Alaska Stat. § 47.10.030 — AK Code / Title 47 / Chapter 47.10 / Section 47.10.030
Summons and custody of minor.
Status: in_force

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

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

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

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

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

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

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

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

(2) is prohibited by a court order from having contact with the child.
Alaska Stat. § 47.80.900 — AK Code / Title 47 / Chapter 47.80 / Section 47.80.900
Definitions.
Status: in_force

In this chapter, (1) council means the Governor's Council on Disabilities and Special Education created by AS 44.29.600 ;

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

(3) facilities for persons with disabilities means publicly or privately operated facilities, or specified portions of facilities, designed primarily for the delivery of services to those persons; the term includes residential facilities;

(4) habilitation means education or training for persons with disabilities to enable them to function better in society;

(5) least restrictive setting means a residential or other setting for meeting the needs of a person with a disability that requires the least amount of restriction of personal liberty by enabling the person to function in as normal an environment as possible and to live as normally as possible, within the limitations of the disability;

(6) person with a developmental disability means a person who is experiencing a severe, chronic disability that (A) is attributable to a mental or physical impairment or combination of mental and physical impairments;

(B) is manifested before the person attains age 22;

(C) is likely to continue indefinitely;

(D) results in substantial functional limitations in three or more of the following areas of major life activity: self-care, receptive and expressive language, learning, mobility, self-direction, capacity for independent living, and economic self-sufficiency; and

(E) reflects the person's need for a combination and sequence of special, interdisciplinary, or generic care, treatment, or other services that are of lifelong or extended duration and are individually planned and coordinated;

(7) person with a disability means a person with a developmental disability as defined in (6) of this section or a person who is hard of hearing, deaf, speech impaired, visually impaired, seriously emotionally disturbed, orthopedically or otherwise health impaired, or who has a specific learning disability; the term includes a child with a disability as defined in AS 14.30.350 ;

(8) residential facility means a publicly or privately operated facility that provides 24-hour care for four or more persons with disabilities, excluding family, foster family, or adoptive homes;

(9) substantial disability means a disability that prevents or substantially impedes the person's participating in and benefiting from the social, economic, educational, recreational, or other opportunities generally available to peers in the community who are not similarly disabled.
Alaska Stat. § 47.05.070 — AK Code / Title 47 / Chapter 47.05 / Section 47.05.070
Third party liability subrogation.
Status: reserved

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

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

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

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

(e) [Repealed, § 9 ch 96 SLA 2006.] (f) The department may adopt regulations to interpret and implement this section.
Alaska Stat. § 47.30.693 — AK Code / Title 47 / Chapter 47.30 / Section 47.30.693
Notice to parent or guardian.
Status: in_force

When a minor under 18 years of age is detained at or admitted or committed to a treatment facility, the facility shall inform the parent or guardian of the location of the minor as soon as possible after the arrival of the minor at the facility. When an adult for whom a guardian has been appointed is detained at or admitted or committed to a treatment facility and the facility is aware of the appointment, the facility shall inform the guardian of the location of the adult as soon as possible after the arrival of the adult at the facility.
Alaska Stat. § 47.30.837 — AK Code / Title 47 / Chapter 47.30 / Section 47.30.837
Informed consent.
Status: in_force

(a) A patient has the capacity to give informed consent for purposes of AS 47.30.836 if the patient is competent to make mental health or medical treatment decisions and the consent is voluntary and informed.

(b) When seeking a patient's informed consent under this section, the evaluation facility or designated treatment facility shall give the patient information that is necessary for informed consent in a manner that ensures maximum possible comprehension by the patient.

(c) If an evaluation facility or designated treatment facility has provided to the patient the information necessary for the patient's consent to be informed and the patient voluntarily consents, the facility may administer psychotropic medication to the patient unless the facility has reason to believe that the patient is not competent to make medical or mental health treatment decisions. If the facility has reason to believe that the patient is not competent to make medical or mental health treatment decisions and the facility wishes to administer psychotropic medication to the patient, the facility shall follow the procedures of AS 47.30.839 .

(d) In this section, (1) competent means that the patient (A) has the capacity to assimilate relevant facts and to appreciate and understand the patient's situation with regard to those facts, including the information described in (2) of this subsection;

(B) appreciates that the patient has a mental disorder or impairment, if the evidence so indicates; denial of a significantly disabling disorder or impairment, when faced with substantial evidence of its existence, constitutes evidence that the patient lacks the capability to make mental health treatment decisions;

(C) has the capacity to participate in treatment decisions by means of a rational thought process; and

(D) is able to articulate reasonable objections to using the offered medication;

(2) informed means that the evaluation facility or designated treatment facility has given the patient all information that is material to the patient's decision to give or withhold consent, including (A) an explanation of the patient's diagnosis and prognosis, or their predominant symptoms, with and without the medication;

(B) information about the proposed medication, its purpose, the method of its administration, the recommended ranges of dosages, possible side effects and benefits, ways to treat side effects, and risks of other conditions, such as tardive dyskinesia;

(C) a review of the patient's history, including medication history and previous side effects from medication;

(D) an explanation of interactions with other drugs, including over-the-counter drugs, street drugs, and alcohol;

(E) information about alternative treatments and their risks, side effects, and benefits, including the risks of nontreatment; and

(F) a statement describing the patient's right to give or withhold consent to the administration of psychotropic medications in nonemergency situations, the procedure for withdrawing consent, and notification that a court may override the patient's refusal;

(3) voluntary means having genuine freedom of choice; a choice may be encouraged and remain voluntary, but consent obtained by using force, threats, or direct or indirect coercion is not voluntary.
Alaska Stat. § 47.12.155 — AK Code / Title 47 / Chapter 47.12 / Section 47.12.155
Parental or guardian accountability and participation.
Status: in_force

(a) The parent or guardian of a minor who is alleged to be a delinquent under AS 47.12.020 or found to be a delinquent under AS 47.12.120 shall attend each hearing held during the delinquency proceedings unless the court excuses the parent or guardian from attendance for good cause.

(b) If a minor is found to be a delinquent under AS 47.12.120 , the court may order that the minor's parent or guardian (1) personally participate in treatment reasonably available in the parent's or guardian's location as specified in a plan set out in the court order;

(2) notify the department if the minor violates a term or condition of the court order; and

(3) comply with any other conditions set out in the court order, including a condition in an order requiring a parent to pay restitution ordered on behalf of a victim of a delinquent act.

(c) If a court orders a minor's parent or guardian to participate in treatment under (b) of this section, the court also shall order the parent or guardian to use any available insurance or another resource to cover the treatment, or to pay for the treatment if other coverage is unavailable. If the court determines that the parent or guardian is unable to pay for the treatment due to indigence and the department pays for the treatment, the department may seek reimbursement only from the indigent parent's or guardian's permanent fund dividend.

(d) The permanent fund dividend of an indigent parent or guardian participating in treatment ordered under (b) of this section may be taken under AS 43.23.140 (b)(6) and 43.23.150 to satisfy the balance due on a reimbursement claim by the department under (c) of this section.

(e) If a parent or guardian fails to attend a hearing as required in (a) of this section, the court shall hold the hearing without the attendance of the parent or guardian.
Alaska Stat. § 47.80.130 — AK Code / Title 47 / Chapter 47.80 / Section 47.80.130
Powers and duties of the department.
Status: in_force

(a) The department shall (1) develop budgets and receive and distribute appropriations and funds under this section;

(2) adopt regulations regarding standards of services and facilities for persons with disabilities and the quality of services and the process by which services are to be delivered;

(3) adopt any other regulations necessary to implement this chapter;

(4) provide technical assistance to public and private agencies in planning, developing, and implementing programs to serve persons with disabilities;

(5) operate programs and facilities and enter into agreements, contracts, or grants necessary to provide services required under this chapter;

(6) take the actions and undertake the obligations that are necessary to participate in federal grant-in-aid programs and accept federal or other financial aid for the study, examination, care, and treatment of persons with disabilities;

(7) take a flexible approach to administering programs for persons with disabilities that allows each person to participate actively, with assistance based on the person's strengths and abilities, in managing the person's support services so that the person can achieve a meaningful life in the person's home, job, and community.

(b) For purposes of P.L. 91-517 and P.L. 94-103, as amended, the department is designated the sole administering agency; it shall make applications for, receive, and expend grants under P.L. 91-517 or P.L. 94-103, as amended, and otherwise exercise the powers and perform the duties and functions necessary to comply with P.L. 91-517 and P.L. 94-103, as amended.

(c) The Department of Education and Early Development may make applications for, receive, and expend grants under P.L. 91-230 (The Education for the Handicapped Act), as amended, and otherwise exercise the powers and perform the functions necessary to comply with that Act.

(d) When state funding is not adequate to meet service needs, the department shall establish a waiting list for persons with developmental disabilities who would be eligible to receive state-funded services under AS 47.80.100  47.80.170 if adequate state funding were available. The department shall, on an annual basis, review the waiting list and submit a report to the governor containing the information required under this subsection. The department shall send a copy of the report to the persons chairing the house and senate finance committees and the persons chairing the house and senate health, education and social services committees and shall notify the full legislature that the report is available to all legislators. The report must (1) describe the purpose for the waiting list and the strategies used to notify persons about the waiting list, and must include a copy of the information used by the department to inform individuals and families about their rights and responsibilities under AS 47.80.100  47.80.170;

(2) explain how an individual is placed on the waiting list, what criteria determine rank on the list, and how the waiting list is used to select individuals equitably and fairly across the state;

(3) give the basic demographic information across all regions about the age, sex, and racial and ethnic background of the individuals on the waiting list;

(4) identify the level of need and preferences of the individuals and families on the waiting list for the services and the supports that may be necessary to meet their needs and project an annual cost to meet this need;

(5) identify how many individuals were removed from the waiting list during the 12 months covered by the report, why they were removed from the list, and how long the individuals had been waiting for services or supports before they were removed from the list;

(6) list the number of individuals who have been on the waiting list for 90 days or more with an account of the department's steps to regularly review each individual's status while waiting for services or supports;

(7) report annual data from the Department of Education and Early Development about the number of students in special education with developmental disabilities graduating from high school, dropping out of high school before reaching age 22, or reaching age 22 without graduating from high school; and

(8) indicate that written or electronic copies of policies, manuals, and procedures used by the department to implement AS 47.80.100  47.80.170 are available.
Alaska Stat. § 47.37.170 — AK Code / Title 47 / Chapter 47.37 / Section 47.37.170
Treatment and services for intoxicated persons and persons incapacitated by alcohol or drugs.
Status: reserved

(a) An intoxicated person may come voluntarily to an approved public treatment facility for emergency treatment. A person who appears to be intoxicated in a public place and to be in need of help or a person who appears to be intoxicated in or upon licensed premises where intoxicating liquors are sold or consumed who refuses to leave upon being requested to leave by the owner, an employee, or a peace officer may be taken into protective custody and assisted by a peace officer or a member of the emergency service patrol to the person's home, an approved public treatment facility, an approved private treatment facility, or another appropriate health facility. If all of the preceding facilities, including the person's home, are determined to be unavailable, a person taken into protective custody and assisted under this subsection may be taken to a state or municipal detention facility in the area. However, emergency protective custody under this subsection may not include placement of a minor in a jail or secure facility.

(b) A person who appears to be incapacitated by alcohol or drugs in a public place shall be taken into protective custody by a peace officer or a member of the emergency service patrol and immediately brought to an approved public treatment facility, an approved private treatment facility, or another appropriate health facility or service for emergency medical treatment. If no treatment facility or emergency medical service is available, a person who appears to be incapacitated by alcohol or drugs in a public place shall be taken to a state or municipal detention facility in the area if that appears necessary for the protection of the person's health or safety. However, emergency protective custody under this subsection may not include placement of a minor in a jail or secure facility.

(c) A person who voluntarily appears or is brought to an approved public treatment facility shall be examined by a licensed physician or other qualified health practitioner as soon as possible. The department shall, by regulation, determine which health practitioners may be authorized to perform the examination. After the examination, the person may be admitted as a patient or referred to another health facility. The approved public treatment facility which refers the person shall arrange for transportation.

(d) A person who, after medical examination at an approved private treatment facility, or another appropriate health facility or service for emergency medical treatment, is found to be incapacitated by alcohol or drugs at the time of admission or to have become incapacitated by alcohol or drugs at any time after admission, may not be detained at a facility after the person is no longer incapacitated by alcohol or drugs. A person may not be detained at a facility if the person remains incapacitated by alcohol for more than 48 hours after admission as a patient. A person may consent to remain in the facility as long as the physician in charge considers it appropriate.

(e) A person who is not admitted to an approved public treatment facility, is not referred to another health facility, and has no funds, may be taken to the person's home, if any. If the person has no home, the approved public treatment facility shall assist the person in obtaining shelter.

(f) If a patient is admitted to an approved public treatment facility, family or next of kin shall be promptly notified. If an adult patient who is not incapacitated by alcohol or drugs requests that there be no notification of next of kin, the request shall be granted.

(g) A person may not bring an action for damages based on the decision under this section to take or not to take an intoxicated person or a person incapacitated by alcohol or drugs into protective custody, unless the action is for damages caused by gross negligence or intentional misconduct.

(h) If the physician in charge of the approved public treatment facility determines it is for the patient's benefit, an attempt shall be made to encourage the patient to submit to further diagnosis and appropriate voluntary treatment.

(i) A person taken to a detention facility under (a) or (b) of this section may be detained only (1) until a treatment facility or emergency medical service is made available, (2) until the person is no longer intoxicated or incapacitated by alcohol or drugs, or (3) for a maximum period of 12 hours, whichever occurs first. A detaining officer or a detention facility official may release a person who is detained under (a) or (b) of this section at any time to the custody of a responsible adult. A peace officer or a member of the emergency service patrol, in detaining a person under (a) or (b) of this section and in taking the person to a treatment facility, an emergency medical service, or a detention facility, is taking the person into protective custody and the officer or patrol member shall make reasonable efforts to provide for and protect the health and safety of the detainee. In taking a person into protective custody under (a) and (b) of this section, a detaining officer, a member of the emergency service patrol, or a detention facility official may take reasonable steps for self-protection, including a full protective search of the person of a detainee. Protective custody under (a) and (b) of this section does not constitute an arrest and no entry or other record may be made to indicate that the person detained has been arrested or charged with a crime, except that a confidential record may be made that is necessary for the administrative purposes of the facility to which the person has been taken or that is necessary for statistical purposes where the person's name may not be disclosed.

(j) [Repealed, § 21 ch 66 SLA 1996.] (k) In this section, minor means an individual who is under 18 years of age.
Alaska Stat. § 47.30.910 — AK Code / Title 47 / Chapter 47.30 / Section 47.30.910
Payment of patient expenses.
Status: in_force

(a) A patient, the patient's spouse, or the patient's parent if the patient is under 18 years of age shall pay the charges for the care, transportation, and treatment of the patient when the patient is hospitalized under AS 47.30.670  47.30.915 at a state-operated facility, an evaluation facility, or a designated treatment facility providing services under AS 47.30.670  47.30.915. The patient, the patient's spouse, or the patient's parent if the patient is under 18 years of age shall make arrangements with a state-operated facility, an evaluation facility, or a designated treatment facility for payment of charges, including providing income information necessary to determine eligibility for benefits under AS 47.31 . Charges assessed for services provided under AS 47.30.670  47.30.915 when a patient is hospitalized at a state-operated facility may not exceed the actual cost of care and treatment. The department may, when assessing charges for services provided at a state-operated facility, consider the ability to pay of a patient, a patient's spouse, or a patient's parent if the patient is under 18 years of age. In order to impose liability for a patient's cost of care at a state-operated facility, the department shall issue an order for payment within six months after the date on which the charge was incurred. The order remains in effect unless modified by subsequent court order or department order. The department may not impose liability for a patient's cost of care at a state-operated facility if the patient would otherwise meet the eligibility criteria, other than location of service, in AS 47.31.010 .

(b) The department, the evaluation facility, or a designated treatment facility shall make reasonable efforts to determine whether the patient, the patient's spouse, or the patient's parent if the patient is under 18 years of age has a third-party payor or has the available means to substantially contribute to the payment of charges, or whether the patient is eligible for assistance under AS 47.31 .

(c) If a patient is hospitalized at a state-operated facility and the patient, the patient's spouse, or the patient's parent if the patient is under 18 years of age fails to provide to the department information necessary to determine whether there is a third-party payor or available means to substantially contribute to the payment of charges, or whether the patient would, if not hospitalized at a state-operated facility, be eligible for assistance under AS 47.31 , the department may issue an administrative order imposing full liability for the patient's actual cost of care on the patient, the patient's spouse, or the patient's parent if the patient is under 18 years of age. The order remains in effect unless modified by subsequent court order or department order.

(d) If a person who is hospitalized under AS 47.30.670  47.30.915 at an evaluation facility or a designated treatment facility cannot pay or substantially contribute to the payment of charges described under this section, the patient may apply for assistance under AS 47.31 .

(e) The department may charge or accept money or property from a person for the care or treatment of a patient at a state-operated facility.

(f) Money paid by the patient or on the patient's behalf to the department under this section shall be deposited in the general fund.
Alaska Stat. § 47.14.300 — AK Code / Title 47 / Chapter 47.14 / Section 47.14.300
Multidisciplinary child protection teams.
Status: in_force

(a) The department, a state or municipal agency with expertise in child abuse or neglect, or a tribe recognized by the United States Secretary of the Interior to exist as an Indian tribe under 25 U.S.C. 5131 (Federally Recognized Indian Tribe List Act of 1994) with expertise in child abuse or neglect, in partnership with the department, may facilitate the initial establishment of a multidisciplinary child protection team. The purpose of a team is to assist in the evaluation and investigation of reports of child abuse or neglect, as defined in AS 47.17.290 , made under AS 47.17 or initiated by the department or a law enforcement agency; to assist in the evaluation and investigation of reports of sexual contact or sexual penetration, as defined in AS 11.81.900 (b), occurring between children under 13 years of age; and to provide consultation and coordination for agencies involved in child-in-need-of-aid cases under AS 47.10 . The multidisciplinary child protection teams shall (1) ensure that investigations involving child abuse or neglect are coordinated and conducted by trained investigators;

(2) take and recommend steps to avoid duplicative interviews of children;

(3) assist in the reduction of trauma to a child and family involved in an investigation of child abuse or neglect; and

(4) review records, provide consultation, and make recommendations to the department pertaining to a child-in-need-of-aid case under AS 47.10 referred to the team by a team member.

(b) A team shall be made up of (1) an employee of the child protection office in the department who has expertise in child abuse and neglect;

(2) a peace officer, as defined in AS 11.81.900 ;

(3) one or more staff members of a local child advocacy center, if a center is located in the relevant area;

(4) a medical care provider licensed under AS 08 who has received training in child abuse assessment;

(5) a counselor, social worker, psychologist, or physician who specializes in mental health care, is licensed under AS 08 , and has knowledge of child abuse dynamics;

(6) a prosecutor of child abuse cases or a designee of a prosecutor of child abuse cases;

(7) a victim advocate with knowledge of child abuse dynamics;

(8) other persons with expertise in child abuse and neglect invited to serve as needed by consensus of the team as follows: (A) child development specialists;

(B) educators;

(C) victim counselors as defined in AS 18.66.250 ;

(D) experts in the assessment and treatment of substance abuse;

(E) an attorney who specializes in child protection in the attorney general's office;

(F) a representative of an Indian tribe, as defined in 25 U.S.C. 1903(8) (Indian Child Welfare Act), as designated by the tribe;

(G) guardians ad litem; and

(H) a representative of the division in the department with jurisdiction over juvenile justice.

(c) A team may meet, review records, and conduct business in the absence of one or more members of the team. When a case is referred to the team, the department shall make available to the team records pertaining to the case prepared by or in the possession of the department, including appropriate confidential records under AS 47.10.093 (b). A member of the team may use or disclose records made available by the department under this subsection only as necessary for the performance of the member's duties. The team may make recommendations to the department on appropriate planning for the case.

(d) Except for a public report issued by a team that does not contain confidential information, records or other information collected by the team or a member of the team related to duties under this section are confidential and not subject to public disclosure under AS 40.25.100 and 40.25.110.

(e) A team shall meet at least monthly and may meet more often as needed. Meetings of a team are closed to the public and are not subject to the provisions of AS 44.62.310  44.62.319 (Open Meetings Act).

(f) The determinations, conclusions, and recommendations of a team or its members are not admissible in a civil or criminal proceeding. A member may not be compelled to disclose a determination, conclusion, recommendation, discussion, or thought process through discovery or testimony in a civil or criminal proceeding. Records and information collected by the team are not subject to discovery or subpoena in connection with a civil or criminal proceeding.

(g) Notwithstanding (f) of this section, an employee of the department may testify in a civil or criminal proceeding concerning cases reviewed by a team even though the department's records were reviewed by a team and formed the basis of that employee's testimony and the team's report.

(h) A person who serves on a multidisciplinary child protection team is not liable for damage or other relief in an action brought by the reason of the performance of a duty, a function, or an activity of the team.

(i) In this section, team means a multidisciplinary child protection team created under (a) and (b) of this section.

Article 5. Alaska Education Savings Program for Children.
Alaska Stat. § 47.25.252 — AK Code / Title 47 / Chapter 47.25 / Section 47.25.252
Discretionary assistance.
Status: in_force

When a needy person is not entitled to assistance under AS 47.25.120  47.25.300, the needy person may receive assistance in the form and amount that the department considers necessary.
Alaska Stat. § 47.30.765 — AK Code / Title 47 / Chapter 47.30 / Section 47.30.765
Appeal.
Status: in_force

The respondent has the right to an appeal from an order of involuntary commitment. The court shall inform the respondent of this right.
Alaska Stat. § 47.12.120 — AK Code / Title 47 / Chapter 47.12 / Section 47.12.120
Judgments and orders.
Status: reserved

(a) The court, at the conclusion of the hearing, or thereafter as the circumstances of the case may require, shall find and enter a judgment that the minor is or is not delinquent.

(b) If the minor is not subject to (j) of this section and the court finds that the minor is delinquent, it shall (1) order the minor committed to the department for a period of time not to exceed two years or in any event extend past the day the minor becomes 19 years of age, except that the department may petition for and the court may grant in a hearing (A) two-year extensions of commitment that do not extend beyond the minor's 19th birthday if the extension is in the best interests of the minor and the public; and (B) an additional one-year period of supervision past age 19 if continued supervision is in the best interests of the person and the person consents to it; the department shall place the minor in the juvenile facility that the department considers appropriate and that may include a juvenile treatment facility, juvenile detention facility, or secure residential psychiatric treatment center; the minor may be released from placement or detention and placed on probation on order of the court and may also be released by the department, in its discretion, under AS 47.12.260 ;

(2) order the minor placed on probation, to be supervised by the department, and released to the minor's parents, guardian, or a suitable person; if the court orders the minor placed on probation, it may specify the terms and conditions of probation; the probation may be for a period of time not to exceed two years and in no event to extend past the day the minor becomes 19 years of age, except that the department may petition for and the court may grant in a hearing (A) two-year extensions of supervision that do not extend beyond the minor's 19th birthday if the extension is in the best interests of the minor and the public; and

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

(3) order the minor committed to the custody of the department and placed on probation, to be supervised by the department and released to the minor's parents, guardian, other suitable person, or suitable nondetention setting such as with a relative or in a foster home or residential child care facility, whichever the department considers appropriate to implement the treatment plan of the predisposition report; if the court orders the minor placed on probation, it may specify the terms and conditions of probation; the department may transfer the minor, in the minor's best interests, from one of the probationary placement settings listed in this paragraph to another, and the minor, the minor's parents or guardian, the minor's foster parent, and the minor's attorney are entitled to reasonable notice of the transfer; the probation may be for a period of time not to exceed two years and in no event to extend past the day the minor becomes 19 years of age, except that the department may petition for and the court may grant in a hearing (A) two-year extensions of commitment that do not extend beyond the minor's 19th birthday if the extension is in the best interests of the minor and the public; and

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

(4) order the minor and the minor's parent to make suitable restitution in lieu of or in addition to the court's order under (1), (2), or (3) of this subsection; under this paragraph, (A) except as provided in (B) of this paragraph, the court may not refuse to make an order of restitution to benefit the victim of the act of the minor that is the basis of the delinquency adjudication; under this subparagraph, the court may require the minor to use the services of a community dispute resolution center that has been recognized by the commissioner under AS 47.12.450 (b) to resolve any dispute between the minor and the victim of the minor's offense as to the amount of or manner of payment of the restitution;

(B) the court may not order payment of restitution by the parent of a minor who is a runaway or missing minor for an act of the minor that was committed by the minor after the parent has made a report to a law enforcement agency, as authorized by AS 47.10.141 (a), that the minor has run away or is missing; for purposes of this subparagraph, runaway or missing minor means a minor who a parent reasonably believes is absent from the minor's residence for the purpose of evading the parent or who is otherwise missing from the minor's usual place of abode without the consent of the parent; and

(C) at the request of the department, the Department of Law, the victims' advocate, or on its own motion, the court shall, at any time, order the minor and the minor's parent, if applicable, to submit financial information on a form approved by the Alaska Court System to the court, the department, and the Department of Law for the purpose of establishing the amount of restitution or enforcing an order of restitution under AS 47.12.170 ; the form must include a warning that submission of incomplete or inaccurate information is punishable as unsworn falsification in the second degree under AS 11.56.210 ;

(5) order the minor committed to the department for placement in an adventure-based education program established under AS 47.21.020 with conditions the court considers appropriate concerning release upon satisfactory completion of the program or commitment under (1) of this subsection if the program is not satisfactorily completed;

(6) in addition to an order under (1)  (5) of this subsection, order the minor to perform community service; for purposes of this paragraph, community service includes work (A) on a project identified in AS 33.30.901 ; or

(B) that, on the recommendation of the city council or traditional village council, would benefit persons within the city or village who are elderly or disabled; or

(7) in addition to an order under (1)  (6) of this subsection, order the minor's parent or guardian to comply with orders made under AS 47.12.155 , including participation in treatment under AS 47.12.155 (b)(1).

(c) If the court finds that the minor is not delinquent, it shall immediately order the minor released from the department's custody and returned to the minor's parents, guardian, or custodian, and dismiss the case.

(d) A minor found to be delinquent is a ward of the state while committed to the department or while the department has the power to supervise the minor's actions. The court shall review an order made under (b) of this section annually and may review the order more frequently to determine if continued placement, probation, or supervision, as it is being provided, is in the best interest of the minor and the public. The department, the minor, and the minor's parents, guardian, or custodian are entitled, when good cause is shown, to a review on application. If the application is granted, the court shall afford these parties and their counsel and the minor's foster parent reasonable notice in advance of the review and hold a hearing where these parties and their counsel and the minor's foster parent shall be afforded an opportunity to be heard. The minor shall be afforded the opportunity to be present at the review.

(e) The department shall pay all court costs incurred in all proceedings in connection with the adjudication of delinquency under this chapter, including hearings that result in the release of the minor.

(f) A minor, the minor's parents or guardian acting on the minor's behalf, or the department may appeal a judgment or order, or the stay, modification, setting aside, revocation, or enlargement of a judgment or order issued by the court under this chapter.

(g) [Repealed, § 54 ch 107 SLA 1998.] (h) [Repealed, § 74 ch 35 SLA 2003.] (i) When, under (a) of this section, the court enters judgment finding that a minor is delinquent, the court may order the minor temporarily detained pending entry of its dispositional order if the court finds that detention is necessary (1) to protect the minor or the community; or

(2) to ensure the minor's appearance at a subsequent court hearing.

(j) If, in a case in which a district attorney has elected to seek imposition of a dual sentence under AS 47.12.065 , the court finds that the minor is delinquent for committing an offense in the circumstances set out in AS 47.12.065 , or if the minor agrees as part of a plea agreement to be subject to dual sentencing, the court shall (1) enter one or more orders under (b) of this section; and

(2) pronounce a sentence for the offense in accordance with the provisions of AS 12.55 ; however, the sentence pronounced under this paragraph must include some period of imprisonment that is not suspended by the court.

(k) [Repealed, § 22 ch 32 SLA 2016.]
Alaska Stat. § 47.10.320 — AK Code / Title 47 / Chapter 47.10 / Section 47.10.320
Residence in runaway minor program facilities.
Status: in_force

A runaway minor may maintain residency for a period not exceeding 45 days at a facility operated as part of a licensed program for runaway minors. The minor may maintain residency without the consent of the person or agency having custody of the minor, except that if the court has ordered the minor committed to the custody of the department, written consent of the department is required. The residency may be extended for an additional period of 45 days with the written consent of the person or agency having custody of the minor. A minor may not maintain residency beyond the 90th day following admission to a licensed program for runaway minors without the written consent of the person or agency having custody of the minor and the written consent of the department.
Alaska Stat. § 47.10.100 — AK Code / Title 47 / Chapter 47.10 / Section 47.10.100
Retention of jurisdiction over child.
Status: in_force

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

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

(c) If a child is adjudicated a child in need of aid before the child's 18th birthday, the court may retain jurisdiction over the child after the child's 18th birthday for the purpose of supervising the child, but the court's jurisdiction over the minor under this chapter never extends beyond the child's 19th birthday, except that the department may apply for and the court may grant an additional one-year period of custody or supervision past 19 years of age and additional one-year periods of custody that do not extend beyond the person's 21st birthday if continued custody or supervision is in the best interests of the person and the person consents to it. The department may retain jurisdiction over a child if the child has been placed in the custody or under the supervision of the department before the child's 18th birthday, except that the department may apply for and the court may grant an additional one-year period of custody or supervision past 19 years of age and additional one-year periods of custody that do not extend beyond the person's 21st birthday if continued custody or supervision is in the best interests of the person and the person consents to it.
Alaska Stat. § 47.05.325 — AK Code / Title 47 / Chapter 47.05 / Section 47.05.325
Civil history; civil history check; compliance.
Status: in_force

(a) The Department of Health and the Department of Family and Community Services shall establish by regulation civil history standards for denial of issuance or renewal of a license or certification for an individual or for an entity within that department's licensing or certification authority if the individual who is applying for a license, license renewal, certification, or certification renewal is (1) a biological or adoptive parent, guardian, custodian, or Indian custodian of a child who is or was the subject of a child-in-need-of-aid petition under AS 47.10 and the individual had custody of the child at the time the child was the subject of a petition; or

(2) the subject of a finding or circumstance described in AS 47.05.330 (a).

(b) If an individual is the subject of a petition or finding or circumstance described in (a) of this section, or a substantially similar provision in another jurisdiction, the individual may not own an entity or be an officer, director, partner, member, employee, or principal of the business organization that owns an entity. In addition, an entity may not (1) allow that individual to operate the entity;

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

(3) allow that individual to reside in the entity, unless that individual receives services from the entity or is in the custody of the state; or

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

(c) An entity or an individual shall provide to the department with licensing or certification authority for that entity or individual a release of information authorization for a civil history check under this section for each individual who is not a recipient of services from the entity, who is not in the custody of the applicable department, and, after the entity applies for or has been issued a license, license renewal, certification, or certification renewal by the applicable department, (1) who intends to become an owner of the entity, or an officer, director, partner, member, or principal of the business organization that owns the entity;

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

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

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

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

(e) The Department of Health and the Department of Family and Community Services shall by regulation identify other governmental agencies or political subdivisions of the state that can request from that department information that is required under this section for a similar purpose.

(f) The provisions of this section do not apply if the applicable department grants an exception from the requirements of (a) or (b) of this section under a regulation adopted by that department or if that department grants a variance under AS 47.05.360 .

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

(2) submits information to a civil history database identified under AS 47.05.330 ; or

(3) fails to hire or retain an employee or unsupervised volunteer because the employee or unsupervised volunteer is included in a civil history database identified under AS 47.05.330 .

(h) The Department of Health and the Department of Family and Community Services shall by regulation establish standards for the consideration and use by that department, an entity, or an individual of the civil history of an individual obtained under this section.
Alaska Stat. § 47.30.547 — AK Code / Title 47 / Chapter 47.30 / Section 47.30.547
Standards for community mental health services.
Status: in_force

An entity that provides community mental health services shall (1) make services available at times and locations that enable residents of the entity's service area to obtain services readily;

(2) ensure each client's right to confidentiality and treatment with dignity;

(3) establish staffing patterns of qualified and trained personnel that reflect the cultural, linguistic, and other social characteristics of the community and that incorporate multidisciplinary professional staff to meet client functional levels and diagnostic and treatment needs;

(4) promote client and family participation in formulating, delivering, and evaluating treatment and rehabilitation;

(5) design screening, diagnosis, treatment, and rehabilitation services to maximize individual potential and to minimize institutionalization; and

(6) provide services in the least restrictive setting, enabling the person receiving the services to live as normally as possible.
Alaska Stat. § 47.65.290 — AK Code / Title 47 / Chapter 47.65 / Section 47.65.290
Definitions.
Status: in_force

In this chapter, (1) adult day care means nonresidential care for a group of persons that offers supervision, custodial care, and other appropriate social, indoor and outdoor recreational, physical, medical, or psychological services for persons at risk of institutional placement;

(2) at risk of institutional placement means that a person is either already a resident of an adult foster home or is likely to need placement in a 24-hour care residential or nursing facility, not including a mental health hospital;

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

(4) family respite care means intermittent and substitute care that provides relief for a family caregiver or adult foster home provider by providing intermittent care in the form of companionship, temporary supervision, and minor personal care to a person who is at risk of institutional placement; the service may be provided either in the home of the client or the caregiver, including in an adult foster care home if that is the client's residence;

(5) home care services means homemaker services, chore services, personal care services, home health care services, or similar services in or around the residence of an older Alaskan or of a frail older person or similarly disabled adult, as defined in AS 47.65.100 ;

(6) older Alaskan means a resident of Alaska who is 60 years of age and older;

(7) service program means the following general categories of services to older Alaskans, including reasonable costs of administration: (A) nutritional programs;

(B) volunteer programs;

(C) adult day care programs and family respite care services;

(D) health services;

(E) housing services;

(F) legal services and assistance;

(G) home health and homemaker services;

(H) counseling;

(I) information and referral services;

(J) programs which train persons to work with or assist older Alaskans;

(K) transportation services;

(L) educational activities; and

(M) employment services;

(8) sponsor means the provider of one or more service programs or pilot projects for the benefit of older Alaskans, including (A) a municipality of the state;

(B) a nonprofit corporation organized under the laws of the state; and

(C) an educational institution.
Alaska Stat. § 47.38.010 — AK Code / Title 47 / Chapter 47.38 / Section 47.38.010
Cooperation with the Department of Corrections.
Status: in_force

The department shall cooperate with the Department of Corrections in establishing and conducting programs to provide treatment for alcoholics, intoxicated persons, drug abusers, and inhalant abusers who are on conditions of release as provided in AS 12.30 or on probation.
Alaska Stat. § 47.25.150 — AK Code / Title 47 / Chapter 47.25 / Section 47.25.150
Application for assistance.
Status: in_force

A person requesting assistance shall apply for it, either personally or through another person, in a format and manner prescribed in regulations adopted by the department. Regulations adopted under this section must establish an electronic application for assistance 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 . In this section, electronic application means an application for benefits or renewal of benefits, whether the department exclusively administers the benefits or administers the benefits in coordination with another state agency or federal agency, electronically completed and submitted through the department's Internet website.
Alaska Stat. § 47.25.470 — AK Code / Title 47 / Chapter 47.25 / Section 47.25.470
Payment when recipient incapacitated.
Status: in_force

If a person receiving assistance is incapable of self-care or care of the funds granted under AS 47.25.430  47.25.615, the department may direct the payment of the funds to the recipient's legally appointed guardian or to another person as designated by the department for the recipient's benefit.
Alaska Stat. § 47.75.050 — AK Code / Title 47 / Chapter 47.75 / Section 47.75.050
Submission to the legislature.
Status: in_force

(a) The department shall submit the state plan and supporting commentary reflecting the public input and comment provided for in AS 47.75.030 and 47.75.040 to the legislature on the first day of each regular session.

(b) The department shall submit a budget for proposed state expenditures in conformity with the state plan. In addition, the department shall submit a budget and a detailed analysis of those prioritized needs and funds which were addressed in the needs analysis and public hearings, but were not included in the published state plan as a result of fiscal or legal constraints.
Alaska Stat. § 47.07.075 — AK Code / Title 47 / Chapter 47.07 / Section 47.07.075
Administrative procedure.
Status: in_force

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

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

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

(3) if either time limit set under (1) or (2) of this subsection is not met, the department shall report the noncompliance to the legislature and the governor by the following January 20 with an explanation of the length of delay, reasons for the delay, and proposed corrective action by the department to ameliorate the causes of delay.
Alaska Stat. § 47.05.072 — AK Code / Title 47 / Chapter 47.05 / Section 47.05.072
Duty of attorney for medical assistance recipient.
Status: in_force

(a) An attorney representing a medical assistance recipient shall notify the attorney general's office.

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

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

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

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

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

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

(d) If a medical assistance recipient is handling the action or claim on a pro se basis, the provisions of this section apply as if the medical assistance recipient were an attorney representing the medical assistance recipient.
Alaska Stat. § 47.30.500 — AK Code / Title 47 / Chapter 47.30 / Section 47.30.500
Definitions.
Status: in_force

In AS 47.30.470  47.30.490, (1) alcoholism means a condition related to alcohol and concerns a physical compulsion which exists, coupled with a mental obsession;

(2) costs of improvement, renovation, or new construction of facilities includes, in addition to costs directly related to the project, the sum total of all costs of financing and carrying out the project; these include, but are not limited to, the costs of all necessary studies, surveys, plans and specifications, architectural, engineering, or other special services, acquisition of real property, site preparation and development, purchase, construction, reconstruction, and improvement of real property, and the acquisition of machinery and equipment as may be necessary in connection with the project; an allocable portion of the administrative and operating expenses of the grantee; the cost of financing the project, including interest on bonds issued to finance the project; and the cost of other items, including any indemnity and surety bonds and premiums on insurance, legal fees, fees and expenses of trustees, depositaries, financial advisors, and paying agents for the bonds issued as the issuer considers necessary;

(3) department means the Department of Health.

Article 4. Community Mental Health Services Act.
Alaska Stat. § 47.18.140 — AK Code / Title 47 / Chapter 47.18 / Section 47.18.140
Promotion of program and projects.
Status: in_force

(a) The department shall take appropriate actions to publicize the availability of funds under AS 47.18.100  47.18.140.

(b) The department shall annually conduct regional conferences or workshops across the state to (1) showcase the activities and achievements of projects funded under AS 47.18.100  47.18.140 for which the evaluation components have shown a high level of success;

(2) encourage and support the replication of these successful projects; and

(3) increase public awareness of the availability of state administered services and programs to address the many problems associated with adolescent pregnancy and parenthood.

Article 4. Adolescent Peer Counseling.
Alaska Stat. § 47.55.040 — AK Code / Title 47 / Chapter 47.55 / Section 47.55.040
Transfer of mentally ill residents to an institution.
Status: in_force

A person regularly admitted into the Alaska Pioneers' Home or the Alaska Veterans' Home who is found to be insane may be transferred to an institution provided for the care and custody of insane persons for the state in the manner provided by law for the admission of other persons to the institution.
Alaska Stat. § 47.37.180 — AK Code / Title 47 / Chapter 47.37 / Section 47.37.180
Emergency commitment.
Status: in_force

(a) An intoxicated person who (1) has threatened, attempted to inflict, or inflicted physical harm on another or is likely to inflict physical harm on another unless committed, or (2) is incapacitated by alcohol or drugs, may be committed to an approved public treatment facility for emergency treatment. A refusal to undergo treatment does not constitute evidence of lack of judgment as to the need for treatment.

(b) The certifying physician, physician assistant, advanced practice registered nurse, spouse, guardian, or relative of the person to be committed, or any other responsible person, may make a written application for commitment under this section, directed to the administrator of the approved public treatment facility. The application must state facts to support the need for emergency treatment and be accompanied by a physician's, physician assistant's, or advanced practice registered nurse's certificate supporting the need for emergency treatment and stating that the physician, physician assistant, or advanced practice registered nurse has examined the person sought to be committed within two days before the certificate's date.

(c) Upon approval of the application by the administrator in charge of the facility, the person may be brought to the facility by a peace officer, a health officer, a member of the emergency service patrol, the applicant for commitment, the patient's spouse, the patient's guardian, or any other interested person. The person shall be retained at the facility to which the person was admitted, or transferred to another appropriate public or private treatment facility, until discharged under (e) of this section. However, a person may not be detained under this section for more than 48 hours unless a district or superior court judge has reviewed and approved the commitment application.

(d) The administrator in charge of an approved public treatment facility may refuse an application if in the administrator's opinion the application and certificate fail to sustain the grounds for commitment.

(e) When on the advice of the medical staff the administrator determines that the grounds for commitment no longer exist, the administrator shall discharge a person committed under this section. A person committed under this section may not be detained in a treatment facility for more than five days. If a petition for involuntary commitment under AS 47.37.190 has been filed within the five days and the administrator in charge of an approved public treatment facility finds that grounds for emergency commitment still exist, the administrator may detain the person until the petition has been heard and determined, but no longer than 10 days after filing the petition.

(f) A copy of the written application for commitment and of the physician's, physician assistant's, or advanced practice registered nurse's certificate, and a written explanation of the person's right to legal counsel, shall be given to the person within 24 hours after commitment by the administrator, who shall provide a reasonable opportunity for the person to consult with legal counsel.

(g) The administrator of an approved public treatment facility may accept an application for commitment under this section from a health facility and may authorize the health facility to hold the person who is the subject of the commitment petition at the health facility as long as medically necessary, before transferring the person to the approved public treatment facility. An administrator who accepts an application for commitment from a health facility shall comply with the provisions of (c)  (f) of this section if the person being committed is held for longer than 48 hours from the time the administrator accepts the application for commitment under this subsection. A person committed under this subsection shall be transported from the health facility to the approved public treatment facility as soon as the person is discharged from the health facility. If the person being committed under this subsection is physically present at the health facility at the time an application for extension of detention is filed under (c) of this section or is physically present at the health facility when a petition for involuntary commitment is filed under (e) of this section, the administrator accepting the application for commitment under this subsection shall inform the court of where the person being committed is being held and when the person being committed is expected to be capable of being transferred to the approved public treatment facility.
Alaska Stat. § 47.25.450 — AK Code / Title 47 / Chapter 47.25 / Section 47.25.450
Investigation of applicant.
Status: in_force

Upon application, the department shall investigate promptly and record the circumstances of each applicant to determine the facts supporting the application and other information required by the department.
Alaska Stat. § 47.32.160 — AK Code / Title 47 / Chapter 47.32 / Section 47.32.160
Immunity.
Status: in_force

(a) The Department of Health and the Department of Family and Community Services and the employees and agents of both departments are not liable for civil damages as a result of an act or omission in the licensure process, the monitoring of a licensed entity, or any activities under this chapter.

(b) A volunteer who works for a hospice program licensed under this chapter is not liable for damages for personal injury, wrongful death, or property damage for an act or omission committed in the course of hospice-related duties unless the act or omission constitutes gross negligence, recklessness, or intentional misconduct.
Alaska Stat. § 47.25.160 — AK Code / Title 47 / Chapter 47.25 / Section 47.25.160
Investigation of applicant.
Status: in_force

The department shall promptly investigate each applicant to determine the applicant's eligibility.
Alaska Stat. § 47.05.235 — AK Code / Title 47 / Chapter 47.05 / Section 47.05.235
Duty to identify and repay self-identified overpayments.
Status: in_force

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

(b) The department may not assess interest or penalties on an overpayment identified and repaid by a medical assistance provider under this section.
Alaska Stat. § 47.45.050 — AK Code / Title 47 / Chapter 47.45 / Section 47.45.050
Department hearing.
Status: in_force

The Department of Health may arrange with the office of administrative hearings ( AS 44.64.010 ) to hold a hearing upon the request of an applicant or recipient who has been disqualified. Before this hearing, the department shall, by certified mail, notify an applicant or recipient in plain and comprehensive language the exact reason for the disqualification. Form letters using only referral to state statutes or department regulations, or otherwise vague in detail, are not considered compliance by the department with this section.
Alaska Stat. § 47.90.020 — AK Code / Title 47 / Chapter 47.90 / Section 47.90.020
Services provided by centers.
Status: in_force

(a) A multipurpose service center for displaced homemakers established under AS 47.90.010 may provide the following services: (1) job counseling services that (A) are specifically designed for displaced homemakers;

(B) counsel displaced homemakers regarding job opportunities; and

(C) consider and build on the skills and experience of a homemaker and emphasize job readiness as well as skill development;

(2) job training and job placement services that (A) emphasize short-term training programs that expand upon homemaking skills and volunteer experience and that lead to gainful employment;

(B) develop through cooperation with state and local government agencies and private employers training and placement programs for jobs in the public and private sector;

(C) assist displaced homemakers in gaining admission to existing public and private job-training programs and opportunities including vocational education, reentry into secondary and post-secondary education, and apprenticeship training programs; and

(D) assist in identifying community needs and creating new jobs for displaced homemakers in the public and private sector;

(3) health counseling services including referral to existing health programs with respect to (A) general principles of preventive health care;

(B) health care consumer education, particularly in the selection of physicians and health care services including health maintenance organizations and health insurance;

(C) mental health care and transitional counseling;

(D) family health care and nutrition;

(E) alcohol and drug abuse, including the abuse of prescription drugs; and

(F) other related health care matters;

(4) financial management services that provide information and assistance relating to insurance, taxes, estate and probate matters, mortgages, loans, and related financial matters;

(5) educational services including (A) information relating to courses offering credit through secondary or postsecondary education programs and reentry programs, including bilingual programs if appropriate, and information relating to the availability of financial assistance; and

(B) information about other programs of benefit to displaced homemakers;

(6) legal counseling and referral services;

(7) information services with respect to federal and state employment, education, health, public assistance, and unemployment assistance programs that the commissioner determines to be of benefit to displaced homemakers.

(b) A multipurpose center for displaced homemakers may provide assistance in obtaining child care, temporary babysitting expenses, and transportation when it will aid a displaced homemaker to receive services under (a) of this section.
Alaska Stat. § 47.31.035 — AK Code / Title 47 / Chapter 47.31 / Section 47.31.035
Appeals.
Status: in_force

(a) A patient or the patient's legal representative may appeal a denial of assistance by sending written notice of objection to the department within 30 days after the date of the notice of denial. The written notice of objection must include an explanation of the reasons for the objection and may include documentation supporting the objection. AS 44.62 (Administrative Procedure Act) does not apply to the appeal.

(b) The commissioner or the commissioner's designee shall review the notice of objection and issue a decision within 90 days after its receipt. The commissioner or the commissioner's designee may request additional information on the appeal from either the patient, the evaluation facility or designated treatment facility, or department staff. A request for additional information suspends the time period for the appeal until the department determines that the additional information has been received. If more than 180 days have passed from the date of submission of a notice of appeal and the additional information requested by the commissioner or the commissioner's designee has not been received from a patient, the evaluation facility, the designated treatment facility, or the department, the appeal shall be considered denied.

(c) The decision on the appeal under (b) of this section, including an appeal denied for failure to submit additional information, is a final agency decision and may be appealed to the superior court under the Alaska Rules of Appellate Procedure.
Alaska Stat. § 47.45.302 — AK Code / Title 47 / Chapter 47.45 / Section 47.45.302
Cash assistance benefit.
Status: in_force

(a) An individual is eligible for a cash assistance benefit under the program if the individual (1) is 65 years of age or older;

(2) is a resident of the state;

(3) is a citizen of the United States or a qualified alien under 8 U.S.C. 1613 and 1641;

(4) has a household income that does not exceed 175 percent of the annual federal poverty line for Alaska, as determined by the United States Department of Health and Human Services and revised under 42 U.S.C. 9902(2);

(5) has not received a longevity bonus payment under AS 47.45.010  47.45.160 for the same period; and

(6) applies in the format prescribed by the department; the department may use an abbreviated form for an individual who received a payment under an assistance program for seniors that paid $120 a month and was administered by the department on or before July 29, 2007; the department shall establish an electronic application for a cash assistance benefit 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 ; in this paragraph, electronic application means an application for benefits or renewal of benefits, whether the department exclusively administers the benefits or administers the benefits in coordination with another state agency or federal agency, electronically completed and submitted through the department's Internet website.

(b) An eligible individual shall receive a monthly cash assistance payment beginning on August 1, 2007, as follows: (1) $250 if the individual's household income does not exceed 75 percent of the federal poverty line for Alaska;

(2) $175 if the individual's household income does not exceed 100 percent but is above 75 percent of the federal poverty line for Alaska;

(3) $125 if the individual's household income does not exceed 175 percent but is above 100 percent of the federal poverty line for Alaska.

(c) Cash assistance provided under this section is subject to appropriation.
Alaska Stat. § 47.45.070 — AK Code / Title 47 / Chapter 47.45 / Section 47.45.070
Unqualified persons.
Status: in_force

(a) An unqualified person is one who (1) does not meet the age or residence requirements as provided for under AS 47.45.010  47.45.160;

(2) meets the age and residence requirements of AS 47.45.010  47.45.160 but either is confined in a state or federal mental health institution or facility and is certified by the state as unable to manage personal affairs, or resides in a nursing home as that term is defined in AS 08.70.180 ; however, if that person, at the time of commitment or commencement of residence, provided the principal support of a spouse, the commissioner of health may determine to pay the confined person's bonus to the person's spouse until the spouse is qualified for a bonus;

(3) is otherwise qualified but confined in a penal or correctional institution or facility; upon completion of sentence or upon the conferral of a pardon, parole, or probation, the person may make application; confinement outside the state shall be considered as residence in the state if a person was convicted and sentenced from a court in Alaska; revocation of parole or probation shall be cause for immediate disqualification until release from confinement is again effected;

(4) is permanently disqualified under AS 47.45.030 (c);

(5) did not apply, under AS 47.45.010 (a), before January 1, 1997, for qualification to receive a longevity bonus;

(6) was found qualified to receive a longevity bonus and was subsequently permanently disqualified under former AS 47.45.030 (b) or former AS 47.45.045 .

(b) Notwithstanding (a)(2) of this section, a person who meets the age and residence requirements of AS 47.45.010  47.45.160 qualifies for the bonus during any period of residence in a nursing home that does not exceed 90 consecutive days if the bonus is exempt from the determination of income eligibility under Supplemental Security Income in 42 U.S.C. 1382a (Sec. 1612(b)(2)(B), Social Security Act), as amended.

(c) Notwithstanding (a)(2) of this section, a person who resides in a nursing home who meets the age and residence requirements of AS 47.45.010  47.45.160 qualifies for the bonus if the costs of care of the person at the nursing home are paid for entirely from private sources, veterans' benefits, or a combination of private sources and veterans' benefits.
Alaska Stat. § 47.30.660 — AK Code / Title 47 / Chapter 47.30 / Section 47.30.660
Cooperative powers and duties of the Department of Family and Community Services and the Department of Health.
Status: in_force

(a) The Department of Family and Community Services and the Department of Health, in cooperation, shall (1) prepare, and periodically revise and amend, a plan for an integrated comprehensive mental health program, as that term is defined by AS 44.25.290 (i); the preparation of the plan and any revision or amendment of it shall (A) be made in conjunction with the Alaska Mental Health Trust Authority;

(B) be coordinated with federal, state, regional, local, and private entities involved in mental health services;

(2) in planning expenditures from the mental health trust settlement income account, conform to the regulations adopted by the Alaska Mental Health Trust Authority under AS 44.25.240 (b)(5); and

(3) implement an integrated comprehensive system of care that, within the limits of money appropriated for that purpose and using grants and contracts that are to be paid for from the mental health trust settlement income account, meets the service needs of the beneficiaries of the trust established under the Alaska Mental Health Enabling Act of 1956, as determined by the plan.

(b) The Department of Family and Community Services and the Department of Health, in fulfilling each department's duties under this section and through each department's divisions responsible for mental health, shall, as applicable, (1) administer a comprehensive program of services for persons with mental disorders, for the prevention of mental illness, and for the care and treatment of persons with mental disorders, including inpatient and outpatient care and treatment and the procurement of services of specialists or other persons on a contractual or other basis;

(2) take the actions and undertake the obligations that are necessary to participate in federal grants-in-aid programs and accept federal or other financial aid from whatever sources for the study, prevention, examination, care, and treatment of persons with mental disorders;

(3) administer AS 47.30.660  47.30.915;

(4) designate, operate, and maintain treatment facilities equipped and qualified to provide inpatient and outpatient care and treatment for persons with mental disorders;

(5) provide for the placement of patients with mental disorders in designated treatment facilities;

(6) enter into arrangements with governmental agencies for the care or treatment of persons with mental disorders in facilities of the governmental agencies in the state or in another state;

(7) enter into contracts with treatment facilities for the custody and care or treatment of persons with mental disorders; contracts under this paragraph are governed by AS 36.30 (State Procurement Code);

(8) enter into contracts, which incorporate safeguards consistent with AS 47.30.660  47.30.915 and the preservation of the civil rights of the patients with another state for the custody and care or treatment of patients previously committed from this state under 48 U.S.C. 46 et seq., and P.L. 84-830, 70 Stat. 709;

(9) prescribe the form of applications, records, reports, requests for release, and consents to medical or psychological treatment required by AS 47.30.660  47.30.915;

(10) require reports from the head of a treatment facility concerning the care of patients;

(11) visit each treatment facility at least annually to review methods of care or treatment for patients;

(12) investigate complaints made by a patient or an interested party on behalf of a patient;

(13) delegate upon mutual agreement to another officer or agency of it, or a political subdivision of the state, or a treatment facility designated, any of the duties and powers imposed upon it by AS 47.30.660  47.30.915;

(14) after consultation with the Alaska Mental Health Trust Authority, adopt regulations to implement the provisions of AS 47.30.660  47.30.915;

(15) provide technical assistance and training to providers of mental health services; and

(16) set standards under which each designated treatment facility shall provide programs to meet patients' medical, psychological, social, vocational, educational, and recreational needs.

Article 6. Voluntary Admission for Treatment.
Alaska Stat. § 47.60.040 — AK Code / Title 47 / Chapter 47.60 / Section 47.60.040
Powers of corporations.
Status: in_force

A nonprofit corporation that undertakes the development and operation of multipurpose senior centers may (1) operate in one or more municipality;

(2) issue notes, bonds, or other obligations for the purpose of developing and operating multipurpose senior centers;

(3) perform other functions necessary to carry out the purposes of this chapter.
Alaska Stat. § 47.12.255 — AK Code / Title 47 / Chapter 47.12 / Section 47.12.255
Placement in secure residential psychiatric treatment centers.
Status: in_force

(a) The court may authorize the department to place a minor who is in the custody of the department under AS 47.12.120 (b)(1) or (3) or 47.12.140 in a secure residential psychiatric treatment center if the court finds, based on the testimony of a mental health professional, that (1) the minor is gravely disabled or is suffering from mental illness and, as a result, is likely to cause serious harm to the minor or to another person;

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

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

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

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

(d) In this section, likely to cause serious harm has the meaning given in AS 47.30.915 .
Alaska Stat. § 47.30.895 — AK Code / Title 47 / Chapter 47.30 / Section 47.30.895
Disposition of unclaimed property; recovery of personal property.
Status: in_force

(a) Those unclaimed articles of personal property that are covered by AS 34.45.110  34.45.260 and the unclaimed money in the custody of a treatment facility that belong to a patient who dies before discharge, or to a patient who leaves the hospital without authority, if unclaimed by the patient or the legal heirs or representatives of the patient within one year after the patient's death or departure, shall be disposed of in accordance with AS 34.45.110  34.45.780, and the other articles of the patient's personal property shall be disposed of in the manner prescribed by the department and the proceeds deposited in the general fund.

(b) If a mentally ill individual has died in a foreign facility and the department desires to recover the patient's personal property under this section, the commissioner or the commissioner's designated representative may secure the property and for that purpose only is designated the decedent's administrator. Property so recovered shall be disposed of as provided by law.
Alaska Stat. § 47.21.010 — AK Code / Title 47 / Chapter 47.21 / Section 47.21.010
Establishment.
Status: in_force

(a) The Department of Family and Community Services shall establish an adventure-based education program designed to bring adventure-based education to appropriate juvenile offenders and others selected by referral agencies.

(b) Adventure-based education is a short-term, intensive training program designed to remedy failure patterns and encourage development of self-esteem, self-confidence, and social awareness in (1) certain delinquent juveniles in the custody of the Department of Family and Community Services;

(2) certain juveniles identified by the schools, division of social services, the courts, youth workers, or other community referral systems, as being able to benefit from adventure-based education.
Alaska Stat. § 47.17.050 — AK Code / Title 47 / Chapter 47.17 / Section 47.17.050
Immunity.
Status: in_force

(a) Except as provided in (b) of this section, a person who, in good faith, makes a report under this chapter, permits an interview under AS 47.17.027 , or participates in judicial proceedings related to the submission of reports under this chapter, is immune from civil or criminal liability that might otherwise be incurred or imposed for making the report or permitting the interview, except that a person who knowingly makes an untimely report is not immune from civil or criminal liability based on the delay in making the report.

(b) Notwithstanding (a) of this section, a person accused of committing the child abuse or neglect is not immune from civil or criminal liability for the child abuse or neglect as a result of reporting the child abuse or neglect.
Alaska Stat. § 47.55.100 — AK Code / Title 47 / Chapter 47.55 / Section 47.55.100
Certificate as evidence.
Status: in_force

A certificate by the attorney general to the effect that a decedent was a beneficiary under this chapter and that the state has a claim against the decedent's estate, is prima facie evidence of these facts in a proceeding in the courts of the state.
Alaska Stat. § 47.20.360 — AK Code / Title 47 / Chapter 47.20 / Section 47.20.360
Performance evaluation.
Status: in_force

(a) The department shall collect and compile performance data on the early hearing screening, tracking, and intervention program established under AS 47.20.300  47.20.390 to ensure that the program is in compliance with AS 47.20.300  47.20.390 and the regulations adopted under AS 47.20.300  47.20.390. The performance evaluation must include (1) a comparison of the number of infants born in the state to the number of infants screened;

(2) the referral rate for confirmatory diagnostic evaluation;

(3) the follow-up rate for intervention; and

(4) the number of false screening results.

(b) In conducting a performance evaluation, the department shall establish hearing screening performance standards that must include a false positive rate and a false negative rate for screening results of less than or equal to three percent.
Alaska Stat. § 47.10.142 — AK Code / Title 47 / Chapter 47.10 / Section 47.10.142
Emergency custody and temporary placement hearing.
Status: reserved

(a) The Department of Family and Community Services may take emergency custody of a child upon discovering any of the following circumstances: (1) the child has been abandoned as abandonment is described in AS 47.10.013 ;

(2) the child has been neglected by the child's parents or guardian, as neglect is described in AS 47.10.014 , and the department determines that immediate removal from the child's surroundings is necessary to protect the child's life or provide immediate necessary medical attention;

(3) the child has been subjected to physical harm by a person responsible for the child's welfare, and the department determines that immediate removal from the child's surroundings is necessary to protect the child's life or that immediate medical attention is necessary; or

(4) the child or a sibling has been sexually abused under circumstances listed in AS 47.10.011 (7).

(b) The department shall offer available counseling services to the person having legal custody of a minor described in AS 47.10.141 and to the members of the minor's household if it determines that counseling services would be appropriate in the situation. If, after assessing the situation, offering available counseling services to the legal custodian and the minor's household, and furnishing appropriate social services to the minor, the department considers it necessary, the department may take emergency custody of the minor.

(c) When a child is taken into custody under (a) or (b) of this section or when the department is notified of a child's presence in either a program for runaway children under AS 47.10.300  47.10.390 or a shelter for runaway children under AS 47.10.392  47.10.399, the department shall immediately, and in no event more than 24 hours later unless prevented by lack of communication facilities, notify the parents or the person or persons having custody of the child. If the department determines that continued custody is necessary to protect the child, the department shall notify the court of the emergency custody by filing, within 24 hours after custody was assumed, a petition alleging that the child is a child in need of aid. If the department releases the child within 24 hours after taking the child into custody and does not file a child in need of aid petition, the department shall, within 24 hours after releasing the child, file with the court a report explaining why the child was taken into custody, why the child was released, and to whom the child was released.

(d) The court shall immediately, and in no event more than 48 hours after being notified unless prevented by lack of transportation, hold a temporary custody hearing at which the child, if the child's health permits, and the child's parents or guardian, if they can be found, shall be permitted to be present. If present at the hearing, a parent or guardian of the child may request a continuance of the hearing for the purpose of preparing a response to the allegation that the child is a child in need of aid. The court may grant the request on a showing of good cause for why the parent or guardian is not prepared to respond to the allegation. During a continuance, the child remains in the temporary legal custody of the department, except as otherwise provided in this subsection. At the first hearing under this subsection, regardless of whether a continuance is granted, the court shall make a preliminary determination of whether continued placement in the home of the child's parent or guardian would be contrary to the welfare of the child. If a court determines that continued placement in the home of the child's parent or guardian would not be contrary to the welfare of the child, the court shall return the authority to place the child to the child's parent or guardian pending a temporary custody hearing under (e) of this section.

(e) When the temporary custody hearing is held, the court shall determine whether probable cause exists for believing the child to be a child in need of aid, as defined in AS 47.10.990 . If the court finds that probable cause exists, it shall order the child committed to the department for temporary placement, or order the child returned to the custody of the child's parents or guardian, subject to the department's supervision of the child's care and treatment. The court shall inform the child, and the child's parents or guardian if they can be found, of the reasons for finding probable cause, authorizing the child's temporary placement, and, if applicable, finding that continued placement in the home of the child's parents or guardian would be contrary to the welfare of the child. If the court finds no probable cause, it shall order the child returned to the custody of the child's parents or guardian.

(f) When a minor is committed to the department for temporary placement under (e) of this section, the court order shall specify the terms, conditions, and duration of placement. If the court orders the minor returned to the custody of the minor's parents or guardian under (e) of this section after a hearing held on a petition filed under AS 47.10.141 (f), the court shall specify the terms and conditions that must be followed by the minor and the minor's parents or guardian. The court shall require the minor to remain in the placement provided by the department and shall clearly state in the order the consequences of violating the order, including detention under AS 47.10.141 (c).

(g) [Repealed, § 74 ch 35 SLA 2003.] (h) Within 12 months after a child is committed to the department under this section, the court shall review the placement plan and actual placement of the child under AS 47.10.080 (l).

(i) When the department takes emergency custody of a child under this section or a court orders a child committed to the department for temporary placement under this section, the department shall, to the extent feasible and consistent with the best interests of the child, place the child according to the criteria specified under AS 47.14.100 (e). 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 if it is consistent with the best interests of the child.
Alaska Stat. § 47.33.090 — AK Code / Title 47 / Chapter 47.33 / Section 47.33.090
Rate increase.
Status: in_force

An assisted living home may not increase the rate charged for services provided by the home unless the home notifies each resident or the resident's representative of the increase at least 30 days before the increase is to take effect.
Alaska Stat. § 47.37.207 — AK Code / Title 47 / Chapter 47.37 / Section 47.37.207
Unauthorized absences: return to facility.
Status: in_force

When a person committed under AS 47.37.190  47.37.205 is absent from a treatment facility without authorization, the administrator, or that person's designee, may contact peace officers who shall take the person into custody and return the respondent to the treatment facility.
Alaska Stat. § 47.18.100 — AK Code / Title 47 / Chapter 47.18 / Section 47.18.100
State funding authorized.
Status: in_force

In order to encourage and support community-based initiatives to combat the many problems associated with adolescent pregnancy and parenthood, the department shall, from appropriations for that purpose, give grants or award contracts to fund a percentage of the cost of local projects designed to prevent adolescent pregnancy and assist adolescent parents in obtaining needed educational, vocational, and parenting skills.
Alaska Stat. § 47.12.450 — AK Code / Title 47 / Chapter 47.12 / Section 47.12.450
Community dispute resolution centers for matters involving minors.
Status: in_force

(a) An entity organized for the purpose of providing community mediation services may establish and operate a community dispute resolution center to resolve disputes between minors who are alleged to have committed offenses and the victims of those offenses.

(b) The commissioner may recognize an entity organized for the purpose of providing community mediation services as a community dispute resolution center to serve as a center to resolve disputes between minors and victims. Before extending recognition under this subsection, the commissioner shall determine that the bylaws of the entity set out standards and procedures (1) for filing requests for dispute resolution services with the center and for scheduling mediation sessions participated in by the parties to the dispute;

(2) to ensure that each dispute mediated meets the criteria for appropriateness for mediation and for rejecting disputes that do not meet the criteria;

(3) for giving notice of time, place, and nature of the mediation session to the parties, and for conducting mediation sessions that comply with the provisions of this section;

(4) to ensure that participation by all parties is voluntary;

(5) for obtaining referrals from public and private bodies;

(6) for providing mediators who, during the dispute resolution process, may not make decisions or determinations of the issues involved, but who shall facilitate negotiations by the participants themselves to achieve a voluntary resolution of the issues;

(7) for communicating to the agency making a referral under AS 47.12.040 (a)(1)(A) or the court making a referral under AS 47.12.120 (b)(4)(A), as appropriate, the following: (A) notice that the minor and victim have been unable to enter into a written agreement under (d)(2) of this section or that the minor or victim has withdrawn from mediation as authorized by (f) of this section;

(B) notice that the minor and victim have entered into a written agreement under (d)(2) of this section; the center shall transmit a copy of the agreement to the agency or the court, as appropriate;

(C) notice that the minor has failed to perform fully the minor's obligations under the written agreement under (d)(2) of this section;

(D) notice that the minor has successfully completed all that is required of the minor under the provisions of the written agreement under (d)(2) of this section; and

(8) for informing and educating the community about the community dispute resolution center and encouraging the use of the center's services in appropriate cases.

(c) A center established under this section shall provide dispute resolution services between a minor who has committed an offense and who, because of the commission of the offense, may be alleged to be a delinquent minor under AS 47.12.020 , and a person who was a victim of that offense. The center shall provide dispute resolution services either without charge to a participant or for a fee that is based on the participant's ability to pay.

(d) In conducting a dispute resolution process under this section, a center shall require that (1) the minor and the victim enter into a written agreement that expresses the method by which they shall attempt to resolve the issues in dispute; and

(2) at the conclusion of the dispute resolution process, the minor and the victim enter into a written agreement that sets out the settlement of the issues and the future responsibilities, if any, of each party.

(e) Except for a notice or a communication described in (b)(7) of this section, all memoranda, work notes or products, or case files of centers established under this section are confidential and privileged and are not subject to disclosure in any judicial or administrative proceeding unless the court or administrative tribunal determines that the materials were submitted by a participant to the center for the purpose of avoiding discovery of the material in a subsequent proceeding. Any communication relating to the subject matter of the resolution made during the resolution process by a participant, mediator, or another person is a privileged communication and is not subject to disclosure in a judicial or administrative proceeding unless all parties to the communication waive the privilege. However, privilege and limitation on evidentiary use set out in this subsection do not apply to a communication of a threat that injury or damage may be inflicted on a person or on the property of a party to the dispute to the extent the communication may be relevant evidence in a criminal matter.

(f) A minor or a victim who enters a dispute resolution process at a center established under this section may revoke consent, withdraw from dispute resolution, and seek judicial or administrative redress before reaching a written resolution agreement. The withdrawal must be in writing. If a minor or a victim withdraws from dispute resolution, a legal penalty, sanction, or restraint may not be imposed upon the person for that withdrawal.

(g) A center established under this section may seek and accept contributions and any other available money and may expend the money to carry out the purposes of this section.

(h) An individual who is a member or an agent of the board of directors of or a mediator at a community dispute resolution center is immune from suit in a civil action based upon the exercise or performance of or the failure to exercise or perform a discretionary function or a discretionary duty within the official capacity of the individual. A community dispute resolution center is immune from suit in a civil action based upon an act or failure to act for which an individual is granted immunity under this subsection.

(i) In this section, center means a community dispute resolution center.

Article 5. General Provisions.
Alaska Stat. § 47.14.120 — AK Code / Title 47 / Chapter 47.14 / Section 47.14.120
Standards of care.
Status: in_force

The department shall establish standards of care and adopt regulations desirable for the welfare of every child under its care.
Alaska Stat. § 47.31.010 — AK Code / Title 47 / Chapter 47.31 / Section 47.31.010
Eligibility for assistance.
Status: in_force

(a) The department shall provide financial assistance under this chapter to a patient who (1) does not have the available means to pay or substantially contribute to the payment of charges assessed by a facility;

(2) has no other third party to pay for the evaluation or treatment provided under AS 47.30 ; and

(3) meets the criteria in this chapter.

(b) To be eligible for assistance under this chapter, a patient must have (1) been admitted for inpatient evaluation or treatment at an evaluation facility or a designated treatment facility other than a state-operated hospital after either (A) an involuntary commitment under AS 47.30.700  47.30.915; or

(B) a voluntary admission chosen by the patient after a determination by the patient's treating physician that the patient meets the involuntary commitment criteria in AS 47.30.700  47.30.915 and that involuntary commitment proceedings would be initiated if the patient did not choose to be admitted voluntarily; and

(2) a gross monthly household income that does not exceed 185 percent of the federal poverty guideline for this state for the calendar month in which service was provided.
Alaska Stat. § 47.05.010 — AK Code / Title 47 / Chapter 47.05 / Section 47.05.010
Duties of Department of Health.
Status: in_force

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

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

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

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

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

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

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

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

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

(10) enter into reciprocal agreements with other states relative to public assistance that are considered advisable;

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

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

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

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

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

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

(17) establish an electronic application process for all assistance programs administered by the department and allow an applicant to submit either a written or an electronic application; 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 ; in this paragraph, electronic application means an application for benefits or renewal of benefits, whether the department exclusively administers the benefits or administers the benefits in coordination with another state agency or federal agency, electronically completed and submitted through the department's Internet website.
Alaska Stat. § 47.30.620 — AK Code / Title 47 / Chapter 47.30 / Section 47.30.620
Short title.
Status: in_force

AS 47.30.520  47.30.620 may be cited as the Community Mental Health Services Act.
Alaska Stat. § 47.38.100 — AK Code / Title 47 / Chapter 47.38 / Section 47.38.100
Recidivism reduction program.
Status: in_force

(a) The recidivism reduction program is established to promote the rehabilitation of persons on probation or parole or incarcerated for offenses and recently released from correctional facilities.

(b) The commissioner, in cooperation with the Alaska Criminal Justice Data Analysis Commission established in AS 44.19.641 , may provide for programs that have, as a primary focus, rehabilitation and reduction of recidivism for persons on probation or parole or incarcerated for offenses and recently released from correctional facilities. The commissioner may enter into contracts to provide for programs under this section. An eligible program under this section must accomplish at least one of the following objectives: (1) increasing access to evidence-based rehabilitation programs, including drug and alcohol treatment, mental health treatment, and cognitive behavioral programs; or

(2) supporting offenders' transition and re-entry from correctional facilities to the community, including transitional housing services, employment services, vocational training, educational support, counseling, and medical care.

(c) The commissioner and the commissioner of corrections shall prepare a joint annual report on the program provided under (a) of this section, and notify the legislature on or before January 15 of each year that the report is available. The report must include an analysis of the program's effects on recidivism for program participants.

(d) In this section, evidenced-based means a program or practice that offers a high level of research on effectiveness.

Article 3. General Provisions.
Alaska Stat. § 47.07.032 — AK Code / Title 47 / Chapter 47.07 / Section 47.07.032
Inpatient psychiatric services for persons under 21 years of age.
Status: in_force

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

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

(b) The department shall, on a monthly basis, evaluate what types of services are available in the state for inpatient psychiatric care for persons under 21 years of age. If inpatient psychiatric services that are consistent with the person's clinical diagnosis and that appropriately address the person's needs become available at a location in the state for a person under 21 years of age who is receiving the services under this chapter at a location outside the state, the department shall, as a condition of continued eligibility for coverage of the services under this chapter, require the person to be transferred to the in-state facility unless the department determines that the transfer would be detrimental to the person's health, established therapeutic relationship, or clinical need.
Alaska Stat. § 47.05.085 — AK Code / Title 47 / Chapter 47.05 / Section 47.05.085
Subpoena power.
Status: in_force

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

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

(c) A person who, without just cause, fails or refuses to produce books, papers, correspondence, memoranda, and other records, if it is in the person's power to do so, in obedience to a subpoena of the department or an authorized representative of it, upon conviction, is punishable by a fine of not more than $200, or by imprisonment for not more than 60 days, or by both. Each day the failure or refusal continues is a separate offense.
Alaska Stat. § 47.60.020 — AK Code / Title 47 / Chapter 47.60 / Section 47.60.020
Authorization of nonprofit corporations for establishment of multipurpose senior centers.
Status: in_force

Private nonprofit corporations incorporated under state law may undertake or may be incorporated for the purpose of undertaking the development and operation of multipurpose senior centers.
Alaska Stat. § 47.18.200 — AK Code / Title 47 / Chapter 47.18 / Section 47.18.200
Peer counselor program.
Status: in_force

(a) The department shall develop and implement a continuing statewide program of technical support and assistance to encourage school districts, municipalities, and nonprofit corporations incorporated under AS 10.20 that initiate implementation, or that are considering implementation, of adolescent peer counseling groups under adult supervision for (1) prevention of adolescent behavioral patterns that jeopardize physical and mental health and that hamper social, educational, and personal development; and

(2) spreading information about services that are available to adolescents to help them with their health needs.

(b) The program of technical support required under (a) of this section must include (1) suggested methods for maintaining a high level of adolescent, parental, and community support for peer counseling groups;

(2) workshops, seminars, or other training opportunities for adolescent peer counselors and their adult leaders; this training must include sessions to (A) develop interpersonal communications skills;

(B) teach accurate health information, emphasizing sexual development;

(C) provide information about services that are available in the peer counselors' areas and how those services can be obtained for pregnancy prevention, and prenatal care; and

(D) encourage adolescents to avoid major risk-taking behavior and to reinforce responsible behavior and self control;

(3) assistance in selecting appropriate resource materials for the groups;

(4) recommended mechanisms for effectively monitoring and evaluating the activities and accomplishments of the groups; and

(5) other similar services to assist and encourage school districts and municipalities in establishing and administering adolescent peer counseling groups.

(c) In developing the program of technical support and assistance required under (a) of this section, the department shall review and consider the activities and accomplishments in other states that have developed peer counseling networks. The department shall solicit contributions of money and expertise from the private sector that may be available for this type of program.

Article 5. Foster Care Transition Program.
Alaska Stat. § 47.15.070 — AK Code / Title 47 / Chapter 47.15 / Section 47.15.070
Additional procedures not precluded.
Status: in_force

In addition to the procedures provided under AS 47.15.010 for the return of a runaway juvenile, the states that are participants to the compact, the juvenile, the juvenile's parents or other legal custodian, or the courts of the participating states may agree upon and adopt any plan or procedure legally authorized under the laws of this state and the other respective party states for the return of the runaway juvenile.
Alaska Stat. § 47.30.475 — AK Code / Title 47 / Chapter 47.30 / Section 47.30.475
Grant-in-aid program.
Status: in_force

(a) A nonprofit corporation, a city or borough government, or other political subdivision of the state, or a combination of these, is eligible for grant-in-aid funds under this section. Applications shall be sent to the department.

(b) Money available under this section shall be awarded by the department to applicants on the basis of community need, but only after consideration of comment and advice of the Advisory Board on Alcoholism and Drug Abuse. In awarding grants, the department shall further consider the amount of money that is available for all applications and whether an application would contribute to the wise development of a comprehensive program of alcoholic and drug abuse rehabilitation and prevention.

(c) Grants shall be awarded in a ratio of 75 percent state money to 25 percent community money for the costs of providing staff and limited improvement, renovation, or new construction of facilities for alcohol or drug detoxification, rehabilitation, or half-way house care. The department may waive all or part of the requirement that state money be matched by community money if the department finds that community money is unavailable and waiver of the requirement is in the best interests of the state. A grant for improving, renovating, or constructing may not exceed $50,000 except when there is a lack of applicants for available money and then only with the approval of the Advisory Board on Alcoholism and Drug Abuse. The department is not required to award all money available under this program, or the full percentages specified in this subsection, when another source of money is available or could reasonably be made available to the applicant.

(d) Money used by the applicant to qualify for state money may be from any source other than the state. The cost of developing an application is not reimbursable from the grant. The value of real property to be used directly in conjunction with the grant may be used in calculating the required amount of community money, as allowed by regulations of the department.

(e) A grant may not be awarded under this section unless the application includes a plan that provides for (1) the expenditure of grant money for education and other preventative measures, or the treatment of alcoholics and drug abusers;

(2) the reception of advice and comment from a local advisory board, or, if a local advisory board cannot be formed because the area is sparsely populated, from the governing bodies of private nonprofit health organizations, regarding the design, implementation, and evaluation of the plan and action to be taken;

(3) goals, expressed in quantifiable terms that express the intended effect of the assistance provided under the plan upon the number of individuals needing or utilizing that assistance.

(f) The department shall monitor the implementation of the plan required under (e) of this section, and shall terminate payment of grant money if the plan is not implemented or approval of the program as a public or private treatment program under AS 47.37.140 is not granted within one year of the award of the grant, or is suspended, revoked, limited, or restricted. Modification of the plan required by (e) of this section shall be approved by the department before implementation of the modification.

(g) The department shall provide management training for persons administering a program receiving grant money under this section.

(h) If the department determines, after the award of a grant under (c) of this section, that the community is capable of bearing a greater portion of the cost of a program than originally determined, the department may (1) reduce the award by that portion of the cost of a program that the department subsequently determined the community could bear; or

(2) terminate payment of the grant entirely.
Alaska Stat. § 47.55.080 — AK Code / Title 47 / Chapter 47.55 / Section 47.55.080
Enforcement against estate.
Status: in_force

If a beneficiary under this chapter dies leaving an estate in the state, the attorney general or the Department of Family and Community Services shall file with the executor or administrator, or with the probate court, the claim of the state against the estate, and the attorney general shall take the steps necessary to enforce and collect the claim. Money collected shall be paid into the treasury of the state.
Alaska Stat. § 47.10.086 — AK Code / Title 47 / Chapter 47.10 / Section 47.10.086
Reasonable efforts.
Status: in_force

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(h) The department shall engage a child who is 14 years of age or older in the development or revision of a case plan, permanency goal, or alternative permanency plan for the child. The department shall also allow the child to select not more than two adults to participate in the development or revision of the plan in addition to the child's foster parents or department employees who are supervising the care of the child. The department may reject an adult selected by the child if the department has good cause to believe that the adult will not act in the best interests of the child. If the department rejects an adult, the child may select another adult. The child may designate one of the adults to be the child's advisor, and the advisor may advocate for the child.
Alaska Stat. § 47.30.900 — AK Code / Title 47 / Chapter 47.30 / Section 47.30.900
Diligent inquiry; personal property delivery and claims.
Status: in_force

The department shall make diligent inquiry in every instance after departure without authority or death of a patient, to ascertain the whereabouts of the patient or that of the patient's legal heirs or representatives, and shall turn over to the proper person the money or articles of personal property in the custody of the facility to the credit of the patient. Claims to the money or articles of personal property, including claims by the state, may be presented to the department at any time. If a claim other than by the state is established by clear and convincing evidence more than one year after the death or departure without authority of a patient, it shall be certified to the legislature for consideration and the legislature may pay the claim.
Alaska Stat. § 47.30.690 — AK Code / Title 47 / Chapter 47.30 / Section 47.30.690
Admission of minors under 18 years of age.
Status: in_force

(a) A minor under the age of 18 may be admitted for 30 days of evaluation, diagnosis, and treatment at a designated treatment facility if the minor's parent or guardian signs the admission papers and if, in the opinion of the professional person in charge, (1) the minor is gravely disabled or is suffering from mental illness and as a result is likely to cause serious harm to the minor or others;

(2) there is no less restrictive alternative available for the minor's treatment; and

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

(b) A guardian ad litem for a minor admitted under this section shall be appointed under AS 25.24.310 to monitor the best interests of the minor as soon as possible after the minor's admission. If the guardian ad litem finds that placement is not appropriate, the guardian ad litem may request that an attorney be appointed under AS 25.24.310 to represent the minor. The attorney may request a hearing on behalf of the minor during the 30-day admittance.

(c) The minor may be released by the treatment facility at any time if the professional person in charge or the minor's designated mental health professional determines the minor would no longer benefit from continued treatment and the minor is not dangerous. The minor's parents or guardian must be notified by the facility of the contemplated release.
Alaska Stat. § 47.10.111 — AK Code / Title 47 / Chapter 47.10 / Section 47.10.111
Petition for adoption or guardianship of a child in state custody.
Status: in_force

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

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

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

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

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

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

(f) Except as provided in this section, the requirements of AS 25.23 apply to a petition for adoption filed under this section, and the requirements of AS 13.26.101  13.26.186 apply to a petition for legal guardianship filed under this section.
Alaska Stat. § 47.25.180 — AK Code / Title 47 / Chapter 47.25 / Section 47.25.180
Appeal.
Status: in_force

An applicant whose application is not acted upon or is denied, discontinued, or modified by the department shall be granted an opportunity for fair hearing before the office of the administrative hearings ( AS 44.64.010 ). The hearing shall be held within a reasonable time after demand for it. The conduct of the hearing shall be governed by the regulations adopted for that purpose by the department.
Alaska Stat. § 47.14.275 — AK Code / Title 47 / Chapter 47.14 / Section 47.14.275
Immunity.
Status: in_force

A member of the state panel and a person who furnishes services to or advises the state panel is not liable for damages or other relief in an action involving the performance or failure to perform a duty or other activity of the state panel.
Alaska Stat. § 47.08.150 — AK Code / Title 47 / Chapter 47.08 / Section 47.08.150
Assistance for chronic or acute medical conditions.
Status: in_force

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

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

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

(B) cancer and requires chemotherapy; or

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

(ii) seizure disorders;

(iii) chronic mental illness;

(iv) hypertension;

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

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

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

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

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

(4) outpatient laboratory and x-ray services;

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

(6) outpatient surgical services;

(7) nursing facility care.

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

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

(f) The Department of Health may adopt regulations to implement this section.
Alaska Stat. § 47.25.520 — AK Code / Title 47 / Chapter 47.25 / Section 47.25.520
Leaving the state.
Status: in_force

(a) A person receiving assistance who leaves the state may not receive assistance during the absence.

(b) This section does not apply to a recipient who temporarily leaves the state for (1) medical treatment;

(2) a vacation, business trip, or other absence of less than 30 days unless the time is extended in specific cases by the department;

(3) vocational, professional, or other special education of more than 90 days if a comparable program is not reasonably available in the state; or

(4) postsecondary education.
Alaska Stat. § 47.10.089 — AK Code / Title 47 / Chapter 47.10 / Section 47.10.089
Voluntary relinquishment of parental rights and responsibilities.
Status: in_force

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

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

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

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

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

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

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

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

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

(j) After a termination order is entered and before the entry of an adoption or legal guardianship decree, a prospective adoptive parent or a guardian of a child who is the subject of the adoption or guardianship decree may request, after providing notice as specified under this subsection, that the court decline to incorporate a privilege retained in a termination order and recommended for incorporation in an adoption or guardianship decree under (e) of this section. The request made under this subsection may only be considered by the court after providing at least 20 days' notice by certified mail to the last known address of the person who has voluntarily relinquished parental rights to the child. The notice under this subsection must describe the request and explain that the recipient of the notice may submit a written statement under penalty of perjury to the court that the recipient either agrees with or opposes the request. The notice must also include the deadline for submitting the statement and the mailing address of the court. The court may decline to incorporate a retained privilege if the person who retained the privilege agrees with the request or if the court finds that it is in the child's best interest.
Alaska Stat. § 47.25.220 — AK Code / Title 47 / Chapter 47.25 / Section 47.25.220
State's claim for assistance.
Status: in_force

The total amount paid in assistance to a recipient constitutes a claim against the recipient and the recipient's estate. On the death of a person receiving assistance, the total amount paid as assistance shall be allowed by the court having jurisdiction over the estate.
Alaska Stat. § 47.80.135 — AK Code / Title 47 / Chapter 47.80 / Section 47.80.135
Gainful employment of persons with disabilities.
Status: in_force

(a) When carrying out duties under AS 47.80.130 related to the provision of services to a person with a disability, the department's primary objective and preferred outcome is to help the person become gainfully employed in the general workforce of the public or private sector in an integrated workplace where persons with disabilities work with and alongside of persons without disabilities.

(b) By December 31 of each year, the commissioner of health shall provide to the Alaska Mental Health Trust Authority established by AS 44.25.200 a report on the department's progress toward the objective under (a) of this section.

(c) In this section, gainfully employed means employed full time or part time for compensation that is (1) at or above the minimum wage; and

(2) not less than the compensation paid by the employer for the same or similar work performed by a person who is not disabled.
Alaska Stat. § 47.20.090 — AK Code / Title 47 / Chapter 47.20 / Section 47.20.090
Finding and evaluating eligible participants.
Status: in_force

(a) The department shall establish a comprehensive system for finding children and their families who are eligible for services under AS 47.20.060  47.20.290. This child find system must (1) include a public awareness program focusing on early identification of developmentally delayed and disabled children under three years of age;

(2) provide for participation by primary referral sources; and

(3) include procedures with timelines for referral of eligible participants to service providers.

(b) The department shall, within 45 days after a child's referral for services under (a) of this section, ensure that all affected public agencies and service providers (1) provide for a comprehensive multidisciplinary evaluation of the functioning of the child and the needs of the child's family so that the family can appropriately assist in the development of the child;

(2) in consultation with the child's parents, develop a written individualized service plan that identifies how the needs of the child and the family could be met.
Alaska Stat. § 47.30.727 — AK Code / Title 47 / Chapter 47.30 / Section 47.30.727
Provision of records and notice following a finding of incompetency in a criminal case.
Status: in_force

(a) Within 30 days after a respondent has been found incompetent to proceed under AS 12.47.110 and committed under AS 47.30.700  47.30.915, and every 30 days thereafter until the civil commitment case has concluded, the division of the Department of Law that has responsibility for civil cases shall provide all information and records obtained during the civil commitment to the division of the Department of Law that has responsibility for criminal cases.

(b) Records disclosed to the division of the Department of Law that has responsibility for criminal cases under (a) of this section are confidential and may not be disclosed to anyone unless disclosure is required by a court order or the respondent provides written consent to the disclosure. If the records are used in the criminal proceeding, the moving party shall file the records as confidential documents.

(c) A facility housing a respondent found incompetent to proceed under AS 12.47.110 and committed under AS 47.30.700  47.30.915 shall provide notice to the prosecutor in the criminal case of all hearings scheduled by the court in the civil commitment case. The prosecutor, or a staff member of the prosecutor's office, may attend a hearing in the civil commitment case but may not participate in the hearing as a party.
Alaska Stat. § 47.30.720 — AK Code / Title 47 / Chapter 47.30 / Section 47.30.720
Release before expiration of 72-hour period.
Status: in_force

If at any time in the course of the 72-hour period the mental health professionals conducting the evaluation determine that the respondent does not meet the standards for commitment specified in AS 47.30.700 , the respondent shall be discharged from the facility or the place of evaluation by evaluation personnel and the petitioner and the court so notified.
Alaska Stat. § 47.25.590 — AK Code / Title 47 / Chapter 47.25 / Section 47.25.590
Policy and purpose of AS 47.25.430  47.25.615.
Status: in_force

(a) It is the policy of the state and the purpose of AS 47.25.430  47.25.615 to cooperate and coordinate with the United States government and its agencies in providing for and administering the laws of the federal and state governments having for their purpose adult public assistance for residents of this state.

(b) The purpose of AS 47.25.430  47.25.615 is to furnish financial assistance as far as practicable to needy aged, blind, and disabled persons, and to help them attain self-support or self-care.
Alaska Stat. § 47.40.011 — AK Code / Title 47 / Chapter 47.40 / Section 47.40.011
Purchase of services.
Status: in_force

(a) When the department purchases residential services for minors for whom the state has assumed responsibility under AS 47.10 or AS 47.12 , the department shall (1) purchase the services only under grants to local governmental units or nonprofit corporations;

(2) award grants for a specified number of beds as provided in AS 47.40.041 .

(b) The department shall adopt regulations necessary to carry out the provisions of AS 47.40.011  47.40.091, including regulations establishing the procedures to be followed in awarding grants, the types of services for which payment may be made, costs that may be paid with grant money, and the method of payment.

(c) Services of jails and other penal institutions may not be included in services purchased by the state under AS 47.40.011  47.40.091.
Alaska Stat. § 47.65.010 — AK Code / Title 47 / Chapter 47.65 / Section 47.65.010
Appropriations for service programs.
Status: in_force

An amount to carry out the provisions of AS 47.65.010  47.65.050 may be appropriated annually by the legislature. The amount appropriated shall be fully distributed by the department to sponsors of older Alaskans service programs in accordance with the provisions of AS 47.65.010  47.65.050.
Alaska Stat. § 47.14.130 — AK Code / Title 47 / Chapter 47.14 / Section 47.14.130
Payment of costs.
Status: in_force

The department shall pay the proper and necessary costs of the court and witnesses and other expenses necessarily incurred in the enforcement of AS 47.14.100  47.14.130.
Alaska Stat. § 47.12.400 — AK Code / Title 47 / Chapter 47.12 / Section 47.12.400
Youth courts.
Status: in_force

(a) The department may use youth courts to hear, determine, and dispose of cases involving a minor whose alleged act that brings the minor within the jurisdiction of AS 47.12.010  47.12.260 constitutes a violation of a state law that is a misdemeanor or a violation or constitutes a violation of a municipal ordinance that prescribes a penalty not exceeding the penalties for a class A misdemeanor under state law.

(b) Unless otherwise directed by the commissioner, the jurisdiction of a youth court is coextensive with the boundaries of the municipality in which the youth court is located. Only one youth court may be established within the boundaries of a municipality. Nothing in this subsection prohibits two or more municipalities from operating a single youth court for the municipalities by agreement between them.

(c) A nonprofit corporation may obtain recognition from the commissioner to serve as a youth court. The corporation may exercise only the powers that are delegated to a youth court by the commissioner, and shall exercise those powers as authorized by the corporation's articles of incorporation and bylaws. The bylaws of the corporation must set out standards and procedures by which the corporation, in its capacity as a youth court, (1) establishes a system by which the minor may be held accountable for the conduct that brings the minor within the jurisdiction of the youth court by being tried, represented, and adjudicated by the minor's peers;

(2) guarantees the constitutional rights of the minor that are guaranteed by the state and federal constitutions;

(3) may secure jurisdiction over a minor; the youth court may secure jurisdiction over the minor only with the consent of the minor and the agreement of the minor's legal custodian;

(4) sets out the process for disposing of matters referred to it for resolution;

(5) provides a process for appeal of a verdict or sentence, and defines the basis for appeals;

(6) reserves the right to refer to the department, under AS 47.12.060 (a), a matter transmitted to the youth court for disposition in which the minor fails, without good cause, to comply with all requirements ordered by the youth court as a part of sentence imposed on the minor; and

(7) prepares and delivers a report of the disposition of the matter referred to it for resolution to the commissioner.

(d) Subject to the privileges that witnesses have in the courts of this state, the commissioner may compel by subpoena, at a specified time and place, the (1) appearance and sworn testimony of a person who the commissioner reasonably believes may be able to give information relating to a matter before a youth court; and

(2) production by a person of a record or object that the commissioner reasonably believes may relate to a matter before a youth court.

(e) If a person refuses to comply with a subpoena issued under (d) of this section, the superior court may, upon application of the commissioner, compel obedience by proceedings for contempt in the same manner as in the case of disobedience to the requirements of a subpoena issued by the court or refusal to testify in the court.

(f) The commissioner shall make and keep records of all cases referred to a youth court. The records of a youth court proceeding (1) relating to a minor who complies with all requirements ordered by the youth court as a part of sentence imposed on the minor shall be sealed by the commissioner and may not be used for any purpose; and

(2) except as to a record described in (1) of this subsection, shall be afforded at least the same protection and are subject to at least the same procedural safeguards in matters relating to access, use, and security as they would be under AS 47.12.310 .

(g) An individual who is a member or an agent of the board of directors of a nonprofit corporation that has obtained recognition from the commissioner to serve as a youth court under this section is immune from suit in a civil action based upon the exercise or performance of or the failure to exercise or perform a discretionary function or a discretionary duty as a member of the board of directors or that has been properly delegated by the board of directors. An individual who tries, represents, or adjudicates a minor in a youth court is immune from suit in a civil action based upon the exercise or performance of or the failure to exercise or perform a discretionary function or a discretionary duty within the individual's quasi-judicial capacity with the youth court. A nonprofit corporation that has obtained recognition from the commissioner to serve as a youth court is immune from suit in a civil action based upon an act or failure to act for which an individual is granted immunity under this subsection.
Alaska Stat. § 47.25.621 — AK Code / Title 47 / Chapter 47.25 / Section 47.25.621
Alaska affordable heating program.
Status: in_force

(a) The Alaska affordable heating program is established in the Department of Health to provide expanded eligibility for Alaska residents for home heating assistance, to the extent funds are available in the Alaska affordable heating fund.

(b) The Alaska affordable heating program established under this section is in addition to the federal low-income heating and energy assistance provided under 42 U.S.C. 8621  8629 (Low-Income Home Energy Assistance Act of 1981), as amended, and implementing regulations.

(c) The Alaska affordable heating fund is established as a separate fund to be managed by the Department of Revenue. The fund consists of appropriations made to it. Interest earned by the fund may be appropriated to it. The Department of Health shall use money in the fund for Alaska affordable heating payments.
Alaska Stat. § 47.80.170 — AK Code / Title 47 / Chapter 47.80 / Section 47.80.170
Provision for personal needs upon discharge.
Status: in_force

The department shall make arrangements which are necessary to ensure that (1) no patient is discharged or placed on convalescent status from a designated facility without suitable clothing; and

(2) an indigent patient discharged or placed on convalescent status is furnished suitable transportation to the patient's permanent residence in this state or other suitable place at the discretion of the department, and a reasonable amount of money to meet immediate needs.
Alaska Stat. § 47.07.069 — AK Code / Title 47 / Chapter 47.07 / Section 47.07.069
Payment for telehealth.
Status: in_force

(a) [See conditional amendment note.] The department shall pay for all services covered by the medical assistance program provided through telehealth in the same manner as if the services had been provided in person, including (1) behavioral health services;

(2) services covered under home and community-based waivers;

(3) services covered under state plan options under 42 U.S.C. 1396  1396p (Title XIX, Social Security Act);

(4) services provided by a community health aide or a community health practitioner certified by the Community Health Aide Program Certification Board;

(5) services provided by a behavioral health aide or behavioral health practitioner certified by the Community Health Aide Program Certification Board;

(6) services provided by a dental health aide therapist certified by the Community Health Aide Program Certification Board;

(7) services provided by a chemical dependency counselor certified by a certifying entity for behavioral health professionals in the state specified by the department in regulation;

(8) services provided by a rural health clinic or a federally qualified health center;

(9) services provided by an individual or entity that is required by statute or regulation to be licensed or certified by the department or that is eligible to receive payments, in whole or in part, from the department;

(10) services provided through audio, visual, or data communications, alone or in any combination, or through communications over the Internet or by telephone, including a telephone that is not part of a dedicated audio conference system, electronic mail, text message, or two-way radio;

(11) assessment, evaluation, consultation, planning, diagnosis, treatment, case management, and the prescription, dispensing, and administration of medications, including controlled substances; and

(12) services covered under federal waivers or demonstrations other than home and community-based waivers.

(b) [See conditional amendment note.] The department shall adopt regulations for services provided by telehealth, including setting rates of payment. Regulations calculating the rate of payment for a rural health clinic or federally qualified health center must treat services provided through telehealth in the same manner as if the services had been provided in person, including calculations based on the rural health clinic's or federally qualified health center's reasonable costs or on the number of visits for recipients provided services, and must define visit to include a visit provided by telehealth. The department may not decrease the rate of payment for a telehealth service based on the location of the person providing the service, the location of the eligible recipient of the service, the communication method used, or whether the service was provided asynchronously or synchronously. The department may exclude or limit coverage or reimbursement for a service provided by telehealth, or limit the telehealth modes that may be used for a particular service, only if the department (1) specifically excludes or limits the service from telehealth coverage or reimbursement by regulations adopted under this subsection;

(2) determines, based on substantial medical evidence, that the service cannot be safely provided using telehealth or using the specified mode; or

(3) determines that providing the service using the specified mode would violate federal law or render the service ineligible for federal financial participation under applicable federal law.

(c) All services delivered through telehealth under this section must comply with the Health Insurance Portability and Accountability Act of 1996 (P.L. 104-191).

(d) In this section, (1) federally qualified health center has the meaning given in 42 U.S.C. 1396(l)(2)(B);

(2) rural health clinic has the meaning given in 42 U.S.C. 1396(l)(1);

(3) state plan means the state plan for medical assistance coverage developed under AS 47.07.040 ;

(4) telehealth has the meaning given in AS 47.05.270 (e).
Alaska Stat. § 47.25.011 — AK Code / Title 47 / Chapter 47.25 / Section 47.25.011
Administrative costs of program contractors.
Status: in_force

To defray administrative expenses, a contractor under AS 47.25.001 (b) may only retain $1,000 or 12 percent, whichever is greater, of the child care assistance program funds it receives from the department under the contract.
Alaska Stat. § 47.25.190 — AK Code / Title 47 / Chapter 47.25 / Section 47.25.190
Payment to guardians.
Status: in_force

When a guardian is appointed by the court for a person receiving assistance, the department may pay the assistance to the guardian.
Alaska Stat. § 47.05.320 — AK Code / Title 47 / Chapter 47.05 / Section 47.05.320
Criminal history use standards.
Status: in_force

The Department of Health and the Department of Family and Community Services shall by regulation establish standards for the consideration and use by that department, an entity, or an individual service provider of the criminal history of an individual obtained under AS 47.05.310 .
Alaska Stat. § 47.27.015 — AK Code / Title 47 / Chapter 47.27 / Section 47.27.015
Disqualifying conditions.
Status: in_force

(a) A family is not eligible for cash assistance under the Alaska temporary assistance program if the family includes an adult who (1) has received cash assistance under the Alaska temporary assistance program, or a program of another state operated under a federal assistance grant program for needy families, for a total of 60 months as the caretaker or spouse of a caretaker of a dependent child or as a pregnant woman, unless the caretaker or pregnant woman is (A) a person who the department has reasonable cause to believe is or recently has been the victim of domestic violence, as defined in AS 18.66.990 , and the physical, mental, or emotional well-being of the victim would be endangered by a strict application of the time limit otherwise applicable under this subsection;

(B) determined, under regulations of the department to be physically or mentally unable to perform gainful activity;

(C) a parent who is providing care for a child who is experiencing a disability; or

(D) a family determined by the department to be exempt from this paragraph by reason of hardship; or

(2) is determined to be fleeing to avoid prosecution, custody, or confinement after conviction, in this or another jurisdiction, for a crime that is classified as a felony or a class A misdemeanor under AS 11 or the criminal laws of the jurisdiction where the criminal activity was committed.

(b) A family is not eligible for cash assistance or self-sufficiency services under this chapter for a period of 120 months beginning on the date the adult applicant for the family is convicted of having fraudulently misrepresented the applicant's residence in order to receive cash assistance or self-sufficiency services in more than one state under a program financed with federal money under any successor federal program that replaces the aid to families with dependent children program.

(c) A family is not eligible for cash assistance for the following time periods if the family's demonstrated need for cash assistance is due to a refusal of or voluntary separation from suitable employment by the adult applicant, or a custodial parent or caretaker, without good cause: (1) one month for the first refusal or separation without good cause;

(2) six months for the second refusal or separation without good cause; and

(3) 12 months for the third and subsequent refusal or separation without good cause.

(d) A family is not eligible for cash assistance or self-sufficiency services for up to 12 months if the family's demonstrated need is due to an intentional transfer of an asset or assets at less than fair market value for the purpose of establishing eligibility for cash assistance or self-sufficiency services. A period of ineligibility shall begin on the first day of the month following the transfer of the asset or assets and shall remain in effect for a number of months equal to the fair market value of the transferred asset or assets divided by the maximum payment amount for the family as established under AS 47.27.025 , or for 12 months, whichever is less.

(e) An Alaska temporary assistance program applicant or participant who is administratively disqualified for making a false statement or misrepresentation knowing it was false, or for knowingly failing to disclose a material fact, in order to obtain or increase cash assistance or self-sufficiency services under this chapter is not eligible to receive cash assistance or self-sufficiency services under this chapter for a period of (1) six months following the first disqualification;

(2) 12 months following the second disqualification; and

(3) permanently following the third disqualification.

(f) The number of families for which an exemption is in effect under (a)(1) of this section may not exceed 25 percent of the number of families receiving cash assistance under this chapter.

(g) A person who is an alien is not eligible for cash assistance under this chapter unless the person is a qualified alien under 8 U.S.C. 1641 or an alien excepted under 8 U.S.C. 1612(b). However, a qualified alien may only be eligible for cash assistance under this chapter if the person is not precluded by the limited eligibility provision of 8 U.S.C. 1613.

(h) When determining under (a)(1) of this section whether an adult has received cash assistance for a total of 60 months, the department shall disregard the months that are required to be disregarded under 42 U.S.C. 608(a)(7)(D).

(i) A person convicted after August 22, 1996, of an offense that is classified as a felony under AS 11.71.010 - 11.71.040 or by the law of another jurisdiction that has as an element the possession, use, or distribution of a controlled substance, as defined in AS 11.71.900 , is disqualified from receiving temporary assistance under this chapter or food stamps under AS 47.25 unless the person demonstrates, to the satisfaction of the department, that the person (1) is satisfactorily serving, or has successfully completed, a period of probation or parole;

(2) is in the process of serving, or has successfully completed, mandatory participation in a drug or alcohol treatment program;

(3) has taken action toward rehabilitation, including participation in a drug or alcohol treatment program; or

(4) is successfully complying with the requirements of the person's reentry plan.
Alaska Stat. § 47.30.830 — AK Code / Title 47 / Chapter 47.30 / Section 47.30.830
Prohibition of experimental treatments.
Status: in_force

(a) Experimental treatments involving any significant risk of physical or psychological harm may not be administered to a patient.

(b) If the personnel of an evaluation or treatment facility are uncertain as to whether a proposed treatment is experimental or is experimental as applied to a particular patient or would involve a significant risk of mental or physical harm to the patient, the matter may be referred to the commissioner for a determination. The patient, the patient's attorney and guardian, if any, and an adult designated by the patient, shall, simultaneously with the referral to the commissioner, be provided with copies of all the documents by which the referral is made and shall have the opportunity to provide evidence to the commissioner on the question.

(c) A determination by the commissioner that a treatment is experimental and entails significant risks of mental or physical harm is binding upon all persons involved in the administration of treatment to a patient.
Alaska Stat. § 47.60.010 — AK Code / Title 47 / Chapter 47.60 / Section 47.60.010
Legislative findings.
Status: in_force

The legislature finds that there is a need for multipurpose senior centers in certain areas of the state to provide certain services for elderly persons, that this need can be at least partially met utilizing nonprofit corporations which would undertake the establishment of multipurpose senior center projects, and that the establishment of these projects constitutes a public purpose worthy of the cooperation of the state.
Alaska Stat. § 47.30.745 — AK Code / Title 47 / Chapter 47.30 / Section 47.30.745
90-day commitment hearing rights; continued commitment.
Status: in_force

(a) A respondent subject to a petition for 90-day commitment has, in addition to the rights specified elsewhere in this chapter, or otherwise applicable, the rights enumerated in this section. Written notice of these rights shall be served on the respondent and the respondent's attorney and guardian, if any, and may be served on an adult designated by the respondent at the time the petition for 90-day commitment is served. An attempt shall be made by oral explanation to ensure that the respondent understands the rights enumerated in the notice. If the respondent does not understand English, the explanation shall be given in a language the respondent understands.

(b) Unless the respondent is released or is admitted voluntarily following the filing of a petition and before the hearing, the respondent is entitled to a judicial hearing within five judicial days of the filing of the petition as set out in AS 47.30.740 (b) to determine if the respondent is mentally ill and as a result is likely to cause harm to self or others, or if the respondent is gravely disabled. If the respondent is admitted voluntarily following the filing of the petition, the voluntary admission constitutes a waiver of any hearing rights under AS 47.30.740 or under AS 47.30.685 . If at any time during the respondent's voluntary admission under this subsection, the respondent submits to the facility a written request to leave, the professional person in charge may file with the court a petition for a 180-day commitment of the respondent under AS 47.30.770 . The 180-day commitment hearing shall be scheduled for a date not later than 90 days after the respondent's voluntary admission.

(c) The respondent is entitled to a jury trial upon request filed with the court if the request is made at least two judicial days before the hearing. If the respondent requests a jury trial, the hearing may be continued for no more than 10 calendar days. The jury shall consist of six persons.

(d) If a jury trial is not requested, the court may still continue the hearing at the respondent's request for no more than 10 calendar days.

(e) The respondent has a right to retain an independent licensed physician or other mental health professional to examine the respondent and to testify on the respondent's behalf. Upon request by an indigent respondent, the court shall appoint an independent licensed physician or other mental health professional to examine the respondent and testify on the respondent's behalf. The court shall consider an indigent respondent's request for a specific physician or mental health professional. A motion for the appointment may be filed in court at any reasonable time before the hearing and shall be acted upon promptly. Reasonable fees and expenses for expert examiners shall be determined by the rules of court.

(f) The proceeding shall in all respects be in accord with constitutional guarantees of due process and, except as otherwise specifically provided in AS 47.30.700  47.30.915, the rules of evidence and procedure in civil proceedings.

(g) Until the court issues a final decision, the respondent shall continue to be treated at the treatment facility unless the petition for 90-day commitment is withdrawn. If a decision has not been made within 20 days of filing of the petition, not including extensions of time due to jury trial or other requests by the respondent, the respondent shall be released.
Alaska Stat. § 47.05.075 — AK Code / Title 47 / Chapter 47.05 / Section 47.05.075
Medical assistance lien.
Status: in_force

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

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

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

(d) A perfected lien under this section has priority over all other liens except tax liens and a lien perfected for attorney fees and costs.
Alaska Stat. § 47.10.990 — AK Code / Title 47 / Chapter 47.10 / Section 47.10.990
Definitions.
Status: in_force

In this chapter, unless the context otherwise requires, (1) adult family member means a person who is 18 years of age or older and who is (A) related to the child as the child's grandparent, aunt, uncle, or sibling;

(B) the child's sibling's legal guardian or parent; or

(C) in the case of an Indian child, an extended family member as defined in 25 U.S.C. 1903;

(2) care means to provide for the physical, mental, and social needs of the child;

(3) child means a person who is (A) under 18 years of age;

(B) 19 years of age if that person was under 18 years of age at the time that a proceeding under this chapter was commenced; and

(C) under 21 years of age if that person is committed to the custody of the department under AS 47.10.080 (c)(1) or (v);

(4) child in need of aid means a child found to be within the jurisdiction of the court under AS 47.10.010 and 47.10.011;

(5) commissioner means the commissioner of family and community services;

(6) court means the superior court of the state;

(7) custodian means a natural person 18 years of age or older to whom a parent or guardian has transferred temporary physical care, custody, and control of the child for a period of time;

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

(9) domestic violence has the meaning given in AS 18.66.990 ;

(10) family member means a person of any age who is (A) related to the child as the child's grandparent, aunt, uncle, or sibling;

(B) the child's sibling's legal guardian or parent; or

(C) in the case of an Indian child, an extended family member as defined in 25 U.S.C. 1903;

(11) family support services means the services and activities provided to children and their families, including those provided by the community, a church, or other service organization, both to prevent removal of a child from the parental home and to facilitate the child's safe return to the family; family support services may include counseling, substance abuse treatment, mental health services, assistance to address domestic violence, visitation with family members, parenting classes, in-home services, temporary child care services, and transportation;

(12) foster care means care provided by a person or household under a foster home license required under AS 47.32 ;

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

(14) guardian means a natural person who is legally appointed guardian of the child by the court;

(15) hazardous volatile material or substance has the meaning given in AS 47.37.270 ;

(16) Indian child has the meaning given in 25 U.S.C. 1903;

(17) Indian child's tribe has the meaning given in 25 U.S.C. 1903;

(18) infant means a child who is less than 21 days of age;

(19) intoxicant means a substance that temporarily diminishes a person's control over mental or physical powers, including alcohol, controlled substances under AS 11.71 , and a hazardous volatile material or substance misused by inhaling its vapors;

(20) juvenile detention facility has the meaning given in AS 47.12.990 ;

(21) mental health professional has the meaning given in AS 47.30.915 , except that, if the child is placed in another state by the department, mental health professional also includes a professional listed in the definition of mental health professional in AS 47.30.915 who is not licensed to practice by a board of this state but is licensed by a corresponding licensing authority to practice in the state in which the child is placed;

(22) mental illness has the meaning given in AS 47.30.915 ;

(23) mental injury has the meaning given in AS 47.17.290 ;

(24) near fatality means physical injury or other harm, as certified by a physician, caused by an act or omission that created a substantial risk of death;

(25) out-of-home care provider means a foster parent or relative other than a parent with whom the child is placed;

(26) parent means the biological or adoptive parent of the child;

(27) permanency hearing means a hearing (A) designed to reach a decision in a case concerning the permanent placement of a child under AS 47.10 ; and

(B) at which the direction of the case involving the child is determined;

(28) physical injury has the meaning given in AS 11.81.900 (b);

(29) reasonable efforts means, with respect to family support services required under AS 47.10.086 , consistent attempts made during a reasonable time period and time-limited services;

(30) reasonable time means a period of time that serves the best interests of the child, taking in account the affected child's age, emotional and developmental needs, and ability to form and maintain lasting attachments;

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

(32) serious physical injury has the meaning given in AS 11.81.900 (b);

(33) sexual abuse means the conduct described in AS 11.41.410  11.41.460; conduct constituting sexual exploitation as defined in AS 47.17.290 , and conduct prohibited by AS 11.66.100  11.66.150;

(34) support has the meaning given in AS 11.51.120 (b).
Alaska Stat. § 47.08.050 — AK Code / Title 47 / Chapter 47.08 / Section 47.08.050
Services excluded from coverage.
Status: in_force

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

(2) elective medical or surgical procedures;

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

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

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

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

(7) services not of a medical nature;

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

(9) costs incurred before July 1976.
Alaska Stat. § 47.30.680 — AK Code / Title 47 / Chapter 47.30 / Section 47.30.680
Required discharge.
Status: in_force

A patient who no longer meets the standards established in AS 47.30.670 shall be discharged from the treatment facility.
Alaska Stat. § 47.12.022 — AK Code / Title 47 / Chapter 47.12 / Section 47.12.022
Applicability; inclusion of certain persons as minors.
Status: in_force

Except as provided in AS 47.12.025 , the provisions of this chapter apply to a person who is 18 years of age or older and who is subject to the jurisdiction of this chapter due to AS 47.12.020 (b) or (c). To implement AS 47.12.020 (b) and (c) and this section, the term minor as used in this chapter includes a person described in this section.
Alaska Stat. § 47.06.030 — AK Code / Title 47 / Chapter 47.06 / Section 47.06.030
Legislative findings related to children.
Status: in_force

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

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

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

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

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

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

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

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

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

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

(B) the child should not be moved unnecessarily;

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

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

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

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

(G) to the extent practicable, the Department of Family and Community Services should enable a child's contact with previous out-of-home caregivers when appropriate and in the best interests of the child;

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

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

(C) it is important to provide for an expedited placement procedure to ensure that all children, especially those under the age of six years, who have been removed from their homes are placed in permanent homes expeditiously.
Alaska Stat. § 47.18.300 — AK Code / Title 47 / Chapter 47.18 / Section 47.18.300
Program authorized.
Status: in_force

(a) The department, in coordination with local public and private agencies, shall design, develop, and implement a foster care transition program to provide support and services to individuals who (1) reach or have reached the age of 16 or older while in state foster care and have not yet reached 23 years of age; and

(2) meet other eligibility criteria established by the department under (b) of this section.

(b) The department may adopt regulations to carry out the purposes of AS 47.18.300  47.18.390, including regulations establishing eligibility thresholds, standards, and limits for the program. The department shall develop the regulations in consultation with those public and private organizations considered necessary by the department.
Alaska Stat. § 47.07.900 — AK Code / Title 47 / Chapter 47.07 / Section 47.07.900
Definitions.
Status: reserved

In this chapter, (1) [Repealed, § 4 ch 52 SLA 2006.] (2) advanced practice registered nurse services means services furnished by a person who is licensed as an advanced practice registered nurse under AS 08.68.850 that are within the scope of regulations adopted under AS 08.68.100 (a), whether or not the person is under the supervision of, or associated with, a physician or other health care provider;

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

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

(5) clinical social workers' services means clinical social work services provided by a person licensed as a clinical social worker under AS 08.95 ;

(6) [Repealed, § 6 ch 28 SLA 2003.] (7) department means the Department of Health;

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

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

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

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

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

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

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

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

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

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

(16) [See delayed amendment note.] professional counseling services means services within the practice of professional counseling provided by a person licensed as a professional counselor under AS 08.29 ; professional counseling services may be provided at a facility that is not a provider of clinic services.

(17) psychologists' services means services within the practice of psychology provided by a person licensed as a psychologist or psychological associate under AS 08.86 ;

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

(B) an outpatient community mental health clinic;

(19) substance abuser means a person who (A) is an alcoholic, as defined in AS 47.37.270 ;

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

(C) misuses illegal or prescription drugs;

(20) targeted case management services means services for populations designated by the department in regulation that will assist individuals eligible for medical assistance under this chapter in gaining access to needed medical, social, educational, or other services provided to persons through the department.
Alaska Stat. § 47.25.021 — AK Code / Title 47 / Chapter 47.25 / Section 47.25.021
Conditions of receipt of benefits.
Status: in_force

Benefits may be paid for the care of children of a low or moderate income family only if a parent or guardian, because of the child care, is freed to work or to seek work or to attend school. Benefits may not be paid for the care of children of a family where one parent or guardian is not working, actively seeking work, or attending school and is physically and mentally capable of caring for the children.
Alaska Stat. § 47.27.027 — AK Code / Title 47 / Chapter 47.27 / Section 47.27.027
Assistance to minors.
Status: in_force

(a) If an applicant under AS 47.27.020 is not married, is under the age of 18, and has not been previously emancipated under AS 09.55.590 , the applicant must (1) live in a home maintained by the applicant's parent, legal guardian, or other adult relative, unless the applicant establishes that there is good cause, as established by the department in regulation, to waive this requirement; if the department waives this requirement, the applicant must live in an approved, adult-supervised, supportive living environment;

(2) agree that cash assistance on behalf of the applicant's family may be paid to the applicant's parent, legal guardian, or other adult relative, or, if applicable, to the adult head of the adult-supervised, supportive living environment in which the applicant resides; and

(3) maintain attendance in a secondary school or other appropriate training program unless the applicant has a high school diploma or general equivalent diploma.

(b) The department shall reduce the cash assistance for which an assistance unit is otherwise eligible under this chapter if a minor parent in the assistance unit fails, without good cause, to meet standards of adequate levels of school attendance, as defined in regulations of the department. The reduction under this subsection shall be achieved by disregarding the needs of the person who failed to meet the school attendance standards. The person's needs shall be disregarded until the minor parent complies.
Alaska Stat. § 47.27.075 — AK Code / Title 47 / Chapter 47.27 / Section 47.27.075
Emergency account established.
Status: in_force

There is established within the general fund the Alaska temporary assistance program emergency account. The account consists of appropriations that were made by the legislature from federal money available for cash assistance, diversion payments, and self-sufficiency services under this chapter, including lapsing money that was previously appropriated from federal money for the Alaska temporary assistance program, but that were not expended or obligated in the fiscal year for which they were appropriated.