.




Sec. 47.05.340. Regulations.
The department shall adopt regulations to implement AS 47.05.300 — 47.05.390.


Sec. 47.05.350. Use of information; immunity.
An entity or individual service provider that obtains information about an employee under a criminal history check under AS 47.05.310 may use that information only as provided for in regulations adopted by the department under AS 47.05.320. However, if an entity or individual service provider reasonably relies on the information provided under the regulations adopted by the department to deny employment to an individual who was selected for hire as an employee, including during a period of provisional employment, the entity or individual service provider is not liable in an action brought by the individual based on the employment determination resulting from the information.


Sec. 47.05.390. Definitions.
In AS 47.05.300 — 47.05.390, unless the context otherwise requires,
     (1) “criminal history records” has the meaning given in AS 12.64.010;

     (2) “criminal justice activity” has the meaning given in AS 12.62.900;

     (3) “criminal justice agency” has the meaning given in AS 12.62.900;

     (4) “criminal justice information” has the meaning given in AS 12.62.900;

     (5) “department” means the Department of Health and Social Services;

     (6) “entity” means an entity listed in AS 47.32.010(b) and includes an owner, officer, director, member, or partner of the entity;

     (7) “individual service provider” means an individual described in AS 47.05.300(a), and includes those listed in AS 47.05.300(b);

     (8) “license” includes a provisional license;

     (9) “unsupervised” means that an individual who is licensed under AS 47.32, after submitting a criminal history background check, is not physically present to observe the volunteer at the entity.




Chapter 07. Medical Assistance for Needy Persons.

Sec. 47.07.010. Purpose.
It is declared by the legislature as a matter of public concern that the needy persons of this state who are eligible for medical care at public expense under this chapter should seek only uniform and high quality care that is appropriate to their condition and cost-effective to the state and receive that care, regardless of race, age, national origin, or economic standing. It is equally a matter of public concern that providers of services under this chapter should operate honestly, responsibly, and in accordance with applicable laws and regulations in order to maintain the integrity and fiscal viability of the state’s medical assistance program, and that those who do not operate in this manner should be held accountable for their conduct. It is vital that the department administer this chapter in a manner that promotes effective, long-term cost containment of the state’s medical assistance expenditures while providing medical care to recipients. Accordingly, this chapter authorizes the department to apply for participation in the national medical assistance program as provided for under 42 U.S.C. 1396 — 1396p (Title XIX, Social Security Act).


Sec. 47.07.020. Eligible persons.
 (a) All residents of the state for whom the Social Security Act requires Medicaid coverage are eligible to receive medical assistance under 42 U.S.C. 1396 — 1396p (Title XIX, Social Security Act).

 (b) In addition to the persons specified in (a) of this section, the following optional groups of persons for whom the state may claim federal financial participation are eligible for medical assistance:
     (1) persons eligible for but not receiving assistance under any plan of the state approved under 42 U.S.C. 1381 — 1383c (Title XVI, Social Security Act, Supplemental Security Income) or a federal program designated as the successor to the aid to families with dependent children program;

     (2) persons in a general hospital, skilled nursing facility, or intermediate care facility, who, if they left the facility, would be eligible for assistance under one of the federal programs specified in (1) of this subsection;

     (3) persons under 21 years of age who are under supervision of the department, for whom maintenance is being paid in whole or in part from public funds, and who are in foster homes or private child-care institutions;

     (4) aged, blind, or disabled persons, who, because they do not meet income and resources requirements, do not receive supplemental security income under 42 U.S.C. 1381 — 1383c (Title XVI, Social Security Act), and who do not receive a mandatory state supplement, but who are eligible, or would be eligible if they were not in a skilled nursing facility or intermediate care facility to receive an optional state supplementary payment;

     (5) persons under 21 years of age who are in an institution designated as an intermediate care facility for persons with intellectual and developmental disabilities and who are financially eligible as determined by the standards of the federal program designated as the successor to the aid to families with dependent children program;

     (6) persons in a medical or intermediate care facility whose income while in the facility does not exceed 300 percent of the supplemental security income benefit rate under 42 U.S.C. 1381 — 1383c (Title XVI, Social Security Act) but who would not be eligible for an optional state supplementary payment if they left the hospital or other facility;

     (7) persons under 21 years of age who are receiving active treatment in a psychiatric hospital and who are financially eligible as determined by the standards of the federal program designated as the successor to the aid to families with dependent children program;

     (8) persons under 21 years of age and not covered under (a) of this section, who would be eligible for benefits under the federal program designated as the successor to the aid to families with dependent children program, except that they have the care and support of both their natural and adoptive parents;

     (9) pregnant women not covered under (a) of this section and who meet the income and resource requirements of the federal program designated as the successor to the aid to families with dependent children program;

     (10) persons under 21 years of age not covered under (a) of this section who the department has determined cannot be placed for adoption without medical assistance because of a special need for medical or rehabilitative care and who the department has determined are hard-to-place children eligible for subsidy under AS 25.23.190 — 25.23.210;

     (11) persons who can be considered under 42 U.S.C. 1396a(e)(3) (Title XIX, Social Security Act, Medical Assistance) to be individuals with respect to whom a supplemental security income is being paid under 42 U.S.C. 1381 — 1383c (Title XVI, Social Security Act) because they meet all of the following criteria:
          (A) they are 18 years of age or younger and qualify as disabled individuals under 42 U.S.C. 1382c(a) (Title XVI, Social Security Act);

          (B) the department has determined that
               (i) they require a level of care provided in a hospital, nursing facility, or intermediate care facility for persons with intellectual and developmental disabilities;

               (ii) it is appropriate to provide their care outside of an institution; and

               (iii) the estimated amount that would be spent for medical assistance for their individual care outside an institution is not greater than the estimated amount that would otherwise be expended individually for medical assistance within an appropriate institution;

          (C) if they were in a medical institution, they would be eligible for medical assistance under other provisions of this chapter; and

          (D) home and community-based services under a waiver approved by the federal government are either not available to them under this chapter or would be inappropriate for them;

     (12) disabled persons, as described in 42 U.S.C. 1396a(a)(10)(A)(ii)(XIII), who are in families whose income, as determined under applicable federal regulations or guidelines, is less than 250 percent of the official poverty line applicable to a family of that size according to the United States Department of Health and Human Services, and who, but for earnings in excess of the limit established under 42 U.S.C. 1396d(q)(2)(B), would be considered to be individuals with respect to whom a supplemental security income is being paid under 42 U.S.C. 1381 — 1383c; a person eligible for assistance under this paragraph who is not eligible under another provision of this section shall pay a premium or other cost-sharing charges according to a sliding fee scale that is based on income as established by the department in regulations;

     (13) persons under 19 years of age who are not covered under (a) of this section and whose household income does not exceed 175 percent of the federal poverty line as defined by the United States Department of Health and Human Services and revised under 42 U.S.C. 9902(2);

     (14) pregnant women who are not covered under (a) of this section and whose household income does not exceed 175 percent of the federal poverty line as defined by the United States Department of Health and Human Services and revised under 42 U.S.C. 9902(2);

     (15) persons who have been diagnosed with breast or cervical cancer and who are eligible for coverage under 42 U.S.C. 1396a(a)(10)(A)(ii)(XVIII).

 (c) Receipt of medical assistance under this chapter is considered to be an additional benefit to these individuals and does not affect other assistance payments, federal or state, for which the recipient is eligible.

 (d) Additional groups may not be added unless approved by the legislature.

 (e) Notwithstanding (b)(4) of this section, a person is not eligible for Medicaid benefits until a final determination is made on the eligibility of that person for benefits under 42 U.S.C. 1381 — 1383c (Title XVI, Social Security Act).

 (f) A person may not be denied eligibility for medical assistance under this chapter on the basis of a diversion of income or transfer of assets, whether by assignment or after receipt of the income, into a Medicaid-qualifying trust or annuity that, according to a determination made by the department,
     (1) has provisions that require that the state will receive all of the trust or annuity assets remaining at the death of the individual, subject to a maximum amount that equals the total medical assistance paid on behalf of the individual; and

     (2) otherwise meets the requirements of 42 U.S.C. 1396p(d)(4) for a trust and 42 U.S.C. 1396p(c)(1)(F) and 42 U.S.C. 1396p(e)(1) for an annuity.

 (g) A person’s eligibility for medical assistance under this chapter may not be denied or delayed on the basis of a transfer of assets for less than fair market value if the person establishes to the satisfaction of the department that the denial or delay would work an undue hardship on the person as determined on the basis of criteria in applicable federal regulations.

 (h) A person who meets the eligibility requirements of (a) or (b) of this section, except that the person is a qualified alien as defined in 8 U.S.C. 1641, is eligible for medical assistance unless the person is not eligible under the limited eligibility provision of 8 U.S.C. 1613.

 (i) The department may allow a person under 19 years of age who is determined to be eligible for benefits under this chapter to remain eligible for those benefits for up to 11 calendar months following the month that the person is determined eligible for benefits or until the person is 19 years old, whichever occurs earlier.

 (j) [Repealed, § 1 ch 39 SLA 2008.]
 (k) [Repealed, § 1 ch 39 SLA 2008.]
 (l) Notwithstanding the eligibility provisions under (a) and (b) of this section, a person may not receive medical assistance under this section unless the person first enrolls in the Medicare program under 42 U.S.C. 1395 to the extent that the person is eligible to receive benefits and services under the program.

 (m) Except as provided in (g) of this section, the department shall impose a penalty period of ineligibility for the transfer of an asset for less than fair market value by an applicant or an applicant’s spouse consistent with 42 U.S.C. 1396p(c)(1).

 (n) [Repealed, § 1 ch 39 SLA 2008.]




Sec. 47.07.025. Assignment of medical support rights.
 (a) An applicant for or recipient of assistance under this chapter is considered to have assigned to the state, through the department and the child support services agency, all rights to accrued and continuing medical support that the applicant and other persons for whom assistance is sought may have from all sources. The assignment takes effect upon a determination that the applicant is eligible for assistance under this chapter. Except with respect to the amount of any unpaid medical support obligation accrued under the assignment, the assignment under this section terminates when the applicant ceases to receive assistance under this chapter.

 (b) Through the child support services agency or on its own behalf, the department may garnish the wages, salary, or other employment income of a person who
     (1) is required by a medical support order, cash medical support order, or both, under AS 25.27.060(c) to provide insurance or cash coverage of the costs of medical care to a child who is eligible for medical assistance under this chapter;

     (2) has received payment from a third party for the costs of the services; and

     (3) has not used the payments to reimburse, as appropriate, the other parent or custodian of the child, the provider of the services, or the department.

 (c) Garnishment under (b) of this section is limited to the amount necessary to reimburse the department for expenditures for the child under this chapter. Claims for current support or support arrearages take priority over claims under this section.




Sec. 47.07.030. Medical services to be provided.
 (a) The department shall offer all mandatory services required under 42 U.S.C. 1396 — 1396p (Title XIX of the Social Security Act).

 (b) In addition to the mandatory services specified in (a) of this section and the services provided under (d) of this section, the department may offer only the following optional services: case management services for traumatic or acquired brain injury; case management and nutrition services for pregnant women; personal care services in a recipient’s home; emergency hospital services; long-term care noninstitutional services; medical supplies and equipment; advanced practice registered nurse services; clinic services; rehabilitative services for children eligible for services under AS 47.07.063, substance abusers, and emotionally disturbed or chronically mentally ill adults; targeted case management services; inpatient psychiatric facility services for individuals 65 years of age or older and individuals under 21 years of age; psychologists’ services; clinical social workers’ services; midwife services; prescribed drugs; physical therapy; occupational therapy; chiropractic services; low-dose mammography screening, as defined in AS 21.42.375(e); hospice care; treatment of speech, hearing, and language disorders; adult dental services; prosthetic devices and eyeglasses; optometrists’ services; intermediate care facility services, including intermediate care facility services for persons with intellectual and developmental disabilities; skilled nursing facility services for individuals under 21 years of age; and reasonable transportation to and from the point of medical care.

 (c) Notwithstanding (b) of this section, the department may offer a service for which the department has received a waiver from the federal government if the department was authorized, directed, or requested to apply for the waiver by law or by a concurrent or joint resolution of the legislature.

 (d) The department shall establish as optional services a primary care case management system or a managed care organization contract in which certain eligible individuals are required to enroll and seek approval from a case manager or the managed care organization before receiving certain services. The purpose of a primary care case management system or managed care organization contract is to increase the use of appropriate primary and preventive care by medical assistance recipients while decreasing the unnecessary use of specialty care and hospital emergency department services. The department shall
     (1) establish enrollment criteria and determine eligibility for services consistent with federal and state law; the department shall require recipients with multiple hospitalizations to enroll in a primary care case management system or with a managed care organization under this subsection, except that the department may exempt recipients with chronic, acute, or terminal medical conditions from the requirement under this paragraph;

     (2) define the coordinated care services and the provider types eligible to participate as primary care providers;

     (3) create a performance and quality reporting system; and

     (4) integrate the coordinated care demonstration projects described under AS 47.07.039 and the demonstration projects described under AS 47.07.036(e) with the primary care case management system or managed care organization contract established under this subsection.

 (e) The department shall provide the services set out in (a) and (b) of this section to an eligible person, notwithstanding the person’s participation in an approved clinical trial. In this subsection, “approved clinical trial” has the meaning given in AS 21.42.415.

 (f) When the department authorizes the purchase of durable medical equipment under this section, the department may require a recipient of medical assistance services to purchase used or refurbished durable medical equipment if used or refurbished durable medical equipment
     (1) is available;

     (2) is less expensive, including shipping, than new durable medical equipment of the same type;

     (3) is able to withstand at least three years of use; and

     (4) equally meets the needs of the recipient.

 (g) In this section,
     (1) “case management services for traumatic or acquired brain injury” means services furnished to assist individuals who reside in a community setting or who are transitioning to a community setting to gain access to needed medical, social, educational, and other available services;

     (2) “durable medical equipment” means equipment that
          (A) can withstand repeated use;

          (B) is primarily and customarily used to serve a medical purpose;

          (C) generally is not useful to an individual in the absence of an illness or injury; and

          (D) is appropriate for use in the home, school, or community.

     (3) “traumatic or acquired brain injury” has the meaning given in AS 47.80.529.




Sec. 47.07.032. Inpatient psychiatric services for persons under 21 years of age.
 (a) Notwithstanding AS 47.07.030, the department may not grant assistance under this chapter for inpatient psychiatric services to a person under 21 years of age who is in an out-of-state psychiatric hospital facility or an out-of-state residential psychiatric treatment center unless the department determines that the assistance is for
     (1) psychiatric hospital services that are consistent with the person’s clinical diagnosis and appropriately address the person’s needs and that these services are unavailable in the state; or

     (2) residential psychiatric treatment center services that are consistent with the person’s clinical diagnosis and appropriately address the person’s needs and that these services are unavailable in the state.

 (b) The department shall, on a monthly basis, evaluate what types of services are available in the state for inpatient psychiatric care for persons under 21 years of age. If inpatient psychiatric services that are consistent with the person’s clinical diagnosis and that appropriately address the person’s needs become available at a location in the state for a person under 21 years of age who is receiving the services under this chapter at a location outside the state, the department shall, as a condition of continued eligibility for coverage of the services under this chapter, require the person to be transferred to the in-state facility unless the department determines that the transfer would be detrimental to the person’s health, established therapeutic relationship, or clinical need.




Sec. 47.07.035. Priority of medical assistance. [Repealed, § 4 ch 106 SLA 2003.]
Sec. 47.07.036. Cost containment measures authorized.
 (a) If the department finds that the costs of medical assistance for all persons eligible under this chapter will exceed the amount allocated in the state budget for a fiscal year, the department may implement cost containment measures to reduce anticipated program costs for that fiscal year as authorized under this section.

 (b) The department, in implementing this section, shall take all reasonable steps to implement cost containment measures that do not eliminate program eligibility or the scope of services required or authorized under AS 47.07.020 and 47.07.030 before implementing cost containment measures under (c) of this section that directly affect program eligibility or coverage of services. The cost containment measures taken under this subsection may include new utilization review procedures, changes in provider payment rates, precertification requirements for coverage of services, and agreements with federal officials under which the federal government will assume responsibility for coverage of some individuals or some services for some individuals through such federal programs as the Indian Health Service or Medicare.

 (c) If cost containment measures authorized under (b) of this section are insufficient to reduce the anticipated program costs for a fiscal year to the amount allocated in the state budget for the program for that fiscal year, the department may, to the extent authorized under federal law and the state’s constitution, deny any or all optional services listed in AS 47.07.030(b) — (d) to a person eligible for services under AS 47.07.020 or deny program eligibility to a person who is eligible for the medical assistance program under the optional coverage provisions of AS 47.07.020(b) — (i). However, the department may not eliminate program participation of a person who is eligible for coverage under AS 47.07.020(a), nor may the department deny coverage of a service described in AS 47.07.030(a) for a person who is eligible for the medical assistance program under AS 47.07.020.

 (d) Notwithstanding (a) — (c) of this section, the department may
     (1) apply for a section 1915(i) option under 42 U.S.C. 1396n to improve services and care through home and community-based services to obtain, at a minimum, a 50 percent federal match;

     (2) apply for a section 1915(k) option under 42 U.S.C. 1396n to provide home and community-based services and support to increase the federal match for these programs from 50 percent to 56 percent;

     (3) apply for a section 1945 option under 42 U.S.C. 1396w-4 to provide coordinated care through health homes for individuals with chronic conditions and to increase the federal match for the services to 90 percent for the first eight quarters the required state plan amendment is in effect;

     (4) evaluate and seek permission from the United States Department of Health and Human Services, Centers for Medicare and Medicaid Services, to participate in various demonstration projects, including payment reform, care management programs, workforce development and innovation, and innovative services delivery models; and

     (5) provide incentives for telehealth, including increasing the capability for and reimbursement of telehealth for recipients.

 (e) Notwithstanding (a) - (c) of this section, and in addition to the projects and services described under (d) and (f) of this section, the department shall apply for a section 1115 waiver under 42 U.S.C. 1315(a) to establish one or more demonstration projects focused on innovative payment models for one or more groups of medical assistance recipients in one or more specific geographic areas. The demonstration project or projects may include
     (1) managed care organizations as described under 42 U.S.C. 1396u-2;

     (2) community care organizations;

     (3) patient-centered medical homes as described under 42 U.S.C. 256a- 1; or

     (4) other innovative payment models that ensure access to health care without reducing the quality of care.

 (f) Notwithstanding (a) - (c) of this section, and in addition to the projects and services described under (d) and (e) of this section, the department shall apply for a section 1115 waiver under 42 U.S.C. 1315(a) to establish one or more demonstration projects focused on improving the state’s behavioral health system for medical assistance recipients. The department shall engage stakeholders and the community in the development of a project or projects under this subsection. The demonstration project or projects must
     (1) be consistent with the comprehensive and integrated behavioral health program described under AS 47.05.270(b); and

     (2) include continuing cooperation with the grant-funded community mental health clinics and drug and alcohol treatment centers that have historically provided care to recipients of behavioral health services.

 (g) In this section, “telehealth” has the meaning given in AS 47.05.270(e).






Sec. 47.07.038. Collaborative, hospital-based project to reduce use of emergency department services.

Sec. 47.07.039. Coordinated care demonstration projects.
 (a) The department shall contract with one or more third parties to implement one or more coordinated care demonstration projects for recipients of medical assistance identified by the department. The purpose of a demonstration project under this section is to assess the efficacy of a proposed health care delivery model with respect to cost for, access to, and quality of care for medical assistance recipients. The department may contract for separate demonstration projects to coordinate care for different groups of medical assistance recipients to achieve more effective care for recipients at greater cost savings for the medical assistance program. The department shall request proposals for at least one project under this section on or before December 31, 2016, and may annually request proposals for additional projects under this section thereafter. The department may use an innovative procurement process as described under AS 36.30.308 to award a contract for a project under this section. A proposal for a demonstration project under this section must be submitted to the committee established under (b) of this section and must include three or more of the following elements:
     (1) comprehensive primary-care-based management for medical assistance services, including behavioral health services and coordination of long-term services and support;

     (2) care coordination, including the assignment of a primary care provider located in the local geographic area of the recipient, to the extent practical;

     (3) health promotion;

     (4) comprehensive transitional care and follow-up care after inpatient treatment;

     (5) referral to community and social support services, including career and education training services available through the Department of Labor and Workforce Development under AS 23.15, the University of Alaska, or other sources;

     (6) sustainability and the ability to achieve similar results in other regions of the state;

     (7) integration and coordination of benefits, services, and utilization management;

     (8) local accountability for health and resource allocation;

     (9) an innovative payment process, including bundled payments or global payments.

 (b) A project review committee is established in the department for the purpose of reviewing proposals for demonstration projects under this section. The project review committee consists of
     (1) the commissioner of the department, or the commissioner’s designee;

     (2) the commissioner of administration, or the commissioner’s designee;

     (3) the chief executive officer of the Alaska Mental Health Trust Authority, or the chief executive officer’s designee, who shall serve as chair of the committee;

     (4) two representatives of stakeholder groups, appointed by the governor for staggered three-year terms, as follows:
          (A) one representative of a stakeholder group who has direct experience with health plan management and cost control for the medical assistance population;

          (B) one representative of a stakeholder group who has direct experience with health plan management and cost control for a nongovernment employer of 500 or more employees in the state;

     (5) a nonvoting member who is a member of the senate, appointed by the president of the senate; and

     (6) a nonvoting member who is a member of the house of representatives, appointed by the speaker of the house of representatives.

 (c) The department may contract with a managed care organization, primary care case manager, accountable care organization, prepaid ambulatory health plan, or provider-led entity to implement a demonstration project under this section. The fee structure for a contract under this subsection may include global payments, bundled payments, capitated payments, shared savings and risk, or other payment structures. The department shall work with the division of insurance, Department of Commerce, Community, and Economic Development, to streamline the application process for a company to obtain a certificate of authority required under AS 21.09.010 as necessary to participate in a demonstration project under this section.

 (d) A proposal for a demonstration project under this section must include, in addition to the elements required under (a) of this section, information demonstrating how the project will implement additional cost-saving measures, including innovations to reduce the cost of care for medical assistance recipients through the expanded use of telehealth for primary care, urgent care, and behavioral health services. The department shall identify legal or cost barriers preventing the expanded use of telehealth and shall recommend remedies for identified barriers.

 (e) The department shall contract with a third-party actuary to review demonstration projects established under this section. The actuary shall review each demonstration project after two years of implementation and make recommendations for the implementation of a similar project on a statewide basis. The actuary shall evaluate each project based on cost savings for the medical assistance program, health outcomes for participants in the project, and the ability to achieve similar results on a statewide basis. On or before December 31 of each year, starting in 2018, the actuary shall submit a final report to the department regarding any demonstration project that has been in operation for at least two years.

 (f) The department shall prepare a plan regarding regional or statewide implementation of a coordinated care project based on the results of the demonstration projects under this section. On or before November 15, 2019, the department shall submit the plan to the senate secretary and the chief clerk of the house of representatives and notify the legislature that the plan is available. On or before November 15 of each year thereafter, the department shall submit a report regarding any changes or recommendations regarding the plan developed under this subsection to the senate secretary and the chief clerk of the house of representatives and notify the legislature that the report is available.

 (g) In this section, “telehealth” has the meaning given in AS 47.05.270(e).




Sec. 47.07.040. State plan for provision of medical assistance.
The department shall prepare a state plan in accordance with the provisions of 42 U.S.C. 1396 — 1396p (Title XIX, Social Security Act, Medical Assistance) and submit it for approval to the United States Department of Health and Human Services. The plan shall designate that the Department of Health and Social Services is the single state agency to administer this plan. The department shall act for the state in any negotiations relative to the submission and approval of the plan. The department may make those arrangements or regulatory changes, not inconsistent with law, as may be required under federal law to obtain and retain approval of the United States Department of Health and Human Services to secure for the state the optimum federal payment under the provisions of 42 U.S.C. 1396 — 1396p (Title XIX, Social Security Act, Medical Assistance).


Sec. 47.07.042. Recipient cost-sharing.
 (a) Except as provided in (b) — (d) of this section, the state plan developed under AS 47.07.040 shall impose deductible, coinsurance, and copayment requirements on persons eligible for assistance under this chapter to the maximum extent allowed under federal law and regulations. The plan must provide that health care providers shall collect the allowable charge. The department shall reduce payments to each provider by the amount of the allowable charge. A provider may not deny services because a recipient is unable to share costs, but an inability to share costs imposed under this section does not relieve the recipient of liability for the costs.

 (b) The state plan developed under AS 47.07.040 shall impose a copayment requirement for inpatient hospital services in an amount that is the lesser of
     (1) $50 a day, up to a maximum of $200 per discharge; or

     (2) the maximum allowed under federal law and regulations.

 (c) If the department has clear and compelling reason to believe that application of the maximum allowable charges under (a) of this section to a specific service would not reduce state expenditures or would generate savings to the state that are insignificant in relation to the total cost containment possible, then the department may waive the charges otherwise required under (a) of this section as to that specific service.

 (d) In addition to the requirements established under (a) and (b) of this section, the department may require premiums or cost-sharing contributions from recipients who are eligible for benefits under AS 47.07.020(b)(13) and whose household income is between 150 and 175 percent of the federal poverty line. If the department requires premiums or cost-sharing contributions under this subsection, the department
     (1) shall adopt in regulation a sliding scale for those premiums or contributions based on household income;

     (2) may not exceed the maximums allowed under federal law; and

     (3) shall implement a system by which the department or its designee collects those premiums or contributions.

 (e) Except as provided in (c) of this section and notwithstanding (b) of this section, the department may require premiums and other cost-sharing contributions from recipients who are eligible for assistance under AS 47.07.020(b)(15) to the maximum extent allowed by federal law. If the department requires premiums or other cost-sharing contributions under this subsection, the department shall
     (1) adopt in regulation a sliding scale for those premiums or contributions based on household income; and

     (2) implement a system by which the department or its designee collects the premiums or other cost-sharing contributions.

 (f) [Repealed, § 3 ch 48 SLA 2007.]




Sec. 47.07.045. Home and community-based services.
 (a) The department may provide home and community-based services under a waiver in accordance with 42 U.S.C. 1396 — 1396p (Title XIX, Social Security Act), this chapter, and regulations adopted under this chapter, if the department has received approval from the federal government and the department has appropriations allocated for the purpose. To supplement the standards in (b) of this section, the department shall establish in regulation additional standards for eligibility and payment for the services.

 (b) Before the department may terminate payment for services provided under (a) of this section
     (1) the recipient must have had an annual assessment to determine whether the recipient continues to meet the standards under (a) of this section;

     (2) the annual assessment must have been reviewed by an independent qualified health care professional under contract with the department; for purposes of this paragraph, “independent qualified health care professional” means,
          (A) for a waiver based on intellectual or developmental disability, a person who is qualified under 42 CFR 483.430 as a qualified intellectual disability professional;

          (B) for other allowable waivers, a registered or advanced practice registered nurse licensed under AS 08.68 who is qualified to assess children with complex medical conditions, older Alaskans, and adults with physical disabilities for medical assistance waivers; and

     (3) the annual assessment must find that the recipient’s condition has materially improved since the previous assessment; for purposes of this paragraph, “materially improved” means that a recipient who has previously qualified for a waiver for
          (A) a child with complex medical conditions, no longer needs technical assistance for a life-threatening condition, and is expected to be placed in a skilled nursing facility for less than 30 days each year;

          (B) intellectual or developmental disability, no longer needs the level of care provided by an intermediate care facility for persons with intellectual and developmental disabilities either because the qualifying diagnosis has changed or the recipient is able to demonstrate the ability to function in a home setting without the need for waiver services; or

          (C) an older Alaskan or adult with a physical disability, no longer has a functional limitation or cognitive impairment that would result in the need for nursing home placement, and is able to demonstrate the ability to function in a home setting without the need for waiver services.

 (c) If a child who is financially dependent on a military service member is eligible for home and community-based services while physically present in the state, the department shall provide for home and community-based services when the child returns to the state as though the child had remained in the state if the military service member provides proof acceptable to the department that
     (1) the member has maintained residency in the state for the period of eligibility; proof under this paragraph must include official military personnel records;

     (2) the member and the dependent child are physically present in the state and intend to reside permanently in the state while receiving the home and community-based services;

     (3) the member returned to the state within 18 months after separating from military service; and

     (4) the member’s dependent child is not eligible for coverage of home and community-based services under another health insurance plan.

 (d) In (c) of this section, “military” means the armed forces of the United States, the United States Coast Guard, or the Alaska National Guard.




Sec. 47.07.046. Traumatic or acquired brain injury services.
 (a) The department shall provide traumatic or acquired brain injury services under a waiver in accordance with 42 U.S.C. 1396 — 1396p (Title XIX, Social Security Act), this chapter, and regulations adopted under this chapter, if the department has received approval from the federal government and the department has appropriations allocated for the purpose. In addition to the annual assessment required in (b) of this section, the department shall establish in regulation additional standards for eligibility and payment for the services.

 (b) Before the department may terminate payment for services provided under (a) of this section, the recipient must have had an annual assessment to determine whether the recipient continues to meet the standards established by regulation under (a) of this section.

 (c) In this section, “traumatic or acquired brain injury” has the meaning given in AS 47.80.529.




Sec. 47.07.050. Implementation of the medical assistance program.
The department shall take the steps necessary to adopt those regulations, prepare necessary documentation for the state and providers, and undertake the systems design that may be necessary to implement the provisions of this chapter on or before November 1, 1972. Implementation of the medical assistance program shall include appropriate controls and reporting capabilities as required by the United States Department of Health and Human Services, and the department shall make those necessary reports as required by that federal agency or as requested by the legislature.


Sec. 47.07.055. Recovery of medical assistance from estates.
 (a) The estate of an individual who received medical assistance payments is subject to a claim for recovery of the medical assistance after the individual’s death that, except as provided in (b) of this section, may be secured by a lien filed against the individual’s real property during the individual’s lifetime if the
     (1) individual was an inpatient in a nursing facility, intermediate care facility for persons with intellectual and developmental disabilities, or other medical institution;

     (2) department required the individual, as a condition of receiving medical assistance under this chapter, to spend for medical expenses all but a minimal amount of that individual’s income; and

     (3) department determined during the individual’s lifetime, after notice and opportunity for hearing, that the individual could not reasonably be expected to be discharged from the institution and to return home.

 (b) A lien may not be filed under (a) of this section against an individual’s home if the home is lawfully occupied by the individual’s
     (1) spouse;

     (2) child under age 21;

     (3) blind or disabled child as described in AS 47.25.615(3) or (5) or 42 U.S.C. 1382(c); or

     (4) sibling, if the sibling has an equity interest in the home and was residing in the home for at least one year before the date of the individual’s admission to the institution.

 (c) The state may not recover the costs of medical assistance under a lien on a home under (a) of this section until after the death of the individual’s surviving spouse, if any, and only at a time when neither of the following is lawfully residing in the home:
     (1) a sibling of the individual who was residing in the individual’s home for a period of at least one year immediately preceding the date of the individual’s institutionalization and who has continuously resided in the home since the institutionalization began; or

     (2) a son or daughter of the individual who
          (A) resided in the home for at least two years immediately preceding the date of the individual’s institutionalization;

          (B) has continuously resided in the home since the institutionalization began; and

          (C) establishes to the department’s satisfaction that the son or daughter provided care to the individual that allowed the individual to reside in the home rather than in an institution.

 (d) A lien and claim authorized under (a) of this section are extinguished if, during the individual’s lifetime, the individual is discharged from the institution and returns home. However, a new lien and claim are authorized for subsequent expenses if the circumstances described in (a) of this section occur after the individual returns home.

 (e) In addition to recovery of medical assistance upon sale of property subject to a lien authorized under (a) — (d) of this section, after an individual’s death, the individual’s estate is subject to a claim for reimbursement for medical assistance payments made on behalf of the individual under this chapter for the following services to the extent that those services were provided when the individual was 55 years of age or older:
     (1) services received while an inpatient in a nursing facility, intermediate care facility for persons with intellectual and developmental disabilities, or other medical institutions; and

     (2) home and community-based services provided through a waiver received from the federal government that allows home and community-based services to be covered under this chapter for persons who are eligible for coverage under this chapter while in an institution but who are able to avoid institutionalization because of the provision of home and community-based services.

 (f) Other than a recovery upon sale of a home, a claim under this section may be made only after the death of the individual’s surviving spouse, if any, and only at a time when the individual has no surviving child under age 21 and no surviving child who is blind or totally and permanently disabled.

 (g) For purposes of AS 13.16.470, the claims authorized under this section are debts with preference under the laws of the state.

 (h) In addition to the claims allowed under the other provisions of this section, the state may file a claim under AS 06.65.320 against the amount in an individual’s program account after the individual dies. Notwithstanding the other provisions of this section, the claim is subject to the requirements of 26 U.S.C. 529A(f) (Internal Revenue Code). In this subsection, “program account” has the meaning given in AS 06.65.390.




Sec. 47.07.060. Receipt of federal money.
The Department of Administration shall accept and receive all grants of money awarded to the state under 42 U.S.C. 1396 — 1396p (Title XIX, Social Security Act, Medical Assistance). All money received shall be deposited by the Department of Administration in a special account of the general fund and shall be used by the state exclusively for medical assistance and the administration of medical assistance under the provisions of this chapter. This money shall be paid from the account on a certified disbursement voucher from the department.


Sec. 47.07.063. Payment for certain services furnished or paid for by a school district.
 (a) The department may pay medical assistance under this chapter to a school district on behalf of an eligible child with a disability for rehabilitative and other mandatory and optional services covered under this chapter that are furnished or paid for by the school district if
     (1) the school district and the department have entered into an agreement requiring the school district to reimburse the department for any state financial share required by the federal government;

     (2) the rehabilitative and other mandatory and optional services are
          (A) included in the child’s individualized education program developed under AS 14.30.278; and

          (B) otherwise eligible for reimbursement under this chapter;

     (3) the child is a child with a disability who
          (A) is eligible for medical assistance under this chapter for the services; and

          (B) complies with all applicable provisions of this chapter for that assistance;

     (4) the school district fully complies with billing, auditing, and reporting required under the approved state plan described in AS 47.07.040;

     (5) reimbursement of payment for the rehabilitative and other mandatory and optional services under this section does not exceed reimbursement allowable for the services under this chapter; and

     (6) all other requirements of federal and state law are met.

 (b) Notwithstanding any contrary provision of state law, the school district shall allow the department access to medical, financial, and other records of the child that are in the possession of the school district in order to verify eligibility for services under this chapter. The department shall keep information received under this subsection confidential to the same extent as the school district is required to keep the information confidential under law.

 (c) The department may adopt regulations to carry out this section.

 (d) In this section, unless the context otherwise requires,
     (1) “child with a disability” has the meaning given in AS 14.30.350;

     (2) “rehabilitative services” has the meaning given in 42 C.F.R. 440.130;

     (3) “school district” has the meaning given the term “district” in AS 14.17.990, but includes a state boarding school established under AS 14.16.010.




Sec. 47.07.065. Payment for prescribed drugs.
The department shall pay for prescribed drugs under AS 47.07.030(b) under regulations adopted by the commissioner in conformity with applicable federal regulations.


Sec. 47.07.067. Payment for adult dental services.
 (a) Subject to appropriation, the department shall pay for minimum treatment and for preventative and restorative adult dental services provided under AS 47.07.030(b) and under regulations adopted by the commissioner in conformity with applicable federal requirements and this chapter. Regulations adopted under this section must include the following:
     (1) except as provided in (d) of this section, a maximum amount of benefits for preventative and restorative adult dental services of $1,150 for each eligible recipient in a fiscal year; and

     (2) specification of the scope of coverage for preventative and restorative adult dental services.

 (b) On or before June 30 of each year, the department shall review appropriations available for the purposes of this section for the following fiscal year, and estimate the scope of services to be used and the number of eligible recipients anticipated to be served during the following fiscal year. Notwithstanding the maximum amount of benefits specified in (a)(1) of this section, the department shall reduce, by regulation, the specified maximum amount of benefits for the following fiscal year if the department’s estimates under this subsection would exceed appropriations available for that fiscal year.

 (c) Notwithstanding any contrary provision of AS 44.62, the department may adopt emergency regulations to implement (b) of this section.

 (d) If the department authorizes or approves payment for complete or partial dentures for an eligible recipient, the department may authorize the payment in one fiscal year of the maximum payment amount for not more than two fiscal years. A recipient is not eligible for additional benefits under this section for a two-year period.

 (e) As used in this section, “minimum treatment” means the application or prescription of a medication or material deemed necessary by a licensed dentist for the immediate relief of pain or to reduce the spread of infection.




Sec. 47.07.068. Payment for abortions.
 (a) The department may not pay for abortion services under this chapter unless the abortion services are for a medically necessary abortion or the pregnancy was the result of rape or incest. Payment may not be made for an elective abortion.

 (b) In this section,
     (1) “abortion” has the meaning given in AS 18.16.090;

     (2) “elective abortion” means an abortion that is not a medically necessary abortion;

     (3) “medically necessary abortion” means that, in a physician’s objective and reasonable professional judgment after considering medically relevant factors, an abortion must be performed to avoid a threat of serious risk to the life or physical health of a woman from continuation of the woman’s pregnancy;

     (4) “serious risk to the life or physical health” includes, but is not limited to, a serious risk to the pregnant woman of
          (A) death; or

          (B) impairment of a major bodily function because of
               (i) diabetes with acute metabolic derangement or severe end organ damage;

               (ii) renal disease that requires dialysis treatment;

               (iii) severe pre-eclampsia;

               (iv) eclampsia;

               (v) convulsions;

               (vi) status epilepticus;

               (vii) sickle cell anemia;

               (viii) severe congenital or acquired heart disease, class IV;

               (ix) pulmonary hypertension;

               (x) malignancy if pregnancy would prevent or limit treatment;

               (xi) kidney infection;

               (xii) congestive heart failure;

               (xiii) epilepsy;

               (xiv) seizures;

               (xv) coma;

               (xvi) severe infection exacerbated by pregnancy;

               (xvii) rupture of amniotic membranes;

               (xviii) advanced cervical dilation of more than six centimeters at less than 22 weeks gestation;

               (xix) cervical or cesarean section scar ectopic implantation;

               (xx) any pregnancy not implanted in the uterine cavity;

               (xxi) amniotic fluid embolus; or

               (xxii) another physical disorder, physical injury, or physical illness, including a life-endangering physical condition caused by or arising from the pregnancy that places the woman in danger of death or major bodily impairment if an abortion is not performed.




Sec. 47.07.070. Payment rates for health facilities.
 (a) The department shall, by regulation, set rates of payment for health facilities under this chapter and AS 47.25.120 — 47.25.300 in accordance with 42 U.S.C. 1396 (Title XIX, Social Security Act, Medical Assistance) and this section. A rate established under this section takes effect under AS 44.62 (Administrative Procedure Act) but not until approved in writing by the commissioner. The commissioner may delegate the performance of these functions.

 (b) In determining the rates of payment for health facilities for a fiscal year, the department shall, within the limit of appropriations made by the legislature for the department’s programs under this chapter and under AS 47.25.120 — 47.25.300 for that fiscal year, including anticipated available federal revenue for that fiscal year, set rates for facilities that are based on
     (1) reasonable costs related to patient care; and

     (2) audit and inspection results and reports, when the audit or inspection is conducted under AS 47.07.074.

 (c) This section does not apply to the minimum daily reimbursement rate specified by law under AS 47.24.017 or AS 47.25.195(e) for assisted living homes.




Sec. 47.07.071. Reports by health facilities.
After the end of each fiscal year of a health facility, the facility shall submit to the department a report on the facility’s financial performance during the fiscal year. The commissioner shall, by regulation, establish the date by which this financial report is due.


Sec. 47.07.072. Report by the department. [Repealed, § 35 ch 126 SLA 1994.]
Sec. 47.07.073. Uniform accounting, budgeting, and reporting.
 (a) The department by regulation shall require a uniform system of accounting, budgeting, and reporting for health facilities receiving payments under this chapter. The regulations must provide for reporting revenues, expenses, assets, liabilities, units of service, and other items considered necessary by the department to implement this chapter.

 (b) [Repealed, § 6 ch 28 SLA 2003.]
 (c) The department may waive or modify a requirement for accounting, budgeting, or reporting for a health facility if waiver or modification is consistent with the policies of this chapter.

 (d) Notwithstanding other provisions of this section, the department may, by regulation, modify the system of accounting, budgeting, and reporting required under this section for a health facility having fewer than 25 acute care beds in order to reduce the operating costs of that facility.




Sec. 47.07.074. Audits and inspections.
 (a) As a condition of obtaining payment under AS 47.07.070, a health facility shall allow
     (1) the department reasonable access to the records of medical assistance recipients and providers; and

     (2) audit and inspection of the records by state and federal agencies.

 (b) The department may establish the scope and timing of audits under this chapter. The department may provide that audits will be conducted less frequently than annually.




Sec. 47.07.075. Administrative procedure.
 (a) Actions of the department regarding health facility payment rates under this chapter and AS 47.25.120 — 47.25.300 are subject to provisions of AS 44.62 (Administrative Procedure Act) except as provided in (b) of this section, and the hearing for an appeal must be conducted by the office of administrative hearings (AS 44.64.010).

 (b) The commissioner shall, by regulation, establish time limits applicable to the various phases of an administrative appeal process involving an appeal of the amount of a payment rate set by the department for a facility. The time limits set under the regulations supersede conflicting time limits in AS 44.62.330 — 44.62.630. The regulations must provide that
     (1) a hearing for an appeal described in this subsection must be scheduled under AS 44.62.410 to occur no more than 120 days after written notice of rate appeal has been received by the department from a facility unless the facility requests a delay or good cause for the delay is demonstrated to the satisfaction of the hearing officer;

     (2) the commissioner must, within 30 days after receiving the recommendation of the hearing officer, either render a decision in the case or refer the case back to a hearing officer for additional findings;

     (3) if either time limit set under (1) or (2) of this subsection is not met, the department shall report the noncompliance to the legislature and the governor by the following January 20 with an explanation of the length of delay, reasons for the delay, and proposed corrective action by the department to ameliorate the causes of delay.




Sec. 47.07.076. Reports to legislature.
 (a) The department and the attorney general shall annually prepare a report relating to the medical assistance program under this chapter. The report must include the following information:
     (1) the amount and source of funds used to prevent or prosecute fraud, abuse, payment errors, and errors in eligibility determinations for the previous fiscal year;

     (2) actions taken to address fraud, abuse, payment errors, and errors in eligibility determinations during the previous fiscal year;

     (3) specific examples of fraud or abuse that were prevented or prosecuted;

     (4) identification of vulnerabilities in the medical assistance program, including any vulnerabilities identified by independent auditors with whom the department contracts under AS 47.05.200;

     (5) initiatives the department has taken to prevent fraud or abuse;

     (6) recommendations to increase effectiveness in preventing and prosecuting fraud and abuse;

     (7) the return to the state for every dollar expended by the department and the attorney general to prevent and prosecute fraud and abuse;

     (8) the most recent payment error rate measurement report for the medical assistance program, including fee for service programs and pilot or demonstration projects; the report must also explain the reasons for the payment errors and the total amount of state and federal funds paid in error during the reporting period and not recovered by the department at the time of the report;

     (9) results from the Medicaid Eligibility Quality Control program.

 (b) On or before November 15 of each year, the department shall submit the report required under (a) of this section to the senate secretary and the chief clerk of the house of representatives and notify the legislature that the report is available.

 (c) On or before December 15 and June 15 of each year, the department shall prepare a semi-annual report and submit the report to the senate secretary and the chief clerk of the house of representatives and notify the legislature that the report is available. The report must include
     (1) updates and status reports on the Medicaid Management Information System, including progress toward federal certification of the system, current measurements of the accuracy of the system, timeliness of payment of claims, and any backlog of claims; and

     (2) information on the status of an administrative or legal proceeding relating to resolution of claims against the system contractor and related financial effects on the state.




Sec. 47.07.080. [Renumbered as AS 47.07.900.]
Secs. 47.07.110 — 47.07.190. Medicaid Rate Advisory Commission. [Repealed, § 6 ch 28 SLA 2003.]
Sec. 47.07.900. Definitions.
In this chapter,
     (1) [Repealed, § 4 ch 52 SLA 2006.]
     (2) “advanced practice registered nurse services” means services furnished by a person who is licensed as an advanced practice registered nurse under AS 08.68.850 that are within the scope of regulations adopted under AS 08.68.100(a), whether or not the person is under the supervision of, or associated with, a physician or other health care provider;

     (3) “chiropractic services” includes only services that are provided by a chiropractor licensed under AS 08.20 that consist of treatment by means of manual manipulation of the spine and x-rays necessary for treatment;

     (4) “clinic services” means services provided by state-approved outpatient community mental health clinics, state-operated community mental health clinics, outpatient surgical care centers, and physician clinics;

     (5) “clinical social workers’ services” means clinical social work services provided by a person licensed as a clinical social worker under AS 08.95;

     (6) [Repealed, § 6 ch 28 SLA 2003.]
     (7) “department” means the Department of Health and Social Services;

     (8) “emergency hospital services” means services that
          (A) are necessary to prevent the death or serious impairment of the health of the individual; and

          (B) because of the threat to the life or health of the individual, necessitate the use of the most accessible hospital available that is equipped to furnish the services, even if the hospital does not currently meet
               (i) the conditions for participation under Medicare; or

               (ii) the definitions of inpatient or outpatient hospital services under 42 C.F.R. 440.10 and 440.20;

     (9) “emotionally disturbed or chronically mentally ill adults” includes only persons who receive mental health services from an entity that has a contract to provide community mental health services under AS 47.30.520 — 47.30.620;

     (10) “eyeglasses” are lenses, including frames when necessary, and other aids to vision prescribed by a physician skilled in diseases of the eye, or by an optometrist, whichever the patient may select, to aid or improve vision;

     (11) “health facility” includes a
          (A) hospital, skilled nursing facility, intermediate care facility, intermediate care facility for persons with intellectual and developmental disabilities, rehabilitation facility, inpatient psychiatric facility, home health agency, rural health clinic, and outpatient surgical clinic; and

          (B) birthing center if birthing centers are authorized for coverage under the state plan approved under AS 47.07.040 by the United States Department of Health and Human Services;

     (12) “hospice care” means services to a terminally ill individual of the type and under the circumstances described in 42 U.S.C. 1396d(o), as amended, and applicable federal regulations;

     (13) “midwife services” means services within the practice of midwifery, as defined in AS 08.65.190, that are performed by a certified direct-entry midwife, and miscellaneous fees, other than facility fees, for birth kits, oxygen, and other ancillary expenses necessary for a birth attended by a certified direct-entry midwife;

     (14) [Repealed, § 60 ch 33 SLA 2016.]
     (15) “personal care services in a recipient’s home” means services authorized under a service plan in accordance with applicable federal and state law;

     (16) “psychologists’ services” means services within the practice of psychology provided by a person licensed as a psychologist or psychological associate under AS 08.86;

     (17) “rehabilitative services” means services for substance abusers and emotionally disturbed or chronically mentally ill adults provided by
          (A) a drug or alcohol treatment center; or

          (B) an outpatient community mental health clinic;

     (18) “substance abuser” means a person who
          (A) is an alcoholic, as defined in AS 47.37.270;

          (B) participates in inhalant abuse, as defined in AS 47.37.270; or

          (C) misuses illegal or prescription drugs;

     (19) “targeted case management services” means services for populations designated by the department in regulation that will assist individuals eligible for medical assistance under this chapter in gaining access to needed medical, social, educational, or other services provided to persons through the department.




Article 1. Catastrophic Illness Assistance.


Chapter 08. Assistance for Catastrophic Illness and Chronic or Acute Medical Conditions.

Sec. 47.08.010. Reimbursement of providers.
 (a) Subject to (b) of this section, under AS 47.08.010 — 47.08.140, the Department of Health and Social Services may reimburse providers of medical care for unpaid costs incurred in the treatment of a person suffering an illness or accident that results in financial catastrophe to the person or the person’s family.

 (b) At the beginning of each fiscal year, the commissioner of health and social services shall determine whether sufficient appropriations have been made for the anticipated costs of services to needy persons under AS 47.08.150 and the anticipated costs of reimbursements under (a) of this section. The Department of Health and Social Services may not accept applications for reimbursement under (a) of this section for a fiscal year if, at the beginning of the fiscal year the department determines that
     (1) there are insufficient funds appropriated for the anticipated costs of services for needy persons under AS 47.08.150; or

     (2) after subtracting anticipated costs under AS 47.08.150, there are insufficient funds appropriated for anticipated reimbursements under (a) of this section.




Sec. 47.08.020. Catastrophic Illness Committee.
There is created the Catastrophic Illness Committee, consisting of a medical review officer from the Department of Health and Social Services, a member appointed by the governor who has suffered a catastrophic illness, and a representative of the Department of Commerce, Community, and Economic Development appointed by the governor.


Sec. 47.08.030. Notice.
The committee shall enlist the assistance of medical providers in making the public aware of the catastrophic illness assistance program.


Sec. 47.08.040. Applications for assistance.
An application for financial assistance under AS 47.08.010 — 47.08.140 may be filed by a person who has suffered catastrophic illness or by a parent, spouse, or legal guardian of that person, or by any other interested party with the written consent of the person who has suffered the catastrophic illness.


Sec. 47.08.050. Services excluded from coverage.
Annually, the committee shall determine in light of appropriated funds and expected need the medical expenses reimbursable under AS 47.08.010 — 47.08.140, except that the following are not reimbursable:
     (1) dentistry and optometry unless prescribed by a licensed dentist or physician as medically necessary as the result of the injury or illness;

     (2) elective medical or surgical procedures;

     (3) drugs and medications not prescribed by a licensed physician;

     (4) services received as a result of a pregnancy or birth without unusual complications;

     (5) private psychological or psychiatric treatment or private alcoholism treatment, unless not available from public agencies or programs;

     (6) chiropractic services and services provided by a person who practices naturopathy;

     (7) services not of a medical nature;

     (8) medical services currently provided to persons in the custody of the Department of Corrections;

     (9) costs incurred before July 1976.




Sec. 47.08.060. Calculation of applicant’s share.
 (a) As frequently as necessary the committee shall adopt, in light of appropriated funds and expected need, a formula to be used in determining the applicant’s share of total medical expenses incurred as a result of a catastrophic illness, based on the applicant’s annual gross income, number of dependents, amount of assets, and forthcoming third-party payments, all considered in light of the requirement that the applicant’s share will be paid to the provider on a payment schedule covering a period of at least three years.

 (b) For the purposes of applying the formula to determine the applicant’s share, multiple catastrophic illness occurring within a 12-month period to the applicant or other members of the applicant’s family shall be treated as one catastrophic illness.

 (c) In applying the formula to determine the applicant’s share, the total gross income and the total assets of the family of the applicant may be taken into account, with the following exceptions:
     (1) the applicant’s permanent place of abode;

     (2) one noncommercial vehicle;

     (3) tools, equipment, vehicles and other assets required in a trade or business;

     (4) ordinary household and personal effects;

     (5) $1,000 of liquid assets;

     (6) all nonliquid assets unless this exclusion would bring about an inequitable result; however, all income derived from this property shall be taken into consideration in determining the recipient’s gross income;

     (7) inalienable shares in a Native corporation created under 43 U.S.C. 1601 et seq. (Alaska Native Claims Settlement Act), for the period of their inalienability as specified in the Act;

     (8) Alaska longevity bonus payments;

     (9) any other assets specifically restricted for the use of the recipient by state or federal law.

 (d) Assets received by the applicant as a custodian, guardian, conservator, or trustee for another are not considered assets of the custodian, guardian, conservator, or trustee.

 (e) The applicant’s share shall be reduced in the amount of any premiums paid for health insurance or a prepaid medical plan up to $500 if incurred in the 12-month period beginning with the occurrence of the injury or the onset of the illness.

 (f) Notwithstanding the provisions of this section, the committee may waive payment of an applicant’s share when the catastrophic illness is the proximate result of an immunization required by law.




Sec. 47.08.070. Standards for reimbursement to providers.
The amount that the committee reimburses providers for medical services rendered to a person who has suffered catastrophic illness may not be greater than 100 percent of the total unpaid bills related to the catastrophic illness and shall be determined by the following standards:
     (1) only unpaid medical expenses for periods not to exceed 12 months, and related to catastrophic illness, may be considered; the initial 12-month period begins with the date of the first charges incurred because of the illness;

     (2) the committee may not reimburse a provider if the applicant’s total medical expenses related to the catastrophic illness are less than $1,000 in any period not exceeding 12 months described in (1) of this section after all sources of third-party payment have been exhausted by the applicant or by someone acting on behalf of the applicant;

     (3) the committee may not reimburse a provider for the applicant’s share of the total medical expenses; moreover, a reimbursement to the provider shall be conditioned on the provider’s agreement that the provider enter into a payment schedule with the applicant which will result in full liquidation of the applicant’s share; payment schedules may not be for a term of less than three years.




Sec. 47.08.080. Reconsideration of decision by committee.
The committee shall promptly notify an applicant of its decision with written reasons for the amount of the award or denial. An applicant who is dissatisfied with a decision of the committee may apply to the committee for reconsideration within 30 days of receipt of the decision. The request for reconsideration must include a written statement of grounds for reconsideration and any supporting documentation which was not available to the committee for its original decision. Within 30 days after receipt of a request for reconsideration, the committee shall affirm, amend, or reverse its original decision. The committee shall promptly notify the applicant of its decision upon reconsideration with written reasons for its action. Information describing hearing rights and procedures must be furnished with the written notification of denial.


Sec. 47.08.090. Hearing.
An applicant who is dissatisfied with the committee’s decision upon reconsideration may request a hearing in accordance with procedures established under AS 47.25.180.


Sec. 47.08.100. Finality of decisions.
Decisions as to catastrophic illness awards are final
     (1) 30 days after the applicant receives the committee’s decision unless a reconsideration is requested during that time;

     (2) 30 days after the applicant receives the committee’s decision upon reconsideration unless a hearing is requested during that time;

     (3) 15 days after the applicant receives the hearing authority’s decision if that decision is not appealed to the director during that time;

     (4) upon being notified of the decision of the director if an appeal is taken to the director under AS 47.25.180.




Sec. 47.08.110. Extension of time limits.
Time limits for reconsideration or for requesting an appeal may be extended, at the discretion of the committee, upon application or upon the committee’s own motion. A request for reconsideration or for a hearing shall be considered made on the date when the request is dispatched rather than the date when it is received by the committee.


Sec. 47.08.120. Recovery from a collateral source.
If the applicant or a provider receives payment from any other source for medical expenses that have been paid by the committee, the applicant or provider is liable to the committee in the amount of that payment. An application may not be considered by the committee unless the applicant agrees to this provision. A provider may not be paid by the committee under AS 47.08.010 — 47.08.140 unless the provider agrees to this provision.


Sec. 47.08.130. Regulations.
The department may adopt regulations, under AS 44.62 (Administrative Procedure Act) that establish rates of reimbursement to providers for medical expenses incurred, as well as other regulations necessary to carry out the purposes of AS 47.08.010 — 47.08.140.


Sec. 47.08.140. Definitions.
In AS 47.08.010 — 47.08.140,
     (1) “applicant” means a person who has suffered a catastrophic illness and is applying for assistance under AS 47.08.010 — 47.08.140 or is the subject of an application for assistance under AS 47.08.010 — 47.08.140;

     (2) “applicant’s share” means the amount of the total medical expense related to the catastrophic illness that the committee determines the applicant can reasonably be expected to pay based on income, assets, and number of dependents under AS 47.08.060;

     (3) “catastrophic illness” means illness or injury that results in medical expenses of over $1,000 during a period not to exceed 12 months, after all other sources of third-party payment have been exhausted;

     (4) “committee” means the Catastrophic Illness Committee, created under AS 47.08.020;

     (5) “elective medical or surgical procedures” means treatment that is not essential to the life or health of a person;

     (6) “family” means two or more persons related by blood or marriage or adoption living as one economic unit;

     (7) “liquid assets” means assets that can be readily converted to cash;

     (8) “medical expense” means any financial obligation incurred in the course of treatment of illness as prescribed by a physician, including bills for ancillary services, patient transportation, transportation of a medical or family escort when reasonably necessary, or living expenses while receiving outpatient treatment in a community to which the applicant is not reasonably able to commute from the applicant’s permanent place of abode;

     (9) “nonliquid assets” means all assets that are not liquid assets;

     (10) “permanent place of abode” means a dwelling, or a dwelling unit in a multiple dwelling, including lots and outbuildings or an appropriate portion of these, that are necessary to convenient use of the dwelling unit;

     (11) “provider” means a licensed physician, pharmacist, dentist, or other health service worker or a licensed hospital, clinic, skilled nursing home, intermediate care facility or health maintenance organization that has provided services not excluded by AS 47.08.050 to an applicant as a result of a catastrophic illness;

     (12) “third-party payments” means payments of medical expenses related to a catastrophic illness by sources other than the applicant or the committee, including but not limited to state and federal medical assistance programs, private health insurance, employment-related health insurance, military health insurance, workers’ compensation, violent crimes compensation, Indian Health Service of the United States Department of Health and Human Services, and awards in legal actions.




Article 2. Medical Assistance for Chronic or Acute Medical Conditions.


Sec. 47.08.150. Assistance for chronic or acute medical conditions.
 (a) Under the provisions of this section, the Department of Health and Social Services may pay providers of medical care for services described in (c) of this section that are provided to needy persons suffering from a chronic or acute medical condition who may apply for assistance under (b) of this section.

 (b) A needy person suffering from a chronic or an acute medical condition who is eligible for general relief assistance under AS 47.25.120 and is not eligible for the medical assistance program under AS 47.07 may apply for assistance under this section. The department shall make a determination of eligibility based on a general relief assistance application. The requirements of AS 47.08.020 — 47.08.140 do not apply to assistance sought under this section, except that, notwithstanding (c) of this section, neither reimbursement nor assistance may be paid by the department for services that are listed in AS 47.08.050 as those services are defined in AS 47.08.140.

 (c) The services eligible for payment under this section for a needy person with a chronic or acute medical condition are the following:
     (1) prescription drugs and medical supplies prescribed to treat a person who has
          (A) a terminal illness;

          (B) cancer and requires chemotherapy; or

          (C) a chronic condition that would normally, in its untreated course, result in the death or disability of the recipient, but that is amenable to outpatient medication; the chronic conditions for which the cost of prescription drugs may be paid include the following diagnoses:
               (i) diabetes and diabetes insipidus;

               (ii) seizure disorders;

               (iii) chronic mental illness;

               (iv) hypertension;

     (2) physician services
          (A) related to care under (3) of this subsection;

          (B) provided in a hospital emergency room the same day on which the recipient is admitted for care under (3) of this subsection;

          (C) provided to a recipient residing in a nursing home; or

          (D) provided in either an outpatient or an inpatient setting to a recipient with a diagnosis described in (1) of this subsection;

     (3) inpatient hospital services that cannot be performed on an outpatient basis and that are certified as necessary by a professional review organization consulted by the Department of Health and Social Services but not including inpatient psychiatric hospital services;

     (4) outpatient laboratory and x-ray services;

     (5) medical transportation related to care under (3) of this subsection or nursing facility care;

     (6) outpatient surgical services;

     (7) nursing facility care.

 (d) The payment rate for facilities under this section shall be the same as that established by regulation for medical services under AS 47.25.195, and payment rates under this section for other providers may not exceed those established under AS 47.07.

 (e) The Department of Health and Social Services may limit the amount, duration, and scope of services covered under this section by regulation. If the Department of Health and Social Services finds that the cost of assistance for all persons eligible under this section will exceed the amount allocated for that assistance during the fiscal year, the Department of Health and Social Services may limit coverage for certain medical services by regulation in order to provide the most critical care within the available appropriations.

 (f) The Department of Health and Social Services may adopt regulations to implement this section.




Article 1. Children’s Proceedings.


Chapter 10. Children in Need of Aid.

Sec. 47.10.005. Construction.
The provisions of this chapter shall be liberally construed to
     (1) achieve the end that a child coming within the jurisdiction of the court under this chapter may receive the care, guidance, treatment, and control that will promote the child’s welfare and the parents’ participation in the upbringing of the child to the fullest extent consistent with the child’s best interests; and

     (2) follow the findings set out in AS 47.05.065.




Sec. 47.10.010. Jurisdiction; guardians and attorneys; support.
 (a) Proceedings relating to a child under 18 years of age residing or found in the state are governed by this chapter when the child is alleged to be or may be determined by the court to be a child in need of aid under AS 47.10.011.

 (b) In a controversy concerning custody of a child under this chapter, the court may appoint a guardian of the person and property of a child, may appoint an attorney to represent the legal interests of the child, and may order support from either or both parents. Custody of a child may be given to the department and payment of support money to the department may be ordered by a court.




Sec. 47.10.011. Children in need of aid.
Subject to AS 47.10.019, the court may find a child to be a child in need of aid if it finds by a preponderance of the evidence that the child has been subjected to any of the following:
     (1) a parent or guardian has abandoned the child as described in AS 47.10.013, and the other parent is absent or has committed conduct or created conditions that cause the child to be a child in need of aid under this chapter;

     (2) a parent, guardian, or custodian is incarcerated, the other parent is absent or has committed conduct or created conditions that cause the child to be a child in need of aid under this chapter, and the incarcerated parent has not made adequate arrangements for the child;

     (3) a custodian with whom the child has been left is unwilling or unable to provide care, supervision, or support for the child, and the whereabouts of the parent or guardian is unknown;

     (4) the child is in need of medical treatment to cure, alleviate, or prevent substantial physical harm or is in need of treatment for mental injury and the child’s parent, guardian, or custodian has knowingly failed to provide the treatment;

     (5) the child is habitually absent from home or refuses to accept available care and the child’s conduct places the child at substantial risk of physical or mental injury;

     (6) the child has suffered substantial physical harm, or there is a substantial risk that the child will suffer substantial physical harm, as a result of conduct by or conditions created by the child’s parent, guardian, or custodian or by the failure of the parent, guardian, or custodian to supervise the child adequately;

     (7) the child has suffered sexual abuse, or there is a substantial risk that the child will suffer sexual abuse, as a result of conduct by or conditions created by the child’s parent, guardian, or custodian or by the failure of the parent, guardian, or custodian to adequately supervise the child; if a parent, guardian, or custodian has actual notice that a person has been convicted of a sex offense against a minor within the past 15 years, is registered or required to register as a sex offender under AS 12.63, or is under investigation for a sex offense against a minor, and the parent, guardian, or custodian subsequently allows a child to be left with that person, this conduct constitutes prima facie evidence that the child is at substantial risk of being sexually abused;

     (8) conduct by or conditions created by the parent, guardian, or custodian have
          (A) resulted in mental injury to the child; or

          (B) placed the child at substantial risk of mental injury as a result of
               (i) a pattern of rejecting, terrorizing, ignoring, isolating, or corrupting behavior that would, if continued, result in mental injury; or

               (ii) exposure to conduct by a household member, as defined in AS 18.66.990, against another household member that is a crime under AS 11.41.100 — 11.41.220, 11.41.230(a)(1) or (2), or 11.41.410 — 11.41.432, an offense under a law or ordinance of another jurisdiction having elements similar to a crime under AS 11.41.100 — 11.41.220, 11.41.230(a)(1) or (2), or 11.41.410 — 11.41.432, an attempt to commit an offense that is a crime under AS 11.41.100 — 11.41.220 or 11.41.410 — 11.41.432, or an attempt to commit an offense under a law or ordinance of another jurisdiction having elements similar to a crime under AS 11.41.100 — 11.41.220 or 11.41.410 — 11.41.432; or

               (iii) repeated exposure to conduct by a household member, as defined in AS 18.66.990, against another household member that is a crime under AS 11.41.230(a)(3) or 11.41.250 — 11.41.270 or an offense under a law or ordinance of another jurisdiction having elements similar to a crime under AS 11.41.230(a)(3) or 11.41.250 — 11.41.270;

     (9) conduct by or conditions created by the parent, guardian, or custodian have subjected the child or another child in the same household to neglect;

     (10) the parent, guardian, or custodian’s ability to parent has been substantially impaired by the addictive or habitual use of an intoxicant, and the addictive or habitual use of the intoxicant has resulted in a substantial risk of harm to the child; if a court has previously found that a child is a child in need of aid under this paragraph, the resumption of use of an intoxicant by a parent, guardian, or custodian within one year after rehabilitation is prima facie evidence that the ability to parent is substantially impaired and the addictive or habitual use of the intoxicant has resulted in a substantial risk of harm to the child as described in this paragraph;

     (11) the parent, guardian, or custodian has a mental illness, serious emotional disturbance, or mental deficiency of a nature and duration that places the child at substantial risk of physical harm or mental injury;

     (12) the child has committed an illegal act as a result of pressure, guidance, or approval from the child’s parent, guardian, or custodian.




Sec. 47.10.013. Abandonment.
 (a) For purposes of this chapter, the court may find abandonment of a child if a parent or guardian has shown a conscious disregard of parental responsibilities toward the child by failing to provide reasonable support, maintain regular contact, or provide normal supervision, considering the child’s age and need for care by an adult. Abandonment of a child also includes instances when the parent or guardian, without justifiable cause,
     (1) left the child with another person without provision for the child’s support and without meaningful communication with the child for a period of three months;

     (2) has made only minimal efforts to support and communicate with the child;

     (3) failed for a period of at least six months to maintain regular visitation with the child;

     (4) failed to participate in a suitable plan or program designed to reunite the parent or guardian with the child;

     (5) left the child without affording means of identifying the child and the child’s parent or guardian;

     (6) was absent from the home for a period of time that created a substantial risk of serious harm to a child left in the home;

     (7) failed to respond to notice of child protective proceedings; or

     (8) was unwilling to provide care, support, or supervision for the child.

 (b) For purposes of (a) of this section, a parent or guardian who is a victim of domestic violence, or who has a child in the parent’s or guardian’s care who is the victim of domestic violence, is considered to have justifiable cause to take an action or to fail to take an action that would otherwise be considered to be abandonment of a child under (a) of this section if the action or failure to act is necessary to protect the parent or guardian, or a child in the care of the parent or guardian, from further acts of domestic violence. However, a parent or guardian who initially had justifiable cause to act or fail to act as described in this subsection may be considered to have abandoned the child without justifiable cause for purposes of (a) of this section if the parent or guardian does not take reasonable steps to reunify with or provide care for the abandoned child after becoming secure from further acts of domestic violence or after providing that another child in the care of the parent or guardian is secure from further acts of domestic violence.

 (c) A parent who is immune from prosecution under AS 11.81.500 and chooses to surrender an infant shall surrender the infant in the manner described in this subsection. Surrendering the infant in the manner described in this subsection constitutes abandonment for purposes of this chapter. An infant’s parent is considered to have abandoned the infant safely, and, notwithstanding AS 25.20.030 and AS 47.10.120, the parent’s legal duty to support the infant is extinguished if
     (1) the parent, without expressing an intent to return for the infant, leaves the infant in the physical custody of a person who is a
          (A) person the parent reasonably believes would provide for the health and safety of the infant and who would act appropriately to care for the infant;

          (B) peace officer, community health aide, physician, or hospital employee; or

          (C) person who is employed by or is a volunteer for a fire department or emergency medical service, if the person is acting within the scope of the person’s fire department or emergency medical service duties; and

     (2) there is no evidence the infant has been physically injured before abandonment.

 (d) A person to whom an infant is surrendered in the manner described in (c)(1)(B) or (C) of this section shall
     (1) act appropriately to care for the infant;

     (2) inform the parent that the parent may, but is not required to, answer any questions regarding the name, identity, and medical history of the infant and parents of the infant unless the parent chooses to contact the department under (3) of this subsection;

     (3) ask the parent if the parent wishes to relinquish the parent’s parental rights and release the infant for adoption; if the answer is affirmative, the person shall contact the department so that the parent can discuss that option with the department;

     (4) immediately notify the nearest office of the department that the infant has been surrendered in the manner described in (c) of this section.

 (e) An individual, agency, facility, or entity that receives an infant abandoned safely under (c) of this section is not liable for civil damages for failure to discharge the duties listed in (d) of this section.

 (f) A record regarding the surrender of an infant under (c) of this section is confidential and not subject to public inspection or copying under AS 40.25.100 — 40.25.220.




Sec. 47.10.014. Neglect.
For purposes of this chapter, the court may find neglect of a child if the parent, guardian, or custodian fails to provide the child with adequate food, clothing, shelter, education, medical attention, or other care and control necessary for the child’s physical and mental health and development, though financially able to do so or offered financial or other reasonable means to do so.


Sec. 47.10.015. Physical harm.
For the purposes of this chapter, the court may find physical harm to a child or substantial risk of physical harm to a child if
     (1) the child was the victim of an act described in AS 11.41.100 — 11.41.250, 11.41.300, 11.41.410 — 11.41.455, or AS 11.51.100 and the physical harm occurred as a result of conduct by or conditions created by a parent, guardian, or custodian; or

     (2) a negligent act or omission by a parent, guardian, or custodian creates a substantial risk of injury to the child.




Sec. 47.10.019. Limitations on determinations.
Notwithstanding other provisions of this chapter, the court may not find a minor to be a child in need of aid under this chapter solely on the basis that the child’s family is poor, lacks adequate housing, or exhibits a lifestyle that is different from the generally accepted lifestyle standard of the community where the family lives. However, this section may not be construed to prevent a court from finding that a child is in need of aid if the child has been subjected to conduct or conditions described in AS 47.10.011 — 47.10.015.


Sec. 47.10.020. Investigation and petition.
 (a) Whenever circumstances subject a child to the jurisdiction of the court under AS 47.10.005 — 47.10.142, the court shall appoint a competent person or agency to make a preliminary inquiry and report for the information of the court to determine whether the best interests of the child require that further action be taken. The court shall make the appointment on its own motion or at the request of a person or agency having knowledge of the child’s circumstances. If, under this subsection, the court appoints a person or agency to make a preliminary inquiry and to report to it, or if the department is conducting an investigation of a report of child abuse or neglect, the court may issue any orders necessary to aid the person, the agency, or the department in its investigation or in making the preliminary inquiry and report. Upon receipt of the report under this subsection, the court may
     (1) close the matter without a court hearing;

     (2) determine whether the best interests of the child require that further action be taken; or

     (3) authorize the person or agency having knowledge of the facts of the case to file with the court a petition setting out the facts.

 (b) The petition and all subsequent pleadings shall be styled as follows: “In the matter of ........................, a child under 18 years of age.” The petition may be executed upon the petitioner’s information and belief and must be verified. It must include the following information:
     (1) the name, address, and occupation of the petitioner, together with the petitioner’s relationship to the child, and the petitioner’s interest in the matter;

     (2) the name, age, and address of the child;

     (3) a brief statement of the facts that bring the child within this chapter;

     (4) the names and addresses of the child’s parents;

     (5) the tribal affiliation, if known, of the child;

     (6) the name and address of the child’s guardian or of the person having control or custody of the child.

 (c) If the petitioner does not know a fact required in this section, the petitioner shall so state in the petition.

 (d) [Repealed, § 55 ch 59 SLA 1996.]
 (e) Nothing in this section requires the department to obtain authorization from the court before
     (1) conducting an investigation of a report of child abuse or neglect; or

     (2) filing a petition.




Sec. 47.10.030. Summons and custody of minor.
 (a) After a petition is filed and after further investigation that the court directs, if the person having custody or control of the minor has not appeared voluntarily, the court shall issue a summons that
     (1) recites briefly the substance of the petition;

     (2) clearly states that at the hearing it is possible that parental rights and responsibilities may be terminated forever and that the minor may at the hearing be committed to the department for possible adoption; and

     (3) directs the person having custody or control of the minor to appear personally in court with the minor at the place and at the time set forth in the summons.

 (b) In all cases under this chapter, the child, each parent, the tribe, foster parent or other out-of-home care provider, guardian, and guardian ad litem of the child and, subject to (d) and (e) of this section, each grandparent of the child shall be given notice adequate to give actual notice of the proceedings and the possibility of termination of parental rights and responsibilities, taking into account education and language differences that are known or reasonably ascertainable by the petitioner or the department. The notice of the hearing must contain all names by which the child has been identified. Notice shall be given in the manner appropriate under rules of civil procedure for the service of process in a civil action under Alaska law or in any manner the court by order directs. Proof of the giving of the notice shall be filed with the court before the petition is heard. The court may also subpoena the parent of the child, or any other person whose testimony may be necessary at the hearing. A subpoena or other process may be served by a person authorized by law to make the service, and, where personal service cannot be made, the court may direct that service of process be in a manner appropriate under rules of civil procedure for the service of process in a civil action under Alaska law or in any manner the court directs.

 (c) If the minor is in such condition or surroundings that the minor’s welfare requires the immediate assumption of custody by the court, the court may order, by endorsement upon the summons, that the officer serving the summons shall at once take the minor into custody and make the temporary placement of the minor that the court directs.

 (d) Except as provided in (e) of this section, the department shall give advance written notice of all court hearings in a child’s case to a grandparent of the child if
     (1) the grandparent has contacted the department, provided evidence acceptable to the department of being the child’s grandparent, requested notice about the hearings in the child’s case, and provided the department with a current mailing address; or

     (2) the department is aware that the child has a grandparent and the grandparent’s mailing address is on file with the department.

 (e) Notwithstanding (d) of this section, the department is not required to give advance notice to a grandparent about hearings in a child’s case if the grandparent
     (1) has been convicted of a crime in which the child was the victim; or

     (2) is prohibited by a court order from having contact with the child.




Sec. 47.10.040. Release of minor. [Repealed, § 55 ch 59 SLA 1996. For current law as to a child in need of aid, see AS 47.10.080(c)(2); as to an alleged delinquent minor, see AS 47.12.080.]
Sec. 47.10.050. Appointment of guardian ad litem or attorney.
 (a) Whenever in the course of proceedings instituted under this chapter it appears to the court that the welfare of a child will be promoted by the appointment of an attorney to represent the child, the court may make the appointment. If it appears to the court that the welfare of a child in the proceeding will be promoted by the appointment of a guardian ad litem, the court shall make the appointment. Appointment of a guardian ad litem or attorney shall be made under the terms of AS 25.24.310.

 (b) [Repealed, § 55 ch 59 SLA 1996.]




Sec. 47.10.060. Waiver of jurisdiction. [Repealed, § 55 ch 59 SLA 1996. For current law as to an alleged delinquent minor, see AS 47.12.100.]
Sec. 47.10.070. Hearings.
 (a) The court may conduct the hearing on the petition in an informal manner. The court shall give notice of the hearing to the department, and it may send a representative to the hearing. The court shall also transmit a copy of the petition to the department. The department shall send notice of the hearing to the persons for whom notice is required under AS 47.10.030(b) and to each grandparent of the child entitled to notice under AS 47.10.030(d). The department and the persons to whom the department must send notice of the hearing are entitled to be heard at the hearing. Except as provided in (c) of this section, and unless prohibited by federal or state law, court order, or court rule, a hearing is open to the public.

 (b) [Repealed, § 55 ch 59 SLA 1996.]
 (c) Except as provided in (e) of this section, the following hearings in child-in-need-of-aid cases are closed to the public:
     (1) the initial court hearing after the filing of a petition to commence the child-in-need-of-aid case;

     (2) a hearing following the initial hearing in which a parent, child, or other party to the case is present but has not had an opportunity to obtain legal representation;

     (3) a hearing, or a part of a hearing, for which the court issues a written order finding that allowing the hearing, or part of the hearing, to be open to the public would reasonably be expected to
          (A) stigmatize or be emotionally damaging to a child;

          (B) inhibit a child’s testimony in that hearing;

          (C) disclose matters otherwise required to be kept confidential by state or federal statute or regulation, court order, or court rule; or

          (D) interfere with a criminal investigation or proceeding or a criminal defendant’s right to a fair trial in a criminal proceeding; before ruling on a request under this subparagraph, the court shall give notice and an opportunity to be heard to the state or a municipal agency that is assigned to the criminal investigation or to the prosecuting attorney.

 (d) If a hearing, or part of a hearing, in a child-in-need-of-aid case is not closed under (c) of this section, the court shall hear in camera any information offered regarding the location, or readily leading to the location, of a parent, child, or other party to the case who is a victim of domestic violence or whose safety or welfare may be endangered by public release of the information. Access to testimony heard in camera under this subsection is limited to the court and authorized court personnel.

 (e) The grandparents of the child and an out-of-home care provider may attend hearings that are otherwise closed to the public under (c) of this section. However, the court shall limit the presence of these persons in a hearing closed to the public to the time during which the person’s testimony is being given if the court determines that the limitation is necessary under (c)(3) of this section.

 (f) Notwithstanding any other provision of this chapter, a person attending a hearing open to the public may not disclose a name, picture, or other information that would readily lead to the identification of a child who is the subject of the child-in-need-of-aid case. At the beginning of the hearing, the court shall issue an order specifying the restrictions necessary to comply with this subsection. If a person violates the order, the court may impose any appropriate sanction, including contempt and closure of any further hearings to the person.




Sec. 47.10.072. Access to hearing by victim. [Repealed, § 23 ch 57 SLA 1991.]
Sec. 47.10.075. Young adult advisory panels. [Repealed, § 55 ch 59 SLA 1996.]
Sec. 47.10.080. Judgments and orders.
 (a) An adjudication hearing shall be completed within 120 days after a finding of probable cause is entered unless the court finds good cause to continue the hearing. When determining whether to grant a continuance for good cause, the court shall take into consideration the age of the child and the potential adverse effect that the delay may have on the child. The court, at the conclusion of the hearing, as the circumstances of the case may require, shall find and enter a judgment that the child is or is not a child in need of aid.

 (b) [Repealed, § 55 ch 59 SLA 1996.]
 (c) If the court finds that the child is a child in need of aid, the court shall
     (1) order the child committed to the department for placement in an appropriate setting for a period of time not to exceed two years or in any event not to extend past the date the child becomes 19 years of age, except that the department, the child, or the child’s guardian ad litem may petition for and the court may grant in a hearing
          (A) one-year extensions of commitment that do not extend beyond the child’s 19th birthday if the extension is in the best interests of the child; and

          (B) additional one-year extensions of commitment past 19 years of age that do not extend beyond the person’s 21st birthday if the continued state custody is in the best interests of the person and the person consents to it;

     (2) order the child released to a parent, adult family member, or guardian of the child or to another suitable person, and, in appropriate cases, order the parent, adult family member, guardian, or other person to provide medical or other care and treatment; if the court releases the child, it shall direct the department to supervise the care and treatment given to the child, but the court may dispense with the department’s supervision if the court finds that the adult to whom the child is released will adequately care for the child without supervision; the department’s supervision may not exceed two years or in any event extend past the date the child reaches 19 years of age, except that the department or the child’s guardian ad litem may petition for and the court may grant in a hearing
          (A) one-year extensions of supervision that do not extend beyond the child’s 19th birthday if the extensions are in the best interests of the child; and

          (B) an additional one-year period of supervision past 19 years of age if the continued supervision is in the best interests of the person and the person consents to it; or

     (3) order, under the grounds specified in (o) of this section or AS 47.10.088, the termination of parental rights and responsibilities of one or both parents and commit the child to the custody of the department; the department shall report quarterly to the court and shall demonstrate in its report that the department is making reasonable efforts to find a permanent placement for the child.

 (d) An order issued under (c)(3) of this section authorizes the commissioner of health and social services or a designee or the guardian of the person of the child to consent to the adoption of the child.

 (e) If the court finds that the minor is not a child in need of aid, it shall immediately order the minor released from the department’s custody and returned to the minor’s parents, guardian, or custodian, and dismiss the case.

 (f) A child found to be a child in need of aid is a ward of the state while committed to the department or the department has the power to supervise the child’s actions. For an order made under (c)(1) of this section, the court shall hold a permanency hearing as required by (l) of this section and at least annually thereafter during the continuation of foster care to determine if continued placement, as it is being provided, is in the best interest of the child. The department, the child, and the child’s parents, guardian, and guardian ad litem are entitled, when good cause is shown, to a permanency hearing on application. If the application is granted, the court shall afford these persons and their counsel reasonable advance notice and hold a permanency hearing where these persons and their counsel shall be afforded an opportunity to be heard. The persons entitled to notice under AS 47.10.030(b) and the grandparents entitled to notice under AS 47.10.030(d) are entitled to notice of a permanency hearing under this subsection and are also entitled to be heard at the hearing. The child shall be afforded the opportunity to be present and to be heard at the permanency hearing. After the permanency hearing, the court shall make the written findings that are required under (l) of this section. The court shall review an order made under (c)(2) of this section at least annually to determine if continued supervision, as it is being provided, is in the best interest of the child; this review is not considered to be a permanency hearing and is not governed by the provisions of this subsection that relate to permanency hearings.

 (g) [Repealed, § 55 ch 59 SLA 1996.]
 (h) [Repealed, § 55 ch 59 SLA 1996.]
 (i) A child or the child’s parents, guardian, or guardian ad litem, or attorney, acting on the child’s behalf, or the department may appeal a judgment or order, or the stay, modification, setting aside, revocation, or enlargement of a judgment or order issued by the court under this chapter. Absent extraordinary circumstances, a decision on the appeal shall be issued no later than 90 days after the latest of the following:
     (1) the date oral argument, if any, is heard on the appeal; or

     (2) 45 days after the last date oral argument could have been timely requested if oral argument was not requested.

 (j) [Repealed, § 29 ch 63 SLA 1977.]
 (k) [Repealed, § 69 ch 99 SLA 1998.]
 (l) Within 12 months after the date a child enters foster care as calculated under AS 47.10.088(f), the court shall hold a permanency hearing. The hearing and permanent plan developed in the hearing are governed by the following provisions:
     (1) the persons entitled to be heard under AS 47.10.070 or under (f) of this section are also entitled to be heard at the hearing held under this subsection;

     (2) when establishing the permanent plan for the child, the court shall make appropriate written findings, including findings related to whether
          (A) and when the child should be returned to the parent or guardian;

          (B) the child should be placed for adoption or legal guardianship and whether a petition for termination of parental rights should be filed by the department; and

          (C) there is a compelling reason that the most appropriate placement for the child is in another planned, permanent living arrangement and the department has recommended the arrangement under AS 47.14.100(o); the findings under this paragraph must include the steps that are necessary to achieve the new arrangement;

     (3) if the court is unable to make a finding required under (2) of this subsection, the court shall hold another hearing within a reasonable period of time;

     (4) in addition to the findings required by (2) of this subsection, the court shall also make appropriate written findings related to
          (A) whether the department has made the reasonable efforts required under AS 47.10.086 to offer appropriate family support services to remedy the parent’s or guardian’s conduct or conditions in the home that made the child a child in need of aid under this chapter;

          (B) whether the parent or guardian has made substantial progress to remedy the parent’s or guardian’s conduct or conditions in the home that made the child a child in need of aid under this chapter;

          (C) if the permanent plan is for the child to remain in out-of- home care, whether
               (i) the child’s out-of-home placement continues to be appropriate and in the best interests of the child; and

               (ii) the department is making reasonable efforts to find a permanent placement for the child; and

          (D) whether the department has made reasonable efforts to finalize the permanent plan for the child;

     (5) the court shall hold a hearing to review the permanent plan at least annually until successful implementation of the plan; if the plan approved by the court changes after the hearing, the department shall promptly apply to the court for another permanency hearing, and the court shall conduct the hearing within 30 days after application by the department;

     (6) if the court finds, under (4)(C)(ii) of this subsection, that the department is not making reasonable efforts to find a permanent placement for the child, the court shall order the department to make reasonable efforts to find a permanent placement for the child unless the current placement is in the best interests of the child.

     (7) in a hearing to review the permanent plan under AS 47.10.111(c) or 47.10.112(c), the court shall make written findings related to whether
          (A) the person who filed the petition or proxy is entitled to placement preference under AS 47.14.100(e) or 25 U.S.C. 1915(a), whichever is applicable; and

          (B) if 25 U.S.C. 1915(a) applies, the current placement is in compliance with or whether there is good cause to deviate from the placement preferences.

 (m) [Repealed, § 74 ch 35 SLA 2003.]
 (n) [Repealed, § 74 ch 35 SLA 2003.]
 (o) For purposes of terminating a parent’s parental rights under the standards in (c)(3) of this section, the court may determine that incarceration of the parent is sufficient grounds for determining that a child is a child in need of aid under AS 47.10.011 as a result of parental conduct and that the parental rights of the incarcerated parent should be terminated if the court finds, based on clear and convincing evidence, that
     (1) the period of incarceration that the parent is scheduled to serve during the child’s minority is significant considering the child’s age and the child’s need for an adult’s care and supervision;

     (2) there is not another parent willing and able to care for the child; and

     (3) the incarcerated parent has failed to make adequate provisions for care of the child during the period of incarceration that will be during the child’s minority.

 (p) If a child is removed from the parental home, the department shall provide reasonable visitation between the child and the child’s parents, guardian, and family. When determining what constitutes reasonable visitation with a family member, the department shall consider the nature and quality of the relationship that existed between the child and the family member before the child was committed to the custody of the department. The court may require the department to file a visitation plan with the court. The department may deny visitation to the parents, guardian, or family members if there is clear and convincing evidence that visits are not in the child’s best interests. If the department denies visitation to a parent or family member of a child, the department shall inform the parent or family member of a reason for the denial and of the parent’s or adult family member’s right to request a review hearing as an interested person. A parent, adult family member, or guardian who is denied visitation may request a review hearing. A non-party adult family member requesting a review hearing under this subsection is not eligible for publicly appointed legal counsel.

 (q) If the court orders a child committed to the department under (c) of this section and the department places the child in licensed foster care, the department shall
     (1) provide the foster parent with a copy of
          (A) appropriate information held by the department regarding the child to the extent required by AS 47.12.310(b)(2)(H);

          (B) all initial, updated, and revised case service plans for the child, court orders relating to the child, and the child’s medical, mental, and education reports prepared by or for the department, including reports compiled before the child was placed with the foster parent; and

          (C) supplements to the plans, orders, and reports described in (B) of this paragraph;

     (2) require the foster parent to
          (A) maintain and update records regarding medical, mental, educational, and behavioral services provided to the child;

          (B) provide all records described in (A) of this paragraph to the department when the child leaves the foster home placement; and

          (C) maintain the confidentiality of records regarding a child placed in the foster home except when disclosure of the records is allowed under regulations of the department or when disclosure is reasonably necessary to ensure continuation of care for the child through appropriate medical, mental, educational, and behavioral services.

 (r) If the court orders a child committed to the department under (c) of this section, the court shall order the child’s parent or guardian to provide the department with
     (1) the names, addresses, and telephone numbers of all of the child’s medical providers;

     (2) the names, addresses, and telephone numbers of mental health providers that have provided services to the child;

     (3) the names, addresses, and telephone numbers of schools, preschools, or day care facilities that the child was attending before the child was committed to the department;

     (4) a description of special needs of the child, if any; and

     (5) the names and locations of relatives who may be willing to have the child placed in their home.

 (s) The department may transfer a child, in the child’s best interests, from one placement setting to another, and the child, the child’s parents or guardian, the child’s foster parents or out-of-home caregiver, the child’s guardian ad litem, the child’s attorney, and the child’s tribe are entitled to advance notice of a nonemergency transfer. A party opposed to the proposed transfer may request a hearing and must prove by clear and convincing evidence that the transfer would be contrary to the best interests of the child for the court to deny the transfer. A foster parent or out-of-home caregiver who requests a nonemergency change in placement of the child shall provide the department with reasonable advance notice of the requested change. When the department transfers a child from one out-of-home placement to another, the department shall search for an appropriate placement with an adult family member or a family friend who meets the foster care licensing requirements established by the department.

 (t) For a child who is placed in foster care, when the department finds that it is in the best interest of a child and that the foster family will not be placed in undue risk of harm, the department shall require foster parents to provide regular opportunities for visitation with the child by the parents of the child and encourage foster parents to serve as mentors for facilitating family reunification.

 (u) A hearing conducted under this section is open to the public unless an exception provided in AS 47.10.070(c) applies to make the hearing closed to the public or unless prohibited by federal or state statute or regulation.

 (v) In addition to the extensions of state custody ordered by a court under (c)(1)(A) or (B) of this section, a court may grant in a hearing a resumption of state custody that does not extend beyond a person’s 21st birthday if the person
     (1) consents to it;

     (2) was placed in out-of-home care by the department immediately before being released from state custody and the person was
          (A) at least 18 years of age and released to the person’s own custody; or

          (B) at least 16 years of age and released to the
               (i) person’s own custody after the disabilities of minority were removed under AS 09.55.590; or

               (ii) custody of a parent or guardian because the person refused out-of-home care;

     (3) is in need of out-of-home care
          (A) to avoid personal harm;

          (B) because of the person’s severe emotional disturbance, mental disability, physical disability, homelessness, or a combination of those conditions;

          (C) because the person is completing an educational or vocational program; or

          (D) to otherwise improve the person’s successful transition to independent living; and

     (4) if requested by the department, agrees to reasonable terms for resuming state custody that may include matters relating to the person’s education, attainment of a job or life skills, or other terms found by the court to be reasonable and in the person’s best interest.

 (w) The court shall recognize a presumption that maintenance of a sibling relationship, including with a sibling who is related by blood, marriage, or adoption through one parent, is in a child’s best interest.

 (x) In any team-decision meeting the department holds to address the potential or actual transfer of a child from one placement setting to another, the department shall ask the participants for input regarding whether it is in the child’s best interest for the child to remain in the child’s current school for the remainder of the school term.

 (y) If the department transfers a child from one placement setting to another and it is reasonable and in the child’s best educational interests, the department shall immediately, and in advance of the transfer if possible, coordinate with the school the child is attending to ensure the child is permitted to attend that school through the end of the school term if the child’s new placement is in the same municipality and connected by road to the school. If federal funds and school district transportation funds are not available to pay for the cost of transportation for the child, the department shall pay the costs of transporting the child to school. The department shall work with the family or agency where the child is placed to arrange for transportation. The department shall consult with the school district regarding the child’s best interests, but the school district may not override the department’s decision to allow a child to remain in the current school through the end of the school term.




Sec. 47.10.081. Predisposition hearing reports.
 (a) [Repealed, § 55 ch 59 SLA 1996.]
 (b) Before the disposition hearing of a child in need of aid, the department shall submit a predisposition report to aid the court in its selection of a disposition. This report must include, but is not limited to, the following:
     (1) a statement of changes in the child’s or parent’s behavior, which will aid the court in determining that supervision of the family or placement is no longer necessary;

     (2) if removal from the home is recommended, a description of the reasons the child cannot be protected or rehabilitated adequately in the home, including a description of any previous efforts to work with the parents and the child in the home and the parents’ attitude toward placement of the child;

     (3) a description of the potential harm to the child that may result from removal from the home and any efforts that can be made to minimize such harm; and

     (4) any further information that the court may request.

 (c) The court shall inform the child, the child’s parents and the attorneys representing the parties and the guardian ad litem that the predisposition report will be available to them not less than 10 days before the disposition hearing.

 (d) For purposes of this section, “parents” means the natural or adoptive parents, and any legal guardian, relative, or other adult person with whom the child has resided and who has acted as a parent in providing for the child for a continuous period of time before this action.




Sec. 47.10.082. Health and safety of child and other considerations.
In making its dispositional order under AS 47.10.080(c), the court shall keep the health and safety of the child as the court’s paramount concern and consider
     (1) the best interests of the child;

     (2) the ability of the state to take custody and to care for the child to protect the child’s best interests under AS 47.10.005 — 47.10.142; and

     (3) the potential harm to the child caused by removal of the child from the home and family environment.




Sec. 47.10.083. Review of orders, requests for extensions.
In a review under AS 47.10.080(f) and in a hearing related to a request for extended commitment or extended supervision under AS 47.10.080(c)(1) or (2), the court shall, in addition to the requirements of those provisions and the requirements of court rules, determine whether a child continues to be a child in need of aid at the time of the review or hearing. The court may not continue or extend state custody or supervision of the child unless the court finds that the child continues to be a child in need of aid except that, if the child is no longer a child in need of aid, the court may establish a specific timetable for gradual reunification of the family and termination of state custody or supervision if the court makes a finding that immediate reunification would be detrimental to the child.


Sec. 47.10.084. Legal custody, guardianship, and residual parental rights and responsibilities.
 (a) When a child is committed under AS 47.10.080(c)(1) to the department, released under AS 47.10.080(c)(2) to the child’s parents, guardian, or other suitable person, or committed to the department or to a legally appointed guardian of the person of the child under AS 47.10.080(c)(3), a relationship of legal custody exists. This relationship imposes on the department and its authorized agents or the parents, guardian, or other suitable person the responsibility of physical care and control of the child, the determination of where and with whom the child shall live, the right and duty to protect, nurture, train, and discipline the child, the duty of providing the child with food, shelter, education, and medical care, and the right and responsibility to make decisions of financial significance concerning the child. These obligations are subject to any residual parental rights and responsibilities and rights and responsibilities of a guardian if one has been appointed. When a child is committed to the department and the department places the child with the child’s parent, the parent has the responsibility to provide and pay for food, shelter, education, and medical care for the child. When parental rights have been terminated, or there are no living parents and no guardian has been appointed, the responsibilities of legal custody include those in (b) and (c) of this section. The department or person having legal custody of the child may delegate any of the responsibilities under this section, except authority to consent to marriage, adoption, and military enlistment may not be delegated. For purposes of this chapter, a person in charge of a placement setting is an agent of the department.

 (b) When a guardian is appointed for the child, the court shall specify in its order the rights and responsibilities of the guardian. The guardian may be removed only by court order. The rights and responsibilities may include, but are not limited to, having the right and responsibility of reasonable visitation, consenting to marriage, consenting to military enlistment, consenting to major medical treatment, obtaining representation for the child in legal actions, and making decisions of legal or financial significance concerning the child.

 (c) When there has been transfer of legal custody or appointment of a guardian and parental rights have not been terminated by court decree, the parents shall have residual rights and responsibilities. These residual rights and responsibilities of the parent include, but are not limited to, the right and responsibility of reasonable visitation, consent to adoption, consent to marriage, consent to military enlistment, consent to major medical treatment except in cases of emergency or cases falling under AS 25.20.025, and the responsibility for support, except if by court order any residual right and responsibility has been delegated to a guardian under (b) of this section. In this subsection, “major medical treatment” includes the administration of medication used to treat a mental health disorder.




Sec. 47.10.085. Medical treatment by religious means.
In a case in which the minor’s status as a child in need of aid is sought to be based on the need for medical care, the court may, upon consideration of the health of the minor and the fact, if it is a fact, that the minor is being provided treatment by spiritual means through prayer in accordance with the tenets and practices of a recognized church or religious denomination by an accredited practitioner of the church or denomination, dismiss the proceedings and thereby close the matter. This may be done, in the interests of justice and religious freedom, on the court’s own motion or upon the application of a party to the proceedings, at any stage of the proceedings after information is given to the court under AS 47.10.020(a).


Sec. 47.10.086. Reasonable efforts.
 (a) Except as provided in (b), (c), and (g) of this section, the department shall make timely, reasonable efforts to provide family support services to the child and to the parents or guardian of the child that are designed to prevent out-of-home placement of the child or to enable the safe return of the child to the family home, when appropriate, if the child is in an out-of-home placement. The department’s duty to make reasonable efforts under this subsection includes the duty to
     (1) identify family support services that will assist the parent or guardian in remedying the conduct or conditions in the home that made the child a child in need of aid;

     (2) actively offer the parent or guardian, and refer the parent or guardian to, the services identified under (1) of this subsection; the department shall refer the parent or guardian to, and distribute to the parent or guardian information on, community-based family support services whenever community- based services are available and desired by the parent or guardian; the information may include the use of a power of attorney under AS 13.26.066 to select an individual to care for the child temporarily; and

     (3) document the department’s actions that are taken under (1) and (2) of this subsection.

 (b) If the court makes a finding at a hearing conducted under AS 47.10.080(l) that a parent or guardian has not sufficiently remedied the parent’s or guardian’s conduct or the conditions in the home despite reasonable efforts made by the department in accordance with this section, the court may conclude that continuation of reasonable efforts of the type described in (a) of this section are not in the best interests of the child. The department shall then make reasonable efforts to place the child in a timely manner in accordance with the permanent plan and to complete whatever steps are necessary to finalize the permanent placement of the child.

 (c) The court may determine that reasonable efforts of the type described in (a) of this section are not required if the court has found by clear and convincing evidence that
     (1) the parent or guardian has subjected the child to circumstances that pose a substantial risk to the child’s health or safety; these circumstances include abandonment, sexual abuse, torture, chronic mental injury, or chronic physical harm;

     (2) the parent or guardian has
          (A) committed homicide under AS 11.41.100 — 11.41.130 of a parent of the child or of a child;

          (B) aided or abetted, attempted, conspired, or solicited under AS 11.16 or AS 11.31 to commit a homicide described in (A) of this paragraph;

          (C) committed an assault that is a felony under AS 11.41.200 — 11.41.220 and results in serious physical injury to a child; or

          (D) committed the conduct described in (A) — (C) of this paragraph that violated a law or ordinance of another jurisdiction having elements similar to an offense described in (A) — (C) of this paragraph;

     (3) the parent or guardian has, during the 12 months preceding the permanency hearing, failed to comply with a court order to participate in family support services;

     (4) the department has conducted a reasonably diligent search over a time period of at least three months for an unidentified or absent parent and has failed to identify and locate the parent;

     (5) the parent or guardian is the sole caregiver of the child and the parent or guardian has a mental illness or mental deficiency of such nature and duration that, according to the statement of a psychologist or physician, the parent or guardian will be incapable of caring for the child without placing the child at substantial risk of physical or mental injury even if the department were to provide family support services to the parent or guardian for 12 months;

     (6) the parent or guardian has previously been convicted of a crime involving a child in this state or in another jurisdiction and, after the conviction, the child was returned to the custody of the parent or guardian and later removed because of an additional substantiated report of physical or sexual abuse by the parent or guardian;

     (7) a child has suffered substantial physical harm as the result of abusive or neglectful conduct by the parent or guardian or by a person known by the parent or guardian and the parent or guardian knew or reasonably should have known that the person was abusing the child;

     (8) the parental rights of the parent have been terminated with respect to another child because of child abuse or neglect, the parent has not remedied the conditions or conduct that led to the termination of parental rights, and the parent has demonstrated an inability to protect the child from substantial harm or the risk of substantial harm;

     (9) the child has been removed from the child’s home on at least two previous occasions, family support services were offered or provided to the parent or guardian at those times, and the parent or guardian has demonstrated an inability to protect the child from substantial harm or the risk of substantial harm;

     (10) the parent or guardian is incarcerated and is unavailable to care for the child during a significant period of the child’s minority, considering the child’s age and need for care by an adult; or

     (11) the parent or guardian
          (A) has sexually abused the child or another child of the parent or guardian; or

          (B) is registered or required to register as a sex offender or child kidnapper under AS 12.63.

 (d) If the court determines under (b) or (c) of this section that reasonable efforts under (a) of this section are not required to be provided,
     (1) the court shall hold a permanency hearing for the child within 30 days after the determination; and

     (2) the department shall make reasonable efforts to place the child in a timely manner in accordance with the permanency plan, and complete whatever steps are necessary to finalize the permanent placement of the child.

 (e) The department may develop and implement an alternative permanency plan for the child while the department is also making reasonable efforts to return the child to the child’s family under (a) of this section.

 (f) In making determinations and reasonable efforts under this section, the primary consideration is the child’s best interests.

 (g) The department is not required to make reasonable efforts of the type described in (a) of this section if the department took emergency custody of an infant under AS 47.10.142 after the infant was abandoned safely within the meaning of AS 47.10.013(c).




Sec. 47.10.087. Placement in secure residential psychiatric treatment centers.
 (a) The court may authorize the department to place a child who is in the custody of the department under AS 47.10.080(c)(1) or (3) or 47.10.142 in a secure residential psychiatric treatment center if the court finds, based on the testimony of a mental health professional, that
     (1) the child is gravely disabled or is suffering from mental illness and, as a result, is likely to cause serious harm to the child or to another person;

     (2) there is no reasonably available, appropriate, and less restrictive alternative for the child’s treatment or that less restrictive alternatives have been tried and have failed; and

     (3) there is reason to believe that the child’s mental condition could be improved by the course of treatment or would deteriorate if untreated.

 (b) A court shall review a placement made under this section at least once every 90 days. The court may authorize the department to continue the placement of the child in a secure residential psychiatric treatment center if the court finds, based on the testimony of a mental health professional, that the conditions or symptoms that resulted in the initial order have not ameliorated to such an extent that the child’s needs can be met in a less restrictive setting and that the child’s mental condition could be improved by the course of treatment or would deteriorate if untreated.

 (c) The department shall transfer a child from a secure residential psychiatric treatment center to another appropriate placement if the mental health professional responsible for the child’s treatment determines that the child would no longer benefit from the course of treatment or that the child’s treatment needs could be met in a less restrictive setting. The department shall notify the child, the child’s parents or guardian, and the child’s guardian ad litem of a determination and transfer made under this subsection.

 (d) In this section, “likely to cause serious harm” has the meaning given in AS 47.30.915.




Sec. 47.10.088. Involuntary termination of parental rights and responsibilities.
 (a) Except as provided in AS 47.10.080(o), the rights and responsibilities of the parent regarding the child may be terminated for purposes of freeing a child for adoption or other permanent placement if the court finds by clear and convincing evidence that
     (1) the child has been subjected to conduct or conditions described in AS 47.10.011;

     (2) the parent
          (A) has not remedied the conduct or conditions in the home that place the child at substantial risk of harm; or

          (B) has failed, within a reasonable time, to remedy the conduct or conditions in the home that place the child in substantial risk so that returning the child to the parent would place the child at substantial risk of physical or mental injury; and

     (3) the department has complied with the provisions of AS 47.10.086 concerning reasonable efforts.

 (b) In making a determination under (a)(2) of this section, the court may consider any fact relating to the best interests of the child, including
     (1) the likelihood of returning the child to the parent within a reasonable time based on the child’s age or needs;

     (2) the amount of effort by the parent to remedy the conduct or the conditions in the home;

     (3) the harm caused to the child;

     (4) the likelihood that the harmful conduct will continue; and

     (5) the history of conduct by or conditions created by the parent.

 (c) In a proceeding under this chapter involving termination of the parental right of a parent, the court shall consider the best interests of the child.

 (d) Except as provided in (e) of this section, the department shall petition for termination of a parent’s rights to a child, without making further reasonable efforts, when a child is under the jurisdiction of the court under AS 47.10.010 and 47.10.011, and
     (1) the child has been in foster care for at least 15 of the most recent 22 months;

     (2) the court has determined that the child is abandoned under AS 47.10.013 and the child is younger than six years of age;

     (3) the court has made a finding under AS 47.10.086(b) or a determination under AS 47.10.086(c) that the best interests of the child do not require further reasonable efforts by the department;

     (4) a parent has made three or more attempts within a 15-month period to remedy the parent’s conduct or conditions in the home without lasting change; or

     (5) a parent has made no effort to remedy the parent’s conduct or the conditions in the home by the time of the permanency hearing under AS 47.10.080(l).

 (e) If one or more of the conditions listed in (d) of this section are present, the department shall petition for termination of the parental rights to a child unless the department
     (1) has documented a compelling reason for determining that filing the petition would not be in the best interests of the child; a compelling reason under this paragraph may include care by a relative for the child; or

     (2) is required to make reasonable efforts under AS 47.10.086 and the department has not provided to the parent, consistent with the time period in the department’s case plan, the family support services that the department has determined are necessary for the safe return of the child to the home.

 (f) A child is considered to have entered foster care under this chapter on the earlier of
     (1) the date of the first judicial finding of child abuse or neglect; or

     (2) 60 days after the date of removal of the child from the child’s home under this chapter.

 (g) This section does not preclude the department from filing a petition to terminate the parental rights and responsibilities to a child for other reasons, or at an earlier time than those specified in (d) of this section, if the department determines that filing a petition is in the best interests of the child.

 (h) The court may order the termination of parental rights and responsibilities of one or both parents under AS 47.10.080(c)(3) and commit the child to the custody of the department. The rights of one parent may be terminated without affecting the rights of the other parent.

 (i) The department shall concurrently identify, recruit, process, and approve a qualified person or family for an adoption whenever a petition to terminate a parent’s rights to a child is filed. Before identifying a placement of the child in an adoptive home, the department shall attempt to locate all living adult family members of the child and, if an adult family member expresses an interest in adopting the child, investigate the adult family member’s ability to care for the child. The department shall provide to all adult family members of the child located by the department written notice of the adult family members’ rights under this chapter and of the procedures necessary to gain custody of the child, but the department’s obligation to provide written notice under this subsection does not apply to a parent of the child whose parental rights are being or have been terminated or to an adult family member who is known by the department to be ineligible for a foster care license under AS 47.32 and regulations adopted under AS 47.32. If an adult family member of the child requests that the department approve the adult family member for an adoption, the department shall approve the request unless there is good cause not to approve the adoption. If the court issues an order to terminate under (j) of this section, the department shall report within 30 days on the efforts being made to recruit a permanent placement for the child if a permanent placement was not approved at the time of the trial under (j) of this section. The report must document recruitment efforts made for the child.

 (j) No later than six months after the date on which the petition to terminate parental rights is filed, the court before which the petition is pending shall hold a trial on the petition unless the court finds that good cause is shown for a continuance. When determining whether to grant a continuance for good cause, the court shall take into consideration the age of the child and the potential adverse effect that the delay may have on the child. The court shall make written findings when granting a continuance.

 (k) The court shall issue an order on the petition to terminate within 90 days after the last day of the trial on the petition to terminate parental rights.




Sec. 47.10.089. Voluntary relinquishment of parental rights and responsibilities.
 (a) When a child is committed to the custody of the department under AS 47.10.080(c)(1) or (3) or released under AS 47.10.080(c)(2), the rights of a parent with respect to the child, including parental rights to control the child, to withhold consent to an adoption, or to receive notice of a hearing on a petition for adoption, may be voluntarily relinquished to the department and the relationship of parent and child terminated in a proceeding as provided under this section.

 (b) A voluntary relinquishment must be in writing and signed by a parent, regardless of the age of the parent, in the presence of a representative of the department or in the presence of a court of competent jurisdiction with the knowledge and approval of the department. A copy of the signed relinquishment shall be given to the parent.

 (c) A voluntary relinquishment may be withdrawn within 10 days after it is signed. The relinquishment is invalid unless the relinquishment contains the right of withdrawal as specified under this subsection.

 (d) A parent may retain privileges with respect to the child, including the ability to have future contact, communication, and visitation with the child in a voluntary relinquishment executed under this section. A retained privilege must be in writing and stated with specificity.

 (e) Not less than 10 days after a voluntary relinquishment is signed, the court shall enter an order terminating parental rights if the court determines that termination of parental rights under the terms of the relinquishment is in the child’s best interest. If a parent has retained one or more privileges under (d) of this section, the court shall incorporate the retained privileges in the termination order with a recommendation that the retained privileges be incorporated in an adoption or legal guardianship decree.

 (f) A voluntary relinquishment may not be withdrawn and a termination order may not be vacated on the ground that a retained privilege has been withheld from the relinquishing parent or that the relinquishing parent has been unable, for any reason, to act on a retained privilege, except as provided in Rule 60(b), Alaska Rules of Civil Procedure.

 (g) After a termination order is entered, a person who has voluntarily relinquished parental rights under this section may request a review hearing, upon a showing of good cause, to seek enforcement or modification of or to vacate a privilege retained in the termination order. The court may modify, enforce, or vacate the retained privilege if the court finds, by clear and convincing evidence, that it is in the best interest of the child to do so.

 (h) After a termination order is entered and before the entry of an adoption or legal guardianship decree, a person who voluntarily relinquished parental rights to a child under this section may request a review hearing, upon a showing of good cause, to vacate the termination order and reinstate parental rights relating to that child. A court shall vacate a termination order if the person shows, by clear and convincing evidence, that reinstatement of parental rights is in the best interest of the child and that the person is rehabilitated and capable of providing the care and guidance that will serve the moral, emotional, mental, and physical welfare of the child.

 (i) A person who relinquished parental rights is entitled to the appointment of an attorney if a hearing is requested under (g), (h), or (j) of this section to the same extent as if the parent’s rights had not been terminated in a child-in-need-of-aid proceeding.

 (j) After a termination order is entered and before the entry of an adoption or legal guardianship decree, a prospective adoptive parent or a guardian of a child who is the subject of the adoption or guardianship decree may request, after providing notice as specified under this subsection, that the court decline to incorporate a privilege retained in a termination order and recommended for incorporation in an adoption or guardianship decree under (e) of this section. The request made under this subsection may only be considered by the court after providing at least 20 days’ notice by certified mail to the last known address of the person who has voluntarily relinquished parental rights to the child. The notice under this subsection must describe the request and explain that the recipient of the notice may submit a written statement under penalty of perjury to the court that the recipient either agrees with or opposes the request. The notice must also include the deadline for submitting the statement and the mailing address of the court. The court may decline to incorporate a retained privilege if the person who retained the privilege agrees with the request or if the court finds that it is in the child’s best interest.




Sec. 47.10.090. Court records.
 (a) The court shall make and keep records of all cases brought before it.

 (b) [Repealed, § 55 ch 59 SLA 1996.]
 (c) Within 30 days after the date of a child’s 18th birthday or, if the court retains jurisdiction of a child past the child’s 18th birthday, within 30 days after the date on which the court releases jurisdiction over the child, the court shall order all the court’s official records pertaining to that child in a proceeding under this chapter sealed. A person may not use these sealed records unless authorized by order of the court upon a finding of good cause.

 (d) The name or picture of a child under the jurisdiction of the court may not be made public in connection with the child’s status as a child in need of aid unless authorized by order of the court or unless to implement the permanency plan for a child after all parental rights of custody have been terminated. This subsection does not prohibit the release of aggregate information for statistical or other informational purposes if the identity of any particular person is not revealed by the release.

 (e) The court’s official records under this chapter may be inspected only with the court’s permission and only by persons having a legitimate interest in them. A foster parent is considered to have a legitimate interest in those portions of the court’s records relating to a child who is placed by the department with the foster parent or who the department proposes for placement with the foster parent.




Sec. 47.10.092. Disclosure to certain public officials and employees.
 (a) Notwithstanding AS 47.10.090 and 47.10.093, a parent or legal guardian of a child subject to a proceeding under AS 47.10.005 — 47.10.142 may disclose confidential or privileged information about the child or the child’s family, including information that has been lawfully obtained from agency or court files, to the governor, the lieutenant governor, a legislator, the ombudsman appointed under AS 24.55, the attorney general, and the commissioner of health and social services, administration, or public safety, or an employee of these persons, for review or use in their official capacities. The Department of Health and Social Services and the Department of Administration shall disclose additional confidential or privileged information, excluding privileged attorney-client information, and make copies of documents available for inspection about the child or the child’s family to these state officials or employees for review or use in their official capacities upon request of the official or employee and submission of satisfactory evidence that a parent or legal guardian of the child has requested the state official’s assistance in the case as part of the official’s duties. A person to whom disclosure is made under this section may not disclose confidential or privileged information about the child or the child’s family to a person not authorized to receive it.

 (b) The disclosure right under (a) of this section is in addition to, and not in derogation of, the rights of a parent or legal guardian of a minor.

 (c) The obligations under (a) of this section remain in effect throughout the period that the child is in the custody of the department, including after the parent’s parental rights have been terminated with respect to the child, unless the child’s parent or legal guardian who made the disclosure under (a) of this section subsequently files a notice with the Department of Health and Social Services that the assistance of the state official or employee is no longer requested.

 (d) The Department of Health and Social Services shall notify an official identified under (a) of this section of the opportunity for a parent to file a grievance under AS 47.10.098 when the official is denied access to all or part of a requested record.

 (e) Each department shall respond to a request made by an official identified under (a) of this section within five working days after receiving the request, or by a later date specified in the request, by providing access to all or part of the information requested or by providing the specific citation to a federal or state law that prohibits disclosure of all or part of the information requested.

 (f) A person who discloses confidential or privileged information in violation of (a) of this section is guilty of a misdemeanor, and upon conviction is punishable by a fine of not more than $500 or by imprisonment for not more than one year, or by both.




Sec. 47.10.093. Disclosure of agency records.
 (a) Except as permitted in AS 47.10.092 and in (b) — (g) and (i) — (l) of this section, all information and social records pertaining to a child who is subject to this chapter or AS 47.17 prepared by or in the possession of a federal, state, or municipal agency or employee in the discharge of the agency’s or employee’s official duty are privileged and may not be disclosed directly or indirectly to anyone without a court order.

 (b) A state or municipal agency or employee shall disclose appropriate confidential information regarding a case to
     (1) a guardian ad litem appointed by the court;

     (2) a person or an agency requested by the department or the child’s legal custodian to provide consultation or services for a child who is subject to the jurisdiction of the court under AS 47.10.010 as necessary to enable the provision of the consultation or services;

     (3) an out-of-home care provider as necessary to enable the out-of-home care provider to provide appropriate care to the child, to protect the safety of the child, and to protect the safety and property of family members and visitors of the out-of-home care provider;

     (4) a school official as necessary to enable the school to provide appropriate counseling and support services to a child who is the subject of the case, to protect the safety of the child, and to protect the safety of school students and staff;

     (5) a governmental agency as necessary to obtain that agency’s assistance for the department in its investigation or to obtain physical custody of a child;

     (6) a law enforcement agency of this state or another jurisdiction as necessary for the protection of any child or for actions by that agency to protect the public safety;

     (7) a member of a multidisciplinary child protection team created under AS 47.14.300 as necessary for the performance of the member’s duties;

     (8) the state medical examiner under AS 12.65 as necessary for the performance of the duties of the state medical examiner;

     (9) a person who has made a report of harm as required by AS 47.17.020 to inform the person that the investigation was completed and of action taken to protect the child who was the subject of the report;

     (10) the child support services agency established in AS 25.27.010 as necessary to establish and collect child support for a child who is a child in need of aid under this chapter;

     (11) a parent, guardian, or caregiver of a child or an entity responsible for ensuring the safety of children as necessary to protect the safety of a child;

     (12) a review panel established by the department for the purpose of reviewing the actions taken by the department in a specific case;

     (13) the University of Alaska under the Alaska higher education savings program for children established under AS 47.14.400, but only to the extent that the information is necessary to support the program and only if the information released is maintained as a confidential record by the University of Alaska;

     (14) a child placement agency licensed under AS 47.32 as necessary to provide services for a child who is the subject of the case; and

     (15) a state or municipal agency of this state or another jurisdiction that is responsible for delinquent minors, as may be necessary for the administration of services, protection, rehabilitation, or supervision of a child or for actions by the agency to protect the public safety; however, a court may review an objection made to a disclosure under this paragraph; the person objecting to the disclosure bears the burden of establishing by a preponderance of the evidence that disclosure is not in the child’s best interest.

 (c) A state or municipal law enforcement agency shall disclose information regarding a case that is needed by the person or agency charged with making a preliminary investigation for the information of the court under AS 47.10.020.

 (d) [Repealed, § 55 ch 59 SLA 1996.]
 (e) [Repealed, § 55 ch 59 SLA 1996.]
 (f) The department may release to a person with a legitimate interest confidential information relating to children not subject to the jurisdiction of the court under AS 47.10.010.

 (g) The department and affected law enforcement agencies shall work with school districts and private schools to develop procedures for the disclosure of confidential information to a school official under (b)(4) of this section. The procedures must provide a method for informing the principal or the principal’s designee of the school that the student attends as soon as it is reasonably practicable.

 (h) [Repealed, § 55 ch 59 SLA 1996.]
 (i) The commissioner of health and social services or the commissioner’s designee or the commissioner of administration or the commissioner’s designee, as appropriate, may disclose to the public, upon request, confidential information, as set out in (j) of this section, when
     (1) the parent or guardian of a child who is the subject of one or more reports of harm under AS 47.17 has made a public disclosure concerning the department’s involvement with the family;

     (2) the alleged perpetrator named in one or more reports of harm under AS 47.17 has been charged with a crime concerning the alleged abuse or neglect; or

     (3) abuse or neglect has resulted in the fatality or near fatality of a child who is the subject of one or more reports of harm under AS 47.17.

 (j) The department may publicly disclose information pertaining to a child or an alleged perpetrator named in a report of harm described under (i) of this section, or pertaining to a household member of the child or the alleged perpetrator, if the information relates to a determination, if any, made by the department regarding the nature and validity of a report of harm under AS 47.17 or to the department’s activities arising from the department’s investigation of the report. The commissioner or the commissioner’s designee
     (1) shall withhold disclosure of the child’s name, picture, or other information that would readily lead to the identification of the child if the department determines that the disclosure would be contrary to the best interests of the child, the child’s siblings, or other children in the child’s household; or

     (2) after consultation with a prosecuting attorney, shall withhold disclosure of information that would reasonably be expected to interfere with a criminal investigation or proceeding or a criminal defendant’s right to a fair trial in a criminal proceeding.

 (k) Except for a disclosure made under (i) of this section, a person to whom disclosure is made under this section may not disclose confidential information about the child or the child’s family to a person not authorized to receive it.

 (l) The Department of Health and Social Services and the Department of Administration shall adopt regulations to implement and interpret the duties of the respective department under this section, including regulations governing the release of confidential information and identifying a sufficient legitimate interest under (f) of this section.

 (m) A person may not bring an action for damages against the state, the commissioner, or the commissioner’s designee based on the disclosure or nondisclosure of information under (i) of this section except for civil damages resulting from gross negligence or reckless or intentional misconduct.

 (n) A person who discloses confidential information in violation of this section is guilty of a class B misdemeanor.

 (o) In this section, “school” means a public or private elementary or secondary school.




Sec. 47.10.095. Arrest of a minor. [Repealed, § 55 ch 59 SLA 1996. For current law, see AS 47.12.200.]
Sec. 47.10.097. Fingerprinting of minors. [Repealed, § 55 ch 59 SLA 1996. For current law, see AS 47.12.210.]
Sec. 47.10.098. Grievance procedure.
 (a) The department shall develop, in regulation, a grievance procedure for a parent to file a complaint based on
     (1) the application of a department policy or procedure under this chapter;

     (2) compliance with this chapter or a regulation adopted under this chapter; or

     (3) an act or failure to act by the department under this chapter.

 (b) The department shall prepare and distribute to each parent of a child who is under the jurisdiction of the department a written copy of the grievance procedure developed under (a) of this section.




Sec. 47.10.100. Retention of jurisdiction over child.
 (a) The court retains jurisdiction over the case and may at any time stay execution, modify, set aside, revoke, or enlarge a judgment or order, or grant a new hearing, in the exercise of its power of protection over the child and for the child’s best interest, for a period of time not to exceed two years or in any event extend past the day the child reaches 19 years of age, unless sooner discharged by the court, except that the department may apply for and the court may grant an additional one-year period of custody or supervision past 19 years of age and additional one-year periods of custody that do not extend beyond the person’s 21st birthday if continued custody or supervision is in the best interests of the person and the person consents to it. An application for any of these purposes may be made by the parent, guardian, or custodian acting in behalf of the child, or the court may, on its own motion, and after reasonable notice to interested parties and the appropriate department, take action that it considers appropriate.

 (b) If the court determines at a hearing authorized by (a) of this section that the department has complied with the requirements for release of a child under AS 47.14.100(q) and that it is in the best interests of the child to be released to the child’s own custody, or to the care or custody of the child’s parent, guardian, or custodian, it shall enter an order to that effect and the child is discharged from the control of the department.

 (c) If a child is adjudicated a child in need of aid before the child’s 18th birthday, the court may retain jurisdiction over the child after the child’s 18th birthday for the purpose of supervising the child, but the court’s jurisdiction over the minor under this chapter never extends beyond the child’s 19th birthday, except that the department may apply for and the court may grant an additional one-year period of custody or supervision past 19 years of age and additional one-year periods of custody that do not extend beyond the person’s 21st birthday if continued custody or supervision is in the best interests of the person and the person consents to it. The department may retain jurisdiction over a child if the child has been placed in the custody or under the supervision of the department before the child’s 18th birthday, except that the department may apply for and the court may grant an additional one-year period of custody or supervision past 19 years of age and additional one-year periods of custody that do not extend beyond the person’s 21st birthday if continued custody or supervision is in the best interests of the person and the person consents to it.




Sec. 47.10.110. Appointment of guardian or custodian.
When, in the course of a proceeding under this chapter, it appears to the court that the welfare of a minor will be promoted by the appointment of a guardian or custodian of the minor’s person, the court may make the appointment. The court shall have a summons issued and served upon the parents of the minor, if they can be found, in a manner and within a time before the hearing that the court considers reasonable. The court may determine whether the father, mother, another suitable person, or the department shall have the custody and control of the minor. If the minor is of sufficient age and intelligence to state desires, the court shall consider them.


Sec. 47.10.111. Petition for adoption or guardianship of a child in state custody.
 (a) Except as provided under AS 13.26.137(b)(2) and AS 25.23.030(d)(2), if a person seeks adoption or appointment as legal guardian of a child in state custody under this chapter, the court shall hear the adoption or guardianship proceedings as part of the child-in-need-of-aid proceedings relating to the child. A person may initiate proceedings for the adoption or legal guardianship of a child in state custody under this chapter by filing with the court a petition
     (1) for adoption that meets the requirements of AS 25.23.080; or

     (2) to be appointed legal guardian that meets the requirements of AS 13.26.147.

 (b) If a person files a petition for adoption or legal guardianship of a child under (a) of this section before the court approves adoption or legal guardianship as the permanent plan for the child under AS 47.10.080(l)(2), the court shall hold the petition in abeyance until after the court has approved adoption or legal guardianship as the permanent plan for the child under AS 47.10.080(l).

 (c) If a person files a petition for adoption or legal guardianship of a child who is in out-of-home placement, and the child is not placed with the person who files the petition at the time the person files the petition, the department shall, not more than 60 days after the petition is filed, submit a permanent plan to the court. The court shall hold a hearing to review the permanent plan for the child under AS 47.10.080(l) not more than 90 days after the petition is filed.

 (d) A person who files a petition for adoption or legal guardianship of a child under this section does not become a party to the child-in-need-of-aid proceedings. A person who files a petition for adoption or legal guardianship of a child under this section may only participate in proceedings under this chapter that concern the person’s petition.

 (e) A parent who has consented to adoption under AS 25.23.060, who has relinquished parental rights under AS 47.10.089, or whose parental rights have been terminated under AS 47.10.080(o) or 47.10.088, is not a party to the adoption or guardianship proceedings under this section.

 (f) Except as provided in this section, the requirements of AS 25.23 apply to a petition for adoption filed under this section, and the requirements of AS 13.26.101 — 13.26.186 apply to a petition for legal guardianship filed under this section.




Sec. 47.10.112. Proxy for a formal petition for adoption or legal guardianship.
 (a) A person seeking the immediate permanent placement of a child in state custody under this chapter may file a proxy for a formal petition for adoption or legal guardianship of the child. The court shall hear proceedings related to the proxy as part of the child-in-need-of-aid proceedings relating to the child. In the case of an Indian child, a proxy for a formal petition for
     (1) adoption preserves the placement preferences of 25 U.S.C. 1915(a) with respect to the person who files the proxy; and

     (2) legal guardianship preserves the placement preferences of 25 U.S.C. 1915(b) with respect to the person who files the proxy.

 (b) A proxy filed under this section does not initiate proceedings for adoption or legal guardianship. A person seeking to adopt a child in state custody must file a petition for adoption as required under AS 25.23. A person seeking to be appointed legal guardian of a child in state custody must file a petition for appointment as required under AS 13.26.101 — 13.26.186.

 (c) If a person files a proxy for a formal petition for adoption or legal guardianship of a child who is in out-of-home placement, and the child is not placed with the person who files the proxy at the time the person files the proxy, the department shall, not more than 60 days after the proxy is filed, submit a permanent plan to the court. The court shall hold a hearing to review the permanent plan for the child under AS 47.10.080(l) not more than 90 days after the proxy is filed.

 (d) A person who files a proxy for a formal petition for adoption or legal guardianship of a child under this section does not become a party to the child-in- need-of-aid proceedings. A person who files a proxy for a formal petition for adoption or legal guardianship may only participate in proceedings under this chapter that concern the person’s proxy.

 (e) A person who files a proxy for a formal petition for adoption or legal guardianship of a child is not entitled to the appointment of a lawyer at public expense.

 (f) A person who receives a proxy for a formal petition for adoption or legal guardianship shall file the proxy with the court.

 (g) The department may adopt regulations to implement this section.

 (h) In this section,
     (1) “extended family member”
          (A) means a person who is at least 18 years of age and who is the child’s grandparent, aunt, uncle, sibling, brother-in-law, sister-in-law, niece, nephew, first or second cousin, or stepparent; or

          (B) in the case of an Indian child, has the meaning given in 25 U.S.C. 1903;

     (2) “proxy for a formal petition” or “proxy” means
          (A) a request by a person who is interested in immediate permanent placement and adoption or legal guardianship of a child, and is an extended family member, member of an Indian child’s tribe, or other Indian family member, made at any court hearing or conveyed to the department by telephone, mail, facsimile, electronic mail, or in person;

          (B) in the case of an Indian child, a request made to the department on behalf of a person described in (A) of this paragraph by
               (i) the Indian child’s biological parent, individually or through counsel; or

               (ii) the Indian child’s tribe, a tribe in which the Indian child is eligible for enrollment, or a tribe in which the Indian child’s biological parent is a member; or

          (C) a proxy for a formal petition, as established by the department by regulation.




Sec. 47.10.113. Civil custody proceedings.
 (a) Except as provided in AS 25.24.150(a), a court shall hear a request to make, modify, or vacate an order for the custody of or visitation with a minor child in state custody under this chapter as part of the child-in-need-of-aid proceedings relating to the child.

 (b) A person who files a request for an order to make, modify, or vacate an order for the custody of or visitation with a minor child in state custody under this chapter is not entitled to the appointment of a lawyer at public expense under this section.

 (c) Except as provided in this section, the requirements of AS 25.24.010 — 25.24.180 apply to a request under this section to make, modify, or vacate an order for the custody of or visitation with a minor child in state custody under this chapter.




Sec. 47.10.115. Permanent fund dividend.
 (a) The department shall annually apply for a permanent fund dividend and retain in trust under AS 43.23.015(e) for the benefit of the child the dividend and accrued interest on the dividend if the child is in the custody of the department when the application is due.

 (b) The department shall distribute the proceeds of a trust under this section
     (1) to the child when the child
          (A) has reached 21 years of age; or

          (B) is no longer in the custody of the department and has reached at least 18 years of age or is emancipated; or

     (2) when
ordered to do so by the court in the best interest of the child.

 (c) [Repealed, § 14 ch 7 4SSLA 2016.]




Sec. 47.10.120. Support of child.
 (a) When a child in need of aid is committed under this chapter, the court or the child support services agency created in AS 25.27.010 shall, after giving the parent a reasonable opportunity to be heard, require that the parent pay to the department in a manner that the court or the child support services agency directs a sum to cover in full or in part the maintenance and care of the child. The support obligation shall be calculated under Rule 90.3(i) of the Alaska Rules of Civil Procedure.

 (b) If a parent wilfully fails or refuses to pay the sum fixed, the parent may be proceeded against as provided by law in cases of family desertion and nonsupport.

 (c) The sum collected from a parent under this section shall be directly credited to the general fund of the state.

 (d) [Repealed, § 28 ch 90 SLA 1991.]




Sec. 47.10.130. Detention. [Repealed, § 55 ch 59 SLA 1996. For current law, see AS 47.12.240.]
Sec. 47.10.140. Temporary detention and detention hearing. [Repealed, § 55 ch 59 SLA 1996. For current law, see AS 47.12.250.]
Sec. 47.10.141. Runaway and missing minors.
 (a) Upon receiving a written, telephonic, or other request to locate a minor evading the minor’s legal custodian or to locate a minor otherwise missing, a law enforcement agency shall make reasonable efforts to locate the minor and shall immediately complete a missing person’s report containing information necessary for the identification of the minor. As soon as practicable, but not later than 24 hours after completing the report, the agency shall transmit the report for entry into the Alaska Public Safety Information Network and the National Crime Information Center computer system. The report shall also be submitted to the missing persons information clearinghouse under AS 18.65.620. As soon as practicable, but not later than 24 hours after the agency learns that the minor has been located, it shall request that the Department of Public Safety and the Federal Bureau of Investigation remove the information from the computer systems.

 (b) A peace officer shall take into protective custody a minor described in (a) of this section if the minor is not otherwise subject to arrest or detention. Unless (c) of this section applies, when a peace officer takes a minor into protective custody under this subsection,
     (1) the peace officer shall
          (A) return the minor to the minor’s parent or guardian at the parent’s or guardian’s residence if the residence is in the same community where the minor was found and if the minor’s parent or guardian consents to the return, except that the officer may not use this option if the officer has reasonable cause to believe that the minor has experienced physical or sexual abuse in the parent’s or guardian’s household;

          (B) take the minor to a nearby location agreed to by the minor’s parent or guardian if the parent or guardian does not consent to return of the minor under (A) of this paragraph and the officer does not have reasonable cause to believe that the minor has experienced physical or sexual abuse in the parent’s or guardian’s household; or

          (C) if disposition of the minor is not made under (A) or (B) of this paragraph, take the minor to
               (i) an office specified by the Department of Health and Social Services;

               (ii) a program for runaway minors licensed by the department under AS 47.10.310;

               (iii) a shelter for runaways that has a permit from the department under AS 47.32 that agrees to shelter the minor;

               (iv) a facility or contract agency of the department; or

               (v) another suitable location and promptly notify the department if an office specified by the department, a licensed program for runaway minors, a shelter for runaways that will accept the minor, or a facility or contract agency of the department does not exist in the community;

     (2) if the peace officer plans to take the minor to an office, program, shelter, or facility under (1)(C) of this subsection, the peace officer shall give the highest priority to taking the minor to an office, program, shelter, or facility that is semi-secure;

     (3) a minor under protective custody may not be housed in a jail or other detention facility but may be housed in a semi-secure portion of an office, program, shelter, or other facility under (1)(C) of this subsection;

     (4) the peace officer, immediately upon taking a minor into protective custody, shall
          (A) advise the minor of available mediation services and of the right to social services under AS 47.10.142(b); and

          (B) if the identity of the minor’s parent or guardian is known, advise the minor’s parent or guardian that the minor has been taken into protective custody and that counseling services for the minor’s parent or guardian and the minor’s household may be available under AS 47.10.142(b).

 (c) A minor may be taken into emergency protective custody by a peace officer and placed into temporary detention in a juvenile detention home in the local community if there has been an order issued by a court under a finding of probable cause that (1) the minor is a runaway in wilful violation of a valid court order issued under AS 47.10.080(c)(1), 47.10.142(f), AS 47.12.120(b)(1) or (3), or 47.12.250(d), (2) the minor’s current situation poses a severe and imminent risk to the minor’s life or safety, and (3) no reasonable placement alternative exists within the community. A minor detained under this subsection shall be brought before a court on the day the minor is detained, or if that is not possible, within 24 hours after the detention for a hearing to determine the most appropriate placement in the best interests of the minor. A minor taken into emergency protective custody under this subsection may not be detained for more than 24 hours, except as provided under AS 47.12.250. Emergency protective custody may not include placement of a minor in a jail or secure facility other than a juvenile detention home, nor may an order for protective custody be enforced against a minor who is residing in a licensed program for runaway minors, as defined in AS 47.10.390.

 (d) If, after investigation of a report of a missing minor, a law enforcement agency has reason to believe that the minor is involuntarily absent from the custody of a custodial parent or guardian, the department shall notify the Bureau of Vital Statistics of the disappearance and shall provide the bureau with a description of the minor. The description of the minor must include, if known, the minor’s full name, date and place of birth, parent’s names, and mother’s maiden name. If the Department of Public Safety has reason to believe that the minor, whether born in this state or not, has been enrolled in a specific school or school district in the state, the department shall also notify the last known school or school district attended in the state by the missing minor of the disappearance. When a person who was listed as a missing minor is found, the Department of Public Safety shall notify the Bureau of Vital Statistics and any school or school district previously informed of the person’s disappearance.

 (e) In the absence of gross negligence or intentional misconduct, an office, program, shelter, or facility, or an employee of an office, program, shelter, or facility, to which a minor is taken by a peace officer for semi-secure custody is not subject to civil or criminal liability based on the minor’s leaving the office, program, shelter, or facility without permission unless the office, program, shelter, or facility is not in compliance with the department’s regulations that set standards for semi-security and the lack of compliance was a material factor in the minor’s being able to leave without permission.

 (f) If a child, without permission, leaves the semi-secure portion of an office, program, shelter, or facility to which the child was taken by a peace officer under (b)(1)(C) of this section, the office, program, shelter, or facility shall immediately notify the department and the nearest law enforcement agency of the identity of the child and the child’s absence. If the same child is again taken into protective custody under (b) of this section and the peace officer knows that the child has previously been reported under this subsection as missing from a semi-secure placement, the peace officer, in addition to taking the appropriate action under (b) of this section, shall report the circumstances and the identity of the child to the department. Within 48 hours after receiving this report, the department shall determine whether to file a petition alleging that the child is a child in need of aid under AS 47.10.011. If the department decides not to file a petition alleging that the child is a child in need of aid, the department shall, within seven state working days after receiving the report from the peace officer under this subsection, send to the child’s parents or guardian, as applicable, written notice of its determination not to proceed with the petition, including the reasons on which the determination was based. If the department is unable to obtain a reasonably reliable address for a parent or guardian, the department shall keep a copy of the notice on file and, notwithstanding AS 47.10.093, release the notice to the child’s parent or guardian on request of the parent or guardian. If the department files a petition alleging that the child is a child in need of aid, the court shall proceed under AS 47.10.142(d).

 (g) If the department files a petition alleging the child is a child in need of aid under AS 47.10.011(5) because the child is habitually absent from home or refuses available care, the child’s parent or guardian shall attend each hearing held during the child-in-need-of-aid proceedings unless the court excuses the parent or guardian from attendance for good cause. If the child is found to be a child in need of aid, the court may order that the
     (1) child participate in treatment;

     (2) parent or guardian personally participate in treatment reasonably available in the parent or guardian’s community as specified in a plan set out in the court order; and

     (3) child and the parent or guardian comply with other conditions set out in the court order.

 (h) If the court orders a minor’s parent or guardian to participate in the treatment under (g) of this section, the court may also order the parent or guardian to use available insurance or another resource to cover the treatment, or to pay for the treatment if other coverage is unavailable.

 (i) If the parent or guardian fails to attend a hearing as required by the court under (g) of this section, the hearing shall proceed without the presence of the parent.

 (j) In this section,
     (1) “law enforcement agency” has the meaning given in AS 12.36.090;

     (2) “semi-secure” means operated according to standards that may be established by the department in regulations that are designed to require a level of security that will reasonably ensure that, if a minor leaves without permission, the minor’s act of leaving will be immediately noticed.




Sec. 47.10.142. Emergency custody and temporary placement hearing.
 (a) The Department of Health and Social Services may take emergency custody of a child upon discovering any of the following circumstances:
     (1) the child has been abandoned as abandonment is described in AS 47.10.013;

     (2) the child has been neglected by the child’s parents or guardian, as “neglect” is described in AS 47.10.014, and the department determines that immediate removal from the child’s surroundings is necessary to protect the child’s life or provide immediate necessary medical attention;

     (3) the child has been subjected to physical harm by a person responsible for the child’s welfare, and the department determines that immediate removal from the child’s surroundings is necessary to protect the child’s life or that immediate medical attention is necessary; or

     (4) the child or a sibling has been sexually abused under circumstances listed in AS 47.10.011(7).

 (b) The department shall offer available counseling services to the person having legal custody of a minor described in AS 47.10.141 and to the members of the minor’s household if it determines that counseling services would be appropriate in the situation. If, after assessing the situation, offering available counseling services to the legal custodian and the minor’s household, and furnishing appropriate social services to the minor, the department considers it necessary, the department may take emergency custody of the minor.

 (c) When a child is taken into custody under (a) or (b) of this section or when the department is notified of a child’s presence in either a program for runaway children under AS 47.10.300 — 47.10.390 or a shelter for runaway children under AS 47.10.392 — 47.10.399, the department shall immediately, and in no event more than 24 hours later unless prevented by lack of communication facilities, notify the parents or the person or persons having custody of the child. If the department determines that continued custody is necessary to protect the child, the department shall notify the court of the emergency custody by filing, within 24 hours after custody was assumed, a petition alleging that the child is a child in need of aid. If the department releases the child within 24 hours after taking the child into custody and does not file a child in need of aid petition, the department shall, within 24 hours after releasing the child, file with the court a report explaining why the child was taken into custody, why the child was released, and to whom the child was released.

 (d) The court shall immediately, and in no event more than 48 hours after being notified unless prevented by lack of transportation, hold a temporary custody hearing at which the child, if the child’s health permits, and the child’s parents or guardian, if they can be found, shall be permitted to be present. If present at the hearing, a parent or guardian of the child may request a continuance of the hearing for the purpose of preparing a response to the allegation that the child is a child in need of aid. The court may grant the request on a showing of good cause for why the parent or guardian is not prepared to respond to the allegation. During a continuance, the child remains in the temporary legal custody of the department, except as otherwise provided in this subsection. At the first hearing under this subsection, regardless of whether a continuance is granted, the court shall make a preliminary determination of whether continued placement in the home of the child’s parent or guardian would be contrary to the welfare of the child. If a court determines that continued placement in the home of the child’s parent or guardian would not be contrary to the welfare of the child, the court shall return the authority to place the child to the child’s parent or guardian pending a temporary custody hearing under (e) of this section.

 (e) When the temporary custody hearing is held, the court shall determine whether probable cause exists for believing the child to be a child in need of aid, as defined in AS 47.10.990. If the court finds that probable cause exists, it shall order the child committed to the department for temporary placement, or order the child returned to the custody of the child’s parents or guardian, subject to the department’s supervision of the child’s care and treatment. The court shall inform the child, and the child’s parents or guardian if they can be found, of the reasons for finding probable cause, authorizing the child’s temporary placement, and, if applicable, finding that continued placement in the home of the child’s parents or guardian would be contrary to the welfare of the child. If the court finds no probable cause, it shall order the child returned to the custody of the child’s parents or guardian.

 (f) When a minor is committed to the department for temporary placement under (e) of this section, the court order shall specify the terms, conditions, and duration of placement. If the court orders the minor returned to the custody of the minor’s parents or guardian under (e) of this section after a hearing held on a petition filed under AS 47.10.141(f), the court shall specify the terms and conditions that must be followed by the minor and the minor’s parents or guardian. The court shall require the minor to remain in the placement provided by the department and shall clearly state in the order the consequences of violating the order, including detention under AS 47.10.141(c).

 (g) [Repealed, § 74 ch 35 SLA 2003.]
 (h) Within 12 months after a child is committed to the department under this section, the court shall review the placement plan and actual placement of the child under AS 47.10.080(l).

 (i) When the department takes emergency custody of a child under this section or a court orders a child committed to the department for temporary placement under this section, the department shall, to the extent feasible and consistent with the best interests of the child, place the child according to the criteria specified under AS 47.14.100(e).




Secs. 47.10.150 — 47.10.180. General power, duty, and authority of the department. [Repealed, § 55 ch 59 SLA 1996. For current law, see AS 47.14.010 — 47.14.050.]
Sec. 47.10.190. Detention of minors. [Repealed, § 55 ch 59 SLA 1996. For current law, see AS 47.12.240(a).]
Sec. 47.10.200. Releasing juveniles after commitment. [Repealed, § 55 ch 59 SLA 1996. For current law, see AS 47.12.260.]
Sec. 47.10.210. Youth counsellors. [Repealed, § 55 ch 59 SLA 1996. For current law, see AS 47.12.270.]
Sec. 47.10.220. Grants-in-aid. [Repealed, § 55 ch 59 SLA 1996. For current law, see AS 47.10.980 and 47.12.980.]
Secs. 47.10.230 — 47.10.260. Care of children. [Repealed, § 55 ch 59 SLA 1996. For current law, see AS 47.14.100 — 47.14.130.]
Sec. 47.10.265. Youth courts. [Repealed, § 55 ch 59 SLA 1996. For current law, see AS 47.12.400.]
Sec. 47.10.270. [Renumbered as AS 47.10.970.]
Sec. 47.10.280. Purpose of chapter. [Repealed, § 1 ch 152 SLA 1976. For current similar provisions, see AS 47.05.060.]
Sec. 47.10.290. [Renumbered as AS 47.10.990.]

Article 2. Programs for Runaway Minors.


Sec. 47.10.300. Powers and duties of the department.
The department shall
     (1) review, inspect, and approve or disapprove for licensing proposed or established programs for runaway minors to ensure the health and safety of minors in the program;

     (2) maintain a register of licensed programs for runaway minors;

     (3) award nonprofit corporations or municipalities grants for the establishment or operation of licensed programs for runaway minors;

     (4) adopt regulations for the administration of AS 47.10.300 — 47.10.390, including regulations providing for the coordination of services to be provided by licensed programs for runaway minors and by the department.




Sec. 47.10.310. Licensing of programs for runaway minors.
 (a) A person may not operate a program for runaway minors in the state without a license issued under this section. A person who violates this subsection is guilty of a violation.

 (b) The department may license a program for runaway minors under AS 47.10.300 — 47.10.390 only if the program
     (1) is operated by a corporation or a municipality; and

     (2) meets the requirements of (c) of this section.

 (c) A program for runaway minors shall
     (1) explain to a minor who seeks assistance from the program the legal rights and responsibilities of runaway minors and the services and assistance provided for runaway minors by the program and by the state or local municipality;

     (2) upon admission of a minor to the program, attempt to determine why the minor is a runaway and what services may be necessary or appropriate for reuniting the minor with the minor’s family;

     (3) provide or help arrange for the provision of services necessary to promote the health and welfare of a minor in the program and, if appropriate, members of the minor’s family; services may include, but are not limited to, the provision of food, shelter, clothing, medical care, and individual, group, or family counseling;

     (4) within one state working day after admission of a minor to the program inform the department of a minor in the program
          (A) who claims to be the victim of child abuse or neglect, as defined in AS 47.17.290;

          (B) whom an employee of the program has cause to believe has been a victim of child abuse or neglect; or

          (C) whom an employee of the program has reason to believe is evading the supervision of the department, the person to whom the department has entrusted supervision, or the minor’s legal guardian;

     (5) be operated with the goal of reuniting runaway minors with their families, except in cases in which reunification is clearly contrary to the best interest of the minor; and

     (6) maintain adequate staffing and accommodations to ensure physical security and to provide crisis services to minors residing in a facility operated by the program; a program that, as determined by the department, regularly receives state money in an amount that exceeds one-fourth of the program’s costs shall maintain semi-secure portions of its facilities in a proportion that meets regulations established by the department; residents under 18 years of age shall be segregated from residents who are 18 years of age or older.

 (d) A program for runaway minors may provide services for the protection of the health and welfare of a person under 21 years of age who is in need of the services and who is without a place of shelter in which supervision and care of the person are available.

 (e) A program for runaway minors that operates a licensed residential shelter in the state shall provide a shelter with a capacity designated in the license issued under AS 47.10.300 — 47.10.390.




Sec. 47.10.320. Residence in runaway minor program facilities.
A runaway minor may maintain residency for a period not exceeding 45 days at a facility operated as part of a licensed program for runaway minors. The minor may maintain residency without the consent of the person or agency having custody of the minor, except that if the court has ordered the minor committed to the custody of the department, written consent of the department is required. The residency may be extended for an additional period of 45 days with the written consent of the person or agency having custody of the minor. A minor may not maintain residency beyond the 90th day following admission to a licensed program for runaway minors without the written consent of the person or agency having custody of the minor and the written consent of the department.


Sec. 47.10.330. Notice to minor’s legal custodian.
 (a) [Repealed, § 24 ch 33 SLA 1994.]
 (b) The director of a program for runaway minors shall promptly notify a minor’s legal custodian if the minor is released from the program into the custody of a person other than the legal custodian or a person representing the legal custodian.




Sec. 47.10.340. Confidentiality of records.
Records of a licensed program for runaway minors that identify a minor who has been admitted to or has sought assistance from the program are confidential and are not subject to inspection or copying under AS 40.25.110 — 40.25.120, unless
     (1) after being informed of the minor’s right to privacy, the minor consents in writing to the disclosure of the records;

     (2) the records are relevant to an investigation or proceeding involving child abuse or neglect or a child in need of aid petition; or

     (3) disclosure of the records is necessary to protect the life or health of the minor.




Sec. 47.10.350. Immunity from liability.
 (a) The officers, directors, and employees of a licensed program for runaway minors are not liable for civil damages as a result of an act or omission in admitting a minor to the program.

 (b) This section does not preclude liability for civil damages as a result of recklessness or intentional misconduct.

 (c) The officers, directors, and employees of a licensed program for runaway minors are not criminally liable under AS 11.51.130(a)(4) for assisting a minor in the program.




Sec. 47.10.360. Municipal powers.
Authority to establish and operate a licensed program for runaway minors is granted to municipalities that do not otherwise have that authority.


Sec. 47.10.390. Definitions.
In AS 47.10.300 — 47.10.390,
     (1) “licensed program for runaway minors” means a residential or nonresidential program licensed by the department under AS 47.10.310;

     (2) “runaway minor” means a person under 18 years of age who
          (A) is habitually absent from home; or

          (B) refuses to accept available care;

     (3) “semi-secure” has the meaning given in AS 47.10.141(j).




Article 3. Shelters for Runaway Minors.


Sec. 47.10.392. Certificate required.
A private residence may not be held out publicly as a shelter for runaway minors unless the residence
     (1) is designated a shelter for runaways by a corporation that is licensed to make the designation under AS 47.32; and

     (2) has a valid permit from the department signifying that designation.




Sec. 47.10.394. Operation of shelters.
 (a) A shelter for runaways may not shelter a runaway minor for more than seven days unless the department determines that
     (1) the minor is the subject of exceptional circumstances; or

     (2) another appropriate setting is not available for the minor.

 (b) The provider of a shelter for runaways shall promptly, but within one state working day, inform the department of a runaway minor in the shelter
     (1) who claims to be the victim of child abuse or neglect;

     (2) whom the provider has reasonable cause to suspect has been a victim of child abuse or neglect; or

     (3) whom the provider has reason to believe is evading the supervision of the department, the person to whom the department has entrusted supervision, or the minor’s legal guardian.

 (c) In this section, “child abuse or neglect” has the meaning given in AS 47.17.290.




Sec. 47.10.396. Confidentiality of records.
If the department requires record keeping by a shelter for runaways or by a corporation that is licensed to designate shelters for runaways, records of the shelter and the corporation that identify a runaway minor who has been sheltered in a shelter for runaways or has sought assistance from a shelter for runaways are confidential and are not subject to inspection or copying under AS 40.25.110 — 40.25.120 unless
     (1) after being informed of the minor’s right to privacy, the minor consents in writing to the disclosure of the records;

     (2) the records are relevant to an investigation or proceeding involving child abuse or neglect or a child in need of aid petition; or

     (3) disclosure of the records is necessary to protect the life or health of the minor.




Sec. 47.10.398. Immunity from liability.
 (a) A person in a shelter for runaways, or in a home for which an application to be designated a shelter for runaways is being considered by a corporation licensed for that purpose by the department, that is operated in a manner that is consistent with AS 47.10.392 — 47.10.399 and regulations adopted under those sections is not criminally liable under AS 11.51.130(a)(4).

 (b) Except as provided in (c) of this section, the provider of a shelter for runaways, or of a home for which an application to be designated a shelter for runaways is being considered by a corporation approved for that purpose by the department, that is operated in a manner that is consistent with AS 47.10.392 — 47.10.399 and regulations adopted under those sections and the members of the provider’s household, other than a runaway minor, are not liable for civil damages as a result of an act or omission
     (1) in admitting or refusing to admit a runaway minor to the shelter or home; or

     (2) by a runaway minor who is sheltered in the shelter or home.

 (c) The provisions of (b) of this section do not preclude liability for civil damages as a result of recklessness or intentional misconduct.




Sec. 47.10.399. Definitions.
In AS 47.10.392 — 47.10.399,
     (1) “runaway minor” has the meaning given in AS 47.10.390;

     (2) “shelter for runaways” or “shelter for runaway minors” means a private residence whose legal occupant agrees to shelter, with or without compensation, a runaway minor accepted into the residence by the legal occupant and that
          (A) is not simultaneously licensed under AS 47.10.310 as a program for runaway minors;

          (B) has been designated a shelter for runaways by a corporation licensed for that purpose under AS 47.32; and

          (C) has a permit issued by the department under AS 47.32.




Secs. 47.10.400 — 47.10.490. Citizens’ review panel for permanency planning. [Repealed, § 55 ch 59 SLA 1996. For current law, see AS 47.14.200 — 47.14.299.]

Article 4. General Provisions.


Sec. 47.10.960. Civil liability.
 (a) Failure to comply with a provision of this title does not constitute a basis for civil liability for damages.

 (b) Nothing in this section shall be construed to prohibit a civil action for common law negligence or an action under AS 09.55.580 on behalf of a child who is injured or dies while in the custody of the state.




Sec. 47.10.970. Appropriations.
Funds to carry out this chapter shall be provided for in the general appropriation Act of the legislature.


Sec. 47.10.980. Grants-in-aid.
The department may accept grants-in-aid from the federal government or private foundations and may accept other gifts consistent with the purposes of this chapter.


Sec. 47.10.990. Definitions.
In this chapter, unless the context otherwise requires,
     (1) “adult family member” means a person who is 18 years of age or older and who is
          (A) related to the child as the child’s grandparent, aunt, uncle, or sibling;

          (B) the child’s sibling’s legal guardian or parent; or

          (C) in the case of an Indian child, an extended family member as defined in 25 U.S.C. 1903;

     (2) “care” means to provide for the physical, mental, and social needs of the child;

     (3) “child” means a person who is
          (A) under 18 years of age;

          (B) 19 years of age if that person was under 18 years of age at the time that a proceeding under this chapter was commenced; and

          (C) under 21 years of age if that person is committed to the custody of the department under AS 47.10.080(c)(1) or (v);

     (4) “child in need of aid” means a child found to be within the jurisdiction of the court under AS 47.10.010 and 47.10.011;

     (5) “commissioner” means the commissioner of health and social services;

     (6) “court” means the superior court of the state;

     (7) “custodian” means a natural person 18 years of age or older to whom a parent or guardian has transferred temporary physical care, custody, and control of the child for a period of time;

     (8) “department” means the Department of Health and Social Services;

     (9) “domestic violence” has the meaning given in AS 18.66.990;

     (10) “family member” means a person of any age who is
          (A) related to the child as the child’s grandparent, aunt, uncle, or sibling;

          (B) the child’s sibling’s legal guardian or parent; or

          (C) in the case of an Indian child, an extended family member as defined in 25 U.S.C. 1903;

     (11) “family support services” means the services and activities provided to children and their families, including those provided by the community, a church, or other service organization, both to prevent removal of a child from the parental home and to facilitate the child’s safe return to the family; “family support services” may include counseling, substance abuse treatment, mental health services, assistance to address domestic violence, visitation with family members, parenting classes, in-home services, temporary child care services, and transportation;

     (12) “foster care” means care provided by a person or household under a foster home license required under AS 47.32;

     (13) “gravely disabled” has the meaning given in AS 47.30.915;

     (14) “guardian” means a natural person who is legally appointed guardian of the child by the court;

     (15) “hazardous volatile material or substance” has the meaning given in AS 47.37.270;

     (16) “Indian child” has the meaning given in 25 U.S.C. 1903;

     (17) “Indian child’s tribe” has the meaning given in 25 U.S.C. 1903;

     (18) “infant” means a child who is less than 21 days of age;

     (19) “intoxicant” means a substance that temporarily diminishes a person’s control over mental or physical powers, including alcohol, controlled substances under AS 11.71, and a hazardous volatile material or substance misused by inhaling its vapors;

     (20) “juvenile detention home” is a separate establishment, exclusively devoted to the detention of minors on a short-term basis and not a part of an adult jail;

     (21) “mental health professional” has the meaning given in AS 47.30.915, except that, if the child is placed in another state by the department, “mental health professional” also includes a professional listed in the definition of “mental health professional” in AS 47.30.915 who is not licensed to practice by a board of this state but is licensed by a corresponding licensing authority to practice in the state in which the child is placed;

     (22) “mental illness” has the meaning given in AS 47.30.915;

     (23) “mental injury” has the meaning given in AS 47.17.290;

     (24) “near fatality” means physical injury or other harm, as certified by a physician, caused by an act or omission that created a substantial risk of death;

     (25) “out-of-home care provider” means a foster parent or relative other than a parent with whom the child is placed;

     (26) “parent” means the biological or adoptive parent of the child;

     (27) “permanency hearing” means a hearing
          (A) designed to reach a decision in a case concerning the permanent placement of a child under AS 47.10; and

          (B) at which the direction of the case involving the child is determined;

     (28) “physical injury” has the meaning given in AS 11.81.900(b);

     (29) “reasonable efforts” means, with respect to family support services required under AS 47.10.086, consistent attempts made during a reasonable time period and time-limited services;

     (30) “reasonable time” means a period of time that serves the best interests of the child, taking in account the affected child’s age, emotional and developmental needs, and ability to form and maintain lasting attachments;

     (31) “secure residential psychiatric treatment center” has the meaning given “residential psychiatric treatment center” in AS 47.32.900;

     (32) “serious physical injury” has the meaning given in AS 11.81.900(b);

     (33) “sexual abuse” means the conduct described in AS 11.41.410 — 11.41.460; conduct constituting “sexual exploitation” as defined in AS 47.17.290, and conduct prohibited by AS 11.66.100 — 11.66.150;

     (34) “support” has the meaning given in AS 11.51.120(b).




Article 1. Juvenile Delinquency.


Chapter 12. Delinquent Minors.

Sec. 47.12.010. Goal and purposes of chapter.
 (a) The goal of this chapter is to promote a balanced juvenile justice system in the state to protect the community, impose accountability for violations of law, and equip juvenile offenders with the skills needed to live responsibly and productively.

 (b) The purposes of this chapter are to
     (1) respond to a juvenile offender’s needs in a manner that is consistent with
          (A) prevention of repeated criminal behavior;

          (B) restoration of the community and victim;

          (C) protection of the public; and

          (D) development of the juvenile into a productive citizen;

     (2) protect citizens from juvenile crime;

     (3) hold each juvenile offender directly accountable for the offender’s conduct;

     (4) provide swift and consistent consequences for crimes committed by juveniles;

     (5) make the juvenile justice system more open, accessible, and accountable to the public;

     (6) require parental or guardian participation in the juvenile justice process;

     (7) create an expectation that parents will be held responsible for the conduct and needs of their children;

     (8) ensure that victims, witnesses, parents, foster parents, guardians, juvenile offenders, and all other interested parties are treated with dignity, respect, courtesy, and sensitivity throughout all legal proceedings;

     (9) provide due process through which juvenile offenders, victims, parents, and guardians are assured fair legal proceedings during which constitutional and other legal rights are recognized and enforced;

     (10) divert juveniles from the formal juvenile justice process through early intervention as warranted when consistent with the protection of the public;

     (11) provide an early, individualized assessment and action plan for each juvenile offender in order to prevent further criminal behavior through the development of appropriate skills in the juvenile offender so that the juvenile is more capable of living productively and responsibly in the community;

     (12) ensure that victims and witnesses of crimes committed by juveniles are afforded the same rights as victims and witnesses of crimes committed by adults;

     (13) encourage and provide opportunities for local communities and groups to play an active role in the juvenile justice process in ways that are culturally relevant; and

     (14) review and evaluate regularly and independently the effectiveness of programs and services under this chapter.




Sec. 47.12.020. Jurisdiction.
 (a) Proceedings relating to a minor under 18 years of age residing or found in the state are governed by this chapter, except as otherwise provided in this chapter, when the minor is alleged to be or may be determined by a court to be a delinquent minor as a result of violating a criminal law of the state or a municipality of the state.

 (b) Except as otherwise provided in this chapter, proceedings relating to a person who is 18 years of age or over are governed by this chapter if the person is alleged to have committed a violation of the criminal law of the state or a municipality of the state, the violation occurred when the person was under 18 years of age, and the period of limitation under AS 12.10 has not expired.




Sec. 47.12.022. Applicability; inclusion of certain persons as minors.
Except as provided in AS 47.12.025, the provisions of this chapter apply to a person who is 18 years of age or older and who is subject to the jurisdiction of this chapter due solely to AS 47.12.020(b). To implement AS 47.12.020(b) and this section, the term “minor” as used in this chapter includes a person described in this section.


Sec. 47.12.025. Special provisions for certain persons considered to be minors.
 (a) Notwithstanding any other provision of law, the following special provisions apply to a person who is subject to the jurisdiction of this chapter due solely to AS 47.12.020(b):
     (1) a petition filed under AS 47.12.040(b) must be styled as follows: “In the matter of ........ , a person under the jurisdiction of this chapter under AS 47.12.020(b)”; the petition may not state the name of a parent, guardian, or other person;

     (2) notice of an investigation, adjustment, hearing, or other procedure under this chapter to a parent, guardian, or foster parent is not required;

     (3) participation by a parent, guardian, or foster parent in any part of the investigation, adjustment, hearing, or other procedure under this chapter is not required;

     (4) agreement or consent by a parent or guardian to the terms and conditions of an informal adjustment under AS 47.12.060 is not required;

     (5) an opportunity for a foster parent to be heard before informal adjustment under AS 47.12.060 is not required;

     (6) the presence of a parent or guardian is not required, and the person does not have a right to have a parent or guardian present, at an interview conducted during an investigation under this chapter;

     (7) after a petition is filed and after further investigation that the court directs, if the person has not appeared voluntarily for proceedings under this chapter, the court may issue a summons or an arrest warrant for the person;

     (8) a person who is taken into custody under this chapter may, in the discretion of the court and upon written promise to appear in court at the time specified by the court, be released; if not released, the person shall be detained under the provisions of (b) of this section;

     (9) consent of a parent or guardian to waiver of the right to appointed counsel or a guardian ad litem under AS 47.12.090 is not required;

     (10) the appointment of a guardian ad litem under AS 47.12.090 is not required; the court may appoint a guardian ad litem under AS 47.12.090 only if special circumstances exist concerning the mental or physical capacity of the person who is named in the petition under (1) of this subsection;

     (11) an order under AS 47.12.120(b) to release the person to a parent, guardian, or other person must be with the consent of the parent, guardian, or other person; a parent, guardian, or other person who consents does not assume any of the responsibilities described in AS 47.12.150 or retain any residual rights or responsibilities described in AS 47.12.150;

     (12) a person released under AS 47.12.120(c) shall be released without conditions;

     (13) a parent, guardian, or custodian may not apply for a review under AS 47.12.120(d); notice to a parent, guardian, custodian, or foster parent of a review under AS 47.12.120(a) is not required; a parent, guardian, custodian, or foster parent does not have a right to be heard at the review under AS 47.12.120(d);

     (14) the person’s parent or guardian may not file an appeal under AS 47.12.120(f);

     (15) notice of the predisposition report under AS 47.12.130(b) to the person’s parent or guardian is not required;

     (16) unless part of a conditional release plan agreed to by a parent or guardian, a parent or guardian of the person may not be ordered to participate in or pay for treatment under AS 47.12.155(b)(1), (c), or (d) or to notify the department if the person violates a term or condition of a court order under AS 47.12.155(b)(2);

     (17) an application to extend jurisdiction under AS 47.12.160(a) may not be made by a parent or guardian;

     (18) the court may not order the parent of the person to pay for maintenance or care of the person under AS 47.12.230;

     (19) the name of a parent or guardian of the person is not required to be disclosed in connection with the filing of a petition or informal adjustment under AS 47.12.315.

 (b) At a hearing under AS 47.12.250(c) regarding a person who is subject to the jurisdiction of this chapter due solely to AS 47.12.020(b), if the court finds that probable cause exists, the court shall determine whether the person should be detained pending the hearing on the petition or released. The court may either order the person detained as provided in (c) of this section or released under the provisions of AS 12.30 as if the provisions of AS 12.30 were to apply to proceedings under this chapter. If the court finds no probable cause, the court shall order the person released and close the proceeding.

 (c) If a person who is subject to the jurisdiction of this chapter due solely to AS 47.12.020(b) has been arrested by a peace officer or a probation officer under AS 47.12.245, detained under AS 47.12.250, or committed to the custody or supervision of the department under AS 47.12.120(b) or 47.12.240, the department, after consulting the peace officer or probation officer if appropriate, shall make arrangements for the detention, placement, or supervision of the person. In the discretion of the department, the person may be detained or placed in a juvenile facility or in an adult correctional facility.




Sec. 47.12.030. Provisions inapplicable.
 (a) When a minor who was at least 16 years of age at the time of the offense is charged by complaint, information, or indictment with an offense specified in this subsection, this chapter and the Alaska Delinquency Rules do not apply to the offense for which the minor is charged or to any additional offenses joinable to it under the applicable rules of court governing criminal procedure. The minor shall be charged, held, released on bail, prosecuted, sentenced, and incarcerated in the same manner as an adult. If the minor is convicted of an offense other than an offense specified in this subsection, the minor may attempt to prove, by a preponderance of the evidence, that the minor is amenable to treatment under this chapter. If the court finds that the minor is amenable to treatment under this chapter, the minor shall be treated as though the charges had been heard under this chapter, and the court shall order disposition of the charges of which the minor is convicted under AS 47.12.120(b). The provisions of this subsection apply when the minor is charged by complaint, information, or indictment with an offense
     (1) that is an unclassified felony or a class A felony and the felony is a crime against a person;

     (2) of arson in the first degree;

     (3) that is a class B felony and the felony is a crime against a person in which the minor is alleged to have used a deadly weapon in the commission of the offense and the minor was previously adjudicated as a delinquent or convicted as an adult, in this or another jurisdiction, as a result of an offense that involved use of a deadly weapon in the commission of a crime against a person or an offense in another jurisdiction having elements substantially identical to those of a crime against a person, and the previous offense was punishable as a felony; in this paragraph, “deadly weapon” has the meaning given in AS 11.81.900(b); or

     (4) that is misconduct involving weapons in the first degree under
          (A) AS 11.61.190(a)(1); or

          (B) AS 11.61.190(a)(2) when the firearm was discharged under circumstances manifesting substantial and unjustifiable risk of physical injury to a person.

 (b) When a minor is accused of violating a statute specified in this subsection, other than a statute the violation of which is a felony, this chapter and the Alaska Delinquency Rules do not apply and the minor accused of the offense shall be charged, prosecuted, and sentenced in the district court in the same manner as an adult; if a minor is charged, prosecuted, and sentenced for an offense under this subsection, the minor’s parent, guardian, or legal custodian shall be present at all proceedings; the provisions of this subsection apply when a minor is accused of violating
     (1) a traffic statute or regulation, or a traffic ordinance or regulation of a municipality;

     (2) AS 11.76.105, relating to the possession of tobacco by a person under 19 years of age;

     (3) a fish and game statute or regulation under AS 16;

     (4) a parks and recreational facilities statute or regulation under AS 41.21;

     (5) [Repealed, § 22 ch 32 SLA 2016.]
     (6) a municipal curfew ordinance, whether adopted under AS 29.35.085 or otherwise, unless the municipality provides for enforcement of its ordinance under AS 29.25.070(b) by the municipality; in place of any fine imposed for the violation of a municipal curfew ordinance, the court shall allow a defendant the option of performing community work; the value of the community work, which may not be lower than the amount of the fine, shall be determined under AS 12.55.055(c); in this paragraph, “community work” includes the work described in AS 12.55.055(b) or work that, on the recommendation of the municipal or borough assembly, city council, or traditional village council of the defendant’s place of residence, would benefit persons within the municipality or village who are elderly or disabled.

 (c) The provisions of AS 47.12.010 — 47.12.260 and the Alaska Delinquency Rules do not apply to driver’s license proceedings under AS 28.15.185; the court shall impose a driver’s license revocation under AS 28.15.185 in the same manner as adult driver’s license revocations, except that a parent or legal guardian shall be present at all proceedings.




Sec. 47.12.040. Investigation and petition.
 (a) Whenever circumstances subject a minor to the jurisdiction of this chapter, the court shall
     (1) require in conformance with this section, that, for a minor who is alleged to be a delinquent minor under AS 47.12.020, the department or an entity selected by it shall make a preliminary inquiry to determine if any action is appropriate and may take appropriate action to adjust the matter without a court hearing; the department or an entity selected by it may arrange to interview the minor, the minor’s parents or guardian, and any other person having relevant information; at or before the interview, the minor and the minor’s parents or guardian, if present, must be advised that any statement may be used against the minor and of the following rights of the minor: to have a parent or guardian present at the interview; to remain silent; to have retained or appointed counsel at all stages of the proceedings, including the initial interview; if a petition is filed, to have an adjudication hearing before a judge or jury with compulsory process to compel the attendance of witnesses; and the opportunity to confront and cross-examine witnesses; if, under this paragraph,
          (A) the department or an entity selected by it makes a preliminary inquiry and takes appropriate action to adjust the matter without a court hearing, the minor may not be detained or taken into custody as a condition of the adjustment and, subject to AS 47.12.060, the matter shall be closed by the department or an entity selected by it if the minor successfully completes all that is required of the minor by the department or an entity selected by it in the adjustment; in a municipality or municipalities in which a youth court has been established under AS 47.12.400, adjustment of the matter under this paragraph may include referral to the youth court; if a community dispute resolution center has been established under AS 47.12.450(a) and has obtained recognition under AS 47.12.450(b), adjustment of the matter under this paragraph may include use of the services of the community dispute resolution center;

          (B) the department or an entity selected by it concludes that the matter may not be adjusted without a court hearing, the department may file a petition under (2) of this subsection setting out the facts; or

     (2) appoint a competent person or agency to make a preliminary inquiry and report for the information of the court to determine whether the interests of the public or of the minor require that further action be taken; if, under this paragraph, the court appoints a person or agency to make a preliminary inquiry and to report to it, then upon the receipt of the report, the court may informally adjust the matter without a hearing, or it may authorize the person having knowledge of the facts of the case to file with the court a petition setting out the facts; if the court informally adjusts the matter, the minor may not be detained or taken into the custody of the court as a condition of the adjustment, and the matter shall be closed by the court upon adjustment.

 (b) The petition and all subsequent pleadings shall be styled as follows: “In the matter of ........................, a minor under 18 years of age.” The petition may be executed upon the petitioner’s information and belief, and must be verified. It must include the following information:
     (1) the name, address, and occupation of the petitioner, together with the petitioner’s relationship to the minor, and the petitioner’s interest in the matter;

     (2) the name, age, and address of the minor;

     (3) a brief statement of the facts that bring the minor within this chapter;

     (4) the names and addresses of the minor’s parents;

     (5) the name and address of the minor’s guardian, or of the person having control or custody of the minor.

 (c) If the petitioner does not know a fact required in this section, the petitioner shall so state in the petition.




Sec. 47.12.050. Notice to and involvement of parent or guardian.
 (a) Except as may be otherwise specifically provided, in all cases under this chapter, the minor, each parent of the minor, the foster parent of the minor, and the guardian of the minor are entitled to notice adequate to give actual notice of the proceedings, taking into account education and language differences that are known or reasonably ascertainable by the party giving the notice. The notice must contain all names by which the minor has been identified.

 (b) Notice shall be given in the manner appropriate under the Alaska Rules of Civil Procedure for the service of process in a civil action under state law or in any manner the court by order directs. Proof of giving of the notice shall be filed with the court before the petition is heard or other proceeding commenced.

 (c) The court may subpoena the parent or guardian of the minor, or any other person whose testimony may be necessary at the hearing. A subpoena or other process may be served by a person authorized by law to make the service. If personal service cannot be made, the court may direct that service of process be in the manner appropriate under the Alaska Rules of Civil Procedure for the service of process in a civil action under state law or in any manner the court directs.

 (d) In any proceeding under this chapter, the presence of the minor’s parent or guardian is preferred.




Sec. 47.12.060. Informal action to adjust matter.
 (a) The provisions of this section apply to a minor who is alleged to be a delinquent minor under AS 47.12.020 and for whom the department or an entity selected by it has made a preliminary inquiry as required by AS 47.12.040(a)(1). Following the preliminary inquiry,
     (1) the department or the entity selected by it may dismiss the matter with or without prejudice; or

     (2) the department or the entity selected by it may take informal action to adjust the matter.

 (b) When the department or the entity selected by it decides to make an informal adjustment of a matter under (a)(2) of this section, that informal adjustment
     (1) must be made with the agreement or consent of the minor and the minor’s parents or guardian to the terms and conditions of the adjustment;

     (2) must give the minor’s foster parent an opportunity to be heard before the informal adjustment is made;

     (3) must include notice that informal action to adjust a matter is not successfully completed unless, among other factors that the department or the entity selected by it considers, as to the victim of the act of the minor that is the basis of the delinquency allegation, the minor pays restitution in the amount set by the department or the entity selected by it or agrees as a term or condition set by the department or the entity selected by it to pay the restitution;

     (4) [Repealed, § 22 ch 32 SLA 2016.]
     (5) of an offense described in AS 28.15.185(a)(1) must include an agreement that the minor’s driver’s license or permit, privilege to drive, or privilege to obtain a license be revoked as provided in AS 28.15.185(b); the department or an entity selected by the department shall notify the agency responsible for issuing driver’s licenses of an informal adjustment under this paragraph.




Sec. 47.12.065. Dual sentencing provisions.
 (a) The department or the entity selected by it may refer to the appropriate district attorney the circumstances involving a minor who is subject to the provisions of this section because the minor is alleged to have violated a criminal law of the state. Except as provided in (d) of this section, the department or the entity selected by it may make the referral if the minor was 16 years of age or older at the time of the offense, and the offense is
     (1) a felony that is a crime against a person and the minor has previously been adjudicated a delinquent under the laws of this state or substantially similar laws of another jurisdiction for a felony offense that is a crime against a person; or

     (2) sexual abuse of a minor in the second degree.

 (b) If a referral is made under (a) of this section, the district attorney may elect to seek imposition of a dual sentence in the case to further the goal and purposes of this chapter as set out in AS 47.12.010. If the district attorney seeks imposition of a dual sentence, the district attorney shall present the case to the grand jury for indictment. If the grand jury returns an indictment, the district attorney shall file with the court under AS 47.12.040(a) a petition seeking the minor’s adjudication as a delinquent.

 (c) If the district attorney decides not to seek imposition of a dual sentence under (b) of this section or if the grand jury does not return an indictment, the case shall proceed under the remaining provisions of this chapter.

 (d) The department or the entity selected by it may refer to the appropriate district attorney a person who is subject to the jurisdiction of this chapter under AS 47.12.020(b) and who is alleged to have committed a felony or other offense. If the district attorney elects to seek imposition of a dual sentence in the matter, the district attorney shall file notice of that election. If the alleged crime is a misdemeanor, the district attorney shall file a delinquency petition. If the alleged crime is a felony, the district attorney shall follow the procedure set out in (b) of this section.




Sec. 47.12.070. Summons and custody of minor.
After a petition is filed and after further investigation that the court directs, if the minor has not appeared voluntarily, the court shall issue a summons that
     (1) recites briefly the substance of the petition;

     (2) directs the person having custody or control of the minor to appear personally in court with the minor at the place and at the time set forth in the summons.




Sec. 47.12.080. Release of minor.
A minor who is taken into custody may, in the discretion of the court and upon the written promise of the parent, guardian, or custodian to bring the minor before the court at a time specified by the court, be released to the care and custody of the parent, guardian, or custodian. The minor, if not released, shall be detained as provided by AS 47.12.240. The court may determine whether the father or mother or another person shall have the custody and control of the minor for the duration of the proceedings. If the minor is of sufficient age and intelligence to state desires, the court shall give consideration to the minor’s desires.


Sec. 47.12.090. Appointment of attorney or guardian ad litem.
 (a) In all proceedings initiated under a petition for delinquency, a minor shall have the right to be represented by counsel and, if indigent, have counsel appointed by the court. The court shall appoint counsel in such cases unless it makes a finding on the record that the minor has made a voluntary, knowing, and intelligent waiver of the right to counsel and a parent or guardian with whom the minor resides or resided before the filing of the petition concurs with the waiver. In cases in which it has been alleged that the minor has committed an act that would be a felony if committed by an adult, waiver of counsel may not be accepted unless the court is satisfied that the minor has consulted with an attorney before the waiver of counsel.

 (b) Whenever in the course of proceedings instituted under this chapter it appears to the court that the welfare of a minor will be promoted by the appointment of an attorney to represent the minor or an attorney or other person to serve as guardian ad litem, the court may make the appointment. Appointment of a guardian ad litem or attorney shall be made under the terms of AS 25.24.310.




Sec. 47.12.100. Waiver of jurisdiction.
 (a) If the court finds at a hearing on a petition that there is probable cause for believing that a minor is delinquent and finds that the minor is not amenable to treatment under this chapter, it shall order the case closed. After a case is closed under this subsection, the minor may be prosecuted as an adult.

 (b) A minor is unamenable to treatment under this chapter if the minor probably cannot be rehabilitated by treatment under this chapter before reaching 20 years of age. In determining whether a minor is unamenable to treatment, the court may consider the seriousness of the offense the minor is alleged to have committed, the minor’s history of delinquency, the probable cause of the minor’s delinquent behavior, and the facilities available to the department for treating the minor.

 (c) For purposes of making a determination under this section,
     (1) the standard of proof is by a preponderance of the evidence; and

     (2) the burden of proof that a minor is not amenable to treatment under this chapter is on the state; however, if the petition filed under AS 47.12.040 seeking to have the court declare a minor a delinquent is based on the minor’s alleged commission of an offense that is an unclassified felony or class A felony and that is a crime against a person, the minor
          (A) is rebuttably presumed not to be amenable to treatment under this chapter; and

          (B) has the burden of proof of showing that the minor is amenable to treatment under this chapter.




Sec. 47.12.110. Hearings.
 (a) The court shall conduct a hearing on the petition. The court shall give notice of the hearing to the department, and the department shall send a representative to the hearing. The representative of the department may also be heard at the hearing. The department shall give notice of the hearing and a copy of the petition to the minor’s foster parent, and the court shall give the foster parent an opportunity to be heard at the hearing. The public shall be excluded from the hearing, but the court, in its discretion, may permit individuals to attend a hearing if their attendance is compatible with the best interests of the minor. Nothing in this section may be applied in such a way as to deny a minor’s rights to confront adverse witnesses, to a public trial, and to a trial by jury.

 (b) Notwithstanding (a) of this section or an order prohibiting or limiting the public made under (e) of this section, the victim of an offense that a minor is alleged to have committed, or the designee of the victim, has a right to be present at all hearings or proceedings held under this section at which the minor has a right to be present. If the minor is found to have committed the offense, the victim may at the disposition hearing give sworn testimony or make an unsworn oral presentation concerning the offense and its effect on the victim. If there are numerous victims of a minor’s offense, the court may limit the number of victims who may give sworn testimony or make an unsworn oral presentation, but the court may not limit the right of a victim to attend a hearing even if the victim is likely to be a witness in a hearing concerning the minor’s alleged offense.

 (c) [Repealed, § 54 ch 107 SLA 1998.]
 (d) Notwithstanding (a) of this section, a court hearing on a petition seeking the adjudication of a minor as a delinquent shall be open to the public, except as prohibited or limited by order of the court, if
     (1) the department files with the court a motion asking the court to open the hearing to the public, and the petition seeking adjudication of the minor as a delinquent is based on
          (A) the minor’s alleged commission of an offense, and the minor has knowingly failed to comply with all the terms and conditions required of the minor by the department or imposed on the minor in a court order entered under AS 47.12.040(a)(2) or 47.12.120;

          (B) the minor’s alleged commission of
               (i) a crime against a person that is punishable as a felony;

               (ii) a crime in which the minor employed a deadly weapon, as that term is defined in AS 11.81.900(b), in committing the crime;

               (iii) arson under AS 11.46.400 — 11.46.410;

               (iv) burglary under AS 11.46.300;

               (v) distribution of child pornography under AS 11.61.125;

               (vi) sex trafficking in the first degree under AS 11.66.110; or

               (vii) misconduct involving a controlled substance under AS 11.71 involving the delivery of a controlled substance or the possession of a controlled substance with intent to deliver, other than an offense under AS 11.71.040 or 11.71.050; or

          (C) the minor’s alleged commission of a felony and the minor was 16 years of age or older at the time of commission of the offense when the minor has previously been convicted or adjudicated a delinquent minor based on the minor’s commission of an offense that is a felony; or

     (2) the minor agrees to a public hearing on the petition seeking adjudication of the minor as a delinquent.

 (e) Notwithstanding (a) of this section, a court proceeding shall be open to the public, except as prohibited or limited by order of the court, when the district attorney has elected to seek imposition of a dual sentence and a petition has been filed under AS 47.12.065, or when a minor agrees as part of a plea agreement to be subject to dual sentencing.

 (f) During jury selection or as part of an opening statement at the hearing, the attorney representing the department may introduce the victim to the jury, and the attorney for the minor may introduce the minor to the jury.




Sec. 47.12.120. Judgments and orders.
 (a) The court, at the conclusion of the hearing, or thereafter as the circumstances of the case may require, shall find and enter a judgment that the minor is or is not delinquent.

 (b) If the minor is not subject to (j) of this section and the court finds that the minor is delinquent, it shall
     (1) order the minor committed to the department for a period of time not to exceed two years or in any event extend past the day the minor becomes 19 years of age, except that the department may petition for and the court may grant in a hearing (A) two-year extensions of commitment that do not extend beyond the minor’s 19th birthday if the extension is in the best interests of the minor and the public; and (B) an additional one-year period of supervision past age 19 if continued supervision is in the best interests of the person and the person consents to it; the department shall place the minor in the juvenile facility that the department considers appropriate and that may include a juvenile correctional school, juvenile work camp, treatment facility, detention home, or detention facility; the minor may be released from placement or detention and placed on probation on order of the court and may also be released by the department, in its discretion, under AS 47.12.260;

     (2) order the minor placed on probation, to be supervised by the department, and released to the minor’s parents, guardian, or a suitable person; if the court orders the minor placed on probation, it may specify the terms and conditions of probation; the probation may be for a period of time not to exceed two years and in no event to extend past the day the minor becomes 19 years of age, except that the department may petition for and the court may grant in a hearing
          (A) two-year extensions of supervision that do not extend beyond the minor’s 19th birthday if the extension is in the best interests of the minor and the public; and

          (B) an additional one-year period of supervision past age 19 if the continued supervision is in the best interests of the person and the person consents to it;

     (3) order the minor committed to the custody of the department and placed on probation, to be supervised by the department and released to the minor’s parents, guardian, other suitable person, or suitable nondetention setting such as with a relative or in a foster home or residential child care facility, whichever the department considers appropriate to implement the treatment plan of the predisposition report; if the court orders the minor placed on probation, it may specify the terms and conditions of probation; the department may transfer the minor, in the minor’s best interests, from one of the probationary placement settings listed in this paragraph to another, and the minor, the minor’s parents or guardian, the minor’s foster parent, and the minor’s attorney are entitled to reasonable notice of the transfer; the probation may be for a period of time not to exceed two years and in no event to extend past the day the minor becomes 19 years of age, except that the department may petition for and the court may grant in a hearing
          (A) two-year extensions of commitment that do not extend beyond the minor’s 19th birthday if the extension is in the best interests of the minor and the public; and

          (B) an additional one-year period of supervision past age 19 if the continued supervision is in the best interests of the person and the person consents to it;

     (4) order the minor and the minor’s parent to make suitable restitution in lieu of or in addition to the court’s order under (1), (2), or (3) of this subsection; under this paragraph,
          (A) except as provided in (B) of this paragraph, the court may not refuse to make an order of restitution to benefit the victim of the act of the minor that is the basis of the delinquency adjudication; under this subparagraph, the court may require the minor to use the services of a community dispute resolution center that has been recognized by the commissioner under AS 47.12.450(b) to resolve any dispute between the minor and the victim of the minor’s offense as to the amount of or manner of payment of the restitution;

          (B) the court may not order payment of restitution by the parent of a minor who is a runaway or missing minor for an act of the minor that was committed by the minor after the parent has made a report to a law enforcement agency, as authorized by AS 47.10.141(a), that the minor has run away or is missing; for purposes of this subparagraph, “runaway or missing minor” means a minor who a parent reasonably believes is absent from the minor’s residence for the purpose of evading the parent or who is otherwise missing from the minor’s usual place of abode without the consent of the parent; and

          (C) at the request of the department, the Department of Law, the victims’ advocate, or on its own motion, the court shall, at any time, order the minor and the minor’s parent, if applicable, to submit financial information on a form approved by the Alaska Court System to the court, the department, and the Department of Law for the purpose of establishing the amount of restitution or enforcing an order of restitution under AS 47.12.170; the form must include a warning that submission of incomplete or inaccurate information is punishable as unsworn falsification in the second degree under AS 11.56.210;

     (5) order the minor committed to the department for placement in an adventure-based education program established under AS 47.21.020 with conditions the court considers appropriate concerning release upon satisfactory completion of the program or commitment under (1) of this subsection if the program is not satisfactorily completed;

     (6) in addition to an order under (1) — (5) of this subsection, order the minor to perform community service; for purposes of this paragraph, “community service” includes work
          (A) on a project identified in AS 33.30.901; or

          (B) that, on the recommendation of the city council or traditional village council, would benefit persons within the city or village who are elderly or disabled; or

     (7) in addition to an order under (1) — (6) of this subsection, order the minor’s parent or guardian to comply with orders made under AS 47.12.155, including participation in treatment under AS 47.12.155(b)(1).

 (c) If the court finds that the minor is not delinquent, it shall immediately order the minor released from the department’s custody and returned to the minor’s parents, guardian, or custodian, and dismiss the case.

 (d) A minor found to be delinquent is a ward of the state while committed to the department or while the department has the power to supervise the minor’s actions. The court shall review an order made under (b) of this section annually and may review the order more frequently to determine if continued placement, probation, or supervision, as it is being provided, is in the best interest of the minor and the public. The department, the minor, and the minor’s parents, guardian, or custodian are entitled, when good cause is shown, to a review on application. If the application is granted, the court shall afford these parties and their counsel and the minor’s foster parent reasonable notice in advance of the review and hold a hearing where these parties and their counsel and the minor’s foster parent shall be afforded an opportunity to be heard. The minor shall be afforded the opportunity to be present at the review.

 (e) The department shall pay all court costs incurred in all proceedings in connection with the adjudication of delinquency under this chapter, including hearings that result in the release of the minor.

 (f) A minor, the minor’s parents or guardian acting on the minor’s behalf, or the department may appeal a judgment or order, or the stay, modification, setting aside, revocation, or enlargement of a judgment or order issued by the court under this chapter.

 (g) [Repealed, § 54 ch 107 SLA 1998.]
 (h) [Repealed, § 74 ch 35 SLA 2003.]
 (i) When, under (a) of this section, the court enters judgment finding that a minor is delinquent, the court may order the minor temporarily detained pending entry of its dispositional order if the court finds that detention is necessary
     (1) to protect the minor or the community; or

     (2) to ensure the minor’s appearance at a subsequent court hearing.

 (j) If, in a case in which a district attorney has elected to seek imposition of a dual sentence under AS 47.12.065, the court finds that the minor is delinquent for committing an offense in the circumstances set out in AS 47.12.065, or if the minor agrees as part of a plea agreement to be subject to dual sentencing, the court shall
     (1) enter one or more orders under (b) of this section; and

     (2) pronounce a sentence for the offense in accordance with the provisions of AS 12.55; however, the sentence pronounced under this paragraph must include some period of imprisonment that is not suspended by the court.

 (k) [Repealed, § 22 ch 32 SLA 2016.]




Sec. 47.12.130. Predisposition hearing reports.
 (a) Before the disposition hearing of a delinquent minor, the department shall submit a predisposition report with a recommended plan of treatment to aid the court in its selection of a disposition, a victim impact statement reporting the information set out in AS 12.55.022, and any further information that the court may request. In preparing the predisposition report, the department shall contact the victim of the minor’s offense.

 (b) The court shall inform the minor, the minor’s parents, and the attorneys representing the parties and the guardian ad litem that the predisposition report will be available to them not less than 10 days before the disposition hearing.

 (c) [Repealed, § 6 ch 23 SLA 2002.]
 (d) In this section, “parents” means the natural or adoptive parents, and any legal guardian, relative, or other adult person with whom the minor has resided and who has acted as a parent in providing for the minor for a continuous period of time before this action.




Sec. 47.12.140. Court dispositional order.
In making its dispositional order under AS 47.12.120(b)(1) — (3) and (5) and (j), the court shall
     (1) consider both the best interests of the minor and the interests of the public, and, in doing so, the court shall take into account
          (A) the seriousness of the minor’s delinquent act and the attitude of the minor and the minor’s parents toward that act;

          (B) the minor’s culpability as indicated by the circumstances of the particular case;

          (C) the age of the minor;

          (D) the minor’s prior criminal or juvenile record and the success or failure of any previous orders, dispositions, or placements imposed on the minor;

          (E) the effect of the dispositional order to be imposed in deterring the minor from committing other delinquent acts;

          (F) the need to commit the minor to the department’s custody or to detain the minor in an institution or other suitable place in order to prevent further harm to the public;

          (G) the interest of the public in securing the minor’s rehabilitation; and

          (H) the ability of the state to take custody of and to care for the minor; and

     (2) order the least restrictive alternative disposition for the minor; for purposes of this paragraph, the “least restrictive alternative disposition” means that disposition that is no more restrictive than is, in the judgment of the court, most conducive to the minor’s rehabilitation taking into consideration the interests of the public.




Sec. 47.12.150. Legal custody, guardianship, and residual parental rights and responsibilities.
 (a) When a minor is committed under AS 47.12.120(b)(1) or (3) to the department or released under AS 47.12.120(b)(2) to the minor’s parents, guardian, or other suitable person, a relationship of legal custody exists. This relationship imposes on the department and its authorized agents or the parents, guardian, or other suitable person the responsibility of physical care and control of the minor, the determination of where and with whom the minor shall live, the right and duty to protect, train, and discipline the minor, and the duty of providing the minor with food, shelter, education, and medical care. These obligations are subject to any residual parental rights and responsibilities and rights and responsibilities of a guardian if one has been appointed. When a minor is committed to the department and the department places the minor with the minor’s parent, the parent has the responsibility to provide and pay for food, shelter, education, and medical care for the minor. When parental rights have been terminated, or there are no living parents and a guardian has not been appointed, the responsibilities of legal custody include those in (b) and (c) of this section. The department or person having legal custody of the minor may delegate any of the responsibilities under this section, except authority to consent to marriage, adoption, and military enlistment may not be delegated. For purposes of this chapter, a person in charge of a placement setting is an agent of the department.

 (b) When a guardian is appointed for the minor, the court shall specify in its order the rights and responsibilities of the guardian. The guardian may be removed only by court order. The rights and responsibilities may include, but are not limited to, having the right and responsibility of reasonable visitation, consenting to marriage, consenting to military enlistment, consenting to major medical treatment, obtaining representation for the minor in legal actions, and making decisions of legal or financial significance concerning the minor.

 (c) When there has been transfer of legal custody or appointment of a guardian and parental rights have not been terminated by court decree, the parents shall have residual rights and responsibilities. These residual rights and responsibilities of the parent include the right and responsibility of reasonable visitation, consent to adoption, consent to marriage, consent to military enlistment, consent to major medical treatment except in cases of emergency or cases falling under AS 25.20.025, and the responsibility for support, except if by court order any residual right and responsibility has been delegated to a guardian under (b) of this section.




Sec. 47.12.155. Parental or guardian accountability and participation.
 (a) The parent or guardian of a minor who is alleged to be a delinquent under AS 47.12.020 or found to be a delinquent under AS 47.12.120 shall attend each hearing held during the delinquency proceedings unless the court excuses the parent or guardian from attendance for good cause.

 (b) If a minor is found to be a delinquent under AS 47.12.120, the court may order that the minor’s parent or guardian
     (1) personally participate in treatment reasonably available in the parent’s or guardian’s location as specified in a plan set out in the court order;

     (2) notify the department if the minor violates a term or condition of the court order; and

     (3) comply with any other conditions set out in the court order, including a condition in an order requiring a parent to pay restitution ordered on behalf of a victim of a delinquent act.

 (c) If a court orders a minor’s parent or guardian to participate in treatment under (b) of this section, the court also shall order the parent or guardian to use any available insurance or another resource to cover the treatment, or to pay for the treatment if other coverage is unavailable. If the court determines that the parent or guardian is unable to pay for the treatment due to indigence and the department pays for the treatment, the department may seek reimbursement only from the indigent parent’s or guardian’s permanent fund dividend.

 (d) The permanent fund dividend of an indigent parent or guardian participating in treatment ordered under (b) of this section may be taken under AS 43.23.065(b)(6) and 43.23.066 to satisfy the balance due on a reimbursement claim by the department under (c) of this section.

 (e) If a parent or guardian fails to attend a hearing as required in (a) of this section, the court shall hold the hearing without the attendance of the parent or guardian.




Sec. 47.12.160. Retention of jurisdiction over minor.
 (a) Except as provided in (g) of this section, the court retains jurisdiction over the case and may at any time stay execution, modify, set aside, revoke, or enlarge a judgment or order, or grant a new hearing, in the exercise of its power of protection over the minor and for the minor’s best interest, for a period of time not to exceed the maximum period otherwise permitted by law or in any event extend past the day the minor becomes 19, unless sooner discharged by the court, except that the department may apply for and the court may grant an additional one-year period of supervision past age 19 if continued supervision is in the best interests of the person and the person consents to it. An application for any of these purposes may be made by the parent, guardian, or custodian acting in behalf of the minor, or the court may, on its own motion, and after reasonable notice to interested parties and the appropriate department, take action that it considers appropriate.

 (b) If the court determines at a hearing authorized by (a) of this section that it is in the best interests of the minor to be released to the care or custody of the minor’s parent, guardian, or custodian, it may enter an order to that effect and the minor is discharged from the control of the department.

 (c) If a minor is adjudicated a delinquent before the minor’s 18th birthday, the court may retain jurisdiction over the minor after the minor’s 18th birthday for the purpose of supervising the minor’s rehabilitation, but the court’s jurisdiction over the minor under this chapter never extends beyond the minor’s 19th birthday, except that the department may apply for and the court may grant an additional one-year period of supervision past age 19 if continued supervision is in the best interests of the person and the person consents to it. The department may retain jurisdiction over the person between the person’s 18th and 19th birthdays for the purpose of supervising the person’s rehabilitation, if the person has been placed under the supervision of the department before the person’s 18th birthday, except that the department may apply for and the court may grant an additional one-year period of supervision past age 19 if continued supervision is in the best interests of the person and the person consents to it.

 (d) The department, or the district attorney in a matter subject to the jurisdiction of this chapter under AS 47.12.020(b), may petition the court for imposition of sentence pronounced under AS 47.12.120(j)(2) if the offender is still subject to the jurisdiction of the court and if the offender, after pronouncement of sentence under AS 47.12.120(j)(2),
     (1) commits a subsequent felony offense;

     (2) commits a subsequent offense against a person that is a misdemeanor and involves injury to a person or the use of a deadly weapon;

     (3) fails to comply with the terms of a restitution order;

     (4) fails to engage in or satisfactorily complete a rehabilitation program ordered by a court or required by a facility or juvenile probation officer; or

     (5) escapes from a juvenile or other correctional facility.

 (e) If a petition is filed under (d) of this section and if the court finds by a preponderance of the evidence that the minor has committed a subsequent felony offense that is a crime against a person or is the crime of arson, the court shall impose the adult sentence previously pronounced under AS 47.12.120(j) and transfer custody of the minor to the Department of Corrections. If the court finds by a preponderance of the evidence that any of the other circumstances set out in (d)(1) — (5) of this section exist, the court shall impose the adult sentence previously pronounced and transfer custody of the minor to the Department of Corrections unless the minor proves by preponderance of the evidence that mitigating circumstances exist that justify a continuance in the stay of the adult sentence and the minor is amenable to further treatment under this chapter. The court shall make written findings to support its order.

 (f) Notwithstanding another provision of law, the court shall accept (1) payments of restitution from a minor and the minor’s parent at any time, and (2) prepayments of restitution or payments in anticipation of an order of restitution. If the recipient has elected to have the Department of Law collect the judgment of restitution under AS 12.55.051(g), the court shall forward all payments of restitution to the Department of Law within five days after the court’s acceptance.

 (g) If the department has filed a delinquency petition under AS 47.12.020 and 47.12.040 regarding a minor who is 18 years of age or older, the court has jurisdiction to adjudicate and dispose of the matter as provided in this chapter.




Sec. 47.12.170. Enforcement of restitution.
 (a) An order by the court under AS 47.12.120 that a minor or the minor’s parent pay restitution is a civil judgment that remains enforceable after the expiration of the court’s jurisdiction over the minor under AS 47.12.160. A recipient of a restitution order, or the state on behalf of the restitution recipient, may enforce a restitution order against the minor and the minor’s parent by any procedure authorized by law for enforcement of a civil judgment. If the restitution recipient enforces or collects restitution through civil process, collection costs and full reasonable attorney fees shall be awarded. If the state on the restitution recipient’s behalf enforces or collects restitution through civil process, collection costs and full reasonable attorney fees shall be awarded, up to a maximum of twice the amount of restitution owing at the time the civil process was initiated. This section does not limit the authority of the court to otherwise enforce orders of payment for restitution. An order of restitution enforced under this section does not limit under other law the civil liability of the minor or the minor’s parent as a result of the delinquent conduct.

 (b) The Department of Law is authorized to collect restitution on behalf of the recipient unless
     (1) the recipient elects as provided in (c) of this section to enforce the order of restitution without the assistance of the Department of Law; or

     (2) the order requires restitution to be made in a form other than payment of a specific dollar amount.

 (c) The court shall forward a copy of the restitution order to the department when the order is entered. Upon receipt of the order, the department shall send a notice to the recipient regarding the recipient’s rights under this section, including the right to elect to enforce the order of restitution without the assistance of the Department of Law. When 30 days have passed since the recipient received the notice, or when the department receives the recipient’s response to the notice, whichever is earlier, the department shall send to the Department of Law a copy of the order of restitution; the name, date of birth, social security number, and current address of the recipient, the minor, and the minor’s parent; the notice sent to the recipient under this subsection; and the recipient’s response, if any. If a response from the recipient reaches the department after the department has sent the order of restitution and other information to the Department of Law under this subsection, the department shall immediately send the response to the Department of Law. The information provided to the Department of Law under this subsection is confidential and is not open to inspection as a public record under AS 40.25.110. The Department of Law or its agents may not disclose the information except as necessary to collect on the restitution.

 (d) The Department of Law may not begin collection procedures on the order of restitution until the recipient has been given notice under (c) of this section and has been given 30 days after receipt of notice to elect to collect the restitution without the assistance of the Department of Law. A recipient may inform the Department of Law at a later time of the recipient’s election to collect the restitution without the assistance of the Department of Law; upon receipt of the information, the Department of Law may no longer proceed with collection efforts on behalf of the recipient. A recipient who has elected under this section to collect restitution without the assistance of the Department of Law may not later request the services of that department to collect the restitution.

 (e) If the Department of Law or its agents proceed to collect restitution on behalf of a recipient under (c) of this section, the actions of the Department of Law or an agent of the Department of Law on behalf of the recipient do not create an attorney-client relationship between the Department of Law and the recipient. The Department of Law or its agent may not settle a judgment for restitution without the consent of the recipient of the restitution.

 (f) An action for damages may not be brought against the state or any of its agents, officers, or employees based on an action or omission under this section.

 (g) The Department of Law may enter into contracts on behalf of the state to carry out the collection procedures of this section. The Department of Law may adopt regulations necessary to carry out the collection procedures of this section, including the reimbursement of attorney fees and costs in appropriate cases.




Sec. 47.12.180. Effect of adjudication.
 (a) Except as provided by AS 47.12.160(d) and (e) and AS 47.12.170, an adjudication under this chapter upon the status of a minor
     (1) may not operate to impose any of the civil disabilities ordinarily imposed by conviction upon a criminal charge;

     (2) does not operate to permit a minor afterward to be considered a criminal by the adjudication; and

     (3) does not operate to permit the adjudication to be afterward considered a conviction, nor may a minor be charged with or convicted of a crime in a court except as provided in this chapter.

 (b) The commitment and placement of a minor and evidence given in the court are not admissible as evidence against the minor in a subsequent case or proceedings in any other court, nor does the commitment and placement or evidence operate to disqualify a minor in a future civil service examination or appointment in the state.




Sec. 47.12.200. Arrest of a minor.
The arrest of a minor other than for a traffic offense is not considered an arrest for any purpose except for the purpose of the disposition of a proceeding arising out of that arrest.


Sec. 47.12.210. Fingerprinting of minors.
 (a) A peace officer may fingerprint a minor under the same circumstances as an adult may be fingerprinted.

 (b) Except as provided by AS 47.12.310(b)(1), fingerprint records taken under this section are not subject to AS 47.12.310.




Sec. 47.12.220. Appointment of guardian or custodian.
When, in the course of a proceeding under this chapter, it appears to the court that the welfare of a minor will be promoted by the appointment of a guardian or custodian of the minor’s person or property, the court may make the appointment. The court shall have a summons issued and served upon the parents of the minor, if they can be found, in a manner and within a time before the hearing that the court considers reasonable. The court may determine whether the father, mother, or the department shall have the custody and control of the minor. If the minor is of sufficient age and intelligence to state desires, the court shall consider them. The court may order either or both parents to pay support for the minor’s care to the guardian, custodian, or department.


Sec. 47.12.230. Support of minor.
 (a) When a delinquent minor is committed under this chapter, the court or the child support services agency created in AS 25.27.010 shall, after giving the parent a reasonable opportunity to be heard, require that the parent pay to the department in a manner that the court or the child support services agency directs a sum to cover in full or in part the maintenance and care of the minor. The support obligation shall be calculated under Rule 90.3(i) of the Alaska Rules of Civil Procedure.

 (b) If a parent wilfully fails or refuses to pay the sum fixed, the parent may be proceeded against as provided by law in cases of family desertion and nonsupport.

 (c) The sum collected from a parent under this section shall be directly credited to the general fund of the state.




Sec. 47.12.240. Detention of minors.
 (a) When the court commits a minor to the custody of the department, the department shall arrange to place the minor in a detention home, work camp, or another suitable place that the department designates for that purpose. Except when detention in a correctional facility is authorized by (c) of this section, the minor may not be incarcerated in a correctional facility that houses adult prisoners.

 (b) When a minor is detained under this chapter, the person having responsibility for the facility in which the minor is detained shall immediately make reasonable attempts to notify the minor’s parent, guardian, or custodian of the minor’s detention.

 (c) Notwithstanding (a) of this section, a minor may be incarcerated in a correctional facility
     (1) if the minor is the subject of a petition filed with the court under this chapter seeking adjudication of the minor as a delinquent minor or if the minor is in official detention pending the filing of that petition; however, detention in a correctional facility under this paragraph may not exceed the lesser of
          (A) six hours, except under the criteria listed in (e) of this section; or

          (B) the time necessary to arrange the minor’s transportation to a juvenile detention home or comparable facility for the detention of minors;

     (2) if, in response to a petition of delinquency filed under this chapter, the court has entered an order closing the case under AS 47.12.100(a), allowing the minor to be prosecuted as an adult; or

     (3) if the minor is at least 16 years of age and the court has entered an order under AS 47.12.160(e) imposing an adult sentence and transferring custody of the minor to the Department of Corrections.

 (d) When a minor is detained under (c)(1) of this section and incarcerated in a correctional facility, the minor shall be
     (1) assigned to quarters in the correctional facility that are separate from quarters used to house adult prisoners so that the minor cannot communicate with or view adults who are in official detention;

     (2) provided admission, health care, hygiene, and food services and recreation and visitation opportunities separate from services and opportunities provided to adults who are in official detention.

 (e) Notwithstanding the limitation on detention set out in (c)(1) of this section, a minor whose detention is authorized by (c)(1) of this section may be detained in a correctional facility for up to 24 hours when the authority having jurisdiction over the minor under this chapter is outside a metropolitan statistical area under the current designation of the United States Bureau of the Census and the authority has no existing acceptable alternative placement available for the minor. The minor may be held in secure custody beyond the 24-hour period if the criteria set out in this subsection are met and if the correctional facility is located where conditions of
     (1) distance to be traveled or the lack of highway, road, or other ground transportation do not allow for court appearances within 24 hours, in which case the minor may be held for up to an additional 48 hours at the correctional facility; or

     (2) lack of safety exist, such as severely adverse, life-threatening weather conditions that do not allow for reasonably safe travel, in which case the time for an appearance may be delayed until 24 hours after the time that the conditions become safe.

 (f) A detention authorized by (e) of this section may not exceed the time necessary to satisfy the requirement of (c)(1)(B) of this section.

 (g) [Repealed, § 42 ch 12 SLA 2006.]
 (h) In this section,
     (1) “correctional facility” has the meaning given in AS 33.30.901 whether the facility is operated by the state, a municipality, a village, or another entity;

     (2) “official detention” has the meaning given in AS 11.81.900.




Sec. 47.12.245. Arrest.
 (a) A peace officer may
     (1) arrest a minor
          (A) for the commission of an act that subjects the minor to the provisions of this chapter under the same circumstances and in the same manner as would apply to the arrest of an adult for violation of a criminal law of the state or a municipality of the state;

          (B) if the peace officer reasonably believes the minor is a fugitive from justice;

          (C) if the peace officer has probable cause to believe that the minor has violated a condition of the minor’s release or probation; or

          (D) if the peace officer reasonably believes that the minor has been adjudicated a delinquent and has escaped from an institution or absconded from probation, parole, or the jurisdiction of a court;

     (2) continue the lawful arrest of a minor that is made by a citizen.

 (b) A probation officer may arrest a minor if the probation officer has probable cause to believe that the minor has violated conditions of the minor’s release or probation.




Sec. 47.12.250. Temporary detention and detention hearing.
 (a) A peace officer or a probation officer who has arrested or a peace officer who has continued the arrest of a minor under AS 47.12.245 may
     (1) have the minor detained in a juvenile detention facility if in the opinion of the peace officer making or continuing the arrest it is necessary to do so to protect the minor or the community; however, the department may direct that a minor who was arrested or whose arrest was continued be released from detention before the hearing required by (c) of this section;

     (2) before taking the minor to a juvenile detention facility, release the minor to the minor’s parents or guardian if detention is not necessary to
          (A) protect the minor or the community; or

          (B) ensure the minor’s attendance at subsequent court hearings.

 (b) A peace officer who has a minor detained under (a) of this section shall immediately, and in no event more than 12 hours later, notify the court and make reasonable efforts to notify the minor’s parents or guardian, the minor’s foster parent, and the department of the officer’s action. The department may file with the court a petition alleging delinquency before the detention hearing.

 (c) The court shall immediately, and in no event more than 48 hours later, hold a hearing at which the minor and the minor’s parents or guardian if they can be found shall be present. For those minors held securely in correctional facilities that house adult prisoners, the court shall immediately, and in no event more than 24 hours after the custody begins, hold a hearing at which the minor and the minor’s parents or guardian if they can be found shall be present. The court shall determine whether probable cause exists for believing the minor to be delinquent. The court shall inform the minor of the reasons alleged to constitute probable cause and the reasons alleged to authorize the minor’s detention. The minor is entitled to counsel. The court shall give the minor’s foster parent the opportunity to be heard at the hearing.

 (d) If the court finds that probable cause exists, it shall determine whether the minor should be detained pending the hearing on the petition or released. It may either order the minor held in detention or released to the custody of a suitable person pending the hearing on the petition. If the court finds no probable cause, it shall order the minor released and close the case.

 (e) Except for temporary detention pending a detention hearing, a minor may be detained only by court order.




Sec. 47.12.255. Placement in secure residential psychiatric treatment centers.
 (a) The court may authorize the department to place a minor who is in the custody of the department under AS 47.12.120(b)(1) or (3) or 47.12.140 in a secure residential psychiatric treatment center if the court finds, based on the testimony of a mental health professional, that
     (1) the minor is gravely disabled or is suffering from mental illness and, as a result, is likely to cause serious harm to the minor or to another person;

     (2) there is no reasonably available, appropriate, and less restrictive alternative for the minor’s treatment or that less restrictive alternatives have been tried and have failed; and

     (3) there is reason to believe that the minor’s mental condition could be improved by the course of treatment or would deteriorate if untreated.

 (b) A court shall review a placement made under this section at least once every 90 days. The court may authorize the department to continue the placement of the minor in a secure residential psychiatric treatment center if the court finds, based on the testimony of a mental health professional, that the conditions or symptoms that resulted in the initial order have not ameliorated to such an extent that the minor’s needs can be met in a less restrictive setting and that the minor’s mental condition could be improved by the course of treatment or would deteriorate if untreated.

 (c) The department shall transfer a minor from a secure residential psychiatric treatment center to another appropriate placement if the mental health professional responsible for the minor’s treatment determines that the minor would no longer benefit from the course of treatment or that the minor’s treatment needs could be met in a less restrictive setting. The department shall notify the minor, the minor’s parents or guardian, and the minor’s guardian ad litem of a determination and transfer made under this subsection.

 (d) In this section, “likely to cause serious harm” has the meaning given in AS 47.30.915.




Sec. 47.12.260. Releasing minors after commitment.
A minor found to be a juvenile delinquent who by conduct gives sufficient evidence of having reformed may be released at any time under the conditions and regulations that the department considers proper, if it appears to the satisfaction of the department that there is a reasonable probability that the minor will remain at liberty without violating the law.


Sec. 47.12.270. Youth counselors.
The department may employ youth counselors. Youth counselors shall exercise the duties of probation officers and shall prepare preliminary investigations for the information of the court. They shall also carry out other duties in the care and treatment of minors that are consistent with the intent of this chapter. Youth counselors have the powers of a peace officer with respect to the service of process, the making of arrests of minors who violate state or municipal law, and the execution of orders of the court relating to juveniles, and shall assist and advise the courts in the furtherance of the welfare and control of minors under the court’s jurisdiction.


Article 2. Information And Records.


Sec. 47.12.300. Court records.
 (a) The court shall make and keep records of all cases brought before it.

 (b) The court shall forward a record of adjudication of a violation of an offense listed in AS 28.15.185(a) to the Department of Administration if the court imposes a license revocation under AS 28.15.185.

 (c) Except when disclosure of the name of a minor is authorized or required by this chapter and except as provided in (g) of this section, the name or picture of a minor under the jurisdiction of the court may not be made public in connection with the minor’s status as a delinquent unless authorized by order of the court.

 (d) Except as provided in (f) of this section, within 30 days of the date of a minor’s 18th birthday or, if the court retains jurisdiction of a minor past the minor’s 18th birthday, within 30 days of the date on which the court releases jurisdiction over the minor, the court shall order all the court’s official records pertaining to that minor in a proceeding under this chapter sealed, as well as records of all driver’s license proceedings under AS 28.15.185, criminal proceedings against the minor, and punishments assessed against the minor. A person may not use these sealed records for any purpose except that the court may order their use for good cause shown or may order their use by an officer of the court in making a presentencing report for the court. The provisions of this subsection relating to the sealing of records do not apply to records of traffic offenses.

 (e) The court’s official records prepared under this chapter and not made public under this section are confidential and may be inspected only with the court’s permission and only by persons having a legitimate interest in them. A foster parent is considered to have a legitimate interest in those portions of the court’s official records relating to a child who is already placed with the foster parent or who is recommended for placement with the foster parent. A person with a legitimate interest in the inspection of a confidential record maintained by the court also includes a victim who suffered physical injury or whose real or personal property was damaged as a result of an offense that was the basis of an adjudication or modification of disposition. If the victim knows the identity of the minor, identifies the minor or the offense to the court, and certifies that the information is being sought to consider or support a civil action against the minor or against the minor’s parents or guardian under AS 09.65.255, the court shall, subject to AS 12.61.110 and 12.61.140, allow the victim to inspect and use the following records and information in connection with the civil action:
     (1) a petition filed under AS 47.12.040(a) seeking to have the court declare the minor a delinquent;

     (2) a petition filed under AS 47.12.120 seeking to have the court modify or revoke the minor’s probation;

     (3) a petition filed under AS 47.12.100 requesting the court to find that a minor is not amenable to treatment under this chapter and that results in closure of a case under AS 47.12.100(a); and

     (4) a court judgment or order entered under this chapter that disposes of a petition identified in (1) — (3) of this subsection.

 (f) A person who has been tried as an adult under AS 47.12.100(a) or a person whose records have been made public under (g) of this section, or the department on the person’s behalf, may petition the superior court to seal the records of all criminal proceedings, except traffic offenses, initiated against the person, and all punishments assessed against the person, while the person was a minor. A petition under this subsection may not be filed until five years after the completion of the sentence imposed for the offense for which the person was tried as an adult or five years after a disposition was entered for an offense for which the records were made public under (g) of this section. If the superior court finds that its order has had its intended rehabilitative effect and further finds that the person has fulfilled all orders of the court entered under AS 47.12.120, the superior court shall order the record of proceedings and the record of punishments sealed. Sealing the records restores civil rights removed because of a conviction. A person may not use these sealed records for any purpose except that the court may order their use for good cause shown or may order their use by an officer of the court in making a presentencing report for the court. The court may not, under this subsection, seal records of a criminal proceeding
     (1) initiated against a person if the court finds that the person has not complied with a court order made under AS 47.12.120; or

     (2) commenced under AS 47.12.030(a) unless the minor has been acquitted of all offenses with which the minor was charged or unless the most serious offense of which the minor was convicted was not an offense specified in AS 47.12.030(a).

 (g) When a district attorney has elected to seek imposition of a dual sentence and a petition has been filed under AS 47.12.065, or when a minor agrees as part of a plea agreement to be subject to dual sentencing, all court records shall be open to the public except for predisposition reports, psychiatric and psychological reports, and other documents that the court orders to be kept confidential because the release of the documents could be harmful to the minor or could violate the constitutional rights of the victim or other persons.

 (h) A person who discloses confidential information in violation of this section is guilty of a class B misdemeanor.




Sec. 47.12.310. Agency records.
 (a) Except as specified in AS 47.12.315, 47.12.320, and (b) — (g) and (i) of this section, all information and social records pertaining to a minor who is subject to this chapter or AS 47.17 prepared by or in the possession of a federal, state, or municipal agency or employee in the discharge of the agency’s or employee’s official duty, including driver’s license actions under AS 28.15.185, are privileged and may not be disclosed directly or indirectly to anyone without a court order.

 (b) A state or municipal agency or employee shall disclose
     (1) information regarding a case to a federal, state, or municipal law enforcement agency for a specific investigation being conducted by that agency;

     (2) appropriate information regarding a case to
          (A) a guardian ad litem appointed by the court;

          (B) a person or an agency requested by the department or the minor’s legal custodian to provide consultation or services for a minor who is subject to the jurisdiction of the court under this chapter as necessary to enable the provision of the consultation or services;

          (C) school officials as may be necessary to protect the safety of the minor who is the subject of the case and the safety of school students and staff or to enable the school to provide appropriate counseling and supportive services to meet the needs of a minor about whom information is disclosed;

          (D) a governmental agency as may be necessary to obtain that agency’s assistance for the department in its investigation or to obtain physical custody of a minor;

          (E) a law enforcement agency of this state or another jurisdiction as may be necessary for the protection, rehabilitation, or supervision of any minor or for actions by that agency to protect the public safety;

          (F) a victim or to the victim’s insurance company as may be necessary to inform the victim or the insurance company about the arrest of the minor, including the minor’s name and the names of the minor’s parents, copies of reports, or the disposition or resolution of a case involving a minor;

          (G) the state medical examiner under AS 12.65 as may be necessary to perform the duties of the state medical examiner;

          (H) foster parents or relatives with whom the child is placed by the department as may be necessary to enable the foster parents or relatives to provide appropriate care for the child who is the subject of the case, to protect the safety of the child who is the subject of the case, and to protect the safety and property of family members and visitors of the foster parents or relatives;

          (I) the Department of Law or its agent for use and subsequent release if necessary for collection of an order of restitution on behalf of the recipient;

          (J) the Violent Crimes Compensation Board established in AS 18.67.020 for use in awarding compensation under AS 18.67.080;

          (K) a state, municipal, or federal agency of this state or another jurisdiction that has the authority to license adult or children’s facilities and services;

          (L) a child placement agency licensed under AS 47.32 as necessary to provide services for a minor who is subject to the jurisdiction of the court under this chapter; and

          (M) a state or municipal agency of this state or another jurisdiction that is responsible for child protection services, as may be necessary for the administration of services, protection, rehabilitation, or supervision of a minor or for actions by the agency to protect the public safety; and

     (3) to the University of Alaska under the Alaska higher education savings program for children established under AS 47.14.400 information that is necessary to support the program, but only if the information released is maintained as a confidential record by the University of Alaska.

 (c) A state or municipal law enforcement agency
     (1) shall disclose information regarding a case that is needed by the person or agency charged with making a preliminary investigation for the information of the court under this chapter;

     (2) may disclose to the public information regarding a criminal offense in which a minor is a suspect, victim, or witness if the minor is not identified by the disclosure;

     (3) may disclose to school officials information regarding a case as may be necessary to protect the safety of school students and staff or to enable the school to provide appropriate counseling and supportive services to meet the needs of a minor about whom information is disclosed;

     (4) may disclose to the public information regarding a case as may be necessary to protect the safety of the public; and

     (5) may disclose to a victim or to the victim’s insurance company information, including copies of reports, as necessary for civil litigation or insurance claims pursued by or against the victim.

 (d) Upon request of a victim, the department shall make every reasonable effort to notify the victim as soon as practicable, by telephone or in writing, when a delinquent minor is to be released from placement in a juvenile facility under AS 47.12.120(b)(1). The notice under this subsection must include the expected date of the delinquent minor’s release, the geographic area in which the delinquent minor is required to reside, and other pertinent information concerning the delinquent minor’s conditions of release that may affect the victim.

 (e) A person may authorize the department to release information to the military or to a prospective employer about the existence of a delinquency adjudication against that person under this chapter and the offense on which it was based.

 (f) The department may release to a person with a legitimate interest information relating to a minor subject to the jurisdiction of the department under this chapter. The department shall adopt regulations under AS 44.62 to implement this subsection, including regulations governing the release of information and standards for identifying a legitimate interest in the information.

 (g) The department and affected law enforcement agencies shall work with school districts and private schools to develop procedures for the disclosure of information to school officials under (b)(2)(C) and (c)(3) of this section. The procedures must provide a method for informing the principal or the principal’s designee of the school the student attends as soon as it is reasonably practicable.

 (h) Notwithstanding (c)(3) of this section, a state or municipal law enforcement agency is not required to notify the appropriate school official of a school district or school under (c) of this section if the agency determines that notice would jeopardize an ongoing investigation.

 (i) A state or municipal agency, other than a state or municipal law enforcement agency, or authorized employee may disclose to the public information regarding a case as may be necessary to protect the safety of the public provided the disclosure is authorized by regulations adopted by the department.

 (j) In this section, “school” means a public or private elementary or secondary school.

 (k) A person who discloses confidential information in violation of this section is guilty of a class B misdemeanor.




Sec. 47.12.315. Public disclosure of information in department records relating to certain minors.
 (a) Notwithstanding AS 47.12.310 and except as otherwise provided in this section, the department shall disclose information to the public, on request, concerning a minor subject to this chapter who was at least 13 years of age at the time of commission of
     (1) a felony offense against a person under AS 11.41;

     (2) arson in the first or second degree;

     (3) burglary in the first degree;

     (4) distribution of child pornography;

     (5) sex trafficking in the first degree;

     (6) misconduct involving a controlled substance in the first or second degrees involving distribution or possession with intent to deliver; or

     (7) misconduct involving weapons in the first through fourth degrees.

 (b) The department may disclose the information authorized in (a) of this section only if a court has adjudicated the minor as delinquent.

 (c) When required by this section to disclose information, the department may disclose only the name of the minor, the name of each legal parent or guardian, the specific offense alleged to have been committed in the petition, and the final outcome of the court proceedings relating to the offense. Before the disclosure, the department shall delete the information that identifies the victim of the offense.

 (d) The department may not disclose the name of an out-of-home care provider with whom the minor was living at the time the minor was alleged to have committed the offense.

 (e) If the department or other state or municipal agency maintains the information to be disclosed by electronic means that can be recovered from a computer database, the department or agency may disclose the information in that medium.

 (f) The department may not release information under this section after five years from the date the department or other agency is first required or authorized to make the disclosure under this section.

 (g) When disclosure is required under this section, the department may petition the court for an order prohibiting the disclosure. The court may grant the petition if, based on information presented in the petition or at an in camera hearing held on the petition, the court finds that
     (1) the crime was an isolated incident and the minor does not present any further danger to the public; or

     (2) the victim agrees that disclosure is inappropriate.

 (h) In this section, unless the context otherwise requires, “out-of-home care provider” means a person, other than the child’s legal parents, with whom a child who is in the custody of the state under AS 47.10, AS 47.12, or AS 47.14 is currently placed, including a foster parent, a relative other than a parent, and a person who has petitioned for adoption or guardianship of the child.




Sec. 47.12.320. Disclosure of information to public officials.
 (a) Notwithstanding AS 47.12.300 and 47.12.310,
     (1) a parent or legal guardian of a minor subject to a proceeding under this chapter may disclose confidential or privileged information about the minor, including information that has been lawfully obtained from agency or court files, to the governor, the lieutenant governor, a legislator, the ombudsman appointed under AS 24.55, the attorney general, and the commissioners of health and social services, administration, or public safety, or an employee of these persons, for review or use in their official capacities;

     (2) the department may disclose confidential or privileged information about the minor and make available for inspection documents about the minor to the state officials or employees identified in (1) of this subsection for review or use in their official capacities; and

     (3) a person to whom disclosure is made under (1) or (2) of this subsection may not disclose confidential or privileged information about the minor to a person not authorized to receive it.

 (b) The disclosure right under (a)(1) of this section is in addition to, and not in derogation of, the rights of a parent or legal guardian of a minor.

 (c) A person who violates a provision of this section is guilty of a misdemeanor and upon conviction is punishable for the violation in the manner authorized under AS 12.55 for a class B misdemeanor.




Article 3. Youth Courts.


Sec. 47.12.400. Youth courts.
 (a) The department may use youth courts to hear, determine, and dispose of cases involving a minor whose alleged act that brings the minor within the jurisdiction of AS 47.12.010 — 47.12.260 constitutes a violation of a state law that is a misdemeanor or a violation or constitutes a violation of a municipal ordinance that prescribes a penalty not exceeding the penalties for a class A misdemeanor under state law.

 (b) Unless otherwise directed by the commissioner, the jurisdiction of a youth court is coextensive with the boundaries of the municipality in which the youth court is located. Only one youth court may be established within the boundaries of a municipality. Nothing in this subsection prohibits two or more municipalities from operating a single youth court for the municipalities by agreement between them.

 (c) A nonprofit corporation may obtain recognition from the commissioner to serve as a youth court. The corporation may exercise only the powers that are delegated to a youth court by the commissioner, and shall exercise those powers as authorized by the corporation’s articles of incorporation and bylaws. The bylaws of the corporation must set out standards and procedures by which the corporation, in its capacity as a youth court,
     (1) establishes a system by which the minor may be held accountable for the conduct that brings the minor within the jurisdiction of the youth court by being tried, represented, and adjudicated by the minor’s peers;

     (2) guarantees the constitutional rights of the minor that are guaranteed by the state and federal constitutions;

     (3) may secure jurisdiction over a minor; the youth court may secure jurisdiction over the minor only with the consent of the minor and the agreement of the minor’s legal custodian;

     (4) sets out the process for disposing of matters referred to it for resolution;

     (5) provides a process for appeal of a verdict or sentence, and defines the basis for appeals;

     (6) reserves the right to refer to the department, under AS 47.12.060(a), a matter transmitted to the youth court for disposition in which the minor fails, without good cause, to comply with all requirements ordered by the youth court as a part of sentence imposed on the minor; and

     (7) prepares and delivers a report of the disposition of the matter referred to it for resolution to the commissioner.

 (d) Subject to the privileges that witnesses have in the courts of this state, the commissioner may compel by subpoena, at a specified time and place, the
     (1) appearance and sworn testimony of a person who the commissioner reasonably believes may be able to give information relating to a matter before a youth court; and

     (2) production by a person of a record or object that the commissioner reasonably believes may relate to a matter before a youth court.

 (e) If a person refuses to comply with a subpoena issued under (d) of this section, the superior court may, upon application of the commissioner, compel obedience by proceedings for contempt in the same manner as in the case of disobedience to the requirements of a subpoena issued by the court or refusal to testify in the court.

 (f) The commissioner shall make and keep records of all cases referred to a youth court. The records of a youth court proceeding
     (1) relating to a minor who complies with all requirements ordered by the youth court as a part of sentence imposed on the minor shall be sealed by the commissioner and may not be used for any purpose; and

     (2) except as to a record described in (1) of this subsection, shall be afforded at least the same protection and are subject to at least the same procedural safeguards in matters relating to access, use, and security as they would be under AS 47.12.310.

 (g) An individual who is a member or an agent of the board of directors of a nonprofit corporation that has obtained recognition from the commissioner to serve as a youth court under this section is immune from suit in a civil action based upon the exercise or performance of or the failure to exercise or perform a discretionary function or a discretionary duty as a member of the board of directors or that has been properly delegated by the board of directors. An individual who tries, represents, or adjudicates a minor in a youth court is immune from suit in a civil action based upon the exercise or performance of or the failure to exercise or perform a discretionary function or a discretionary duty within the individual’s quasi-judicial capacity with the youth court. A nonprofit corporation that has obtained recognition from the commissioner to serve as a youth court is immune from suit in a civil action based upon an act or failure to act for which an individual is granted immunity under this subsection.




Sec. 47.12.410. Funding for youth courts.
The legislature may appropriate 25 percent of the fines imposed under AS 12.55.035 and collected and separately accounted for by the state under AS 37.05.142 to the department for distribution to youth courts established and operating under AS 47.12.400. Nothing in this section creates a dedicated fund.


Article 4. Community Dispute Resolution Centers.


Sec. 47.12.450. Community dispute resolution centers for matters involving minors.
 (a) An entity organized for the purpose of providing community mediation services may establish and operate a community dispute resolution center to resolve disputes between minors who are alleged to have committed offenses and the victims of those offenses.

 (b) The commissioner may recognize an entity organized for the purpose of providing community mediation services as a community dispute resolution center to serve as a center to resolve disputes between minors and victims. Before extending recognition under this subsection, the commissioner shall determine that the bylaws of the entity set out standards and procedures
     (1) for filing requests for dispute resolution services with the center and for scheduling mediation sessions participated in by the parties to the dispute;

     (2) to ensure that each dispute mediated meets the criteria for appropriateness for mediation and for rejecting disputes that do not meet the criteria;

     (3) for giving notice of time, place, and nature of the mediation session to the parties, and for conducting mediation sessions that comply with the provisions of this section;

     (4) to ensure that participation by all parties is voluntary;

     (5) for obtaining referrals from public and private bodies;

     (6) for providing mediators who, during the dispute resolution process, may not make decisions or determinations of the issues involved, but who shall facilitate negotiations by the participants themselves to achieve a voluntary resolution of the issues;

     (7) for communicating to the agency making a referral under AS 47.12.040(a)(1)(A) or the court making a referral under AS 47.12.120(b)(4)(A), as appropriate, the following:
          (A) notice that the minor and victim have been unable to enter into a written agreement under (d)(2) of this section or that the minor or victim has withdrawn from mediation as authorized by (f) of this section;

          (B) notice that the minor and victim have entered into a written agreement under (d)(2) of this section; the center shall transmit a copy of the agreement to the agency or the court, as appropriate;

          (C) notice that the minor has failed to perform fully the minor’s obligations under the written agreement under (d)(2) of this section;

          (D) notice that the minor has successfully completed all that is required of the minor under the provisions of the written agreement under (d)(2) of this section; and

     (8) for informing and educating the community about the community dispute resolution center and encouraging the use of the center’s services in appropriate cases.

 (c) A center established under this section shall provide dispute resolution services between a minor who has committed an offense and who, because of the commission of the offense, may be alleged to be a delinquent minor under AS 47.12.020, and a person who was a victim of that offense. The center shall provide dispute resolution services either without charge to a participant or for a fee that is based on the participant’s ability to pay.

 (d) In conducting a dispute resolution process under this section, a center shall require that
     (1) the minor and the victim enter into a written agreement that expresses the method by which they shall attempt to resolve the issues in dispute; and

     (2) at the conclusion of the dispute resolution process, the minor and the victim enter into a written agreement that sets out the settlement of the issues and the future responsibilities, if any, of each party.

 (e) Except for a notice or a communication described in (b)(7) of this section, all memoranda, work notes or products, or case files of centers established under this section are confidential and privileged and are not subject to disclosure in any judicial or administrative proceeding unless the court or administrative tribunal determines that the materials were submitted by a participant to the center for the purpose of avoiding discovery of the material in a subsequent proceeding. Any communication relating to the subject matter of the resolution made during the resolution process by a participant, mediator, or another person is a privileged communication and is not subject to disclosure in a judicial or administrative proceeding unless all parties to the communication waive the privilege. However, privilege and limitation on evidentiary use set out in this subsection do not apply to a communication of a threat that injury or damage may be inflicted on a person or on the property of a party to the dispute to the extent the communication may be relevant evidence in a criminal matter.

 (f) A minor or a victim who enters a dispute resolution process at a center established under this section may revoke consent, withdraw from dispute resolution, and seek judicial or administrative redress before reaching a written resolution agreement. The withdrawal must be in writing. If a minor or a victim withdraws from dispute resolution, a legal penalty, sanction, or restraint may not be imposed upon the person for that withdrawal.

 (g) A center established under this section may seek and accept contributions and any other available money and may expend the money to carry out the purposes of this section.

 (h) An individual who is a member or an agent of the board of directors of or a mediator at a community dispute resolution center is immune from suit in a civil action based upon the exercise or performance of or the failure to exercise or perform a discretionary function or a discretionary duty within the official capacity of the individual. A community dispute resolution center is immune from suit in a civil action based upon an act or failure to act for which an individual is granted immunity under this subsection.

 (i) In this section, “center” means a community dispute resolution center.




Article 5. General Provisions.


Sec. 47.12.980. Grants-in-aid.
The department may accept grants-in-aid from the federal government or private foundations and may accept other gifts consistent with the purposes of this chapter.


Sec. 47.12.988. Implementation of provisions by an entity selected by department.
In this chapter, when authority exercised by the department may also be exercised by an entity selected by the department, the entity that the department may select in order to exercise authority is limited to
     (1) a municipality;

     (2) a corporation; or

     (3) two or more persons recognized by the community and operating under contract or license from the department.




Sec. 47.12.990. Definitions.
In this chapter, unless the context otherwise requires,
     (1) “commissioner” means the commissioner of health and social services;

     (2) “court” means the superior court of the state;

     (3) “crime against a person” means an offense set out in AS 11.41;

     (4) “delinquent minor” means a minor found to be within the jurisdiction of the court under AS 47.12.020;

     (5) “department” means the Department of Health and Social Services;

     (6) “gravely disabled” has the meaning given in AS 47.30.915;

     (7) “juvenile detention facility” means separate quarters within a city jail used for the detention of delinquent minors;

     (8) “juvenile detention home” or “detention home” is a separate establishment, exclusively devoted to the detention of minors on a short-term basis and not a part of an adult jail;

     (9) “juvenile work camp” means a separate residential establishment, exclusively devoted to the detention of minors, in which the minors who are 16 years of age or older and committed to the custody of the department and placed in the facility may be required to labor on the buildings and grounds or perform any other work or engage in any activities that do not conflict with regulations adopted by the Department of Health and Social Services under this chapter for the care, rehabilitation, education, and discipline of minors in detention;

     (10) “mental health professional” has the meaning given in AS 47.30.915, except that, if the minor is placed in another state by the department, “mental health professional” also includes a professional listed in the definition of “mental health professional” in AS 47.30.915 who is not licensed to practice by a board of this state but is licensed by a corresponding licensing authority to practice in the state in which the minor is placed;

     (11) “mental illness” has the meaning given in AS 47.30.915;

     (12) “minor” means a person under 18 years of age;

     (13) “peace officer” has the meaning given in AS 11.81.900;

     (14) “secure residential psychiatric treatment center” has the meaning given “residential psychiatric treatment center” in AS 47.32.900;

     (15) “treatment facility” means a hospital, clinic, institution, center, or other health care facility that has been designated by the department for the treatment of juveniles;

     (16) “victim” has the meaning given in AS 12.55.185.




Article 1. Juvenile Institutions.


Chapter 14. Juvenile Programs and Institutions.

Sec. 47.14.010. General powers of department over juvenile institutions.
The department may
     (1) purchase, lease, or construct buildings or other facilities for the care, detention, rehabilitation, and education of children in need of aid or delinquent minors;

     (2) adopt plans for construction of juvenile homes, juvenile work camps, juvenile detention facilities, and other juvenile institutions;

     (3) adopt standards and regulations for the design, construction, repair, maintenance, and operation of all juvenile detention homes, work camps, facilities, and institutions;

     (4) inspect periodically each juvenile detention home, work camp, facility, or other institution to ensure that the standards and regulations adopted are being maintained;

     (5) reimburse cities maintaining and operating juvenile detention homes, work camps, and facilities;

     (6) enter into contracts and arrangements with cities and state and federal agencies to carry out the purposes of AS 47.10, AS 47.12, and this chapter;

     (7) do all acts necessary to carry out the purposes of AS 47.10, AS 47.12, and this chapter;

     (8) adopt the regulations necessary to carry out AS 47.10, AS 47.12, and this chapter;

     (9) accept donations, gifts, or bequests of money or other property for use in construction of juvenile homes, work camps, institutions, or detention facilities;

     (10) operate juvenile homes when municipalities are unable to do so;

     (11) receive, care for, and place in a juvenile detention home, the minor’s own home, a foster home, or a correctional school, work camp, or treatment institution all minors committed to its custody under AS 47.10, AS 47.12, and this chapter.




Sec. 47.14.020. Duties of department.
The department shall
     (1) accept all minors committed to the custody of the department and all minors who are involved in a written agreement under AS 47.14.100(c), and provide for the welfare, control, care, custody, and placement of these minors in accordance with this chapter;

     (2) require and collect statistics on juvenile offenses and offenders in the state;

     (3) conduct studies and prepare findings and recommendations on the need, number, type, construction, maintenance, and operating costs of juvenile homes, work camps, facilities, and the other institutions, and adopt and submit a plan for construction of the homes, work camps, facilities, and institutions when needed, together with a plan for financing the construction programs;

     (4) examine, where possible, all facilities, institutions, work camps, and places of juvenile detention in the state and inquire into their methods and the management of juveniles in them.




Sec. 47.14.025. Applicability; inclusions of certain persons as minors.
The provisions of AS 47.14.010 — 47.14.050 apply to a person who is 18 years of age or older and who is subject to the jurisdiction of AS 47.12 due solely to AS 47.12.020(b). To implement this section, the term “minor” as used in AS 47.14.010 — 47.14.050 includes a person described in this section.


Sec. 47.14.030. Use of standardized form by facilities.
For the purpose of collecting statistics, the department shall establish and require state and local agencies that operate a jail or other detention facility to use a standardized form to keep a record and report the admission of a minor. The record shall be limited to the name of the minor admitted, the minor’s date of birth, the specific offense for which the minor was admitted, the date and time admitted, the date and time released, the sex of the minor, the ethnic origin of the minor, and other information required by federal law. Except for the notation of the date and time of the minor’s release, the record shall be prepared at the time of the minor’s admission. Unless otherwise provided by law, information and records obtained under this section are confidential and are not public records. They may be disclosed only for the purpose of compiling statistics and in a manner that does not reveal the identity of the minor.


Sec. 47.14.040. Authority to maintain and operate home, work camp, or facility.
 (a) A city may maintain and operate a juvenile detention facility, and a city or a nonprofit corporation may maintain and operate a juvenile detention home or a juvenile work camp.

 (b) The city or nonprofit corporation may receive grants-in-aid from the state for costs of operation of the homes, work camps, or facilities maintained and operated under (a) of this section.




Sec. 47.14.050. Operation of homes and facilities.
 (a) The department shall adopt standards and regulations for the operation of
     (1) juvenile detention homes and juvenile detention facilities in the state; and

     (2) juvenile work camps in the state; the regulations adopted under this paragraph must provide a means by which to ensure that a minor who is placed in a work camp
          (A) is in good physical and mental condition and able to perform the work and engage in the activities that may be required of the minor;

          (B) does not present a danger to the physical safety of other minors who are placed in the work camp.

 (b) The department may enter into contracts with cities and other governmental agencies for the detention of juveniles before and after commitment by juvenile authorities. A contract may not be made for longer than one year.




Article 2. Care of Children.


Sec. 47.14.100. Powers and duties of department over care of child.
 (a) Subject to (e), (f), and (i) — (m) of this section, the department shall arrange for the care of every child committed to its custody by placing the child in a foster home or in the care of an agency or institution providing care for children inside or outside the state. The department may place a child in a suitable family home, with or without compensation, and may place a child released to it, in writing verified by the parent, or guardian or other person having legal custody, for adoptive purposes, in a home for adoption in accordance with existing law. For a child 16 years of age or older, the department may authorize another transitional living arrangement, including student dormitory residence at a postsecondary educational institution, that adequately meets the child’s needs and is designed to assist the child’s transition to independent living.

 (b) The department may pay the costs of maintenance that are necessary to assure adequate care of the child, and may accept funds from the federal government that are granted to assist in carrying out the purposes of this chapter, or that are paid under contract entered into with a federal department or agency. A child under the care of the department may not be placed in a family home or institution that does not maintain adequate standards of care.

 (c) The department may receive, care for, and make appropriate placement of minors accepted for care for a period of up to six months on the basis of an individual voluntary written agreement between the minor’s parent, legal guardian, or other person having legal custody and the department. The agreement must include provisions for payment of fees under AS 44.29.022 to the department for the minor’s care and treatment. The agreement entered into may not prohibit a minor’s parent, legal guardian, or other person who had legal custody from regaining care of the minor at any time.

 (d) In addition to money paid for the maintenance of foster children under (b) of this section, the department
     (1) shall pay the costs of caring for foster children with physical or mental disabilities, including the additional costs of medical care, habilitative and rehabilitative treatment, services and equipment, and special clothing, and the indirect costs of medical care, including child care and transportation expenses;

     (2) may pay for respite care; in this paragraph, “respite care” means child care for the purpose of providing temporary relief from the stresses of caring for a foster child; and

     (3) may pay a subsidized guardianship payment under AS 25.23.210 when a foster child’s foster parents or other persons approved by the department become court-appointed legal guardians of the child.

 (e) When a child is removed from a parent’s home, the department shall place the child, in the absence of clear and convincing evidence of good cause to the contrary,
     (1) in the least restrictive setting that most closely approximates a family and that meets the child’s special needs, if any;

     (2) within reasonable proximity to the child’s home, taking into account any special needs of the child and the preferences of the child or parent;

     (3) with, in the following order of preference,
          (A) an adult family member;

          (B) a family friend who meets the foster care licensing requirements established by the department;

          (C) a licensed foster home that is not an adult family member or family friend;

          (D) an institution for children that has a program suitable to meet the child’s needs.

 (f) If an adult family member of the child specified under (e) of this section exists and agrees that the child should be placed elsewhere, before placement elsewhere, the department shall fully communicate the nature of the placement proceedings to the adult family member. Communication under this subsection shall be made in the adult family member’s native language, if necessary.

 (g) The department may enter into agreements with Alaska Native villages or Native organizations under 25 U.S.C. 1919 (Indian Child Welfare Act of 1978) respecting the care and custody of Native children and jurisdiction of Native child custody proceedings.

 (h) The department may not pay for respite care, as defined in (d) of this section, unless the department or the entity that has contracted with the department to provide the respite care requests criminal history record information as permitted by P.L. 105-277 and AS 12.62 for the individual who provides the respite care within 10 business days after the individual is hired to provide respite care and reviews the information within five business days after receiving it.

 (i) A child may not be placed with an out-of-home care provider if the department determines that the child can remain safely at home with one parent or guardian. In this subsection, “out-of-home care provider” means an agency or person, other than the child’s legal parents, with whom a child who is in the custody of the state under AS 47.10.080(c)(1) or (3), 47.10.142, or (c) of this section is currently placed; “agency or person” includes a foster parent, a relative other than a parent, a person who has petitioned for adoption of the child, and a residential child care facility.

 (j) For the purpose of determining whether the home of a relative meets the requirements for placement of a child under (e) of this section or under AS 47.10.088(i), the department shall conduct a criminal background check from state and national criminal justice information available under AS 12.62. The department may conduct a fingerprint background check on any member of the relative’s household who is 16 years of age or older when the relative requests placement of the child. For the purposes of obtaining criminal justice information under this subsection, the department is a criminal justice agency conducting a criminal justice activity under AS 12.62.

 (k) Notwithstanding other provisions of this section, the department may not pay for inpatient psychiatric services provided to a person under 21 years of age and who is in the custody of the department if the services are provided in an out-of-state psychiatric hospital facility or an out-of-state residential psychiatric treatment center unless the department determines that the assistance is for
     (1) psychiatric hospital services that are consistent with the person’s clinical diagnosis and appropriately address the person’s needs and that these services are unavailable in the state; or

     (2) residential psychiatric treatment center services that are consistent with the person’s clinical diagnosis and appropriately address the person’s needs and that these services are unavailable in the state.

 (l) The department shall, on a monthly basis, evaluate what types of services are available in the state for inpatient psychiatric care for persons under 21 years of age. If inpatient psychiatric services that are consistent with the person’s clinical diagnosis and that appropriately address the person’s needs become available at a location in the state for a person under 21 years of age who is receiving the services under this section at a location outside the state, the department shall, as a condition of continued payment by the state for the services, require the person to be transferred to the in-state facility unless the department determines that the transfer would be detrimental to the person’s health, established therapeutic relationship, or clinical need.

 (m) Prima facie evidence of good cause not to place a child with an adult family member or family friend under AS 47.10.088(i) or under (e) of this section includes the failure to meet the requirements for a foster care license under AS 47.32 and regulations adopted under AS 47.32, taking into account a waiver, variance, or exemption allowed under AS 47.32.030(a)(3) and 47.32.032. Prima facie evidence of good cause not to place a child with an adult family member or adult family friend does not include poverty or inadequate or crowded housing. If the department denies a request for placement with an adult family member or a family friend, the department shall inform the adult family member or family friend of the basis for the denial and the right to request a hearing to review the decision. A non-party adult family member or family friend requesting a review hearing under AS 47.10.088(i) or under (e) of this section is not eligible for publicly appointed legal counsel.

 (n) Except as provided in (o) and (p) of this section, the department shall continue to search for a suitable adoptive or permanent legal guardianship for a child or person who is in the custody of the state and who is under 21 years of age.

 (o) The department may recommend to the court another planned permanent living arrangement for a child who is in state custody only if
     (1) the child is 16 years of age or older;

     (2) the department has unsuccessfully made intensive efforts to find a permanent placement for the child; and

     (3) the department, after considering reunification, adoption, legal guardianship, or permanent placement with a fit and willing relative, determines that there is a compelling reason that the most appropriate permanency plan for the child is placement in another planned permanent living arrangement, and the department documents for the court the compelling reason for the alternate plan.

 (p) The department may release from state custody a child or person who has been committed to the custody of the department, before the custody is ordered to end, only if the person, if the person is 19 years of age or older, consents, or
     (1) the child or person, if the child or person is over 16 years of age and available, and the guardian ad litem are notified not less than 30 days before a motion for release is filed unless the parties agree to a shorter notice period;

     (2) the department files a motion with the court for release of state custody that describes the reasons the release is in the best interest of the child or person; and

     (3) a court makes a written finding that release from state custody is in the best interest of the child or person.

 (q) When custody of a child who has been committed to the custody of the department is due to expire, the department shall file a notice of release with the court 30 days before the date of release unless the parties agree to a shorter notice period and distribute the notice to the parties, including the child if the child is 16 years of age or older and available.

 (r) The department shall make reasonable efforts to place siblings in the same placement if the siblings are residing in the same home when taken into the custody of the department. If siblings are not placed together after reasonable efforts have been made, the case supervisor for the division with responsibility over the custody of children shall document in the file the efforts that were made and the reason separating the siblings for placement purposes is in the best interest of the children. In this subsection, “sibling” means two or more persons who are related by blood, adoption, or marriage as a child of one or both parents.

 (s) As used in (o) of this section, “compelling reason” may include circumstances in which
     (1) the child has specifically requested that emancipation be established;

     (2) a parent and child have a significant bond, but the parent is unable to care for the child because of an emotional or physical disability, and the child’s foster parents have committed to raising the child to the age of majority and to facilitating visitation with the disabled parent.

 (t) In this section,
     (1) “adult family member” has the meaning given in AS 47.10.990;

     (2) “another planned permanent living arrangement” means a permanent living arrangement for a child who is committed to the custody of the department under AS 47.10.080(c)(1) that is an alternative to permanent placement with an adult family member, and to reunification, adoption, and legal guardianship.

     (3) “family friend,” as used in (e) of this section, includes, in the case of an Indian child, a member of the Indian child’s tribe, a member of the tribe in which the child’s biological parent is a member, and another Indian family member.




Sec. 47.14.110. Department inspections; reports by foster homes and institutions.
 (a) A representative of the department shall visit, as often as is considered necessary, every foster home or institution in which a child is placed, and, if not satisfied as to the care given, may remove the child from the foster home or institution and place the child elsewhere.

 (b) The person or institution receiving a child shall submit the reports the department requires as to the education, health, and welfare of the child and the conditions under which the child is living.




Sec. 47.14.115. Training of foster parents.
If the department has placed a child in a foster home, the department shall, no less often than once quarterly, make available training that will assist the foster parent or parents in providing care that will meet the needs of the child placed in the home and the requirements established by the department in regulation.


Sec. 47.14.120. Standards of care.
The department shall establish standards of care and adopt regulations desirable for the welfare of every child under its care.


Sec. 47.14.130. Payment of costs.
The department shall pay the proper and necessary costs of the court and witnesses and other expenses necessarily incurred in the enforcement of AS 47.14.100 — 47.14.130.


Article 3. Citizen Review Panel.


Sec. 47.14.200. Citizens’ Foster Care Review Board. [Repealed, § 74 ch 35 SLA 2003.]
Sec. 47.14.205. State Citizen Review Panel.
 (a) There is established within the department a Citizen Review Panel. The panel shall be composed of volunteer members who are broadly representative of the state, including members who have expertise in the prevention and treatment of child abuse and neglect.

 (b) The panel shall meet not less than once every three months. Meetings may take place telephonically.




Sec. 47.14.210. Citizens’ Foster Care Review Board. [Repealed, § 74 ch 35 SLA 2003.]
Sec. 47.14.215. Duties of the state panel.
 (a) The state panel shall evaluate the extent to which the department is effectively discharging its child protection responsibilities under
     (1) the state plan submitted to the United States Department of Health and Human Services under 42 U.S.C. 5106a(b);

     (2) child protection standards under federal and state laws; and

     (3) any other criteria that the panel considers important to ensuring the protection of children, including the level and efficiency of coordination of foster care and adoption programs in the state and a review of child fatalities and near fatalities.

 (b) In carrying out the responsibilities under (a) of this section, the state panel shall examine the policies, procedures, and practices of the department, and, where appropriate, evaluate specific cases of child abuse or neglect.

 (c) The commissioner shall, by regulation, establish policies and procedures necessary to carrying out the duties of the state panel under this section.




Sec. 47.14.220. Citizens’ Foster Care Review Board. [Repealed, § 74 ch 35 SLA 2003.]
Sec. 47.14.225. Cooperation with state panel.
 (a) The department shall provide the panel access to information on child abuse or neglect cases that is necessary for the panel to carry out its duties under AS 47.14.215.

 (b) The department shall serve as staff to the state panel as requested by the panel members.




Sec. 47.14.230. Citizens’ Foster Care Review Board. [Repealed, § 74 ch 35 SLA 2003.]
Sec. 47.14.235. Confidentiality.
 (a) A person attending a meeting of the state panel or a member or staff of the state panel may not make any disclosure related to information obtained during a review by the state panel unless authorized under AS 47.10.092 or 47.10.093.

 (b) Meetings of the state panel are subject to AS 44.62.310 — 44.62.319 (Open Meetings Act).




Sec. 47.14.240. Citizens’ Foster Care Review Board. [Repealed, § 74 ch 35 SLA 2003.]
Sec. 47.14.245. Public outreach.
The state panel shall conduct public outreach and gather public comment on current department procedures and practices involving children and family services.


Sec. 47.14.250. Citizens’ Foster Care Review Board. [Repealed, § 74 ch 35 SLA 2003.]
Sec. 47.14.255. Report.
 (a) The state panel shall prepare and make available to the governor, the legislature, and the public an annual report containing a summary of the activities of the panel conducted under AS 47.14.205 — 47.14.295 and recommendations for the improvement of child protection services in the state.

 (b) Not later than six months after the date on which the report is released under (a) of this section, the department shall submit a written response to the report. The department’s response must include a description of whether and how the department will incorporate the recommendations of the panel, where appropriate.




Sec. 47.14.260. Citizens’ Foster Care Review Board. [Repealed, § 74 ch 35 SLA 2003.]
Sec. 47.14.265. Civil penalty for violation of AS 47.14.235.
A violation under AS 47.14.235 is subject to a civil penalty of up to $2,500 for each violation.


Sec. 47.14.270. Citizens’ Foster Care Review Board. [Repealed, § 74 ch 35 SLA 2003.]
Sec. 47.14.275. Immunity.
A member of the state panel and a person who furnishes services to or advises the state panel is not liable for damages or other relief in an action involving the performance or failure to perform a duty or other activity of the state panel.


Sec. 47.14.280. Citizens’ Foster Care Review Board. [Repealed, § 74 ch 35 SLA 2003.]
Sec. 47.14.295. Definitions.
In AS 47.14.205 — 47.14.295,
     (1) “near fatality” has the meaning given in AS 47.10.990;

     (2) “state panel” means the Citizen Review Panel established under AS 47.14.205.




Sec. 47.14.299. Citizens’ Foster Care Review Board. [Repealed, § 74 ch 35 SLA 2003.]

Article 4. Multidisciplinary Child Protection Teams.


Sec. 47.14.300. Multidisciplinary child protection teams.
 (a) The department, a state or municipal agency with expertise in child abuse or neglect, or a tribe recognized by the United States Secretary of the Interior to exist as an Indian tribe under 25 U.S.C. 479a (Federally Recognized Indian Tribe List Act of 1994) with expertise in child abuse or neglect, in partnership with the department, may facilitate the initial establishment of a multidisciplinary child protection team. The purpose of a team is to assist in the evaluation and investigation of reports of child abuse or neglect, as defined in AS 47.17.290, made under AS 47.17 or initiated by the department or a law enforcement agency and to provide consultation and coordination for agencies involved in child-in-need-of-aid cases under AS 47.10. The multidisciplinary child protection teams shall
     (1) ensure that investigations involving child abuse or neglect are coordinated and conducted by trained investigators;

     (2) take and recommend steps to avoid duplicative interviews of children;

     (3) assist in the reduction of trauma to a child and family involved in an investigation of child abuse or neglect; and

     (4) review records, provide consultation, and make recommendations to the department pertaining to a child-in-need-of-aid case under AS 47.10 referred to the team by a team member.

 (b) A team shall be made up of
     (1) an employee of the child protection office in the department who has expertise in child abuse and neglect;

     (2) a peace officer, as defined in AS 11.81.900;

     (3) one or more staff members of a local child advocacy center, if a center is located in the relevant area;

     (4) a medical care provider licensed under AS 08 who has received training in child abuse assessment;

     (5) a counselor, social worker, psychologist, or physician who specializes in mental health care, is licensed under AS 08, and has knowledge of child abuse dynamics;

     (6) a prosecutor of child abuse cases or a designee of a prosecutor of child abuse cases;

     (7) a victim advocate with knowledge of child abuse dynamics;

     (8) other persons with expertise in child abuse and neglect invited to serve as needed by consensus of the team as follows:
          (A) child development specialists;

          (B) educators;

          (C) victim counselors as defined in AS 18.66.250;

          (D) experts in the assessment and treatment of substance abuse;

          (E) an attorney who specializes in child protection in the attorney general’s office;

          (F) a representative of an Indian tribe, as defined in 25 U.S.C. 1903(8) (Indian Child Welfare Act), as designated by the tribe;

          (G) guardians ad litem; and

          (H) a representative of the division in the department with jurisdiction over juvenile justice.

 (c) A team may meet, review records, and conduct business in the absence of one or more members of the team. When a case is referred to the team, the department shall make available to the team records pertaining to the case prepared by or in the possession of the department, including appropriate confidential records under AS 47.10.093(b). A member of the team may use or disclose records made available by the department under this subsection only as necessary for the performance of the member’s duties. The team may make recommendations to the department on appropriate planning for the case.

 (d) Except for a public report issued by a team that does not contain confidential information, records or other information collected by the team or a member of the team related to duties under this section are confidential and not subject to public disclosure under AS 40.25.100 and 40.25.110.

 (e) A team shall meet at least monthly and may meet more often as needed. Meetings of a team are closed to the public and are not subject to the provisions of AS 44.62.310 — 44.62.319 (Open Meetings Act).

 (f) The determinations, conclusions, and recommendations of a team or its members are not admissible in a civil or criminal proceeding. A member may not be compelled to disclose a determination, conclusion, recommendation, discussion, or thought process through discovery or testimony in a civil or criminal proceeding. Records and information collected by the team are not subject to discovery or subpoena in connection with a civil or criminal proceeding.

 (g) Notwithstanding (f) of this section, an employee of the department may testify in a civil or criminal proceeding concerning cases reviewed by a team even though the department’s records were reviewed by a team and formed the basis of that employee’s testimony and the team’s report.

 (h) A person who serves on a multidisciplinary child protection team is not liable for damage or other relief in an action brought by the reason of the performance of a duty, a function, or an activity of the team.

 (i) In this section, “team” means a multidisciplinary child protection team created under (a) and (b) of this section.




Article 5. Alaska Higher Education Savings Program for Children.


Sec. 47.14.400. Higher education savings program.
 (a) The department shall administer a program to encourage investment by a person or entity in the higher education of eligible children in the state. The program must include
     (1) a central office, dedicated to faith-based and community services, for development and marketing of the program;

     (2) a mechanism for the department to establish and maintain a University of Alaska college savings plan under AS 14.40.802 — 14.40.817 for an eligible child who is a beneficiary of the program;

     (3) a process for identifying donors and eligible beneficiaries;

     (4) a process for distributing nonidentifying information about an eligible beneficiary to a potential donor, including the age, sex, and general location of the beneficiary, unless the information readily leads to the identification of the eligible beneficiary;

     (5) terms and conditions for participation in the program that are consistent with the University of Alaska college savings plan restrictions and with federal law pertaining to higher education savings accounts; and

     (6) a procedure for monitoring success of the program, for record keeping, and for maintaining confidentiality of records as required by federal and state law.

 (b) A person is eligible for participation in the higher education savings program for children as a beneficiary if the person was ordered committed to the custody of the department under AS 47.10.080(c) or AS 47.12.120(b)(1) or (3), was placed in out-of-home care for not less than two years, and is a resident of the state.

 (c) The commissioner of health and social services or the commissioner’s designee may name a new beneficiary to an existing college savings plan established under (a) of this section if the new designation is not prohibited under federal law or under the University of Alaska college savings plan and if the named beneficiary dies, fails to enroll in an eligible program before the beneficiary becomes 30 years of age, or fails to meet conditions established in regulations adopted by the commissioner of health and social services.

 (d) Identifying information of a beneficiary contained in records related to the program is confidential.

 (e) In this section,
     (1) “beneficiary” has the meaning given in AS 14.40.802;

     (2) “college savings plan” means a postsecondary education savings program or advance college tuition savings contract established under AS 14.40.802 — 14.40.817;

     (3) “donor” means the person or entity who contributes to the higher education savings program for children for the purpose of establishing or contributing to a college savings account established for a child under this section;

     (4) “out-of-home care” means care at the residence or facility at which a child is placed by the state, and does not include care at the residence from which the child was removed.




Article 6. General Provisions.


Sec. 47.14.980. Grants-in-aid.
The department may accept grants-in-aid from the federal government or private foundations and may accept other gifts consistent with the purposes of this chapter.


Sec. 47.14.990. Definitions.
In this chapter, unless the context otherwise requires,
     (1) “care” or “caring” under AS 47.14.100(c) means to provide for the physical, emotional, mental, and social needs of the child;

     (2) “child in need of aid” means a child found to be within the jurisdiction of the court under AS 47.10.010 and 47.10.011;

     (3) “court” means the superior court of the state;

     (4) “criminal justice information” has the meaning given in AS 12.62.900;

     (5) “delinquent minor” means a minor found to be within the jurisdiction of the court under AS 47.12.020;

     (6) “department” means the Department of Health and Social Services;

     (7) “juvenile detention facility” means separate quarters within a city jail used for the detention of delinquent minors;

     (8) “juvenile detention home” or “detention home” is a separate establishment, exclusively devoted to the detention of minors on a short-term basis and not a part of an adult jail;

     (9) “juvenile work camp” means a separate residential establishment, exclusively devoted to the detention of minors, in which the minors who are 16 years of age or older and committed to the custody of the department and placed in the facility may be required to labor on the buildings and grounds or perform any other work or engage in any activities that do not conflict with regulations adopted by the department under this chapter for the care, rehabilitation, education, and discipline of minors in detention;

     (10) “minor” means a person under 18 years of age;

     (11) “treatment institution” means a hospital, clinic, institution, center, or other health care facility that has been designated by the department for the treatment of juveniles.




Chapter 15. Uniform Interstate Compact on Juveniles.

Sec. 47.15.010. Execution of interstate compact.
The governor shall execute a compact on the behalf of the state with any other state or states legally joining in it in substantially the following form:


Sec. 47.15.020. Juvenile compact administrator.
Under the compact established under AS 47.15.010, the commissioner of health and social services may designate an officer as the compact administrator. The compact administrator shall cooperate with all departments, agencies, and officers of and in the government of this state and its subdivisions in facilitating the proper administration of the compact or of a supplementary agreement entered into by this state.


Sec. 47.15.025. State council.
The State Council for Interstate Adult and Juvenile Offender Supervision created in AS 33.36.140 shall serve as the state council under AS 47.15.010.


Sec. 47.15.030. Supplementary agreements.
The compact administrator may make supplementary agreements with appropriate officials of other states pursuant to the compact. If a supplementary agreement requires or contemplates the use of an institution or facility of this state or requires or contemplates the provision of a service of this state, the supplementary agreement has no force or effect until approved by the head of the department or agency under whose jurisdiction the institution is operated, or whose department or agency is charged with performing the service.


Sec. 47.15.035. Regulations.
The Department of Health and Social Services may adopt regulations to implement the provisions of this chapter.


Sec. 47.15.040. Financial arrangements.
The compact administrator, subject to the approval of the commissioner of administration, may make or arrange for the payments necessary to discharge the financial obligations imposed upon this state by the compact or by a supplementary agreement made under the compact.


Sec. 47.15.050. Appointment of attorney or guardian. [Repealed, § 10 ch 37 SLA 2009.]
Sec. 47.15.060. Enforcement.
The courts, departments, agencies and officers of this state and its subdivisions shall enforce this compact and shall do all things appropriate to the effectuation of its purposes and intent which are within their respective jurisdiction.


Sec. 47.15.070. Additional procedures not precluded.
In addition to the procedures provided under AS 47.15.010 for the return of a runaway juvenile, the states that are participants to the compact, the juvenile, the juvenile’s parents or other legal custodian, or the courts of the participating states may agree upon and adopt any plan or procedure legally authorized under the laws of this state and the other respective party states for the return of the runaway juvenile.


Sec. 47.15.080. Short title.
This chapter may be cited as the Interstate Compact for Juveniles.


Chapter 17. Child Protection.

Sec. 47.17.010. Purpose.
To protect children whose health and well-being may be adversely affected through the infliction, by other than accidental means, of harm through physical injury or neglect, mental injury, sexual abuse, sexual exploitation, or maltreatment, the legislature requires the reporting of these cases by practitioners of the healing arts and others to the department. It is not the intent of the legislature that persons required to report suspected child abuse or neglect under this chapter investigate the suspected child abuse or neglect before they make the required report to the department. Reports must be made when there is a reasonable cause to suspect child abuse or neglect in order to make state investigative and social services available in a wider range of cases at an earlier point in time, to make sure that investigations regarding child abuse and neglect are conducted by trained investigators, and to avoid subjecting a child to duplicative interviews about the abuse or neglect. It is the intent of the legislature that, as a result of these reports, protective services will be made available in an effort to
     (1) prevent further harm to the child;

     (2) safeguard and enhance the general well-being of children in this state; and

     (3) preserve family life unless that effort is likely to result in physical or emotional damage to the child.




Sec. 47.17.020. Persons required to report.
 (a) The following persons who, in the performance of their occupational duties, their appointed duties under (8) of this subsection, or their volunteer duties under (9) of this subsection, have reasonable cause to suspect that a child has suffered harm as a result of child abuse or neglect shall immediately report the harm to the nearest office of the department:
     (1) practitioners of the healing arts;

     (2) school teachers and school administrative staff members, including athletic coaches, of public and private schools;

     (3) peace officers and officers of the Department of Corrections;

     (4) administrative officers of institutions;

     (5) child care providers;

     (6) paid employees of domestic violence and sexual assault programs, and crisis intervention and prevention programs as defined in AS 18.66.990;

     (7) paid employees of an organization that provides counseling or treatment to individuals seeking to control their use of drugs or alcohol;

     (8) members of a child fatality review team established under AS 12.65.015(e) or 12.65.120 or the multidisciplinary child protection team created under AS 47.14.300.

 (9) volunteers who interact with children in a public or private school for more than four hours a week.

 (b) This section does not prohibit the named persons from reporting cases that have come to their attention in their nonoccupational capacities, nor does it prohibit any other person from reporting a child’s harm that the person has reasonable cause to suspect is a result of child abuse or neglect. These reports shall be made to the nearest office of the department.

 (c) If the person making a report of harm under this section cannot reasonably contact the nearest office of the department and immediate action is necessary for the well-being of the child, the person shall make the report to a peace officer. The peace officer shall immediately take action to protect the child and shall, at the earliest opportunity, notify the nearest office of the department.

 (d) This section does not require a religious healing practitioner to report as neglect of a child the failure to provide medical attention to the child if the child is provided treatment solely by spiritual means through prayer in accordance with the tenets and practices of a recognized church or religious denomination by an accredited practitioner of the church or denomination.

 (e) The department shall immediately notify the nearest law enforcement agency if the department
     (1) concludes that the harm was caused by a person who is not responsible for the child’s welfare;

     (2) is unable to determine
          (A) who caused the harm to the child; or

          (B) whether the person who is believed to have caused the harm has responsibility for the child’s welfare; or

     (3) concludes that the report involves
          (A) possible criminal conduct under AS 11.41.410 — 11.41.458; or

          (B) abuse or neglect that results in the need for medical treatment of the child.

 (f) If a law enforcement agency determines that a child has been abused or neglected and that (1) the harm was caused by a teacher or other person employed by the school or school district in which the child is enrolled as a student, (2) the harm occurred during an activity sponsored by the school or school district in which the child is enrolled as a student, or (3) the harm occurred on the premises of the school in which the child is enrolled as a student or on the premises of a school within the district in which the child is enrolled as a student, the law enforcement agency shall notify the chief administrative officer of the school or district in which the child is enrolled immediately after the agency determines that a child has been abused or neglected under the circumstances set out in this section, except that if the person about whom the report has been made is the chief administrative officer or a member of the chief administrative officer’s immediate family, the law enforcement agency shall notify the commissioner of education and early development that the child has been abused or neglected under the circumstances set out in this section. The notification must set out the factual basis for the law enforcement agency’s determination. If the notification involves a person in the teaching profession, as defined in AS 14.20.370, the law enforcement agency shall send a copy of the notification to the Professional Teaching Practices Commission.

 (g) A person required to report child abuse or neglect under (a) of this section who makes the report to the person’s job supervisor or to another individual working for the entity that employs the person is not relieved of the obligation to make the report to the department as required under (a) of this section.

 (h) This section does not require a person required to report child abuse or neglect under (a)(6) of this section to report mental injury to a child as a result of exposure to domestic violence so long as the person has reasonable cause to believe that the child is in safe and appropriate care and not presently in danger of mental injury as a result of exposure to domestic violence.

 (i) This section does not require a person required to report child abuse or neglect under (a)(7) of this section to report the resumption of use of an intoxicant as described in AS 47.10.011(10) so long as the person does not have reasonable cause to suspect that a child has suffered harm as a result of the resumption.

 (j) This section does not require an athletic coach who is an unpaid volunteer to report child abuse or neglect under (a)(2) of this section unless the coach
     (1) volunteers for more than
          (A) four hours a week for four consecutive weeks; or

          (B) 20 hours a week in a one-month period;

     (2) has received the training required under AS 47.17.022; and

     (3) has signed a form acknowledging that the coach is required to report child abuse or neglect under this section.




Sec. 47.17.022. Training.
 (a) A person employed by the state or by a school district who is required under this chapter to report abuse or neglect of children shall receive training on the recognition and reporting of child abuse and neglect.

 (b) Each department of the state and school district that employs persons required to report abuse or neglect of children shall provide
     (1) initial training required by this section to each new employee within 45 days after the first day of employment, and to any existing employee who has not received equivalent training; and

     (2) appropriate in-service training required by this section as determined by the department or school district.

 (c) Each department and school district that must comply with (b) of this section shall develop a training curriculum that acquaints its employees with
     (1) laws relating to child abuse and neglect;

     (2) techniques for recognition and detection of child abuse and neglect;

     (3) agencies and organizations within the state that offer aid or shelter to victims and the families of victims of child abuse or neglect;

     (4) procedures for required notification of suspected abuse or neglect;

     (5) the role of a person required to report child abuse or neglect and the employing agency after the report has been made; and

     (6) a brief description of the manner in which cases of child abuse or neglect are investigated by the department and law enforcement agencies after a report of suspected abuse or neglect.

 (d) Each department and school district that must comply with (b) of this section shall file a current copy of its training curriculum and materials with the Council on Domestic Violence and Sexual Assault. A department or school district may seek the technical assistance of the council or the Department of Health and Social Services in the development of its training program.

 (e) Each school district that provides training under this section shall provide notice to public and private schools located in the school district of the availability of the training and invite volunteers who are required to report abuse or neglect of children under AS 47.17.020 to participate in the training at no cost to the volunteer.




Sec. 47.17.023. Reports from certain persons regarding child pornography.
A person providing, either privately or commercially, film, photo, or visual or printed matter processing, production, or finishing services or computer installation, repair, or other services, or Internet or cellular telephone services who, in the process of providing those services, observes a film, photo, picture, computer file, image, or other matter and has reasonable cause to suspect that the film, photo, picture, computer file, image, or other matter visually depicts a child engaged in conduct described in AS 11.41.455(a) shall immediately report the observation to the nearest law enforcement agency and provide the law enforcement agency with all information known about the nature and origin of the film, photo, picture, computer file, image, or other matter.


Sec. 47.17.024. Duties of practitioners of the healing arts.
 (a) A practitioner of the healing arts involved in the delivery or care of an infant who the practitioner determines has been adversely affected by, or is withdrawing from exposure to, a controlled substance or alcohol shall immediately notify the nearest office of the department of the infant’s condition.

 (b) In this section,
     (1) “controlled substance” has the meaning given in AS 11.71.900, but does not include a substance lawfully taken under a prescription from a health care provider who is authorized to prescribe the substance;

     (2) “infant” means a child who is less than 12 months of age.




Sec. 47.17.025. Duties of public authorities.
 (a) A law enforcement agency shall immediately notify the department of the receipt of a report of harm to a child from abuse. Upon receipt from any source of a report of harm to a child from abuse, the department shall notify the Department of Law and investigate the report and, within 72 hours of the receipt of the report, shall provide a written report of its investigation of the harm to a child from abuse to the Department of Law for review.

 (b) The report of harm to a child from abuse required from the department by this section must include:
     (1) the names and addresses of the child and the child’s parent or other persons responsible for the child’s care, if known;

     (2) the age and sex of the child;

     (3) the nature and extent of the harm to the child from abuse;

     (4) the name and age and address of the person known or believed to be responsible for the harm to the child from abuse, if known;

     (5) information that the department believes may be helpful in establishing the identity of the person believed to have caused the harm to the child from abuse.

 (c) Within 20 days after receiving a report of harm, whether or not the matter is referred to a local government agency, the department shall notify the person who made the report and who made a request to be notified about the status of the investigation, without disclosing any confidential information.




Sec. 47.17.027. Duties of school officials.
 (a) If the department or a law enforcement agency provides written certification to the child’s school officials that (1) there is reasonable cause to suspect that the child has been abused or neglected by a person responsible for the child’s welfare or as a result of conditions created by a person responsible for the child’s welfare; (2) an interview at school is a necessary part of an investigation to determine whether the child has been abused or neglected; and (3) the interview at school is in the best interests of the child, school officials shall permit the child to be interviewed at school by the department or a law enforcement agency before notification of, or receiving permission from, the child’s parent, guardian, or custodian. A school official shall be present during an interview at the school unless the child objects or the department or law enforcement agency determines that the presence of the school official will interfere with the investigation. The interview shall be conducted as required under AS 47.17.033. Immediately after conducting an interview authorized under this section, and after informing the child of the intention to notify the child’s parent, guardian, or custodian, the department or agency shall make every reasonable effort to notify the child’s parent, guardian, or custodian that the interview occurred unless it appears to the department or agency that notifying the child’s parent, guardian, or custodian would endanger the child.

 (b) A school official who, with criminal negligence, discloses information learned during an interview conducted under (a) of this section is guilty of a class B misdemeanor.




Sec. 47.17.030. Action on reports; termination of parental rights.
 (a) If a child, concerning whom a report of harm is made, is believed to reside within the boundaries of a local government exercising health functions for the area in which the child is believed to reside, the department may, upon receipt of the report, refer the matter to the appropriate health or social services agency of that local government. For cases not referred to an agency of a local government, the department shall, for each report received, investigate and take action, in accordance with law, that may be necessary to prevent further harm to the child or to ensure the proper care and protection of the child.

 (b) A local government health or social services agency receiving a report of harm shall, for each report received, investigate and take action, in accordance with law, that may be necessary to prevent further harm to the child or to ensure the proper care and protection of the child. In addition, the agency receiving a report of harm shall forward a copy of its report of the investigation, including information the department requires by regulation, to the department.

 (c) Action shall be taken regardless of whether the identity of the person making the report of harm is known.

 (d) Before the department or a local government health or social services agency may seek the termination of parental rights under AS 47.10, it shall offer protective social services and pursue all other reasonable means of protecting the child.

 (e) In all actions taken by the department or a health and social services agency of a local government under this chapter that result in a judicial proceeding, the child shall be represented by a guardian ad litem in that proceeding. Appointment of a guardian ad litem shall be made in accordance with AS 25.24.310.

 (f) If an investigation under this section shows reasonable cause to believe that a certified nurse aide has committed abuse, neglect, or misappropriation of property, the department shall report the matter to the Board of Nursing.




Sec. 47.17.033. Investigations and interviews.
 (a) In investigating child abuse and neglect reports under this chapter, the department may make necessary inquiries about the criminal records of the parents or of the alleged abusive or neglectful person, including inquiries about the existence of a criminal history record involving a serious offense as defined in AS 12.62.900.

 (b) For purposes of obtaining access to information needed to conduct the inquiries required by (a) of this section, the department is a criminal justice agency conducting a criminal justice activity.

 (c) An investigation by the department or another investigating agency of child abuse or neglect reported under this chapter shall be conducted by a person trained to conduct a child abuse and neglect investigation and without subjecting a child to duplicative interviews about the abuse or neglect except when new information is obtained that requires further information from the child.

 (d) An interview of a child conducted as a result of a report of harm may be audiotaped or videotaped. If an interview of a child concerns a report of sexual abuse of the child by a parent or caretaker of the child, the interview shall be videotaped, unless videotaping the interview is not feasible or will, in the opinion of the investigating agency, result in trauma to the child.

 (e) An interview of a child that is audiotaped or videotaped under (d) of this section shall be conducted
     (1) by a person trained and competent to conduct the interview;

     (2) if available, at a child advocacy center; and

     (3) by a person who is a party to a memorandum of understanding with the department to conduct the interview or who is employed by an agency that is authorized to conduct investigations.

 (f) An interview of a child may not be videotaped more than one time unless the interviewer or the investigating agency determines that one or more additional interviews are necessary to complete an investigation. If additional interviews are necessary, the additional interviews shall be conducted, to the extent possible, by the same interviewer who conducted the initial interview of the child.

 (g) A recorded interview of a child shall be preserved in the manner and for a period provided by law for maintaining evidence and records of a public agency.

 (h) A recorded interview of a child is subject to disclosure under the applicable court rules for discovery in a civil or criminal case.

 (i) The training required under (c) of this section must address the constitutional and statutory rights of children and families that apply throughout the investigation and department intervention. The training must inform department representatives of the applicable legal duties to protect the rights and safety of a child and the child’s family.

 (j) During a joint investigation by the department and a law enforcement agency, the department shall coordinate an investigation of child abuse or neglect with the law enforcement agency to ensure that the possibility of a criminal charge is not compromised.

 (k) Unless a law enforcement official prohibits or restricts notification under (j) of this section, at the time of initial contact with a person alleged to have committed child abuse or neglect, the department shall notify the person of the specific complaint or allegation made against the person, except that the identity of the complainant may not be revealed.

 (l) In this section, “child advocacy center” means a facility operated with a child-focused, community partnership committed to a multidisciplinary team approach that includes representatives from law enforcement, child protection, criminal prosecution, victim advocacy, and the medical and mental health fields who collaborate and assist in investigating allegations of sexual or other abuse and neglect of children.




Sec. 47.17.035. Duties of department in domestic violence cases.
 (a) In consultation with the Council on Domestic Violence and Sexual Assault, the department shall develop written procedures for screening reports of harm for abuse and neglect of a child to assess whether there is domestic violence occurring within the family. The procedures must include the following factors:
     (1) inquiry concerning the criminal records of the parents or of the alleged abusive or neglectful person or the alleged perpetrator if not the parent of the child; and

     (2) inquiry concerning the existence of protective orders issued or filed under AS 18.66.100 — 18.66.180 involving either parent as a petitioner or respondent.

 (b) If the department determines in an investigation of abuse or neglect of a child that
     (1) the child is in danger because of domestic violence or that the child needs protection as a result of the presence of domestic violence in the family, the department shall take appropriate steps for the protection of the child; in this paragraph, “appropriate steps” includes
          (A) reasonable efforts to protect the child and prevent the removal of the child from the parent or guardian who is not a domestic violence offender;

          (B) reasonable efforts to remove the alleged domestic violence offender from the child’s residence if it is determined that the child or another family or household member is in danger of domestic violence; and

          (C) services to help protect the child from being placed or having unsupervised visitation with the domestic violence offender until the department determines that the offender has met conditions considered necessary by the department to protect the safety of the domestic violence victim and household members;

     (2) a person is the victim of domestic violence, the department shall provide the victim with a written notice of the rights of and services available to victims of domestic violence that is substantially similar to the notice provided to victims of domestic violence under AS 18.65.520.

 (c) For purposes of obtaining access to information needed to conduct the inquiries required by (a)(1) and (2) of this section, the department is a criminal justice agency conducting a criminal justice activity.

 (d) A person may not bring a civil action for damages for a failure to comply with the provisions of this section.

 (e) In this section,
     (1) “criminal justice activity” has the meaning given in AS 12.62.900;

     (2) “criminal justice agency” has the meaning given in AS 12.62.900;

     (3) “domestic violence” has the meaning given in AS 18.66.990.




Sec. 47.17.040. Central registry; confidentiality.
 (a) The department shall maintain a central registry of all investigation reports but not of the reports of harm.

 (b) Investigation reports and reports of harm filed under this chapter are considered confidential and are not subject to public inspection and copying under AS 40.25.110 and 40.25.120. However, in accordance with department regulations, investigation reports may be used by appropriate governmental agencies with child-protection functions, inside and outside the state, in connection with investigations or judicial proceedings involving child abuse, neglect, or custody. A person, not acting in accordance with department regulations, who with criminal negligence makes public information contained in confidential reports is guilty of a class B misdemeanor.




Sec. 47.17.050. Immunity.
 (a) Except as provided in (b) of this section, a person who, in good faith, makes a report under this chapter, permits an interview under AS 47.17.027, or participates in judicial proceedings related to the submission of reports under this chapter, is immune from civil or criminal liability that might otherwise be incurred or imposed for making the report or permitting the interview, except that a person who knowingly makes an untimely report is not immune from civil or criminal liability based on the delay in making the report.

 (b) Notwithstanding (a) of this section, a person accused of committing the child abuse or neglect is not immune from civil or criminal liability for the child abuse or neglect as a result of reporting the child abuse or neglect.




Sec. 47.17.060. Evidence not privileged.
Neither the physician-patient nor the husband-wife privilege is a ground for excluding evidence regarding a child’s harm, or its cause, in a judicial proceeding related to a report made under this chapter.


Sec. 47.17.064. Photographs and x-rays.
 (a) The department or a practitioner of the healing arts may, without the permission of the parents, guardian, or custodian, take the following actions with regard to a child who the department or practitioner has reasonable cause to suspect has suffered physical harm as a result of child abuse or neglect:
     (1) take or have taken photographs of the areas of trauma visible on the child; and

     (2) if medically indicated, have a medical or radiological examination of the child performed by a person who is licensed to administer the examination.

 (b) The department or a practitioner of the healing arts shall notify the parents, guardian, or custodian of a child as soon as possible after taking action under (a) of this section with regard to the child.




Sec. 47.17.068. Penalty for failure to report.
A person who fails to comply with the provisions of AS 47.17.020 or 47.17.023 and who knew or should have known that the circumstances gave rise to the need for a report, is guilty of a class A misdemeanor.


Sec. 47.17.069. Protective injunctions.
 (a) A court may enjoin or limit a person from contact with a child if the attorney general establishes by a preponderance of the evidence that the person
     (1) has sexually abused a child;

     (2) has physically abused a child; or

     (3) has engaged in conduct that constitutes a clear and present danger to the mental, emotional, or physical welfare of a child.

 (b) This section does not limit the authority of the attorney general or the court to act to protect a child.




Sec. 47.17.070. [Renumbered as AS 47.17.290.]
Sec. 47.17.290. Definitions.
In this chapter,
     (1) “athletic coach” means
          (A) a paid leader or assistant of a sports team; or

          (B) a volunteer leader or assistant of a sports team who volunteers as a leader or assistant of a sports team for more than four hours a week;

     (2) “child” means a person under 18 years of age;

     (3) “child abuse or neglect” means the physical injury or neglect, mental injury, sexual abuse, sexual exploitation, or maltreatment of a child under the age of 18 by a person under circumstances that indicate that the child’s health or welfare is harmed or threatened thereby; in this paragraph, “mental injury” means an injury to the emotional well-being, or intellectual or psychological capacity of a child, as evidenced by an observable and substantial impairment in the child’s ability to function;

     (4) “child care provider” means an adult individual, including a foster parent or an employee of an organization, who provides care and supervision to a child for compensation or reimbursement;

     (5) “criminal negligence” has the meaning given in AS 11.81.900;

     (6) “department means the Department of Health and Social Services;

     (7) “immediately” means as soon as is reasonably possible, and no later than 24 hours;

     (8) “institution” means a private or public hospital or other facility providing medical diagnosis, treatment, or care;

     (9) “maltreatment” means an act or omission that results in circumstances in which there is reasonable cause to suspect that a child may be a child in need of aid, as described in AS 47.10.011, except that, for purposes of this chapter, the act or omission need not have been committed by the child’s parent, custodian, or guardian;

     (10) “mental injury” means a serious injury to the child as evidenced by an observable and substantial impairment in the child’s ability to function in a developmentally appropriate manner and the existence of that impairment is supported by the opinion of a qualified expert witness;

     (11) “neglect” means the failure by a person responsible for the child’s welfare to provide necessary food, care, clothing, shelter, or medical attention for a child;

     (12) “organization” means a group or entity that provides care and supervision for compensation to a child not related to the caregiver, and includes a child care facility, pre-elementary school, head start center, child foster home, residential child care facility, recreation program, children’s camp, and children’s club;

     (13) “person responsible for the child’s welfare” means the child’s parent, guardian, foster parent, a person responsible for the child’s care at the time of the alleged child abuse or neglect, or a person responsible for the child’s welfare in a public or private residential agency or institution;

     (14) “practitioner of the healing arts” includes athletic trainers, chiropractors, mental health counselors, social workers, dental hygienists, dentists, health aides, nurses, nurse practitioners, certified nurse aides, occupational therapists, occupational therapy assistants, optometrists, osteopaths, naturopaths, physical therapists, physical therapy assistants, physicians, physician’s assistants, psychiatrists, psychologists, psychological associates, audiologists and speech-language pathologists licensed under AS 08.11, hearing aid dealers licensed under AS 08.55, marital and family therapists licensed under AS 08.63, behavior analysts, assistant behavior analysts, religious healing practitioners, acupuncturists, and surgeons;

     (15) “reasonable cause to suspect” means cause, based on all the facts and circumstances known to the person, that would lead a reasonable person to believe that something might be the case;

     (16) “school district” means a city or borough school district or regional educational attendance area;

     (17) “sexual exploitation” includes
          (A) allowing, permitting, or encouraging a child to engage in prostitution prohibited by AS 11.66.100 — 11.66.150, by a person responsible for the child’s welfare;

          (B) allowing, permitting, encouraging, or engaging in activity prohibited by AS 11.41.455(a), by a person responsible for the child’s welfare.




Article 1. Comprehensive Planning.


Chapter 18. Programs and Services Related to Adolescents.

Sec. 47.18.010. Development of statewide plan.
 (a) With the advice of the Alaska Human Relations Commission, the department shall develop a comprehensive statewide plan to ensure the effectiveness and efficiency of state programs that relate to the prevention of adolescent pregnancy and the provision of services to adolescent parents and their children under AS 47.18.100 — 47.18.140, and to peer counseling under AS 47.18.200.

 (b) The plan developed under (a) of this section must
     (1) review and include existing programs and services of state government;

     (2) examine and consider the achievements and experiences of projects that are similar to those authorized under AS 47.18.100 — 47.18.140 and 47.18.200;

     (3) give priority to the consolidation and improvement of existing programs;

     (4) make recommendations with regard to the need for new or expanded programs and services within the existing level of funding;

     (5) consider the findings and recommendations of the Alaska’s Adolescent Pregnancy and Parenthood Task Force; and

     (6) make recommendations concerning the incremental implementation of the plan.

 (c) The Department of Education and Early Development, the Department of Commerce, Community, and Economic Development, and the Department of Labor and Workforce Development shall assist the department in developing the plan required under (a) of this section. In addition, through appropriate means, the department shall solicit advice from teens, parents, educators, school administrators, taxpayers, civic groups, community organizations, Native organizations, officials of local governments, religious institutions, and other concerned persons about how state programs can be coordinated and operated in a manner that will enhance their effectiveness and efficiency in addressing the many needs associated with adolescent parenting, the prevention of adolescent pregnancies, and the provision of adolescent peer counseling.




Article 2. Public Information About Programs.


Sec. 47.18.050. Public awareness campaign.
 (a) The department shall develop and implement statewide a continuing public awareness campaign, including appropriate public forums and workshops, radio and television public service announcements, and press releases designed to
     (1) communicate to the public the scope and magnitude of the adolescent pregnancy and parenthood problem in the state;

     (2) encourage community activities that will educate adults and adolescents about the importance of reducing adolescent pregnancy;

     (3) enlist the active support and involvement of members of the public and community organizations in the development and implementation of community-based programs and activities to reduce adolescent pregnancy and assist adolescent parents in obtaining needed educational, vocational, and parenting skills.

 (b) A primary policy and objective of the public awareness campaign required under (a) of this section shall be to encourage adolescents to abstain from premarital sexual intimacy.




Article 3. Adolescent Pregnancy Projects.


Sec. 47.18.100. State funding authorized.
In order to encourage and support community-based initiatives to combat the many problems associated with adolescent pregnancy and parenthood, the department shall, from appropriations for that purpose, give grants or award contracts to fund a percentage of the cost of local projects designed to prevent adolescent pregnancy and assist adolescent parents in obtaining needed educational, vocational, and parenting skills.


Sec. 47.18.110. Eligible projects.
 (a) Projects funded under AS 47.18.100 shall be designed with a holistic approach that recognizes the interconnectedness of adolescent parenthood and a broad array of related circumstances, such as low self-esteem, domestic violence, substance abuse, economic security, financial responsibilities of having a child, cultural integrity, sources of adolescent stress, parenting skills, educational and vocational opportunities, and access to reproductive health services.

 (b) Projects funded under AS 47.18.100 may include one or more of the following types of activities:
     (1) family life education;

     (2) counseling services for adolescents who are, or who may think they are, pregnant or who want to avoid pregnancy;

     (3) prenatal care for pregnant adolescents;

     (4) job training and placement for adolescent parents;

     (5) educational and support services for adolescent parents;

     (6) other activities that, in the judgment of the department, are likely to have a tangible effect on combating a problem associated with adolescent pregnancy or parenthood.




Sec. 47.18.120. Applications for project funding.
 (a) A person or group seeking funding under AS 47.18.100 shall apply to the department on a form provided by the department.

 (b) When applying under (a) of this section, the applicant must demonstrate to the satisfaction of the department that the proposed project
     (1) has been designed with extensive assistance from local community members who represent a variety of interests, cultures, and perspectives on adolescent pregnancy and parenthood;

     (2) is based on sound research, to the maximum extent possible;

     (3) will maximize collaboration among all relevant agencies involved in the needs being addressed by the project;

     (4) includes an evaluation component to measure project effectiveness;

     (5) includes a public awareness campaign component.




Sec. 47.18.140. Promotion of program and projects.
 (a) The department shall take appropriate actions to publicize the availability of funds under AS 47.18.100 — 47.18.140.

 (b) The department shall annually conduct regional conferences or workshops across the state to
     (1) showcase the activities and achievements of projects funded under AS 47.18.100 — 47.18.140 for which the evaluation components have shown a high level of success;

     (2) encourage and support the replication of these successful projects; and

     (3) increase public awareness of the availability of state administered services and programs to address the many problems associated with adolescent pregnancy and parenthood.




Article 4. Adolescent Peer Counseling.


Sec. 47.18.200. Peer counselor program.
 (a) The department shall develop and implement a continuing statewide program of technical support and assistance to encourage school districts, municipalities, and nonprofit corporations incorporated under AS 10.20 that initiate implementation, or that are considering implementation, of adolescent peer counseling groups under adult supervision for
     (1) prevention of adolescent behavioral patterns that jeopardize physical and mental health and that hamper social, educational, and personal development; and

     (2) spreading information about services that are available to adolescents to help them with their health needs.

 (b) The program of technical support required under (a) of this section must include
     (1) suggested methods for maintaining a high level of adolescent, parental, and community support for peer counseling groups;

     (2) workshops, seminars, or other training opportunities for adolescent peer counselors and their adult leaders; this training must include sessions to
          (A) develop interpersonal communications skills;

          (B) teach accurate health information, emphasizing sexual development;

          (C) provide information about services that are available in the peer counselors’ areas and how those services can be obtained for pregnancy prevention, and prenatal care; and

          (D) encourage adolescents to avoid major risk-taking behavior and to reinforce responsible behavior and self control;

     (3) assistance in selecting appropriate resource materials for the groups;

     (4) recommended mechanisms for effectively monitoring and evaluating the activities and accomplishments of the groups; and

     (5) other similar services to assist and encourage school districts and municipalities in establishing and administering adolescent peer counseling groups.

 (c) In developing the program of technical support and assistance required under (a) of this section, the department shall review and consider the activities and accomplishments in other states that have developed peer counseling networks. The department shall solicit contributions of money and expertise from the private sector that may be available for this type of program.




Article 5. Foster Care Transition Program.


Sec. 47.18.300. Program authorized.
 (a) The department, in coordination with local public and private agencies, shall design, develop, and implement a foster care transition program to provide support and services to individuals who
     (1) reach or have reached the age of 16 or older while in state foster care and have not yet reached 23 years of age; and

     (2) meet other eligibility criteria established by the department under (b) of this section.

 (b) The department may adopt regulations to carry out the purposes of AS 47.18.300 — 47.18.390, including regulations establishing eligibility thresholds, standards, and limits for the program. The department shall develop the regulations in consultation with those public and private organizations considered necessary by the department.




Sec. 47.18.310. Program design.
The department, in coordination with local public and private agencies, shall design the program as a continuation of the training efforts related to independent living skills that were initiated when the state foster care recipients were identified as being likely to remain in state foster care until reaching the age of 18. The program design must require that program participants are directly involved in identifying the program activities that will prepare them for independent living.


Sec. 47.18.320. Program development.
 (a) Subject to the availability of an appropriation made for the purposes of AS 47.18.300 — 47.18.390, the program may provide
     (1) education and vocational training;

     (2) assistance in obtaining educational and vocational training;

     (3) career and employment services;

     (4) training in basic life skills;

     (5) housing and utility assistance;

     (6) mentoring and counseling; and

     (7) other appropriate services to complement the efforts of former state foster care recipients to achieve self-sufficiency.

 (b) In developing the program, the department shall cooperate with and coordinate the use of the resources available from other state and federal agencies designed to provide support and services consistent with the purposes of the program.

 (c) If appropriations to meet the purposes of this section are insufficient, the department shall submit a written report to the legislature advising the legislature of
     (1) the department’s efforts to use existing funds efficiently; and

     (2) the opportunities and services the department cannot provide under the existing appropriation level.




Sec. 47.18.330. Program implementation.
 (a) The department may implement the program through the award of contracts or grants to qualified entities to provide services under the program. The department may award contracts and grants if the contracts and grants further the purposes of and meet the requirements of AS 47.18.300 — 47.18.390 and applicable regulations adopted under those sections.

 (b) Contracts awarded under this section shall be administered in accordance with AS 47.05.015 and regulations adopted under that section. Grants awarded under this section shall be awarded using requirements established in regulations adopted under AS 47.18.300 — 47.18.390 that are substantially similar to those set out in AS 47.05.015 for contracts.




Sec. 47.18.390. Definitions.
In AS 47.18.300 — 47.18.390,
     (1) “program” means the foster care transition program authorized under AS 47.18.300 — 47.18.390;

     (2) “qualified entities” means municipalities, other political subdivisions of the state, nonprofit corporations formed under AS 10.20, churches and religious organizations, and incorporated and unincorporated entities operating within the state that meet the requirements established by the department in regulation;

     (3) “state foster care” means foster care, as defined in AS 47.10.990, that is provided to a person who is in the custody of the department under AS 47.10 and AS 47.12.




Article 6. General Provisions.


Sec. 47.18.900. Definition.
In this chapter, “department” means the Department of Health and Social Services.


Article 1. Services for Developmentally Delayed or Disabled Children.


Chapter 20. Special Services for Certain Children.

Secs. 47.20.005 — 47.20.020. Purpose; assistance. [Repealed, § 4 ch 77 SLA 1992.]
Secs. 47.20.030 — 47.20.040. Appropriations; purpose. [Repealed, § 6 ch 77 SLA 1978.]
Sec. 47.20.050. Definitions. [Repealed, § 4 ch 77 SLA 1992.]
Sec. 47.20.060. Purpose.
It is the purpose of AS 47.20.060 — 47.20.290 to
     (1) subject to the availability of funding, provide quality learning and related early intervention family support services to eligible children under the age of three who have developmental delays or disabilities and, on a discretionary basis, to those children under the age of three who are at risk of developmental delays or disabilities;

     (2) bring together and make optimal use of all available federal, state, local, and private resources for the benefit of children under the age of three with developmental delays or disabilities and their families;

     (3) expand and improve existing learning and early intervention services and to provide and arrange for comprehensive services through local agencies and statewide support programs.




Sec. 47.20.070. Establishment of early intervention services system program.
 (a) The department, with the assistance of the Governor’s Council on Disabilities and Special Education, shall establish a coordinated, comprehensive, statewide system of multidisciplinary interagency programs that provide appropriate early intervention services to eligible persons under AS 47.20.060 — 47.20.290.

 (b) The department is the lead agency for purposes of federal law with respect to the administration of the early intervention services system required under (a) of this section. The department shall establish and administer the system required under (a) of this section so that the state is eligible for the maximum available funding from public and private sources.

 (c) In connection with the system established under (a) of this section, the department shall
     (1) develop a state plan that identifies the best methods of providing services to children under the age of three with developmental delays or disabilities and their families and report to the governor on the extent to which that plan is being implemented in the state;

     (2) develop and implement an educational program concerning the nature and effects of developmental delays and disabilities;

     (3) serve as a clearinghouse for educational materials and information about developmental delays and disabilities;

     (4) organize and encourage training programs for persons who provide services to children under the age of three with developmental delays and disabilities and their families;

     (5) establish a training program for paraprofessionals who provide services to children under the age of three with developmental delays and disabilities and their families;

     (6) cooperate with other public and private agencies and individuals to facilitate the transition of children served in the early intervention system to the formal education system;

     (7) identify and use all public and private resources available to the state; and

     (8) monitor and evaluate the services provided to ensure the demonstrable effectiveness of the services and compliance with state and federal law and department policy regarding the provision of early intervention services.




Sec. 47.20.075. Grant authority.
The department may award grants for covered services to children and their families who are eligible under AS 47.20.060 — 47.20.290.


Sec. 47.20.080. Program eligibility.
 (a) A child and the child’s family are eligible for core early intervention services and additional early intervention services under AS 47.20.060 — 47.20.290 if the child is under the age of three and
     (1) experiencing developmental delay or disability; or

     (2) at risk of experiencing developmental delay or disability if early intervention services are not provided.

 (b) If the department estimates that funding available for services under AS 47.20.060 — 47.20.290 will be insufficient to provide services to all persons who are eligible under (a) of this section, the department shall eliminate coverage for services in the following order:
     (1) additional early intervention services for persons eligible under (a)(2) of this section;

     (2) additional early intervention services for persons eligible under (a)(1) of this section;

     (3) core early intervention services for persons eligible under (a)(2) of this section; and

     (4) core early intervention services for persons eligible under (a)(1) of this section.




Sec. 47.20.090. Finding and evaluating eligible participants.
 (a) The department shall establish a comprehensive system for finding children and their families who are eligible for services under AS 47.20.060 — 47.20.290. This child find system must
     (1) include a public awareness program focusing on early identification of developmentally delayed and disabled children under three years of age;

     (2) provide for participation by primary referral sources; and

     (3) include procedures with timelines for referral of eligible participants to service providers.

 (b) The department shall, within 45 days after a child’s referral for services under (a) of this section, ensure that all affected public agencies and service providers
     (1) provide for a comprehensive multidisciplinary evaluation of the functioning of the child and the needs of the child’s family so that the family can appropriately assist in the development of the child;

     (2) in consultation with the child’s parents, develop a written individualized service plan that identifies how the needs of the child and the family could be met.




Sec. 47.20.100. Individualized family service plan.
The individualized family service plan developed under AS 47.20.090(b)(2) shall be based on the evaluation conducted under AS 47.20.090(b)(1) and must include, subject to AS 47.20.080(b),
     (1) provisions for case management services to implement the plan, including the name of the case manager from the profession most immediately relevant to the child’s or family’s needs who will be responsible for the implementation of the plan and coordination with other agencies and persons;

     (2) a statement of the child’s present levels of physical development, cognitive development, language and speech development, psychosocial development, and self-help skills, based on appropriate objective criteria;

     (3) a description of the family’s concerns, priorities, and resources as they relate to the future enhancement of the child’s development;

     (4) a description of the specific early intervention services that will help meet the unique needs of the child and the family, including the frequency, intensity, and method with which the services should be delivered;

     (5) the projected dates for initiation of services and the anticipated duration of the services;

     (6) an outline of the major outcomes expected to be achieved for the child and the family along with the criteria, procedures, and timelines that will be used to determine the degree to which progress toward achieving the outcomes are being made and whether modifications or revisions of the outcomes or services are necessary; and

     (7) a statement of the steps that will be taken to support the transition of the child and the family to the use of services available under other appropriate programs, including programs for children who are three years of age or older.




Sec. 47.20.110. Other duties of the department.
 (a) The department shall adopt regulations necessary to implement AS 47.20.060 — 47.20.290, including regulations
     (1) for personnel development, including preservice and in-service training programs for providers of early intervention services;

     (2) to govern resolution of intra-agency and interagency disputes about the provision of services under AS 47.20.060 — 47.20.290 and the financial responsibility of the respective parties for those services;

     (3) that ensure that services are provided to children and their families in a timely manner pending the resolution of disputes among public agencies or service providers;

     (4) providing for due process with respect to the rights of children and parents who are eligible for services under AS 47.20.060 — 47.20.290; the regulations must provide that during the pendency of a complaint about a change in services, the child and family shall continue to receive the prior services unless the state and the family otherwise agree, or, if the complaint relates to an application for initial services, the child and family shall receive the services that are not in dispute; and

     (5) for the award of grants under AS 47.20.060 — 47.20.290.

 (b) The department shall establish a system for compiling data on the numbers of children and their families in the state who need early intervention services, the numbers being served, the types of services provided, and other information as required under federal law. Personally identifiable information obtained under AS 47.20.060 — 47.20.290 is confidential for purposes of AS 40.25.110 — 40.25.120.




Sec. 47.20.290. Definitions.
In AS 47.20.060 — 47.20.290,
     (1) “additional early intervention services” means
          (A) family training and counseling;

          (B) speech pathology and audiology;

          (C) occupational therapy;

          (D) physical therapy;

          (E) psychological services;

          (F) medical services only for diagnostic or evaluation purposes; and

          (G) health services for the child that are necessary to enable the child to benefit from the other early intervention services;

     (2) “core early intervention services” means
          (A) case management services;

          (B) special instruction; and

          (C) early identification, screening, and assessment;

     (3) “department” means the Department of Health and Social Services;

     (4) “developmentally delayed” means functioning at least 15 percent below a chronological or corrected age or 1.5 standard deviations below age appropriate norms in one or more of the following areas: cognitive development, gross motor development, sensory development, speech or language development, or psychosocial development, including self-help skills and behavior, as measured and verified by appropriate diagnostic instruments and procedures or through systematic observation of functional abilities in a daily routine by two professionals and a parent, developmental history, and appropriate assessment procedures;

     (5) “disability” means having an identifiable physical, mental, sensory, or psychosocial condition that has a probability of resulting in developmental delay even though a developmental delay may not be exhibited at the time the condition is identified, including
          (A) chromosomal abnormalities associated with delays in development, such as Down’s syndrome, Turner’s syndrome, Cornelia de Lange syndrome, or fragile X syndrome;

          (B) other syndromes and conditions associated with delays in development, such as fetal alcohol syndrome, cocaine and other drug-related syndromes, metabolic disorders, cleft lip, or cleft palate;

          (C) neurological disorders associated with delays in development, such as cerebral palsy, microcephaly, hydrocephaly, spina bifida, or periventricular leukomalacia;

          (D) sensory impairment, such as hearing loss or deafness, visual loss or blindness, or a combination of hearing and visual loss, that interferes with the child’s ability to respond effectively to environmental stimulus;

          (E) congenital infections, such as rubella, cytomegalovirus, toxoplasmosis, or acquired immune deficiency syndrome;

          (F) chronic illness or conditions that may limit learning or development, such as cystic fibrosis, bronchopulmonary dysplasia, tracheostomies, amputations, arthritis, or muscular dystrophy;

          (G) psychosocial disorders, such as reactive attachment disorder, infant autism, or childhood schizophrenia; or

          (H) atypical growth patterns consistent with a prognosis of developmental delay based upon parental and professional judgment, such as failure to thrive;

     (6) “early intervention services” or “services” means services that are designed to help meet the developmental needs of a child under the age of three who is developmentally delayed or disabled or at risk of developmental delay or disability or the needs of the child’s family so that the family can support the child’s development.




Article 2. Newborn and Infant Hearing Screening, Tracking, and Intervention Program.


Sec. 47.20.300. Department to implement program.
The department shall plan, develop, and implement a hearing screening, tracking, and intervention program to facilitate compliance with the requirements of AS 47.20.310 — 47.20.390.


Sec. 47.20.310. Screening requirements.
 (a) Subject to (b) of this section, the physician in attendance at or immediately after the birth of a child in a hospital in this state, or, if a physician is not in attendance at or immediately after the birth, the person attending the newborn child in a hospital in this state, shall, unless medically contraindicated, cause the child to be screened to determine whether the child has a potential hearing impairment using the methods determined by the department under (e) of this section. Unless medically contraindicated, the screening shall occur before the newborn is released from the hospital or before the infant is 30 days old, whichever is earlier. Each birthing center that provides maternity and newborn care services shall provide that each newborn in the center’s care is referred for an appointment to a licensed audiologist or to a hospital or other newborn hearing screening provider before discharge. Unless medically contraindicated, the screening shall occur before the infant is 30 days old.

 (b) Notwithstanding (a) of this section, the physician or other person at or immediately after the birth of a child in a hospital or birthing center that averages less than 20 births a year is not required to screen the child as described in (a) of this section but shall, before the newborn is released from the hospital or birthing center, refer the child for screening at another facility or with another provider. Unless medically contraindicated, the screening shall occur before the child is 30 days old.

 (c) If it is determined by screening that a newborn child may have a hearing impairment, the physician or other person who is required under (a) of this section to cause the child to be screened shall
     (1) refer the child for confirmatory diagnostic evaluation;

     (2) make reasonable efforts to promptly notify the child’s parent that the child may have a hearing impairment and explain to the parent the potential effect of the impairment on the development of the child’s speech and language skills and psychosocial and cognitive development; and

     (3) notify the department of the hearing screening results on a form approved by the department.

 (d) When the Bureau of Vital Statistics receives a certificate of live birth under AS 18.50.160 for a newborn who was delivered at a place other than a hospital, the bureau shall notify the department employees who administer AS 47.20.310 — 47.20.390. The department employees shall notify the child’s parents of the merits of having a hearing screening performed, and the department shall provide information to the parents to assist the parents in accomplishing the hearing screening within 30 days after the child’s birth.

 (e) The hearing screening required under this section shall use protocols established by the department. At a minimum, the protocols must include the use of at least one of the following physiologic technologies: automated or diagnostic auditory brainstem response (ABR) or otoacoustic emissions (OAE). The department shall consider updating the protocols as information is provided to the department that new physiologic technologies or improvements to existing physiologic technologies will substantially enhance newborn and infant hearing assessment.

 (f) Notwithstanding (a) of this section, a physician or other person required to cause a newborn hearing screening under this section is exempt from this requirement if the parent of the newborn child objects to the screening procedure on the grounds that the procedure conflicts with the religious or other tenets and practices of the parent. The parent shall sign a statement that the parent knowingly refuses the services, and the physician or other person shall have a copy of the signed statement retained in the hospital records of the birth and sent to the department for tracking under AS 47.20.320.

 (g) The physician or other person required to cause a newborn hearing screening under this section shall report the results of newborn hearing screening as required by the department under AS 47.20.320.




Sec. 47.20.320. Reporting and tracking program.
 (a) The department shall develop and implement a reporting and tracking system for newborns and infants screened for hearing loss in order to provide the department with information and data to effectively plan, establish, monitor, and evaluate the newborn and infant hearing screening, tracking, and intervention program. Evaluation of the program must include evaluation of the initial hearing screening, follow-up components, and the use and availability of the system of services for newborns and infants who are deaf or hard of hearing and their families.

 (b) A physician or other person attending the birth in the state, or a hospital on behalf of a physician or other person attending the birth, shall report information related to hearing screening required under (a) of this section as specified by the department. A person who provides audiological confirmatory evaluation and diagnostic services for newborns and infants whose hearing was screened under AS 47.20.310 shall report information as specified by the department in regulation.

 (c) The information received under (b) of this section shall be compiled and maintained by the department in the tracking system. The information shall be kept confidential in accordance with the applicable provisions of 20 U.S.C. 1439 (Individuals with Disabilities Education Act), as amended by P.L. 105-17. Data collected by the department that was obtained from the medical records of the newborn or infant shall be for the confidential use of the department and are not public records subject to disclosure under AS 40.25.110. Aggregate statistical data without identifying information compiled from the information received is public information.

 (d) A hospital or other health facility, clinical laboratory, audiologist, physician, registered or advanced practice registered nurse, certified direct-entry midwife, officer or employee of a health facility or clinical laboratory, or an employee of an audiologist, physician, or registered or advanced practice registered nurse is not criminally or civilly liable for furnishing information in good faith to the department or its designee under this section. The furnishing of information in accordance with this section is not a violation of AS 08 or AS 18 or regulations adopted under AS 08 or AS 18 for licensees under those statutes.




Sec. 47.20.330. Intervention program.
 (a) The department shall establish guidelines for the provision of follow-up care for newborn and infant children in the state who have been identified as having or being at risk of developing a hearing loss. The services recommended must include appropriate follow-up care for newborns and infants with abnormal or inconclusive screening results, such as diagnostic evaluation, referral, and coordination of early intervention service programs if the newborn or infant is found to have a hearing loss.

 (b) The parents of all newborns and infants diagnosed with a hearing loss, as reported to the department, shall be provided by the department with written information on the availability of follow-up care through community resources and government agencies, including those provided in accordance with 20 U.S.C. 1400 — 1482 (Individuals with Disabilities Education Act), as amended. Information provided by the department must include listings of local and statewide nonprofit deaf and hard of hearing consumer-based organizations, parent support organizations affiliated with deafness, counseling and educational services, and programs offered through the department and the Department of Education and Early Development.




Sec. 47.20.340. Outreach campaign.
The department shall conduct a community outreach and awareness campaign to inform medical providers, pregnant women, and families of newborns and infants of the newborn and infant hearing screening, tracking, and intervention program and the value of early hearing screening, tracking, and intervention.


Sec. 47.20.350. Report.
The department shall prepare an annual report for the governor about the newborn and infant hearing screening, tracking, and intervention program administered under AS 47.20.310 — 47.20.390. The report must include recommendations on improving the early screening, tracking, and intervention program, including strategies to increase the rate of early screening and the use of appropriate early intervention techniques. The department shall notify the legislature that the report is available.


Sec. 47.20.360. Performance evaluation.
 (a) The department shall collect and compile performance data on the early hearing screening, tracking, and intervention program established under AS 47.20.300 — 47.20.390 to ensure that the program is in compliance with AS 47.20.300 — 47.20.390 and the regulations adopted under AS 47.20.300 — 47.20.390. The performance evaluation must include
     (1) a comparison of the number of infants born in the state to the number of infants screened;

     (2) the referral rate for confirmatory diagnostic evaluation;

     (3) the follow-up rate for intervention; and

     (4) the number of false screening results.

 (b) In conducting a performance evaluation, the department shall establish hearing screening performance standards that must include a false positive rate and a false negative rate for screening results of less than or equal to three percent.




Sec. 47.20.390. Definitions.
In AS 47.20.300 — 47.20.390,
     (1) “commissioner” means the commissioner of health and social services;

     (2) “department” means the Department of Health and Social Services;

     (3) “follow-up care” means all of the following:
          (A) services necessary to diagnose and confirm a hearing loss;

          (B) ongoing audiological services to monitor hearing;

          (C) communication services, including aural rehabilitation, speech, language, social, and psychological services;

          (D) support services for the infant and family; and

          (E) early intervention services described in 20 U.S.C. 1431 — 1445 (Individuals with Disabilities Education Act), as amended;

     (4) “hearing loss” means a hearing loss of 40 decibels or greater in the frequency region important for speech recognition and comprehension in one or both ears, approximately 500 through 4000 Hz;

     (5) “hearing screening” means automated auditory brain stem response, otoacoustic emissions, or other appropriate screening procedure approved by the department;

     (6) “infant” means a child 30 days to 24 months old;

     (7) “newborn” means a child less than 30 days old;

     (8) “parent” means a natural parent, stepparent, adoptive parent, legal guardian, or other legal custodian of the child;

     (9) “program” means the newborn and infant hearing, tracking, and intervention screening program established under AS 47.20.310 — 47.20.390.




Chapter 21. Adventure-Based Education.

Sec. 47.21.010. Establishment.
 (a) The Department of Health and Social Services shall establish an adventure-based education program designed to bring adventure-based education to appropriate juvenile offenders and others selected by referral agencies.

 (b) Adventure-based education is a short-term, intensive training program designed to remedy failure patterns and encourage development of self-esteem, self-confidence, and social awareness in
     (1) certain delinquent juveniles in the custody of the Department of Health and Social Services;

     (2) certain juveniles identified by the schools, division of social services, the courts, youth workers, or other community referral systems, as being able to benefit from adventure-based education.




Sec. 47.21.020. Program.
 (a) An adventure-based education program must include provisions for the following phases:
     (1) Phase I: Basic Skills Learning
          (A) physical conditioning: running, hiking, swimming, and other related activities;

          (B) technical training: the use of specialized tools and equipment, camping, cooking, map reading, navigation, life saving, drown proofing, and solo survival;

          (C) safety training: first aid skills, emergency care, preventative medicine, nutrition, health, and personal hygiene care;

          (D) team training: rescue techniques, evacuation exercises, and fire fighting;

          (E) solo: solitary living for a short period with minimal equipment;

          (F) interpersonal skills training: coping skills, individual and group problem solving, and societal communication skills;

          (G) culturally relevant activities: traditional modes of subsistence living, traveling and surviving in wilderness areas and communities in the state, and cross-cultural experiences;

     (2) Phase II: Skills Generalization
          (A) vocational counseling and placement;

          (B) family and interpersonal counseling;

          (C) community systems utilization: transportation, community services systems, and community problem solving.

 (b) Criteria for adventure-based education programs shall be established by the Department of Health and Social Services and must include provisions for
     (1) staff members with background experience in Outward Bound, NOLS, Alaska Wilderness Experience, Inc., or other similar wilderness skills programs or indigenous cultural experience;

     (2) minimum program standards.




Chapter 23. Child Support Enforcement Agency.

[Renumbered as AS 25.27.010 — 25.27.900.]

Chapter 24. Protection of Vulnerable Adults.

Sec. 47.24.010. Persons required to report; reports of harm.
 (a) Except as provided in (e) of this section, the following persons who, in the performance of their professional duties, have reasonable cause to believe that a vulnerable adult suffers from undue influence, abandonment, exploitation, abuse, neglect, or self-neglect shall, not later than 24 hours after first having cause for the belief, report the belief to the department’s vulnerable adult centralized intake office:
     (1) a physician or other licensed health care provider;

     (2) a mental health professional as defined in AS 47.30.915 and including a marital and family therapist licensed under AS 08.63;

     (3) a pharmacist;

     (4) an administrator or employee of a nursing home, residential care, or health care facility;

     (5) a guardian or conservator;

     (6) a police officer;

     (7) a village public safety officer;

     (8) a village health aide;

     (9) a social worker;

     (10) a member of the clergy;

     (11) a staff employee of a project funded by the Department of Administration for the provision of services to older Alaskans, the Department of Health and Social Services, or the Council on Domestic Violence and Sexual Assault;

     (12) an employee of a personal care or home health aide program;

     (13) an emergency medical technician or a mobile intensive care paramedic;

     (14) a caregiver of the vulnerable adult;

     (15) a certified nurse aide;

     (16) an educator or administrative staff member of a public or private educational institution.

 (b) A report made under this section may include the name and address of the reporting person and must include
     (1) the name and contact information of the vulnerable adult;

     (2) information relating to the nature and extent of the undue influence, abandonment, exploitation, abuse, neglect, or self-neglect;

     (3) other information that the reporting person believes might be helpful in an investigation of the case or in providing protection for the vulnerable adult.

 (c) The department or its designees shall report to the Department of Law any person required by (a) of this section to report who fails to comply with this section. A person listed in (a) of this section who, because of the circumstances, should have had reasonable cause to believe that a vulnerable adult suffers from undue influence, abandonment, exploitation, abuse, neglect, or self-neglect but who knowingly fails to comply with this section is guilty of a class B misdemeanor. If a person convicted under this section is a member of a profession or occupation that is licensed, certified, or regulated by the state, the court shall notify the appropriate licensing, certifying, or regulating entity of the conviction.

 (d) This section does not prohibit a person listed in (a) of this section, or any other person, from reporting cases of undue influence, abandonment, exploitation, abuse, neglect, or self-neglect of a vulnerable adult that have come to the person’s attention in the person’s nonoccupational capacity. This section does not prohibit any other person from reporting a harm under this section.

 (e) If a person making a report under this section believes that immediate action is necessary to protect the vulnerable adult from imminent risk of serious physical harm due to undue influence, abandonment, exploitation, abuse, neglect, or self-neglect and the reporting person cannot immediately contact the department’s vulnerable adult centralized intake office, the reporting person shall make the report to a police officer or a village public safety officer. The police officer or village public safety officer shall take immediate action to protect the vulnerable adult and shall, within 24 hours after receiving the report of harm, notify the department. A person may not bring an action for damages against a police officer, a village public safety officer, the state, or a political subdivision of the state based on a decision under this subsection to take or not to take immediate action to protect a vulnerable adult. If a decision is made under this subsection to take immediate action to protect a vulnerable adult, a person may not bring an action for damages based on the protective actions taken unless the protective actions were performed with gross negligence or intentional misconduct; damages awarded in the action may include only direct economic compensatory damages for personal injury.

 (f) [Repealed, § 15, ch. 19, SLA 2017]
 (g) [Repealed, § 14 ch 129 SLA 1994.]
 (h) [Repealed, § 14 ch 129 SLA 1994.]
 (i) A person required to report under this section who makes the report to the person’s job supervisor or to another individual working for the entity that employs the person is not relieved of the obligation to make the report to the department as required under (a) of this section.

 (j) A person who recklessly makes a false report under this section is civilly liable for actual damages suffered by the person who is the subject of the report.




Sec. 47.24.011. Duties of the department regarding services and protection for vulnerable adults.
In order to facilitate the provision of supportive and protective services for vulnerable adults, the department shall
     (1) compile information on available supportive and protective services for vulnerable adults in the state;

     (2) establish, publicize, and maintain a vulnerable adult centralized intake office;

     (3) develop and coordinate a statewide system to serve vulnerable adults who are in need of protective services;

     (4) establish criteria and procedures for the authorization and supervision of other state agencies or community-based service providers to serve as designees of the department under this chapter;

     (5) in accordance with this chapter, designate other state agencies or community-based service providers to deliver supportive and protective services to vulnerable adults who are in need of protective services;

     (6) develop within the vulnerable adult centralized intake office a central registry for reports of vulnerable adults in need of protective services;

     (7) maintain confidentiality of records as provided for in AS 47.24.050; and

     (8) adopt regulations to carry out the purposes of this chapter.






Sec. 47.24.013. Reports of undue influence, abandonment, exploitation, abuse, neglect, or self-neglect of vulnerable adults in out-of-home care facilities.
 (a) If a report received under AS 47.24.010 pertains to the undue influence, abandonment, exploitation, abuse, neglect, or self-neglect of a vulnerable adult that is alleged to have been committed by or to have resulted from the negligence of the staff or a volunteer of an out-of-home care facility, including a facility licensed under AS 47.32, in which the vulnerable adult resides, the department may forward the report to the long term care ombudsman for investigation under AS 47.62.015.

 (b) The department shall investigate a report received under AS 47.24.010 regarding the undue influence, abandonment, exploitation, abuse, neglect, or self- neglect of a vulnerable adult that is alleged to have been committed by or to have resulted from the negligence of the staff or a volunteer of an out-of-home care facility in which the vulnerable adult resides.

 (c) Upon receipt of a report under (a) or (b) of this section, the long term care ombudsman and the department shall
     (1) conduct an investigation as appropriate under AS 47.62.015 or this title, respectively;

     (2) coordinate and cooperate in their responses to and investigations of the report if their jurisdictions overlap;

     (3) [Repealed, § 15, ch. 19 SLA 2017.]
 (d) If the long term care ombudsman directly receives a report regarding the undue influence, abandonment, exploitation, abuse, neglect, or self- neglect of a vulnerable adult in an out-of-home care facility, the ombudsman may provide the report, and the results of the ombudsman’s actions or investigations regarding the report, to the department’s vulnerable adult centralized intake office. The ombudsman shall obtain the informed consent of the vulnerable adult or the vulnerable adult’s resident representative before providing the report to the department. The department may investigate the report as described in AS 47.24.015 if the department determines that action is appropriate. In this subsection, “resident representative” has the meaning given in AS 47.62.090.

 (e) [Repealed, § 15 ch 19 SLA 2017.]
 (f) If an investigation conducted by an agency under this section shows reasonable cause to believe that a certified nurse aide has committed abuse, neglect, or misappropriation of property, the agency shall report the matter to the Board of Nursing.




Sec. 47.24.015. Action on reports.
 (a) Upon the department’s receipt of a report under AS 47.24.010, the department, or its designee, shall promptly initiate an investigation to determine whether the vulnerable adult who is the subject of the report suffers from undue influence, abandonment, exploitation, abuse, neglect, or self-neglect. The department, or its designee, shall conduct a face-to-face interview with the vulnerable adult unless that person is unconscious or the department, or its designee, has determined that a face-to- face interview could further endanger the vulnerable adult. In this subsection, “face-to-face interview” means an in-person interview or an interview conducted through the use of technology that allows participants who are physically separated from each other to interact visually and orally.

 (b) After the department conducts an investigation under (a) of this section, the department shall prepare a written report of the investigation, including findings, recommendations, and a determination of whether and what kind of supportive or protective services are needed by and are to be offered to the vulnerable adult. After the department’s designee conducts an investigation under (a) of this section, the designee shall prepare a written report of the investigation, including findings, recommendations, and a proposed determination of whether and what kind of supportive or protective services are to be offered to the vulnerable adult. The department shall prepare, and attach to the designee’s report, a final determination regarding services to be offered to the vulnerable adult.

 (c) The department or its designee shall immediately terminate an investigation under this section upon the request of the vulnerable adult who is the subject of the report made under AS 47.24.010. However, the department or its designee may not terminate the investigation if the investigation to that point has resulted in probable cause to believe that the vulnerable adult is in need of protective services and the request is made personally by the vulnerable adult and the vulnerable adult is not competent to make the request on the adult’s own behalf, or the request is made by the vulnerable adult’s guardian, attorney-in-fact, or surrogate decision maker and that person is the alleged perpetrator of the undue influence, abandonment, exploitation, abuse, or neglect of the vulnerable adult and is being investigated under this chapter. If the department has probable cause to believe that the vulnerable adult is in need of protective services,
     (1) the department may petition the court as set out in AS 47.24.019;

     (2) the department or its designee may refer the report made to the department under AS 47.24.010 to a police officer for criminal investigation; or

     (3) in cases involving fraud, the department or its designee may refer the report made to the department under AS 47.24.010 to the office of public advocacy for investigation; in this paragraph, “fraud” has the meaning given in AS 13.26.595.

 (d) Upon request, a person who made a report to the department under AS 47.24.010 regarding a vulnerable adult shall be notified of the status of the investigation conducted under (a) of this section regarding that vulnerable adult.

 (e) A person may not bring an action for damages based on a decision under this section to offer or not to offer protective services to a vulnerable adult.

 (f) A person may not bring an action for damages based on the provision of protective services under this section unless the action is based on gross negligence or intentional misconduct. The damages awarded in an action under this section may include only direct economic compensatory damages for personal injury.

 (g) If an investigation under this section shows reasonable cause to believe that a certified nurse aide has committed abuse, neglect, or misappropriation of property, the department shall report the matter to the Board of Nursing.

 (h) In conducting an investigation under this section, the department may issue subpoenas, conduct interviews, and examine any health care or financial records related to a vulnerable adult. The department may seek a court order to enforce a subpoena.

 (i) A person may not interfere with the department in the performance of its investigation under this section, including interfering with the department’s access to the vulnerable adult.

 (j) Notwithstanding any other provision of law, the office of the department that handles adult protective services shall have access to any information compiled or retained by other divisions in the department, regardless of the nature of the information or whether the information is considered confidential, to assist in administering the provisions of this chapter.

 (k) The department may audiotape or videotape an interview of a vulnerable adult if the adult has the capacity to consent and gives that consent. The department shall document the consent in its investigative file. The department may not audiotape or videotape an interview of a vulnerable adult who lacks the capacity to consent.

 (l) The department shall provide for the training of investigators who investigate reports of harm under this section. Training must include instruction in federal, state, and local laws and policies of the department related to vulnerable adults, and in investigative techniques. The department may require other appropriate training.

 (m) In this section, “financial records” includes financial records related to the vulnerable adult that are maintained by any person.




Sec. 47.24.016. Surrogate decision makers for vulnerable adults.
 (a) If the department determines under AS 47.24.015 that a vulnerable adult is in need of protective services, but the department cannot obtain the vulnerable adult’s consent to receive the services because the vulnerable adult is unable to consent or lacks decision making capacity, and has no guardian, conservator, attorney-in-fact, trustee, or surrogate for health care decisions under AS 13.52.030 to serve as the vulnerable adult’s surrogate decision maker, the department may select from the following list, in the order of priority listed, an individual who is willing to be the vulnerable adult’s surrogate decision maker for the purpose of deciding whether to consent to the vulnerable adult’s receipt of protective services:
     (1) the vulnerable adult’s spouse, unless the vulnerable adult or the spouse have initiated divorce, dissolution, or legal separation proceedings;

     (2) an individual who lives with the vulnerable adult in a spousal relationship or as a domestic partner and who is 18 years of age or older;

     (3) a son or daughter of the vulnerable adult who is 18 years of age or older;

     (4) a parent of the vulnerable adult;

     (5) a brother or sister of the vulnerable adult who is 18 years of age or older; or

     (6) a close friend or relative of the vulnerable adult who is 18 years of age or older.

 (b) An individual from the list in (a) of this section may not be selected as a surrogate decision maker if
     (1) the department determines that individual does not possess decision making capacity; or

     (2) there are allegations that individual is a perpetrator of the undue influence, abandonment, exploitation, abuse, or neglect of the vulnerable adult.

 (c) If the department intends to select a surrogate decision maker from a priority level in the list in (a) of this section and there is more than one individual at that priority level who is willing to be the surrogate decision maker, those individuals
     (1) may select from amongst themselves, by majority vote, an individual to serve as the surrogate decision maker; or

     (2) as a group may serve as the surrogate decision maker and reach decisions by consensus.

 (d) The department may not continue to provide protective services to a vulnerable adult based on the consent of a surrogate decision maker serving under this section or AS 13.52.030 if the department determines that the vulnerable adult has become able to consent or has regained decision making capacity since the surrogate’s consent was given. The department may continue protective services to a vulnerable adult who has become able to consent or has regained decision making capacity only if the vulnerable adult consents.




Sec. 47.24.017. Delivery of protective services for vulnerable adults.
 (a) If the department determines under AS 47.24.015 that a vulnerable adult is in need of protective services and the vulnerable adult, the vulnerable adult’s guardian, conservator, attorney-in-fact, trustee, a surrogate decision maker selected under AS 47.24.016, or a surrogate for health care decisions under AS 13.52.030 consents to receipt of the protective services, and to the extent that resources are available, the department shall ensure that the protective services for the vulnerable adult are provided by the department or its designee within 10 working days after the department received the report under AS 47.24.010 regarding the undue influence, abandonment, exploitation, abuse, neglect, or self-neglect of the vulnerable adult. However, if circumstances beyond the control of the department or the department’s designee make it impossible to provide the protective services within the 10 working days, the department shall ensure that the services are provided as soon as possible after that time.

 (b) Notwithstanding (a) of this section, if the department determines that an emergency situation exists that necessitates provision of protective services to a vulnerable adult, the department may provide the necessary protective services in a manner determined by the department to be the most appropriate in light of the emergency situation, regardless of whether the vulnerable adult or any other person has consented to receipt of the services.

 (c) To the extent practicable, protective services provided under this section shall be delivered in a culturally relevant manner that protects the vulnerable adult’s right to the least restrictive environment and maximizes that person’s own decision making capabilities.

 (d) If the protective services under this section include the placement of a vulnerable adult in an assisted living home at the state’s expense, the minimum daily reimbursement rate to the assisted living home for the vulnerable adult is $70. The department may, under its regulations, provide for a daily rate higher than $70 if the additional care provided to the vulnerable adult in the assisted living home justifies the additional reimbursement. In this subsection, “assisted living home” means an assisted living home licensed under AS 47.32.




Sec. 47.24.019. Petitioning court for certain protective services.
 (a) If, after investigation under AS 47.24.015, the department has reasonable cause to believe that a vulnerable adult is in need of protective services and is an incapacitated person, the department may petition the court under AS 13.26 for appointment of a guardian or temporary guardian, or for a change of guardian, for the vulnerable adult for the purpose of deciding whether to consent to the receipt of protective services for the vulnerable adult.

 (b) If, after an investigation under AS 47.24.015, the department has reasonable cause to believe that a vulnerable adult is mentally ill and as a result either is likely to cause serious harm to self or others or is gravely disabled, the department may petition the court under AS 47.30.700 to initiate an involuntary commitment proceeding.

 (c) If a vulnerable adult who has consented to receive protective services, or on whose behalf consent to receive protective services has been given, is prevented by any person from receiving those services, the department may petition the superior court for an injunction restraining the person from interfering with the provision of protective services to the vulnerable adult.




Secs. 47.24.020 , 47.24.030. Action; protective services. [Repealed, § 14 ch 129 SLA 1994.]
Sec. 47.24.040. Monitoring.
If ongoing protective services are provided to a vulnerable adult under AS 47.24.017, the department shall monitor the adult’s situation, as the department considers appropriate, until the department determines that the protective services are no longer needed.


Sec. 47.24.050. Confidentiality of reports.
 (a) Investigation reports and reports of the undue influence, abandonment, exploitation, abuse, neglect, or self-neglect of a vulnerable adult filed under this chapter are confidential and are not subject to public inspection and copying under AS 40.25.110 — 40.25.125. However, under this chapter and regulations adopted under this chapter, investigation reports may be used by appropriate agencies or individuals inside and outside the state, in connection with investigations or judicial proceedings involving the undue influence, abandonment, exploitation, abuse, neglect, or self-neglect of a vulnerable adult.

 (b) The department shall disclose a report of the undue influence, abandonment, exploitation, abuse, neglect, or self-neglect of a vulnerable adult if the vulnerable adult who is the subject of the report or the vulnerable adult’s guardian, conservator, attorney-in-fact, trustee, or surrogate decision maker consents in writing. The department may not disclose a report of the undue influence, abandonment, exploitation, abuse, neglect, or self-neglect of a vulnerable adult to the vulnerable adult’s guardian, conservator, attorney-in-fact, trustee, or surrogate decision maker if that person is an alleged perpetrator of the undue influence, abandonment, exploitation, abuse, or neglect of the vulnerable adult and is being investigated under this chapter. The department shall, upon request, disclose the number of verified reports of undue influence, abandonment, exploitation, abuse, neglect, or self-neglect of a vulnerable adult that occurred at an institution that provides care for vulnerable adults or that were the result of actions or inactions of a public home care provider.




Sec. 47.24.060. Authority of the department. [Repealed, § 14 ch 129 SLA 1994.]
Sec. 47.24.070. Required review of proposed regulations.
Before adoption by the department, regulations to implement this chapter shall be provided to the Alaska Commission on Aging established under AS 47.45.200 for review.


Secs. 47.24.075 — 47.24.110. Reports; definitions. [Repealed, § 14 ch 129 SLA 1994.]
Sec. 47.24.120. Immunity from liability; retaliation prohibited.
 (a) A person who in good faith makes a report under AS 47.24.010, regardless of whether the person is required to do so, is immune from civil or criminal liability that might otherwise be incurred or imposed for making the report.

 (b) An employer or supervisor of a person who in good faith makes a report under AS 47.24.010 may not discharge, demote, transfer, reduce pay or benefits or work privileges of, prepare a negative work performance evaluation of, or take other detrimental action against the person because the person made the report. The person making the report may bring a civil action for compensatory and punitive damages against an employer or supervisor who violates this subsection. In the civil action there is a rebuttable presumption that the detrimental action by the employer or supervisor was retaliatory if it was taken within 90 days after the report was made.




Sec. 47.24.130. Treatment through spiritual means.
This chapter may not be construed to mean that a person is unduly influenced, abused, neglected, self-neglected, vulnerable, unable to consent, abandoned, exploited, or in need of emergency or protective services for the sole reason that the person relies on or is being furnished treatment by spiritual means through prayer alone under the tenets and practices of a church or religious denomination of which the person is a member or adherent, if the person consents to the treatment through spiritual means only and the treatment is administered by an accredited practitioner of the church or religious denomination. In this section, “church or religious denomination” has the meaning given to “religious organization” in AS 05.15.690.


Sec. 47.24.900. Definitions.
In this chapter,
     (1) “abandonment” means desertion of a vulnerable adult by a caregiver;

     (2) “abuse” means
          (A) the intentional, knowing, or reckless nonaccidental and nontherapeutic infliction of physical pain, injury, mental or emotional distress, or fear, including coercion and intimidation; or

          (B) sexual assault under AS 11.41.410 or 11.41.420;

     (3) “caregiver” means
          (A) a person who is providing care to a vulnerable adult as a result of a family relationship, or who has assumed some or all responsibility for the care of a vulnerable adult voluntarily, by contract, as an employee of a business that provides care in an adult’s home, or by court order; or

          (B) an employee of an out-of-home care facility who provides care to one or more vulnerable adults;

     (4) “deception” means creating, reinforcing, or failing to correct a false impression or preventing another person from acquiring information that would affect the person’s judgment regarding a transaction;

     (5) “decision making capacity” means the ability to understand and appreciate the nature and consequences of a decision and the ability to reach and communicate an informed decision; in this paragraph, “informed decision” includes a decision made by the vulnerable adult that is free from undue influence;

     (6) “department” means the Department of Health and Social Services;

     (7) “designee” means another state agency or a community-based program, individual, or provider of supportive services that has been licensed, or authorized by agreement with the department, to provide one or more services to vulnerable adults;

     (8) “exploitation”
          (A) means unjust or improper use of another person or another person’s resources for one’s own profit or advantage, with or without the person’s consent; and

          (B) includes acts by a person who stands in a position of trust or confidence with a vulnerable adult or who knows or should know that the vulnerable adult lacks the capacity to consent that involve obtaining profit or advantage through undue influence, deception, fraud, intimidation, or breach of fiduciary duty; in this subparagraph, “fraud” has the meaning given in AS 13.26.595(1) and (2);

     (9) “fiduciary duty” means the duty of a third party who stands in a position of trust or confidence with another person, including a vulnerable adult, to act with due regard for the benefit and interest of that person;

     (10) “financial institution” means an institution subject to state or federal banking or financial regulations, including
          (A) a broker-dealer;

          (B) a commercial bank;

          (C) a savings bank;

          (D) a credit union;

          (E) a premium finance company;

          (F) a small loan company;

          (G) a bank holding company;

          (H) a financial holding company;

          (I) a trust company;

          (J) a savings and loan association;

          (K) a deferred deposit advance licensee;

          (L) an investment bank;

          (M) an insurance company subject to regulation by AS 21;

          (N) a licensee subject to regulation by AS 21; and

          (O) an investment adviser;

     (11) “incapacitated person” means a person whose ability to receive and evaluate information or to communicate decisions is impaired to the extent that the person lacks the ability to provide or arrange for the essential requirements for the person’s physical health or safety without court-ordered assistance;

     (12) “neglect” means the intentional, knowing, or reckless failure by a caregiver to provide essential care or services or access to essential care or services or to carry out a prescribed treatment plan necessary to maintain the physical and mental health of the vulnerable adult when the vulnerable adult is unable to provide or obtain the essential care or services or to carry out the prescribed treatment plan on the vulnerable adult’s own behalf; in this paragraph, “essential care or services” includes food, clothing, shelter, medical care, and supervision;

     (13) “person who stands in a position of trust or confidence” means a person who
          (A) is a relative by blood or marriage;

          (B) is a joint tenant or tenant in common;

          (C) has a legal or fiduciary relationship; or

          (D) is a person who has been entrusted with or has assumed responsibility for the use or management of the vulnerable adult’s assets or income;

     (14) “police officer” has the meaning given in AS 18.65.290;

     (15) “protective services” means services that are intended to prevent or alleviate harm resulting from undue influence, abandonment, exploitation, abuse, neglect, or self-neglect and that are provided to a vulnerable adult in need of protection; in this paragraph, “services” includes
          (A) protective placement;

          (B) applying for or obtaining public benefits;

          (C) obtaining health care services and supplies;

          (D) staying financial transactions;

          (E) petitioning for a protective order under AS 13.26.401 — 13.26.460;

          (F) assisting with personal hygiene;

          (G) obtaining food and clothing;

          (H) protection from physical and emotional abuse;

          (I) obtaining representative payee services; and

          (J) coordinating protective services;

     (16) “public home care provider” has the meaning given in AS 47.05.017(c);

     (17) “self-neglect” means an act or omission by a vulnerable adult that results, or could result in the deprivation of essential services necessary to maintain minimal mental, emotional, or physical health and safety;

     (18) “supportive services” means the range of services delivered by public and private organizations and individuals that assist the elderly and vulnerable adults with their social, health, educational, recreational, transportation, housing, nutritional, financial, legal, or other needs;

     (19) “unable to consent” means refusal to, or inability to, accept services because
          (A) the person is an incapacitated person or apparently is an incapacitated person;

          (B) of coercion by or fear of reprisal from the perpetrator of undue influence, abandonment, exploitation, abuse, or neglect;

          (C) of dependency on the perpetrator of undue influence, abandonment, exploitation, abuse, or neglect for services, care, or support; or

          (D) of an inability to perceive that refusal to consent results in an imminent and substantial danger of loss, waste, or dissipation of income or assets, eviction, physical or mental harm to self or others, or death;

     (20) “undue influence” means the use by a person who stands in a position of trust or confidence of the person’s role, relationship, or authority to wrongfully exploit the trust, dependency, or fear of a vulnerable adult to gain control over the decision making of the vulnerable adult, including decision making related to finances, property, residence, and health care;

     (21) “vulnerable adult” means a person 18 years of age or older who, because of incapacity, mental illness, mental deficiency, physical illness or disability, advanced age, chronic use of drugs, chronic intoxication, fraud, confinement, or disappearance, is unable to meet the person’s own needs or to seek help without assistance.




Article 1. Day Care Assistance and Child Care Grants.


Chapter 25. Public Assistance.

Sec. 47.25.001. Powers and duties.
 (a) The department shall
     (1) implement and administer a program to assist in providing day care for the children of low and moderate income families according to the requirements of AS 47.25.001 — 47.25.095;

     (2) establish standards of eligibility for day care benefits;

     (3) contract for the care of children of eligible families;

     (4) establish procedures to periodically review the needs of families receiving day care benefits;

     (5) provide notification to the local government body of the request for a contract with a day care facility.

 (b) The department may
     (1) adopt regulations necessary for the performance of its duties under AS 47.25.001 — 47.25.095;

     (2) contract with other entities to perform duties of the department under AS 47.25.001 — 47.25.095 within an area specified by the department; within an area, the department shall give higher priority to contracting with municipalities than with other organizations.




Sec. 47.25.010. [Renumbered as AS 47.55.010.]
Sec. 47.25.011. Administrative costs of program contractors.
To defray administrative expenses, a contractor under AS 47.25.001(b) may only retain $1,000 or 12 percent, whichever is greater, of the day care assistance program funds it receives from the department under the contract.


Sec. 47.25.020. [Renumbered as AS 47.55.020.]
Sec. 47.25.021. Conditions of receipt of benefits.
Benefits may be paid for the care of children of a low or moderate income family only if a parent or guardian, because of the day care, is freed to work or to seek work or to attend school. Benefits may not be paid for the care of children of a family where one parent or guardian is not working, actively seeking work, or attending school and is physically and mentally capable of caring for the children.


Sec. 47.25.030. [Renumbered as AS 47.55.030.]
Sec. 47.25.031. Eligibility of families for benefits.
The department shall determine the eligibility of families for day care benefits on the basis of the following factors:
     (1) income of the family including salary, alimony, child support, retirement benefits, social security, and any other source of income;

     (2) number of children in the family;

     (3) whether there is one parent or guardian solely responsible for the care of the family.




Sec. 47.25.035. [Renumbered as AS 47.55.035.]
Sec. 47.25.040. [Renumbered as AS 47.55.040.]
Sec. 47.25.041. Contributions by parent or guardian.
The department shall develop a sliding fee scale based on the factors listed in AS 47.25.031 for purposes of determining the amount to be contributed by the parent or guardian for child care. The contribution of the parent or guardian shall be paid to the day care facility.


Sec. 47.25.050. [Renumbered as AS 47.55.050.]
Sec. 47.25.051. Placement; payment by state.
 (a) Parents or guardians shall select the day care facility for the care of their children.

 (b) Benefits shall be paid by the department directly to the municipality or organization contracting with the day care facility.




Sec. 47.25.060. [Renumbered as AS 47.55.060.]
Sec. 47.25.070. [Renumbered as AS 47.55.070.]
Sec. 47.25.071. Child care grant program.
 (a) A child care grant program is established in the department to provide state assistance in the operation of child care facilities. The department shall provide grants for the operation of child care facilities, including private nonprofit child care facilities. Participation in the program is optional.

 (b) To qualify for a grant under (a) or (d) of this section, the child care facility must
     (1) be currently licensed under AS 47.32 and applicable municipal licensing requirements;

     (2) participate in the day care assistance program under AS 47.25.001 — 47.25.095; and

     (3) provide care under a payment system as provided in (g) of this section.

 (c) A grant under (a) of this section may not exceed $50 per month for each child the child care facility cares for, or for each full-time equivalent, as determined by the department. The grant shall be adjusted on a geographic basis by the same factor as funding for a school district is adjusted in AS 14.17.460.

 (d) In addition to the grants provided in (a) of this section, the department may, subject to appropriations for that purpose, provide by grant or contract for the education and training of child care employees or administrators. To receive a grant or contract under this subsection or to participate in a training program under this subsection, the child care facility must meet all the requirements of (b) of this section.

 (e) An application for a grant under this section shall be made in the form established by the department.

 (f) A grant under (a) of this section shall be made monthly or quarterly and shall be based on the monthly average daily full-time equivalent enrollment in the child care facility. If the method of payment for the grant is other than monthly, it shall be at the request of the child care facility with the approval of the department. Based on criteria established by the department, the department may make quarterly advance payments.

 (g) Each child care facility receiving a grant under (a) or (d) of this section shall assure that at least 15 percent or one of its child care spaces receiving subsidy under this section, whichever is greater, will be made available, if requested, to children eligible for day care assistance under AS 47.25.001 — 47.25.095, whose parents or guardians wish to pay for care based on attendance only.

 (h) The department shall, in consultation with interested child care providers and parents, adopt regulations to carry out the purposes of this section.




Sec. 47.25.080. [Renumbered as AS 47.55.080.]
Sec. 47.25.090. [Renumbered as AS 47.55.090.]
Sec. 47.25.095. Definitions for day care assistance and child care grant programs.
In AS 47.25.001 — 47.25.095,
     (1) “child” means a person below 13 years of age, or a minor who has a developmental disability;

     (2) “child care facility” means an establishment licensed as a child care facility under AS 47.32, including day care centers, family day care homes, and schools for preschool age children, that provides care for children not related by blood, marriage, or legal adoption to the owner, operator, or manager of the facility;

     (3) “day care” means the care, supervision, and guidance of a child or children unaccompanied by a parent or legal guardian on a regular basis for periods of less than 24 hours a day;

     (4) “day care facility” means a center or home licensed in accordance with the provisions of AS 47.32 as a child care facility or recognized by the federal government for the care of children;

     (5) “department” means the Department of Health and Social Services;

     (6) “developmental disability” means a disability under which a person is incapable of self-care, as verified by a physician or licensed or certified psychologist who has examined the person.




Sec. 47.25.100. [Renumbered as AS 47.55.100.]
Sec. 47.25.110. [Repealed, § 1 ch 118 SLA 1968.]

Article 2. General Relief Assistance.


Sec. 47.25.120. Eligibility for assistance.
Financial assistance may be given under AS 47.25.120 — 47.25.300, so far as practicable under the conditions in this state, to a needy person who is eligible under the regulations of the department.


Sec. 47.25.130. Amount and type of assistance.
 (a) The amount of assistance for a needy person shall be determined by the department with regard to the resources and needs of the person and the conditions existing in each case. Where possible, assistance shall be sufficient to provide the applicant with reasonable subsistence according to standards of assistance established by the department. However, the amount of assistance for subsistence needs may not exceed $120 a person a calendar month.

 (b) The department may enter into competitively awarded group service agreements with providers, and may require needy persons under AS 47.25.120 — 47.25.300 to obtain services from these designated providers.




Sec. 47.25.140. Residents of public institutions.
 (a) Payment under AS 47.25.120 — 47.25.300 may not be made to or on behalf of an individual who is a resident of a public institution, except as a patient in a public medical institution, or an individual who is a patient in a public or private institution for tuberculosis or mental disease. A resident of a public institution who is otherwise eligible to receive an allowance under AS 47.25.120 — 47.25.300 may apply for the allowance instead of the support and maintenance provided in the public institution.

 (b) In this section, “public institution” does not include the Alaska Pioneers’ Home or the Alaska Veterans’ Home.




Sec. 47.25.150. Application for assistance.
A person requesting assistance shall apply for it, either personally or through another person, upon forms furnished and under regulations adopted by the department.


Sec. 47.25.160. Investigation of applicant.
The department shall promptly investigate each applicant to determine the applicant’s eligibility.


Sec. 47.25.170. Granting of assistance.
Upon the completion of its investigation, the department shall decide whether the applicant is eligible for and should receive assistance promptly under AS 47.25.120 — 47.25.300, the amount of assistance, the manner of paying or providing it, and the date on which the assistance shall begin. The department shall notify the applicant of its decision.


Sec. 47.25.180. Appeal.
An applicant whose application is not acted upon or is denied, discontinued, or modified by the department shall be granted an opportunity for fair hearing before the office of the administrative hearings (AS 44.64.010). The hearing shall be held within a reasonable time after demand for it. The conduct of the hearing shall be governed by the regulations adopted for that purpose by the department.


Sec. 47.25.190. Payment to guardians.
When a guardian is appointed by the court for a person receiving assistance, the department may pay the assistance to the guardian.


Sec. 47.25.195. Payment to facilities for treatment of needy persons.
 (a) The department may make payments to a health facility for the treatment of a needy person.

 (b) Except as provided in (e) of this section, a health facility receiving a payment under this chapter is subject to the requirements of AS 47.07.070 — 47.07.075.

 (c) Except as provided in (e) of this section, if insufficient money is appropriated to fund medical assistance under AS 47.25.120 — 47.25.300 when taking into consideration projected use and the health facility payment rates established in accordance with (b) of this section, the department may, by regulation, establish at any time in the fiscal year a prospective pro rata reduction of the facilities’ established payment rates that will be paid by the department for services provided by facilities under AS 47.25.120 — 47.25.300.

 (d) Notwithstanding (a) — (c) of this section, the department may enter into agreements with a facility to provide services at a payment rate lower than the rate established in accordance with (b) of this section, except that the department may not enter into an agreement with an assisted living home to provide services at a daily reimbursement rate lower than $70.

 (e) Notwithstanding other provisions of this section and the provisions of AS 47.07, if the assistance provided to a needy person under AS 47.25.120 — 47.25.300 includes the initiation or continuation of placement of the person in an assisted living home at the state’s expense, the department’s minimum daily reimbursement rate to the assisted living home for the person is $70. This minimum rate is not subject to reduction under (c) of this section. The department may, under its regulations and under the procedures of AS 47.07.070 — 47.07.075, provide for a daily rate higher than $70 if the care provided to the needy person in the assisted living home justifies the higher reimbursement. A daily rate higher than $70 for assisted living homes may be reduced under (c) of this section, but not below $70.

 (f) For purposes of this section,
     (1) “assisted living home” means an assisted living home licensed under AS 47.32;

     (2) “health facility” includes a hospital, skilled nursing facility, intermediate care facility, intermediate care facility for persons with intellectual and developmental disabilities, rehabilitation facility, inpatient psychiatric facility, home health agency, rural health clinic, and outpatient surgical clinic.




Sec. 47.25.200. Review of eligibility.
Assistance grants under AS 47.25.120 — 47.25.300 shall be reviewed by the department as frequently as it considers necessary, and the amount of assistance may be changed or entirely withdrawn if the review of the circumstances warrants this action.


Sec. 47.25.205. Priority of general relief medical assistance.
If the department finds that the cost of medical assistance for all persons eligible under AS 47.25.120 — 47.25.300 will exceed the amount allocated in the state budget for that assistance for the fiscal year, the department shall eliminate coverage for medical services in the following order:
     (1) treatment of speech, hearing, and language disorders;

     (2) optometrists’ services and eyeglasses;

     (3) occupational therapy;

     (4) emergency dental services for adults;

     (5) prosthetic devices not including dentures;

     (6) medical supplies and equipment;

     (7) physical therapy;

     (8) outpatient laboratory and outpatient x-ray services;

     (9) ambulatory surgical center services;

     (10) nonemergency medical transportation;

     (11) outpatient physician services;

     (12) outpatient hospital services;

     (13) intermediate care facility services;

     (14) skilled nursing facility services;

     (15) emergency medical transportation;

     (16) pharmaceuticals;

     (17) inpatient physician services;

     (18) inpatient hospital services.




Sec. 47.25.210. Alienation and attachment.
Assistance granted under AS 47.25.120 — 47.25.300 is inalienable by assignment or transfer and is exempt from garnishment, levy, or execution as provided in AS 09.38 (exemptions).


Sec. 47.25.220. State’s claim for assistance.
The total amount paid in assistance to a recipient constitutes a claim against the recipient and the recipient’s estate. On the death of a person receiving assistance, the total amount paid as assistance shall be allowed by the court having jurisdiction over the estate.


Sec. 47.25.230. Persons liable for support and burial.
Every needy person shall be supported while living and upon dying, shall be given a decent burial by the spouse, children, parents, grandparents, grandchildren, or siblings of the needy person, if they, or any of them, have the ability to do so, in the order named. Every designated person who fails to support the needy person when directed by the department to do so, or fails to give the needy person a decent burial shall reimburse the state or a municipality for the funds expended by either the state or a municipality for the relief or burial of the needy person, and these sums with interest and costs may be recovered by the state or a municipality of the state in a civil action.


Sec. 47.25.240. Action against person liable for care of recipient.
If, during the continuance of an allowance, the department ascertains that a person liable for the support of the recipient of assistance is able to provide the necessary care and support of the recipient, and the person liable for the care and support of the recipient fails or refuses to support and care for the recipient, the state has a claim for the assistance against the person liable for it. This claim may be enforced by civil action brought in the name of the state by the attorney general against the person liable for the recovery of the amount of money, with interest, paid to the recipient, together with the costs and disbursements of the action.


Sec. 47.25.250. Temporary relief.
When a needy person is not entitled to assistance under AS 47.25.120 — 47.25.300 and has no relatives in the state liable for support under AS 47.25.230 and 47.25.240, the needy person may receive temporary assistance in the form and amount which the department considers necessary. Temporary assistance for needs other than transportation and medical care may not exceed $120 per person per month.


Sec. 47.25.252. Discretionary assistance.
When a needy person is not entitled to assistance under AS 47.25.120 — 47.25.300, the needy person may receive assistance in the form and amount that the department considers necessary.


Sec. 47.25.255. Catastrophic illness. [Repealed, § 2 ch 107 SLA 1978. For current law, see AS 47.08.]
Sec. 47.25.260. Recovery and disposition of allowances improperly granted.
If the department finds that a general relief allowance has been improperly granted, it shall investigate, and if it appears from the investigation that the assistance was improperly granted, the department may cancel the allowance and notify the recipient of the cancellation. The state then has a claim against the person who received the improper allowance. The claim may be enforced by civil action in the name of the state by the attorney general to recover the amount paid to the person, with interest, together with the necessary costs of the action.


Sec. 47.25.265. Cancellation of disbursements.
 (a) Disbursements issued to a general relief assistance recipient after the date of death of the recipient shall be canceled.

 (b) General relief assistance disbursements made before the death of the recipient but not collected by the recipient before death shall be canceled, unless claimed by the authorized representative of the estate of the recipient within 90 days after the date of death.

 (c) The state is not liable to the estate, heirs, or creditors of the deceased general relief assistance recipient for payment on disbursements canceled under (a) and (b) of this section.




Sec. 47.25.270. Agreements with federal government.
The department may enter into agreements, arrangements, or contracts with any federal agency, department, or official under which funds made available to the federal agency, department, or official may be transferred to the department and spent in accordance with AS 47.25.120 — 47.25.300 for assistance to needy persons.


Sec. 47.25.280. Obtaining assistance by fraud. [Repealed, § 42 ch 143 SLA 1982.]
Sec. 47.25.290. Penalty for violation.
A person who violates a provision of AS 47.25.120 — 47.25.300 is guilty of a misdemeanor and upon conviction is punishable by a fine of not more than $1,000 or by imprisonment for not more than one year, or by both.


Sec. 47.25.300. Definitions.
In AS 47.25.120 — 47.25.300,
     (1) “assistance” means financial assistance to or on behalf of a needy person, including subsistence (food, shelter, fuel, clothing, and utilities) and transportation, medical needs (including, but not limited to, hospitalization, nursing, and convalescent care), burial, and other determined needs;

     (2) “department” means the Department of Health and Social Services;

     (3) “needy person” means a needy resident of the state who is not eligible for aid from another public agency or department providing similar services in the state;

     (4) “public medical institution” means a public hospital or medical institution, except an institution for the treatment of tuberculosis or mental disease.




Secs. 47.25.301 — 47.25.420. Aid to Families with Dependent Children Act. [Repealed, §§ 48, 49, 59 ch 107 SLA 1996.]
Secs. 47.25.421 — 47.25.429. Job Opportunity and Basic Skills Program. [Repealed, § 49 ch 107 SLA 1996.]

Article 3. Adult Public Assistance.


Sec. 47.25.430. Adult public assistance.
 (a) Financial assistance shall be given under AS 47.25.430 — 47.25.615, so far as practicable under appropriations made by law, to every aged, blind, or disabled needy resident who has not made a voluntary assignment or transfer of property to qualify for assistance. In this subsection, “resident” means a person who is living in the state voluntarily with the intention of making the state the person’s home and who is not living in the state for a temporary purpose.

 (b) The department shall determine the amount of assistance with regard to the resources and needs of the person and the conditions existing in each case. Assistance shall be in an amount that will provide the applicant with reasonable subsistence compatible with decency and health in accordance with standards established by the department and with the standards established under 42 U.S.C. 1381 — 1383 (Title XVI, Social Security Act Supplemental Security Income Program). Direct payments for medical services and remedial care may not be considered in determining the maximum amount payable. When benefit amounts under 42 U.S.C. 1381 — 1383 are increased as a result of an increase in the cost of living, the state shall pass along the increase to recipients and shall increase the amount of the state contribution to recipients, other than those receiving a personal needs allowance, by a percentage of the state contribution equal to the percentage increase in the benefit amounts under 42 U.S.C. 1381 — 1383 if the legislature has appropriated money specifically for the purpose of increasing the state contribution because of an increase in federal benefit amounts under 42 U.S.C. 1381 — 1383; this increase in the state contribution takes effect on the same day that the corresponding federal increase in benefits under 42 U.S.C. 1381 — 1383 takes effect.

 (c) Payment under AS 47.25.430 — 47.25.615 may not be made to a person who is a resident of a public institution, except as a patient in a public medical institution, or a person who is a patient in a public or private institution for treatment of a mental disease. For purposes of this subsection, “resident” and “patient” do not include a person who is institutionalized for medical services for a period of less than three months if the person needs to continue to maintain and provide for the expenses of a home or living arrangement to which that person may return upon discharge from the institution.

 (d) A resident of an institution may, upon or in anticipation of leaving the institution, apply for assistance under AS 47.25.430 — 47.25.615 instead of the support and maintenance provided in the institution.

 (e) Notwithstanding (a) and (b) of this section, the department shall, in a manner that complies with federal requirements, reduce the maximum state contribution to recipients otherwise payable on August 24, 1993 to the maximum state contribution to recipients that was in effect on January 1, 1992. On and after August 24, 1993, the department shall, in a manner that complies with federal requirements, calculate the amount of monthly assistance for a recipient based on the maximum state contribution to recipients in effect on January 1, 1992, as modified by any increase under (b) of this section.

 (f) Unless the person is not eligible under the limited eligibility provision of 8 U.S.C. 1613, a state payment under AS 47.25.430 — 47.25.615 shall be made to a person who
     (1) meets the requirements of state law;

     (2) is a qualified alien as defined in 8 U.S.C. 1641; and

     (3) otherwise meets the eligibility requirements of 42 U.S.C. 1381 — 1383.




Sec. 47.25.435. Exclusion of income.
Notwithstanding the provisions of AS 47.25.430 — 47.25.615, if the applicable provisions of 42 U.S.C. 301 — 1397f (Social Security Act), as amended, permit, in determining the need of an applicant for, or a recipient of, an assistance grant under AS 47.25.430 — 47.25.615, the department shall exclude from the computation of the applicant’s or recipient’s income the amounts specified in 42 U.S.C. § 1382a(b), as amended, amounts specified in regulations adopted to implement the supplemental security income provisions of federal law, and any amounts specified by the department by regulation so long as exclusion of those amounts is not in conflict with federal law.


Sec. 47.25.440. Application for assistance.
A person requesting assistance shall apply for it, either personally or through another, upon forms furnished and under regulations adopted by the department.


Sec. 47.25.450. Investigation of applicant.
Upon application, the department shall investigate promptly and record the circumstances of each applicant to determine the facts supporting the application and other information required by the department.


Sec. 47.25.455. Interim assistance.
 (a) The department shall pay at least $280 a month to a person eligible for assistance under this chapter while the eligibility of the person for benefits under 42 U.S.C. 1381 — 1385 (Title XVI, Social Security Act, Supplemental Security Income Program) is being determined. Payments in excess of $280 a month may be made under this section if the department determines that money is available for excess payments.

 (b) Notwithstanding (a) of this section, the department may not make monthly payments in excess of the total amount of state and federal monthly payments to which the person would be entitled if the person is determined to be eligible for benefits under 42 U.S.C. 1381 — 1385.

 (c) A person applying for assistance under this section shall, as a condition of eligibility for assistance, agree to repay the state for assistance granted upon the person’s receipt of a benefit under 42 U.S.C. 1381 — 1383 for a month in which the person received interim assistance under this section. The monthly repayment required by this subsection may not exceed the amount of assistance that the person received under 42 U.S.C. 1381 — 1383 for that month.

 (d) Beginning the first full month after a person is determined to be eligible for assistance under 42 U.S.C. 1381 — 1383, the department shall terminate interim assistance to that person under this section and begin payments to the person under AS 47.25.430.




Sec. 47.25.460. Award, reduction, termination, and appeal.
 (a) Upon completion of the investigation, the department shall promptly decide whether the applicant is eligible for and should receive adult public assistance, the amount of it, the manner of paying it, and the date on which it starts. The department may make additional investigation that it considers necessary and shall make its decision as to the granting of assistance and the amount and nature of assistance as is justified and in conformity with AS 47.25.430 — 47.25.615. The department shall notify the applicant of its decision in writing.

 (b) Assistance under AS 47.25.430 — 47.25.615 is subject to review. If a recipient of adult public assistance or the spouse of a recipient with whom the recipient is living acquires nonexempt property exceeding resource limitations, or income sufficient to maintain the recipient properly, then the assistance granted to the recipient shall either be terminated or reduced to an amount reflecting the reduced need as determined by the department in accordance with applicable regulations. Upon review, the department may, after having provided opportunity for a hearing under (c) of this section, change the assistance granted or terminate it entirely if it finds that the circumstances are changed sufficiently to warrant this action.

 (c) A recipient whose award is proposed to be modified or terminated, or an applicant whose application is denied by the department, shall be granted an opportunity for a hearing before the office of administrative hearings (AS 44.64.010). The hearing shall be held promptly after a request for hearing is made. The hearing shall be conducted in accordance with regulations adopted by the department.

 (d) Each award shall be paid on a monthly basis. In case it is impracticable by reason of slow or interrupted means of communication for a disbursement covering a month’s assistance to reach the recipient in due course, the department may transmit disbursements covering assistance for future months and may deliver all of them to the recipient at one time.




Sec. 47.25.470. Payment when recipient incapacitated.
If a person receiving assistance is incapable of self-care or care of the funds granted under AS 47.25.430 — 47.25.615, the department may direct the payment of the funds to the recipient’s legally appointed guardian or to another person as designated by the department for the recipient’s benefit.


Sec. 47.25.480. Cancellation or reduction of assistance. [Repealed, § 30 ch 138 SLA 1982.]
Sec. 47.25.490. Imprisoned recipients.
If a recipient is convicted of a crime or offense, and punished by imprisonment, payment may not be made during the period of imprisonment, and the department may, in its discretion, declare the assistance forfeited.


Sec. 47.25.500. Recovery of assistance improperly granted.
 (a) If the department has reasonable grounds for believing that assistance was improperly granted, it shall investigate and document the grounds in the case file, and, if it appears as a result of the investigation that assistance was improperly granted, it may, after providing an opportunity for a hearing, terminate or reduce assistance and notify the recipient to that effect. The department shall continue the payment of benefits pending the hearing. The state has a claim against a person who received an improper amount of assistance. The claim may be enforced by an action instituted in the name of the state by the attorney general to recover the amount paid to the person, with interest, together with the necessary costs of the action.

 (b) If the department finds that recovery would work a financial hardship on the recipient to the extent that the health and well-being of the recipient would be threatened or that the costs of recovery would exceed the amount of assistance improperly granted, it shall waive recovery or reduce the amount to be recovered.




Sec. 47.25.510. Modification of assistance. [Repealed, § 30 ch 138 SLA 1982.]
Sec. 47.25.515. Cancellation of disbursements.
 (a) Disbursements issued to a recipient of assistance under AS 47.25.430 — 47.25.615 after the date of death of the recipient shall be canceled.

 (b) Assistance disbursements issued before the death of the recipient but not collected before death shall be canceled, unless claimed by the authorized representative of the estate of the recipient within 90 days after the date of death.

 (c) The state is not liable to the estate, heirs, or creditors of the deceased assistance recipient for payment on disbursements canceled under (a) or (b) of this section.




Sec. 47.25.520. Leaving the state.
 (a) A person receiving assistance who leaves the state may not receive assistance during the absence.

 (b) This section does not apply to a recipient who temporarily leaves the state for
     (1) medical treatment;

     (2) a vacation, business trip, or other absence of less than 30 days unless the time is extended in specific cases by the department;

     (3) vocational, professional, or other special education of more than 90 days if a comparable program is not reasonably available in the state; or

     (4) postsecondary education.




Sec. 47.25.530. Reports by department.
The department shall make reports in detail that are required of it by the governor or by the federal government or a federal agency.


Sec. 47.25.540. Annual reports. [Repealed, § 35 ch 126 SLA 1994.]
Sec. 47.25.550. Alienation and attachment.
Assistance granted under AS 47.25.430 — 47.25.615 is inalienable by an assignment or transfer and is exempt from garnishment, levy, or execution as provided in AS 09.38 (exemptions).


Secs. 47.25.560 , 47.25.570. Government’s claim; security and lien. [Repealed, § 7 ch 234 SLA 1970.]
Sec. 47.25.575. Property taken under eminent domain powers.
If a recipient’s property is taken for urban renewal or other public purposes and the recipient expresses an intent to purchase a personal dwelling, the proceeds that are paid the recipient as a result of the taking shall be paid by the taking authority into an escrow account under escrow instructions approved by the department. If the proceeds are paid into such an account and are applied by the recipient within one year to the purchase of a personal dwelling, the proceeds may not cause a reduction of the amount of assistance to which the recipient would otherwise be entitled. The department shall inform the recipient of the provisions of this section at the time of the taking.


Sec. 47.25.580. Action against person liable for care of recipient.
If during the continuance of assistance the department finds that a person liable for the support of the recipient of assistance is able to provide the necessary care and support of the recipient and the person liable for the care and support of the recipient fails or refuses to support and care for the recipient, then the state has a cause of action for the assistance against the person liable for it. The action may be brought in the name of the state by the attorney general against the person liable for the recovery of the amount of money, with interest, paid to the recipient, together with the costs and disbursements of the action. The amount collected shall be paid to the Department of Revenue.


Sec. 47.25.590. Policy and purpose of AS 47.25.430 — 47.25.615.
 (a) It is the policy of the state and the purpose of AS 47.25.430 — 47.25.615 to cooperate and coordinate with the United States government and its agencies in providing for and administering the laws of the federal and state governments having for their purpose adult public assistance for residents of this state.

 (b) The purpose of AS 47.25.430 — 47.25.615 is to furnish financial assistance as far as practicable to needy aged, blind, and disabled persons, and to help them attain self-support or self-care.




Sec. 47.25.595. Transfer of funds.
The department may enter into contracts or arrangements with any federal agency, department, or official under which funds made available to the federal agency, department, or official may be transferred to the department and spent in accordance with AS 47.25.430 — 47.25.615.


Sec. 47.25.600. Obtaining assistance by fraud. [Repealed, § 42 ch 143 SLA 1982.]
Sec. 47.25.610. Penalty for violations.
A person who violates a provision of AS 47.25.430 — 47.25.615 is guilty of a class B misdemeanor.


Sec. 47.25.615. Definitions.
In AS 47.25.430 — 47.25.615,
     (1) “aged” means 65 or more years of age;

     (2) “assistance” means money payments to or medical care on behalf of, or any type of remedial care recognized by the department on behalf of, needy aged, blind, or disabled persons who are 18 or more years of age and residents of the state;

     (3) “blind” means having no vision or having vision that is so defective as to prevent the performance of ordinary activities for which eyesight is essential;

     (4) “department” means the Department of Health and Social Services;

     (5) “disabled” means being unable to engage in substantial gainful activity by reason of a medically determinable physical or mental impairment that can be expected to result in death or that has lasted or can be expected to last for a continuous period of not less than 12 months;

     (6) “public institution” means a governmentally owned establishment that furnishes food, shelter, and some additional treatment or services to 16 or more persons;

     (7) “public medical institution” means a public hospital or a public institution providing medical care, except an institution for the treatment of mental disease.




Secs. 47.25.620 — 47.25.970. Aid to the blind and permanently and totally disabled. [Repealed, § 30 ch 138 SLA 1982.]

Article 4. Alaska Affordable Heating Program.


Sec. 47.25.621. Alaska affordable heating program.
 (a) The Alaska affordable heating program is established in the Department of Health and Social Services to provide expanded eligibility for Alaska residents for home heating assistance, to the extent funds are available in the Alaska affordable heating fund.

 (b) The Alaska affordable heating program established under this section is in addition to the federal low-income heating and energy assistance provided under 42 U.S.C. 8621 — 8629 (Low-Income Home Energy Assistance Act of 1981), as amended, and implementing regulations.

 (c) The Alaska affordable heating fund is established as a separate fund to be managed by the Department of Revenue. The fund consists of appropriations made to it. Interest earned by the fund may be appropriated to it. The Department of Health and Social Services shall use money in the fund for Alaska affordable heating payments.




Sec. 47.25.622. Duties.
The Department of Health and Social Services shall
     (1) administer the Alaska affordable heating program provided under AS 47.25.621;

     (2) adopt regulations under AS 44.62 (Administrative Procedure Act) to carry out the purpose of the program;

     (3) coordinate payments among other heating assistance programs to avoid duplication of payments.




Sec. 47.25.623. Eligibility; payment amount.
 (a) An individual is eligible for home heating assistance payments under the Alaska affordable heating program if the individual
     (1) is a resident of the state;

     (2) is physically present and resides in a home in the state when the home heating costs are incurred;

     (3) for assistance calculated under (b) and (c) of this section, has gross household income not to exceed, as a percentage of the federal poverty guideline for Alaska set by the United States Department of Health and Human Services and revised under 42 U.S.C. 9902(2),
          (A) 225 percent for a determination to be made under (c)(1) — (3) of this section; and

          (B) 250 percent for a determination to be made under (c)(4) of this section; and

     (4) meets other eligibility requirements specified in regulations adopted under AS 47.25.622.

 (b) The Department of Health and Social Services shall determine the number of points for each eligible individual based on the point formula used under 42 U.S.C. 8621 — 8629 (Low-Income Home Energy Assistance Act of 1981), as amended, and implementing regulations. Except as provided in (d) of this section, the amount of the Alaska affordable heating payment for an individual equals the base amount calculated under (c) of this section minus the amount the individual is eligible to receive under the federal low-income home energy assistance program under 42 U.S.C. 8621 — 8629, as amended, and implementing regulations.

 (c) The Department of Health and Social Services shall calculate the base amount of the Alaska affordable heating payment for the individual based on points determined under (b) of this section and on the average price a barrel of Alaska North Slope crude oil for sale on the United States West Coast during September through February of the preceding fiscal year as follows:
     (1) $130 a point when the average price is not more than $75 a barrel;

     (2) $140 a point when the average price is more than $75 and not more than $100 a barrel;

     (3) $150 a point when the average price is more than $100 and not more than $150 a barrel;

     (4) $165 a point when the average price is more than $150 a barrel.

 (d) Under the program authorized by AS 47.25.621 — 47.25.626, taking into consideration the gross household income rates established in (a) of this section and the base amounts to be calculated under (b) and (c) of this section,
     (1) if insufficient money is appropriated to fully fund the Alaska affordable heating payments during the fiscal year, the department
          (A) shall, for the duration of that fiscal year, suspend calculation and payment under (a)(3)(B) of this section and calculate and pay all eligible individuals under (a)(3)(A) of this section; and

          (B) may, to the extent there is or may be an appropriation balance surplus to the amount required to make all payments under (A) of this paragraph, by regulation, establish at any time during the fiscal year a prospective pro rata reduction of the payment rates that the department will pay to eligible individuals under the program during that fiscal year qualifying under (a)(3)(B) of this section and, thereafter, may provide for prorated payments; and

     (2) if the commissioner reasonably determines that the total of appropriations from all sources during the fiscal year may exceed the amount required to fully fund all applications for assistance for Alaska affordable heating payments, the commissioner may expend the amount of excess money, not to exceed the total amount of the appropriations, to carry out the purpose of AS 47.25.621 — 47.25.626; under the authority of this paragraph, the commissioner shall distribute the estimated excess money pro rata among individuals receiving assistance under this section without regard to the limitations set out in the dollar value of the point formula expressed in (c)(1) — (4) of this section.




Sec. 47.25.624. Appeal rights.
Except as provided in AS 47.25.626(e), an individual who receives a determination from the department that denies, limits, or modifies home heating payments under AS 47.25.621 — 47.25.626, other than a determination based on insufficient funding of the program, may request a hearing before the office of administrative hearings (AS 44.64.010) under regulations adopted by the department.


Sec. 47.25.625. Ability to recover or recoup improper home heating assistance payments.
An individual is liable to the department for the value of assistance improperly paid under AS 47.25.623 if the improper payment was based on inaccurate or incomplete information provided by the individual. In a civil action brought by the state to recover from the individual the value of the assistance improperly paid, the state may recover from the individual the costs of investigation and prosecution of the civil action, including attorney fees as determined under court rules.


Sec. 47.25.626. Regional heating assistance program.
 (a) The Department of Health and Social Services may develop a regional Alaska heating program for the administration of AS 47.25.621 — 47.25.626 to provide home heating assistance in a uniform and cost-effective manner in a region of this state if an Alaska Native organization is authorized to implement a federally approved tribal family assistance plan that includes that region and has been awarded a tribal energy assistance grant for a program that includes that region under 42 U.S.C. 8623(d).

 (b) The department may award contracts to implement a program developed under (a) of this section. A contract authorized for delivery of home heating assistance under a regional Alaska heating program under this section is exempt from the competitive bid requirements of AS 36.30 (State Procurement Code). Subject to appropriation, a contract under this section must be in an amount that represents a fair and equitable share of the money appropriated for the Alaska affordable heating program under AS 47.25.621 — 47.25.626 to serve the state residents specified in (a) of this section. The authority provided under this section to contract is in addition to the authority to contract in AS 47.05.015 or other law.

 (c) The department may award a contract under this section only to an organization that
     (1) has been awarded a tribal energy assistance grant under 42 U.S.C. 8623(d) for a program that includes that region;

     (2) agrees to administer home heating assistance under AS 47.25.621 — 47.25.626 to state residents in the region; and

     (3) agrees to implement an appeals process as described in (e) of this section.

 (d) Records pertaining to recipients of home heating assistance under a contract awarded under this section are confidential and not subject to disclosure under AS 40.25.100 — 40.25.220.

 (e) An organization that receives a contract under this section shall provide an appeals process to applicants for or recipients of home heating assistance covered by the contract awarded under this section. The appeals process must be the same as the method available under AS 47.25.624, except that the decision reached shall be considered a recommended decision to the department. Within 30 days after receiving a recommended decision, the department shall review the recommended decision and issue a decision accepting or rejecting the recommended decision. If the department rejects the recommended decision, the department shall independently review the record and issue its final decision. The final decision of the department on the matter is appealable to the courts of this state.

 (f) If the department establishes a regional Alaska heating program and awards a contract to provide home heating assistance under this section,
     (1) a person applying for home heating assistance under AS 47.25.621 — 47.25.626 in the region of the state covered by the regional Alaska heating program may obtain home heating assistance from the department only through the organization designated by the department to serve the region;

     (2) the department may require the contractor
          (A) to operate and administer the contract in a manner consistent with the organization’s federally approved energy assistance grant and plan; or

          (B) to apply the provisions of AS 47.25.623 to determine eligibility for home heating assistance to a person for whom assistance may be paid under the contract or may allow the contractor to use other criteria to determine that eligibility.




Article 5. Food Stamp Program.


Sec. 47.25.975. Food stamp program.
 (a) The department is authorized to implement the food stamp program.

 (b) Householders determined by the department to be eligible for assistance under the food stamp program may obtain food stamp allotments; however, under regulations adopted by the department, a householder may receive all or part of the value of the food stamp allotment in the form of a wage subsidy under AS 47.27.025(e) if
     (1) the householder is a member of a family eligible for the Alaska temporary assistance program under AS 47.27; and

     (2) the department determines that the wage subsidy authorized under this subsection would aid the householder in the successful completion of the family self-sufficiency plan under AS 47.27.030.

 (c) Food stamp allotments, other than a wage subsidy authorized under (b) of this section, shall be used to purchase food from retail food stores that have been approved for participation in the food stamp program. Eligible households living in certain remote areas shall be permitted to purchase certain items of hunting and fishing equipment for the purpose of procuring food for the household, except firearms, ammunition, and other explosives, in accordance with regulations that the Secretary of Agriculture adopts.




Sec. 47.25.980. Duties of department.
 (a) The department shall
     (1) adopt regulations necessary to carry out the food stamp program;

     (2) cooperate with the federal government and do all things necessary to continue state eligibility under the food stamp program;

     (3) comply with the requirements of 7 U.S.C. 2011 — 2036 (Food Stamp Program).

 (b) The department may designate and change areas in the state in which the food stamp program shall be carried out.




Sec. 47.25.983. Reporting change of status. [Repealed, § 42 ch 143 SLA 1982.]
Sec. 47.25.985. Violations; penalty.
 (a) A person is guilty of a misdemeanor if the person
     (1) knowingly acquires, possesses, uses, alters, or transfers food stamp allotments in violation of AS 47.25.975 — 47.25.980 or the regulations adopted under AS 47.25.980;

     (2) presents food stamp allotments or causes them to be presented for payment or redemption knowing them to have been transferred, received, altered, or used in a manner violating AS 47.25.975 — 47.25.980 or the regulations adopted under AS 47.25.980;

     (3) knowingly acquires, uses, alters, or transfers a wage subsidy authorized under AS 47.25.975(b) in violation of AS 47.25.975 — 47.25.980, AS 47.27.025(e), or the regulations adopted under AS 47.25.980 or AS 47.27.025(e).

 (b) Upon conviction a person shall be fined not more than $1,000 or imprisoned for not more than one year, or both.




Sec. 47.25.990. Definitions.
In AS 47.25.975 — 47.25.985,
     (1) “department” means Department of Health and Social Services;

     (2) “food” means any food or food product for human consumption except alcoholic beverages and tobacco and includes seeds and plants for use in gardens to produce food for the personal consumption of the eligible household;

     (3) “food stamp allotments ” means any coupon, stamp, electronic benefit, or type of allotment issued under 7 U.S.C. 2011 — 2036 (Food Stamp Program);

     (4) “food stamp program” means the federal food stamp program authorized by 7 U.S.C. 2011 — 2036.




Article 1. Administrative Provisions.


Chapter 27. Alaska Temporary Assistance Program.

Sec. 47.27.005. Duties of the department.
The department shall
     (1) administer the Alaska temporary assistance program by providing cash assistance, diversion payments, and self-sufficiency services to needy children and their families under this chapter and, if appropriate, by establishing regional public assistance programs to provide effectively for varying conditions in regions of the state designated by the department;

     (2) establish, by regulation, program standards for incentives to work, incentives for financial planning, cash assistance, diversion payments, self-sufficiency services, and other opportunities to develop self-sufficiency;

     (3) prepare, submit to the federal government, and amend, if necessary, a state plan designed to ensure that federal money is available to the state for the operation of the program set out in this chapter to provide cash assistance, diversion payments, and self-sufficiency services to needy children and their families consistent with the state objectives identified in (2) of this section;

     (4) adopt methods of program administration to ensure consistency with the federal requirements under the federal Temporary Assistance for Needy Families program;

     (5) make reports regarding the program to the federal government as required under federal law, in the form and containing the information required, and comply with the provisions that the federal government determines are necessary to ensure correct and verifiable information on the program;

     (6) provide to the legislature an annual executive summary of the information required to be reported to the federal government under (5) of this section;

     (7) conduct studies and research in order to evaluate and monitor the effectiveness of the state program; and

     (8) adopt regulations and take action to implement, interpret, and administer the provisions of this chapter.




Article 2. Alaska Temporary Assistance Program.


Sec. 47.27.010. Eligible families.
The following families may apply under the Alaska temporary assistance program:
     (1) a single parent who has the physical custody of one or more related dependent children;

     (2) a caretaker of one or more dependent children who is a relative to at least the fifth degree;

     (3) a woman in the last trimester of pregnancy;

     (4) a two-parent family with physical custody of one or more related dependent children.




Sec. 47.27.015. Disqualifying conditions.
 (a) A family is not eligible for cash assistance under the Alaska temporary assistance program if the family includes an adult who
     (1) has received cash assistance under the Alaska temporary assistance program, or a program of another state operated under a federal assistance grant program for needy families, for a total of 60 months as the caretaker or spouse of a caretaker of a dependent child or as a pregnant woman, unless the caretaker or pregnant woman is
          (A) a person who the department has reasonable cause to believe is or recently has been the victim of domestic violence, as defined in AS 18.66.990, and the physical, mental, or emotional well-being of the victim would be endangered by a strict application of the time limit otherwise applicable under this subsection;

          (B) determined, under regulations of the department to be physically or mentally unable to perform gainful activity;

          (C) a parent who is providing care for a child who is experiencing a disability; or

          (D) a family determined by the department to be exempt from this paragraph by reason of hardship; or

     (2) is determined to be fleeing to avoid prosecution, custody, or confinement after conviction, in this or another jurisdiction, for a crime that is classified as a felony or a class A misdemeanor under AS 11 or the criminal laws of the jurisdiction where the criminal activity was committed.

 (b) A family is not eligible for cash assistance or self-sufficiency services under this chapter for a period of 120 months beginning on the date the adult applicant for the family is convicted of having fraudulently misrepresented the applicant’s residence in order to receive cash assistance or self-sufficiency services in more than one state under a program financed with federal money under any successor federal program that replaces the aid to families with dependent children program.

 (c) A family is not eligible for cash assistance for the following time periods if the family’s demonstrated need for cash assistance is due to a refusal of or voluntary separation from suitable employment by the adult applicant, or a custodial parent or caretaker, without good cause:
     (1) one month for the first refusal or separation without good cause;

     (2) six months for the second refusal or separation without good cause; and

     (3) 12 months for the third and subsequent refusal or separation without good cause.

 (d) A family is not eligible for cash assistance or self-sufficiency services for up to 12 months if the family’s demonstrated need is due to an intentional transfer of an asset or assets at less than fair market value for the purpose of establishing eligibility for cash assistance or self-sufficiency services. A period of ineligibility shall begin on the first day of the month following the transfer of the asset or assets and shall remain in effect for a number of months equal to the fair market value of the transferred asset or assets divided by the maximum payment amount for the family as established under AS 47.27.025, or for 12 months, whichever is less.

 (e) An Alaska temporary assistance program applicant or participant who is administratively disqualified for making a false statement or misrepresentation knowing it was false, or for knowingly failing to disclose a material fact, in order to obtain or increase cash assistance or self-sufficiency services under this chapter is not eligible to receive cash assistance or self-sufficiency services under this chapter for a period of
     (1) six months following the first disqualification;

     (2) 12 months following the second disqualification; and

     (3) permanently following the third disqualification.

 (f) The number of families for which an exemption is in effect under (a)(1) of this section may not exceed 25 percent of the number of families receiving cash assistance under this chapter.

 (g) A person who is an alien is not eligible for cash assistance under this chapter unless the person is a qualified alien under 8 U.S.C. 1641 or an alien excepted under 8 U.S.C. 1612(b). However, a qualified alien may only be eligible for cash assistance under this chapter if the person is not precluded by the limited eligibility provision of 8 U.S.C. 1613.

 (h) When determining under (a)(1) of this section whether an adult has received cash assistance for a total of 60 months, the department shall disregard the months that are required to be disregarded under 42 U.S.C. 608(a)(7)(D).

 (i) A person convicted after August 22, 1996, of an offense that is classified as a felony under AS 11.71.010 - 11.71.040 or by the law of another jurisdiction that has as an element the possession, use, or distribution of a controlled substance, as defined in AS 11.71.900, is disqualified from receiving temporary assistance under this chapter or food stamps under AS 47.25 unless the person demonstrates, to the satisfaction of the department, that the person
     (1) is satisfactorily serving, or has successfully completed, a period of probation or parole;

     (2) is in the process of serving, or has successfully completed, mandatory participation in a drug or alcohol treatment program;

     (3) has taken action toward rehabilitation, including participation in a drug or alcohol treatment program; or

     (4) is successfully complying with the requirements of the person’s reentry plan.




Sec. 47.27.020. Application requirements.
 (a) An applicant under the Alaska temporary assistance program shall complete an application in writing, or by electronic means, and in a form specified by the department. The applicant must be a pregnant woman or an individual who has physical custody of the dependent child or children. The application must be complete and must provide all of the information about the family and the child or children that is requested by the department. The applicant shall provide all supporting documentation for verification that the department determines to be necessary to establish eligibility.

 (b) On the application, each applicant shall attest to whether the family, at any time, has received cash assistance or self-sufficiency services from another state program that was established with federal money under the federal Temporary Assistance for Needy Families program and whether the family has ever been disqualified from receiving cash assistance or self-sufficiency services under the federal Temporary Assistance for Needy Families program for the period for which the application has been submitted.

 (c) An applicant shall agree to cooperate with the department to establish a family self-sufficiency plan and to participate in work activities when assigned by the department.

 (d) An applicant shall acknowledge the assignment of support rights as required by AS 47.27.040(a) and shall agree to cooperate with the child support services agency of the Department of Revenue to the extent required under AS 47.27.040(b). The applicant shall agree to report all child support payments received directly by the family, during or for a period for which the family is receiving cash assistance under this chapter, to the department within 15 days after receipt of those payments.

 (e) An applicant shall update the information requested in the application at regular intervals as established by the department in regulation. The department may conduct reviews of an application and audit the information provided as necessary to determine eligibility.




Sec. 47.27.025. Cash assistance.
 (a) The department shall provide cash assistance to families that establish eligibility based on a determination of need that considers the family’s available income, assets, and other resources, as established by the department in regulation. Each dependent child in the family is eligible for cash assistance except as otherwise provided in AS 47.27.015 or 47.27.027(b), and cash assistance received as a dependent child does not count against eligibility for cash assistance under this chapter as a caretaker or spouse of a caretaker of a dependent child or as a pregnant woman.

 (b) The amounts of cash assistance may not exceed the following:
     (1) for a dependent child living with a nonneedy relative caretaker, $452 per month, plus $102 for each additional child;

     (2) for a dependent child living with at least one needy parent or relative caretaker, $821 per month, plus $102 for each additional child and $102 for a second needy parent if the second parent is physically or mentally unable to perform gainful activity as defined by department regulation; or

     (3) for a family consisting solely of an eligible pregnant woman, $514 per month.

 (c) The department shall, for the months of July, August, and September, reduce by 50 percent the maximum cash assistance for which the family is otherwise eligible if the family’s eligibility for cash assistance is based on AS 47.27.010(4), unless the second needy parent is determined, under regulations of the department, to be physically or mentally unable to perform gainful activity or to be providing care for a child who is experiencing a disability that requires 24-hour care, as certified by a physician or other licensed medical professional. However, if the commissioner determines that temporary economic conditions have resulted in decreased employment opportunities during those months and a reduction in cash assistance would impose an undue hardship on a family, the department may waive application of this subsection with respect to that family.

 (d) The department shall reduce cash assistance under this section to the extent that the family’s shelter costs are lower than the standard shelter allowance used by the department for similar families. The shelter allowance for a family whose costs are below the standard allowance shall be an amount equal to the family’s actual verified shelter costs. In this subsection,
     (1) “shelter allowance” means the portion of the cash assistance provided under this section that is allocated by the department for shelter costs;

     (2) “shelter costs” means
          (A) rental payments or mortgage payments for the family’s housing, including payments made for property or mortgage insurance and property taxes; and

          (B) the cost of utilities, including heat, electricity, basic telephone service, water, sewer, and garbage services incurred for the family’s housing; the department may establish different utility cost standards for different areas of the state and may use an average utility cost per month based on estimated level payments over a 12-month period.

 (e) The department may, instead of paying all of the cash assistance to a family under this section, use all or part of the cash assistance as a wage subsidy paid to an employer who employs a person in the family at a wage that is higher than the wage subsidy. If authorized under AS 47.25.975(b), the department may, instead of paying all of a family’s food stamp allotment under AS 47.25.975 — 47.25.990 in a form restricted to buying food, use all or part of the value of the family’s food stamp allotment as a wage subsidy paid to an employer who employs a person in the family at a wage that is higher than the total of the wage subsidies paid under this subsection for employment of the person. A subsidy under this subsection may not exceed one year in duration.




Sec. 47.27.026. Diversion payments.
 (a) The department may offer a lump-sum diversion payment in place of ongoing cash assistance to an adult applicant who applies under AS 47.27.020 if the adult applicant is job ready and is determined to need only short-term financial assistance and self-sufficiency services to meet critical needs in order to secure employment and support for the adult applicant’s family. The department shall set standards and conditions for diversion payments and self-sufficiency services by regulation.

 (b) The department may pay a diversion payment to an applicant’s family only if that family appears to be eligible for cash assistance under AS 47.27.020 and to include a job-ready individual based on the information provided to the department in the application completed under AS 47.27.020. The department may offer to an applicant with the potential to participate in the diversion project a choice between
     (1) having the Alaska temporary assistance program application processed under AS 47.27.020 and the regulations adopted by the department; or

     (2) having the application referred to the diversion project of the Alaska temporary assistance program for a determination of eligibility for a diversion project payment and self-sufficiency services under this section.

 (c) The amount of a diversion payment with self-sufficiency services must be sufficient to meet the family’s immediate needs as determined by the department and the participant. A diversion payment may not exceed the amount the family would be eligible to receive as cash assistance in the first three months of eligibility under AS 47.27.025 if the family did not elect to receive a diversion payment.

 (d) As a condition of a family receiving a diversion payment under this section, the participant must sign an agreement that
     (1) specifies
          (A) the amount of the diversion payment and the needs it is intended to cover;

          (B) the self-sufficiency services required to meet the family’s immediate needs;

     (2) provides that, during the three-month period beginning with the month in which the diversion payment was received, child support collected on behalf of a child whose needs were considered in determining the diversion payment shall be paid to the family; and

     (3) provides that if the family reapplies under AS 47.27.020 during the three months beginning with the month in which the family received a diversion payment, the diversion payment shall be treated as unearned income, prorated over the three-month period, and deducted from any cash assistance that the family may be eligible for under the new application.

 (e) A family that receives a diversion payment may not receive another diversion payment before the 12th month following the month in which it last received a diversion payment. A family may not receive more than four diversion payments.

 (f) To the extent that (d)(2) of this section is inconsistent with AS 25.27.120 or 25.27.130, or with another provision of this chapter, (d)(2) of this section governs.




Sec. 47.27.027. Assistance to minors.
 (a) If an applicant under AS 47.27.020 is not married, is under the age of 18, and has not been previously emancipated under AS 09.55.590, the applicant must
     (1) live in a home maintained by the applicant’s parent, legal guardian, or other adult relative, unless the applicant establishes that there is good cause, as established by the department in regulation, to waive this requirement; if the department waives this requirement, the applicant must live in an approved, adult-supervised, supportive living environment;

     (2) agree that cash assistance on behalf of the applicant’s family may be paid to the applicant’s parent, legal guardian, or other adult relative, or, if applicable, to the adult head of the adult-supervised, supportive living environment in which the applicant resides; and

     (3) maintain attendance in a secondary school or other appropriate training program unless the applicant has a high school diploma or general equivalent diploma.

 (b) The department shall reduce the cash assistance for which an assistance unit is otherwise eligible under this chapter if a minor parent in the assistance unit fails, without good cause, to meet standards of adequate levels of school attendance, as defined in regulations of the department. The reduction under this subsection shall be achieved by disregarding the needs of the person who failed to meet the school attendance standards. The person’s needs shall be disregarded until the minor parent complies.




Sec. 47.27.030. Family self-sufficiency services.
 (a) A participant in the Alaska temporary assistance program shall cooperate with the department, or its designee, to develop and sign a family self-sufficiency plan that includes
     (1) the steps the family will take towards the self-sufficiency of the family;

     (2) the self-sufficiency services the department will provide to assist the family to attain self-sufficiency;

     (3) specific benchmarks to indicate the steps toward successful completion of the family plan;

     (4) a statement that the family may be subject to reductions in cash assistance or self-sufficiency services or other sanctions if the family fails to comply with the family plan; and

     (5) a statement that describes the necessary conditions and the steps that must be taken to renegotiate the terms of the family plan.

 (b) The family self-sufficiency plan must set a time period for the achievement of self-sufficiency from cash assistance under the Alaska temporary assistance program. Initially, that time period may not provide for any more than a total of 60 months of cash assistance under the Alaska temporary assistance program even though the family may eventually be eligible for an exemption under AS 47.27.015(a)(1). Unless the members of the family who are not dependent children are all exempt under AS 47.27.035(b) — (d), the time period for receiving cash assistance may not exceed a cumulative total of 24 months unless each nonexempt person is in compliance with the work activity assignment made under AS 47.27.035.

 (c) A family is exempt from the requirement that the family have a self-sufficiency plan under this section if the family
     (1) does not include a needy adult; or

     (2) [Repealed, § 3 ch 75 SLA 2001.]
     (3) is receiving a diversion payment under AS 47.27.026.

 (d) The department may provide only self-sufficiency services to a family that no longer qualifies for cash assistance due to employment, a family that is disqualified from receiving cash assistance under AS 47.27.015(a)(1), (c), or (g), or a family that qualifies for cash assistance but requests only self-sufficiency services. Self-sufficiency services that are made available to a family under this subsection shall be based on a determination of need established by the department in regulation. If a family receives only self-sufficiency services, the department may waive the self-sufficiency plan requirements specified in (a) and (b) of this section.




Sec. 47.27.035. Participation in work activities.
 (a) An Alaska temporary assistance program participant shall, after the participant’s family has received a cumulative total of 24 months of cash assistance or sooner if assigned to do so by the department, participate in work activities as assigned by the department or its designee in order for the family to continue to receive cash assistance or self-sufficiency services from the department under the Alaska temporary assistance program, unless the participant is exempt from the work participation requirements under one or more of the exemptions set out in (b) — (d) of this section.

 (b) A parent or caretaker with a dependent child of up to 12 months of age may be exempt from work participation requirements for up to 12 months, as established in the family self-sufficiency plan.

 (c) A parent or caretaker may be exempt from work participation requirements in the family self-sufficiency plan if
     (1) the parent or caretaker is providing home care for a child who is experiencing a disability or a related, disabled person who requires 24-hour care;

     (2) the parent or caretaker establishes an inability to participate for medical reasons supported by documentation from a physician or other licensed medical professional;

     (3) the participation would impose an unreasonable hardship on the family; or

     (4) there is a dependent child in the home that has not yet attained six years of age and the parent or caretaker demonstrates an inability to obtain needed child care because appropriate child care is not available.

 (d) The department may not require a person to participate in work activities under (a) of this section
     (1) if the person is the sole custodial parent for a child under six years of age unless the department agrees to pay for the costs of child care determined by the department to be necessary for the person’s participation; and

     (2) unless the department agrees to pay for transportation expenses determined by the department to be necessary for the person’s participation in the activity.

 (e) A participant in work activities under this section is not a state employee for purposes of AS 39.25 (State Personnel Act).

 (f) A participant in work activities under this section is not considered an employee of the state or other public employer for purposes of AS 23.40.070 — 23.40.260 (Public Employment Relations Act) nor shall any provision of a collective bargaining agreement entered into under AS 23.40.070 — 23.40.260 be construed to interfere with the department’s authority to assign participants to work activities as authorized under this section.




Sec. 47.27.040. Assignment of support rights; cooperation with child support services agency.
 (a) An Alaska temporary assistance program applicant is considered to have assigned to the state, through the child support services agency of the Department of Revenue, all rights to accrued and continuing child support, from all sources, that is due for the support of any individuals in the family for whom support is sought. The assignment takes effect upon a determination that the applicant’s family is eligible for cash assistance under this chapter. Except with respect to the amount of any unpaid support obligation accrued under the assignment, the assignment terminates when the family ceases to receive cash assistance under the Alaska temporary assistance program.

 (b) An Alaska temporary assistance program participant shall cooperate with the child support services agency of the Department of Revenue in establishing paternity or establishing, modifying, or enforcing a child support order requiring the payment of support by the noncustodial parent for a dependent child for whom Alaska temporary assistance program cash assistance is received. The child support enforcement agency shall determine whether the participant is in good faith compliance with the requirements of this subsection and shall inform the Department of Health and Social Services of its determination. The Department of Health and Social Services shall establish whether the participant has good cause for refusing to cooperate.

 (c) The department may distribute to an Alaska temporary assistance program participant $50 per month from a monthly child support payment, or the amount of the child support payment if it is less than $50, received by the child support services agency for the support of a child for whom Alaska temporary assistance program cash assistance is paid.




Sec. 47.27.045. Alienation and attachment.
Cash assistance granted under this chapter is inalienable by assignment or transfer and is exempt from garnishment, levy, or execution as is provided in AS 09.38.


Sec. 47.27.050. Grants and contracts for services.
 (a) The department may contract with or award grants to qualified entities in the state to administer an Alaska temporary assistance program or a distinct part of the Alaska temporary assistance program. The department may establish standards for the administration of services under the grant or contract, including fees to be charged to applicants for or recipients of those services.

 (b) Contracts authorized under this section are to be administered in accordance with AS 47.05.015. Grants authorized under this section are to be awarded using requirements, established in regulation, that are substantially similar to those set out in AS 47.05.015 for contracts.

 (c) This section may not be construed to expand the powers of a municipality.

 (d) In this section, “qualified entities” include municipalities, other political subdivisions of the state, nonprofit corporations formed under AS 10.20, churches and religious organizations, and incorporated and unincorporated businesses operating within the state that meet the requirements established by the department in regulation.




Sec. 47.27.055. Agency collaboration.
 (a) The department shall coordinate with other state agencies that provide assistance, benefits, or services to applicants that are eligible for and to participants in the Alaska temporary assistance program in order to facilitate the application for and delivery of assistance, benefits, or services to promote family self-sufficiency. Subject to appropriations, state agencies may locate their facilities and operations near each other in order to improve service delivery.

 (b) The department may provide information received under this chapter to other state agencies in order to facilitate the delivery of services. Information received from an applicant for or participant in the Alaska temporary assistance program shall be treated as confidential by all state agencies that share the information under this section and is not open to public inspection or copying under AS 40.25.110 — 40.25.125. Misuse of public assistance lists or information is punishable as a violation of AS 47.05.030.

 (c) Departments in the executive branch shall cooperate in fulfilling the purposes of this chapter, including, subject to appropriations, the establishment of temporary positions that will provide job opportunities for families participating in the Alaska temporary assistance program. Temporary positions established for this purpose are in the exempt service under AS 39.25.110 but are not subject to AS 39.25.195. An individual participating in the Alaska temporary assistance program who holds a temporary position established for purposes of this subsection is not a public employee for purposes of AS 23.40.070 — 23.40.260.




Sec. 47.27.060. Job development.
The department may establish cooperative agreements with the Department of Labor and Workforce Development, Department of Education and Early Development, and Department of Commerce, Community, and Economic Development, and with other public or private sector organizations for the purpose of developing job, training, and educational opportunities for families eligible for cash assistance or self-sufficiency services under this chapter.


Sec. 47.27.065. Federal-state cooperation.
In the administration of this chapter, the department shall cooperate with the Secretary of the United States Department of Health and Human Services and shall take actions necessary to comply with the requirements of federal law to obtain public assistance block grants or other federal assistance available for the purposes of this chapter. The department shall make reports in the form and containing the information required to the Secretary of the United States Department of Health and Human Services. The department may cooperate with federal agencies charged with the administration of the federal public assistance block grants and other financial assistance.


Sec. 47.27.070. Alaska native organizations’ family assistance programs.
 (a) The department may coordinate only with the following Alaska Native organizations, as designated under federal law, in the development of family assistance programs:
     (1) Arctic Slope Native Association;

     (2) Kawerak, Inc.;

     (3) Maniilaq Association;

     (4) Association of Village Council Presidents;

     (5) Tanana Chiefs Conference;

     (6) Cook Inlet Tribal Council;

     (7) Bristol Bay Native Association;

     (8) Aleutian and Pribilof Island Association;

     (9) Chugachmiut;

     (10) Tlingit Haida Central Council;

     (11) Kodiak Area Native Association;

     (12) Copper River Native Association; and

     (13) Metlakatla Indian Community of the Annette Islands Reserve; however, the department may cooperate with the Metlakatla Indian Community under this chapter only if the community waives any claim to sovereign immunity with respect to matters involved with the family assistance program.

 (b) The department may cooperate with the Alaska Native organizations named in (a) of this section to propose program criteria to the Secretary of the United States Department of Health and Human Services in order to promote programs comparable to the state program in the same area.

 (c) Notwithstanding other provisions of this section, the department may coordinate with an Alaskan Native organization under (a) of this section only if, for purposes of this chapter, the Alaska Native organization incorporates a nonprofit entity under state law and the nonprofit entity is active and in good standing, as determined by the Department of Commerce, Community, and Economic Development.




Sec. 47.27.075. Emergency account established.
There is established within the general fund the Alaska temporary assistance program emergency account. The account consists of appropriations that were made by the legislature from federal money available for cash assistance, diversion payments, and self-sufficiency services under this chapter, including lapsing money that was previously appropriated from federal money for the Alaska temporary assistance program, but that were not expended or obligated in the fiscal year for which they were appropriated.


Sec. 47.27.080. Appeals; dispute resolution.
 (a) An applicant or participant who receives a determination from the department that denies, limits, or modifies the cash assistance, diversion payment, or self-sufficiency services provided under this chapter may request a hearing before the office of administrative hearings (AS 44.64.010). The office of administrative hearings (AS 44.64.010) shall conduct the hearing under the regulations adopted by the department. The appeal is not subject to AS 44.62.330 — 44.62.630.

 (b) The department may require an applicant or participant to participate in an informal dispute resolution process before a formal hearing. The department may adopt regulations establishing the informal dispute resolution process.




Sec. 47.27.085. Sanctions; recovery of costs.
 (a) Except as provided in (b) of this section, the department shall reduce the amount of cash assistance provided to the family of an Alaska temporary assistance program applicant or participant who, without good cause, fails to comply with a condition of the family self-sufficiency plan, who fails to participate in work activities required as a part of the Alaska temporary assistance program, or who fails to cooperate with the child support services agency as required under AS 47.27.040. The reduction shall be,
     (1) beginning on the date the department makes a finding that the family is not in compliance under this subsection, 40 percent of the maximum cash assistance that would be payable under AS 47.27.025 for a family of the same size, assuming the family has no income counted for purposes of this chapter, until the date the department determines that the family is in compliance under this subsection if the family comes into compliance within the first four months after the date of the department’s finding of noncompliance under this subsection; on the date the department determines that the family is in compliance, the department shall begin to pay the family the full amount of cash assistance for which the family is eligible;

     (2) beginning five months after the date the department made the finding that the family was not in compliance under this subsection, 75 percent of the maximum cash assistance that would be payable under AS 47.27.025 for a family of the same size, assuming the family has no income counted for purposes of this chapter, until the date the department determines that the family is in compliance under this subsection if the family comes into compliance during the fifth, sixth, seventh, or eighth month after the date the department initially determined that the family was not in compliance under this subsection; on the date the department determines that the family is in compliance, the department shall begin to pay the family the full amount of cash assistance for which the family is eligible;

     (3) beginning nine months after the date the department made the finding that the family was not in compliance under this subsection, the full amount of the family’s cash assistance if the noncompliance under this subsection is not corrected within eight months after the date of the department’s initial finding of noncompliance under this subsection; in order to again receive cash assistance under this chapter, the family shall reapply under AS 47.27.020 and satisfy all requirements applicable to applicants under that section.

 (b) Notwithstanding (a) of this section, the department may not reduce a family’s cash assistance under (a)(2) or (3) of this section unless there is, in the family’s case record, (1) documented evidence that the department has attempted to visit the family’s home after the imposition of a reduction under (a)(1) of this section and (2) a written finding by the department that, considering the results of any home visit attempted under (1) of this subsection and the availability of other services in the community that are appropriate to the family’s needs, the health, safety, and well-being of the children in the family will not be significantly jeopardized by imposition of a reduction under (a)(2) or (3) of this section. If the department does not reduce a family’s cash assistance based on the provisions of this subsection, the department may manage the family’s cash assistance on behalf of the family under regulations that the department shall adopt concerning management of cash assistance under this subsection.

 (c) An Alaska temporary assistance program applicant or participant who receives cash assistance, a diversion payment, or self-sufficiency services when not entitled to them under this chapter because the information provided by the applicant or participant was inaccurate or incomplete is liable to the department for the value of the cash assistance, diversion payment, and self-sufficiency services improperly provided to the applicant or participant.

 (d) In a civil action brought by the state to recover the value of cash assistance, a diversion payment, or self-sufficiency services improperly provided under this chapter, the state may recover costs of investigation and prosecution of the civil action, including attorney fees as determined under court rules.

 (e) The department shall adopt regulations necessary to implement this section.




Article 3. Alaska Native Family Assistance Grants.


Sec. 47.27.200. Alaska Native family assistance grants.
 (a) Notwithstanding any contrary provision of this chapter, and in addition to grants awarded under AS 47.27.050, the Department of Health and Social Services may award and administer Alaska Native family assistance grants in accordance with this section. Unless specified otherwise in this section, the provisions of AS 47.27.010 — 47.27.085 do not apply to grants under this section or to an Alaska Native family assistance program operated under such a grant. To be awarded a grant under this section, an applicant shall
     (1) meet the requirements of AS 47.27.070;

     (2) have received approval for, and have agreed to operate, a federally approved tribal family assistance plan in this state;

     (3) agree to operate the plan approved under this section on a state fiscal year basis; and

     (4) meet the other requirements of this section.

 (b) If an organization intends to apply for a grant under this section, the organization shall first submit to the department a letter of intent along with a copy of the proposed federal tribal family assistance plan that will be submitted to the federal government for approval. The organization shall make its submission to the department at least six months before the proposed effective date of the federal tribal family assistance plan. The department shall review the submission and notify the organization of significant deficiencies that would make the organization ineligible to be considered for an Alaska Native family assistance grant without significant changes to the federal tribal family assistance plan regardless of whether federal approval is received or whether federal grant money is awarded for implementation of that plan. The organization may make a supplemental submission to the department to resolve deficiencies noted by the department. If, after departmental review and supplemental revision, an organization’s plan remains eligible for consideration for a grant award under this section, the department shall notify the organization that the organization may submit a proposal for a grant award after the organization has received notice of federal approval of the federal tribal family assistance plan and the pending award of federal grant money. The commissioner may waive the time deadline specified in this subsection if the commissioner
     (1) enters into a joint planning agreement between the department and the organization; or

     (2) finds good cause and the waiver is in the state’s best interest.

 (c) If the department awards a grant under this section, the grant must be in an amount that
     (1) for the first fiscal year under the plan accepted by the department, represents a fair and equitable portion of the state appropriations for the state public assistance program administered under this chapter intended to serve the state residents who will be served by the plan; and

     (2) for the second and subsequent state fiscal years under the plan accepted by the department, represents a fair and equitable portion of state appropriations made for public assistance programs that is allocated for Alaska Native family assistance grants to be awarded under this section in order to serve the state residents who will be served by the plan; if the money is not allocated for these grants, the amounts shall be made in the same manner as described in (1) of this subsection.

 (d) For an organization to be eligible to be awarded a grant under this section, the organization’s proposal must include
     (1) documentation that the organization
          (A) has received federal approval of its federal tribal family assistance plan to operate a tribal assistance program in this state; and

          (B) will receive a grant directly from the federal government to implement the federal tribal family assistance plan;

     (2) a plan for operation of the Alaska Native family assistance grant that meets the requirements of (e) of this section; and

     (3) if the commissioner determines that a federally approved tribal family assistance plan would be a cost-effective and efficient means of administering the program established in this chapter in that region of the state and the needs of state public assistance recipients receiving assistance under this chapter can be met through a contract awarded under AS 47.27.300, the organization’s agreement to enter into a contract with the department to provide state public assistance to those eligible state residents in the region who are not included in the population to be served by the federally approved tribal family assistance plan.

 (e) An organization’s plan for operation of the Alaska Native family assistance grant must
     (1) be designed to facilitate self-sufficiency of assistance recipients in the region specified in the federally approved tribal family assistance plan by addressing the conditions specific to that region;

     (2) provide for a reasonable pattern of service delivery from all providers serving that region;

     (3) serve a specified region that consists of a geographically cohesive group of communities that share similar interests, resources, and traditions;

     (4) establish the same maximum number of months of benefits as is established for the state program under AS 47.27.015(a)(1); and

     (5) provide for administration of the grant money received under this section to establish a program in accordance with the plan accepted by the department and in compliance with other requirements of this section; the program must include the following standards for providing assistance to eligible families:
          (A) only families with at least one dependent child or a woman in the last trimester of pregnancy are eligible for assistance paid from an Alaska Native family assistance grant;

          (B) amounts for assistance provided from an Alaska Native family assistance grant to eligible families may not exceed the amounts specified under AS 47.27.025(b) when combined with assistance provided under the federally approved tribal family assistance grant;

          (C) to remain eligible for assistance paid from an Alaska Native family assistance grant, a minor parent of a dependent child must meet the requirements of AS 47.27.027;

          (D) families receiving assistance paid from an Alaska Native family assistance grant shall comply with the provisions of AS 47.27.035(a) regarding participation in work activities;

          (E) families receiving assistance paid from Alaska Native family assistance grant money shall comply with the provisions of (l) — (n) of this section regarding assignment of support rights and cooperation with the child support services agency;

          (F) the organization has an impartial appeals process to allow affected families in the region of the state covered by the plan accepted by the department to have a fair hearing.

 (f) The department may award a grant under this section only if the department determines that the proposal, including a plan for operation of the grant, meets the criteria specified in (d) and (e) of this section and that an award of the grant to the organization would be in the public interest. The grant agreement must state that the Alaska Native family assistance program will require all program participants to assign child support rights to the Alaska Native family assistance program unless the Alaska Native organization elects to require participants to assign those child support rights to the state. The department may not distribute grant money until a grant agreement between the organization and the department is executed that meets the requirements of this section.

 (g) Records pertaining to recipients of assistance from an Alaska Native family assistance grant awarded under this section are confidential public assistance records under AS 47.05.020 and regulations adopted under AS 47.05.020. Use and misuse of these records are subject to the provisions of AS 47.05.030. It is an official purpose under AS 47.05.020 for an organization receiving a grant under this section and the department or another agency of the state to exchange information concerning recipients of assistance under this section if the information requested is for purposes directly connected with the administration of a grant under this section.

 (h) An organization receiving a grant under this section shall provide to the department a copy of its quarterly report made under 42 U.S.C. 611. The organization shall have its financial records audited annually by a certified public accountant authorized to practice under AS 08.04. The department may prescribe the form and specify the information required to document compliance with this section.

 (i) If an organization wishes to terminate its program before the end of the time period for which the grant was awarded under this section, the organization must obtain the consent of the department or provide notice to the department 120 days before the anticipated date of termination. At the end of a grant agreement or by early termination under this section, the organization shall provide an inventory of property valued at $1,000 or over and purchased, in whole or in part, with grant money awarded under this section. The department shall notify the organization of the required disposition of the property listed on the inventory.

 (j) If the department awards a grant under this section, a person applying for assistance under this chapter who is covered by the federally approved tribal family assistance plan in that region of the state may obtain assistance from the department only through the organization designated by the department to serve the region. A person aggrieved by a decision made by an organization under a grant awarded under this section may use the appeal procedure specified in AS 47.27.300(e).

 (k) Notwithstanding (j) of this section, a person applying for assistance under this chapter in a region of the state that is served by both an Alaska Native family assistance program that receives a grant under this section and a program administered directly by the department may request to receive assistance under the program administered directly by the department by applying to the department under this subsection and in accordance with regulations adopted under this subsection. The department shall approve the application if the department finds that the applicant has shown that special circumstances exist that support the request to use the state program.

 (l) A participant in an Alaska Native family assistance program shall assign to the Alaska Native family assistance program, unless the program has elected to require assignment to the state, all rights to ongoing child support that accrues after the effective date of the assignment for the support of the individuals in the family for whom assistance is provided, but not to exceed the total amount of assistance paid by the Alaska Native family assistance program to the family. The assignment takes effect when information required under (n) of this section is provided to the child support services agency following the determination of eligibility. Except with respect to any unpaid support that accrued under the assignment, the assignment terminates when the family ceases to participate in the Alaska Native family assistance program. All assignments to an Alaska Native family assistance program of unpaid child support obligations transfer to the state upon the termination of an Alaska Native family assistance program.

 (m) An Alaska Native family assistance program participant shall cooperate with the child support services agency in the manner described in AS 47.27.040(b) in establishing paternity or establishing, modifying, or enforcing a child support order requiring the payment of support by the noncustodial parent for a dependent child for whom assistance is received. The child support services agency shall inform the Alaska Native family assistance program if it determines that the participant is not in good faith compliance with the requirements of AS 47.27.040(b). The Alaska Native family assistance program shall determine whether the participant has good cause for refusing to cooperate.

 (n) An Alaska Native family assistance program that receives assignments of ongoing child support shall provide public assistance information concerning those assignments to the child support services agency in a timely manner in order to establish a valid assignment. The information shall be provided by electronic means and in a format acceptable to the child support services agency. For the purposes of this subsection, “timely manner” means within the time constraints established for child support agency distributions under federal law.

 (o) The applicability of AS 25.27 in the case of a recipient under an Alaska Native family assistance program includes the following:
     (1) an obligor is liable to the Alaska Native family assistance program in the amount of the family assistance provided by the program to a child to whom the obligor owes a duty of support except that, if a support order has been entered, the liability of the obligor for assistance provided by an Alaska Native family assistance program may not exceed the amount of support provided for in the support order, and, if a medical support order, cash medical support order, or both, has been entered, the liability of the obligor for assistance granted under AS 47.07 may not exceed the amount of support provided for in the medical support order, cash medical support order, or both; the child support services agency shall send notice of accruing liability under this paragraph in the same manner as required under AS 25.27.120(c), and, if the agency fails to comply with the notice requirement of this paragraph, interest does not accrue on the liability to the Alaska Native family assistance program unless a support order or medical support order, or cash medical support order, as applicable, has been entered;

     (2) the child support services agency may appear in an action authorized under AS 25.27.045 at the agency’s own discretion if an obligor under AS 25.27 is liable to the Alaska Native family assistance program under (1) of this subsection;

     (3) an Alaska Native family assistance program to which the child support services agency erroneously disburses an overpayment of child support under an income withholding order is liable to the state for the amount disbursed, plus interest at the rate imposed under AS 25.27.062(l)(1);

     (4) when the right to receive child support has been assigned to an Alaska Native family assistance program, an agreement under AS 25.27.065(a) that has not been adopted as an administrative order of the child support services agency is not effective during a period when the obligee is receiving assistance under an Alaska Native family assistance program;

     (5) the child support services agency, on behalf of an Alaska Native family assistance program, shall take all necessary action permitted by law to enforce child support orders entered under AS 25.27, including petitioning the court for orders to aid in the enforcement of child support;

     (6) if an obligor under AS 25.27 is liable to an Alaska Native family assistance program under (1) of this subsection, the state is subrogated to the rights of the obligee to take actions authorized under AS 25.27.130(a);

     (7) notwithstanding AS 25.27.130(c), the recovery of an amount for which an obligor under AS 25.27 is liable that exceeds the total assistance granted under AS 47.07 and this chapter shall be paid to the obligee;

     (8) except as provided in AS 25.27.130(f), if an obligee under AS 25.27 is not receiving assistance under AS 47.07 or this chapter at the time the state recovers money in an action under AS 25.27.130(d) or (1) of this subsection, the recovery of any amount for which the obligor is liable shall be distributed to the obligee for support payments, including medical support payments, that had become due and unpaid since the termination of assistance under AS 47.07 or this chapter under a support order in favor of the obligee;

     (9) after payment to the obligee under (8) of this subsection, the state may retain an amount not to exceed the total unreimbursed assistance paid on behalf of the obligee under AS 47.07 or this chapter;

     (10) if an alleged obligor is liable to an Alaska Native family assistance program under (1) of this subsection, and a support order has not been entered, the child support services agency may, at its own discretion, undertake an action to establish paternity and a duty of support using the procedures prescribed in AS 25.27 and may enforce a duty of support using the procedures prescribed in AS 25.27; the agency may also institute administrative proceedings to determine the paternity of a child born out of wedlock upon application of an Alaska Native family assistance program; the agency may not recover costs of genetic tests required under this paragraph from a person who is a recipient of assistance under an Alaska Native family assistance program;

     (11) when a hearing officer makes a determination under AS 25.27.170(d), the hearing officer shall, in addition to the factors described in AS 25.27.170(e), consider the amount of the alleged obligor’s liability to an Alaska Native family assistance program under (1) of this subsection;

     (12) notwithstanding AS 25.27.255(a), the child support services agency may not pay to an obligee any money that has been assigned to an Alaska Native family assistance program.

 (p) Nothing in this section requires the department to continue to fund an Alaska Native family assistance grant program at a level funded before the current grant period or to replace federal funds for the program with state funding.




Article 4. Regional Programs.


Sec. 47.27.300. Regional public assistance programs.
 (a) The department may develop a regional public assistance program for the administration of this chapter in order to provide state public assistance in a uniform and cost-effective manner in a region of this state if an Alaska Native organization is authorized to implement a federally approved tribal family assistance plan that includes that region and has been awarded an Alaska Native family assistance grant for a program that includes that region for the applicable fiscal year under AS 47.27.200. The regional public assistance program developed under this section must be designed to serve eligible state residents in the region covered by the program who are not already covered by a federally approved tribal family assistance plan in that region.

 (b) The department may award contracts to implement a program developed under (a) of this section. A contract authorized for delivery of state public assistance under a regional public assistance program under this section is exempt from the competitive bid requirements of AS 36.30 (State Procurement Code). Subject to appropriation, a contract under this section must be in an amount that represents a fair and equitable share of the money appropriated under this chapter to serve the state residents specified in (a) of this section. This section provides additional authority to contract to that available under AS 47.05.015 or other law.

 (c) The department may award a contract under this section only to an organization that
     (1) has been awarded an Alaska Native family assistance grant under AS 47.27.200 for a program that includes that region;

     (2) agrees to administer state public assistance under this chapter to state residents in the region who are not served by the Alaska Native family assistance grant awarded under AS 47.27.200;

     (3) agrees to provide state public assistance identical to that provided under the federally approved tribal family assistance plan for which Alaska Native family assistance grant money has been awarded under AS 47.27.200; and

     (4) agrees to implement an appeals process as described in (e) of this section.

 (d) Records pertaining to recipients of state public assistance under a contract awarded under this section have the same confidential protections as are provided to recipients of assistance from Alaska Native family assistance grants under AS 47.27.200.

 (e) An organization that receives a contract under this section shall provide an appeals process to applicants for or recipients of state public assistance covered by the contract awarded under this section. The appeals process must be the same as the method available under the federally approved tribal family assistance plan, except that the decision reached shall be considered as a recommended decision to the department. Within 30 days after receiving a recommended decision, the department shall review the recommended decision and issue a decision accepting or rejecting the recommended decision. If the department rejects the recommended decision, the department shall independently review the record and issue its final decision. The final decision of the department on the matter is appealable to the courts of this state.

 (f) If the department establishes a regional public assistance program and awards a contract to provide state public assistance under this section, a person applying for state public assistance under this chapter in the region of the state covered by the regional public assistance program may obtain state public assistance from the department only through the organization designated by the department to serve the region.




Article 5. General Provisions.


Sec. 47.27.900. Definitions.
In this chapter,
     (1) “Alaska Native family assistance grant” means a grant under AS 47.27.200;

     (2) “Alaska Native family assistance program” means a program funded in part by a grant under AS 47.27.200;

     (3) “cash assistance” means assistance for basic living expenses provided under the Alaska temporary assistance program; “cash assistance” includes cash, vouchers, or third-party vendor payments; “cash assistance” does not include a diversion payment under AS 47.27.026 or self-sufficiency services;

     (4) “child care assistance” means payments made by the Department of Health and Social Services or the Department of Education and Early Development to Alaska temporary assistance program participant families or to providers for the care of children of the participant families;

     (5) “child support” includes court-ordered or administratively ordered child support, medical support, and spousal support;

     (6) “child support services agency” means the child support services agency in the Department of Revenue;

     (7) “commissioner” means the commissioner of health and social services;

     (8) “department” means the Department of Health and Social Services;

     (9) “dependent child” means an individual who
          (A) has not attained
               (i) 18 years of age; or

               (ii) 19 years of age and is a full-time student in a secondary school or in the equivalent level of vocational or technical training; and

          (B) is not an applicant under AS 47.27.020;

     (10) “diversion payment” means a diversion payment paid under AS 47.27.026;

     (11) “federally approved tribal family assistance plan” means a plan that meets the requirements of 42 U.S.C. 612 and has been approved for financing through a tribal family assistance grant directly from the United States Department of Health and Human Services;

     (12) “self-sufficiency services” means work-related services, community service work referrals, child care assistance, emergency assistance, service vouchers, equipment vouchers, work stipends, transportation assistance, wage subsidies, and other work supports and services determined by the department in regulation to promote family self-sufficiency;

     (13) “work activities” includes job readiness assessments, on-the-job training, education and vocational training, job sampling, job search requirements, subsidized and unsubsidized work, and community work service.




Sec. 47.27.990. Short title.
This chapter may be cited as the Alaska temporary assistance program.


Article 1. Mental Health Trust Authority.


Chapter 30. Mental Health.

Sec. 47.30.010. [Repealed, § 7 ch 84 SLA 1981.]
Sec. 47.30.011. Alaska Mental Health Trust Authority.
 (a) The Alaska Mental Health Trust Authority is established as a public corporation of the state within the Department of Revenue.

 (b) The purpose of the authority is to ensure an integrated comprehensive mental health program and to administer the office of the long term care ombudsman established in AS 47.62.010.

 (c) The authority
     (1) shall, as provided in AS 37.14.009, administer the trust established under the Alaska Mental Health Enabling Act of 1956;

     (2) may sue and be sued;

     (3) may retain the services of independent counsel when, in the judgment of the authority’s board of trustees, independent counsel is needed;

     (4) shall insure or indemnify and protect the board, a member of the board, or an agent or employee of the authority against financial loss and expense, including reasonable legal fees and costs, arising out of a claim, demand, suit, or judgment by reason of alleged negligence, alleged violation of civil rights, or alleged wrongful act resulting in death or bodily injury to a person or accidental damage to or destruction of property if the board member, agent, or employee, at the time of the occurrence, was acting under the direction of the authority within the course or scope of the duties of the board member, agent, or employee;

     (5) shall exercise the powers granted to it under AS 37.14.041, subject to the limitations imposed by AS 37.14.045; and

     (6) shall administer the office of the long term care ombudsman established in AS 47.62.010.

 (d) The provisions of AS 44.62.330 — 44.62.630 do not apply to the Alaska Mental Health Trust Authority.




Sec. 47.30.016. Board establishment, membership, quorum, fees, and expenses.
 (a) The authority shall be governed by its board of trustees.

 (b) The board consists of seven members appointed by the governor and confirmed by the legislature. The members appointed under this subsection shall be appointed
     (1) based upon their ability in financial management and investment, in land management, or in services for the beneficiaries of the trust;

     (2) after the governor has considered a list of persons prepared by a panel of six persons who are beneficiaries, or who are the guardians, family members, or representatives of beneficiaries; the panel shall consist of
          (A) one person selected by the Alaska Mental Health Board established by AS 47.30.661;

          (B) one person selected by the Governor’s Council on Disabilities and Special Education;

          (C) one person selected by the Advisory Board on Alcoholism and Drug Abuse established by AS 44.29.100;

          (D) one person selected by the Alaska Commission on Aging established by AS 47.45.200;

          (E) one person selected by the Alaska Native Health Board; and

          (F) one person selected by the authority.

 (c) A member of the board appointed by the governor under (b) of this section may not
     (1) be an officer or employee of the state; or

     (2) within the preceding two years or during the member’s term of office have an interest in, served on the governing board of, or been employed by an organization that has received, during that same period, money from the mental health trust settlement income account under a grant or contract for services.

 (d) A quorum of the board is four members.

 (e) A member of the board is entitled to
     (1) an honorarium of $200 for each day or any part of a day spent at a meeting of the board, at a meeting of a subcommittee of the board, or as a representative of the board; and

     (2) per diem and travel expenses authorized for boards and commissions under AS 39.20.180.




Sec. 47.30.020. [Repealed, § 7 ch 84 SLA 1981.]
Sec. 47.30.021. Term of office, vacancies, removal, and reappointment.
 (a) The members of the board serve staggered five-year terms. A member shall continue to serve until the member’s successor is appointed and confirmed.

 (b) A vacancy occurring in the membership of the board shall be filled within 60 days by appointment of the governor for the unexpired portion of the vacated term.

 (c) The governor may remove a member of the board only for cause, including incompetence, neglect of duty, misconduct in office, poor attendance, or lack of contribution to the board’s work. A member being removed for cause shall be given a copy of the charges and afforded an opportunity to publicly present a defense in person or by counsel upon not less than 10 days’ written notice. If a member is removed for cause, the governor shall file with the lieutenant governor a complete statement of all charges made against the member and the governor’s findings based on the charges, together with a complete record of the proceedings. The removal of a member for cause constitutes a final administrative order. A member seeking to appeal the governor’s removal of a member for cause under this subsection shall file a notice of appeal with the superior court under AS 44.62.560.

 (d) Except for a trustee who has served two consecutive five-year terms, a member of the board may be reappointed. A member of the board who has served two consecutive five-year terms is not eligible for reappointment to the board until one year has intervened.




Sec. 47.30.026. Officers and staff.
 (a) The board shall annually elect a presiding officer and other officers it considers necessary from among its membership.

 (b) The board shall employ a chief executive officer who shall be selected by the board. The chief executive officer shall be compensated at no less than range 26 of the pay plan for state employees under AS 39.27.011(a). The chief executive officer may
     (1) hire additional employees;

     (2) appoint hearing officers to perform the responsibilities set out in AS 47.30.031(b)(4); and

     (3) contract for the services of consultants and others.

 (c) The chief executive officer is directly responsible to the board.

 (d) The chief executive officer and employees hired under this section are in the exempt service under AS 39.25.110.




Sec. 47.30.030. [Repealed, § 7 ch 84 SLA 1981.]
Sec. 47.30.031. Regulations.
 (a) The board shall adopt regulations under AS 44.62 (Administrative Procedure Act) consistent with state law and the fiduciary responsibilities imposed by law on members of boards of directors of corporations having trust responsibilities.

 (b) The regulations shall address, but are not limited to,
     (1) the requirements of AS 47.30.056(h) and (j);

     (2) procedures by which an aggrieved person or group who believe they have not received services that should be provided from the trust may apply to the authority for redress;

     (3) provisions that allow and encourage entities providing trust funded services to integrate those services with other community human services funded by other sources;

     (4) administrative adjudication procedures, including but not limited to
          (A) the acceptance of applications under (3) of this subsection;

          (B) investigations;

          (C) hearings; and

          (D) the issuance of administrative orders, as necessary;

     (5) provisions that establish a process for long-range planning for expenditures from the mental health trust settlement income account; and

     (6) criteria for determining the nature and extent of necessary services and related expenses to be funded by the trust.




Sec. 47.30.036. Duties of the board.
The board shall
     (1) preserve and protect the trust corpus under AS 37.14.009;

     (2) coordinate with other state agencies involved with programs affecting persons in need of mental health services;

     (3) review and consider the recommendations submitted under AS 44.29.140(a)(2), AS 47.30.666(6), AS 47.45.240(a)(8), and AS 47.80.090(13);

     (4) adopt bylaws governing its meetings, selection of officers, proceedings, and other aspects of board procedure;

     (5) make an annual written report of its activities to the governor and the public and notify the legislature that the report is available; and

     (6) fulfill its obligations under AS 47.30.046.




Sec. 47.30.040. [Repealed, § 7 ch 84 SLA 1981.] .
Sec. 47.30.041. Board advisors.
The commissioners of health and social services, natural resources, and revenue, or their respective designees, are advisors to the board.


Sec. 47.30.046. Budget recommendations; reports.
 (a) The board shall annually, not later than September 15, submit to the governor and the Legislative Budget and Audit Committee a budget for the next fiscal year and a proposed plan of implementation based on the integrated comprehensive mental health program plan prepared under AS 47.30.660(a)(1). The budget must include the authority’s determination of the amount
     (1) recommended for expenditure from the general fund during the next fiscal year to meet the operating and capital expenses of the integrated comprehensive mental health program;

     (2) in the mental health trust settlement income account, if any, that is not reasonably necessary to meet the projected operating and capital expenses of the integrated comprehensive mental health program that may be transferred into the general fund; and

     (3) of the expenditures the authority intends to make under AS 37.14.041 and 37.14.045, including the specific purposes and amounts of any grants or contracts as part of the state’s integrated comprehensive mental health program.

 (b) When the authority submits its proposed budget under (a) of this section, the authority shall also provide a report to the Legislative Budget and Audit Committee, the governor, the Office of Management and Budget, the commissioner of health and social services, and all entities providing services with money in the mental health trust settlement income account, and shall make it available to the public. The report must describe at least the following:
     (1) the assets, earnings, and expenditures of the trust as of the end of the preceding fiscal year;

     (2) comparisons of the trust’s assets, earnings, and expenditures with the prior five fiscal years;

     (3) projections of the trust’s assets, earnings, and expenditures for the next five fiscal years;

     (4) the authority’s budget recommendations submitted under (a) of this section, and its reasons for making those recommendations;

     (5) the authority’s guidelines for the establishment of services; the provision of services shall be based on the principle that services paid for from the trust are provided to recipients as close to the recipient’s home and family as practical with due consideration of demographics, mental health service requirements, use of mental health services, economic feasibility, and capital expenditures required for provision of minimum levels of service;

     (6) forecasts of the number of persons needing services;

     (7) projections of the resources required to provide the necessary services and facilities; and

     (8) reviews of the status of the integrated comprehensive mental health program, including evaluation of program goals, objectives, targets and timelines, and overall effectiveness.




Sec. 47.30.050. [Repealed, § 7 ch 84 SLA 1981.] .
Sec. 47.30.051. Submissions requiring use of trust money.
An agency or entity proposing an expenditure of money by the trust shall present its proposal to the authority under regulations adopted under AS 47.30.031.


Sec. 47.30.056. Use of money in the mental health trust settlement income account.
 (a) The money in the mental health trust settlement income account established in AS 37.14.036 shall be used as provided in AS 37.14.041, including to
     (1) provide an integrated comprehensive mental health program as required by this section;

     (2) meet the authority’s annual administrative expenses; and

     (3) offset the effect of inflation on the mental health trust fund.

 (b) Expenditures under (a)(1) of this section must provide for a reasonable level of necessary services to persons who
     (1) are mentally ill;

     (2) have an intellectual disability, a developmental disability, or both;

     (3) are chronic alcoholics suffering from psychoses;

     (4) as a result of senility, suffer major mental illness; and

     (5) need mental health services, as the legislature may determine.

 (c) The integrated comprehensive mental health program for which expenditures are made under this section
     (1) must give priority in service delivery to persons who, as a result of a mental disorder or of a disorder identified in (b) of this section,
          (A) may require or are at risk of hospitalization; or

          (B) experience such major impairment of self-care, self-direction, or social and economic functioning that they require continuing or intensive services;

     (2) may, at the discretion of the board, include services to persons who are not included under (b) or (c)(1) of this section.

 (d) In (b)(1) of this section, “the mentally ill” includes persons with the following mental disorders:
     (1) schizophrenia;

     (2) delusional (paranoid) disorder;

     (3) mood disorders;

     (4) anxiety disorders;

     (5) somatoform disorders;

     (6) organic mental disorders;

     (7) personality disorders;

     (8) dissociative disorders;

     (9) other psychotic or severe and persistent mental disorders manifested by behavioral changes and symptoms of comparable severity to those manifested by persons with mental disorders listed in this subsection; and

     (10) persons who have been diagnosed by a licensed psychologist, psychiatrist, or physician licensed to practice medicine in the state and, as a result of the diagnosis, have been determined to have a childhood disorder manifested by behaviors or symptoms suggesting risk of developing a mental disorder listed in this subsection.

 (e) In (b)(2) of this section, “persons who have an intellectual disability, developmental disability, or both” includes persons with the following neurologic or mental disorders:
     (1) cerebral palsy;

     (2) epilepsy;

     (3) autistic disorder;

     (4) severe organic brain impairment;

     (5) significant developmental delay during early childhood indicating risk of developing a disorder listed in this subsection;

     (6) other severe and persistent intellectual disability or developmental disability manifested by behaviors and symptoms similar to those manifested by persons with disorders listed in this subsection.

 (f) In (b)(3) of this section, “chronic alcoholics suffering from psychoses” includes persons with the following disorders:
     (1) alcohol withdrawal delirium (delirium tremens);

     (2) alcohol hallucinosis;

     (3) alcohol amnestic disorder;

     (4) dementia associated with alcoholism;

     (5) alcohol-induced organic mental disorder;

     (6) alcoholic depressive disorder;

     (7) other severe and persistent disorders associated with a history of prolonged or excessive drinking or episodes of drinking out of control and manifested by behavioral changes and symptoms similar to those manifested by persons with disorders listed in this subsection.

 (g) In (b)(4) of this section, “persons who, as a result of senility, suffer major mental illness” includes persons with the following mental disorders:
     (1) primary degenerative dementia of the Alzheimer type;

     (2) multi-infarct dementia;

     (3) senile dementia;

     (4) presenile dementia;

     (5) other severe and persistent mental disorders manifested by behaviors and symptoms similar to those manifested by persons with disorders listed in this subsection.

 (h) The authority shall adopt regulations defining the disorders identified in this section to reflect revisions in the diagnostic nomenclature of the health professions serving the beneficiaries of the trust. The authority shall review and revise the regulations as necessary. Regulations adopted under this subsection must be in the long term best interest of the trust and of persons with disorders equivalent to those identified in (b) and (c) of this section.

 (i) In this section, “an integrated comprehensive mental health program”
     (1) means public health programs and services that, on December 16, 1994, are separately recognizable and administered, without regard to the administrative unit directly responsible for the delivery of the service; among the services included are services for the mentally ill, community mental health services, services for the developmentally disabled, alcoholism services, and services for children, youth, adults, and seniors with mental disorders;

     (2) includes, at a minimum, each of the following services as appropriate:
          (A) emergency services on a 24-hour basis;

          (B) screening examination and evaluation services required to complete the involuntary commitment process under AS 47.30.700 — 47.30.815;

          (C) inpatient care;

          (D) crisis stabilization services, which may include
               (i) active community outreach;

               (ii) in-hospital contact;

               (iii) mobile crisis teams of mental health professionals;

               (iv) crisis beds to provide a short term residential program for persons experiencing an acute episode of mental illness that requires temporary removal from a home environment;

          (E) treatment services, which may include
               (i) diagnosis, testing, and evaluation of medical needs;

               (ii) medication monitoring;

               (iii) physical examinations;

               (iv) dispensing psychotropic and other medication;

               (v) detoxification;

               (vi) individual or group therapy;

               (vii) aftercare;

          (F) case management, which may include
               (i) evaluation of needs;

               (ii) development of individualized treatment plans;

               (iii) enhancement of access to available resources and programs;

               (iv) development of interagency contacts and family involvement;

               (v) advocacy;

          (G) daily structure and support, which may include
               (i) daily living skills training;

               (ii) socialization activities;

               (iii) recreation;

               (iv) transportation;

               (v) day care services;

               (vi) client and care provider education and support services;

          (H) residential services, which may include
               (i) crisis or respite care;

               (ii) board and care;

               (iii) foster care, group homes, halfway houses, or supervised apartments;

               (iv) intermediate care facilities;

               (v) long-term care facilities;

               (vi) in-home care;

          (I) vocational services, which may include
               (i) prevocational services;

               (ii) work adjustment;

               (iii) supported work;

               (iv) sheltered work;

               (v) training in which participants achieve useful work experience;

          (J) outpatient screening, diagnosis, and treatment services, including individual, family, and group psychotherapy, counseling, and referral;

          (K) prevention and education services, including consultation with organizations, providers, and the public; and

          (L) administrative services, including appropriate operating expenses of state agencies and other service providers.

 (j) The authority shall adopt regulations regarding the services described in (i) of this section to reflect advances in the appropriate professions. The authority shall review and revise the regulations as necessary. Regulations adopted under this subsection must be in the long term best interest of the mental health trust.




Sec. 47.30.060. [Repealed, § 7 ch 84 SLA 1981.]
Sec. 47.30.061. Definitions.
In AS 47.30.011 — 47.30.061,
     (1) “authority” means the Alaska Mental Health Trust Authority established by AS 47.30.011;

     (2) “board” means the board of trustees of the authority;

     (3) “trust” means the trust established by the Alaska Mental Health Enabling Act of 1956, P.L. 84-830, 70 Stat. 709.




Secs. 47.30.070 — 47.30.170. [Repealed, § 7 ch 84 SLA 1981.]
Sec. 47.30.180. [Renumbered as AS 47.30.880.]
Secs. 47.30.190 — 47.30.340. [Repealed, § 7 ch 84 SLA 1981.]

Article 2. Construction of Mental Health Hospitals and Facilities.


Sec. 47.30.350. Department powers and duties; ratification of authority’s actions.
 (a) The department shall
     (1) develop and submit to the Surgeon General of the United States Public Health Service a comprehensive program for the constructing and equipping of hospitals and other facilities for the examination, observation, care, and treatment of the mentally ill;

     (2) develop and submit to the Surgeon General plans and specifications for the constructing and equipping of the hospitals and other facilities;

     (3) construct and equip the hospitals and other facilities in accordance with the program, plans, and specifications approved by the Surgeon General; construction and equipping under this paragraph is governed by AS 36.30 (State Procurement Code);

     (4) cooperate, coordinate, and contract, wherever indicated and desirable, with other state boards, departments and agencies, and agencies of the United States in the construction program, and hire necessary personnel and enter into contracts with private individuals and companies, to the end that the hospitals and other facilities are constructed in the most economical and expeditious manner; contracting and construction under this section are governed by AS 36.30 (State Procurement Code).

 (b) An action, agreement, or transaction taken or entered before April 3, 1957, by the Mental Health Authority consistent with AS 47.30.350 — 47.30.400 is affirmed and ratified.




Sec. 47.30.360. Acceptance and expenditure of funds.
The department may accept on behalf of the state and deposit separate and apart from other public funds grants from the federal government or gifts or contributions from other sources to assist in carrying out the purposes of AS 47.30.350 — 47.30.400 and may expend the funds for those purposes.


Sec. 47.30.370. Review by legislative budget and audit committee.
Before implementation, the programs, plans, and actions of the department made under AS 47.30.350, except for the proposed geographic location of the mental health hospital, shall be reviewed by the legislative budget and audit committee. The review and findings of the budget and audit committee shall be made public.


Sec. 47.30.380. Appropriation authorized.
Funds to carry out AS 47.30.350 — 47.30.400 shall be set out in the appropriation bill authorizing the operating and capital expenditures of the state’s integrated comprehensive mental health program under AS 37.14.003(a) and submitted to the legislature under AS 37.07.020(a)(1).


Sec. 47.30.390. Acquisition of existing mental health care facilities.
The department may acquire existing facilities for mental health care.


Sec. 47.30.400. Purpose of AS 47.30.350—47.30.400.
The purpose of AS 47.30.350 — 47.30.400 is to provide for the constructing and equipping of hospitals and other facilities in this state needed for carrying out a comprehensive mental health program, to accept the benefits of 42 U.S.C. 274, and to authorize the department to take action necessary to accomplish these purposes.


Article 3. Uniform Act for the Extradition of Persons of Unsound Mind.


Sec. 47.30.410. Persons subject to extradition.
A person alleged to be of unsound mind found in this state, who has fled from another state, shall, on demand of the executive authority of the state from which the person fled, be delivered up to be removed to the state where, at the time of the flight the person
     (1) was under detention by law in a hospital, asylum, or other institution for the insane as a person of unsound mind;

     (2) had been determined by legal proceedings to be of unsound mind, the finding being unreversed and in full force and effect, and the control of the person having been acquired by a court of competent jurisdiction of the state from which the person fled; or

     (3) was subject to detention in that state, which was then the person’s legal domicile (personal service of process having been made) based on legal proceedings there pending to have the person declared of unsound mind.




Sec. 47.30.420. Extradition proceedings.
If the executive authority of a state demands of the executive authority of this state a fugitive under AS 47.30.410 and produces a copy of the commitment decree or other judicial process and proceedings, certified as authentic by the governor or chief magistrate of the state from which the person so charged has fled, with an affidavit made before a proper officer showing the person to be a fugitive, the executive authority of this state shall have the fugitive apprehended and secured, if found in this state, and have immediate notice of the apprehension given to the executive authority making the demand, or to the agent of that authority appointed to receive the fugitive, and have the fugitive delivered to the agent when the agent appears. If no agent appears within 30 days from the time of the apprehension the fugitive may be discharged. All costs and expenses incurred in the apprehending, securing, maintaining, and transmitting the fugitive to the state making the demand shall be paid by that state. An agent so appointed who receives the fugitive into custody is empowered to transmit the fugitive to the state from which the fugitive fled. The executive authority of this state may, on the application of a person interested, demand the return to this state of a fugitive under AS 47.30.410 — 47.30.460.


Sec. 47.30.430. Time to commence proceedings.
All proceedings under AS 47.30.410 — 47.30.460 shall be begun within one year after the flight referred to in AS 47.30.410.


Sec. 47.30.440. Interpretation and construction.
AS 47.30.410 — 47.30.460 shall be so interpreted and construed as to effectuate its general purpose to make uniform the law of those states that enact it.


Sec. 47.30.450. Definitions.
In AS 47.30.410 — 47.30.460
     (1) “executive authority,” “governor,” and “chief magistrate,” respectively, as applied to a request to return a person under AS 47.30.410 — 47.30.460 to or from the District of Columbia, include a justice of the supreme court of the District of Columbia and other authority;

     (2) “flight” and “fled” mean a voluntary or involuntary departure from the jurisdiction of the court where the proceedings mentioned in AS 47.30.410 — 47.30.460 have been instituted and are still pending, with the effect of avoiding, impeding, or delaying the action of the court in which the proceedings have been instituted or are pending, or a voluntary or involuntary departure from the state where the person demanded then was, if the person then was under detention by law as a person of unsound mind and subject to detention;

     (3) “state” includes states, territories, districts, and insular and other possessions of the United States.




Sec. 47.30.460. Short title.
AS 47.30.410 — 47.30.460 may be cited as the Uniform Act for the Extradition of Persons of Unsound Mind.


Article 4. Alcoholism and Drug Abuse.


Sec. 47.30.470. Powers and duties of department.
The department shall
     (1) ascertain and keep current a list of all institutions in the state that have available facilities for the care and treatment of alcoholics and drug abusers;

     (2) encourage the development and advancement of standards of treatment of alcoholics and drug abusers in institutions;

     (3) promote and encourage educational activities to make the public aware of the effects of intemperate use of alcoholic beverages and drugs, and promote and encourage the education of the general public about scientific facts regarding alcoholism and drug abuse;

     (4) identify and utilize whatever facilities and services are available or can be made available through community organization for carrying out the purposes of this section, including identification and utilization for detoxification of under-utilized hospital beds;

     (5) engage in research and educational activities that will aid in the understanding of alcoholism and drug abuse and in the treatment of alcoholics and drug abusers;

     (6) administer a community grant-in-aid program for alcoholism and drug abuse;

     (7) submit an annual report concerning alcoholism and drug abuse in the state and the grant-in-aid program within 10 days after the convening of the legislature in each regular session;

     (8) prepare that part of the plan for the integrated comprehensive mental health program under AS 47.30.056 that relates to the services and facilities that are necessary for the care and treatment of persons identified as chronic alcoholics suffering from psychoses, as defined in AS 47.30.056(b)(3) and (f); in preparing the plan of services for persons identified in this paragraph, the department shall coordinate with the Alaska Mental Health Trust Authority and the Advisory Board on Alcoholism and Drug Abuse;

     (9) use money awarded to the department by grant or contract from the mental health trust settlement income account established under AS 37.14.036 and appropriated from the general fund to provide the necessary services identified in (8) of this section and in accordance with AS 47.30.056.




Sec. 47.30.475. Grant-in-aid program.
 (a) A nonprofit corporation, a city or borough government, or other political subdivision of the state, or a combination of these, is eligible for grant-in-aid funds under this section. Applications shall be sent to the department.

 (b) Money available under this section shall be awarded by the department to applicants on the basis of community need, but only after consideration of comment and advice of the Advisory Board on Alcoholism and Drug Abuse. In awarding grants, the department shall further consider the amount of money that is available for all applications and whether an application would contribute to the wise development of a comprehensive program of alcoholic and drug abuse rehabilitation and prevention.

 (c) Grants shall be awarded in a ratio of 75 percent state money to 25 percent community money for the costs of providing staff and limited improvement, renovation, or new construction of facilities for alcohol or drug detoxification, rehabilitation, or “half-way house” care. The department may waive all or part of the requirement that state money be matched by community money if the department finds that community money is unavailable and waiver of the requirement is in the best interests of the state. A grant for improving, renovating, or constructing may not exceed $50,000 except when there is a lack of applicants for available money and then only with the approval of the Advisory Board on Alcoholism and Drug Abuse. The department is not required to award all money available under this program, or the full percentages specified in this subsection, when another source of money is available or could reasonably be made available to the applicant.

 (d) Money used by the applicant to qualify for state money may be from any source other than the state. The cost of developing an application is not reimbursable from the grant. The value of real property to be used directly in conjunction with the grant may be used in calculating the required amount of community money, as allowed by regulations of the department.

 (e) A grant may not be awarded under this section unless the application includes a plan that provides for
     (1) the expenditure of grant money for education and other preventative measures, or the treatment of alcoholics and drug abusers;

     (2) the reception of advice and comment from a local advisory board, or, if a local advisory board cannot be formed because the area is sparsely populated, from the governing bodies of private nonprofit health organizations, regarding the design, implementation, and evaluation of the plan and action to be taken;

     (3) goals, expressed in quantifiable terms that express the intended effect of the assistance provided under the plan upon the number of individuals needing or utilizing that assistance.

 (f) The department shall monitor the implementation of the plan required under (e) of this section, and shall terminate payment of grant money if the plan is not implemented or approval of the program as a public or private treatment program under AS 47.37.140 is not granted within one year of the award of the grant, or is suspended, revoked, limited, or restricted. Modification of the plan required by (e) of this section shall be approved by the department before implementation of the modification.

 (g) The department shall provide management training for persons administering a program receiving grant money under this section.

 (h) If the department determines, after the award of a grant under (c) of this section, that the community is capable of bearing a greater portion of the cost of a program than originally determined, the department may
     (1) reduce the award by that portion of the cost of a program that the department subsequently determined the community could bear; or

     (2) terminate payment of the grant entirely.




Sec. 47.30.477. Grant-in-aid program regulations.
The department shall adopt regulations implementing AS 47.30.475. The regulations must provide for the method of application, the time for consideration of applications, the processing of applications, the type of record keeping, the requirements for reporting the progress and statistics regarding the program, and the notification of the applicant as to the action taken on the application. The department shall also establish the necessary forms of application and may adopt other regulations considered necessary to meet the requirements of health and safety and the orderly administration of the grant-in-aid program. The regulations must include reporting requirements that will permit an evaluation of the success of the program.


Sec. 47.30.480. Judicial notice.
The superior courts of this state may take judicial notice of the fact that an alcoholic is suffering from an illness and is in need of proper medical, advisory, or rehabilitative treatment.


Sec. 47.30.490. Acceptance of funds.
The department may accept on behalf of the state and deposit, apart from other public funds, grants from the federal government or gifts or contributions from other sources to assist in carrying out the purposes of AS 47.30.470.


Sec. 47.30.500. Definitions.
In AS 47.30.470 — 47.30.490,
     (1) “alcoholism” means a condition related to alcohol and concerns a physical compulsion which exists, coupled with a mental obsession;

     (2) “costs of improvement, renovation, or new construction of facilities” includes, in addition to costs directly related to the project, the sum total of all costs of financing and carrying out the project; these include, but are not limited to, the costs of all necessary studies, surveys, plans and specifications, architectural, engineering, or other special services, acquisition of real property, site preparation and development, purchase, construction, reconstruction, and improvement of real property, and the acquisition of machinery and equipment as may be necessary in connection with the project; an allocable portion of the administrative and operating expenses of the grantee; the cost of financing the project, including interest on bonds issued to finance the project; and the cost of other items, including any indemnity and surety bonds and premiums on insurance, legal fees, fees and expenses of trustees, depositaries, financial advisors, and paying agents for the bonds issued as the issuer considers necessary;

     (3) “department” means the Department of Health and Social Services.




Article 5. Community Mental Health Services Act.


Sec. 47.30.520. Legislative purpose.
It is the purpose of the Community Mental Health Services Act to
     (1) provide a range of community-based inpatient, outpatient, and support services for persons with mental disorders;

     (2) assist communities in planning, organizing, and financing community mental health services through locally developed, administered, and controlled community mental health programs;

     (3) better develop and use resources at both state and local levels;

     (4) develop and implement plans for comprehensive mental health services based on demonstrated need on a regional basis;

     (5) improve the effectiveness of existing mental health services;

     (6) integrate state-operated and community mental health programs into a unified mental health system;

     (7) ensure that consumers, families, and representatives of communities within mental health planning regions can participate in planning for, determining the need for, and allocating mental health resources;

     (8) provide a means of allocating money available for state mental health services according to community needs;

     (9) encourage the full use of all existing public or private agencies, facilities, personnel, and funds to accomplish these objectives; and

     (10) prevent unnecessary duplication and fragmentation of services and expenditures.




Sec. 47.30.523. Community mental health program policy and principles.
 (a) It is the policy of the state that
     (1) the community mental health program provide a comprehensive and integrated system of community-based facilities, supports, and mental health services, including child and adolescent screening and diagnosis, inpatient, outpatient, prevention, consultation, and education services;

     (2) persons most in need of community mental health services receive appropriate services as provided under AS 47.30.056;

     (3) the community mental health program be coordinated, to the maximum extent possible, with the programs established under AS 47.37, AS 47.65, AS 47.80, and other programs affecting the well being of persons in need of mental health services.

 (b) Community mental health program service delivery principles include the principles that persons
     (1) have ready and prompt access to necessary screening, diagnosis, and treatment;

     (2) receiving community mental health services be informed of their rights, including their rights to confidentiality and to treatment with dignity;

     (3) be provided community mental health services by staff and programs that reflect the culture, linguistic, and other social characteristics of their community and that incorporate multidisciplinary professional staff to meet client functional levels and diagnostic and treatment needs;

     (4) in need of community mental health services, and their families, be encouraged to participate in formulating, delivering, and evaluating treatment and rehabilitation;

     (5) in need of community mental health services be provided treatment and rehabilitation services designed to minimize institutionalization and maximize individual potential;

     (6) be treated in the least restrictive alternative environment consistent with their treatment needs, enabling the person to live as normally as possible;

     (7) be provided necessary treatment as close to the person’s home as possible;

     (8) be informed of and allowed to participate in planning their own treatment as much as possible.




Sec. 47.30.530. Duties of department.
 (a) The department shall administer the provisions of AS 47.30.520 — 47.30.620 and shall
     (1) define and develop standards for various levels and qualities of mental health care;

     (2) provide fiscal and professional technical assistance in planning, organizing, developing, implementing, and administering local mental health services;

     (3) develop budgets and receive and distribute state appropriations and funds in accordance with the provisions of AS 47.30.520 — 47.30.620;

     (4) establish standards of education and experience for professional, technical, and administrative personnel employed in community mental health services;

     (5) assist the community in establishing the organization and operation of community mental health services;

     (6) develop a standardized system for measuring and reporting to the department the types, quantities, and quality of services; and develop a cost accounting system that will demonstrate the cost of various levels and qualities of care;

     (7) provide each local community planning and services delivery entity with statistics, reports, and other data relevant to development of indices indicating the need for mental health services, or relevant to evaluating the effectiveness of existing services;

     (8) review each local community plan and require each plan to include
          (A) an affirmative showing that the most effective and economic use will be made of all available public and private resources in the community including careful consideration of the most effective and economic alternative forms and patterns of services;

          (B) a five-year projection of needs, services, and resources; and

          (C) adequate provisions for review and evaluation of services provided in the local community;

     (9) adopt regulations and establish priorities, after consultation with local communities affected and in conjunction with the Alaska Mental Health Board, that are necessary to carry out the purposes of AS 47.30.520 — 47.30.620.

 (b) In performing its duties under (a) of this section, the department shall coordinate with the Alaska Mental Health Trust Authority established in AS 47.30.011.




Sec. 47.30.540. Local community entities.
 (a) A city or borough government or other political subdivision of the state, a nonprofit corporation, or a combination of these, is eligible to receive funds and administer local programs under AS 47.30.520 — 47.30.620. In order to ensure equitable access to funds and programs through the state, the department shall determine appropriate geographical areas to be served by local programs in consultation with representatives of the geographical areas in question.

 (b) An entity designated by the department to receive money under AS 47.30.520 — 47.30.620 shall ensure a broad base of community support as evidenced by a governing board reasonably representative of the professional, civic, and citizen groups in the community and including persons with mental disorders or family members of persons with mental disorders. No more than two members, or 40 percent of the membership, whichever is greater, may be providers of services under the program. In order to receive money under AS 47.30.520 — 47.30.620, a local community entity shall agree
     (1) to give priority to mental health programs and services consistent with the priorities set out in AS 47.30.056 and that provide the maximum services for the least expenditure of money from the mental health trust settlement income account;

     (2) to furnish services through a qualified staff meeting reasonable standards of experience and training;

     (3) to conform to a state cost accounting system showing the true cost of services rendered, collect fees for services according to a schedule based on an analysis of reasonable ability to pay, and provide that a person may not be refused services because of inability to pay for those services;

     (4) to maintain adequate clinical and administrative records and furnish periodic reports to the department;

     (5) to furnish the authority and the department an annual report of the preceding fiscal year, including an evaluation of the effectiveness of the previous year’s programs and their costs;

     (6) to furnish the authority and the department satisfactory needs assessments for the population and area it serves and an annual update of a long-range planning and budget statement that describes program goals for the coming year, the steps and resources necessary to implement the goals, the projected means by which these resources will be secured, and the procedures necessary to evaluate the program;

     (7) to furnish the department with confidential and other information about recipients of services paid for, in whole or part, under AS 47.30.520 — 47.30.620 and comply with regulations of the department regarding the submission of this information; and

     (8) to notify the department immediately of emergency situations involving recipients of services paid for, in whole or in part, under AS 47.30.520 — 47.30.620 and comply with regulations of the department regarding this notification; for purposes of this paragraph, “emergency situations” include the disappearance, injury, or death of a recipient.

 (c) Members of local governing boards may be reimbursed for necessary travel expenses incurred in the organization and operation of local programs as may be determined by the department.




Sec. 47.30.545. Populations to be served.
The entities designated by the department to receive money under AS 47.30.540(b) shall provide one or more of the services that are set out in AS 47.30.056(i) to persons identified in AS 47.30.056.


Sec. 47.30.546. Services for mentally and emotionally disturbed. [Repealed, § 49 ch 66 SLA 1991.]
Sec. 47.30.547. Standards for community mental health services.
An entity that provides community mental health services shall
     (1) make services available at times and locations that enable residents of the entity’s service area to obtain services readily;

     (2) ensure each client’s right to confidentiality and treatment with dignity;

     (3) establish staffing patterns of qualified and trained personnel that reflect the cultural, linguistic, and other social characteristics of the community and that incorporate multidisciplinary professional staff to meet client functional levels and diagnostic and treatment needs;

     (4) promote client and family participation in formulating, delivering, and evaluating treatment and rehabilitation;

     (5) design screening, diagnosis, treatment, and rehabilitation services to maximize individual potential and to minimize institutionalization; and

     (6) provide services in the least restrictive setting, enabling the person receiving the services to live as normally as possible.




Sec. 47.30.550. Cost sharing formulas; use of income.
 (a) In a district designated by the department as a poverty area, the department may fund not more than 90 percent of the eligible costs of the community mental health services to be furnished under an entity’s approved plan.

 (b) In a district that has not been designated by the department as a poverty area, the department may fund not more than 75 percent of the eligible costs of the community mental health services to be furnished under an entity’s approved plan.

 (c) Notwithstanding (a) and (b) of this section, if the department determines that sufficient funds from other sources are unavailable, then the department shall fund the percent of the eligible costs that is necessary in order to ensure that services for chronically mentally ill adults and severely mentally ill children, and other community mental health services to be furnished under an entity’s approved plan are made available by the entity. Funding under this subsection is subject to the availability of legislative appropriations for the purpose.

 (d) Income earned by an entity through a community mental health project funded under AS 47.30.520 — 47.30.620 shall be used to augment or enhance the entity’s mental health services.

 (e) In (a) and (b) of this section, “poverty area” means a census district in which at least 15 percent of the population, based upon the most recent census data, falls under 125 percent of the United States Department of Health and Human Services’ Poverty Income Guidelines for Alaska, as reported in the Federal Register.




Sec. 47.30.560. Contracts and expenditures.
The contracts for services provided for in AS 47.30.520 — 47.30.620 shall be reviewed, revised if necessary, and approved at the expiration of each contract year. A contract shall be approved if the department finds that the community entity has complied with its plan, AS 47.30.520 — 47.30.620, and any applicable regulations adopted by the department. Expenditures for the purchase of services shall be made in accordance with the approved contract, budgets, and program projections.


Sec. 47.30.570. Regulations; eligible services and costs.
The department shall adopt regulations specifying the types of services and program costs eligible for state participation. These regulations must include
     (1) a provision excluding capital expenditures as eligible costs; and

     (2) a requirement that the community entity contractor or applicant agrees as a condition of contract approval that it will not supplant existing local fund support of community mental health services with funds received under AS 47.30.520 — 47.30.620 and that it will continue local funding support of community mental health services, in any year in which it contracts with the department, at a level that is at least equal to the local funding support in the previous year.




Sec. 47.30.580. Comprehensive services.
Plans and regulations adopted under AS 47.30.520 — 47.30.620 must allow local programs sufficient administrative and program flexibility so that local community mental health programs may be joined with other programs such as intellectual and developmental disability programs, drug abuse programs, alcoholism programs, and comprehensive mental health services programs.


Sec. 47.30.590. Patient rights and the confidential nature of records and information.
 (a) The department shall adopt regulations to assure patient rights and to safeguard the confidential nature of records and information about the recipients of services provided under this chapter. The regulations must require that entities identified in AS 47.30.540(b) develop and include in any plan submitted for approval adequate provisions for safeguarding confidential information. The regulations must provide for disclosure of confidential information to parents or guardians, to mental health professionals providing services to a recipient, and to other appropriate service agencies when it is in the defined best interests of the patient.

 (b) Notwithstanding (a) of this section, the department is authorized to review, obtain, and copy confidential and other records and information about the clients of services requested or furnished under AS 47.30.520 — 47.30.620 to evaluate compliance with those statutes. The department may obtain the records and information regarding clients from the client or directly from an entity designated by the department under AS 47.30.520 — 47.30.620 that furnished those services. Records obtained by the department under this subsection are medical records, shall be handled confidentially, and are exempt from public inspection and copying under AS 40.25.110 — 40.25.120.




Sec. 47.30.600. Applicability to existing programs. [Repealed, § 6 ch 47 SLA 1987.]
Sec. 47.30.605. Mental Health Advisory Council. [Repealed, § 13 ch 48 SLA 1987.]
Sec. 47.30.610. Definitions.
In AS 47.30.520 — 47.30.610,
     (1) “authority” means the Alaska Mental Health Trust Authority established in AS 47.30.011;

     (2) “department” means the Department of Health and Social Services;

     (3) “persons with mental disorders” means persons with disorders currently included within nationally accepted diagnostic systems of the mental health professions;

     (4) “trust” has the meaning given in AS 47.30.061.




Sec. 47.30.620. Short title.
AS 47.30.520 — 47.30.620 may be cited as the Community Mental Health Services Act.


Article 6. State Mental Health Policy.


Sec. 47.30.655. Purpose and principles of major revision.
The purpose of the 1981 major revision of Alaska civil commitment statutes (AS 47.30.660 and 47.30.670 — 47.30.915) is to more adequately protect the legal rights of persons suffering from mental illness. The legislature has attempted to balance the individual’s constitutional right to physical liberty and the state’s interest in protecting society from persons who are dangerous to others and protecting persons who are dangerous to themselves by providing due process safeguards at all stages of commitment proceedings. In addition, the following principles of modern mental health care have guided this revision:
     (1) that persons be given every reasonable opportunity to accept voluntary treatment before involvement with the judicial system;

     (2) that persons be treated in the least restrictive alternative environment consistent with their treatment needs;

     (3) that treatment occur as promptly as possible and as close to the individual’s home as possible;

     (4) that a system of mental health community facilities and supports be available;

     (5) that patients be informed of their rights and be informed of and allowed to participate in their treatment program as much as possible;

     (6) that persons who are mentally ill but not dangerous to others be committed only if there is a reasonable expectation of improving their mental condition.




Sec. 47.30.660. Powers and duties of department.
 (a) The department shall
     (1) prepare, and periodically revise and amend, a plan for an integrated comprehensive mental health program, as that term is defined by AS 47.30.056(i); the preparation of the plan and any revision or amendment of it shall
          (A) be made in conjunction with the Alaska Mental Health Trust Authority;

          (B) be coordinated with federal, state, regional, local, and private entities involved in mental health services;

     (2) in planning expenditures from the mental health trust settlement income account, conform to the regulations adopted by the Alaska Mental Health Trust Authority under AS 47.30.031(b)(5); and

     (3) implement an integrated comprehensive system of care that, within the limits of money appropriated for that purpose and using grants and contracts that are to be paid for from the mental health trust settlement income account, meets the service needs of the beneficiaries of the trust established under the Alaska Mental Health Enabling Act of 1956, as determined by the plan.

 (b) The department, in fulfilling its duties under this section and through its division responsible for mental health, shall
     (1) administer a comprehensive program of services for persons with mental disorders, for the prevention of mental illness, and for the care and treatment of persons with mental disorders, including inpatient and outpatient care and treatment and the procurement of services of specialists or other persons on a contractual or other basis;

     (2) take the actions and undertake the obligations that are necessary to participate in federal grants-in-aid programs and accept federal or other financial aid from whatever sources for the study, prevention, examination, care, and treatment of persons with mental disorders;

     (3) administer AS 47.30.660 — 47.30.915;

     (4) designate, operate, and maintain treatment facilities equipped and qualified to provide inpatient and outpatient care and treatment for persons with mental disorders;

     (5) provide for the placement of patients with mental disorders in designated treatment facilities;

     (6) enter into arrangements with governmental agencies for the care or treatment of persons with mental disorders in facilities of the governmental agencies in the state or in another state;

     (7) enter into contracts with treatment facilities for the custody and care or treatment of persons with mental disorders; contracts under this paragraph are governed by AS 36.30 (State Procurement Code);

     (8) enter into contracts, which incorporate safeguards consistent with AS 47.30.660 — 47.30.915 and the preservation of the civil rights of the patients with another state for the custody and care or treatment of patients previously committed from this state under 48 U.S.C. 46 et seq., and P.L. 84-830, 70 Stat. 709;

     (9) prescribe the form of applications, records, reports, requests for release, and consents to medical or psychological treatment required by AS 47.30.660 — 47.30.915;

     (10) require reports from the head of a treatment facility concerning the care of patients;

     (11) visit each treatment facility at least annually to review methods of care or treatment for patients;

     (12) investigate complaints made by a patient or an interested party on behalf of a patient;

     (13) delegate upon mutual agreement to another officer or agency of it, or a political subdivision of the state, or a treatment facility designated, any of the duties and powers imposed upon it by AS 47.30.660 — 47.30.915;

     (14) after consultation with the Alaska Mental Health Trust Authority, adopt regulations to implement the provisions of AS 47.30.660 — 47.30.915;

     (15) provide technical assistance and training to providers of mental health services; and

     (16) set standards under which each designated treatment facility shall provide programs to meet patients’ medical, psychological, social, vocational, educational, and recreational needs.




Article 7. Alaska Mental Health Board.


Sec. 47.30.661. Alaska Mental Health Board.
The Alaska Mental Health Board is established. For budgetary purposes, the board is located within the department. The board is the state planning and coordinating agency for the purposes of federal and state laws relating to the mental health program of the state. The purpose of the board is to assist the state in ensuring an integrated comprehensive mental health program.


Sec. 47.30.662. Composition; non-voting members.
 (a) The board consists of not fewer than 12 nor more than 16 members appointed by the governor, with due regard for the demographics of the state and balanced geographic representation of the state. The membership and committees of the board shall fulfill the requirements of P.L. 99-660, as amended.

 (b) Not less than one-half of the members shall be persons with a mental disorder identified in AS 47.30.056(b)(1) or members of their families.

 (c) The board members
     (1) shall include the director of the division of the department responsible for mental health; and

     (2) may include representatives of the principal state agencies with respect to education, vocational rehabilitation, criminal justice, housing, social services, medical assistance, substance abuse, and aging.

 (d) Board members appointed under (c) of this section may not vote on matters before the board.

 (e) The board members shall include at least two licensed mental health professionals who represent public and private providers of mental health services and at least one member who is admitted to practice law in the state. Members appointed under this subsection may also be family members identified under (b) of this section.




Sec. 47.30.663. Terms of office; vacancies; removal.
 (a) Board members serve staggered terms of three years.

 (b) A vacancy occurring in the membership of the board shall be filled by appointment of the governor for the unexpired portion of the vacated term.

 (c) Members may be removed only for cause, including, but not limited to, poor attendance or lack of contribution to the board’s work.




Sec. 47.30.664. Officers and staff.
 (a) The board, by a majority of its membership, shall annually elect a chair and other officers it considers necessary from among its membership.

 (b) The board shall have a paid staff provided by the department, including, but not limited to, an executive director who shall be selected by the board. The executive director is in the partially exempt service and may hire additional employees in the classified service of the state. The department shall provide for the assignment of personnel to the board to ensure the board has the capacity to fulfill its responsibilities. The executive director of the board shall be directly responsible to the board in the performance of the director’s duties.




Sec. 47.30.665. Bylaws.
The board, on approval of a majority of its membership and consistent with state law, shall adopt and amend bylaws governing its composition, proceedings, and other activities consistent with state law and including, but not limited to, provisions concerning a quorum to transact board business and other aspects of procedure, frequency and location of meetings, and establishment, functions, and membership of committees.


Sec. 47.30.666. Duties of the board.
The board is the state planning and coordinating body for the purpose of federal and state laws relating to mental health services for persons with mental disorders identified in AS 47.30.056(b)(1). On behalf of those persons, the board shall
     (1) prepare and maintain a comprehensive plan of treatment and rehabilitation services;

     (2) propose an annual implementation plan consistent with the comprehensive plan and with due regard for the findings from evaluation of existing programs;

     (3) provide a public forum for the discussion of issues related to the mental health services for which the board has planning and coordinating responsibility;

     (4) advocate the needs of persons with mental disorders before the governor, executive agencies, the legislature, and the public;

     (5) advise the legislature, the governor, the Alaska Mental Health Trust Authority, and other state agencies in matters affecting persons with mental disorders, including, but not limited to,
          (A) development of necessary services for diagnosis, treatment, and rehabilitation;

          (B) evaluation of the effectiveness of programs in the state for diagnosis, treatment, and rehabilitation;

          (C) legal processes that affect screening, diagnosis, treatment, and rehabilitation;

     (6) provide to the Alaska Mental Health Trust Authority for its review and consideration recommendations concerning the integrated comprehensive mental health program for those persons who are described in AS 47.30.056(b)(1) and the use of money in the mental health trust settlement income account in a manner consistent with regulations adopted under AS 47.30.031; and

     (7) submit periodic reports regarding its planning, evaluation, advocacy, and other activities.




Sec. 47.30.667. Compensation, per diem, and expenses.
The board members appointed under AS 47.30.662(b) and (e) are not entitled to a salary, but are entitled to per diem, reimbursement for travel, and other expenses authorized by law for boards and commissions under AS 39.20.180.


Sec. 47.30.669. Definition.
In AS 47.30.661 — 47.30.669, “board” means the Alaska Mental Health Board established in AS 47.30.661.


Article 8. Voluntary Admission for Treatment.


Sec. 47.30.670. Criteria for voluntary admission.
A person 18 years of age or older may be voluntarily admitted to a treatment facility if the person is suffering from mental illness and voluntarily signs the admission papers.


Sec. 47.30.675. Required notices.
 (a) Upon the application of a person for voluntary admission, or at the time a person admitted under AS 47.30.690 reaches the age of 18, the person shall be given a copy of the following documents which shall be explained as necessary:
     (1) notice of rights as set out in AS 47.30.825 — 47.30.865 and an explanation of any document served upon the person; and

     (2) notice that should the person desire to leave at a time when the treatment facility determines that the person is mentally ill and as a result is likely to cause serious harm to self or others or is gravely disabled, the facility could initiate commitment proceedings against the person.

 (b) If an applicant for voluntary admission does not understand English, the explanation shall be given in a language the applicant understands.




Sec. 47.30.680. Required discharge.
A patient who no longer meets the standards established in AS 47.30.670 shall be discharged from the treatment facility.


Sec. 47.30.685. Request to leave; evaluation; 48-hour hold for commitment.
A voluntary patient who is 18 years of age or older and who desires to leave a treatment facility shall submit to the facility a request to leave on a form provided by the facility. When the investigation is completed, the patient shall be evaluated immediately in writing and discharged immediately or given written notice that involuntary commitment proceedings will be initiated against the patient. The treatment facility may detain the patient for no more than 48 hours after receipt of the patient’s request to leave in order to initiate involuntary commitment proceedings.


Sec. 47.30.690. Admission of minors under 18 years of age.
 (a) A minor under the age of 18 may be admitted for 30 days of evaluation, diagnosis, and treatment at a designated treatment facility if the minor’s parent or guardian signs the admission papers and if, in the opinion of the professional person in charge,
     (1) the minor is gravely disabled or is suffering from mental illness and as a result is likely to cause serious harm to the minor or others;

     (2) there is no less restrictive alternative available for the minor’s treatment; and

     (3) there is reason to believe that the minor’s mental condition could be improved by the course of treatment or would deteriorate further if untreated.

 (b) A guardian ad litem for a minor admitted under this section shall be appointed under AS 25.24.310 to monitor the best interests of the minor as soon as possible after the minor’s admission. If the guardian ad litem finds that placement is not appropriate, the guardian ad litem may request that an attorney be appointed under AS 25.24.310 to represent the minor. The attorney may request a hearing on behalf of the minor during the 30-day admittance.

 (c) The minor may be released by the treatment facility at any time if the professional person in charge or the minor’s designated mental health professional determines the minor would no longer benefit from continued treatment and the minor is not dangerous. The minor’s parents or guardian must be notified by the facility of the contemplated release.




Sec. 47.30.693. Notice to parent or guardian of minor.
When a minor under 18 years of age is detained at or admitted or committed to a treatment facility, the facility shall inform the parent or guardian of the location of the minor as soon as possible after the arrival of the minor at the facility.


Sec. 47.30.695. Request by parent or guardian for release of minors under 18 years of age from detention and commitment.
The parent or guardian of a minor who is less than 18 years of age may file a notice to withdraw the minor from the facility. On receipt of the notice,
     (1) the facility may discharge the minor to the custody of the parent or guardian; or

     (2) if, in the opinion of the treating physician, release of the minor would be seriously detrimental to the minor’s health, the treating physician may
          (A) discharge the minor to the custody of the parent or guardian after advising the parent or guardian that this action is against medical advice and after receiving a written acknowledgment of the advice; or

          (B) refuse to discharge the minor, initiate involuntary commitment proceedings, and continue to hold the minor until a court order under AS 47.30.700 has been issued; or

     (3) if, in the opinion of the treating physician, the minor is likely to cause serious harm to self or others and there is reason to believe the release could place the minor in imminent danger, the treating physician shall refuse to discharge the minor, and shall initiate involuntary commitment proceedings and continue to hold the minor until a court order under AS 47.30.700 has been issued.




Article 9. Involuntary Admission for Treatment.


Sec. 47.30.700. Initial involuntary commitment procedures.
 (a) Upon petition of any adult, a judge shall immediately conduct a screening investigation or direct a local mental health professional employed by the department or by a local mental health program that receives money from the department under AS 47.30.520 — 47.30.620 or another mental health professional designated by the judge, to conduct a screening investigation of the person alleged to be mentally ill and, as a result of that condition, alleged to be gravely disabled or to present a likelihood of serious harm to self or others. Within 48 hours after the completion of the screening investigation, a judge may issue an ex parte order orally or in writing, stating that there is probable cause to believe the respondent is mentally ill and that condition causes the respondent to be gravely disabled or to present a likelihood of serious harm to self or others. The court shall provide findings on which the conclusion is based, appoint an attorney to represent the respondent, and may direct that a peace officer take the respondent into custody and deliver the respondent to the nearest appropriate facility for emergency examination or treatment. The ex parte order shall be provided to the respondent and made a part of the respondent’s clinical record. The court shall confirm an oral order in writing within 24 hours after it is issued.

 (b) The petition required in (a) of this section must allege that the respondent is reasonably believed to present a likelihood of serious harm to self or others or is gravely disabled as a result of mental illness and must specify the factual information on which that belief is based including the names and addresses of all persons known to the petitioner who have knowledge of those facts through personal observation.




Sec. 47.30.705. Emergency detention for evaluation.
 (a) A peace officer, a psychiatrist or physician who is licensed to practice in this state or employed by the federal government, or a clinical psychologist licensed by the state Board of Psychologist and Psychological Associate Examiners who has probable cause to believe that a person is gravely disabled or is suffering from mental illness and is likely to cause serious harm to self or others of such immediate nature that considerations of safety do not allow initiation of involuntary commitment procedures set out in AS 47.30.700, may cause the person to be taken into custody and delivered to the nearest evaluation facility. A person taken into custody for emergency evaluation may not be placed in a jail or other correctional facility except for protective custody purposes and only while awaiting transportation to a treatment facility. However, emergency protective custody under this section may not include placement of a minor in a jail or secure facility. The peace officer or mental health professional shall complete an application for examination of the person in custody and be interviewed by a mental health professional at the facility.

 (b) In this section, “minor” means an individual who is under 18 years of age.




Sec. 47.30.710. Examination; hospitalization.
 (a) A respondent who is delivered under AS 47.30.700 — 47.30.705 to an evaluation facility for emergency examination and treatment shall be examined and evaluated as to mental and physical condition by a mental health professional and by a physician within 24 hours after arrival at the facility.

 (b) If the mental health professional who performs the emergency examination has reason to believe that the respondent is (1) mentally ill and that condition causes the respondent to be gravely disabled or to present a likelihood of serious harm to self or others, and (2) is in need of care or treatment, the mental health professional may hospitalize the respondent, or arrange for hospitalization, on an emergency basis. If a judicial order has not been obtained under AS 47.30.700, the mental health professional shall apply for an ex parte order authorizing hospitalization for evaluation.




Sec. 47.30.715. Procedure after order.
When a facility receives a proper order for evaluation, it shall accept the order and the respondent for an evaluation period not to exceed 72 hours. The facility shall promptly notify the court of the date and time of the respondent’s arrival. The court shall set a date, time, and place for a 30-day commitment hearing, to be held if needed within 72 hours after the respondent’s arrival, and the court shall notify the facility, the respondent, the respondent’s attorney, and the prosecuting attorney of the hearing arrangements. Evaluation personnel, when used, shall similarly notify the court of the date and time when they first met with the respondent.


Sec. 47.30.720. Release before expiration of 72-hour period.
If at any time in the course of the 72-hour period the mental health professionals conducting the evaluation determine that the respondent does not meet the standards for commitment specified in AS 47.30.700, the respondent shall be discharged from the facility or the place of evaluation by evaluation personnel and the petitioner and the court so notified.


Sec. 47.30.725. Rights; notification.
 (a) When a respondent is detained for evaluation under AS 47.30.660 — 47.30.915, the respondent shall be immediately notified orally and in writing of the rights under this section. Notification must be in a language understood by the respondent. The respondent’s guardian, if any, and if the respondent requests, an adult designated by the respondent, shall also be notified of the respondent’s rights under this section.

 (b) Unless a respondent is released or voluntarily admitted for treatment within 72 hours of arrival at the facility or, if the respondent is evaluated by evaluation personnel, within 72 hours from the beginning of the respondent’s meeting with evaluation personnel, the respondent is entitled to a court hearing to be set for not later than the end of that 72-hour period to determine whether there is cause for detention after the 72 hours have expired for up to an additional 30 days on the grounds that the respondent is mentally ill, and as a result presents a likelihood of serious harm to the respondent or others, or is gravely disabled. The facility or evaluation personnel shall give notice to the court of the releases and voluntary admissions under AS 47.30.700 — 47.30.815.

 (c) The respondent has a right to communicate immediately, at the department’s expense, with the respondent’s guardian, if any, or an adult designated by the respondent and the attorney designated in the ex parte order, or an attorney of the respondent’s choice.

 (d) The respondent has the right to be represented by an attorney, to present evidence, and to cross-examine witnesses who testify against the respondent at the hearing.

 (e) The respondent has the right to be free of the effects of medication and other forms of treatment to the maximum extent possible before the 30-day commitment hearing; however, the facility or evaluation personnel may treat the respondent with medication under prescription by a licensed physician or by a less restrictive alternative of the respondent’s preference if, in the opinion of a licensed physician in the case of medication, or of a mental health professional in the case of alternative treatment, the treatment is necessary to
     (1) prevent bodily harm to the respondent or others;

     (2) prevent such deterioration of the respondent’s mental condition that subsequent treatment might not enable the respondent to recover; or

     (3) allow the respondent to prepare for and participate in the proceedings.

 (f) A respondent, if represented by counsel, may waive, orally or in writing, the 72-hour time limit on the 30-day commitment hearing and have the hearing set for a date no more than seven calendar days after arrival at the facility. The respondent’s counsel shall immediately notify the court of the waiver.




Sec. 47.30.730. Petition for 30-day commitment.
 (a) In the course of the 72-hour evaluation period, a petition for commitment to a treatment facility may be filed in court. The petition must be signed by two mental health professionals who have examined the respondent, one of whom is a physician. The petition must
     (1) allege that the respondent is mentally ill and as a result is likely to cause harm to self or others or is gravely disabled;

     (2) allege that the evaluation staff has considered but has not found that there are any less restrictive alternatives available that would adequately protect the respondent or others; or, if a less restrictive involuntary form of treatment is sought, specify the treatment and the basis for supporting it;

     (3) allege with respect to a gravely disabled respondent that there is reason to believe that the respondent’s mental condition could be improved by the course of treatment sought;

     (4) allege that a specified treatment facility or less restrictive alternative that is appropriate to the respondent’s condition has agreed to accept the respondent;

     (5) allege that the respondent has been advised of the need for, but has not accepted, voluntary treatment, and request that the court commit the respondent to the specified treatment facility or less restrictive alternative for a period not to exceed 30 days;

     (6) list the prospective witnesses who will testify in support of commitment or involuntary treatment; and

     (7) list the facts and specific behavior of the respondent supporting the allegation in (1) of this subsection.

 (b) A copy of the petition shall be served on the respondent, the respondent’s attorney, and the respondent’s guardian, if any, before the 30-day commitment hearing.




Sec. 47.30.735. 30-day commitment; hearing.
 (a) Upon receipt of a proper petition for commitment, the court shall hold a hearing at the date and time previously specified according to procedures set out in AS 47.30.715.

 (b) The hearing shall be conducted in a physical setting least likely to have a harmful effect on the mental or physical health of the respondent, within practical limits. At the hearing, in addition to other rights specified in AS 47.30.660 — 47.30.915, the respondent has the right
     (1) to be present at the hearing; this right may be waived only with the respondent’s informed consent; if the respondent is incapable of giving informed consent, the respondent may be excluded from the hearing only if the court, after hearing, finds that the incapacity exists and that there is a substantial likelihood that the respondent’s presence at the hearing would be severely injurious to the respondent’s mental or physical health;

     (2) to view and copy all petitions and reports in the court file of the respondent’s case;

     (3) to have the hearing open or closed to the public as the respondent elects;

     (4) to have the rules of evidence and civil procedure applied so as to provide for the informal but efficient presentation of evidence;

     (5) to have an interpreter if the respondent does not understand English;

     (6) to present evidence on the respondent’s behalf;

     (7) to cross-examine witnesses who testify against the respondent;

     (8) to remain silent;

     (9) to call experts and other witnesses to testify on the respondent’s behalf.

 (c) At the conclusion of the hearing the court may commit the respondent to a treatment facility for not more than 30 days if it finds, by clear and convincing evidence, that the respondent is mentally ill and as a result is likely to cause harm to the respondent or others or is gravely disabled.

 (d) If the court finds that there is a viable less restrictive alternative available and that the respondent has been advised of and refused voluntary treatment through the alternative, the court may order the less restrictive alternative treatment for not more than 30 days if the program accepts the respondent.

 (e) The court shall specifically state to the respondent, and give the respondent written notice, that if commitment or other involuntary treatment beyond the 30 days is to be sought, the respondent has the right to a full hearing or jury trial.




Sec. 47.30.740. Procedure for 90-day commitment following 30-day commitment.
 (a) At any time during the respondent’s 30-day commitment, the professional person in charge, or that person’s professional designee, may file with the court a petition for a 90-day commitment of that respondent. The petition must include all material required under AS 47.30.730(a) except that references to “30 days” shall be read as “90 days”; and
     (1) allege that the respondent has attempted to inflict or has inflicted serious bodily harm upon the respondent or another since the respondent’s acceptance for evaluation, or that the respondent was committed initially as a result of conduct in which the respondent attempted or inflicted serious bodily harm upon the respondent or another, or that the respondent continues to be gravely disabled, or that the respondent demonstrates a current intent to carry out plans of serious harm to the respondent or another;

     (2) allege that the respondent has received appropriate and adequate care and treatment during the respondent’s 30-day commitment;

     (3) be verified by the professional person in charge, or that person’s professional designee, during the 30-day commitment.

 (b) The court shall have copies of the petition for 90-day commitment served upon the respondent, the respondent’s attorney, and the respondent’s guardian, if any. The petition for 90-day commitment and proofs of service shall be filed with the clerk of the court, and a date for hearing shall be set, by the end of the next judicial day, for not later than five judicial days from the date of filing of the petition. The clerk shall notify the respondent, the respondent’s attorney, and the petitioner of the hearing date at least three judicial days in advance of the hearing.

 (c) Findings of fact relating to the respondent’s behavior made at a 30-day commitment hearing under AS 47.30.735 shall be admitted as evidence and may not be rebutted except that newly discovered evidence may be used for the purpose of rebutting the findings.




Sec. 47.30.745. 90-day commitment hearing rights; continued commitment.
 (a) A respondent subject to a petition for 90-day commitment has, in addition to the rights specified elsewhere in this chapter, or otherwise applicable, the rights enumerated in this section. Written notice of these rights shall be served on the respondent and the respondent’s attorney and guardian, if any, and may be served on an adult designated by the respondent at the time the petition for 90-day commitment is served. An attempt shall be made by oral explanation to ensure that the respondent understands the rights enumerated in the notice. If the respondent does not understand English, the explanation shall be given in a language the respondent understands.

 (b) Unless the respondent is released or is admitted voluntarily following the filing of a petition and before the hearing, the respondent is entitled to a judicial hearing within five judicial days of the filing of the petition as set out in AS 47.30.740(b) to determine if the respondent is mentally ill and as a result is likely to cause harm to self or others, or if the respondent is gravely disabled. If the respondent is admitted voluntarily following the filing of the petition, the voluntary admission constitutes a waiver of any hearing rights under AS 47.30.740 or under AS 47.30.685. If at any time during the respondent’s voluntary admission under this subsection, the respondent submits to the facility a written request to leave, the professional person in charge may file with the court a petition for a 180-day commitment of the respondent under AS 47.30.770. The 180-day commitment hearing shall be scheduled for a date not later than 90 days after the respondent’s voluntary admission.

 (c) The respondent is entitled to a jury trial upon request filed with the court if the request is made at least two judicial days before the hearing. If the respondent requests a jury trial, the hearing may be continued for no more than 10 calendar days. The jury shall consist of six persons.

 (d) If a jury trial is not requested, the court may still continue the hearing at the respondent’s request for no more than 10 calendar days.

 (e) The respondent has a right to retain an independent licensed physician or other mental health professional to examine the respondent and to testify on the respondent’s behalf. Upon request by an indigent respondent, the court shall appoint an independent licensed physician or other mental health professional to examine the respondent and testify on the respondent’s behalf. The court shall consider an indigent respondent’s request for a specific physician or mental health professional. A motion for the appointment may be filed in court at any reasonable time before the hearing and shall be acted upon promptly. Reasonable fees and expenses for expert examiners shall be determined by the rules of court.

 (f) The proceeding shall in all respects be in accord with constitutional guarantees of due process and, except as otherwise specifically provided in AS 47.30.700 — 47.30.915, the rules of evidence and procedure in civil proceedings.

 (g) Until the court issues a final decision, the respondent shall continue to be treated at the treatment facility unless the petition for 90-day commitment is withdrawn. If a decision has not been made within 20 days of filing of the petition, not including extensions of time due to jury trial or other requests by the respondent, the respondent shall be released.




Sec. 47.30.750. Conduct of hearing.
The hearing under AS 47.30.745 shall be conducted in the same manner, and with the same rights for the respondent, as set out in AS 47.30.735(b).


Sec. 47.30.755. Court order.
 (a) After the hearing and within the time limit specified in AS 47.30.745, the court may commit the respondent to a treatment facility for no more than 90 days if the court or jury finds by clear and convincing evidence that the respondent is mentally ill and as a result is likely to cause harm to self or others, or is gravely disabled.

 (b) If the court finds that there is a less restrictive alternative available and that the respondent has been advised of and refused voluntary treatment through the alternative, the court may order the less restrictive alternative treatment after acceptance by the program of the respondent for a period not to exceed 90 days.




Sec. 47.30.760. Placement at closest facility.
Treatment shall always be available at a state-operated hospital; however, if space is available and upon acceptance by another treatment facility, a respondent who is committed by the court shall be placed by the department at the designated treatment facility closest to the respondent’s home unless the court finds that
     (1) another treatment facility in the state has a program more suited to the respondent’s condition, and this interest outweighs the desirability of the respondent being closer to home;

     (2) another treatment facility in the state is closer to the respondent’s friends or relatives who could benefit the respondent through their visits and communications; or

     (3) the respondent wants to be further removed from home, and the mental health professionals who sought the respondent’s commitment concur in the desirability of removed placement.




Sec. 47.30.765. Appeal.
The respondent has the right to an appeal from an order of involuntary commitment. The court shall inform the respondent of this right.


Sec. 47.30.770. Additional 180-day commitment.
 (a) The respondent shall be released from involuntary treatment at the expiration of 90 days unless the professional person in charge files a petition for a 180-day commitment conforming to the requirements of AS 47.30.740(a) except that all references to “30-day commitment” shall be read as “the previous 90-day commitment” and all references to “90-day commitment” shall be read as “180-day commitment”.

 (b) The procedures for service of the petition, notification of rights, and judicial hearing shall be as set out in AS 47.30.740 — 47.30.750. If the court or jury finds by clear and convincing evidence that the grounds for 90-day commitment as set out in AS 47.30.755 are present, the court may order the respondent committed for an additional treatment period not to exceed 180 days from the date on which the first 90-day treatment period would have expired.

 (c) Successive 180-day commitments are permissible on the same ground and under the same procedures as the original 180-day commitment. An order of commitment may not exceed 180 days.

 (d) Findings of fact relating to the respondent’s behavior made at a 30-day commitment hearing under AS 47.30.735, a 90-day commitment hearing under AS 47.30.750, or a previous 180-day commitment hearing under this section shall be admitted as evidence and may not be rebutted except that newly discovered evidence may be used for the purpose of rebutting the findings.




Sec. 47.30.772. Medication and treatment.
An evaluation facility or designated treatment facility may administer medication or other treatment to an involuntarily committed patient only in a manner that is consistent with the provisions of AS 47.30.817 — 47.30.865.


Sec. 47.30.775. Commitment of minors.
The provisions of AS 47.30.700 — 47.30.815 apply to minors. However, all notices required to be served on the respondent in AS 47.30.700 — 47.30.815 shall also be served on the parent or guardian of a respondent who is a minor, and parents or guardians of a minor respondent shall be notified that they may appear as parties in any commitment proceeding concerning the minor and that as parties they are entitled to retain their own attorney or have the office of public advocacy appointed for them by the court. A minor respondent has the same rights to waiver and informed consent as an adult respondent under AS 47.30.660 — 47.30.915; however, the minor shall be represented by counsel in waiver and consent proceedings.


Sec. 47.30.780. Early discharge.
 (a) Except as provided in (b) of this section, the professional person in charge shall at any time discharge a respondent on the ground that the respondent is no longer gravely disabled or likely to cause serious harm as a result of mental illness. A certificate to this effect shall be sent to the court, which shall enter an order officially terminating the involuntary commitment.

 (b) The professional person in charge shall give the prosecuting authority 10 days’ notice before discharging a respondent who was committed after having been found incompetent to proceed under AS 12.47.110.




Sec. 47.30.785. Authorized absences.
A respondent undergoing involuntary treatment on an inpatient basis under AS 47.30.700 — 47.30.815 may be authorized to be absent from the treatment facility during times specified by the professional person in charge, or that person’s professional designee, when an authorization to be absent is in the best interests of the respondent and the respondent is not likely to cause harm to self or others.


Sec. 47.30.790. Unauthorized absences: return to facility; required notice.
When a respondent undergoing involuntary treatment on an inpatient basis is absent from the treatment facility without, or in excess of, authorization under AS 47.30.785, the professional person in charge, or that person’s professional designee, may contact the appropriate peace officers who shall take the respondent into custody and return the respondent to the treatment facility. If it is determined by the professional person in charge to be necessary, a member of the treatment facility staff shall accompany the peace officers when they take the respondent into custody. In addition, the family or guardian of the patient and any person known to have been threatened by the patient shall be notified of the patient’s unauthorized absence immediately upon its discovery.


Sec. 47.30.795. Involuntary outpatient care for committed persons.
 (a) A respondent who was originally committed to involuntary inpatient care under AS 47.30.700 — 47.30.915 may be released before the expiration of the commitment period if a provider of outpatient care accepts the respondent for specified outpatient treatment for a period of time not to exceed the duration of the commitment, and if the professional person in charge, or that person’s professional designee, finds that
     (1) it is not necessary to treat the respondent as an inpatient to prevent the respondent from harming self or others; and

     (2) there is reason to believe that the respondent’s mental condition would improve as a result of the outpatient treatment.

 (b) A copy of the conditions for early release shall be given to the respondent and the respondent’s attorney and guardian, if any, the provider of outpatient care, and the court.

 (c) If during the commitment period the provider of outpatient care determines that the respondent can no longer be treated on an outpatient basis because the respondent is likely to cause harm to self or others or is gravely disabled, the provider shall give the respondent oral and written notice that the respondent must return to the treatment facility within 24 hours, with copies to the respondent’s attorney and guardian, if any, the court, and the inpatient treatment facility. If the respondent fails to arrive at the treatment facility within 24 hours after receiving the notice, the professional person in charge may contact the appropriate peace officers who shall take the respondent into custody and transport the respondent to the facility. If it is determined by the professional person in charge to be necessary, a member of the treatment facility staff shall accompany the peace officers when they take the respondent into custody.

 (d) If the provider of outpatient care determines that the respondent will require continued outpatient care after the expiration of the commitment period, the provider may initiate further commitment proceedings as if the provider were the professional person in charge, and the provisions of AS 47.30.660 — 47.30.915 apply, except that provisions relating to inpatient treatment shall be read as applicable to outpatient treatment.




Sec. 47.30.800. Conversion of involuntary outpatient treatment to inpatient commitment.
 (a) A respondent ordered by the court under the provisions of AS 47.30.700 — 47.30.915 to receive involuntary outpatient treatment may be required to undergo inpatient treatment when the provider of outpatient care finds that (1) the respondent is mentally ill and is likely to cause serious harm to self or others or is still gravely disabled; (2) the respondent’s behavior since the hearing resulting in court-ordered treatment indicates that the respondent now needs inpatient treatment to protect self or others; (3) there is reason to believe that the respondent’s mental condition will improve as a result of inpatient treatment; and (4) there is an inpatient facility appropriate to the respondent’s need that will accept the respondent as a patient. Treatment for these respondents shall be available at state-operated hospitals at all times.

 (b) Upon making the findings specified in (a) of this section, the provisions of AS 47.30.795(c) relating to notice and AS 47.30.745 relating to hearings apply.




Sec. 47.30.803. Conversion from involuntary to voluntary status.
A patient subject to involuntary hospitalization under AS 47.30.705, 47.30.735, or AS 47.30.755 may at any time convert to voluntary status if the responsible physician agrees that
     (1) the patient is an appropriate patient for voluntary hospitalization; and

     (2) the conversion is made in good faith.




Sec. 47.30.805. Computation, extension, and expiration of periods of time.
 (a) Except as provided in (b) of this section,
     (1) computations of a 72-hour evaluation period under AS 47.30.715 or a 48-hour detention period under AS 47.30.685 do not include Saturdays, Sundays, legal holidays, or any period of time necessary to transport the respondent to the treatment facility;

     (2) a 30-day commitment period expires at the end of the 30th day after the 72 hours following initial acceptance;

     (3) a 90-day commitment period expires at the end of the 90th day after the expiration of a 30-day period of treatment;

     (4) a 180-day commitment period expires at the end of the 180th day, after the expiration of a 90-day period of treatment or previous 180-day period, whichever is applicable.

 (b) When a respondent has failed to appear or been absent through the respondent’s own actions contrary to any order properly made or entered under AS 47.30.660 — 47.30.915, the relevant commitment period shall be extended for a period of time equal to the respondent’s absence if written notice of absence is promptly provided to the respondent’s attorney and guardian, if there is one, and if, within 24 hours after the respondent has returned to the evaluation or treatment facility, written notice of the corresponding extension and the reason for it is given to the respondent and the respondent’s attorney and guardian, if any, and to the court.




Sec. 47.30.810. Habeas corpus not limited.
Nothing in AS 47.30.660 — 47.30.915 may be construed as limiting a person’s right to a writ of habeas corpus.


Sec. 47.30.815. Limitation of liability; bad faith application a felony.
 (a) A person acting in good faith upon either actual knowledge or reliable information who makes application for evaluation or treatment of another person under AS 47.30.700 — 47.30.915 is not subject to civil or criminal liability.

 (b) The following persons may not be held civilly or criminally liable for detaining a person under AS 47.30.700 — 47.30.915 or for releasing a person under AS 47.30.700 — 47.30.915 at or before the end of the period for which the person was admitted or committed for evaluation or treatment if the persons have performed their duties in good faith and without gross negligence:
     (1) an officer of a public or private agency;

     (2) the superintendent, the professional person in charge, the professional designee of the professional person in charge, and the attending staff of a public or private agency;

     (3) a public official performing functions necessary to the administration of AS 47.30.700 — 47.30.915;

     (4) a peace officer or mental health professional responsible for detaining or transporting a person under AS 47.30.700 — 47.30.915.

 (c) A person who wilfully initiates an involuntary commitment procedure under AS 47.30.700 without having good cause to believe that the other person is suffering from a mental illness and as a result is gravely disabled or likely to cause serious harm to self or others, is guilty of a felony.




Article 10. Patient Rights.


Sec. 47.30.817. Advance health care directives.
A health care provider or a health care institution may not require or prohibit the execution or revocation of an advance health care directive as a condition for admission, discharge, or providing health care. In this section, “advance health care directive,” “health care institution,” and “health care provider” have the meanings given in AS 13.52.390.


Sec. 47.30.825. Patient medical rights.
 (a) A patient who is receiving services under AS 47.30.660 — 47.30.915 has the rights described in this section.

 (b) The patient and the following persons, at the request of the patient, are entitled to participate in formulating the patient’s individualized treatment plan and to participate in the evaluation process as much as possible, at minimum to the extent of requesting specific forms of therapy, inquiring why specific therapies are or are not included in the treatment program, and being informed as to the patient’s present medical and psychological condition and prognosis: (1) the patient’s counsel, (2) the patient’s guardian, (3) a mental health professional previously engaged in the patient’s care outside of the evaluation facility or designated treatment facility, (4) a representative of the patient’s choice, (5) a person designated as the patient’s agent or surrogate with regard to mental health treatment decisions under AS 13.52, and (6) the adult designated under AS 47.30.725. The mental health care professionals may not withhold any of the information described in this subsection from the patient or from others if the patient has signed a waiver of confidentiality or has designated the person who would receive the information as an agent or surrogate under AS 13.52 with regard to mental health treatment.

 (c) A patient who is capable of giving informed consent has the right to give and withhold consent to medication and treatment in all situations that do not involve a crisis or impending crisis as described in AS 47.30.838(a)(1). A facility shall follow the procedures required under AS 47.30.836 — 47.30.839 before administering psychotropic medication.

 (d) A locked quiet room, or other form of physical restraint, may not be used, except as provided in this subsection, unless a patient is likely to physically harm self or others unless restrained. The form of restraint used shall be that which is in the patient’s best interest and which constitutes the least restrictive alternative available. When practicable, the patient shall be consulted as to the patient’s preference among forms of adequate, medically advisable restraints including medication, and that preference shall be honored. Nothing in this section is intended to limit the right of staff to use a quiet room at the patient’s request or with the patient’s knowing concurrence when considered in the best interests of the patient. Patients placed in a quiet room or other physical restraint shall be checked at least every 15 minutes or more often if good medical practice so indicates. Patients in a quiet room must be visited by a staff member at least once every hour and must be given adequate food and drink and access to bathroom facilities. At no time may a patient be kept in a quiet room or other form of physical restraint against the patient’s will longer than necessary to accomplish the purposes set out in this subsection. All uses of a quiet room or other restraint shall be recorded in the patient’s medical record, the information including but not limited to the reasons for its use, the duration of use, and the name of the authorizing staff member.

 (e) [Repealed, § 12 ch 109 SLA 1992.]
 (f) A patient capable of giving informed consent has the absolute right to accept or refuse electroconvulsive therapy or aversive conditioning. A patient who lacks substantial capacity to make this decision may not be given this therapy or conditioning without a court order unless the patient expressly authorized that particular form of treatment in an advance health care directive properly executed under AS 13.52 or has authorized an agent or surrogate under AS 13.52 to make this decision and the agent or surrogate consents to the treatment on behalf of the patient.

 (g) In no event may treatment include psychosurgery, lobotomy, or other comparable form of treatment without specific informed consent of the patient, including a minor unless the minor is clearly too young or disabled to give an informed consent in which case the consent of the minor’s legal guardian is required. In addition, this treatment may not be given without a court order after hearing compatible with full due process.

 (h) When, in the written opinion of a patient’s attending physician, a true medical emergency exists and a surgical operation is necessary to save the life, physical health, eyesight, hearing, or member of the patient, the professional person in charge, or that person’s professional designee, may give consent to the surgical operation if time will not permit obtaining the consent of the proper relatives or guardian or appropriate judicial authority. However, an operation may not be authorized if the patient is not a minor and knowingly withholds consent on religious grounds.

 (i) A patient upon discharge shall be given a discharge plan specifying the kinds and amount of care and treatment the patient should have after discharge and such other steps as the patient might take to benefit the patient’s mental health after leaving the facility. The patient shall have the right to participate, as far as practicable, in formulating the patient’s discharge plan. A copy of the plan shall be given to the patient, the patient’s guardian, an adult designated in accordance with AS 47.30.725, the court if appropriate, and any follow-up agencies.




Sec. 47.30.830. Prohibition of experimental treatments.
 (a) Experimental treatments involving any significant risk of physical or psychological harm may not be administered to a patient.

 (b) If the personnel of an evaluation or treatment facility are uncertain as to whether a proposed treatment is experimental or is experimental as applied to a particular patient or would involve a significant risk of mental or physical harm to the patient, the matter may be referred to the commissioner for a determination. The patient, the patient’s attorney and guardian, if any, and an adult designated by the patient, shall, simultaneously with the referral to the commissioner, be provided with copies of all the documents by which the referral is made and shall have the opportunity to provide evidence to the commissioner on the question.

 (c) A determination by the commissioner that a treatment is experimental and entails significant risks of mental or physical harm is binding upon all persons involved in the administration of treatment to a patient.




Sec. 47.30.833. Nutritional evaluation; right to proper diet.
 (a) A treatment facility shall conduct a nutritional evaluation of a person admitted or committed to a treatment facility for evaluation or treatment, whether the person is a voluntary or involuntary patient. The evaluation shall be conducted within the first week after the patient is admitted or committed.

 (b) Notwithstanding (a) of this section, a treatment facility is not required to conduct a nutritional evaluation of a patient who is released within 72 hours of arrival.

 (c) A patient has the right to a nutritionally sound and medically appropriate diet. After conducting the nutritional evaluation required under (a) of this section, the treatment facility shall take appropriate steps to correct the patient’s nutritional deficiencies.




Sec. 47.30.835. Civil rights not impaired.
 (a) A person may not deny to a person who is undergoing evaluation or treatment under AS 47.30.660 — 47.30.915 a civil right, including but not limited to, the right to free exercise of religion and the right to dispose of property, sue and be sued, enter into contractual relationships, and vote. A person who violates this subsection commits the crime of interference with constitutional rights under AS 11.76.110.

 (b) Court-ordered evaluation or treatment under AS 47.30.660 — 47.30.915 is not a determination of legal incapacity under AS 13.26.005 — 13.26.580.




Sec. 47.30.836. Psychotropic medication in non-crisis situation.
An evaluation facility or designated treatment facility may not administer psychotropic medication to a patient in a situation that does not involve a crisis under AS 47.30.838(a)(1) unless the patient
     (1) has the capacity to give informed consent to the medication, as described in AS 47.30.837, and gives that consent; the facility shall document the consent in the patient’s medical chart;

     (2) authorized the use of psychotropic medication in an advance health care directive properly executed under AS 13.52 or authorized an agent or surrogate under AS 13.52 to consent to the use of psychotropic medication for the patient and the agent or surrogate does consent; or

     (3) is determined by a court to lack the capacity to give informed consent to the medication and the court approves use of the medication under AS 47.30.839.




Sec. 47.30.837. Informed consent.
 (a) A patient has the capacity to give informed consent for purposes of AS 47.30.836 if the patient is competent to make mental health or medical treatment decisions and the consent is voluntary and informed.

 (b) When seeking a patient’s informed consent under this section, the evaluation facility or designated treatment facility shall give the patient information that is necessary for informed consent in a manner that ensures maximum possible comprehension by the patient.

 (c) If an evaluation facility or designated treatment facility has provided to the patient the information necessary for the patient’s consent to be informed and the patient voluntarily consents, the facility may administer psychotropic medication to the patient unless the facility has reason to believe that the patient is not competent to make medical or mental health treatment decisions. If the facility has reason to believe that the patient is not competent to make medical or mental health treatment decisions and the facility wishes to administer psychotropic medication to the patient, the facility shall follow the procedures of AS 47.30.839.

 (d) In this section,
     (1) “competent” means that the patient
          (A) has the capacity to assimilate relevant facts and to appreciate and understand the patient’s situation with regard to those facts, including the information described in (2) of this subsection;

          (B) appreciates that the patient has a mental disorder or impairment, if the evidence so indicates; denial of a significantly disabling disorder or impairment, when faced with substantial evidence of its existence, constitutes evidence that the patient lacks the capability to make mental health treatment decisions;

          (C) has the capacity to participate in treatment decisions by means of a rational thought process; and

          (D) is able to articulate reasonable objections to using the offered medication;

     (2) “informed” means that the evaluation facility or designated treatment facility has given the patient all information that is material to the patient’s decision to give or withhold consent, including
          (A) an explanation of the patient’s diagnosis and prognosis, or their predominant symptoms, with and without the medication;

          (B) information about the proposed medication, its purpose, the method of its administration, the recommended ranges of dosages, possible side effects and benefits, ways to treat side effects, and risks of other conditions, such as tardive dyskinesia;

          (C) a review of the patient’s history, including medication history and previous side effects from medication;

          (D) an explanation of interactions with other drugs, including over-the-counter drugs, street drugs, and alcohol;

          (E) information about alternative treatments and their risks, side effects, and benefits, including the risks of nontreatment; and

          (F) a statement describing the patient’s right to give or withhold consent to the administration of psychotropic medications in nonemergency situations, the procedure for withdrawing consent, and notification that a court may override the patient’s refusal;

     (3) “voluntary” means having genuine freedom of choice; a choice may be encouraged and remain voluntary, but consent obtained by using force, threats, or direct or indirect coercion is not voluntary.




Sec. 47.30.838. Psychotropic medication in crisis situations.
 (a) Except as provided in (c) and (d) of this section, an evaluation facility or designated treatment facility may administer psychotropic medication to a patient without the patient’s informed consent, regardless of whether the patient is capable of giving informed consent, only if
     (1) there is a crisis situation, or an impending crisis situation, that requires immediate use of the medication to preserve the life of, or prevent significant physical harm to, the patient or another person, as determined by a licensed physician or a registered or advanced practice registered nurse; the behavior or condition of the patient giving rise to a crisis under this paragraph and the staff’s response to the behavior or condition must be documented in the patient’s medical record; the documentation must include an explanation of alternative responses to the crisis that were considered or attempted by the staff and why those responses were not sufficient; and

     (2) the medication is ordered by a licensed physician; the order
          (A) may be written or oral and may be received by telephone, facsimile machine, or in person;

          (B) may include an initial dosage and may authorize additional, as needed, doses; if additional, as needed, doses are authorized, the order must specify the medication, the quantity of each authorized dose, the method of administering the medication, the maximum frequency of administration, the specific conditions under which the medication may be given, and the maximum amount of medication that may be administered to the patient in a 24-hour period;

          (C) is valid for only 24 hours and may be renewed by a physician for a total of 72 hours, including the initial 24 hours, only after a personal assessment of the patient’s status and a determination that there is still a crisis situation as described in (1) of this subsection; upon renewal of an order under this subparagraph, the facts supporting the renewal shall be written into the patient’s medical record.

 (b) When a patient is no longer in the crisis situation that led to the use of psychotropic medication without consent under (a) of this section, an appropriate health care professional shall discuss the crisis with the patient, including precursors to the crisis, in order to increase the patient’s and the professional’s understanding of the episode and to discuss prevention of future crises. The professional shall seek and consider the patient’s recommendations for managing potential future crises.

 (c) If crisis situations as described in (a)(1) of this section occur repeatedly, or if it appears that they may occur repeatedly, the evaluation facility or designated treatment facility may administer psychotropic medication during no more than three crisis periods without the patient’s informed consent only with court approval under AS 47.30.839.

 (d) An evaluation facility or designated treatment facility may administer psychotropic medication to a patient without the patient’s informed consent if the patient is unable to give informed consent but has authorized the use of psychotropic medication in an advance health care directive properly executed under AS 13.52 or has authorized an agent or surrogate under AS 13.52 to consent to this form of treatment for the patient and the agent or surrogate does consent.




Sec. 47.30.839. Court-ordered administration of medication.
 (a) An evaluation facility or designated treatment facility may use the procedures described in this section to obtain court approval of administration of psychotropic medication if
     (1) there have been, or it appears that there will be, repeated crisis situations as described in AS 47.30.838(a)(1) and the facility wishes to use psychotropic medication in future crisis situations; or

     (2) the facility wishes to use psychotropic medication in a noncrisis situation and has reason to believe the patient is incapable of giving informed consent.

 (b) An evaluation facility or designated treatment facility may seek court approval for administration of psychotropic medication to a patient by filing a petition with the court, requesting a hearing on the capacity of the person to give informed consent.

 (c) A patient who is the subject of a petition under (b) of this section is entitled to an attorney to represent the patient at the hearing. If the patient cannot afford an attorney, the court shall direct the Public Defender Agency to provide an attorney. The court may, upon request of the patient’s attorney, direct the office of public advocacy to provide a guardian ad litem for the patient.

 (d) Upon the filing of a petition under (b) of this section, the court shall direct the office of public advocacy to provide a visitor to assist the court in investigating the issue of whether the patient has the capacity to give or withhold informed consent to the administration of psychotropic medication. The visitor shall gather pertinent information and present it to the court in written or oral form at the hearing. The information must include documentation of the following:
     (1) the patient’s responses to a capacity assessment instrument administered at the request of the visitor;

     (2) any expressed wishes of the patient regarding medication, including wishes that may have been expressed in a power of attorney, a living will, an advance health care directive under AS 13.52, or oral statements of the patient, including conversations with relatives and friends that are significant persons in the patient’s life as those conversations are remembered by the relatives and friends; oral statements of the patient should be accompanied by a description of the circumstances under which the patient made the statements, when possible.

 (e) Within 72 hours after the filing of a petition under (b) of this section, the court shall hold a hearing to determine the patient’s capacity to give or withhold informed consent as described in AS 47.30.837 and the patient’s capacity to give or withhold informed consent at the time of previously expressed wishes regarding medication if previously expressed wishes are documented under (d)(2) of this section. The court shall consider all evidence presented at the hearing, including evidence presented by the guardian ad litem, the petitioner, the visitor, and the patient. The patient’s attorney may cross-examine any witness, including the guardian ad litem and the visitor.

 (f) If the court determines that the patient is competent to provide informed consent, the court shall order the facility to honor the patient’s decision about the use of psychotropic medication.

 (g) If the court determines that the patient is not competent to provide informed consent and, by clear and convincing evidence, was not competent to provide informed consent at the time of previously expressed wishes documented under (d)(2) of this section, the court shall approve the facility’s proposed use of psychotropic medication. The court’s approval under this subsection applies to the patient’s initial period of commitment if the decision is made during that time period. If the decision is made during a period for which the initial commitment has been extended, the court’s approval under this subsection applies to the period for which commitment is extended.

 (h) If an evaluation facility or designated treatment facility wishes to continue the use of psychotropic medication without the patient’s consent during a period of commitment that occurs after the period in which the court’s approval was obtained, the facility shall file a request to continue the medication when it files the petition to continue the patient’s commitment. The court that determines whether commitment shall continue shall also determine whether the patient continues to lack the capacity to give or withhold informed consent by following the procedures described in (b) — (e) of this section. The reports prepared for a previous hearing under (e) of this section are admissible in the hearing held for purposes of this subsection, except that they must be updated by the visitor and the guardian ad litem.

 (i) If a patient for whom a court has approved medication under this section regains competency at any time during the period of the patient’s commitment and gives informed consent to the continuation of medication, the evaluation facility or designated treatment facility shall document the patient’s consent in the patient’s file in writing.




Sec. 47.30.840. Right to privacy and personal possessions; other rights.
 (a) A person undergoing evaluation or treatment under AS 47.30.660 — 47.30.915
     (1) may not be photographed without the person’s consent and that of the person’s guardian if a minor, except that the person may be photographed upon admission to a facility for identification and for administrative purposes of the facility; all photographs shall be confidential and may only be released by the facility to the patient or the patient’s designee unless a court orders otherwise;

     (2) at the time of admission to an evaluation or treatment facility, shall have reasonable precautions taken by the staff to inventory and safeguard the patient’s personal property; a copy of the inventory signed by the staff member making it shall be given to the patient and made available to the patient’s attorney and any other person authorized by the patient to inspect the document;

     (3) shall have access to an individual storage space for the patient’s private use while undergoing evaluation or treatment;

     (4) shall be permitted to wear personal clothing, to keep and use personal possessions including toilet articles if they are not considered unsafe for the patient or other patients who might have access to them, and to keep and be allowed to spend a reasonable sum of the patient’s own money for the patient’s needs and comfort;

     (5) shall be allowed to have visitors at reasonable times;

     (6) shall have ready access to letter writing materials, including stamps, and have the right to send and receive unopened mail;

     (7) shall have reasonable access to a telephone, both to make and receive confidential calls;

     (8) has the right to be free of corporal punishment;

     (9) has the right to reasonable opportunity for indoor and outdoor exercise and recreation;

     (10) has the right, at any time, to have a telephone conversation with or be visited by an attorney;

     (11) may not be retaliated against or subjected to any adverse change of conditions or treatment solely because of assertion of rights under this section.

 (b) The patient’s rights under (a)(4), (5), (7) and (9) of this section may be suspended temporarily, following the initial evaluation period, if the professional person in charge of the patient determines that granting the patient those rights will pose a threat to the safety or well-being of the patient or others.




Sec. 47.30.845. Confidential records.
Information and records obtained in the course of a screening investigation, evaluation, examination, or treatment are confidential and are not public records, except as the requirements of a hearing under AS 47.30.660 — 47.30.915 may necessitate a different procedure. Information and records may be copied and disclosed under regulations established by the department only to
     (1) a physician or a provider of health, mental health, or social and welfare services involved in caring for, treating, or rehabilitating the patient;

     (2) the patient or an individual to whom the patient has given written consent to have information disclosed;

     (3) a person authorized by a court order;

     (4) a person doing research or maintaining health statistics if the anonymity of the patient is assured and the facility recognizes the project as a bona fide research or statistical undertaking;

     (5) the Department of Corrections in a case in which a prisoner confined to the state prison is a patient in the state hospital on authorized transfer either by voluntary admission or by court order;

     (6) a governmental or law enforcement agency when necessary to secure the return of a patient who is on unauthorized absence from a facility where the patient was undergoing evaluation or treatment;

     (7) a law enforcement agency when there is substantiated concern over imminent danger to the community by a presumed mentally ill person;

     (8) the department in a case in which services provided under AS 47.30.660 — 47.30.915 are paid for, in whole or in part, by the department or in which a person has applied for or has received assistance from the department for those services;

     (9) the Department of Public Safety as provided in AS 47.30.907; information provided under this paragraph may not include diagnostic or clinical information regarding a patient.




Sec. 47.30.847. Patients’ grievance procedures.
 (a) A patient has the right to bring grievances about the patient’s treatment, care, or rights to an impartial body within an evaluation facility or designated treatment facility.

 (b) An evaluation facility and a designated treatment facility shall have a formal grievance procedure for patient grievances brought under (a) of this section. The facility shall inform each patient of the existence and contents of the grievance procedure.

 (c) An evaluation facility and a designated treatment facility shall have a designated staff member who is trained in mental health consumer advocacy who will serve as an advocate, upon a patient’s request, to assist the patient in bringing grievances or pursuing other redress for complaints concerning care, treatment, and rights.




Sec. 47.30.850. Sealing records.
Following the discharge of a person from a treatment facility or the issuance of a court order denying a petition for commitment, the person may at any time move to have all court records pertaining to the proceedings sealed on condition that the person file a full release of all claims of whatever nature arising out of the proceedings and the statements and actions of persons and facilities in connection with the proceedings. Upon the filing of the motion and full release, the court shall order the court records sealed.


Sec. 47.30.851. Relief from legal disability.
 (a) A person who is prohibited from possessing a firearm or ammunition under 18 U.S.C. 922(g)(4) as a result of an involuntary commitment or an adjudication of mental illness or mental incompetence that occurred in this state may, at any time, move to be relieved from the disability resulting from an involuntary commitment or an adjudication of mental illness or mental incompetence.

 (b) In ruling on a motion under (a) of this section, the court
     (1) shall consider
          (A) the circumstances of the involuntary commitment or adjudication of mental illness or mental incompetence;

          (B) the time that has elapsed since the involuntary commitment or adjudication of mental illness or mental incompetence;

          (C) the person’s reputation and mental health and criminal history records;

          (D) any conduct by the person that would constitute a crime against a person under AS 11.41 or a violation of AS 11.61.190 — 11.61.250; and

          (E) any changes in the person’s condition or circumstances relevant to the relief sought; and

     (2) shall grant relief from the disability resulting from an involuntary commitment or adjudication of mental illness or mental incompetence if the court finds, by a preponderance of the evidence, that
          (A) the person is unlikely to act in a manner dangerous to self or to public safety; and

          (B) granting the relief is not contrary to the public interest.

 (c) The court shall order a hearing conducted under (b) of this section to be held open or closed to the public at the option of the person.

 (d) A decision to grant or deny relief under this section may be appealed as provided in AS 22.05.010. In reviewing the decision of the superior court, the standard of review may be de novo.




Sec. 47.30.855. Posting of rights.
The rights set out in AS 47.30.817 — 47.30.855 shall be prominently posted in all treatment facilities in places accessible to all patients. A patient who does not understand English shall have the patient rights explained in a language the patient understands.


Sec. 47.30.860. Documents and notices in other languages.
When practicable, all documents and notices required by AS 47.30.660 — 47.30.915 to be served on a respondent, or on the respondent’s parents, guardian or adult designee, shall be explained in a language the person understands if the respondent is not competent in English.


Sec. 47.30.865. Discrimination prohibited.
 (a) The fact that a person is or has been evaluated or treated for mental illness may not be a basis for discrimination in
     (1) seeking employment;

     (2) resuming or continuing professional practice or previous occupation;

     (3) obtaining or retaining housing;

     (4) obtaining or retaining licenses or permits, including but not limited to a motor vehicle license, motor vehicle operator’s and chauffeur’s license, and a professional or occupational license.

 (b) Applications for positions, licenses, and housing may not contain requests for information concerning evaluation or treatment experiences.

 (c) A person may not aid, abet, incite, compel, or coerce the doing of an act forbidden under this section or attempt to do so.




Article 11. Miscellaneous Provisions.


Sec. 47.30.870. Transportation.
When a person is to be involuntarily committed to a facility, the department shall arrange, and is authorized to pay for, the person’s necessary transportation to the designated facility accompanied by appropriate persons and, if necessary, by a peace officer. The department shall pay return transportation of a person, the person’s escorts, and, if necessary, a peace officer, after a determination that the person is not committable, at the end of a commitment period, or at the end of a voluntary stay at a treatment facility following an evaluation conducted in accordance with AS 47.30.715. When advisable, one or more relatives or friends shall be permitted to accompany the person. The department may pay necessary travel, housing, and meal expenses incurred by one relative or friend in accompanying the person if the department determines that the person’s best interests require that the person be accompanied by the relative or friend and the relative or friend is indigent.


Sec. 47.30.875. Residence; nonresident patients; interstate agreements.
 (a) The admission papers of a person who is admitted to a treatment facility under AS 47.30.660 — 47.30.915 must include a statement as to the person’s residence. The department may return a patient who is not a resident of the state to the state of the person’s residence with court approval if the person has been committed. If the state in which the person has residence does not accept the person as a patient, the person shall be treated as a resident of this state under the provisions of AS 47.30.660 — 47.30.915.

 (b) To facilitate the return of nonresident patients the department may enter into a reciprocal agreement or compact with another state providing for the prompt return under appropriate supervision of residents of that state who are mentally ill. A mentally ill resident of this state who has been placed in a facility outside this state may be admitted with the approval of the department to a treatment facility in the state designated by the department. The department may enter into reciprocal agreements or contracts with another state providing for custody, care or treatment, or return of mentally ill residents of this state by the other state and for the custody and care or treatment of mentally ill residents of that state by this state on a reimbursable basis. A resident of this state who has been committed in another state and is returned in accordance with this section shall, within 72 hours of admission to the designated facility, be examined. After examination the mental health professional in charge shall release the person or shall petition for involuntary commitment as prescribed in AS 47.30.740.

 (c) In taking action under (a) and (b) of this section, consideration shall be given to the best interests of the patient, particularly to the relationship of the patient to the patient’s family, legal guardian, or friends to maintain relationships and encourage visits beneficial to the patient.




Sec. 47.30.880. Interstate Compact on Mental Health ratified.
This state ratifies and adopts by reference “The Interstate Compact on Mental Health” consisting of 14 articles approved on September 30, 1955, by the Northeast State Governments Conference on Mental Health. The department is designated as compact administrator with full power to carry out the purpose of the compact and to adopt all necessary regulations to implement the compact.


Sec. 47.30.885. Rights outside state.
Nothing in AS 47.30.660 — 47.30.915 alters or impairs the application or availability to a patient, while hospitalized in another state under contractual arrangements entered in accordance with AS 47.30.660 — 47.30.915, of the rights, remedies, or safeguards provided by the laws of this state.


Sec. 47.30.890. Provision for personal needs upon discharge.
The department shall ensure that
     (1) a patient is not discharged from a treatment facility without suitable clothing; and

     (2) a discharged indigent patient is furnished
          (A) suitable transportation to the patient’s permanent residence in this state or to another suitable place at the discretion of the department; and

          (B) a reasonable amount of money to meet the patient’s immediate needs.




Sec. 47.30.895. Disposition of unclaimed property; recovery of personal property.
 (a) Those unclaimed articles of personal property that are covered by AS 34.45.110 — 34.45.260 and the unclaimed money in the custody of a treatment facility that belong to a patient who dies before discharge, or to a patient who leaves the hospital without authority, if unclaimed by the patient or the legal heirs or representatives of the patient within one year after the patient’s death or departure, shall be disposed of in accordance with AS 34.45.110 — 34.45.780, and the other articles of the patient’s personal property shall be disposed of in the manner prescribed by the department and the proceeds deposited in the general fund.

 (b) If a mentally ill individual has died in a foreign facility and the department desires to recover the patient’s personal property under this section, the commissioner or the commissioner’s designated representative may secure the property and for that purpose only is designated the decedent’s administrator. Property so recovered shall be disposed of as provided by law.




Sec. 47.30.900. Diligent inquiry; personal property delivery and claims.
The department shall make diligent inquiry in every instance after departure without authority or death of a patient, to ascertain the whereabouts of the patient or that of the patient’s legal heirs or representatives, and shall turn over to the proper person the money or articles of personal property in the custody of the facility to the credit of the patient. Claims to the money or articles of personal property, including claims by the state, may be presented to the department at any time. If a claim other than by the state is established by clear and convincing evidence more than one year after the death or departure without authority of a patient, it shall be certified to the legislature for consideration and the legislature may pay the claim.


Sec. 47.30.905. Fees and expenses for judicial proceedings.
 (a) The witnesses, expert witnesses, and the jury in commitment proceedings under AS 47.30.660 — 47.30.915 are entitled to the fees, compensation, and mileage established by the administrative rules of court for other jurors and witnesses. Compensation, mileage, fees, transportation expenses for a respondent, and other expenses arising from evaluation and commitment proceedings shall be audited and allowed by the superior court of the judicial district in which the proceedings are held. To the extent that services of a peace officer are used to carry out the provisions of AS 47.30.660 — 47.30.915, the officer is entitled to fees and actual expenses from the same source and in the same manner as for the officer’s other official duties.

 (b) An attorney appointed for a person under AS 47.30.660 — 47.30.915 shall be compensated for services as follows:
     (1) the person for whom an attorney is appointed shall, if the person is financially able under standards as to financial capability and indigency set by the court, pay the costs of the legal services;

     (2) if the person is indigent under those standards, the costs of the services shall be paid by the state.




Sec. 47.30.907. Report to Department of Public Safety.
 (a) Notwithstanding AS 47.30.845, when a superior court orders the involuntary commitment of a person under AS 47.30.735 — 47.30.755 or when relief from a disability resulting from an involuntary commitment or an adjudication of mental illness or mental incompetence is granted under AS 47.30.851(b), the court shall immediately transmit the following information, if known, to the Department of Public Safety:
     (1) the person’s
          (A) name, date of birth, and address;

          (B) aliases;

          (C) social security number;

          (D) driver’s license or state identification card number;

     (2) the date of the order and whether the order is
          (A) an involuntary commitment; or

          (B) relief from the disability resulting from an involuntary commitment or an adjudication of mental illness or mental incompetence;

     (3) the statutory authority for the involuntary commitment or the disability resulting from an involuntary commitment or an adjudication of mental illness or mental incompetence;

     (4) whether the person was offered an opportunity to be heard and represented by counsel in the involuntary commitment proceeding or adjudication of mental illness or mental incompetence; and

     (5) any other information required by the Department of Public Safety or by the United States Department of Justice for inclusion in the National Instant Criminal Background Check System established under P.L. 103-159, 107 Stat. 1536 (Brady Handgun Violence Prevention Act).

 (b) This section does not apply to initial involuntary commitment procedures, emergency detention for evaluation, or hospitalization for examination under AS 47.30.700 — 47.30.715 if the person is released under AS 47.30.720.




Sec. 47.30.910. Payment of patient expenses.
 (a) A patient, the patient’s spouse, or the patient’s parent if the patient is under 18 years of age shall pay the charges for the care, transportation, and treatment of the patient when the patient is hospitalized under AS 47.30.670 — 47.30.915 at a state-operated facility, an evaluation facility, or a designated treatment facility providing services under AS 47.30.670 — 47.30.915. The patient, the patient’s spouse, or the patient’s parent if the patient is under 18 years of age shall make arrangements with a state-operated facility, an evaluation facility, or a designated treatment facility for payment of charges, including providing income information necessary to determine eligibility for benefits under AS 47.31. Charges assessed for services provided under AS 47.30.670 — 47.30.915 when a patient is hospitalized at a state-operated facility may not exceed the actual cost of care and treatment. The department may, when assessing charges for services provided at a state-operated facility, consider the ability to pay of a patient, a patient’s spouse, or a patient’s parent if the patient is under 18 years of age. In order to impose liability for a patient’s cost of care at a state-operated facility, the department shall issue an order for payment within six months after the date on which the charge was incurred. The order remains in effect unless modified by subsequent court order or department order. The department may not impose liability for a patient’s cost of care at a state-operated facility if the patient would otherwise meet the eligibility criteria, other than location of service, in AS 47.31.010.

 (b) The department, the evaluation facility, or a designated treatment facility shall make reasonable efforts to determine whether the patient, the patient’s spouse, or the patient’s parent if the patient is under 18 years of age has a third-party payor or has the available means to substantially contribute to the payment of charges, or whether the patient is eligible for assistance under AS 47.31.

 (c) If a patient is hospitalized at a state-operated facility and the patient, the patient’s spouse, or the patient’s parent if the patient is under 18 years of age fails to provide to the department information necessary to determine whether there is a third-party payor or available means to substantially contribute to the payment of charges, or whether the patient would, if not hospitalized at a state-operated facility, be eligible for assistance under AS 47.31, the department may issue an administrative order imposing full liability for the patient’s actual cost of care on the patient, the patient’s spouse, or the patient’s parent if the patient is under 18 years of age. The order remains in effect unless modified by subsequent court order or department order.

 (d) If a person who is hospitalized under AS 47.30.670 — 47.30.915 at an evaluation facility or a designated treatment facility cannot pay or substantially contribute to the payment of charges described under this section, the patient may apply for assistance under AS 47.31.

 (e) The department may charge or accept money or property from a person for the care or treatment of a patient at a state-operated facility.

 (f) Money paid by the patient or on the patient’s behalf to the department under this section shall be deposited in the general fund.




Sec. 47.30.915. Definitions.
In AS 47.30.660 — 47.30.915,
     (1) “adjudication of mental illness or mental incompetence” means a court order finding that a person is
          (A) not guilty by reason of insanity or guilty but mentally ill under AS 12.47.040;

          (B) incompetent to stand trial for a criminal offense under AS 12.47.100 — 12.47.120; or

          (C) a danger to self or others, or is gravely disabled because of incapacity, incompetence, mental illness, dementia, or some other cause;

     (2) “commissioner” means the commissioner of health and social services;

     (3) “court” means a superior court of the state;

     (4) “department” means the Department of Health and Social Services;

     (5) “designated treatment facility” or “treatment facility” means a hospital, clinic, institution, center, or other health care facility that has been designated by the department for the treatment or rehabilitation of mentally ill persons under AS 47.30.670 — 47.30.915 but does not include correctional institutions;

     (6) “disability resulting from an involuntary commitment or an adjudication of mental illness or mental incompetence” means the prohibition against the possession of a firearm or ammunition under 18 U.S.C. 922(g)(4) that results from an involuntary commitment or adjudication of mental illness or mental incompetence;

     (7) “evaluation facility” means a health care facility that has been designated or is operated by the department to perform the evaluations described in AS 47.30.660 — 47.30.915, or a medical facility licensed under AS 47.32 or operated by the federal government;

     (8) “evaluation personnel” means mental health professionals designated by the department to conduct evaluations as prescribed in AS 47.30.660 — 47.30.915 who conduct evaluations in places in which no staffed evaluation facility exists;

     (9) “gravely disabled” means a condition in which a person as a result of mental illness
          (A) is in danger of physical harm arising from such complete neglect of basic needs for food, clothing, shelter, or personal safety as to render serious accident, illness, or death highly probable if care by another is not taken; or

          (B) will, if not treated, suffer or continue to suffer severe and abnormal mental, emotional, or physical distress, and this distress is associated with significant impairment of judgment, reason, or behavior causing a substantial deterioration of the person’s previous ability to function independently;

     (10) “inpatient treatment” means care and treatment rendered inside or on the premises of a treatment facility, or a part or unit of a treatment facility, for a continual period of 24 hours or longer;

     (11) “least restrictive alternative” means mental health treatment facilities and conditions of treatment that
          (A) are no more harsh, hazardous, or intrusive than necessary to achieve the treatment objectives of the patient; and

          (B) involve no restrictions on physical movement nor supervised residence or inpatient care except as reasonably necessary for the administration of treatment or the protection of the patient or others from physical injury;

     (12) “likely to cause serious harm” means a person who
          (A) poses a substantial risk of bodily harm to that person’s self, as manifested by recent behavior causing, attempting, or threatening that harm;

          (B) poses a substantial risk of harm to others as manifested by recent behavior causing, attempting, or threatening harm, and is likely in the near future to cause physical injury, physical abuse, or substantial property damage to another person; or

          (C) manifests a current intent to carry out plans of serious harm to that person’s self or another;

     (13) “mental health professional” means a psychiatrist or physician who is licensed by the State Medical Board to practice in this state or is employed by the federal government; a clinical psychologist licensed by the state Board of Psychologist and Psychological Associate Examiners; a psychological associate trained in clinical psychology and licensed by the Board of Psychologist and Psychological Associate Examiners; an advanced practice registered nurse or a registered nurse with a master’s degree in psychiatric nursing, licensed by the State Board of Nursing; a marital and family therapist licensed by the Board of Marital and Family Therapy; a professional counselor licensed by the Board of Professional Counselors; a clinical social worker licensed by the Board of Social Work Examiners; and a person who
          (A) has a master’s degree in the field of mental health;

          (B) has at least 12 months of post-masters working experience in the field of mental illness; and

          (C) is working under the supervision of a type of licensee listed in this paragraph;

     (14) “mental illness” means an organic, mental, or emotional impairment that has substantial adverse effects on an individual’s ability to exercise conscious control of the individual’s actions or ability to perceive reality or to reason or understand; intellectual disability, developmental disability, or both, epilepsy, drug addiction, and alcoholism do not per se constitute mental illness, although persons suffering from these conditions may also be suffering from mental illness;

     (15) “peace officer” includes a state police officer, municipal or other local police officer, state, municipal, or other local health officer, public health nurse, United States marshal or deputy United States marshal, or a person authorized by the court;

     (16) “persons with mental disorders” has the meaning given in AS 47.30.610;

     (17) “professional person in charge” means the senior mental health professional at a facility or that person’s designee; in the absence of a mental health professional it means the chief of staff or a physician designated by the chief of staff;

     (18) “provider of outpatient care” means a mental health professional or hospital, clinic, institution, center, or other health care facility designated by the department to accept for treatment patients who are ordered to undergo involuntary outpatient treatment by the court or who are released early from inpatient commitments on condition that they undergo outpatient treatment;

     (19) “screening investigation” means the investigation and review of facts that have been alleged to warrant emergency examination or treatment, including interviews with the persons making the allegations, any other significant witnesses who can readily be contacted for interviews, and, if possible, the respondent, and an investigation and evaluation of the reliability and credibility of persons providing information or making allegations;

     (20) “state” means a state of the United States, the District of Columbia, the territories and possessions of the United States, and the Commonwealth of Puerto Rico, and, with the approval of the United States Congress, Canada.




Article 12. Personal Declaration of Preference for Mental Health Treatment.


Secs. 47.30.950 — 47.30.980. Personal Declaration of Preference for Mental Health Treatment. [Repealed, § 15 ch 83 SLA 2004. For current law, see AS 13.52.]

Chapter 31. Mental Health Treatment Assistance Program.

Sec. 47.31.005. Applicability.
This chapter applies only to those patients who have received evaluation or treatment at an evaluation facility or a designated treatment facility that is not a state-operated hospital.


Sec. 47.31.010. Eligibility for assistance.
 (a) The department shall provide financial assistance under this chapter to a patient who
     (1) does not have the available means to pay or substantially contribute to the payment of charges assessed by a facility;

     (2) has no other third party to pay for the evaluation or treatment provided under AS 47.30; and

     (3) meets the criteria in this chapter.

 (b) To be eligible for assistance under this chapter, a patient must have
     (1) been admitted for inpatient evaluation or treatment at an evaluation facility or a designated treatment facility other than a state-operated hospital after either
          (A) an involuntary commitment under AS 47.30.700 — 47.30.915; or

          (B) a voluntary admission chosen by the patient after a determination by the patient’s treating physician that the patient meets the involuntary commitment criteria in AS 47.30.700 — 47.30.915 and that involuntary commitment proceedings would be initiated if the patient did not choose to be admitted voluntarily; and

     (2) a gross monthly household income that does not exceed 185 percent of the federal poverty guideline for this state for the calendar month in which service was provided.




Sec. 47.31.015. Application for assistance.
 (a) To receive assistance under this chapter, a patient or a patient’s legal representative must apply in writing on a form provided by the department. A patient must apply for assistance within 180 days after the date of discharge from the facility.

 (b) A patient is considered to have applied for assistance under (a) of this section if the evaluation facility or designated treatment facility notifies the department on a form provided by the department that there is good cause to believe that the patient would be eligible for assistance under this chapter and
     (1) the patient, the patient’s spouse, or the patient’s parent if the patient is under 18 years of age failed within 150 days after the date of discharge from the facility to make arrangements to pay the evaluation facility or designated treatment facility; or

     (2) the patient lacks the mental capacity to apply for benefits under this chapter.

 (c) A patient who applies or is considered to have applied for assistance under this chapter, the patient’s spouse, the patient’s parent if the patient is under 18 years of age, or a person in the patient’s household shall release records and information to the department necessary to verify eligibility for the assistance.

 (d) If a patient, the patient’s spouse, the patient’s parent if the patient is under 18 years of age, or a person in the patient’s household fails to provide records and information to the department necessary to verify eligibility, the department may issue an administrative order imposing full liability for the patient’s cost of care and treatment to the evaluation facility or designated treatment facility.




Sec. 47.31.020. Decision on eligibility.
 (a) Within 30 days after receiving a complete application, the department shall give notice in writing of an eligibility determination to the patient or the patient’s legal representative. If the patient is found ineligible, the notice must contain the reason for the denial and an explanation of the patient’s right to an administrative appeal of the denial.

 (b) The department shall provide a copy of the notice of eligibility or ineligibility to the facility at which the patient was treated.




Sec. 47.31.025. Eligible services; rates.
The department shall identify the type and level of services for which assistance is available under this chapter. An evaluation facility or a designated treatment facility shall be reimbursed at a rate established by the department that is equivalent to the Medicaid rate for that facility at the time service was rendered as determined under AS 47.07.070.


Sec. 47.31.030. Payment.
If the department determines that a patient is eligible for assistance under this chapter, the department shall provide for payment of assistance directly to the facility. By endorsing the check received from the department or authorizing the endorsement by the facility’s agent, the facility certifies that the claim for which the check is payment is true and accurate unless written notice of an error is sent to the department by the facility within 30 days after the date the check is presented by the facility for payment.


Sec. 47.31.032. Access to records and information by the department.
The department is authorized to review, obtain, and copy confidential and other records and information about the patients who were eligible for or were provided financial assistance under this chapter to evaluate compliance with this chapter. The department may obtain the records and information from the patient or directly from the evaluation facility or the designated treatment facility. Records obtained by the department under this section are medical records, shall be handled confidentially, and are exempt from public inspection and copying under AS 40.25.110 — 40.25.120.


Sec. 47.31.035. Appeals.
 (a) A patient or the patient’s legal representative may appeal a denial of assistance by sending written notice of objection to the department within 30 days after the date of the notice of denial. The written notice of objection must include an explanation of the reasons for the objection and may include documentation supporting the objection. AS 44.62 (Administrative Procedure Act) does not apply to the appeal.

 (b) The commissioner or the commissioner’s designee shall review the notice of objection and issue a decision within 90 days after its receipt. The commissioner or the commissioner’s designee may request additional information on the appeal from either the patient, the evaluation facility or designated treatment facility, or department staff. A request for additional information suspends the time period for the appeal until the department determines that the additional information has been received. If more than 180 days have passed from the date of submission of a notice of appeal and the additional information requested by the commissioner or the commissioner’s designee has not been received from a patient, the evaluation facility, the designated treatment facility, or the department, the appeal shall be considered denied.

 (c) The decision on the appeal under (b) of this section, including an appeal denied for failure to submit additional information, is a final agency decision and may be appealed to the superior court under the Alaska Rules of Appellate Procedure.




Sec. 47.31.090. Regulations.
The department shall, after consultation with the Alaska Mental Health Trust Authority, adopt regulations to interpret or implement this chapter.


Sec. 47.31.100. Definitions.
In this chapter, unless the context otherwise requires,
     (1) “commissioner” means the commissioner of health and social services;

     (2) “department” means the Department of Health and Social Services;

     (3) “designated treatment facility” has the meaning given in AS 47.30.915;

     (4) “evaluation facility” means a health care facility that has been designated by the department to perform the evaluations described in AS 47.30.670 — 47.30.915, including a facility licensed under AS 47.32 or operated by the federal government;

     (5) “gross monthly household income” means all earned or unearned income from any source of a member of the patient’s household;

     (6) “household” means a patient and each person
          (A) residing with the patient; and

          (B) related to the patient by marriage or other legal relationship giving rise to a duty of support and maintenance;

     (7) “mental illness” has the meaning given in AS 47.30.915.




Chapter 32. Centralized Licensing and Related Administrative Procedures.

Sec. 47.32.010. Purpose and applicability.
 (a) The purpose of this chapter is to establish centralized licensing and related administrative procedures for the delivery of services in this state by the entities listed in (b) of this section. These procedures are intended to promote safe and appropriate services by setting standards for licensure that will reduce predictable risk; improve quality of care; foster individual and patient rights; and otherwise advance public health, safety, and welfare.

 (b) This chapter and regulations adopted under this chapter apply to the following entities:
     (1) ambulatory surgical centers;

     (2) assisted living homes;

     (3) child care facilities;

     (4) child placement agencies;

     (5) foster homes;

     (6) free-standing birth centers;

     (7) home health agencies;

     (8) hospices, or agencies providing hospice services or operating hospice programs;

     (9) hospitals;

     (10) intermediate care facilities for individuals with an intellectual disability or related condition;

     (11) maternity homes;

     (12) nursing facilities;

     (13) residential child care facilities;

     (14) residential psychiatric treatment centers;

     (15) runaway shelters.

     (16) rural health clinics;

 (c) The provisions of AS 47.05.300 — 47.05.390, regarding criminal history, criminal history checks, criminal history use standards, and a centralized registry, apply to entities listed in (b) of this section, as provided in AS 47.05.300.




Sec. 47.32.020. Requirement to obtain a license; exemption.
 (a) An entity may not operate a facility described in AS 47.32.010(b) without first obtaining a license under this chapter unless the entity is exempt under regulations adopted under AS 47.32.030.

 (b) If an entity encompasses more than one type of activity listed in AS 47.32.010(b), the entity shall apply for and receive a separate license under this chapter before operating that type of activity unless exempt under regulations adopted under AS 47.32.030 or is exempt under (c) of this section.

 (c) If a nonprofit organization operates a program that assists parents to find temporary care for a child, the nonprofit organization is exempt from the licensing and other requirements of this chapter when operating the program.




Sec. 47.32.030. Powers of the department; delegation to municipality.
 (a) The department may
     (1) administer and enforce the provisions of this chapter;

     (2) coordinate and develop policies, programs, and planning related to licensure and operation of entities listed in AS 47.32.010(b) as defined by regulation;

     (3) adopt regulations necessary to carry out the purposes of this chapter, including regulations that
          (A) establish fees for licensing of each type of entity listed in AS 47.32.010(b);

          (B) impose requirements for licensure, including standards for license renewal, that are in addition to the requirements of this chapter or of any other applicable state or federal statute or regulation;

          (C) impose requirements and standards on licensed entities that are in addition to those imposed by this chapter or by any other applicable state or federal statute or regulation, including
               (i) requirements and standards necessary for an entity or the state to receive money from the department from any source, including federal money;

               (ii) record-keeping requirements;

               (iii) reporting requirements; and

               (iv) requirements and standards regarding health, safety, and sanitation;

          (D) provide for waivers, variances, and exemptions from the requirements of this chapter, including the requirement to obtain a license, if the department finds it necessary for the efficient administration of this chapter; and

          (E) establish requirements for the operation of entities licensed under this chapter;

     (4) investigate
          (A) entities described in AS 47.32.010(b);

          (B) applicants for licensure, including individuals named in an application; and

          (C) other persons that the department has reason to believe are operating an entity required to be licensed under this chapter, or are residing or working in an entity for which licensure has been sought under this chapter; this subparagraph does not apply to persons receiving services from an entity for which licensure has been sought under this chapter;

     (5) inspect and monitor licensed entities for compliance with this chapter, regulations adopted under this chapter, and any other applicable statutes or regulations;

     (6) enter into contracts and agreements necessary to carry out the functions, powers, and duties of the department under this chapter;

     (7) enter into agreements with private entities, municipalities, and individuals to investigate and make recommendations to the department regarding the licensure and monitoring of entities under this chapter;

     (8) require an individual who is or will be operating an entity to complete training related to the operation of the entity;

     (9) waive the application requirements for an entity seeking licensure if the entity submits documentation verifying that it
          (A) has a license issued by an organization or other agency that has licensing authority under state or federal law if the standards for that licensure are approved by the department under this chapter or regulations adopted under this chapter;

          (B) has accreditation from a nationally recognized organization if the standards for that accreditation are equal to or more stringent than the standards for licensure under this chapter or regulations adopted under this chapter; or

          (C) is an entity that federal law does not require to be licensed.

 (b) The department shall delegate the department’s authority to regulate child care facilities to a municipality that has adopted an ordinance providing for child care licensing under home rule powers under AS 29.10.010 or as authorized under AS 29.35.200 — 29.35.210. The department shall make the delegation described in this subsection within 90 days after receiving a written request from the municipality to delegate the authority. A municipality receiving a delegation under this subsection may adopt additional requirements for child care facilities operating within the boundaries of the municipality if the requirements meet or exceed the requirements under state law.

 (c) The issuance of a license by the department does not obligate the department to place or maintain an individual in an entity or through an entity, or to provide financial support to an entity.




Sec. 47.32.032. Foster care license; variance.
 (a) The department shall streamline the application and licensing paperwork necessary for a person to be approved as a foster parent or relative placement to the extent consistent with federal law.

 (b) The department shall approve a variance of the applicable building code requirements for licensure of a foster care home to the extent permitted by federal law if an applicant does not meet the requirements at the time of inspection and
     (1) the home design and construction is consistent with homes located in the community; and

     (2) the home is otherwise a safe environment for a child.




Sec. 47.32.040. Application for license.
A person shall apply to the department for a license under this chapter. The application must be made to the department on a form provided by the department or in a format approved by the department, and must be accompanied by
     (1) any fee established by regulation; and

     (2) documents and information required by regulation.




Sec. 47.32.050. Provisional license; biennial license.
 (a) The department may issue a provisional license to an entity for which application is made under AS 47.32.040 if, after inspection and investigation, the department determines that the application and the entity meet the requirements of this chapter, regulations adopted under this chapter, and any other applicable statutes or regulations. A provisional license is valid for a period not to exceed one year, except that the department may extend a provisional license for one additional period not to exceed one year.

 (b) Before expiration of a provisional license issued under (a) of this section, the department shall inspect and investigate the entity to determine whether the entity is operating in compliance with this chapter, regulations adopted under this chapter, and any other applicable statutes or regulations. After inspection and investigation under this subsection and before expiration of a provisional license, the department shall issue a biennial license for the entity if the department finds that
     (1) the entity meets the requirements for biennial licensure established in this chapter, regulations adopted under this chapter, and other applicable statutes and regulations;

     (2) a ground for nonrenewal of a license does not exist; and

     (3) any applicable fee has been paid.

 (c) The department may place one or more conditions on a provisional or biennial license issued under this section in order to further the purposes of this chapter.




Sec. 47.32.060. License renewal.
 (a) At least 90 days before expiration of a biennial license, a licensed entity that intends to remain licensed shall submit an application for renewal of the license on a form provided by the department or in a format approved by the department, accompanied by
     (1) all documents and information identified in regulation as being required for renewal of the license; and

     (2) any fee established by regulation.

 (b) Before expiration of a biennial license, the department or its representative may inspect an entity that is the subject of a renewal application to determine whether the entity is operating in compliance with this chapter, regulations adopted under this chapter, and other applicable statutes or regulations. After any inspection and investigation under this subsection and before expiration of the biennial license, the department shall renew a biennial license if the department finds that
     (1) the licensed entity meets the requirements for renewal;

     (2) a ground for nonrenewal of a license does not exist; and

     (3) any applicable fee has been paid.

 (c) If an application for renewal of a license is submitted but the department is unable to complete its review of the application before the expiration of the biennial license, the license is automatically extended for six months or until the department completes its review and either approves or denies the application, whichever occurs earlier.

 (d) The department may place one or more conditions on a renewed license issued under this section to further the purposes of this section.

 (e) The department shall adopt regulations establishing the grounds for nonrenewal of a license for purposes of AS 47.32.050 and this section.




Sec. 47.32.070. Notice of denial or conditions; appeal.
 (a) If the department denies an application for or places conditions on a provisional or biennial license or license renewal, the department shall provide the applicant or entity with a notice of the action by certified mail. The notice must contain a written statement of the reason for the action and information about requesting a hearing under (b) of this section.

 (b) An applicant or entity that receives a notice of action under (a) of this section may appeal the department’s decision by requesting a hearing within 15 days after receipt of the notice. The appeal must be on a form provided by the department or in a format approved by the department.




Sec. 47.32.080. Posting; license not transferable.
 (a) A license issued under this chapter shall be posted in a conspicuous place on the licensed premises. Any notice of a variance issued by the department shall be posted near the license.

 (b) A license issued under this chapter is not transferable unless authorized by the department.




Sec. 47.32.090. Complaints; investigation; retaliation.
 (a) A person who believes that an entity has violated an applicable statute or regulation or a condition of a license issued under this chapter may file a verbal or written complaint with the department.

 (b) The department may investigate a complaint filed under this section. The department may decline to investigate a complaint if the department reasonably concludes and documents that the complaint is without merit based on information available to the department at the time of the complaint. The department may consolidate complaints if the department concludes that a single investigation would further the efficient administration of this chapter.

 (c) A licensed entity may not take retaliatory action against a person who files a complaint. Except as provided in AS 47.05.350 and AS 47.32.160, a complainant against whom a retaliatory action has been taken may recover treble damages in a civil action upon a showing that the action was taken in retaliation for the filing of a complaint.




Sec. 47.32.100. Cooperation with investigation.
An entity shall cooperate with an investigation initiated by the department. An investigated entity shall
     (1) permit representatives of the department to inspect the entity; review records, including files of individuals who received services from the entity; interview staff; and interview individuals receiving services from the entity; and

     (2) upon request, provide the department with information and documentation regarding compliance with applicable statutes and regulations.




Sec. 47.32.110. Right of access and inspection.
 (a) A designated agent or employee of the department shall have right of access to an entity
     (1) to determine whether an application for licensure or renewal is appropriate;

     (2) to conduct a complaint investigation;

     (3) to conduct a standard inspection;

     (4) to inspect documents, including personnel records, accounts, the building, or the premises;

     (5) to interview staff or residents; or

     (6) if the department has reasonable cause to believe that the entity is operating in violation of this chapter or the regulations adopted under this chapter.

 (b) If an entity denies access, the department may petition the court for an order permitting access, or the department may seek to revoke the entity’s license under AS 47.32.140.

 (c) Upon petition of the department and after a hearing held upon reasonable notice to the entity, the court shall issue an order to an officer or employee of the department authorizing the officer or employee to enter for any of the purposes described in (a) of this section.




Sec. 47.32.120. Report.
 (a) Within 10 working days after completing an investigation or inspection under AS 47.32.090 — 47.32.110, the department shall prepare a report of the results of the investigation or inspection and mail a copy of the report to the entity. The report shall include a description of
     (1) any violation, including a citation to each statute or regulation that has been violated; and

     (2) any enforcement action the department intends to take under AS 47.32.130 or 47.32.140.

 (b) An entity that receives a copy of a report under this section may submit a written response to the report to the department. The department may require an entity to submit a response to a report received under this section.

 (c) Within 14 days after the entity receives a copy of the report under this section, upon request of the complainant, the department shall provide a copy of the report to the complainant.




Sec. 47.32.130. Enforcement action: immediate revocation or suspension.
 (a) If the department’s report of investigation or inspection under AS 47.32.120 concludes that the department has reasonable cause to believe that a violation of an applicable statute or regulation has occurred that presents an immediate danger to the health, safety, or welfare of an individual receiving services from the entity, the department, without an administrative hearing and without providing an opportunity to cure or correct the violation, may immediately revoke or suspend the entity’s license or, if the entity is not licensed under this chapter, may revoke the entity’s ability to become licensed under this chapter or to provide services as an entity exempted under this chapter. A suspension or revocation under this subsection takes effect immediately upon initial notice to the entity from the department, is in addition to any enforcement action under AS 47.32.140, and continues until a final determination under (c) of this section or AS 47.32.150.

 (b) Notice under this section shall be provided as follows:
     (1) the department shall provide initial notice to the entity at the time the department determines that an immediate suspension or revocation is required; initial notice may be oral, except that, if an entity representative is not present at the entity, the department shall post written notice on the front door of the entity; the initial notice must provide information regarding the entity’s appeal rights;

     (2) the department shall provide formal written notice to the entity within 14 working days after the immediate revocation or suspension decision; formal written notice must include
          (A) a copy of the department’s report under AS 47.32.120, a statement of the entity’s right to submit a written response to the report, and any department requirement that the entity submit a written response to the report;

          (B) a description of any enforcement action the department intends to take under AS 47.32.140(d) or (f); and

          (C) information regarding the entity’s appeal rights.

 (c) An entity to which a notice has been provided under this section may appeal the department’s decision to impose the enforcement action, including an enforcement action the department intends to take under AS 47.32.140(d) or (f), by filing a written request for a hearing, on a form provided by the department, within 15 days after receipt of the notice. If a hearing is not timely requested under this subsection, the department’s notice constitutes a final administrative order for which the department may seek the court’s assistance in enforcing.




Sec. 47.32.140. Enforcement actions.
 (a) If the department’s report of investigation or inspection under AS 47.32.120 concludes that the department has reasonable cause to believe that a violation of an applicable statute or regulation has occurred, the department shall provide notice to the entity of the violation and an opportunity to cure the violation within a reasonable time specified by the department. The notice must include a copy of the department’s report under AS 47.32.120, a statement that the entity may submit a written response to the report, any department requirement that the entity submit a written response to the report, a description of any enforcement action the department intends to take under (d) or (f) of this section, and information regarding the entity’s appeal rights.

 (b) An entity receiving a notice under (a) of this section, or a notice under AS 47.32.130(b)(2) that contains the information specified in AS 47.32.130(b)(2)(B), shall submit a plan of correction to the department for approval. Once it has cured its violations, the entity shall submit to the department an allegation of compliance. Upon receipt of the allegation of compliance, the department may conduct a follow-up investigation or inspection to determine compliance. The department may take one or more enforcement actions under (d) and (f) of this section regardless of whether the entity achieves compliance under this subsection.

 (c) If the department believes that an entity has not voluntarily corrected the violation or entered into a plan of correction with the approval of the department, the department may require that the entity participate in a plan of correction under regulations of the department. Once the entity has cured its violations, it shall submit to the department an allegation of compliance. Upon receipt of the allegation of compliance, the department may conduct a follow-up investigation or inspection to determine compliance. The department may take one or more enforcement actions under (d) and (f) of this section regardless of whether the entity achieves compliance under this subsection.

 (d) The department may take one or more of the following enforcement actions under this section:
     (1) delivery of a warning notice to the licensed entity and to any additional person who was the subject of the investigation or inspection;

     (2) modification of the term or scope of the entity’s existing license, including changing a biennial license to a provisional license or adding a condition to the license;

     (3) suspension of the entity’s operations for a period of time set by the department;

     (4) suspension of or a ban on the entity’s provision of services to individuals not already receiving services from the entity for a period of time set by the department;

     (5) nonrenewal of the entity’s license;

     (6) revocation of the entity’s license or, if the entity is not licensed under this chapter, revocation of the entity’s ability to become licensed under this chapter;

     (7) issuance of an order requiring closure, immediate or otherwise, of the entity regardless of whether the entity is licensed or unlicensed;

     (8) denial of payments under AS 47.07 for the entity’s provision of services to an individual not already receiving services from the entity;

     (9) assumption of either temporary or permanent management of the entity or pursuit of a court-ordered receiver for the entity;

     (10) reduction of the number of individuals receiving services from the entity under the license;

     (11) imposition of a penalty authorized under law;

     (12) inclusion in the registry established under AS 47.05.330;

     (13) requirement that the entity prepare and submit a plan of correction.

 (e) The department may not take action under (d)(9) of this section unless the commissioner has reasonable cause to believe that continued management by the entity while the entity is attempting to cure a violation would be injurious to the health, safety, or welfare of an individual who is receiving a service from the entity.

 (f) In addition to any other enforcement actions the department may take under this section, the department may assess a civil fine against an entity for a violation of an applicable statute or regulation, taking into account the type and size of the entity and the type and severity of the violation. A fine assessed under this subsection may not exceed $2,500 a day for each day of violation for a continuing violation or $25,000 for a single violation.

 (g) An entity to which a notice has been provided under this section regarding an enforcement action under (d) or (f) of this section may appeal the department’s decision to impose the enforcement action by filing a written request for a hearing, on a form provided by the department, within 15 days after receipt of the notice of the enforcement action.

 (h) An enforcement action under (d) or (f) of this section may not be imposed until
     (1) the time period for requesting a hearing under AS 47.32.130(c) or under (g) of this section, as applicable, has passed without a hearing being requested; or

     (2) a final agency decision has been issued following a hearing requested under AS 47.32.130(c) or under (g) of this section, as applicable.

 (i) If a hearing is not timely requested under AS 47.32.130(c) or under (g) of this section, as applicable, the department’s notice regarding an enforcement action under (d) or (f) of this section constitutes a final administrative order. The department may seek the court’s assistance in enforcing the final administrative order.

 (j) An entity against which an enforcement action under (d) or (f) of this section has been taken may not apply for a license or license renewal until after the time period set by the department in its final administrative order under AS 47.32.130(c), this section, or AS 47.32.150, as applicable. If a time period has not been set, a final administrative order against the entity has the effect of a permanent revocation, and the entity may not apply for a license or license renewal. If the ownership, control, or management of an entity changes, the department may allow the entity to seek licensure if the entity submits documents showing the change.

 (k) Assessment of a civil fine under this section does not preclude imposition of a criminal penalty under AS 47.32.170.




Sec. 47.32.150. Hearings.
 (a) Upon receipt of a timely request for a hearing by an entity regarding an enforcement action under AS 47.32.130(a) or 47.32.140(d)(3), (5), (6), (7), or (9), the department shall request the chief administrative law judge appointed under AS 44.64.020 to appoint an administrative law judge employed or retained by the office of administrative hearings to preside over a hearing conducted under this section. AS 44.62.330 — 44.62.630 and AS 44.64.060 apply to the hearing.

 (b) Upon receipt of a timely request for a hearing by an entity regarding an enforcement action under AS 47.32.070 or 47.32.140(d)(1), (2), (4), (8), (10), (11), (12), or (13), the department shall conduct a hearing in front of an officer appointed by the commissioner. A hearing under this subsection may be conducted on the record, in an informal manner, and may not be conducted under AS 44.62 or AS 44.64. The appointed hearing officer may be a state employee.

 (c) The decision following a hearing conducted under (a) or (b) of this section constitutes a final agency administrative order.

 (d) A hearing conducted under this section shall take place within 120 days after the department’s receipt of the request for hearing. A hearing may be held on an expedited basis upon a showing of good cause. An expedited hearing shall be held within 60 days after the department’s receipt of the request for a hearing.




Sec. 47.32.160. Immunity.
 (a) The department, its employees, and its agents are not liable for civil damages as a result of an act or omission in the licensure process, the monitoring of a licensed entity, or any activities under this chapter.

 (b) A volunteer who works for a hospice program licensed under this chapter is not liable for damages for personal injury, wrongful death, or property damage for an act or omission committed in the course of hospice-related duties unless the act or omission constitutes gross negligence, recklessness, or intentional misconduct.




Sec. 47.32.170. Criminal penalty.
A person who intentionally or with criminal negligence violates a provision of this chapter or a regulation adopted under this chapter related to the health and safety of persons served by an entity required to comply with this chapter is guilty of a class B misdemeanor.


Sec. 47.32.180. Confidentiality; release of certain information.
 (a) Except as otherwise provided by law, the following are confidential and may not be disclosed to the public without a court order: complaints; investigations; inspections; records related to a complaint, investigation, or inspection; and the identity of a complainant and of individuals receiving services from an entity.

 (b) With the exception of information that identifies a complainant or a recipient of services from an entity, a copy of the department’s report of investigation or inspection under AS 47.32.120, an entity’s written response to the report, and information regarding any department imposition of an enforcement action under AS 47.32.130 or 47.32.140 are public records under AS 40.25.100 — 40.25.295. The department shall make this information available to the public for inspection and copying within time frames specified in AS 40.25.100 — 40.25.295 or regulations adopted under AS 40.25.100 — 40.25.295 after the
     (1) entity receives its copy of the report of investigation under AS 47.32.120, if the department has determined that an enforcement action under AS 47.32.130 or 47.32.140 will not be taken regarding the entity;

     (2) department’s notice of enforcement action under AS 47.32.130 or 47.32.140 becomes a final administrative order without a hearing under AS 47.32.130(c) or 47.32.140(i); or

     (3) issuance of a decision following a hearing under AS 47.32.150.




Sec. 47.32.190. Access to information.
Notwithstanding any contrary provision of law, the divisions of the department assigned public health and public assistance functions shall have access to any information compiled or retained by other divisions within the department, regardless of the nature of the information or whether the information is considered confidential, in order to assist in administering the provisions of this chapter.


Sec. 47.32.200. Notices required of entities.
 (a) An entity shall provide the department with written notice of a change of mailing address at least 14 days before the effective date of the change.

 (b) An entity shall notify the department within 24 hours after having knowledge that an administrator, employee, volunteer, or household member, as required by the type of entity under department regulations, has been
     (1) convicted of, has been charged by information or complaint with, or is under indictment or presentment for an offense listed in regulations adopted under AS 47.05.310 or a law or ordinance of this or another jurisdiction with similar elements; or

     (2) found to have neglected or abused a child as described in AS 47.10.

 (c) An entity shall notify the department within 24 hours after having knowledge of any allegation or suspicion of abuse, neglect, or misappropriation of money or other property of an individual receiving services from the entity. The entity shall conduct an investigation and make a written report to the department within five days following notification to the department under this subsection.

 (d) Not less than 20 days before the effective date of a decision to relinquish the entity’s license, the entity shall notify the department of the decision.

 (e) Not more than one day after signing a contract for sale of the licensed entity, the entity shall notify the department of the sale.

 (f) Not less than 30 days before an entity wishes to change the location of the entity, the entity shall notify the department of the change.




Sec. 47.32.900. Definitions.
In this chapter,
     (1) “ambulatory surgical center” means a facility that
          (A) is not a part of a hospital or a physician’s general medical practice; and

          (B) operates primarily for the purpose of providing surgical services to patients who do not require hospitalization;

     (2) “assisted living home”
          (A) means a residential facility that serves three or more adults who are not related to the owner by blood or marriage, or that receives state or federal payment for services regardless of the number of adults served; the department shall consider a facility to be an assisted living home if the facility
               (i) provides housing and food services to its residents;

               (ii) offers to provide or obtain for its residents assistance with activities of daily living;

               (iii) offers personal assistance as defined in AS 47.33.990; or

               (iv) provides or offers any combination of these services;

          (B) does not include
               (i) a correctional facility;

               (ii) an emergency shelter;

               (iii) a program licensed under AS 47.10.310 for runaway minors;

               (iv) a type of entity listed in AS 47.32.010(b)(5), (8), (9), (10), (11), or (12);

     (3) “child placement agency” means an agency that arranges for placement of a child
          (A) in a foster home, residential child care facility, or adoptive home; or

          (B) for guardianship purposes;

     (4) “commissioner” means the commissioner of health and social services;

     (5) “department” means the Department of Health and Social Services;

     (6) “entity” means an entity listed in AS 47.32.010(b);

     (7) “foster home” means a place where the adult head of household provides 24-hour care on a continuing basis to one or more children who are apart from their parents;

     (8) “free-standing birth center” means a facility that is not a part of a hospital and that provides a birth service to maternal clients;

     (9) “frontier extended stay clinic” means a rural health clinic that is authorized to provide 24-hour care to one or more individuals;

     (10) “home health agency” means a public agency or private organization, or a subdivision of a public agency or private organization, that primarily engages in providing skilled nursing services in combination with physical therapy, occupational therapy, speech therapy, or services provided by a home health aide to an individual in the individual’s home, an assisted living home, or another residential setting; in this paragraph,
          (A) “public agency” means an agency operated by the state or a local government;

          (B) “subdivision” means a component of a multi-function facility or home health agency, such as the home health care division of a hospital or the division of a public agency, that independently meets the requirements for licensure as a home health agency;

     (11) “hospice” or “agency providing hospice services or operating hospice programs” means a program that provides hospice services;

     (12) “hospice services” means a range of interdisciplinary palliative and supportive services
          (A) provided in a home or at an inpatient facility to persons who are terminally ill and to those persons’ families in order to meet their physical, psychological, social, emotional, and spiritual needs; and

          (B) based on hospice philosophy; for purposes of this subparagraph, “hospice philosophy” means a philosophy that is life affirming, recognizes dying as a normal process of living, focuses on maintaining the quality of remaining life, neither hastens nor postpones death, strengthens the client’s role in making informed decisions about care, and stresses the delivery of services in the least restrictive setting possible and with the least amount of technology necessary by volunteers and professionals who are trained to help a client with the physical, social, psychological, spiritual, and emotional issues related to terminal illness so that the client can feel better prepared for the death that is to come;

     (13) “hospital” means a public or private institution or establishment devoted primarily to providing diagnosis, treatment, or care over a continuous period of 24 hours each day for two or more unrelated individuals suffering from illness, physical or mental disease, injury or deformity, or any other condition for which medical or surgical services would be appropriate; “hospital” does not include a frontier extended stay clinic;

     (14) “intermediate care facility for individuals with an intellectual disability or related condition” has the meaning given in 42 C.F.R. 440.150;

     (15) “licensed entity” means an entity that has a license issued under this chapter;

     (16) “maternity home” means a place of residence the primary function of which is to give care, with or without compensation, to pregnant individuals, regardless of age, or that provides care, as needed, to mothers and their newborn infants;

     (17) “nursing facility” means a facility that is primarily engaged in providing skilled nursing care or rehabilitative services and related services for those who, because of their mental or physical condition, require care and services above the level of room and board; “nursing facility” does not include a facility that is primarily for the care and treatment of mental diseases;

     (18) “residential child care facility” means a place, staffed by employees, where one or more children who are apart from their parents receive 24-hour care on a continuing basis;

     (19) “residential psychiatric treatment center” means a secure or semi-secure facility, or an inpatient program in another facility, that provides, under the direction of a physician, psychiatric diagnostic, evaluation, and treatment services on a 24-hour-a-day basis to children with severe emotional or behavioral disorders;

     (20) “runaway shelter” means a facility housing a runaway child;

     (21) “rural health clinic”
          (A) means a facility or clinic that is authorized to provide health care services and is located in a rural area;

          (B) includes a frontier extended stay clinic;

          (C) does not include a rehabilitation agency or a facility primarily for the care and treatment of mental diseases.




Article 1. Scope; Services; Operations.


Chapter 33. Assisted Living Homes.

Sec. 47.33.005. Purpose.
The purpose of this chapter is to
     (1) contribute to the development of a system of care by encouraging the establishment of assisted living homes that provide a homelike environment for elderly persons and persons with a mental or physical disability who need assistance with the activities of daily living;

     (2) promote the establishment of homes that help
          (A) the elderly to age in place; and

          (B) adults with a physical or mental disability to become integrated into the community and to reach their highest level of functioning;

     (3) establish standards that will protect residents of assisted living homes, while at the same time promoting an environment that will encourage resident growth and independence, without discouraging the establishment and continued operation of those homes;

     (4) require that a resident of an assisted living home have an assisted living plan that identifies the services that will be used to meet the resident’s reasonable wants and needs; and

     (5) provide a resident of an assisted living home, or the resident’s representative, with the opportunity to participate to the fullest extent possible in the design and implementation of the resident’s assisted living plan and in any decisions involving the resident’s care.




Sec. 47.33.010. Applicability.
 (a) Except as provided in (b) of this section, this chapter applies to assisted living homes, as defined in AS 47.32.900.

 (b) Notwithstanding (a) of this section, this chapter does not apply to
     (1) a correctional facility;

     (2) a facility for treatment of alcoholism that is regulated under AS 47.37;

     (3) an emergency shelter;

     (4) a medical facility, including a nursing home, licensed under AS 47.32;

     (5) a program for runaway minors licensed under AS 47.10.310; or

     (6) a maternity home licensed under AS 47.32.




Sec. 47.33.020. Health-related services allowed in assisted living homes.
 (a) This chapter does not prohibit the resident of an assisted living home from self-administering the resident’s own medications, unless the resident’s assisted living plan specifically provides otherwise.

 (b) An assisted living home may provide, obtain, or offer to provide or obtain the health-related services described in (c) — (i) of this section. A service under (c) — (i) of this section may only be provided or obtained in addition to, and as a supplemental service to, the long-term provision by the home to the resident of assistance with the activities of daily living or personal assistance.

 (c) If self-administration of medications is included in a resident’s assisted living plan, the assisted living home may supervise the resident’s self-administration of medications, notwithstanding a limitation imposed by AS 08 or by a regulation adopted under AS 08. The supervision may be performed by any home staff person and may include
     (1) reminding a resident to take medication;

     (2) opening a medication container or prepackaged medication for a resident;

     (3) reading a medication label to a resident;

     (4) observing a resident while the resident takes medication;

     (5) checking a resident’s self-administered dosage against the label of the medication container;

     (6) reassuring a resident that the resident is taking the dosage as prescribed; and

     (7) directing or guiding, at the request of the resident, the hand of a resident who is administering the resident’s own medications.

 (d) An assisted living home may provide intermittent nursing services to a resident who does not require 24-hour nursing services and supervision. Intermittent nursing services may be provided only by a nurse licensed under AS 08.68 or by a person to whom a nursing task has been delegated under (e) of this section.

 (e) A person who is on the staff of an assisted living home and who is not a nurse licensed under AS 08.68 may perform a nursing task in that home if
     (1) the authority to perform that nursing task is delegated to that person by a nurse licensed under AS 08.68; and

     (2) that nursing task is specified in regulations adopted by the Board of Nursing as a task that may be delegated.

 (f) A resident who needs skilled nursing care may, with the consent of the assisted living home, arrange for that care to be provided in the home by a nurse licensed under AS 08.68 if that arrangement does not interfere with the services provided to other residents.

 (g) As part of a plan to avoid transfer of a resident from the home for medical reasons, the home may provide, through the services of a nurse who is licensed under AS 08.68, 24-hour skilled nursing care to the resident for not more than 45 consecutive days.

 (h) If a resident has received 24-hour skilled nursing care for the 45-day limit set by (g) of this section, the resident or the resident’s representative may elect to have the resident remain in the home without continuation of 24-hour skilled nursing care if the home agrees to retain the resident after
     (1) the home and either the resident or the resident’s representative have consulted with the resident’s physician;

     (2) the home and either the resident or the resident’s representative have discussed the consequences and risks involved in the election to remain in the home; and

     (3) the portion of the resident’s assisted living plan that relates to health-related services has been revised to provide for the resident’s health-related needs without the use of 24-hour skilled nursing care, and the revised plan has been reviewed by a registered or advanced practice registered nurse licensed under AS 08.68 or by the resident’s attending physician.

 (i) A terminally ill resident may remain in the home if (1) the home and either the resident or the resident’s representative agree that the resident may remain in the home; and (2) the resident is under the care of a physician who certifies that the needs of the resident are being met in the home. The time limitation of (g) of this section does not apply in the case of a terminally ill resident.




Sec. 47.33.030. Advance payments.
 (a) An assisted living home may not require a resident or prospective resident of the home or a resident or prospective resident’s representative, to make an advance payment to the home except as security for performance of the contract or as advance rent for the immediately following rental period as the rental period is defined in the contract. If a home requires a resident or prospective resident to make an advance payment for security or as advance rent,
     (1) the home shall promptly deposit the money in a designated trust account in a financial institution, separate from other money and property of the home;

     (2) the home may not represent on a financial statement that the advance payment money is part of the assets of the home;

     (3) the advance payment money may be used only for the account of the resident;

     (4) the home shall notify the resident or the resident’s representative, in writing, of the name and address of the depository in which the advance payment money is being held; and

     (5) the home shall provide to the resident or the resident’s representative the terms and conditions under which the advance payment money may be withheld by the home.

 (b) An assisted living home shall establish a written policy for the refund of unused advance payments in the event of termination of a residential services contract or death of a resident. The policy must provide that a resident is entitled to a prorated refund of the unused portion of an advance payment, less reasonable charges for damages to the home resulting from other than normal use.




Sec. 47.33.040. Residents’ money.
 (a) Except for advance payments under AS 47.33.030, an assisted living home may not require a resident of the home to deposit with the home money that belongs to the resident. The provisions of (b) of this section do not apply to money that constitutes an advance payment under AS 47.33.030.

 (b) An assisted living home may accept, for safekeeping and management, money that belongs to a resident. The home shall establish a written policy for the management of such money and shall act in a fiduciary capacity with respect to that money, in accordance with regulations adopted by the licensing agency. A home is not required to accept money that belongs to a resident.




Sec. 47.33.050. Temporary absence.
 (a) An assisted living home may agree to reserve space for a resident of the home who is temporarily absent from the home and plans to return to the home. The absent resident, or the resident’s representative, shall notify the home in writing if the resident’s plan to return to the home changes.

 (b) Until the assisted living home receives written notice that an absent resident does not intend to return to the home, the home may charge the resident an agreed-upon daily rate during the resident’s absence from the home.




Sec. 47.33.060. House rules.
 (a) An assisted living home may establish house rules, subject to the limitations provided for under this chapter.

 (b) An assisted living home shall give a copy of the house rules to a prospective resident or the prospective resident’s representative before the prospective resident enters into a residential services contract with the home, and shall post the house rules in a conspicuous place in the home.

 (c) House rules may address various issues, including
     (1) times and frequency of use of the telephone;

     (2) hours for viewing and volume for listening to television, radio, and other electronic equipment that could disturb other residents;

     (3) visitors;

     (4) movement of residents in and out of the home;

     (5) use of personal property;

     (6) use of tobacco and alcohol; and

     (7) physical,