Alaska Stat. § 47.12.230 — AK Code / Title 47 / Chapter 47.12 / Section 47.12.230
Support of minor.
Status: in_force

(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.
Alaska Stat. § 47.10.396 — AK Code / Title 47 / Chapter 47.10 / Section 47.10.396
Confidentiality of records.
Status: in_force

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.
Alaska Stat. § 47.24.130 — AK Code / Title 47 / Chapter 47.24 / Section 47.24.130
Treatment through spiritual means.
Status: in_force

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 .
Alaska Stat. § 47.07.010 — AK Code / Title 47 / Chapter 47.07 / Section 47.07.010
Purpose.
Status: in_force

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).
Alaska Stat. § 47.32.140 — AK Code / Title 47 / Chapter 47.32 / Section 47.32.140
Violations, compliance, and enforcement.
Status: in_force

(a) If the report of investigation or inspection under AS 47.32.120 concludes that the department with licensing authority has reasonable cause to believe that a violation of an applicable statute or regulation has occurred, that department shall provide notice to the entity of the violation and an opportunity to cure the violation within a reasonable time specified in the notice. The notice also must include a copy of the applicable department's report under AS 47.32.120 , a statement that the entity may submit a written response to the report, any regulatory requirement that the entity submit a written response to the report, a description of any enforcement action that 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 applicable department for approval. Once it has cured its violations, the entity shall submit to that department an allegation of compliance. Upon receipt of the allegation of compliance, the applicable department may conduct a follow-up investigation or inspection to determine compliance. The department that provides notice of a violation 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 that provides notice of a violation believes that an entity has not voluntarily corrected the violation or entered into a plan of correction approved under (b) of this section, that department may require that the entity participate in a plan of correction under that department's regulations. Once the entity has cured its violations, it shall submit to the applicable department an allegation of compliance. Upon receipt of the allegation of compliance, the applicable department may conduct a follow-up investigation or inspection to determine compliance. The department that provides notice of a violation 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 with licensing authority for an entity 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 with licensing authority;

(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 with licensing authority;

(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 a civil history database identified under AS 47.05.330 .

(e) The department with licensing authority may not take action under (d)(9) of this section unless the commissioner of that department 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 with licensing authority may take under this section, that 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 applicable department's decision to impose the enforcement action by filing a written request for a hearing, on a form provided by the applicable department, not later than 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 applicable department's notice regarding an enforcement action under (d) or (f) of this section constitutes a final administrative order. The applicable 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 applicable 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 with licensing authority 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 .
Alaska Stat. § 47.30.810 — AK Code / Title 47 / Chapter 47.30 / Section 47.30.810
Habeas corpus not limited.
Status: in_force

Nothing in AS 47.30.660  47.30.915 may be construed as limiting a person's right to a writ of habeas corpus.
Alaska Stat. § 47.30.890 — AK Code / Title 47 / Chapter 47.30 / Section 47.30.890
Provision for personal needs upon discharge.
Status: in_force

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.
Alaska Stat. § 47.06.100 — AK Code / Title 47 / Chapter 47.06 / Section 47.06.100
Definition.
Status: in_force

In AS 47.06.010  47.06.100, unless the context otherwise requires, department means Department of Family and Community Services.
Alaska Stat. § 47.37.210 — AK Code / Title 47 / Chapter 47.37 / Section 47.37.210
Records of alcoholics, drug abusers, and intoxicated persons.
Status: in_force

(a) Except as required by AS 28.35.030 (d), the registration and other records of treatment facilities shall remain confidential and are privileged to the patient.

(b) Notwithstanding (a) of this section, the department may make available information from patients' records for purposes of research into the causes and treatment of alcoholism or drug abuse. Information may not disclose a patient's name.
Alaska Stat. § 47.37.140 — AK Code / Title 47 / Chapter 47.37 / Section 47.37.140
Treatment facilities.
Status: in_force

(a) The department shall establish standards for facilities, which standards may vary in their requirements and stringency according to the population, price level, remoteness, access to transportation, and availability of ancillary services of the area to be served, and shall fix the fees to be charged for the required inspections of those facilities. A facility shall meet the applicable standards before it is approved as a public or private treatment facility. The standards shall be enacted in a manner that will provide protection of the health, safety, and well-being of clients of the affected programs and protection for the affected programs from exposure to malpractice and liability actions.

(b) The department shall inspect, on a regular basis, approved public and private treatment facilities at reasonable times and in a reasonable manner.

(c) The department shall maintain a list of approved public and private treatment facilities.

(d) An approved public and private treatment facility shall file with the department, on request, data, statistics, schedules, and information which the department reasonably requires. An approved public or private treatment facility that without good cause fails to furnish any data, statistics, schedules, or information as requested, or files fraudulent returns of them, shall be removed from the list of approved treatment facilities.

(e) The department, after holding a hearing conducted by the office of administrative hearings ( AS 44.64.010 ) under the provisions of the Administrative Procedure Act ( AS 44.62 ), may suspend, revoke, limit, restrict, or refuse to grant an approval for a treatment facility, for failure to meet its standards.

(f) Upon petition of the department and after a hearing held upon reasonable notice to the facility, the district court may issue a warrant to an officer or employee of the department authorizing the officer or employee to enter and inspect at reasonable times, and examine the books and accounts of, an approved public or private treatment facility refusing to consent to inspection or examination by the department or which the department has reasonable cause to believe is operating in violation of this chapter.

(g) The standards established for facilities under this section must be based on scientifically sound evidence and be consistent with the priorities created under AS 47.37.045 (e) and (f).
Alaska Stat. § 47.37.200 — AK Code / Title 47 / Chapter 47.37 / Section 47.37.200
Hearing, commitment, facility, discharge, transfer, and rights.
Status: in_force

(a) At the hearing for a 30-day commitment required under AS 47.37.190 (b), the court shall hear all relevant testimony, including, if possible, the testimony of at least one person who has examined the person whose commitment is sought under AS 47.37.180 (b) or 47.37.190(a). The person whose commitment is sought shall be present unless the court believes that being present is likely to be injurious to the person, in which case the court may conduct the hearing telephonically. The court may examine the person in open court, or, if advisable, examine the person out of court. If the person has refused to be examined under AS 47.37.180 (b) or 47.37.190(a), the person shall be given an opportunity to request examination by a court-appointed licensed physician, physician assistant, or advanced practice registered nurse. If the person fails to request a medical examination and there is sufficient evidence to believe that the allegations of the petition are true, or, if the court believes that more medical evidence is necessary, the court may issue a temporary order committing the person to a private or public facility for a period of not more than five days for purposes of a diagnostic examination.

(b) If after hearing all relevant evidence, including the results of any diagnostic examination by the private or public facility, the court finds that grounds for involuntary commitment have been clearly established, the court shall issue an order of 30-day commitment to the private or public facility.

(c) A person committed for a 30-day period shall remain in the custody of a private or public facility for treatment for a period of not more than 30 days. At the end of the 30-day period, the person shall be automatically discharged unless the director of the approved public facility or approved private facility, before the expiration of the period, files a petition for recommitment under AS 47.37.205 .

(d) A private or public facility must be capable of providing adequate and appropriate treatment for a person in its custody. A public facility may transfer a person in its custody from one approved public treatment facility to another if the transfer is medically advisable.

(e) A person committed to the custody of an approved public facility or an approved private facility shall be discharged at any time before the end of the period for which the person has been committed if either of the following conditions is met: (1) further treatment is not likely to bring about significant improvement in the person's condition; or

(2) treatment is no longer adequate or appropriate.

(f) The court shall inform the person whose commitment or recommitment is sought of the right to contest the petition, to be represented by counsel at every stage of the proceedings relating to commitment and recommitment, to have counsel appointed by the court or provided by the court, if the person is unable to obtain counsel, and of the right to a jury trial if recommitment is sought under AS 47.37.205 . The person whose commitment or recommitment is sought shall be informed of the right to be examined by a licensed physician of the person's choice. If the person is unable to obtain a licensed physician and requests examination by a physician, the court shall appoint a licensed physician for the examination.

(g) If a private treatment facility agrees with the request of a competent patient or the patient's parent, adult sibling, adult child, or guardian to accept the patient for treatment, the administrator of the public treatment facility shall transfer the patient to the private treatment facility.

(h) A person committed under this chapter may at any time seek discharge from commitment by writ of habeas corpus under AS 12.75 .
Alaska Stat. § 47.17.064 — AK Code / Title 47 / Chapter 47.17 / Section 47.17.064
Photographs and x-rays.
Status: in_force

(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.
Alaska Stat. § 47.25.260 — AK Code / Title 47 / Chapter 47.25 / Section 47.25.260
Recovery and disposition of allowances improperly granted.
Status: in_force

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.
Alaska Stat. § 47.14.245 — AK Code / Title 47 / Chapter 47.14 / Section 47.14.245
Public outreach.
Status: in_force

The state panel shall conduct public outreach and gather public comment on current department procedures and practices involving children and family services.
Alaska Stat. § 47.45.100 — AK Code / Title 47 / Chapter 47.45 / Section 47.45.100
Regulations.
Status: in_force

The commissioner of health shall adopt regulations necessary to carry out the provisions of AS 47.45.010  47.45.160.
Alaska Stat. § 47.07.071 — AK Code / Title 47 / Chapter 47.07 / Section 47.07.071
Reports by health facilities.
Status: in_force

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.
Alaska Stat. § 47.30.875 — AK Code / Title 47 / Chapter 47.30 / Section 47.30.875
Residence; nonresident patients; interstate agreements.
Status: in_force

(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.
Alaska Stat. § 47.12.030 — AK Code / Title 47 / Chapter 47.12 / Section 47.12.030
Provisions inapplicable.
Status: reserved

(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. Subject to the provisions of AS 47.12.105 , the minor shall be charged, held, transported, 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, § 23 ch 16 SLA 2021.] (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;

(7) AS 04.16.050 , relating to consumption, possession, or control of alcohol by a person under 21 years of age.

(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.
Alaska Stat. § 47.30.610 — AK Code / Title 47 / Chapter 47.30 / Section 47.30.610
Definitions.
Status: in_force

In AS 47.30.520  47.30.610, (1) authority means the Alaska Mental Health Trust Authority established in AS 44.25.200 ;

(2) department means the Department of Health;

(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 44.25.295 .
Alaska Stat. § 47.12.130 — AK Code / Title 47 / Chapter 47.12 / Section 47.12.130
Predisposition hearing reports.
Status: reserved

(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.
Alaska Stat. § 47.31.005 — AK Code / Title 47 / Chapter 47.31 / Section 47.31.005
Applicability.
Status: in_force

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.
Alaska Stat. § 47.70.020 — AK Code / Title 47 / Chapter 47.70 / Section 47.70.020
Financial responsibility.
Status: in_force

Financial responsibility for a child placed in accordance with the Interstate Compact on the Placement of Children shall be determined in accordance with art. V of the compact. However, in the event of partial or complete default of performance under the compact, the provisions of AS 47.14.100 (b) apply.
Alaska Stat. § 47.12.315 — AK Code / Title 47 / Chapter 47.12 / Section 47.12.315
Public disclosure of information in department records relating to certain minors.
Status: in_force

(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 sexual abuse material;

(5) sex trafficking in the first degree;

(6) misconduct involving a controlled substance in the first, second, or third 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 for which the minor was adjudicated delinquent, 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.
Alaska Stat. § 47.05.250 — AK Code / Title 47 / Chapter 47.05 / Section 47.05.250
Civil penalties.
Status: in_force

(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 .
Alaska Stat. § 47.18.320 — AK Code / Title 47 / Chapter 47.18 / Section 47.18.320
Program development.
Status: in_force

(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.

(d) When an individual 16 years of age or older who has been in state custody under AS 47.10 for at least six months is released from state custody, the department shall, in addition to any training, services, and assistance provided under (a)  (c) of this section, provide the individual with or assist the individual with obtaining the individual's (1) birth certificate; the birth certificate may be an official or certified copy;

(2) social security card;

(3) health insurance information;

(4) medical records;

(5) driver's license or identification card; and

(6) certificate of degree of Indian or Alaska Native blood, if applicable.
Alaska Stat. § 47.65.040 — AK Code / Title 47 / Chapter 47.65 / Section 47.65.040
Required contribution by sponsor.
Status: in_force

(a) Except as provided in (f) of this section, a sponsor receiving a grant under AS 47.65.010  47.65.050 shall contribute to the total cost of the program or project. The contribution may be in cash or in-kind services. The amount of the sponsor's required contribution is determined by the application of the following formula: average per capita full and true value of all property in the municipality or community in which the project or program takes place divided by the average per capita full and true value of all property in the state, and then multiplied by the contribution percentage to the estimated total program or project cost as determined by the department at the time of approval of a grant application. However, the amount of the sponsor's contribution may not amount to more than 10 percent of the total program or project cost.

(b) For purposes of this section, (1) the contribution percentage for (A) a program or project in a municipality or community having a population of 5,000 or less is 10 percent of the total program or project cost;

(B) a program or project in a municipality or community having a population of 5,001 to 10,000 is 20 percent of the total program or project cost; and

(C) a program or project in a municipality or community having a population of more than 10,000 is 30 percent of the total program or project cost.

(c) If an application is submitted for a program or project in a municipality or community for which no average per capita full and true property value determination has been made, (1) if the population of the municipality or community is 750 or more, the department shall request the state assessor to compute the average per capita full and true property value of that municipality or community and report it;

(2) if the population is less than 750, the department may substitute for the average per capita full and true value of property in the municipality or community an amount equal to the average per capita full and true value of property in the smallest municipality for which that amount has been determined by the state assessor.

(d) The required contribution rate of the sponsor may not exceed the contribution percentage established in (b) of this section.

(e) The grant awarded by the department may not exceed the estimated total program or project cost as determined by the department less the contribution by the sponsor determined in accordance with this section.

(f) When awarding a grant to support a pilot project under AS 47.65.010  47.65.050, the department may waive all or part of the sponsor contribution required under this section if waiver is in the public interest. The department shall adopt regulations establishing standards for granting waivers under this subsection.
Alaska Stat. § 47.14.295 — AK Code / Title 47 / Chapter 47.14 / Section 47.14.295
Definitions.
Status: in_force

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 .
Alaska Stat. § 47.20.300 — AK Code / Title 47 / Chapter 47.20 / Section 47.20.300
Department to implement program.
Status: in_force

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.
Alaska Stat. § 47.10.392 — AK Code / Title 47 / Chapter 47.10 / Section 47.10.392
Certificate required.
Status: in_force

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.
Alaska Stat. § 47.33.320 — AK Code / Title 47 / Chapter 47.33 / Section 47.33.320
Access to assisted living home.
Status: in_force

An assisted living home shall allow advocates and the representatives of community legal services programs access to the home at reasonable times to, subject to the resident's consent, (1) visit with a resident of the home and make personal, social, and legal services available to the resident;

(2) distribute educational and informational materials to advise a resident or resident's representative of applicable rights; and

(3) assist a resident or a resident's representative in asserting legal rights or claims.
Alaska Stat. § 47.08.120 — AK Code / Title 47 / Chapter 47.08 / Section 47.08.120
Recovery from a collateral source.
Status: in_force

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.
Alaska Stat. § 47.31.090 — AK Code / Title 47 / Chapter 47.31 / Section 47.31.090
Regulations.
Status: in_force

The department shall, after consultation with the Alaska Mental Health Trust Authority, adopt regulations to interpret or implement this chapter.
Alaska Stat. § 47.25.500 — AK Code / Title 47 / Chapter 47.25 / Section 47.25.500
Recovery of assistance improperly granted.
Status: in_force

(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.
Alaska Stat. § 47.45.040 — AK Code / Title 47 / Chapter 47.45 / Section 47.45.040
Disqualification.
Status: in_force

Disqualification under AS 47.45.010  47.45.160 shall rest solely with the commissioner of health and shall be outlined in the regulations adopted under AS 47.45.100 .
Alaska Stat. § 47.14.100 — AK Code / Title 47 / Chapter 47.14 / Section 47.14.100
Powers and duties of department over care of child.
Status: in_force

(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 search for an appropriate placement with an adult family member or family friend. A supervisor at the department shall certify in writing in the case file whether the department has searched for an appropriate placement with an adult family member or family friend. If the department has not complied with the search requirements under this subsection, the supervisor shall work to ensure that the department completes the search in the shortest time feasible. 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 an adult family member or guardian who lives with the child. 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. If it is in the best interests of the children to maintain contact, the department shall provide each sibling with contact information for the other sibling and encourage the children's caregivers to provide opportunities for contact between the siblings. 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.
Alaska Stat. § 47.45.304 — AK Code / Title 47 / Chapter 47.45 / Section 47.45.304
Continuation of benefits.
Status: in_force

An eligible individual who leaves the state may not receive a cash benefit under AS 47.45.302 during the absence unless the individual's absence is temporary and is for one of the following reasons: (1) to receive medical treatment for the individual;

(2) to accompany the individual's family member who is receiving medical treatment outside the state; or

(3) for a vacation, business trip, or other absence of less than 30 consecutive days, unless the individual has applied for and received a time extension from the department for special circumstances.
Alaska Stat. § 47.20.390 — AK Code / Title 47 / Chapter 47.20 / Section 47.20.390
Definitions.
Status: in_force

In AS 47.20.300  47.20.390, (1) commissioner means the commissioner of health;

(2) department means the Department of Health;

(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.
Alaska Stat. § 47.25.610 — AK Code / Title 47 / Chapter 47.25 / Section 47.25.610
Penalty for violations.
Status: in_force

A person who violates a provision of AS 47.25.430  47.25.615 is guilty of a class B misdemeanor.
Alaska Stat. § 47.55.020 — AK Code / Title 47 / Chapter 47.55 / Section 47.55.020
Admission to home; payments; assistance.
Status: in_force

(a) Every person residing in the state who is 60 years of age or older, has been a resident of the state continuously for more than one year immediately preceding application for admission, and is in need of residence at a home because of physical disability or other reason, is eligible for admission to the Alaska Pioneers' Home or the Alaska Veterans' Home under conditions prescribed in regulations. The spouse of a person who is eligible for admission under other provisions of this subsection is also eligible for admission to a home under conditions prescribed by the department if the spouse is 60 years of age or older and has been a resident of the state continuously for more than one year immediately preceding application for admission.

(b) Every person admitted to a home who receives income from any source in excess of $300 a month shall be required by the department to pay the excess to the department immediately upon receipt of the money in payment, or part payment, of the cost of the person's care. However, the department may not require in any month the payment of an amount greater than the monthly or daily rates set under AS 47.55.030 (f) plus charges under AS 47.55.030 (b) except to satisfy indebtedness incurred under AS 47.55.070 . The department may not evict a person from a home if the income and assets of the person are insufficient to pay the monthly or daily rates set under AS 47.55.030 (f) plus charges under AS 47.55.030 (b) and the person is otherwise in compliance with requirements under this chapter.

(c) At the end of each month, the payments made under (b) of this section shall be transmitted to the commissioner of revenue. The department shall pay the sum of $200 a month to a resident who is without income or resources.

(d) Notwithstanding AS 47.55.070 and (b) of this section, a resident of a home whose income, assets, and other resources are insufficient to pay the monthly or daily rates set under AS 47.55.030 (f) plus charges under AS 47.55.030 (b), and who does not have private insurance to cover the cost of care, qualifies for payment assistance if the resident is otherwise in compliance with requirements under this chapter. The amount of payment assistance equals the amount needed, when added to other income and assets of the resident, to pay the monthly or daily rates set under AS 47.55.030 (f) plus charges under AS 47.55.030 (b). Payment assistance received by a home resident is a debt to the state. In determining the amount of payment assistance for which a home resident qualifies, the following income, assets, and other resources of the resident shall be disregarded: (1) income from any source in an amount up to $300 a month as established by the department by regulation;

(2) the following assets received under 43 U.S.C. 1601 et seq. (Alaska Native Claims Settlement Act): (A) cash dividends and other income equal to at least $2,000 as established by the department by regulation;

(B) stock;

(C) noncash dividends from stock; and

(D) land;

(3) a permanent fund dividend issued under AS 43.23 ;

(4) compensation to volunteers under the federal retired and senior volunteers (42 U.S.C. 5001), foster grandparents (42 U.S.C. 5011), and senior companion (42 U.S.C. 5013) programs made in accordance with 42 U.S.C. 5044(f);

(5) federal World War II restitution payments made under 50 U.S.C. App. 1989b-4 and c-5;

(6) payments under AS 18.67 (Violent Crimes Compensation Board);

(7) an amount, determined by the department by regulation, that is sufficient for burial expenses of the resident, the resident's spouse, and dependents of the resident;

(8) real property being used as the primary residence of the resident's spouse or a dependent of the resident;

(9) other real or personal property equal to at least a total value of up to $10,000 as established by the department by regulation;

(10) federal payments that are excluded by law from income for federal assistance purposes.

(e) As a condition for receipt of payment assistance under (d) of this section, the department, under regulations adopted by the department, shall require a person to (1) apply for other state or federally sponsored programs that may reduce the amount of the payment assistance; and

(2) submit to the department a copy of the person's application for medical assistance coverage under AS 47.07 and the decision letter the person receives regarding the application.

(f) Instead of accepting federal prescription drug benefits under AS 47.55.010 (c)(1), the department may adopt regulations to provide comparable prescription drug benefits to pioneers and veterans who reside in an Alaska Pioneers' Home operated under this chapter and who are eligible for federal prescription drug benefits.
Alaska Stat. § 47.25.130 — AK Code / Title 47 / Chapter 47.25 / Section 47.25.130
Amount and type of assistance.
Status: in_force

(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.
Alaska Stat. § 47.32.130 — AK Code / Title 47 / Chapter 47.32 / Section 47.32.130
Enforcement action: immediate revocation or suspension.
Status: in_force

(a) If the applicable department's report of investigation or inspection under AS 47.32.120 concludes that the department with licensing authority for the entity under AS 47.32.010 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 with licensing authority, 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 applicable 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 with licensing authority 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 with licensing authority 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 applicable 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 regulatory requirement that the entity submit a written response to the report;

(B) a description of any enforcement action the department with licensing authority 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 applicable department's decision to impose the enforcement action, including an enforcement action the department with licensing authority 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 applicable department, within 15 days after receipt of the notice. If a hearing is not timely requested under this subsection, the notice provided under (b) of this section constitutes a final administrative order for which the applicable department may seek the court's assistance in enforcing.
Alaska Stat. § 47.90.070 — AK Code / Title 47 / Chapter 47.90 / Section 47.90.070
Definitions.
Status: in_force

In this chapter, (1) commissioner means the commissioner of labor and workforce development;

(2) displaced homemaker means a person who (A) has worked as a homemaker providing unsalaried services for the family for a period of at least three years;

(B) faces a significant reduction in family income or support through divorce, death, separation, desertion, or disability; and

(C) has encountered difficulty in finding employment.
Alaska Stat. § 47.27.085 — AK Code / Title 47 / Chapter 47.27 / Section 47.27.085
Sanctions; recovery of costs.
Status: in_force

(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.
Alaska Stat. § 47.80.020 — AK Code / Title 47 / Chapter 47.80 / Section 47.80.020
Protection and advocacy of rights.
Status: in_force

The department shall establish a system to protect and advocate rights of persons with disabilities. The system (1) has the authority to pursue legal, administrative, and other appropriate remedies to assure the protection of the rights of persons with disabilities; and

(2) shall be independent of any state agency that provides treatment, services, or habilitation of persons with disabilities.

Article 2. Programs and Plans.
Alaska Stat. § 47.60.090 — AK Code / Title 47 / Chapter 47.60 / Section 47.60.090
Federal regulation.
Status: in_force

Nothing in this chapter may be construed as a limitation on the power of the federal government to regulate the development and operation of multipurpose senior centers.
Alaska Stat. § 47.10.082 — AK Code / Title 47 / Chapter 47.10 / Section 47.10.082
Health and safety of child and other considerations.
Status: in_force

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.
Alaska Stat. § 47.27.035 — AK Code / Title 47 / Chapter 47.27 / Section 47.27.035
Participation in work activities.
Status: in_force

(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.
Alaska Stat. § 47.30.860 — AK Code / Title 47 / Chapter 47.30 / Section 47.30.860
Documents and notices in other languages.
Status: in_force

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.
Alaska Stat. § 47.32.070 — AK Code / Title 47 / Chapter 47.32 / Section 47.32.070
Notice of denial or conditions; appeal.
Status: in_force

(a) If the applicable department denies an application for or places conditions on a provisional or biennial license or license renewal, that 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 applicable department or in a format approved by the applicable department.

(c) In considering whether to deny an application for or place a condition on a license, the department reviewing the application shall consider the licensing history of the applicant, including any enforcement action under this chapter.
Alaska Stat. § 47.08.090 — AK Code / Title 47 / Chapter 47.08 / Section 47.08.090
Hearing.
Status: in_force

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 .
Alaska Stat. § 47.30.847 — AK Code / Title 47 / Chapter 47.30 / Section 47.30.847
Patients' grievance procedures.
Status: in_force

(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.
Alaska Stat. § 47.24.019 — AK Code / Title 47 / Chapter 47.24 / Section 47.24.019
Petitioning court for certain protective services.
Status: in_force

(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.
Alaska Stat. § 47.18.900 — AK Code / Title 47 / Chapter 47.18 / Section 47.18.900
Definition.
Status: in_force

In this chapter, department means the Department of Family and Community Services.
Alaska Stat. § 47.10.300 — AK Code / Title 47 / Chapter 47.10 / Section 47.10.300
Powers and duties of the department.
Status: in_force

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.
Alaska Stat. § 47.10.013 — AK Code / Title 47 / Chapter 47.10 / Section 47.10.013
Abandonment.
Status: in_force

(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.
Alaska Stat. § 47.14.050 — AK Code / Title 47 / Chapter 47.14 / Section 47.14.050
Operation of homes and facilities.
Status: in_force

(a) The department shall adopt standards and regulations for the operation of juvenile detention facilities and juvenile treatment facilities in the state.

(b) The department may enter into contracts with municipalities 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.
Alaska Stat. § 47.14.010 — AK Code / Title 47 / Chapter 47.14 / Section 47.14.010
General powers of department over juvenile facilities and institutions.
Status: in_force

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 detention facilities, juvenile treatment facilities, and other juvenile institutions;

(3) adopt standards and regulations for the design, construction, repair, maintenance, and operation of all juvenile detention facilities, juvenile treatment facilities, and institutions;

(4) inspect periodically each juvenile detention facility, juvenile treatment facility, or other institution to ensure that the standards and regulations adopted are being maintained;

(5) reimburse municipalities maintaining and operating juvenile detention 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 institutions, detention facilities, or juvenile treatment facilities;

(10) operate juvenile detention facilities when municipalities are unable to do so;

(11) receive, care for, and place in a juvenile detention facility, the minor's own home, a foster home, a juvenile treatment facility, or treatment institution all minors committed to its custody under AS 47.10 , AS 47.12 , and this chapter.
Alaska Stat. § 47.14.020 — AK Code / Title 47 / Chapter 47.14 / Section 47.14.020
Duties of department.
Status: in_force

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 detention facilities, juvenile treatment facilities, and other institutions, and adopt and submit a plan for construction of the facilities and institutions when needed, together with a plan for financing the construction programs;

(4) examine, where possible, all facilities, institutions, and places of juvenile detention and treatment in the state and inquire into their methods and the management of juveniles in them.
Alaska Stat. § 47.12.010 — AK Code / Title 47 / Chapter 47.12 / Section 47.12.010
Goal and purposes of chapter.
Status: in_force

(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.
Alaska Stat. § 47.30.803 — AK Code / Title 47 / Chapter 47.30 / Section 47.30.803
Conversion from involuntary to voluntary status.
Status: in_force

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.
Alaska Stat. § 47.25.071 — AK Code / Title 47 / Chapter 47.25 / Section 47.25.071
Child care grant program.
Status: reserved

(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 child care assistance program under AS 47.25.001  47.25.095;

(3) provide care under a payment system as provided in (g) of this section; and

(4) be designated as a quality child care facility by the department.

(c) [Repealed, § 28 ch 4 SLA 2024; § 44 ch 15 SLA 2024.] (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 a format established by the department. The department shall establish an electronic application for a grant and allow an applicant to submit an application in electronic format or in other formats required by state and federal law. The electronic application must inform an applicant that a false statement made on the application will be investigated and is punishable under AS 11.56.210 .

(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) A child care facility receiving a grant under (a) or (d) of this section shall (1) 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 child care assistance under AS 47.25.001  47.25.095, whose parents or guardians wish to pay for care based on attendance only;

(2) give priority to children from low-income families when filling available child care spaces in the facility.

(h) The department shall, in consultation with a child care resource and referral agency in the state and parents, adopt regulations to carry out the purposes of this section, including criteria used to designate a child care facility as a quality child care facility under (b)(4) of this section.

(i) In addition to the grants provided in (a) and (d) of this section, the department may, subject to appropriations for that purpose, provide grants to the highest performing and highest quality child care facilities in the state. The department may use quality recognition and improvement system metrics to determine the highest performing and highest quality child care facilities in the state. To receive a grant under this subsection, the child care facility must be currently licensed under AS 47.32 and applicable municipal licensing requirements.

(j) A child care facility receiving a grant under (a) or (d) of this section may not deny a child acceptance to the facility based on disability or socioeconomic status.
Alaska Stat. § 47.21.020 — AK Code / Title 47 / Chapter 47.21 / Section 47.21.020
Program.
Status: in_force

(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 Family and Community 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.
Alaska Stat. § 47.06.070 — AK Code / Title 47 / Chapter 47.06 / Section 47.06.070
Monthly reports concerning children.
Status: in_force

By the 15th day of each month, the Department of Family and Community 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.
Alaska Stat. § 47.32.033 — AK Code / Title 47 / Chapter 47.32 / Section 47.32.033
Host care home license.
Status: in_force

(a) The Department of Health may issue a license to a person under this section and regulations adopted under this section to operate a host care home to provide 24-hour oversight and care on a continuing basis for up to two individuals if each individual is (1) 18 years of age or older; and

(2) enrolled in Medicaid home and community-based waiver services under AS 47.07.045 .

(b) A host care home shall provide care to an individual under this section in accordance with the approved services established in the individual's plan of care, which must identify the specific physical, mental, and social care needs of the individual.

(c) The Department of Health may establish standards in regulation that authorize care for up to three individuals based on unusual circumstances, including historical or familial connections of the individuals receiving services.
Alaska Stat. § 47.37.045 — AK Code / Title 47 / Chapter 47.37 / Section 47.37.045
Community action against substance abuse grants.
Status: reserved

(a) [Repealed, § 12 ch 42 SLA 1997.] (b) A school district, municipality, nonprofit organization, local governing body of an established village, or community organization may file an application with the department for a community action against substance abuse grant. The application must include a description of the purpose for which grant funds will be used, goals to be achieved by the program or project, methods of measuring achievement of goals, a proposed budget, and statements of the need for and support of the proposed program or project.

(c) Community action against substance abuse grant funds awarded under this section may be used for (1) Police-In-School Liaison programs staffed by officers that are certified by the Alaska Police Standards Council;

(2) technical assistance for neighborhood based substance abuse prevention or treatment programs;

(3) coordinators for court ordered community service;

(4) preventative or educational programs for youth that involve the community, parents, youth, and local schools;

(5) programs or projects that the department determines are effective in preventing or treating substance abuse at the community level;

(6) supervised youth recreation programs that focus on preventing or treating substance abuse; or

(7) youth assessment and referral programs that provide substance abuse screening services to and monitor compliance for a minor required to participate in an alcoholism or drug education or rehabilitation treatment program under AS 28.15.183 or before the minor's driver's license may be reinstated under AS 28.15.211 .

(d) A proposed program or project that includes matching local funds or in-kind contributions shall have priority over a proposed program or project that does not include matching local funds or in-kind contributions. Grants awarded under this section are subject to the restrictions on use provided under AS 37.05.321 .

(e) In addition to the priority given under (d) of this section, the department shall grant a priority to a proposed program or project under (c)(5) of this section if the proposed program or project provides prompt substance abuse treatment for a pregnant woman by advancing the woman on a waiting list for the program or project and by streamlining paperwork for admission of the woman to the program.

(f) In addition to the priorities given under (d) and (e) of this section, the department shall grant a priority to a proposed program or project under (c)(5) of this section if the proposed program or project (1) creates alternatives to incarceration for nonviolent offenders;

(2) provides rehabilitation services to prisoners who have substance abuse problems;

(3) measures and demonstrates a high rate of harm reduction for participants;

(4) is based on scientifically sound principles of prevention and treatment;

(5) provides job training or employment opportunities after completion of substance abuse treatment;

(6) provides youth treatment;

(7) focuses on drug and alcohol abuse prevention;

(8) addresses alcohol or substance abuse in targeted populations that have statistically higher incidences of alcohol or substance abuse problems; or

(9) addresses co-occurring substance abuse and mental health disorders.

(g) The department may consider not funding a proposed program or project that has been previously funded under this section unless the applicant provides satisfactory evidence of success of the program or project.

(h) The department may not deny funding for a program under this section solely on the basis that the program relies on faith-based strategies so long as the strategies are effective for preventing or treating substance abuse.

(i) In this section, (1) established village means an unincorporated community that is in (A) the unorganized borough and that has 25 or more permanent residents; or

(B) an organized borough, has 25 or more permanent residents, and (i) is on a road system and is located more than 50 miles outside the boundary limits of a unified municipality, or

(ii) is not on a road system and is located more than 15 miles outside the boundary limits of a unified municipality;

(2) local governing body has the meaning given in AS 04.21.080 (b);

(3) nonprofit organization means an organization that qualifies for exemption from taxation under 26 U.S.C. 501(c)(3) or (4) (Internal Revenue Code).
Alaska Stat. § 47.33.990 — AK Code / Title 47 / Chapter 47.33 / Section 47.33.990
Definitions.
Status: in_force

In this chapter, (1) activities of daily living means walking, eating, dressing, bathing, toileting, and transfer between a bed and a chair;

(2) administrator means a person who has general administrative charge and oversight of an assisted living home;

(3) adult means a person 18 years of age or older who is not a ward of the state under AS 47.10.080 (f) or AS 47.12.120 (d);

(4) advocate means a public or private officer, agency, or organization designated by federal or state statute, or a state plan developed under a federal or state statute, to represent the interests of and speak on behalf of a resident of an assisted living home;

(5) aging in place means choosing to remain in a familiar living environment and manage the risks associated with the physical or mental decline that can occur with increasing age;

(6) assisted living home means a residential facility to which this chapter applies, as described in AS 47.33.010 ;

(7) assisted living plan means a written description of (A) a person's functional capabilities;

(B) the person's needs and preferences for assistance with the activities of daily living; and

(C) the services to be provided to meet the person's reasonable wants and needs;

(8) health-related services means services described in AS 47.33.020 (c)  (i);

(9) home means an assisted living home;

(10) imminent danger means a danger that could reasonably be expected to cause death or serious physical harm to the resident's self, to the staff of a home, or to others;

(11) instrumental activities of daily living means doing laundry, cleaning of living areas, food preparation, managing money and conducting business affairs, using public transportation, writing letters, obtaining appointments, using the telephone, and engaging in recreational or leisure activities;

(12) person with a developmental disability has the meaning given in AS 47.80.900 ;

(13) personal assistance means the provision by an assisted living home of one or more of the following personal services to a resident of the home: (A) assisting a resident in obtaining supportive services as provided for in the resident's assisted living plan;

(B) assisting a resident in obtaining instrumental activities of daily living, as provided for in the resident's assisted living plan;

(C) being aware of a resident's general whereabouts while the resident is traveling independently in the community;

(D) monitoring a resident's activities while on the home premises to provide for the resident's and others' safety and well-being;

(14) physician's statement means a written statement by a person's primary physician that includes a (A) medical history and physical, not older than six months, of the person;

(B) listing of the person's complete current medicine regimen; and

(C) statement of current therapy regimen necessary to maintain or increase the person's functioning, mobility, or independence;

(15) representative means a guardian, conservator, attorney-in-fact, or other person designated by a court, or in writing by a legally competent person, to act on behalf of that person;

(16) resident means an adult who has signed a residential services contract with and resides in an assisted living home;

(17) retaliation means an adverse action taken, or threatened, by an assisted living home or an agent of an assisted living home against a resident in response to a complaint made to, or about, the home;

(18) service coordinator means a person who is responsible for (A) coordinating the services of community agencies that provide services to a resident of an assisted living home;

(B) participating in inter-agency case management for a resident; or

(C) planning for the placement of a person in an assisted living home;

(19) supportive services means recreational and leisure activities, transportation, social services, legal services, financial management services, educational and vocational services, medical, dental, and other health care services, habilitation or rehabilitation services, respite services, case management, day care, and other services required to meet a resident's needs;

(20) terminally ill resident means an ill resident who has a medical prognosis, certified in writing by the resident's attending physician, that the life expectancy of the resident is no more than six months if the illness runs its normal course.
Alaska Stat. § 47.55.035 — AK Code / Title 47 / Chapter 47.55 / Section 47.55.035
Exception to admission criteria.
Status: in_force

An applicant for admission to the home who has been a resident of the state for 30 years and is otherwise qualified for admission under AS 47.55.020 may not be disqualified for admission because of absence from the state if the commissioner of family and community services determines the absence was reasonable and admission is consistent with the intent of AS 47.55.010  47.55.100.
Alaska Stat. § 47.33.010 — AK Code / Title 47 / Chapter 47.33 / Section 47.33.010
Applicability.
Status: in_force

(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 .
Alaska Stat. § 47.05.240 — AK Code / Title 47 / Chapter 47.05 / Section 47.05.240
Exclusion from medical assistance programs.
Status: in_force

(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.
Alaska Stat. § 47.10.080 — AK Code / Title 47 / Chapter 47.10 / Section 47.10.080
Judgments and orders.
Status: reserved

(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 family and community 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. A supervisor at the department shall certify in writing in the case file whether the department has searched for an appropriate placement with an adult family member or family friend. If the department has not complied with the search requirements under this subsection, the supervisor shall work to ensure that the department completes the search in the shortest time feasible.

(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.
Alaska Stat. § 47.30.410 — AK Code / Title 47 / Chapter 47.30 / Section 47.30.410
Persons subject to extradition.
Status: in_force

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.
Alaska Stat. § 47.37.205 — AK Code / Title 47 / Chapter 47.37 / Section 47.37.205
Procedure for recommitment following 30-day commitment.
Status: in_force

(a) At any time during a person's 30-day commitment, the director of an approved public facility or approved private facility may file with the court a petition for a 180-day commitment of that person. The petition must include all material required under AS 47.37.190 (a) except that references to 30 days shall be read as 180 days and must allege that the person continues to be an alcoholic or drug abuser who is incapacitated by alcohol or drugs, or who continues to be at risk of serious physical harm or illness.

(b) Upon the filing of a petition for recommitment under (a) of this section, the court shall fix a date for hearing no later than 10 days after the date the petition was filed. A copy of the petition and of the notice of hearing, including the date fixed by the court, shall be served on (1) the petitioner;

(2) the person whose recommitment is sought or the person's guardian, if any;

(3) the attorney representing the person whose recommitment is sought;

(4) the original petitioner under AS 47.37.190 (a), if different from the petitioner for recommitment;

(5) any other person the court considers appropriate.

(c) If, not less than two days before the date set for a recommitment hearing under (a) of this section, the person being recommitted or the person's counsel or advisor files a written request with the court, the court shall summon and impanel a jury of six residents of the judicial district to hear and consider evidence concerning the condition of the person being recommitted.

(d) At the hearing regarding recommitment for a 180-day period, the court or jury shall proceed as provided in AS 47.37.200 (a) and (b).

(e) The provisions of AS 47.37.200 (c)  (h) shall apply equally to periods of recommitment under this section, except that references to 30 days shall be read as 180 days.
Alaska Stat. § 47.65.100 — AK Code / Title 47 / Chapter 47.65 / Section 47.65.100
Adult day care and family respite care.
Status: in_force

(a) In addition to administering grants for adult day care programs and family respite care services for older Alaskans under AS 47.65.010  47.65.050, the department may make grants under this section from funds otherwise available to it for adult day care programs and family respite care services for frail older persons and other similarly disabled adults.

(b) In order to fund grants under this section, the department may seek and enter into contracts or grants with any party, including reimbursable service agreements with other state agencies.

(c) The department shall, by regulation, set fees for services provided under this section. The fees must be based on a sliding scale formula that takes into account the client's income.

(d) Fees established under (c) of this section may not exceed the cost of the service. A person may not be denied service based solely on inability to pay a fee established under this section.

(e) The department may not award a grant under this section for family respite care services or for adult day care services that include home care services unless the grantee has agreed to request criminal history record information as permitted by P.L. 105-277 and AS 12.62 for the individual who will provide the services within 10 business days after the individual is hired to provide the services and review the information within five business days after receiving it.

(f) In this section, (1) frail older person means a state resident who is at risk of institutional placement and (A) is age 55 or older; or

(B) has Alzheimer's disease or a related disorder;

(2) similarly disabled adult means a state resident who is 18 years of age or older who is at risk of institutional placement but who is not a frail older person or an older Alaskan.

Article 3. General Provisions.
Alaska Stat. § 47.30.725 — AK Code / Title 47 / Chapter 47.30 / Section 47.30.725
Rights; notification.
Status: in_force

(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.

(g) If a criminal charge of a felony offense against a person under AS 11.41 or felony arson against a respondent has been dismissed under AS 12.47.110 and the respondent is detained for evaluation or committed under AS 47.30.700  47.30.915, (1) the Department of Law shall notify a victim in the dismissed criminal case (A) of the time and place of a hearing under AS 47.30.700  47.30.915;

(B) of the length of time for which the respondent is committed and findings of fact made by the court; and

(C) when the respondent is discharged from commitment; and

(2) a victim in the dismissed criminal case may attend a hearing under AS 47.30.700  47.30.915, but may not disclose confidential information from the hearing.

(h) Subsection (g) of this section may not be construed to give a victim in a dismissed criminal case the right to access a record that is confidential under AS 47.30.845 .
Alaska Stat. § 47.30.780 — AK Code / Title 47 / Chapter 47.30 / Section 47.30.780
Early discharge.
Status: in_force

(a) Except as provided in (b) and (c) 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 .

(c) If a respondent committed under AS 47.30.770 or 47.30.771 has a criminal history that includes a felony offense against a person under AS 11.41 or felony arson, including an offense for which the respondent was found incompetent to stand trial under AS 12.47.100 and 12.47.110, the professional person in charge may not discharge the respondent under (a) of this section unless the court enters an order officially terminating the involuntary commitment. The court shall give the prosecuting authority 10 days' notice before the professional person in charge may discharge a respondent under this subsection.

(d) Except as provided in (e) of this section, a respondent committed under AS 47.30.771 may petition the court for early discharge at any time during the commitment if the respondent presents some evidence demonstrating that the respondent is no longer likely to cause serious harm to self or others. The court shall grant early discharge unless the state proves by clear and convincing evidence that the respondent remains likely to cause serious harm to self or others.

(e) A respondent may not file a petition for early discharge within 180 days after the date the court enters an initial commitment order or a final order ruling on a previous petition for early discharge.
Alaska Stat. § 47.45.140 — AK Code / Title 47 / Chapter 47.45 / Section 47.45.140
Penalty for false statements or records.
Status: in_force

A person who wilfully or knowingly makes a false statement, or falsifies or permits to be falsified any record required by AS 47.45.010  47.45.160, 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 six months, or by both, forfeits all rights under AS 47.45.010  47.45.160, and shall make adequate restitution for any bonuses illegally received.
Alaska Stat. § 47.14.400 — AK Code / Title 47 / Chapter 47.14 / Section 47.14.400
Education savings program.
Status: in_force

(a) The department shall administer a program to encourage investment by a person or entity in the 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 an education 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 education savings plan restrictions and with federal law pertaining to 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 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 family and community services or the commissioner's designee may name a new beneficiary to an existing education savings plan established under (a) of this section if the new designation is not prohibited under federal law or under the education 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 family and community 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) donor means the person or entity who contributes to the education savings program for children for the purpose of establishing or contributing to an education savings plan established for a child under this section;

(3) education savings plan means an education savings program established under AS 14.40.802  14.40.817.

(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.
Alaska Stat. § 47.32.090 — AK Code / Title 47 / Chapter 47.32 / Section 47.32.090
Complaints; investigation; retaliation.
Status: in_force

(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 that has licensing authority for that type of entity under AS 47.32.010 .

(b) The department with licensing authority under (a) of this section may investigate a complaint filed under this section. The department with licensing authority under (a) of this section may decline to investigate a complaint if that department reasonably concludes and documents that the complaint is without merit based on information available to that department at the time of the complaint. The department with licensing authority under (a) of this section may consolidate complaints if that 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.

(d) The department with licensing authority under (a) of this section may investigate an employee, contractor, or volunteer of a licensed entity and may substantiate that the individual engaged in conduct that would significantly affect the health, safety, or welfare of an individual who is receiving a service from the entity. If the conduct is substantiated against an employee, contractor, or volunteer, the investigating department shall issue a notice of the finding to the person and include the person in the appropriate civil history database identified under AS 47.05.330 . Before a substantiated finding against an employee, contractor, or volunteer may be included in a civil history database and provided as part of a check under AS 47.05.325 , the department that made the finding shall provide the applicant notice of the finding and an opportunity to appeal the finding. The Department of Health and the Department of Family and Community Services shall adopt regulations to implement this subsection for the entities licensed by that department. In this subsection, volunteer includes an individual placed in a facility for training, educational, or internship purposes.
Alaska Stat. § 47.30.709 — AK Code / Title 47 / Chapter 47.30 / Section 47.30.709
Rights of respondents at crisis stabilization centers and crisis residential centers; psychotropic medication; time.
Status: in_force

(a) If, at any time during a respondent's hold at a crisis stabilization center or detention at a crisis residential center, the professional person in charge determines that the respondent does not meet the standard for a hold or detention, the respondent may no longer be held or detained. The professional person in charge shall notify the petitioner and the court, if applicable.

(b) When a respondent is held at a crisis stabilization center or detained at a crisis residential center, the respondent has the rights identified in AS 47.30.725 and, (1) if an adult, the rights identified under AS 47.30.817  47.30.865; and

(2) if a minor, the rights identified in AS 47.30.700  47.30.865.

(c) A respondent subject to an involuntary stabilization hold or detention at a crisis stabilization center or crisis residential center may, at any time, convert to voluntary status if the professional person in charge agrees that (1) the respondent is an appropriate patient for voluntary status; and

(2) the conversion is made in good faith.

(d) A crisis stabilization center or crisis residential center may administer psychotropic medication to an involuntarily held or detained respondent only in a manner that is consistent with AS 47.30.838 .

(e) Computation of a 23-hour and 59-minute holding time at a crisis stabilization center includes Saturdays, Sundays, and legal holidays, but does not include any period of time necessary to transport a respondent to a crisis stabilization center. Computation of a seven-day detention at a crisis residential center includes Saturdays, Sundays, and legal holidays, but does not include any period of time necessary to transport a respondent to a crisis residential center.
Alaska Stat. § 47.40.091 — AK Code / Title 47 / Chapter 47.40 / Section 47.40.091
Definitions.
Status: in_force

In AS 47.40.011  47.40.091, (1) bed means space in a facility that may be occupied by a minor for 365 days a year;

(2) department means the Department of Family and Community Services;

(3) nonprofit corporation means a corporation organized under AS 10.20 ;

(4) residential services means 24-hour care and supervision of minors in residential child care facilities that are commonly known as group homes or institutions.

Article 2. Purchase of Services for Pregnant Women.
Alaska Stat. § 47.10.088 — AK Code / Title 47 / Chapter 47.10 / Section 47.10.088
Involuntary termination of parental rights and responsibilities.
Status: in_force

(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.
Alaska Stat. § 47.30.420 — AK Code / Title 47 / Chapter 47.30 / Section 47.30.420
Extradition proceedings.
Status: in_force

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.
Alaska Stat. § 47.12.070 — AK Code / Title 47 / Chapter 47.12 / Section 47.12.070
Summons and custody of minor.
Status: in_force

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.
Alaska Stat. § 47.32.020 — AK Code / Title 47 / Chapter 47.32 / Section 47.32.020
Requirement to obtain a license; exemption.
Status: in_force

(a) An entity may not operate a facility described in AS 47.32.010 (b) or (c) without first obtaining a license under this chapter unless the entity is exempt under regulations adopted under AS 47.32.030 or is exempt under (c) of this section.

(b) If an entity encompasses more than one type of activity listed in AS 47.32.010 (b) or (c), the entity shall apply for and receive a separate license under this chapter from either the Department of Health or the Department of Family and Community Services before operating that type of activity unless exempt under regulations adopted by the applicable department under AS 47.32.030 .

(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.
Alaska Stat. § 47.12.200 — AK Code / Title 47 / Chapter 47.12 / Section 47.12.200
Arrest of a minor.
Status: in_force

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.
Alaska Stat. § 47.80.400 — AK Code / Title 47 / Chapter 47.80 / Section 47.80.400
Qualifications for teaching the use of certain aids or devices for the blind or visually impaired.
Status: in_force

(a) A person who is employed to teach the use of orientation and mobility aids or assistive technology devices to students who are 16 years of age or older and who are blind or visually impaired may not receive payment from the state or a political subdivision of the state unless the person meets the training and experience requirements established by the department under this section.

(b) The department shall, by regulation, establish minimum requirements for training and experience of persons who teach the use of orientation and mobility aids or assistive technology devices to students who are 16 years of age or older and who are blind or visually impaired. The department shall consider the standards adopted by national organizations that provide services to the blind and visually impaired when setting requirements under this section.

Article 4. Traumatic or Acquired Brain Injury.
Alaska Stat. § 47.12.990 — AK Code / Title 47 / Chapter 47.12 / Section 47.12.990
Definitions.
Status: in_force

In this chapter, unless the context otherwise requires, (1) commissioner means the commissioner of family and community 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 Family and Community Services;

(6) gravely disabled has the meaning given in AS 47.30.915 ;

(7) juvenile detention facility means a secure facility for the detention of delinquent minors in the custody of the department under AS 47.12.240 or 47.12.250;

(8) juvenile probation officer means an officer described in AS 47.12.270 ;

(9) juvenile treatment facility means a secure facility for treatment of minors adjudicated delinquent and committed by a court to the care and custody of the department under AS 47.12.120 (b)(1);

(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 who is (A) under 18 years of age at the time the person commits an offense; and

(B) subject to the jurisdiction of the court under this chapter;

(13) peace officer has the meaning given in AS 11.81.900 ;

(14) residential child care facility has the meaning given in AS 47.32.900 ;

(15) secure residential psychiatric treatment center has the meaning given residential psychiatric treatment center in AS 47.32.900 ;

(16) temporary secure juvenile holding area means separate quarters that are used for the temporary detention of delinquent minors pending a court order or transportation to a juvenile detention facility and that are not within sight or sound of any adult prisoners;

(17) victim has the meaning given in AS 12.55.185 .
Alaska Stat. § 47.10.093 — AK Code / Title 47 / Chapter 47.10 / Section 47.10.093
Disclosure of agency records.
Status: reserved

(a) Except as permitted in AS 47.10.092 , (b)  (g) and (i)  (l) of this section, and AS 47.17.030 (g) and (h), 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, including a variance committee established under AS 47.05.360 , 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 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;

(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; and

(16) a sibling of a child who is the subject of the case to allow the siblings to contact each other if it is in the best interests of the child to maintain contact; in this paragraph, sibling means an adult or minor who is related to the child who is the subject of the case by blood, adoption, or marriage as a child of one or both of the parents of the child who is the subject of the case; a sibling who is adopted by a person other than the parent of the child who is the subject of the case remains a sibling of the child.

(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 family and community 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 Family and Community 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.
Alaska Stat. § 47.27.200 — AK Code / Title 47 / Chapter 47.27 / Section 47.27.200
Alaska Native family assistance grants.
Status: in_force

(a) Notwithstanding any contrary provision of this chapter, and in addition to grants awarded under AS 47.27.050 , the Department of Health 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.
Alaska Stat. § 47.65.050 — AK Code / Title 47 / Chapter 47.65 / Section 47.65.050
Administrative requirements.
Status: in_force

(a) Payments received by a sponsor under AS 47.65.010  47.65.050 may be used only to meet costs of services that the department has determined directly benefit older Alaskans. A payment may not be made by the department under this section unless the department determines that the sponsor (1) meets accepted standards of fiscal accountability for public funds;

(2) can demonstrate, when requested, the actual cost of services that it is providing for the benefit of older Alaskans; and

(3) agrees to make available, upon request, all fiscal information relating to service for which payments are provided under AS 47.65.010  47.65.050.

(b) The department may not make payments to a sponsor whose program includes family respite care services or home care services unless the sponsor has agreed to request criminal history record information as permitted by P.L. 105-277 and AS 12.62 for the individual who will provide the services within 10 business days after the individual is hired to provide the services and review the information within five business days after receiving it.

Article 2. Adult Day Care and Family Respite Care.
Alaska Stat. § 47.17.010 — AK Code / Title 47 / Chapter 47.17 / Section 47.17.010
Purpose.
Status: in_force

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.
Alaska Stat. § 47.90.010 — AK Code / Title 47 / Chapter 47.90 / Section 47.90.010
Program established.
Status: reserved

(a) The commissioner, in consultation with state and local government agencies, community groups, and groups concerned with displaced homemakers, may (1) contract with eligible private profit and nonprofit corporations for multipurpose service centers for displaced homemakers; contracting under this paragraph is governed by AS 36.30 (State Procurement Code); and

(2) coordinate existing state programs for displaced homemakers.

(b) The commissioner shall adopt regulations prescribing the standards to be met by each multipurpose service center for displaced homemakers in accordance with the policies established in this chapter.

(c) [Repealed, § 67 ch 106 SLA 1986.] (d) To be eligible for an award of a contract under this chapter a private profit or nonprofit corporation must be governed by a board of directors whose membership is broadly representative of the community in which it operates as determined by the commissioner.
Alaska Stat. § 47.12.025 — AK Code / Title 47 / Chapter 47.12 / Section 47.12.025
Special provisions for certain persons considered to be minors.
Status: in_force

(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 juvenile 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 juvenile 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 detention facility, juvenile treatment facility, temporary secure juvenile holding area, or adult correctional facility.
Alaska Stat. § 47.37.235 — AK Code / Title 47 / Chapter 47.37 / Section 47.37.235
Limitations on liability; bad faith application a felony.
Status: in_force

(a) Except as provided under (b) of this section, a person acting in good faith upon either actual knowledge or reliable information who takes a person into protective custody or detains a person under AS 47.37.170  47.37.180, or who petitions for commitment under AS 47.37.180  47.37.205, is not subject to civil or criminal liability.

(b) The following persons may not be held civilly or criminally liable for detaining or failing to detain a person under AS 47.37.170  47.37.270 or for releasing a person under AS 47.37.170  47.37.270 at or before the end of the period for which the person was admitted or committed for protective custody or treatment if the persons have performed their duties in good faith and without gross negligence: (1) an officer of an approved public or private treatment facility;

(2) the administrator of an approved public or private treatment facility, and the staff of an approved public or private treatment facility;

(3) a public official performing functions necessary to the administration of AS 47.37.170  47.37.270;

(4) a peace officer or other person responsible for detaining or transporting a person under AS 47.37.170  47.37.270.

(c) A person who knowingly initiates an involuntary commitment petition under AS 47.37.180  47.37.205 without having good cause to believe that the other person is an alcoholic or drug abuser and is incapacitated or at risk of serious physical harm or illness if not treated is guilty of a class C felony.